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HomeMy WebLinkAboutOrd 2003-2891 ORDINANCE NO. 2891 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.24.180 UNDER CHAPTER 8.24 "SOLID WASTE AND LITTER" WHEREAS, everyone using solid waste disposal services must pay for the services rendered; and WHEREAS, if a person using solid waste disposal services does not pay for these services and his or her account becomes delinquent, certain means must be used to recover the amount in arrears and also discourage future delinquencies; and WHEREAS, an effective tool for recovering the monies owed on delinquent accounts is by filing a lien against the offending property, which allows the City to collect past due charges via the owner's next property tax bill and also restricts transfer or refinancing of the property until the debt is paid; and WHEREAS, the County may preclude the City from using its lien recordation system if certain amendments to the Municipal Code are not adopted NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 8.24.180 of the Chula Vista Municipal Code is amended to read as follows: 8.24.180 Payment of solid waste collection charges - penalty for delinquency. A. Payment obligation. The City Council finds and determines that the regular collection of Solid Waste, Yard Waste and Designated Recyclables and the disposal or processing thereof by the contract or franchise agent of the City from all places in the City is a part of the integrated solid waste management service to the premises from which 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 City or its contract or franchise agent, or shall comply with the provisions of this Chapter for an exemption from mandatory service as set forth in Section 8.24.180.H. No person that has not previously applied for and received an exemption shall willfully fail, neglect or refuse, after demand by the City or its contract or franchise agent to pay the service fees. B. Billing and payment. All Solid Waste service charges shall be billed upon a monthly or bi-monthly basis as determined by the City Council, and shall be due and payable by the owner/occupant at the time indicated in the billing statement. The City's solid waste contract or franchise agent will provide solid waste billing services, and subject to the provisions of this Chapter, be primarily responsible for the collection of payments. The due date for each class of generator shall be clearly indicated on the bill/invoice. If the due date falls on a Saturday, Sunday or legal holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be post-marked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8 a.m. and 5 p.m., Ordinance 2891 Page 2 Monday through Friday excluding holidays at the contract or franchise agent's Chula Vista office. C. Billing cycles, classifications and due dates. All Solid Waste service charges for Small Generators (residential dwellings and businesses with curb service) shall be billed bi-monthly in advance. The due date for Small Generator invoices shall be the last day of the bi-monthly billing cycle. Solid Waste service charges for Large Generators (residences and businesses with bin, compactor or roll-off service) shall be billed monthly in arrears. The due date for Large Generator invoices shall be 15 days after the last day of the monthly billing cycle. The cost of temporary services such as industrial roll-off boxes may be applied to the monthly or bi-monthly billing statements of existing customers, secured by a line of credit or paid for as "Cash On Delivery" (COD) as mutually agreed by the city contract or franchise agent and the customer. The City will direct the contract or franchise agent to deliver invoices to the Postal Service in a manner that will provide a customer no less than 15 days for delivery and payment of their invoice without penalty. 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 with the City Clerk and the City Conservation Co-ordinator 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 such rates by resolution, including the establishment of rates for different classifications of generators (residential, commercial, industrial or sub- classifications thereof) or types 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 final day falls on a Saturday, Sunday or legal holiday payment may be made without penalty on the next regular business day. If payments for Small Generator invoices have not been received by the City's contract or franchise agent ten days before the due date, the City's contract or franchise agent shall send notification ("First Warning") outlining potential late fees and penalties to the resident or business. 2. Late notice. In the event the owner or occupant of any premises or business shall be delinquent in payment of any part or all of the Solid Waste fees and the delinquency continues for a period often days after 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 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 indicate that the delinquent amount may be assessed as a lien and collected on the owner's property tax bill. Ordinance 2891 Page 3 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 10 percent of the charges owed or ten $10.00, whichever is greater. In addition, for each 30 days the delinquent bill remains unpaid the City or its contract or franchise agent may impose additional late/processing fees equal to 1¼ pement of the outstanding debt. In addition to any late fee(s) imposed pursuant to the paragraph above, if payment in full is received more than 