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Home My WebLink About2013/11/05 Item 12 � � - � - -�..�-�� - CITY COUNCIL . � � - _ AGENDA STATEMENT � zy _ � *� �� CITY OF CHULA VISTA I�'OVEMBER �, 2013; ITE?�4�? ITE14 TITLE: ORDII�jANCE OF THE CITl' OF CHULA VISTA A?�4E\'DII�'G MUNICIPAL CODE SECTIOI�' 8.24.180 - PAYMENT OF SOLID �6'ASTE COLLECTION CH.ARGES SUBA7ITTED BY: DIRECTOR OF PUBLIC �'�'ORKS � ADMII�'ISTRATIVE �TICES b AGER Q� REVZE�V�D BY: CITY MP,i\�AGER ASSISTAI`TT CITY AI�'AGER� 4hTHS VOTE: 1'ES � NO X� sunz�zaul� Solid ��aste and recvcline ser�ices in the Ciri� of Chula Vista are mandatorv ��ith the availabilin� to opt out under specific conditions. Republic Services, Inc. is responsible for providing d�e billins services and the collecuon of pa}finenu. The current approval process for filing for an exemption from service involves review by both the Ciry and the franchise hauler; Republic Sen�ices; Inc. to verifi�and approve the applications. Givine Republic Sen�ices authoriq�to approve/deny exemption applications, withiri pazameters established by the City; �vill. improve the process cycle time. Any esemptions that aze outside of the standazd requests or any appeals for a denied application �i�ll be sent to the Public �'�'orl:s Department—Environmental Services Section for review. ENVIRONDZENTAL REVIE�'1' The Development Sen�ices Director has revie�ied the proposed activity for compliance �ith the California Em�ironmental Qualit}� Act (CEQA) and has determined that the activity is not a "Project" as defined under Section I�S78 of tbe State CEQA Guidelines becausethe activiq� consists of administrative/fiscal actions that �vill not result in direct or indirect physical changes to the em�ironment Therefore, pursuant to Section 1�060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental revie�v is required. RECOAUIIENDATIO\' That Council adopt the Ordinance. BOARDS/COA'IAZISSION RECOM�ZENDATION Not Applicable 12-1 NOVEMBER �, 2013, Item � 2 Page 2 of 6 DISCUSSION The City of Chula Vista s franchise agreement with Republic Services; Inc. (Republic) guarantees that Small Quantity Generator rates will be the lowest rates in the County of San Diego. Additionally; the contract provides a variety and level of service that allows ratepayers to conirol their fumre rates and encourages residents to I�elp meet the State environmental mandates for waste diversion and recyclin�. The contract provides for the reduction or elimination of illegal disposal and litter problems through free services such as bulky item pickup for single- family homes, landfill passes, and yard waste passes. Married to these services is the City's requirement of mandatory participation in solid waste service for public health and safety and mandatory pay�nent for those services w�ith the opportunity to opt out For specific situations. Republic is responsible for the billing services and the collection of payments. - - Chula Vista Municipal Code Section 8.24.180 Payment of solid waste collection charges — Penalty for delinquency states that the regular collection of solid waste, yard waste and designated recydables, and the disposal and processing thereof, is part of the integrated solid waste mana�ement service to the premises from whicl� it is collected. All owners and occupants of premises within the city shall be responsible for paying the monthly collection service rate charged by the contracted or franchise agent or they may comply with the provisions in subsection (H) for an exemption from mandatory service. Exemptions or extensions to exemptions are granted for up to 180 days (six months) and are at the discretion of the director of public works or designee. The current approval process can take several ��eeks to accomplish. Approximately 50 exemption requests are received per month and there are currently 488 approved vacancy exemptions. Each is reviewed by the City and Republic before approval may be given. By granting Republic Services approval authority, the process may be streamlined and process-cycle time reduced. Republic has the most direct relationship with the customer in these circumstances and Republic keeps notes on the activity for each account. With the recommended actions, the Ciry is