Banning Municipal Code Art. III Collection Agreements

The city council may authorize, by contract, one or more solid waste enterprises to provide collection services for residential, industrial, and commercial business users or customers, including but not limited to the collection of C&D. The terms and provisions of any collection agreement for collection services may relate to or include, without limitation such requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.

In the sole discretion of the city council, the collection services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.

No person shall collect or dispose of solid waste in the city unless that person has entered into a collection agreement with the city, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code.

(Ord. No. 1576, § 2, 10-12-21)

A. Each person required by this chapter to arrange for collection services shall pay or cause to be paid the charges for such services.

B. Charges for collection services shall be billed by authorized collectors in accordance with their collection agreements and a rate schedule approved by the city.

C. An authorized collector may take actions as are legally available and authorized under the applicable collection agreement to collect or cause collection of delinquent charges for collection services and to charge late fees and a tax-roll fee if the delinquent amount is placed on the county tax roll pursuant to paragraph (d) below.

D. The city may collect delinquent charges for collection services for single-family and multi-family generators by causing the delinquent charges to be placed on the county tax roll in accordance with the applicable collection agreement and pursuant to the authority of and in compliance with the provisions of Article 4 of Chapter 6 of Part 3 of Division 5 of the Health and Safety Code. Charges collected on the tax roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the city's general taxes and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

E. Collection services may be discontinued for commercial premises, excluding multi-family residential dwellings, if any charges remain unpaid for a period of thirty or more days after the date upon which they were billed.

(Ord. No. 1576, § 2, 10-12-21)