HomeMy WebLinkAboutOrd 2013-3281 ORDiI�'ANCE NO. 3281
ORDII�'ANCE OF THE CITY OF CHULA VISTA AMENDII�'G
MUi�'ICIPAL CODE SECTION 8.24.180 — PAYMENT OF
SOLID VIASTE COLLECTION CHARGES
R'HEREAS. the contract ���ith the Cin�'s franchise hauler provides for the lo«�est service
rates in San Diego County for Small Quantity Generators; and
WHEREAS; the ��ariet�� of solid waste sen�ice rates provides a method for ratepayers to
control their future rates and encouraees participation in waste reduction and di��ersion services
to help meet the State of Califomia em�ironmental mandates; and
�VHEREAS, the convact provides for the reduc[ion or elimination of illegal disposal and
litter problems through free services such as bulhv item pickup for single-family homes, landfill
passes and �-azd ���aste passes; and
WHEREAS, per ChUla Vista Municipal Code (`CVn4C") Section 8.24.180 Pa}�ment of
solid ti�aste collection charees - all o��mers and occupants of a premises within the cit}� shall be
responsible for pa}�ine the monthly collection service rate; and
WHEREAS; CVMC Section 8.24.180.D. provides that a �`complete schedule of
ma�imum rates shall be kept on file �+ith the cin- clerk and the citv consen�ation coordinator,"
and the City Clerk's office is the appropriate location for this document to be maintained; and
\'�'HEREAS, CVMC Section 8.24.180.E. requires that a "first waming ' be issued to a
resident or business if payment has not been made 10 days before the due date, which
requirement has caused confusion to recipients and has not been beneficial to timelv pa��ment of
in��oices: and
WHEREAS, rate-payers may request an exemption from mandatory service by follo�aine
the process as outlined in CVMC Section 8.24.180.H; and
l�'HEREAS; the esemption process, as currently administered, im�oh�es the revieH� of
both the franchise hauler and the Cit}� of Chula Vista. tal:ine se��eral �i�eeks to accomplish; and
WHEREAS, City staff recommends that the e�emption process be modified so that
exemptions can be processed more efficiendv, �tihile still retainine ultimate decision-mal:ine
authoritti� to the Cit��: and
WHEREAS. Cit�� staff recommends that the Citv Council amend CVMC Section
8.24.180 to address the issues described above.
NOW. THEREFORE. the Cin� Council of the Cit�� of Chula Vista does ordain as follows:
Ordinance No. 3281
Paee 2
Section I.
Chula Vista Municipal Code Section 8.24.180, entitled "Pa}�ment of Solid R'aste
Collection Charges," is amended to read as follows:
8.24.180 Payment of solid ���aste collection charges—Penalty for delinquency.
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 w�ith 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
franchise agent. Subject to the terms of the then-in-effect contract or franchise, the
council may from time to time establish sudi 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
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 payment in
full is not received by the close of business or postmarked before midnight of the due date
as shown on the bill. However, when the fina] day falls on a Saturday, Sunda}� or legal
holiday, payment may be made �vithout penalty on the next regular business day. 2. Late
Notice. In the event the o��mer 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 ]0 days afrer the due date shown on the bill, the city's contract or franchise agent shall
send notification ("late notice `) to the owner and occupant informing both of the amount
o��ed 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 include the potential
delinquency amount to be assessed as a lien and collected on the o�mer's property tax bill.
If payment in full is not received by the due date on the bill/invoice, the city or its contract
or franchise agent may impose a one-time late/processing fee equal to ]0 percent of the
charges o�+�ed for Large Quantity Generators or $]0.00 for Small Quantity Generators. In
addition, for each 30 days the delinquent bill remains unpaid, the city or its contract or
franchise aeent may 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 im�oice due
date; the city contract or franchise agent 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 francliise 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 owner or occupant prior to assessing a penalty.
Ordinance 3281
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H. Request for Exemption from Fees—Ciri�-Approved Exception.
1. Duration of Exemption. All exemptions and e�tensions granted nill be for a period of
not more than 180 da��s. Applicants that have been cited with a notice of violation or
administrative citation and those that ha��e been late on solid ��aste fee pa��ments �vithin the
past sis months �i�ll not be qualified for an esemption.
2. Process for Mal:ing Request. Requests for an exemption from mandatory solid waste
ser��ices shall be made on a form pro��ided b�� the city. Requests on the required form shall
be completed b}� the applicant and submitted to the citv or its contract or franchise agent, as
outlined on the form. An exemption request ���ill onl�� be considered if the applicant
demonstrates that it meets one of the bases set fonh in sections H.4.a.-d., belo�v.
3. Conditions of an Approved Application. Applicants shall asree to an inspection of their
premises to verify compliance ���ith solid ���aste diversion. Failure to notify the city or the
cih�'s contract or franchise aeent in �vriting prior to reoccup}�ine the premises. or othenvise
altering compliance �i�ith the e�emption conditions: shall constitute delinquenc�� of
payment for collection chazees, and charges and penalties shall be retroactive to the first
day of the exemption period. In all cases. propert}� o��roers and/or their aeents ���ill be
espected to maintain sanitarv premises pursuant to CVMC 8.24.060 including; but not
limited to, litter abatement; clean side���alks and gutters. and yard ���aste recydine (as
appropriate), throughout the esemption period.
