Editor's Note: Ordinances, or parts of ordinances, formerly
codified in this chapter, include Ord. Nos. 92-340, 92-347U, 92-347,
93-385U, 95-433, 97-499U, 97-500 and 98-518.
The City Council may, by resolution or an approved franchise
agreement, establish or place a limit on rates, fee and charges (collectively,
"fees") collectors may charge to residential owners and to commercial/industrial
business owners for the collection of solid waste, recyclables, organic
waste, and construction and demolition debris. No collector shall
charge any fee which is greater than the maximum established or permitted
by the City Council.
a.
Residential premises shall be subject to the "City Solid Waste Collection Fee and City Recycling Fee" described in Section 15.48.020.
(Prior code § 5796; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a.
Subject to the exclusions set forth in Chapter 15.40, an annual solid waste, recyclables, and organic waste collection, processing and disposal fee (the "City Solid Waste Collection Fee" and "City Recycling Fee") shall be assessed upon all residential premises in the city, for services provided by the city.
b.
Subject to the exclusions set forth in Chapter 15.40, and annual recyclables collection, processing and disposal fee (the "City Recycling Service Fee") shall be assessed upon all multi-unit residential buildings in the city, for services provided by the city.
c.
Commercial/industrial
premises shall be subject to the "City Solid Waste Collection Fee"
established by resolution of the City Council or established in the
franchise agreement approved by the City Council. Commercial/industrial
premises that use the services of a permitted collector of recyclables
shall pay the recyclables fee established by the permitted collector.
d.
The
City Council shall annually establish the service fees, by approval
of the "Report to the City Council, Solid Waste and Recycling" which
report is approved annually. The service fees shall be collected each
fiscal year on the tax roll at the same time and in the same manner
as the general taxes of the County of Los Angeles, and shall be in
addition to any ad valorem taxes levied on such property.
(Prior code § 5797; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a.
Commercial/industrial
premises shall be subject to the solid waste collection fee established
by resolution of the City Council or established in a franchise agreement
approved by the City Council.
b.
Commercial/industrial
premises that use the services of a permitted collector for the collection
of recyclables shall pay the recyclables collection fees established
by the permitted collector.
(Prior code § 5798; Ord. 00-565 § 1, 2000)
a.
Notwithstanding any other provision of this article, should any commercial/industrial business owner, other than the owner of a multi-unit residential building, not pay the appropriate fees as required by Section 15.28.010 and authorized by this chapter, the franchisee may terminate collection services upon notification of the intent to terminate collection by the franchisee.
b.
Prior to the termination of service, the franchisee shall deliver via personal delivery or first class mail to the party who has failed to pay the appropriate fees (and to the property owner, if different), a written notice of intent to terminate collection services for failure to comply with subsection (e) of Section 15.28.010. Written notification of intent to terminate collection services may not be delivered until a period of not less than sixty calendar days of non-payment has elapsed from the delivery of monthly service invoices. A period of not less than fifteen calendar days shall elapse between the time that written notification of intent to terminate collection services has been delivered pursuant to this subsection, and the time that collection services are terminated.
c.
Upon
the termination of collection services, the franchisee shall continue
to maintain minimum collection services of once each week to maintain
health standards to the satisfaction of the City Manager. The city
is authorized to bill the property owner for the cost of maintaining
minimum service as required by this subsection.
(Prior code § 5799; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a.
Notwithstanding
any other provision of this article, the City Council, in its sole
discretion, may collect delinquent fees owed pursuant to this article
by placement of the fees on the property tax rolls, pursuant to the
provisions of this section. The City Council, in its sole discretion,
may collect delinquent fees pursuant to this section from all property
owners, or only from residential premises, multi-unit residential
buildings, and/or commercial/industrial premises. Should the City
Council elect to apply the provisions of this section, the following
procedures shall be followed:
1.
Any
owner who, as of June 1st of any given year, is delinquent as to any
charges or penalties due as of March 31st of that same year, shall
be sent, by mail, written notification that the review board will
review all such delinquent accounts during a public hearing and will
make a recommendation to the City Council with respect to submitting
the delinquent accounts to the County Auditor on August 1st, to be
included as an additional assessment for the respective affected parcel
on the county property tax rolls. At the time of such written notification,
a penalty shall be added to the delinquent account, to cover the administrative
costs of such procedure. Any owner whose property is so affected shall
have the right to appear before the review board when it deliberates
on the matter.
2.
The
review board shall consist of three members appointed by the City
Council. The review board shall review delinquent accounts, pursuant
to the provisions of this subsection, and make recommendations to
the City Council with regard to disposition of those accounts, as
provided herein.
3.
The
review board may recommend that the fees or penalties owed by any
property owner be waived or adjusted, for any of the following reasons:
A.
Property ownership change.
B.
Vacant units not requiring service.
C.
Demolition of units during a service quarter.
D.
Condemnation actions against the property.
E.
Incorrect mailing address.
F.
Incorrect ownership information.
H.
Other similar conditions and reasons creating circumstances beyond
the reasonable control of the property owner.
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Requests for such waivers or adjustments shall be considered
only if timely made, and if accompanied by sufficient information
and documentation to permit the Director of Finance to make a determination
of whether cause exists to justify a waiver or adjustment.
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b.
The
recommendations of the review board shall be forwarded to the City
Council. The City Council shall consider the matter at a public hearing,
and may adopt or modify the recommendations of the review board as
it deems appropriate.
c.
The
County Auditor shall enter each assessment on the county tax roll
opposite the parcel of land affected. The amount of the assessment
shall be collected at the time and in the manner of ordinary municipal
taxes. If delinquent, the amount shall be subject to the same penalties
and procedures of foreclosure and sale provided for ordinary municipal
taxes. As an alternative method, the County Tax Collector, in his
or her discretion, may collect the assessments without reference to
the general taxes, by issuing separate bills and receipts for the
assessments. Laws relating to the levy, collection and enforcement
of county taxes shall apply to such special assessment fees.
(Prior code § 5799.5; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
