Arcata Municipal Code Art. 4 Rates, Enforcement

A. Rate Determination. Customer rates for all Solid Waste collection services, including Solid Waste for Landfill Disposal, Organic Waste and Recyclable Material, shall be established by the City Council.

B. Opening and Closing Bills. Opening and closing bills for less than the normal billing period shall be prorated.

C. Collection. The City Council may provide for the collection of Solid Waste charges together with the rates charged for other utility services furnished by the City. In such event, Solid Waste for Landfill Disposal, Organic Waste and Recyclable Material collection service charges shall be itemized and billed on the same bill and collected as one (1) item, together with and not separate from such utility service. By contract, the Authorized Collection Contractor may be authorized to bill Customers and collect service charges on behalf of the City. In the event bills become delinquent for more than sixty (60) days, the Authorized Collection Contractor may submit those accounts to the City for collection, subject to the terms and conditions agreed to by the City and Authorized Collection Contractor. The Authorized Collection Contractor shall not discontinue collection services for properties that have delinquent accounts unless one (1) of the exclusions in Section 5425 applies, as determined by the Director.

D. Late Fees and Penalties. Bills not paid within sixty (60) days after the billing date shall be deemed late and deemed delinquent on the first day of the calendar month occurring thereafter, unless the bill or portion thereof is unpaid due to a bona fide dispute. A one (1) time basic penalty of ten percent (10%) and interest at the rate of one-half of one percent (0.5%) per month of outstanding charges and penalties shall be assessed upon delinquency.

E. Collection of Delinquent Accounts. The City reserves the right to take any, all, or a combination of methods authorized by law, in the alternative or concurrently, in its sole discretion, to collect unpaid deposits, charges, penalties and interest of delinquent accounts. Such remedies include, but are not exclusive to:

1. Using the authority granted in Government Code Section 38790.1, and in the manner described in Government Code Section 25831, the City may record a lien upon the real property after notice and hearing before the City Council; or

2. A court action for, in which event the City shall have judgment for the cost of suit and reasonable attorney’s fees; or

3. Discontinuance of City services charged on a unified bill, including water. (Ord. 1560, eff. 1/20/2023)

A. Inspection.

1. General. In order to ensure compliance with this Chapter and state law, the City is authorized to inspect any and all phases of Solid Waste management, including the inspection of collection containers, within the City. Notwithstanding the above, no inspection shall be made in any dwelling unit unless authorized by the occupant, or in accordance with due process of law. Inspections and investigations may include, without limitation, confirmation of proper placement of materials in containers, inspection of Edible Food Recovery activities, and review of required records. Written complaints regarding an entity that may be potentially noncompliant with this Chapter may be submitted to the Director for investigation.

2. Access to Property, Containers, Records. Any person subject to the requirements of this Chapter shall provide, or arrange to provide, access to property, Containers and records as necessary for the City to conduct a physical inspection and investigation of compliance with this Chapter. Such persons shall cooperate with the City during any such inspections and subsequent investigations. Failure to provide or arrange for: (a) access to the premises; or (b) access to records for any inspection or investigation is a violation of this Chapter and may result in penalties described in this Chapter. This subsection does not apply to occupants of dwelling units unless access is authorized by the occupant, or in accordance with due process of law.

3. Records. Any records obtained by the City during inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 7920 et seq. (formerly Section 6250 et seq.).

B. Violations. In all cases where the City finds that any person has violated or continues to violate any provision of this Chapter or any permit or order issued pursuant to this Chapter, the Director shall issue a notice for each such violation stating therein the violation or violations found, and the applicable law and regulations. Within ten (10) days after receipt of written Notice of Violation, the person shall submit to the City an explanation of the violation and a plan for the satisfactory correction and prevention thereof. The fact that Solid Waste remains on an occupant’s premises in violation of this Chapter shall be "prima facie" evidence that the occupant of the premises is responsible for the violation hereof.

C. Penalties.

1. Administrative Fines. Violation of any provision of this Chapter shall constitute grounds for assessment of an administrative fine by the City in accordance with Title I, Chapter 3, Article 1.

2. Infractions. Any person violating the provisions of this Chapter shall be guilty of an infraction for each offense unless otherwise specified herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues and for each activity in violation of this Chapter.

D. Civil Actions, Remedies Not Exclusive. The remedies in this Article are not exclusive. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions to seek recovery of unpaid administrative citations and fines. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. The City may take any, all, any combination of any action, or multiple actions, against a noncompliant person. (Ord. 1560, eff. 1/20/2023)

TITLE V—SANITATION & HEALTH