For the collection services of solid waste, recyclable material,
or organic waste, as provided in this chapter, and for the making
available of such services, there shall be charged to each Single-Family
residence, each residential unit in every multiple dwelling, exclusive
of hotels, each trailer park and each Place of Business and hotel,
the sums necessary to cover the costs of such collection and the providing
of such services, as such sums may be determined from time to time
by written resolution of the city council.
(Ord. No. 2021-15, § 3, 12-15-21)
All charges provided by this chapter shall be fair and reasonable
considering the services rendered and the cost to the city for providing
and maintaining the services described and required by this chapter.
(Ord. No. 2021-15, § 3, 12-15-21)
The obligation to pay the charges provided in this chapter shall
be upon the person or persons in whose name the water and/or sewer
service is registered for each place of residence or business so served.
(Ord. No. 2021-15, § 3, 12-15-21)
The charges referred to in this chapter, as determined by written
resolution of the city council, may be entered upon the water and/or
sewer bills rendered by the city and shall be paid at the same time
and place such water and/or sewer bills are paid.
(Ord. No. 2021-15, § 3, 12-15-21)
Any occupant of any single-family residence or residential unit
in any multiple dwelling, who does not receive water service from
the city, or any place of business or hotel located within the city
which does not receive such service, shall pay the sums so determined
by the city council by written resolution directly to the person having
a contract with the city for the collection and disposal of solid
waste, recyclable material, or organic waste.
(Ord. No. 2021-15, § 3, 12-15-21)
(a) The
accumulation of solid waste, recyclable materials, organic waste,
and other refuse constitutes a menace to the health, welfare and safety
of inhabitants of the city, and the orderly and regular collection
of solid waste, recyclable materials, organic waste, and other refuse
is necessary to prevent the spread of disease, the creation of health
menace and fire hazards, and to further the use of reusable resources.
(b) The
city council finds and determines that the periodic collection of
solid waste, recyclable materials, and organic waste as provided herein,
from all residences and places of business in the city benefits all
occupants of property within the city; therefore, all occupants shall
dispose of solid waste, recyclable materials, and organic waste through
the regular collection service, or recycling service, or a provider
permitted by this chapter and shall be liable for the payment to the
city, or to the contractor or franchisee, of solid waste, recyclable
materials, and organic waste collection charges including charges
for contracted or franchised recycling services as may from time to
time be approved by the city council.
(c) Every
occupant of the city shall be billed periodically for the charges
established pursuant to this chapter. Should any person fail, refuse,
or neglect to pay such bill within 30 days after the day that the
same is rendered, then a penalty equal to 10% of the amount of the
bill may be added to the bill and the sum, together with any costs
incurred by the contractor or franchisee, may be recovered by the
contractor or franchisee, as permitted by law.
(d) Should
the occupant of any property fail or refuse to pay the charge established
in accordance with the provisions of this chapter, then the contractor
or franchisee shall advise the city manager of such refusal. The failure
to pay may, except for the provisions hereof, result in the non-collection
of solid waste, recyclable materials, and organic waste, which condition
the city council determines and declares to be a threat to the public
health, safety, and welfare, and which condition is declared to be,
if permitted to exist, a public nuisance. In the event that there
is nonpayment, the city manager shall direct the contractor or franchisee
to make collection, and the expenses and charges of collection, including
penalties, may be assessed against the property as provided by law
or otherwise collected by the city. The contractor or franchisee shall
continue to collect solid waste, recyclable materials, and organic
waste when directed to do so by the city manager even though there
is nonpayment.
(e) All
costs incurred by the city and paid by the city to the contractor
or franchisee shall be recoverable by the city and charged against
the property from which the solid waste, recyclable materials, and
organic waste was collected. The city manager shall notify all parties
concerned of the cost of any such collection by directing a letter
to the occupant of the property at the address shown on the latest
tax roll. Any such notice shall be given 10 days prior to a public
hearing and city council shall review and approve an assessment against
the property for the costs incurred in abating the public nuisance.
If the total assessment determined and confirmed by the city council
is not paid within 10 days after the determination by the city council,
then there shall be recorded in the office of the city recorder a
statement of the total balance due, together with the legal description
of the property affected. From and after the date of such recording,
the balance due shall be a special assessment against the parcel plus
a any administrative fees. The assessment shall be collected at the
same time and in the same manner as county taxes are collected, and
shall be subject to the same penalties and to the same procedure and
sale in case of delinquency as provided for ordinary county taxes.
All laws applicable to the levy, collection and enforcement of county
taxes shall be applicable to such special assessment.
(Ord. No. 2021-15, § 3, 12-15-21)
Any occupant of any premises, residential, commercial, industrial
or otherwise, which has been billed for additional solid waste, recyclable
materials, or organic waste collection service for his place of residence
or business, and which persons desire to contest the extent or degree
of reasonableness of the charge billed, shall make payment of such
charges under protest and, at the same time, file a written statement
of such protest with the city manager. Within 30 days after the date
of filing, the city manager shall notify the protesting occupancy
of the findings and adjudication and adjustment in the matter. The
decision of the city manager may be appealed by any person upon submittal
of any required appeal fees, in which event such appeal shall be directed
to the city council whose determination, in regular meeting, shall
be final. The appeal fee shall be refunded to the protesting occupant
in those cases where the city council finds in favor of the protest.
(Ord. No. 2021-15, § 3, 12-15-21)