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HomeMy WebLinkAbout38.119 ORDL~ANCE NO. 38. 119 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 7 OF THE SARATOGA CITY CODE, RELATING TO GARBAGE DISPOSAL, TO PROVIDE FOR MANDATORY COLLECTION SERVICE, LIEN INITIATION AND RECORDING, COLLECTION OF DELINQUENT CHARGES AS SPECIAL ASSESSMENT AND ESTABLISHMENT OF INFRACTION OFFENSE FOR VIOLATION OF GARBAGE COLLECTION REQUIREMENTS The City Council of the City of Saratoga does ordain as follows: SECTION h Chapter 7 of the Saratoga City Code, consisting of Sections 7-1 through 7-13, inclusive, is hereby repealed in its entirety and a new Chapter 7 and Sections are hereby enacted to be numbered and entitled and to read as follows: "CHAPTER 7 GARBAGE DISPOSAL See. 7-1. Purpose of Chapter. This Chapter 7 is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Saratoga. Sec. 7-2. Definitions. For the purposes of this Chapter, the fallowing words and phrases shall have the meanings respectively ascribed to them by this section: Commercial Premises. All premises except residential premises. Delinquent. A failure of the recipient of garbage collection service, or of the owner, to pay when due all eharges owed to the garbage collector for garbage collection service rendered or to be rendered or made available. Director. The Director of Community Services and his or her duly authorized agents and representatives. Dwelling. A residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. Garbage. All kinds and classes of decomposable and nondecomposable solid, semi-solid and liquid waste material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and commercial or industrial waste products, but not including domestic sewage or hazardous wastes. -1- Garbage Collector. Any person who is authorized by the franchise agreement existing between him and the City, in accordance with Section 7-11 of this Chapter, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. Garbage Collection Service. The collection, transportation and disposal of garbage by an authorized garbage collector. Hazardous Wastes. Any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 17-7 of the Saratoga City Code for which a hazardous materials storage permit is required. Multiple-Unit Dwelling. Any premises, excluding a hotel, motel, or lodginghouse, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. Occupancy~ Occupied. A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. Owner. The holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided or made available. Premises. Any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. Residential Premises. Any single-unit dwelling or multiple-unit dwelling. Single-Unit Dwelling. One or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single- family residential zoning district, shall constitute a separate single- unit dwelling to which garbage collection service is provided or made available, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises. at commercial rates. Tenant. Any person or persons, other than the owner, occupying or in possession of a premises. See. 7-3. Mandatory Garbage Collection Service~ Owner Responsibility. The owner of each occupied residential or commercial premises shall subscribe to and pay for at least the minimum level of garbage collection service made -2- available to that premises by the Garbage Collector, as specified in the franchise agreement between the City and the Garbage Collector executed pursuant to Section 7-11 of this Chapter. The charges for garbage collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any garbage to be collected on any particular collection date during such occupancy. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for garbage collection service as provided herein. See. 7-4. Start of Garbage Collection Service. The owner or tenant shall start garbage collection service within ten (10) days after occupancy of a premises, or portion thereDf. In the event service is not initiated within such period of time, the Director may give written notice to the owner or tenant that garbage collection service is required. If service is not initiated by the owner or tenant within ten (10) days after the date of mailing the notice, the Director shall authorize the Garbage Collector to begin and continue providing the minimum level of garbage collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization. Sec. 7-5. Frequency of Disposal. No more than one week's accumulation of garbage shall be kept or permitted to remain upon any premises in the City. At least once a week, all garbage produced, kept, deposited, placed or accumulated within any premsies in the City shall be disposed of in accordance with the provisions of this Chapter. Sec. 7-6. Delivery to Garbage Collector. All garbage shall be disposed of by delivery to the Garbage Collector, or in the case of recyclable materials, by delivery to any recycle center operated by or under the auspices of the City. Each garbage container shall be located in such place as to be readily accessible for the removal and emptying of the contents of same by the Garbage Collector. Sec. 7-7. Garbage Containers. Garbage containers for residential premises shall not exceed thirty two (32) gallons capacity and shall not have a filled weight in excess of seventy (70) pounds. Garbage containers for commercial premises shall be provided by or approved by the Garbage Collector. All containers shall be kept in a sanitary condition, continuously closed with a tight fitting cover. See. 7-8. Inadequate Containers. If the Director shall find anal determine that additional or larger garbage containers are required due to the amount of garbage produced, kept, deposited, placed or accumulated upon any premises, the Director shall give written notice of such finding to