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HomeMy WebLinkAbout71.6 ORDINANCE NO. 71.6 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 7-05 IN CHAPTER 7 OF THE CITY CODE, RELATING TO GARBAGE DISPOSAL, TO REPEAL THE MANDATORY REQUIREMENT FOR GARBAGE COLLECTION SERVICE AND TO IMPOSE THE REQUIREMENT FOR A SECURITY DEPOSIT UPON THE COMMENCEMENT OR REINSTATEMENT OF SERVICE The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 7-05.030 in Article 7-05 is amended to read as follows: "S7-05.030 Mandatory garbage collection services; owner responsibility (a) 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 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 7-05.110. 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. (b) The mandatory requirement for garbage collection service set forth in Paragraph (a) of this Section, shall apply only with respect to garbage collection services rendered or made available by the Garbage Collector prior to September 1, 1986. From and after said date, subscription to garbage collection services rendered or made available by the Garbage Colleetor shall be at the option of the owner or occupant of the premises, except that such owner or oecupant shall still remain subject to the provisions of this Article concerning the accumulation and disposal of garbage." -1- SECTION 2: Section 7-05.040 in Article 7-05 is hereby repealed. SECTION 3: Section 7-05.060 in Article 7-05 is amended to read as follows: "~7-05.060 Method of garbage dispt~je] 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, or disposed of in such other manner acceptable to the City. Each container of garbage to be delivered to the Garbage Collector 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." SECTION 4: Section 7-05.070 in Article 7-05 is amended to read as follows: '57-05.070 Garbage eontainers (a) All garbage containers shall be kept in a sanitary condition, continuously closed with a tight fitting cover. (b) Garbage containers for residential premises being serviced by the Garbage Collector shall not exceed thirty- two gallons capacity and shall not have a filled weight in excess of seventy pounds. Garbage containers for commercial premises being ' serviced by the Garbage Collector shall be provided by or approved by the Garbage Collector." SECTION 5: Section 7-05.130 in Article 7-05 is amended to read as follows: 'S?-05.130 Failure to pay for gartmge eolleeUon 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 for services rendered or made available prior to June 1, 1986, the means of collecting delinquent charges shall be in accordance with the procedure set forth in Sections 7-05.140 through 7-05.270 of this Article. Upon failure to make such payment for services rendered from and after June 1, 1986, the Garbage Collector may terminate service in accordance with Section 7-05.272 of this Article. If a bill for garbage collection service remains delinquent for thirty days, the Garbage Collector shall be entitled to collect a late charge in such amount as approved by the City Council." -2- SECTION 6: Section 7-05.140 in Article 7-05 is amended to read as follows: "S7-05.140 Notification of delinquency If a bill for garbage collection service rendered or made available prior to June 1, 1986 remains delinquent for thirty days, the Garbage Collector may, at any time after such thirty 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." 81~CTIOI~ 7: Section 7-05.150 in Article 7-05 is amended to read as follows: "S7-05.150 Assignment of delinquent account In the event the bill for garbage collection service rendered or made available prior to June 1, 1986, together with any late charge thereon, is not paid within thirty days after the date of mailing the notice of delinquency to the owner as described in Section 7-05.140, 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 Article. The assignment shall incude the name and address of the owner, the period of garbage collection service covered by the bill, the amount owed for such service, the amount 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." SECTION 8: Section 7-05.160 in Article 7-05 is amended to read as follows: nS7"05.160 Lien initiation Upon the City's receipt of the assignment from the Garbage Collector pursuant to Section 7-05.150, 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 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 times per year." SECTION 9: A new Section 7-05.271, entitled "Security deposit," is hereby added to Article 7-05, to read as follows: -3- -S7-05.271 Security deposit (a) From and after September 1, 1986, the Garbage Collector shall not be obligated to commence garbage collection service for a new customer or account, or reinstate garbage collection service upon payment of a delinquent account, until the Garbage Collector has received from the customer a security deposit in an amount equal to the charges that will accrue during a single quarterly billing cycle for the type and level of service requested by the customer, based upon the rates and charges established by the Garbage Collector and approved by the City as of the time the security deposit is collected. (h) Upon any nonpayment of garbage collection charges by a customer from whom a security deposit has been collected, the Garbage Collector may apply such deposit toward payment of the delinquent charges. The Garbage Collector shall thereupon give written notice of such action to the customer which shall include a demand for the security deposit, or such portion thereof as may have been utilized for payment of the delinquent charges, to be restored to its original amount within fifteen days from delivery of the notice. If the customer fails to restore the security deposit within the time prescribed in the notice, the Garbage Collector may terminate the garbage collection service for such customer pursuant to Section 7-05.272 of this Article. (c) The security deposit collected pursuant to this Section shall be refunded, without interest, to the customer or the person legally entitled thereto under either of the following circumstances: (1) Cancellation of garbage collection service by the customer, with all charges owed to the Garbage Collector for services rendered to the date of cancellation having been paid in full; or (2) The expiration of one year from the date the security deposit was collected if, during such year, no delinquency has occurred in payment of the charges owed to the Garbage Collector." SECTION 10: A new Section 7-05.272, entitled "Termination and reinstatement of garbage collection service," is hereby added to Article 7-05, to read as follows: "7-05.272 Termination and reinstatement of garbage collection service (a) The Garbage Collector may terminate garbage collection service in the event any charges owed to the -4- Garbage Collector for services rendered or to be rendered from and after June 1, 1986 are not paid within thirty days after the same become due. At least fifteen days prior written notice of termination shall be given by the Garbage Collector to the customer shown on its books and records. (b) The customer whose garbage collection service has been terminated pursuant to Paragraph (a) of this Section may reinstate such service by payment to the Garbage Collector of all delinquent charges and late charges thereon owed by such customer, plus a reinstatement fee in an amount specified in the franchise agreement between the Garbage Collector and the City. Such payment shall be accompanied by a security deposit to be held by the Garbage Collector, as provided in Section 7-05.271 of this Article. (c) The Garbage Collector shall not terminate or refuse to provide garbage collection service rendered or to be rendered for any premises unless the customer utilizing or requesting the service is the same customer who has failed to pay the delinquent charges constituting the basis for the termination or refusal to provide service." SECTION lh 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 be held invalid or unconstitutional. SECTION 12: This Ordinance shall be in full force and effect thirty 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 this 17th day of Sep~_~_mbex , 1986, by the following vote: AYES: Councilmembers Anderson, Clevenger, MDyleS, PetersOn, and Mayor Hlava NOES: None ABSENtone ABSTAIN: None ATTEST: . which has been CITY CLERK pu~he~daCc~ing tO law. //~/q '5- Deputy City Clef Date