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.