The city council finds and determines that the costs of maintaining and operating the city-wide solid waste collection service should be charged directly to the users of such service and that such charges should be proportionate to the benefits received. The city council, in enacting the following solid waste service charge, is acting pursuant to the requirements of the California Public Resources Code Section 40000 et seq., and in accord with Articles XIII C and XIII D of the California Constitution.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1702, 6/25/2024)
Unless the context otherwise specifies or requires, the terms defined in this chapter shall be as follows:
"Commercial use"
means any property zoned and used for any residential or nonresidential, commercial, or business purposes or a lot or parcel of land improved with six or more residential units on it, including apartments, hotels, and motels.
"Industrial use"
means any property zoned or used for manufacturing or other industrial use.
"Owner"
means the legal owner of record.
"Residential unit"
means single-family dwellings, multiple family dwellings with five or fewer dwelling units, such as duplexes, triplexes designed for the residential use.
"Temporary bin/roll-off use"
means on-call solid waste handling services provided on an as needed and temporary basis, such as temporarily placed three-yard bins, temporarily placed forty-yard drop off boxes or temporarily placed ten cubic yard lowboy containers.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1702, 6/25/2024)
The maximum solid waste service charges shall be determined by resolution of the city council.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1702, 6/25/2024)
Any premises in the city for which the owner, property manager, tenant and/or person in charge or control of has applied for and received a self-hauler permit, as provided in Chapter 7.16 of this code, shall be granted an exemption from the provisions of this chapter and the owner shall be relieved of liability to pay the solid waste collection service charge for the premises that is the subject of the self-hauler permit.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1672 § 4, 2022; Ord. 1702, 6/25/2024)
Solid waste collection service for commercial, industrial, and temporary uses shall be provided by contract between the property owner or tenant and the company authorized by the city to provide solid waste collection service within the city. Each owner or tenant contracting for permanent or temporary solid waste collection services shall pay to the contractor a surcharge in the amount of ten percent of the gross price charged by the contractor for the solid waste collection service. Said surcharge shall be remitted by the contractor to the city.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1702, 6/25/2024)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter, and the city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions is declared invalid or unconstitutional.
(Ord. 714 § 1, 1972; Ord. 1343 § 1, 1998; Ord. 1362 § 1, 1999; Ord. 1702, 6/25/2024)