HomeMy WebLinkAbout2013/11/19 Item 06 �
---�ECOND REA�ING AN� ��PT10N
ORDI\A?��CE \�0.
ORDI�T.4��CE OF THE CTTY' OF CHtJLA VISTA A���fE\�I.\�G
?�7U;�'1CIP.AL CODE SECTIO\ 8?A.180 — PAl'��tENT OF
SOLID tV,45TE COLLECTIO�' CHARGES
�l�-IEREAS; the contract ��ith the Cin��s franchise hauler provides for the lo�vzst sen�ice
rates in San Diego Countv for Small Quantin Gene;ators; and
R'HEREAS, the variet�� of solid �t�aste sen�ice rates provides a method for ratepayers to
control their future rates and encouraees panicipation in ���aste reduction and di�=ersion sen•ices
to help meet the State of Califomia en�•ironmental mandates; and
NHEREAS, the contract provides for the reduction or elimination of illeeal disposal and
liner problems throu�h free services such as bul}.�- item pickup for s'sn�le-famil�� homes; landfill
passes and ��ard �ti�aste passes; and
\VHEREAS, per Chula \%ista A4unicipal Code (`CVA9C") Section 5.2=�.150 Pa��nent of
solid �ezste collection eharses - all o��mers and occupants of a premises ���ithin the cin� shall be
responsible for papine the monthl�• collection sen�ice rate; and
\VI-IEREAS, CVMC Section 3.24.180.D. pro��ides that a "complete schedule of
ma�imu,�n rates shall be kept on file �ti�ith the cirv clerk and the cin� conser�racion coordinator_`
and the Cin� Clerk`s office is the appropriate location for this document to be maintained; and
�l'HEREAS, CV\QC Section 8.2�.1 SO.E. requires that.a `�first wamine° be issued to a
resident or business if pa�7nent has not been made 10 da��s before the due date, ��-hich
requirement has caused confusion to recipienu and has not been beneficial to timely pa�-ment of
invoices; and I
A'I-IEREAS; ratepayers ma�� request an exemption from mandator}� senice b� follo�3ine
the process as outlined in CVMC Section 8.24.130.H; and
- \l%HEREAS; the exemption process; as currenth� administered; imohes the revie�� of
both the franchise hauler and the Cit�� of Chula Vista; tal:ins se��eral u�eeks to accomplish;
\VHEREAS; Ciry staff recommends that the e�emption process be modified so that
exemptions can be processed more efficiend��, ���hile still retainin2 ultimate decision-making
authorirv to the Ci���: and
\�'}-IERE.4S, Citq staff ;ecommends that the Cin� Council amend CV�4C Section
5.2�.180 to address the issues described abo��e.
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NO«� THEREFORE the City Council of the Cit; of Chula Vista does ordain as follo���s:
Section I.
Chula Vista A4unicipal Code Section 8.24.180, entitled " Payment of Solid Vlaste
Collection Charses," is amended to read as follo�a�s:
8.2�.180 Pa��ment of solid ���aste collection charRes— Peualh� for delinquenc}�.
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D. Service Rates. The contract or franchise agent shall set service rates subject to a
maximum rate established by the city council. A complete schedule of maximum rates
shall be kept on file �i�ith the city clerk and is available for public revieH�. 1�4a�imum
rates ma;� be subject to increase pursuant to the terms of the city`s contract or franchise
w�ith the contract or franchise 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 thereo� or types of materials eenerated;
including preferential or discounted rates for senior citizens or ]o���-income families or
other classifications ���hich are deemed to be in the public interest.