not relinquishing its roll or responsibility for the exemption process. The City has established parameters for granting exemptions and retains the right to revie�� and modify any decisions made by the contractor or franchise agent. . Additionally, there is need to do some minor clean up to the language in this code seclion. The ordinance requires a 10 day notice prior to the due date stating the consequences of not paying the bill on time. This notice is not received well by the residenYs because they still have 10 days to make the pavment before they become past due. Residents perceived this to be harassment. Also, CVMC Section 8.24.180.D. provides that a "co�nplete schedule of maximum rates shall be kept on file with the citv clerk and the cit}' conservation coordinator." The City Clerk s office is the appropriate location for this document to be maintained. The ordinance revisions will address these issues. In consideration of these issues, tl�e following modifications are recommended to Chula Vista Municipal Code Section 8.24.180: 12-2 NOV"EA4BER �. 2013. Item �2 Pa�e 3 of 6 C.1!M.C. 8.14_I80 Pqt'�nent of solid waste collection chnrges-Penaln for delinquenc��_ _ _ D. Service Rates. The contract or franchise agent shall set sen�ice rates subjecr to a mciximum rate esrablished by the ciry council. A complete schedule of mazimum rates shall be kept on file udth d�e ciq�clerk .•and is available for public revieti++. Mazimum rates may be subject ro increase pursuant to the terms of the ciry's contract or franchise u.iih the contract or franchise agent. Subject ro the terms of the then-in-effect contract or fra��chise, the council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of generators (residential, commercial, industrial or subclassifications thereo� or t}pes of materials generated, including preferentia!or discounied rates for senior citizens or low-income famrlies or other classrftcations x+hich are deemed to be rn the public interest. E. Pena/�ies for Delinquei�cy—��'otification. _ _ 1. Delinquent Accounts— Generally. A bill shall be considered delinquent if payment in full is not received by�he close of business or posnnarked before midnight of the due dare as sholrn on the 6i1T. Hoivever, when the final day falls on a Saturday, Sunday or legal holyday. payment may be made x�ithout penalty on the next regular business day. , 'c R . a ti � ,. �....,..r,: .. . �n ,a,..... �,,.�... ,i,,, ,t,._� , �� J , 2. Late A�otice. In the even� the owner or occupant of any premises or business shall be delinquenr in payment of any part or all of the solid i>>aste fees and delrnquency continues for a period of 10 days after the due date shown on tlae bil(, the city's conmact or franchise agent shall send notifrcation ("Ibie notice') to the owner and occupant informing 6oth oJthe amount owed and�he schedule ofpenalties and costs acerued at each stage of delinquency as defrned beloiv. The notificatia� to the olvner shall be rnailed to the name and address lis�ed on the last available properry taz assessment roll and shal! include the potential delinquency amount to be assessed as a lien and collected on the owner's property ta,r bill. If payment in full is nor received b}+the due date on the bill/invoice, 11ae ciry or its contract or franchise agent may impose a one-tnne late/processing fee equal ro 10 percent of the charges ox�ed for Laree Ouuntiti+ Generntors or SI0.00 far Smull Ouuntiiv Generators. In additron,for each 30 days the delinguent bill remains unpaid, the ciry or its contract or franchise agent may impose additional late/processing fees egual to one and one-half percent of the outslanding debt. If the bill rs not paid �vithin l.i days of the invoice dtre daje, the ciry contracl or franchise agen� may charge an additional restart fee of SI0.00. (lhe penalties and restart fee are desrgnated for administratrve convenience only in dae master fee schedule.) The ciN or its contract or franchise agent must at minimum send one bill/invoice at least 10 days before the due date and one notification letter 6y frrst class mail to the otivner or occupmu prior io assessing a penalry. H. Request for Exemption from Fees— Ciry.Appror•ed Exception. 