4. Bases for Granting Exemption, and Special Terms. Esemptions �vill not appl}�
retroactively except as stated in subsection a.; belo�v (��acancy exemption). All e�emptions
requested by tenants shall also be signed b�- the propem o��ner. An eaemption will only be
granted if the cit}� or its contractor or franchise agent determines that the exemption request
mee[s the criteria of a., b.. c., or d., belo���. The cit�� retains the rieht to re��ie«� and modif��
anv decision made b�� the contractor or franchise aeent. y
a. Vacanc�� Exemption for Unoccupied Premises. In the event that the premises are
unoccupied and all ���ater, se�aer, electricity and eas aze also disconnected or in [he
case of militaq� deployment of all occupants; an o«ner or occupant of a residence or
business ma}� request a vacancy exemption. Should the premises be unoccupied due to
a death or similar hardship, the e�ecutor, beneficiarv or county probate administrator
mav request a retroactive exemption. [t is the responsibilin� of the occupant andlor the
propert�� otimer to cancel an exemption For ��acanc}� and restart sen�ice if the propem�
is to be occupied before the end of the e�emption period.
b. Self-Haul. Occupant or tenants of premises mav apply for an evemption from fees
for all or part of the solid H�aste. }�ard ���aste and recvcling ser��ices and remo�e or
convey �i�aste and/or recyclables for processing and disposal �i�hich thev eenerate
themsel��es. Such persons must pro��ide ���eel:l�� receipts for disposal at a state-
permitted landfill or transfer sta[ion and/or appropriate recycling facility at the end of
each billine cycle or upon demand b}� the citv or its contract or franchise agent.
Ordinance No. 3281
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Persons provided an exemption are still subject to state-mandated waste diversion
goals and ma�� not: (1) dispose of their waste in the H�aste receptade of another
eenerator in Chula Vista or another jurisdiction, or in a park or street litter bin, (2)
contract ��ith a third party to remove and convey their waste, (3) bum their waste in
their fireplace or by other means; (4) dispose of designated recyclables, or otheni-ise
improperly dispose of waste or recyclables as established in CVMC 8.24.040;
8?4.04� and 8.24.050. A self-hauler exemption is not a permit to haul waste
generated b}� a second party.
c. Source Reduction, Rec}cling and Composting Exemption. The occupando��-ner of
any premises may apply for an exemption from all or part of the solid waste, yard
�i�aste and recycling fees for 100 percent diversion (no disposal of any kind,
any��here). Such persons must provide a written description of their solid ���aste
management plans, to comply ���ith the state-mandated landfill diversion goal and the
city's integrated solid waste management plan.
d. Property owners and occupants within an area newly annexed to the city that was
not currently using the citys 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. If the owner or occupant was under a preesisting
franchise agreement with a private refuse collection service other than the city's
contract or franchise agent. they may remain with that sen�ice to the extent required
by law until the end of the agreement period, less any estensions in that agreement,
for a period not to exceed 180 days.
e. The city or its contractor or franchise agent may suspend collection sen�ice and/or
charges from a large quantity generator for:
i. Vacancy;
ii. Delinquency of payment subsequent to implementation of subsection (E)
of this section: or
iii. Mutual aereement 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. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be in��alid; unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not afYect the validity or enforceability uf the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby dedares that it ���ould have adopted each section, sentence, clause or phrase
of this Ordinance; irrespective of the fact that an}' one or more other sections; sentences, clauses
or phrases of the Ordinance be dedared im�alid; unenforceable or unconstitutional.
Ordinance 3281
Paee �
Section III. Construction
The City Council of the Citv of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict. applicable state and federal la�v and this Ordinance shall be construed in
lisht of that intent.
Section IV. Effecti��e Date
This Ordinance shall tal:e effect and be in force on the thirtieth day afrer its final passage.
Section V. Publication
The Citv Clerk shall certifi� to the passaee and adoption of this Ordinance and shall cause
the same to be published or posted accordin� to la��.
Presented by Appro��ed as to form by
� �
/
Ri ard A. op 's G en R. Gooeins ' �
Director of Public V1 rks Ci -t1 Attome�� �
��
Ordinance No. 3281
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the Cit�- of Chula Vista,
Califomia, this 19th dav ofNovember 2013, bv the following vote:
AYES: Councilmembers: Aguilar, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
Cheryl Cox, Mayor
ATTEST:
Gc,� � NO,s,t._c
Donna R. Nor�CMC, City Clerk
STATE OF CALIFORNIA )
COLTNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby ceriify that the foregoing
Ordinance No. 3281 had its first reading at a regular meeting held on the Sth day of I�'ovember
2013 and its second reading and adoption at a regular meeting of said City Council held on the
19th day of November 2013; and was duly published in summary form in accordance with the
requirements of state la��� and the City Charter.
3 �.�- � ��
Dated Donna R. N�C, City Clerk