E. Penalties for Delinquency —T'otification.
l. Delinquent Accounts — Generally. A bill shall be considered delinquent if pa}�ment in
full is not recei��ed by the close of business or postmarked before midnight of the due date
as sho„�n on the bill. Ho���e��er; ��.�hen the final day falls on a Satwday, Sunday or legal
holidav, payment may be made ti�ithout penalty on the next regulaz business day. 2. Late
Notice. ln the e��ent the o�+�ner or occupant of any pretnises or business shall be delinquent
in payment of an}� part or al] of the solid ���aste fees and delinquency continues for a period
of 10 da��s afier the due date sho���n on the bill, the city's contract or franchise asent shall
send notificatio�i (`late notice") to ti�e o�mer and occupant informing both of the amount
o���ed and the schedule of penalties and costs accrued at each stage of delinquency as
defined belo���. The notification ro the owner shall be mailed to the name and address
listed on the last a��ailable property tax assessment ro]l and shall include the potential
delinquency amount to be assessed as a lien and collected on the owmer`s property taa bill.
If payment in full is not received by the due date on the bil]/invoice, the city or its conVaci
or franchise agent may impose a one-time late/processing fee equal to 10 percent of the
chazges o�red for Large Quantity Generators or S 10.00 for Small Quantity Generators. In
addition; for each 30 da}�s the delinquent bill remains unpaid, the city or its contract or
franchise a�ent may impose additional late/processing fees equal to one and one-half
percent of the outstandinL debt. If the bill is not paid within 15 days of the im�oice due
date, the city contract or franchise agei�t may charge an additional restart fee of $]0.00.
(The penalties and restart fee are designated for administrative convenience only in the
master fee schedule.) 7he city or its contract or franchise agent must at minimum send one
bill/im�oice at ]east 10 da��s before the due date and one notification letter by first class
mai] to the o�+�ner or occupant prior to assessing a penalty.
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H. Request for Exemption from Fees— Citv-Appro�ed Eaception.
1. Duration of Exemption. All exemptions and extensions oranted ��rill be for a period of
not more than I SO da�•s . Applicants that ha��e been cited �tiith a notice of �iolatioa or
adminisvati�e citation and those that ha�e been late on solid u�aste fee pa}�ments ��ithin
the past si� months ���ill not be qualified for an exemption.
2. Process for A4akinQ Request. Requests for an exemption from mandator�� solid �ti•aste
sen�ices shall be made on a form pro�ided b� the cirv. Requesu on the required form shai]
be completed b�� the applicant and submined to the cit�� or its convact or franchise aeent, as
outlined on the form. .An exempuon request «ili onh� be considered if the applicant
demonstrates that it meets one of the bases set forth in sections H.4.a.-d.. bzlo���.
3. Conditions of an .Approved .4pplication. Applicants shall agree to an inspection of their
premises to ��erify compliance ��ith solid ���aste di�ersion. Failure to notif�� the city or the
cin'`s contract or franchise aeent in ��riting prior to reoccup��ing tbe premises, or othen<<ise
alterin� compliance ��ith the esemptioa conditions, shall constitute delinquenc}� of
pa��nent for collection charees, and chazaes and penalties shal] be retroactive to the first
day of the eaemption period. ln all cases, propem o���ners and/or their agents ���I) be
expected to maintain sanitan� premises pursuant to CV?�4C 8?3.060 including, but not
limited to; liner abatement, clean side�ralks and gutters; and yazd �ti�aste rec��cling (as
appropriate): throu�hout the e�emption period.
4. Bases for Gtantina Eaemption, and Speciai Terms. Exemptions ���Il not appl�
reuoacti��eh� escept as stated in subsection a.; belo« ( ��acancv e�emption). All exemptions
requested b�� tenants shall also be si�ned by the propem� o��ner. An exemption ���II onl�� be
eranted if the city or its contractor or franchise aeent determines that the esemption request
meeu the criteria of a.; b., c., or d., belo���. T�e cirv retains the rieht to re��ie�� and modif��
anv decision made by the contractor or franchise aeent. -
a. Vacancv Exemption for Unoccupied Premises. In the e��ent that the premises are
unoccupied and all ���atec se���er; electricity and gas aze also disconnected or in the
case of militaran� deplo}�ment of all occupants; a� o��ner or occupant of a residence or
business mav request a �acancy exemption. Should the premises be unoccupied due to
a death or similar hardship, the executor, beneficiar�� or counro probate administrator
map request a retroactive esemptioa It is the responsibilin� of the occupant and/or Lhe
propert�� o��rer to cancel an e�emption for ��acancy and restart seraice if the propem�
is to be occupied before the end of the esemption period.