12-3 NOVEMB�R �, 20Li; Item �2 Page 4 of 6 l. ��Dza'alio�a of� Exemption. All ezemptions und exlensions � '� granted N�ill be for a period of not more tha�i 180 days ', � ' " ' '''" '"""'"' .. � Applicanls�r,'rc-kthat-have beett cited with a no�ice of viola�ion o�• administra�ire citation and those d�at have been late on set+•tv=�t°solid H�aste fee pa}�menls N�ithin lhe past six months wi11 not be qualified for an exemption. 2. Process for A4aki»e Request. Reques�s fo�• an exemption,�r rom -mandato�y solid waste seri�ices " "'�^""f�'+at-shall be mude on a form provided by the dtrer•ter�-cif �,akl;�;r.c�. Reyuests on ihe reguir•ed joi�m shall be conzpleted by the applicant and submi�ted to the ciiy or i�s ca�an-acI or Trcmchrse n,�eni, as outlu�ed on the form, An c�emptio�a request u�ill only be considered i/�tbe applican� de�nonstrales tlzn) it meelr one ofihe basec set forrh in sectioiz H.d.a.-d.. fie/oiv. , _ ' . '-. ° . ^„''�.°^ � ,- . .. . , . . � ` . c . 3. Conditions of un Approved Applicution. Applicunts shall agree to an i�ispection of their pre�nises Io verify compliance lvith solid N�asde diversion_ ""� ,��^n,a-�-e;�„�'. Failure to notify the city � ""�^ ' "`'�"^'^+-or !he city's contract or francJlise age��t in writing yrior to reoccupying tl�e premises, or otherwise alterirag conapliance H�ith the exenzption conditions, shal(constitute delinquency of payment for collectioii charges, and charges and penulties shall be retroactive to tlie first day of dae exenap�ion period. In a!1 cases,properry oivners arad/or their agents 1a�ill be expected to maintain sanitury premises pa�rsuant to CVMC 8.24.060 including, but �aot lin�rted tq litter abalemei7t, dean sidewalks a��d gutter•s, and yard waste recycling (as appropriat�), thraughout the exemption period. 4. Bases for Grar�tinp E.Yemr�tion cmd Special Terms. Exemptions will not apply reh�oactively except us stated in sufisection u., beloi+� -C�rss� vacancy exe»ap�ionL ��All exemptions�•eguested by tenants shall also be .rigned by �he properly owner. All exemptrons will onh�be �run�ed i/'�he cirn or i1s contraclo�� or fi'anchise �erai determines d2n1 lhe eYemplion request ineels the criteria ofa.. b., c., or d.. beloti+� The Cim relnrras the riQh� ro revietiv aiid inodifv any decisioi7 nzade bv the contractor or fi'anchise axe�at. a. Vacancy Exemption for Ureaccupied Premises. Irs the event dzat the pr•emises a�•e unoccupied , o ' o�" ii� Ihe case ofmilitar>> denlo�nneri/ oTall occupanls, ar� owner or occupnn� of a 12-4 NOVE?�4BER �; 2013, Item �Z Paee � of 6 residence or business may request a r•acancy exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or counry probate administrator may request a retroac�ii e exemption. /t is rhe responsibility of the occupm�t and/or the properry oi+mer to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of �he exemption perrod. . . . • • J ' J . " � 77 „ . �7.... b. SeJf-Haul. Occupant or tenants ofpremises may apply for an ezemption from fees for al!or part of the solid waste, yard waste and recycling services and remove or convey ivaste and/or recyclables for processing and disposal ivhich they generate themselves. Such persons must provide it�eekly_receipts for disposal at a state permi�ted landfill or transfer station and/or appropriate recycling faciliry at the end of each billing cycle or upon demand by the crry or its contract or franchise agent. Persons provided an exemptia� are still subject �o state- mmadated waste diversion goals and may not: (1) dispose of their x�aste in the wasle receptacle of another generator in Chula Visra or another jurisdiction, or in a park or street liiter bin, (2) conmact i+�ith a third party to remoi�e and convey their�vaste, (3) burn their tinaste in therr fireplace or by other nremss, (4) dispose of designated recyclables, or othenvise improperly dispose of was�e or recyclables as established in CVMC 8.?