HomeMy WebLinkAbout838 - OrdinancesORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING REQUIREMENTS
FOR MANDATORY PAYMENT FOR RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL REFUSE COLLECTION
SERVICES, INCLUDING EXCEPTIONS, AND AMENDING TITLE
8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council ordains as follows:
Section 1. Section 8.17.280 of Chapter 8.17 and Section 8.19.280 of Chapter 8.19,
of Title 8 of the Rancho Cucamonga Municipal Code, are hereby repealed provided, however,
that such repeal shall not affect or excuse any violation thereof occurring prior to the effective
date of this Ordinance.
Section 2. Anew Section 8.17.280 is hereby added to Chapter 8.17 of Title 8 of the
Rancho Cucamonga Municipal Code to read as follows:
8.17.280 Mandatory payment for collection service; exceptions.
A. Except as otherwise provided in this Chapter, each occupant shall utilize
the services of a permittee for the collection of refuse from the residential
premises of such occupant, and shall pay collection fees to the permittee as set
by the permittee and authorized by resolution of the City Council. The obligation
of each occupant to pay such refuse collection fees shall be a civil debt due and
owing to the permittee, from the occupant to whom the collection services are
made available. A failure to make timely payment constitutes a violation of this
Chapter. All revisions in collection fees sought to be imposed by a permittee
must be submitted to the City Council for review and must be approved by
resolution of the City Council following a public hearing upon no less than ten
(10) days prior written notice to the permittee.
B. Lien authorized.
1. Pursuant to Government Code Sections 38790.1 and 25831,
charges for refuse collection services furnished on behalf of the City by a
permittee that remain delinquent for a period of at least sixty (60) days, shall
constitute a lien against the parcel of land for which the refuse collection services
were provided. At least once each year, the City Council shall cause to be
prepared a report of delinquent fees. The City Council or designee shall fix a
time, date, and place for hearing the report and any objections or protests to the
report. The City Council or designee shall cause notice of the hearing to be
mailed by first class mail with verification of delivery, to the property owners listed
on the report, not less than ten (10) days prior to the date of the hearing. At the
hearing, the City Council shall hear any objections or protests of property owners
liable to be assessed for delinquent fees. The City Council may make revisions
or corrections to the report as it deems just, after which, by resolution, the report
shall be confirmed.
2. The delinquent fees set forth in the report as confirmed shall
constitute special assessments against the respective parcels of land and are a
lien on the property for the amount of the delinquent fees.
A certified copy of the confirmed report shall be filed with the County Auditor for
the amounts of the respective assessments against the respective parcels of
land as they appear on the current assessment role. The lien created attaches
upon recordation in the Office of the County Recorder of the County of San
Bernardino, of a certified copy of the resolution of confirmation. The assessment
may be collected at the same time and in the same manner as ordinary County
ad valorem property taxes are collected and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as provided
for those taxes.
3. All laws applicable to the levy, collection, and enforcement of
County ad valorem property taxes shall be applicable to the assessment, except
that if any real property to which the lien would attach has been transferred, or
conveyed to a bonafide purchaser for value, or if a lien of a bonafide
encumbrancer for value has been created and attaches thereon, prior to the date
on which the first installment of the taxes would become delinquent; theh the lien
that would otherwise be imposed by this section shall not attach to the real
property and the delinquent fees, as confirmed, relating to the property shall be
transferred to the unsecured role for collection.
C. Pursuant to the provisions of Section 8.17.050E, nothing in this Chapter
shall prevent any occupant from regularly collecting and disposing of refuse
generated in or on the occupant's premises, as an alternative to receiving and
paying for refuse collection services from a permittee provided, however, that
such occupant shall comply with all other provisions of this Chapter applicable to
occupants. No occupant shall employ or engage any solid waste enterprise,
other than a permittee, to haul or transport refuse from the occupant's premises.
Any occupant desiring to collect and dispose of refuse generated in or on his or
her premises (`self-haul'), must first obtain aself-haul permit from the City, and
pay the self-haul permit fee in an amount established by resolution of the City
Council. Each occupant issued aself-haul permit must dispose of refuse at the
occupant's expense, at aCity-directed landfill or transfer station, or such other
landfill, transfer station or processing facility meeting all applicable regulatory
requirements. Each occupant issued aself-haul permit shall, every six (6)
months, file with the City Manager or designee a report detailing the quantity and
nature of all refuse, including recyclables, removed from the occupant's
premises. The report shall be delivered to the City Manager or designee on or
before January 15' and July 1s' of each year for the immediately preceding six (6)
month period. The report shall identify the waste disposal facility utilized by the
occupant and shall include copies of all receipts evidencing disposal, issued by
such disposal facility during the six (6) month period. A failure to file any required
report is a violation of this Chapter, punishable as an infraction or by
administrative penalty as provided in this Code.