b. Self-Haul. Occupant or tenants of premises ma}� appl}• for an eaemption from fees
for all or pan of the solid waste, yard µ'aste and recycline ser��ices and remo�e or
com�ev �vaste and/or recvclables for processin� and disposal �ifiich they senerate
themsel��es. Such persons must pro��ide ��eekly receipts for disposal at a state-
permined landfill or transfer station and/or appropriate rec}�clins facility at �he end of
each billina c�'cle or upon demand b�� the city or its contract or franchise agent.
Persons pro�•ided an exemption are still subject co state-mandated �t=aste di��ersion
Qoals and mav not: (1) dispose of their �vaste in the ���aste receptacle of another
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eenerator in Chula \%ista or another jurisdiction, or in a park or street litter bin; (2)
contract ���ith a third part}� to remo��e and conve}� their �3�aste; (3) bum their ���aste in
their fireplace or by other means; (4) dispose of desienated recyciables, or othen�.�ise
improperly dispose of ��aste or recyclables as established in CVMC 824.040:
8.24.04� and 5.24.0�0. A self-hauler exemption is not a perrrtit to haul �+�aste
generated by a second party.
c. Source Reductioa, Rec��clin� and Composting Exemption. The occupandoti�ner of
any premises may apply for an exemption from all or part of the solid H�aste, ��ard
���aste and recycling fees for 100 percent diversion (no disposal of any kind;
anywhere). Such persons must provide a �i�ritten descripiion of their solid ���aste
mana�ement plans; to comply with the state-mandated landfill diversion goal and the
cit}�'s inte�rated solid ��.�aste management plan.
d. Propert}� o��ners and occupanls ��ithin an area ne���ly anne�ed ro the cih= that ���as
not currently usin� the cit��'s contract or franchise agent may use the service of a
pri��ate refuse collection service other than the city's franchise aeent for a period not
to exceed one billine cycle. If the owner or occupant �aas under a preexistin�
franchise agreement �+�ith a private refuse collection sen�ice other than the city`s
contract or franchise agent, they may remain with that sen�ice to the extent required
by law unti] the end of the agrzement period, less any extensions in that agreement;
for a period not to erceed 180 days.
e. The city or its contractor or franchise agent may suspend coltection senice and/or
charges from a laree quantity generator for:
i. Vacanc;;
ii. Delinquenc�� of payment subsequent to implementation of subsection (E)
of this section: or
iii. A9utual agreement by the City and contract or franchise agent. The contractor
shal] notify the City quarterly of all suspended accounts that did not result in
payment.
Section ]I. Sc��crabilit}'
If any portion of ti�is 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; unenforceability or
unconstitutionality shall not affect the validit�� or enforceability of the remaining portions of the
Ordinance, or its application to ai�y other person or circumstance. The City Council of the Cit�� of
Chula Vista hereby dedares that it ��ould 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. Consfruction
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The City Council of the Cir� of Chula \�ista intends this Ordinance to supplement, not to
duplicate or convadict; applicable state and federal la.i� and this Ordinance shall be cons[rued in
liEht of that intent.
Section I��. Effecti��e Date
This Ordinance shall tal:e effect and be in force on the thinieth da�� after its fina] passa�e.
Section V. Publication
The Cit�� Clerk shall cenifi� to the passaQe and adoption of this Ordinance and shall cause
the same to be published or posted accordino to la���.
Presented By: Approved asto form.b�:
� A1 \ �
Rick Hop}:ins Gl .� o rm�
Director of Public �Vorks ��1�C�ih� Anomen�
v�
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