-1.0�0 8.24.09� and 8.2=J.0�0. .A self- hauler ezemption is not a permit to haul waste generated by a second party. c. Source Reduction, Recycling and Composting Exemption. The occupant/owner of any premises may apply for an ezemption from all or part of the solid u�aste, yard ivaste and recyclrng fees for 100 percent dirersion (no disposal of any kind, an�M�here). Such persons must provide a wrinen descrrption of their solid u�aste management plans, Io comply wrth the stateanandated landfill diversion goal and the city's integrated solid waste managen:ent plan. d. Property otivners and occupants wi�hin an area newly annexed to the ciry that was not currently usn�g the city's contract or fra��chise agent may use the service of a private refuse col(ection service o�her than rhe ciry's frarlchise agent for a period not to e.rceed one billing cycle. If the oivner or occupant i+�as under a preexrsting franchrse agreement with a private refuse collection service other d�an the ciry's contract or franchise agent, they may remain with that service to rhe extent required by lai+� until rhe end of the agreement perrod, less any extensions in that agreement,for a period not to exceed I80 days. e. The ciry or irs coratractor or fi�ar�chise agent mm�suspend collection service a��d/or charges from a large quantiry generator for: 12-5 I�iOVEMBER 5, 2013. Item �2 Page 6 of 6 i. Vucancy; ii. Deli�7guency ofpay�nent subsequent ro zinplensentation ofsubsection (E) of this section; or iii. Mutz�al agreemenl by the Cily a�7d contract or fi•anchise agent. The conn�aclor s&all��otif}� ihe Ciry quarte�•ly of all suspended accounts that did nol result in payment. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The proposed changes to the exemption process do not impact the General Fund. ONGOING FISCAL IMPACT None ATTACHMENTS Exemption form Prepared by: L�-mt France, Environmenta!Sernices Program Manager, Public �1%rks Department H:IPUBLlC WORKS- ENGIAGENDAICAS20l3V 1-0�-131REPORT-PW-CAS-Ordinance 8.24.180 madifications Il-S-zo�3.doc 12-6 ��r� � RATE REDUCTION OR E�EA'IPTION REQUEST CHUI�A VISTA SOLID �'�'ASTE AND RECYCLING FEES Residences and small businesses that meet one or more of the items listed belo�� mav qualifi� for a reduction in solid �raste and recti�cline rates. All exempiions; rate reductions and/or extensions ��ill be granted for a period of not more than sis months and shall be at the discretion of the Cit�� or contractor/franchise aoent. Ezemptions �r�ill not be �ranted retroactivek. Please do not assume that an exemntion request has been oranted until n�ritten confirmation is recei��ed. Applicants �vho have not paid past solid ��aste fees and applicanu ��ho have unresol��ed notices of violation or adminisvati��e citations in the past sia months ��ill not qualifi� for an exemption. Read both sides of this application and complete the follo�ving information. Name of Applicant: Phone: Last First Initial Da�time iltailing Address: (For im=oicing) Street Cih� _ State Zip Sen-ice Address: Street City Zip Account Number To qualif�• for an exemp6on: Check one of the followine cateeories and pro��ide a thoroueh description of ho«� your household will meet the state mandated rec�-cline eoals and include all the information on the back of this form fo� the category that applies to the e�emption }�ou are requestine. �'acancv: Propem� is totally vacant durine the period requested and «�ill not produce waste due to(check one): rental vacancy_, propem•sale_ vacation_, militan•deplo��ment_; or occupant(s) deceased_. Self-Haul: Applicant must produce ��eeklv receipts from a certified disposaUrecycling facilih� at the end of each billing c��cle. Request e�emption from: trash collection_; yard �aaste_, recyclin2_. Describe ��our plan belo��•. Recvclina: Must demonstrate that no recycline is eenerated. Describe your plan belo��. Ezplanation: (Aaach another sheet if necessarv) Term o(Ezemption Requesr. From to In all cases the property owners and their tenant�vill be espected to recyde all items included in the City program; . maintain sanitan•premises and keep the proper[}• free of solid waste and household hazardous waste durin2 the exemption period. If a request is eranted and the trash bill has already been paid; the prorated amount��ill be credited on the next im�oice. The Cit}•or Republic Sen•ices (619)421-9400 must be notified prior to reoccupying the premises or othern•ise altering the conditions of the exemp[ion. Failina to do so may constitute delinquency of pa��ment for collection charges, and charges and penalties shall be retroactive to the first day of the eaemption period. Dlail, fas or deli��er the