15 days after the due date on the bill/invoice the City or its contract or franchise agent may charge an additional "restart fee" of $10.00. The City or its contract or franchise agent must at minimum send one bill/invoice at least ten days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty. 3. Final late notice. In the event that the owner or occupant of any premises or business is delinquent in payment of all or any part of the Solid Waste bill, other than for which they have applied for and received an exemption from the City, for a period of 90 days after the due date, of the invoice the City or its contract or franchise agent shall assign the delinquent account to the city for collection. Upon mutual agreement the city contract or franchise agent may assign delinquent accounts to the City before ninety days. At least ten days prior to assigning an account to the City for collection the city contract or franchise agent shall send a second notification ("Final Late Notice") to the owner. The notification shall include the total current amount due, a description of the potential penalties for delinquent amounts and a description of the potential lien process, the location where the bill may be paid in person during regular business hours and a self-addressed return envelope for payment by mail. 4. Final Notice of Delinquency. Upon assignment of the delinquent account to the City for collection, the delinquent charges, penalties and fees may be collected by the City: a. pursuant to a lien imposition and property tax bill process provided below; b. by suit in any court of competent jurisdiction: or c. any other manner permitted by law or equity at the City's discretion. Prior to setting a hearing to consider a lien the City will send notification ("Final Notice of Delinquency") to the property owner with a detailed description of the amount owed, penalty schedule, lien procedure and associated costs and administration fees. F. Lien process for solid waste services. 1. Lien process - generally. The entire amount due for Solid Waste services, including all penalties, interest, reasonable attorney's fees, and administrative fees that have accrued against the account plus any county fees for processing and collecting the lien (hereinafter collectively referred to as "Charges") shall be a charge on the property served and shall be a continuing lien upon the property served, the lien to become effective upon recordation of a Notice of Delinquent Solid Waste Service Charge (hereinafter "Notice of Delinquency"). Any Charges imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the Charges are levied. At any time after an account has become delinquent and a hearing has been held, the Finance Director may file for record in the office of Ordinance 2891 Page 4 the San Diego County Recorder, a Notice of Delinquency as to such property served, which notice shall state the amount of the Charges. The notice also shall contain the street address and assessors parcel number of the property served, the name of the record or reputed record owner of such property, and the name and address of the City or the name and address of the trustee authorized by the City to enforce the lien (if by non-judicial foreclosure as provided below). Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this section, the amount of the Charges shall be and become a lien upon the property served described therein. In the event the Charges are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the Finance Director shall record a further notice stating the satisfaction and release of such lien. Each lien may be foreclosed as and in the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to California Civil Code sections 2920 et seq. and 1367, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquency, or a trustee substituted pursuant to California Civil Code section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. A suit to recover a money judgment for Charges shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the city to collect Charges the prevailing party shall be entitled to recovery of its costs and reasonable attorney's fees. 2. Hearing and lien notice. When the full amount for said Solid Waste service charge is not paid within fifteen days after the Final Notice of Delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting which will be held at least seven calendar days after such fifteen-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least ten days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of heating, in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. 3. Delinquent accounts - hearing and assessment. The City Council shall consider said delinquent accounts at the time set for hearing together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the heating, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be Ordinance 2891 Page 5 recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 4. Delinquent accounts - administrative fee. All delinquent accounts that are not paid within ten days after the Final Delinquency Notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the Master Fee Schedule) shall be added to the amount due as collected by the City under Section E.3, above. G. Solid waste service deposits required when - amount. The City or its contract or franchise agent have the right to require deposits from the owner or occupant of any premises who has allowed his/her bill for Solid Waste service charge to become delinquent or who does not have an acceptable credit rating. Deposits shall be equal to the estimated amount of the Solid Waste service charges for two billing cycles, but in no event shall the deposit be less than twenty-five dollars. H. Request for exemption from fees - City approved exception. 