D. The provisions of Section 8.17.280A shall not apply to any owner, tenant,
or person having lawful possession of a residential unit, who provides evidence
satisfactory to the City Manager or designee that the residential unit has not been
occupied by any person for sixty (60) or more consecutive days, for the period of
time the property is unoccupied."
Ordinance No. 838 -Page 2 of 5
Section 3. Anew Section 8.19.280 is hereby added to Chapter 8.19 of Title
of the Rancho Cucamonga Municipal Code to read as follows:
8.79.280 Mandatory payment for collection service; exceptions.
A. Except as otherwise provided in this Chapter, each owner or person in
control of each commercial or industrial establishment shall utilize the services of
a permittee for the collection of refuse from the premises of such establishment,
and shall pay collection fees to the permittee as set by the permittee and
authorized by resolution of the City Council. The obligation of each occupant to
pay such refuse collection fee shall be a civil debt due and owing to the
permittee, from the occupant to whom the collection services are made available.
A failure to make timely payment constitutes a violation of this Chapter. All
revisions in collection fees sought to be imposed by a permittee must be
submitted to the City Council for review and must be approved by resolution of
the City Council following a public hearing upon no less than ten (10) days prior
written notice to the permittee.
B. Lien authorized. Charges for refuse collection services furnished on
behalf of the City by a permittee that remain delinquent for a period of at least
sixty (60) days, shall constitute a lien against the parcel of land for which the
refuse collection services were provided. Procedures governing imposition of the
lien shall be as set forth in Section 8.17.2806 of Chapter 8.17 of this Code, or
any successor provision thereto.
C. Notwithstanding any other provision of this Chapter, nothing herein shall
prevent any occupant from regularly collecting and disposing of refuse generated
in or on the occupant's premises, as an alternative to receiving and paying for
refuse collection services from a permittee provided, however, that such
occupant shall comply with all other provisions of this Chapter applicable to
occupants. No occupant shall employ or engage any solid waste enterprise,
other than a permittee, to haul or transport refuse from the occupant's premises.
Any occupant desiring to collect and dispose of refuse generated in or on his or
her premises (`self-haul'), must first obtain aself-haul permit from the City, and
pay the self-haul permit fee in an amount established by resolution of the City
Council. Each occupant issued aself-haul permit must dispose of refuse at the
occupant's expense, at aCity-directed landfill or transfer station, or such other
landfill, transfer station or processing facility meeting all applicable regulatory
requirements. Each occupant issued aself-haul permit shall, every six (8)
months, file with the City Manager or designee a report detailing the quantity and
nature of all refuse, including recyclables, removed from the occupant's
premises. The report shall be delivered to the City Manager or designee on or
before January 15` and July 15` of each year for the immediately preceding six (8)
month period. The report shall identify the waste disposal facility utilized by the
occupant and shall include copies of all receipts evidencing disposal, issued by
such disposal facility during the six (8) month period.
D. The provisions of Section 8.19.280A shall not apply to any owner, tenant,
or person having lawful possession of a commercial or industrial establishment,
who provides evidence satisfactory to the City Manager or designee that such
commercial or industrial establishment has not been occupied by any person for
sixty (60) or more consecutive days, for the period of time the property is
unoccupied."
Ordinance No. 838 -Page 3 of 5
Section 4. Penalties. It shall be unlawful for any person, firm, partnership or
corporation to violate any provision or to fail to comply with any of the requirements of this
Ordinance hereby adopted. Except where designated as an infraction, any person, firm,
partnership or corporation violating any provision of this Ordinance or failing to comply with any
of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by fine not exceeding One Thousand Dollars ($1,000), or by imprisonment not
exceeding six (6) months, or by both such fine and imprisonment. Each and every 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 Ordinance is
committed, continued or permitted by such person, firm, partnership or corporation, and shall be
deemed punishable therefore as provided in this Ordinance.
Section 5. Civil Remedies. The violation of any of the provisions of this Ordinance
hereby adopted shall constitute a nuisance and may be abated by the City through civil process
by means of restraining order, preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
Section 6. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. This City Council
hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and the
balance of the Ordinance be enforced.
Section 7. The City Clerk shall certify to the adoption of this Ordinance.
Please see fhe folbwirtg pose
/or Iormal adopdon, cer~cafion and signatures
Ordinance No. 838 -Page 4 of 5
PASSED, APPROVED, AND ADOPTED this 6'" day of April 2011.
AYES: Alexander, Buquet, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
i i .
.,.
Sam Spagnolo, yor o Tem
ATTEST:
,~ r. i
ice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK 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 Cucamonga held on the 16`" day of March 2011, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
6`" day of April 2011.
Executed this 7'" day of April 2011, at Rancho Cucamonga, California.
~~c~cC.<- L = ~~w~~
ice C. Reynolds, City Jerk
Ordinance No. 838 -Page 5 of 5