completed application to Republic Sen�ices at 881 Enere��i'ay, Chula Vista Ca,91911, faz aumber(619)421-0841. Office hours are 7 a.m. to 5:30 p.m. Dlondaf�—Frida�s or Saturda�-s 8 a.m. [o noon. Sienamre of Applicant: Date I aaree to an inspection. Sianamre � 2_� Revised 10l?013 Sample Explanafions Below are some sample explanations for the various exemption cateeories. Please be sure to indude your recpcling plan and attach an ex[ra sheet if necessaq�. Rental Vacancy: 1) The service address listed above is totally vacant and generates no waste. All items lefr by the tenant have been removed as part of the City's regular trash or bull.y collection program and no waste or household ha2ardous waste is left on the property. I/we promise that no waste will be taken off the property for disposal at another site. Uwe accept responsibility for notifying Republic Services at(619) 421-9400 to immediately start trash and recycling service on or before the first day the properry is occupied or any remodeling or other waste-generating acti��iq� begins. Uwe ��ill include the information in the rental agreement or otherwise forward it to the new occupant so that they may begin to properly use the trash, yard waste and recycling services as soon as they occupy the praperty. 2) Proper[,y Sale: The service address listed above is totally vacant and generates no waste. All items left by the most recent occupant ha��e been removed as part of the City's regufar trash or bulky collection program and no waste or household hazardous waste is left on the property. Please exempt this property from solid waste and recycling service. Uwe understand that it is our responsibility to notify the new o�vner or occupant of their responsibiliry to establish service prior to occupancy by calling Republic Services (619) 421-9400. 1/H�e will include that information in escrow instructions or otherwise forward it to the new owner so that they may sien up for trash and recycling service beginning the first day of occupancy or any remodeling or other waste generating activity begins. 3) Vacation or Military Deployment Uwe am going on vacation, the property will be completely unoccupied at all times during our absence, and no ��aste N�ill be generated or taken off-site to avoid the fees. Uwe understand that 1 am responsible 1'or notifying Republic Seivices immediately at(619) 421-9400 if we should reoccupy the property prior to the date listed. 4) Occupant(s) deceased: The occupant(s) of this property are deceased. The property is noti� totally vacant and will not be generating any w�aste for the next several months while the estate is settled. Please exempt this proper[v from solid waste and recycli��g services. 1/we understand that it is our responsibility to no[ify the neti� owner or occupant of their responsibiliry to establish service prior to occupancy (Republic Services (619) 421- 9400) so that it begins when any w�aste generating activity begins but no later than the first day of occupancy (list relationship [o deceased, Probate Admi�istrator e[c.). Self-haui: ll«�e understand tha[ I am required to provide Republic Services (881 Energy \4'ay, Chula Vista, 91911) with weeklv receipts from a landfill or transfer station for the service address listed above at the end of each tH�o- month billing cycle during the eaemptioa Uwe also understand that failure to produce a receipt for any one of the weeks constitutes rejection for the full two-month period (commercial propeities must produce weekly receipts each month). I/H�e further understand that Uwe may not indude recyclable items listed in the City recycling program, or household hazardous waste in my disposal. Uwe also understand that my exemption precludes me from participating in the recycling, free bulky-pick-up, free landfill pass, free yard waste pass, household hazardous �e�aste and other special sen�ice programs. These programs are paid for with fees collected as part of the solid ��aste program from which Uwe am requesting an exemption. Finally, I understand that 1 may not burn my waste in a fireplace or other location to a��oid disposal fees. Recycling: Uwe understand that this exemption is provided because no waste is generated at the service address listed above. I do not