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HomeMy WebLinkAbout438 - Ordinances (B~DINANCE NO. 438 AN C~DINANCE OF THE CITY (IXaqC/L OF THE C/TY OF RANCF4D ~, CALIFCSN/A, AM~qDI]qG S~[ICSq 8.17.280 OF C~{~uTER 8.17 AND S]~CTICN 8.19.280 OF ~ 8.19, BOTH OF TITLE 8 OF THE ~ ~ MaqICIPAL CODE, ADDING P~OVISIC~qS RBX~JIRING PAYM~qT PeR REFUSE COT · ,NETION S~qVICES (i) The City of Randin ~ presently does not require that each individual residence, c~.~_rcial or industrial establ~ pay for trash collection services. This may cause the non-collection of refuse material to occur within the City. (ii) The City Council b~-~ fourd and determined that the periodic collection of refuse and x~,hb_ish fr~n all residences, c<mKtercial and irr]ustrial establishments will benefit all occupants and residents of the City and will further provide for the health, safety and welfare of all persons within the City. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. NOW, THBREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: In all respects as set forth in the Recitals, Section A, 'above. ~II_~: That Section 8.17.280 of Chapter 8.17 of Title 8 of the Rancho Cucamonga Municipal Code, is amerrk~ to read, in words and figures, as follows: "8.17.280 Charges for Service. "A. Collection (barge. A charge for the collection of refuse shall be imposed by the permittee to the owner or pers~ in control of each residential unit. The amount of such chal~3ee shall be fixed resolution of the City Council. A charge so fixed shall be a civil debt due and owing to City or permittee frum the owner or occupant of the residential unit to which the collection service is made available. The City Council has found and determined that the periodic collec- tion of refuse and rubbish fr~n all residential units benefits all occupants ar~ residents of the City, provides for the health, safety and welfare of all persots in the City and, therefore, all such Ordinance No. 438 Page 2 cccupants or owners are liable for the payment of collection service provided for hereunder, whether or not any suc~ owner or csm3pants avails themselves of such collection service. The requiretent that collection service fees be paid whether or not such service is utilized shall ~,,~ence and be enforceable effective January 1, 1992. "B. Rats Adjustments. All revisions and chaz~es levied by a permittee must be sukmnitted to the City Council for review and action and must be approved by resolution of the City Council following a public hearing upon at least ten (10) days' written notice to the S__E_~: That Section 8.19.280 of Chapter 8.19 of Title 8 of the Rancho Cucammnga MUnicipal Code, is amended to read, in words and figures, as follows: ".8.19.280 .Charqes for Servic~. "A. Collection Charge. A c~arge for the collection of refuse shall be imposed by the permittee on the owner or person in control of earl% c~Ll~ercial or industrial establishment. The amount of suc~ charges shall be fixed and changed from time to time by the permittee after approval by resolution of the City Council. The cJ%arcje so fixed shall be a civil debt due and owing to the City or permittee frce the owner or person in control of eac~ o~L,~ercial or industrial establishment to whic~ the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse and l~,bb__ish frcau all c~ka~_rcial or industrial establishments benefits all occupants and residents of the City, provides for the health, safety and welfare of all persons in the City and, therefore, all such owners or persons in control of such establishment are liable for the payment of collection service provided for herein under, whether or not any such owner or person in control avails themselves of such collection service. The require- ment that collection service fees be paid whether or not such service is utilized shall o4,,-,~nce and be enforceable effective January 1, 1992. "B. Rate Adjustments. All revisions and charges levied by a permittee n~st be submitted to the City Council for review and action and mist be approved by resolution of the City Ocuncil following a public hearing upon at least ten (10) days, written notice to the permittee.,, S__E~: Penalty for Violation. A. Criminal Violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to ccmply with any of the requirenents of this Chapter. Any person, firm, partnership, or No. 438 Page 3 corlxEatic~ violating any provisic~ of this (]~Dter or failing to comply with any of its req~ shall be deemed guilty of a m/~ and upon convictim thereof shall be punished by a fine not exoeeding One Thousand ~11~ ($1,000.00), or by i~=~ ~ exoe six (6) months, or by both such fine and impr~. Each suc~ person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is cc~mit~, continued or permitted by such person, firm, par~p, or corporation, and shall be ~ punishable therefor as provided in this Chapter. ' '' B. ~ivil I~~ A~-ai~le. ~ viola~ic~ of any of the l:~ovisions o~ ~ Cl~ sD, all oc~t~ce a r~ a~ may be ~bated ~y the ~ity ~ civil p~ocess ~y ~ o~ ~~ injunction, or in any c~ manner provi~ by law ~or t~e a~t~m~.nt of suc~ nuisance. S~L~FION 5: ~ City ~o~cil of t~e ~ity of P~ 0ac~ ~e~lares that, s~oul~ any provision, sec~cion, pa~ag~, C~ be ~~ or cle:l~ imralW by ~ny final c~ action in a c~ of c~ml0eten~ jurisdiction, or by ~easo~ of any p~e~ive legislation, the r~min~ ~'ovisio~s, sections, pa~, sent~_n~es an~ wor~s of this C~ s~all ~ain in full for~e ar~ effe~. s~all ouse t~e same to be lm~01is~ within fifteen (15) clays passage at le~ ono~ in ~ Inlar~ Valley E~ily B~lle~in, a n~pear of ger~.ral citation l~lis~ in ~ City of On~io, C~lifornia, ~i~a~ in the ~ity of Rar~ ~cm~onga, C~lifo~nia. SECTION : The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Valley Daily Bulletin, a new~ of general circulation published in the City of Ontario, California, and circulated in the City of Ra~ (lk?amonga, California. PASSED, APE, and ADOIxi~D this 6th day of F~bllary, 1991. AYES: Alexander, Buquet, Williams, Wright NOES: None William J. ~exander', Mayor Pro-Ten Ordinance No. 438 ' Page 4 city cl k I, DE~RA J. ADAMS, CITY ~ Of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho (~ held c~ the 16th day of January, 1991, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of February, 1991. EMecuted this 7th day of February, 1991 at Rancho Cucamonga, California.