the owner of the premises and such owner shall thereupon provide the additional or larger containers as specified in the notice. See. 7-9. Burning Solid Waste. No solid waste material may be burned upon any premises within the City, except as specifically authorized by a permit issued by the Bay Area Air Pollution Control District and as permitted by the chief of the fire district within which the premises is located. -3- See. 7-10. Public Property. No person shall deposit, accumulate, store or burn any type of garbage upon public streets, public parks or other public property, except for garbage produced incident to the authorized use of such public property which shall be deposited in garbage containers for pick up by the Garbage Collector. See. 7-11. Franchise Agreement for Garbage Collection Service. The City Council may by resolution award a franchise to any person the Council believes is qualified and equipped to perform garbage collection service. Such franchise agreement shall require the Garbage Collector to render service to all residential and commercial premises within the City in accordance with the provisions of this Chapter and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. The Garbage Collector shall be required to furnish a surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00), conditioned upon his faithful performance of the franchise agreement, to carry worker's compensation insurance, and to carry public liability and property damage insurance in form and amount as approved by the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this Chapter. See. 7-12. Charges for Garbage Collection Service. The City Council reserves the right to establish by resolution a schedule of rates and charges for all levels of garbage collection service to be rendered by the Garbage Collector, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the City and the Garbage Collector. See. 7-13. Failure to Pay For Garbage Collection Service. The Garbage Collector shall be entitled to payment from either the owner or the recipient of garbage collection service for any services rendered or to be rendered or made available. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedure set forth in Sections 7-14 through 7-26 of this Chapter. Garbage collection service shall not be discontinued by reason of any failure to pay the charges for such service. See. 7-14. Notification of Deliquency. If a bill for garbage collection service remains delinquent for thirty (30) days, the Garbage Collector shall be entitled to collect a late charge in such amount as approved by the City Council. The Garbage Collector may, at any time after such thirty (30) day period, send or deliver notice of delinquency to the owner indicating the amount owed for garbage collection service, the amount of late charge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises. The form of delinquency notice shall be approved by the Director. Sec. 7-15. Assignment of Delinquent Account. In the event the bill for garbage collection service together with any late charge thereon, is not paid within thirty (30) days after the date of mailing the notice of deliquency to the owner, the Garbage Collector may assign such bill to the City for collection through the initiation of lien and special assessment proceedings in accordance with this Chapter. The assignment shall include the name and address of the owner, the assessor's parcel number of the premises, the period of garbage collection service covered by the bill, the amount owed for such service, the amount -4- of any late charge and such other information as reasonably requested by the Director, together with a copy of the notice of delinquency mailed or delivered to the owner. See. 7-16. Lien Initiation. Upon the City's receipt of the assignment from the Garbage Collector, the Director shall prepare a report of delinquency and initiate proceedings to create a lien on the premises to which the garbage collection service was or will be rendered or made available. The Director shall fix a time, date and place for an administrative hearing by the Director to consider any objections or protests to his report. Such administrative hearings may be conducted four (4) times per year. See. 7-17. Notice of Hearings on Liens. The Director shall send written notice of the administrative hearing to the owner of the premises against which the lien will be imposed at least ten (10) days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the Director. A copy of the notice shall also be mailed to the Garbage Collector. Said notice shall set forth the amount of delinquent garbage collection service charges, the amount of any late charge thereon, and the possible lien and administrative charges as provided in Section 7-20 of this Chapter. Said notice shall also inform the owner of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the City Council, and advise the owner of his right to appear at both the administrative hearing and the public hearing to state .his objections to the report or the proposed lien. See. 7-18. Administrative Hearing on Liens. At the time and place fixed for the administrative hearing, the Director shall hear and consider any objections or protests to his report. The Director may correct or modify the report as he deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his decision. The Director shall thereupon submit a final report to the City Council for confirmation and shall furnish a copy of such report to the Garbage Collector. Sec. 7-19. Public Hearing on Liens. The City Council shall conduct a public hearing to consider the Director's final report at the time and place set forth in Notice described in Section 7- 17 of this Chapter. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or modify any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto, shall be final and conclusive. Seco 7-20. Recording of Lien. Upon confirmation by the City Council of the final report, {he Director shall cause to be recorded in the Office of the Recorder for Santa Clara County, a lien against each premises described in the report for the amount of delinquent 'garbage collection service charges and late charges as confirmed by the City Council. The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to Section 7-17 of this Chapter shall be notified by the Director that the -5- service charges, late charges and administrative charges are due and payable to the City and that said lien has been recorded. Sec. 7-21. Collection of Delinquent Charges as a Special Assessment. The Director shall initiate annual proceedings to levy as a special assessment against the premises described in the lien recorded pursuant to Section 7- 20 of this Chapter, the sum of delinquent garbage collection service charges, late charges and administrative charges, plus an assessment charge as established by resolution of the City Council. Sec. 7-22. Report of Delinquent Charges for Special Assessment. A report of delinquent charges shall be prepared by the Director and submitted to the City Council for confirmation. The report shall indicate all charges for which a lien has been recorded pursuant to Section 7-20 of this Chapter, which remain unpaid as of the date of the report. The Director shall fix a time, date and place for the conduct of a public hearing by the City Council to consider the report and any objections or protests thereto. Sec. 7-23. Notice of Public Hearing on Special Assessments. The Director shall send written notice of the public hearing to the owner of the premises against which the special assessment will be levied at least ten (10) days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the Director. A copy of the notice shall also be mailed to the Garbage Collector. The notice shall set forth the time, date and place of the public hearing and inform the owner of the City's intention to levy a special assessment against his property and his right to appear and state any objections or protests to such special assessment. Sec. 7-24. Public Hearing on Special Assessments. The City Council shall conduct a public hearing to consider the Director's report at the time and place set forth in the Notice described in Section 7- 23 of this Chapter. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or modify any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto, shall be final and conclusive. Sec. 7-25. Levy of Special Assessments. Upon confirmation by the City Council of the Director's report as rendered or modified, the delinquent charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for Santa Clara County with instructions to enter the delinquent charges as special assessments against the respective premises described in the Director's report. The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the owner. Sec. 7-26. Collection of Special Assessment. The special assessment shall be collected at the same time together -6- with and in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all delinquent charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. See. 7-27. Continuing Appropriation Account. There is hereby created in the General Fund a continuing appropriation account entitled "Payment of Delinquent Charges For Garbage Collection Service." This account shall be credited with such sums as may be appropriated by the City Council, all delinquent service charges, late charges and administrative charges collected by the Director, and all amounts remitted by the Tax Collector for Santa Clara County representing special assessments collected pursuant to Section 7-26 of this Chapter. The delinquent garbage collection service charges and late charges shall be disbursed from said account to the Garbage Collector promptly upon receipt of such payments. The administrative charges and assessment charges shall be retained by the City. See. 7-28. Recycle Centers. The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such centers. The City may contract with the same Garbage Collector awarded the franchise for garbage collection service or with any other party for the processing and tra. nsportation of the recyc]able material collected at a recycle center. The City Council may, from time to time by resolution or order, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center. See. 7-29. Unauthorized Garbage Collection. No person shall collect any garbage produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as Garbage Collector. See. 7-30. Interferring with Garbage Collection Service. No person shall, in any manner, interfere with the performance of garbage collection services being rendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized Garbage Collector.- Sec. 7-31. Unauthorized Use of Garbage Collection Service. No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the Garbage Collector, any garbage produced from another premises where such action results in the avoidance or reduction of any garbage collection service charges that would otherwise be payable for collection of such garbage from the premises at which it was produced. Sec. 7-32. Infraction Offense. The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, -7- subject to the penalties as prescribed in Chapter 2.5 of the Saratoga City Code." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 20th day of Jua~e ., 1984, by the following vote: AYES: Councilmembers Cl~enger, Moyles and Mayor Fanelli NOES: None ABSTAIN: Councilmember Hlava , . _ DEPUTY CLERK OF THE CITY~ OF SARATOGA The above and fore~ i g is a true and correct copy of Ordinance ~,,I/~1 which has been published according to law. Deputy City / Date -8-