buy any products that cannot be composted or recycled in programs sponsored by the City or Republic Sen�ices. Uwe do not use or eenerate any household hazardous waste such as paint, solvents; cleaners, dn� cell batteries, or other [oxic products. Uwe ��ill not take any waste or items from this service address to another site for disposal and [ am not burning my waste in a fireplace or other location. I/we further understand that my exemption precludes me from participating in the Free recycling, bulky pick-up, landfill & yard waste pass, and household hazardous ��aste proerams. These programs are sponsored by the City and Republic Services and paid for through fees paid by ratepayers. Printed on Recqcled Paper 1 'L_8 Recised 10/20Ii ORDII�?ANCE N0. ORDIi�TANCE OF THE CITY' OF CHULA VISTA AA4ENDIIvG A4iJNICIPAL CODE SECTIO\' 8.24.1 SO — PAY\�IENT OF SOLID ��TASTE COLLECTIO\' CHARGES �VHEREAS; the contract ��ith the City's franchise hauler provides for the lon=est service rares in San Diego Counq� for Small Quantit}� Generators; and R'HEREAS; the ��ariety of solid �i�aste service rates provides a method for ratepayers to control their future rates and encouraees participation in waste reduction and diversion sen�ices to help meet the State of Califomia environmental mandates; and VJHEREAS, the contract provides for the reduction or elimination of illeeal disposal and litter problems throueh free services such as bull.�� item pickup for sinole-famil�yhomes, landfill passes and ti�ard ��aste passes; and ��'HEREAS, per Chula Vista D4unicipal Code ("CVMC") Section 8.2=1.180 Payment of solid ��aste collection charees - all o��mers and occupants of a premises ��ithin the cin� shall be responsible for paying the monthly collection service rate; and ��'HEREAS, CVMC Section 8.24.180.D. provides that a "complete schedule of maximum rates shall be kept on file �i�ith the ciri� clerk and the cin� conservation coordinator.'- and the City Clerk's office is the appropriate location for this document to be maintained; and �l'HEREAS, CVMC Section 8.2�.180.E. requires that a `�first �vaming ' be issued to a resident or business if payment has not been made 10 da}�s before the due date; �vhich requirement has caused confusion to recipients and has not been beneficial to tunely payment of in��oices; and �4�1-IEREAS. ratepa��ers ma<< request an exemption from mandator}� service by follo�+�ins the process as outlined in CVA4C Section 8.24.180.H; and WHEREAS, the exemption process; as currently administered; invohes the revie�i of both the franchise hauler and the Citv of Chula Vista; taking se��eral �veeks to accomplish; �'�'HEREAS, City staff recommends that the exemption process be modified so that esemptions can be processed more efficientiv, ��hile still retainine ultimate decision-mal:ine authorirv to the Citv: and V�'HEREAS; City staff recommends that the City Council amend CVMC Section 8.24.180 to address the issues described abo��e. J:Wnome��\FtNAL RESOS A\•D ORDINA\CESL013\I I OS 13\Ordinance-C\'�1C 8 2�l 180-JDS�1 Redline.doc 10/?5/2013 11:58 AA1 � 2-9 Ordinance PaQe 2 NOW THEREFORE the City Council of the City of Chula Vista does ordain as follo�a�s: Section I. Chula Vista n�unicipal Code Section 8.24180, enritled " Payment of Solid Vlaste Collection Charges," is amended to read as follows: 8.24.180 Pa�ment of sohd «nste collection char;es Penalh tor delinc�uency. ______.. .. . ..........._ . _..... _._....... . ..._..._._.. D. Service Rates. The contract or franchise agent shall set service rates subject to a maYimum rate establisl�ed by tl�e city co�ncil. A complete schedule of maximum rates shall be kept on file with the city clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the city's contract or franchise with the contract or Pranchise agent. Subject to the terms of the then-in-effect contract or franchise, the council may from time to time establish such rates by resolution, includine the establishment of rates for different classifications of generators (residential, commercial, industrial or subclassifications thereofl or types of materials eenerated; including preferential or discounted rates for senior citizens or low-income families or other classifications which are deemed to be in the public interest. E. Penalties for Delinquency—Notification. 