1. Terms for an exemption. All exemptions and extensions will be granted for a period of not more than 180 days and shall be at the discretion of the Director of Public Works or his/her designee. Applicants which have been sited with a notice of violation or administrative citation and those that are late on sewer or Solid Waste fee payment within the past six months will not be qualified for an exemption. 2. Process for request. Requests for an exemption for mandatory solid waste services and payment shall be made on a form provided by the Director of Public Works. Requests on the required form shall be completed by the applicant and submitted to the City as outlined on the form at least five working days before the next applicable solid waste billing cycle. An extension of an approved exemption may be requested by submitting the request in writing at least ten days before the end of the current extension period. 3. Conditions of an approved application. Applicants shall agree to an inspection of their premises to verify compliance with solid waste diversion and pay an inspection fee to the Director of Public Works or his designee per exemption period of fifteen dollars. The inspection fee shall be waived if the premises are in compliance. If the premises are found to not be in compliance subsequent re-inspection fees shall also be charged. Failure to notify the City conservation coordinator or the City's contract or franchise agent in writing prior to re-occupying the premises or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for collection charges and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners and or their agents will be expected to maintain sanitary premises pursuant to Section 8.24.060 including but not limited to litter abatement, clean side walks and gutters, and yard waste recycling (as appropriate) throughout the exemption period. Ordinance 2891 Page 6 4. Special terms. Exemptions will not apply retroactively except as stated in a Class 1, vacancy exemption below. All exemptions requested by tenants shall also be signed by the property owner. a. Vacancy exemption for unoccupied premises. In the event that the premises are unoccupied and all water, sewer, electricity and gas are also disconnected, an owner or occupant of a residence or business may request a Vacancy Exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or county probate administrator may request a retro-active exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period. The request for service shall be made to the city contract or franchise agent at least two regular business days before the next regular collection service day. b. Self-haul. Occupant or tenants of premises may apply for an exemption from fees for all or part of the solid waste, yard waste and recycling services and remove or convey waste and/or recyclables for processing and disposal which they generate themselves. Such persons must provide weekly receipts for disposal at a state permitted landfill or transfer station and/or appropriate recycling facility at the end of each billing cycle or upon demand by the City or its contract or franchise agent. Persons provided an exemption are still subject to state mandated waste diversion goals and may not: (1) dispose of their waste in the waste receptacle of another generator in Chula Vista or another jurisdiction, in a park or street litter bin, (2) contract with a third party to remove and convey their waste, (3) bum their waste in their fireplace or other means, (4) dispose of designated recyclables, or otherwise improperly dispose of waste or recyclables as established in section 8.24.040, 8.24.045 and 8.24.050. A self-hauler exemption 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 exemption from all or part of the Solid Waste, Yard Waste and Recycling fees for 100 pement diversion (no disposal of any kind, anywhere). Such persons must provide a written description of their solid waste management plans to comply with the state mandated landfill diversion goal and the City's integrated solid waste management plan. d. Newly annexed areas. Property owners and occupants within an area newly annexed to the City, that was not currently using 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. If the owner or occupant was under a pre-existing 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. Ordinance 2891 Page 7 e. Franchisee's right to suspend service. The City contractor or franchise agent may suspend collection service and/or charges from a Large Generator for: i. Vacancy; ii. Delinquency of payment subsequent to implementation of Section 8.24.180.E; 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. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by Approved as to form by Robert W. Powell J/o~bfi M. Kaheny ~J Assistant City Manager CT~ty Attorney Ordinance 2891 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of January, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: McCann St~phet~Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2891 had its first reading at a regular meeting held on the 17th day of December, 2002 and its second reading and adoption at a regular meeting of said City Council held on the 7th day of January, 2003. Executed this 7th day of January, 2003. Susan Bigelow, City Clerk