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HomeMy WebLinkAboutORD 1284ORDINANCE NO. 1284 AN ORDINANCE OF THE CITY OF CALIFORNIA, AMENDING CHAPTER 8.16, SECTIONS 8.16.010 AND ADDING 8.16.110 DESERT MUNICIPAL CODE. PALM DESERT, SOLID WASTE, OF THE PALM WHEREAS, pursuant to Government Code of the State of California and Ordinance No. 84 adopted August 28, 1975, the City of Palm Desert established rates and fees for garbage and rubbish collection and disposal services thereof; and WHEREAS, the City entered into a Franchise Agreement with a waste hauler to collect and dispose of trash, recyclables, green waste, and other materials as authorized therein; and WHEREAS, the City imposed fees on property owners for the service provided the waste hauler ("Refuse Fees"); and WHEREAS, under Section 2.13 of the Franchise Agreement waste hauler has the option to request Tax Roll Billing and has requested said option be implemented; and WHEREAS, the City of Palm Desert is proposing to amend the Palm Desert Municipal Code to allow for Tax Roll Billing, as defined herein, through the County Tax Assessor's Office. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. Title 8 ("Solid Waste") of the Palm Desert Municipal Code is amended by revising Chapter 8.16 and Sections 8.16.010, 8.16.020, 8.16.080, 8.16.090, and 8.16.100 to read as follows: Chapter 8.16 SOLID WASTE 8.16.010 DEFINITIONS (NEW SECTION) A. "County" means Riverside County. B. "Tax Roll Billing" means the collection of single-family residential Refuse Fees, and any associated penalties and interest, on Tax Roll. C. "Refuse Fees" means solid waste, recyclables, green waste, and other fees associated with proper disposal of solid municipal waste. D. "Record Owner' means the owner of a parcel whose name and address appear on the last equalized secured property tax assessment roll, or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the agency. E. "Refuse" means solid waste, recycling, and green waste. ORDINANCE NO. 1284 F. collected by the County. "Tax Roll" means the assessment roll upon which general taxes of the City are - .0 8.16.110 TAX ROLL BILLING (NEW SECTION) A. Exclusive Franchise. The City has an exclusive franchise agreement with a waste hauler for the collection and handling of Refuse within the City. All property within the City is required to subscribe to Refuse collection and handling services provided by the franchise waste hauler. B. Record Owner. Effective July 1, 2015, all Refuse service accounts for single-family residential property shall be established and held in the legal Record Owner's name. The Record Owner shall be responsible for the payment of Refuse Fees for his or her parcel. C. Refuse Service Fees. The City may use Tax Roll Billing to collect the Refuse Fees imposed on the parcel of the Record Owner of a single-family residential property. D. Refuse Fees When Due. Refuse Fees imposed on single-family parcels pursuant to this chapter shall be deemed delinquent if not paid within sixty (60) days of the date they are due to be paid to the County. All other Refuse Fees shall be deemed delinquent if not paid within thirty (30) days following the billing statement date. E. Penalty. A penalty in an amount not to exceed ten percent (10%) of the Refuse Fees which are delinquent shall be imposed upon the Record Owner or the person holding the Refuse service account with the City of a parcel as to which Refuse Fees are delinquent, if not paid in the time and manner prescribed, and in addition may provide for a penalty not to exceed I and one-half percent per month for nonpayment of the Refuse Fees and basic penalty. F. Remedies. Any remedies for the collection and enforcement of Refuse Fees, rates or other charges are cumulative and the City may pursue remedies alternatively or consecutively or authorize the County to undertake action(s). G. Exception. Vacant Premises. These requirements shall not apply to any residential premises at which all dwelling unit or units is/are vacant (e.g. new developments) until such time as the dwelling(s) is first occupied. H. Vacation Stop Service. The Record Owner of a single-family residential property may request that service be stopped at the parcel for a minimum/maximum of 30 consecutive days or as otherwise approved. The service shall be stopped only during the period in which the premises are vacated. Any person seeking to avail him or herself of the exception provided herein shall bear the burden of providing reasonable evidence to the City or authorized representative, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the premises was vacant for the period in question. At such time as the property is reoccupied a restart fee will apply in addition to Refuse Fees. 1. Waiver Request. Verification of Vacancy. The Record Owner requesting that service be temporarily stopped shall complete a verification of vacancy form and submit the form and any documentation as required by the City to the City's authorized waste hauler for review and approval. J. Restart Fee. The Record Owner of a parcel where Refuse service has been stopped shall pay the City a restart fee to resume service. ORDINANCE NO. 1284 Section 2. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be posted or published as required by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on thel4th day of May , 2015, by the following roll call vote: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE Susan Marie Weber, Mayor ATTEST: RA ELL D. KLASSEN, YTY CLERK CITY OF PALM DESERT, CALIFORNIA