1. Delinquent Accounts — Generally. A bill shall be considered delinquent if pa}�ment in full is not received by the close of business or postmarked before midnight of the due date as showm on the bill. Ho��ever, ��,�hen the final day falls on a Saturday, Sunday or leQal holiday, payment may be made without penalty on the next regular business day. 2. Late I�rotice. In the event the o�aner or occupant of any premises or business shall be delinquent in payment of any part or all of the solid waste fees and delinquency continues for a period � of 10 days afrer the due date shown on the bilL the city's contract or franchise agent shall send notification (9ate notice") to tl�e owner and occupant infonning both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall inelude the poteutial delinquenc}� amount to be assessed as a lien and collected on the owner's propeRy tax bill. If payment in full is not received by the due date on the bill/invoice, the ciry or its contract or franchise agent ma}� impose a one-time late/processing fee equal to 10 percent of the charges o��ed for Large Quantity Generators or $10.00 for Small Quantity Generators. In addition; for each 30 days the delinquent bill remains unpaid, the city or its contract or franchise agent inay impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill is not paid within 15 days of the invoice due date, the cit}� contract or franchise age��t may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The city or its contract or franchise agent must at minimum send one bill/invoice at least 10 days before the due date and one notification letter by first class mail to the o�vner or occupant prior to assessing a penalTy. J:\Attorney\FINAL RESOS AT'D ORDINANCES\2013\I 1 OS 13\Ordinance-CVMC 8 24 180-JDSM Redline.doc � IOR�/2013 I 1:58 AD1 � � 2-� � Ordinance Paee 3 H. Request for Eaemption from Fees— Cin�-Approved Exception. 1. Duration of Exemption. All exemptions and extensions granted will be for a period of not more than 180 da}�s . Applicants that have been cited w7th a notice of violation or administrative citation and those that ha��e been late on solid �;�aste fee pa��ments ��ithin the past six months will not be qualified for an exemption. 2. Process for Makine Request. Requests for an exemption from mandator�� solid �vaste sen�ices shall be made on a form pro��ided bv the ciri. Requests on the required form shall be completed by the applicant and submitted to the city or its contract or franchise agent. as outlined on the form. An exemption request will onlv be considered if the applicant demonstrates that it meets one of the bases set forth in sections H.4.a.-d., belo�v. 3. Conditions of an Approved .Application. Applicants shall aeree to an inspection of their premises to verify compliance ��ith solid waste diversion. Failure to notifi� the city or the cin�'s contract or franchise aeent in writing prior to reoccupying the premises, or othenvise altering compliance with the exemption conditions, shall constitute delinquenc�� of payment for coilection charees, and chazaes and penalties shall be retroactive to the first day of the exemption period. In all cases, propem� o�mers and/or their agents �i�ill be. expected to maintain sanitan� premises pursuant to CVMC 8?4.060 including; but not limited to; litter abatement, dean side��alks and gutters, aod yazd waste rec��cling (as appropriate); throuahout the exemption period. 4. Bases for Granting Exemption, and Speciai Terms. E�:emptions �ti�ill not apph• retroactivelv e�cept as stated in subsection a., below ( ��acancy exemption). All exemptions requested by tenants shall also be signed by the property o��mer. An eaemption will onlv be eranted if the city or its contractor or franchise aeent determines that the esemptio� request meets the criteria of a., b.. c., or d.; belo��. The city retains the rieht to revie�� and modify anv decision made by the contractor or franchise agent. a. Vacancy Exemption for Unoccupied Premises. In the event that the premises are unoccupied and all �vater, se��er, electricitv and gas aze also disconnected or in the case of military deployment of all occupants; a� o�+ner or occupar�t of a residence or business mav request a �acancy exemption. Should the premises be unoccupied due to a death or similar hardship; the eaecutor, beneficiary or counn� probate administrator may request a retroacti��e esemption. It is the responsibilin� of the occupant andlor the propert�� o��mer to cancel an eaemption for vacancy and restart service if the property is to be occupied before the end of the esemption period. b. Self-Haul. Occupant or [enants of premises ma}� apply for an eaemption from fees for all or part of the solid waste, yazd w�aste and recycline services and remove or convev �vaste and/or recvdables for processin� and disposal ��fiich they eenerate themseh�es. Such persons must pro��ide �i-eekly receipts for disposal at a state- permitted landfill or transfer station and/or appropriate recyclins facility at the end of each billing cvcle or upon demand bv the citi� or its contract or franchise aeent. Persons pro�ided an exemption are still subject to state-mandated �vaste di��ersion eoals and mav not: (1) dispose of their waste in the waste receptacle of another l:Wttomev�Fli�AL RESOS A\D ORDINA\'CES�?013\I I 0� li\Ordinance-C\'D1C 8 34 180-1DSM Redline.doc 1025/?Oli 1 I:�8.AA1 � 2-� � Ordinance Page 4 generator in Chula Vista or another jurisdiction, or in a park or street litter bin; (2) contract with a third part}� to remove and convey their waste, (3) bum their waste in their fireplace or by other means, (4) dispose of designated recyclables, or otherwise improperly dispose of �a�aste or recyclables as established in CVMC 8?4.040, 8.24.04� and 8.24.0�0. A self-hauler exemption is not a permit ro hau] ��aste generated by a second party. c. Source Reduction, Recycling and Composting Exemption. The occupant/owmer of any premises may apply for an exemption from all or part of the solid waste, yard ��aste and recycling fees for 100 percent diversion (no disposal of any kind; anywhere). Such persons must provide a written description of their solid waste management plans, to comply witli the state-mandated landfill diversion goal and the city's integrated solid ��aste management plan. d. Property owners and occupants ��ithin an area newly anneaed ro the city that was not currently usin� the city's contract or franchise agent may use the service of a private refuse collection service other than the city's franchise agent for a period not to exceed one billing cycle. lf the owner or occupant was under a preexistins franchise agreement with a private refuse collection service other than the city's contract or franchise agent, they may remain with that service to the extent required by law until the end of the agreement period, less any extensions in that agreement, for a period not to exceed 180 days. e. The city or its contractor or franchise agent may suspend collection service and/or charges from a large quantity generator for: i. Vacanc}; ii. Delinquency of payment subsequent to implementation of subsection (E) of this section: or iii. Mutual agreement by the City and contract or franchise agent. The contractor shall notify the City quarterly of all suspended accounts that did not result in payment. Section II. Sc��crability If any portion of this Ordinance, or its application to any person or circumstance; is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceabilitv or uuconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its applicatio» to any other person or cireumstance. The City Council of the City of Chula Vista hereby declares thatit would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction � J:�Attomev�FINAL RESOS AND ORDiNANCbS�2013U 1 OS 13\Ordinance-CVMC 8 24 I80-JDSt�1 Redline.doc 1025/2013 I 1:58 AD4 � 2-� 2 Ordinance Pase � The City Council of the City of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in li¢ht of that intent. Section 1V. Effecti��e Date This Ordinance shall take effect and be in force on the thirtieth day afrer its final passa�e. Section V. Publication The City Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to la��. Presented By: Approved as to form by: � Rick Hopkins GI . o tfi� Director of Public �Vorks ��n�Atto�me�� / 1:Wttomev�FINAL RESOS AND ORDIi�ANCES�2013U I 0� 13\Ordinance-CV\1C 8 24 180-JDS�1 Redline.doc 101?52013 1 I:�8.�U1 12-13