Barstow Municipal Code Art. III Rates

The city council may, by resolution or an approved collection agreement, place a limit on the rates, fees, and charges (collectively, fees) collectors may charge to residential owners and to commercial/industrial business and/or property owners for the collection of solid waste and recyclables. No collector shall charge any fee which is greater than the maximum permitted by the city council.

(Code 1969, § 6.20.160; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 2, 12-6-2021)

(a) Every owner of each parcel where any trash accumulates shall pay, or cause to be paid, a fee in such amounts and in such manner as shall be established or required by resolution of the city council for the service of having such trash collected and removed from the place or premises. In the case of residential and commercial rental units, the property owner of record shall be responsible for the fees established by resolution.

(b) Nothing in this section is intended to prevent an arrangement under which payments of garbage collection fees are made by a tenant, or any agent, in behalf of the owner. However, any such arrangement will not affect the property owner's obligation to the city.

(c) Unless otherwise specified by the city manager or designated representative, all fees for residential and commercial service shall be billed to the property owner of record in advance of the service provided. At the time of initial establishment of a sewer and trash service account, a deposit may be charged in an amount not to exceed 60 days of fees for service.

The deposit shall be credited to the account after 12 months of timely payments have been received, or refunded within 60 days after cancellation of the service account.

(d) To apply for an economically disadvantaged rate discount, the owner must provide a utility bill (i.e. gas, water, electric) which shows the owner is currently receiving a discount under the California Alternate Rate for Energy (CARE) guidelines. The documentation must be provided to the city utility billing office and will be applied on the next billing cycle. It is the responsibility of the owner to update annually and notify the city of any changes which may impact their eligibility.

(Code 1969, § 6.20.180; Ord. No. 782, § 3(part), 2002; Ord. No. 816, § 7, 2006; Ord. No. 968-2020, § 3, 10-19-2020; Ord. No. 984-2021, § 3, 12-6-2021)

The fees to be paid for the service of having trash and swill collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city. The different occupancies and uses are defined as follows:

(1) Commercial use. Premises upon which is located any type of business requiring a business license under the provisions of this Code or other ordinances of the city. Commercial businesses may include multi-family dwellings of five units or more.

(2) Residential use. Premises upon which is located only one to two dwelling units, which may also include one accessory dwelling unit and/or one junior accessory dwelling unit.

(3) Multi-family use. Premises upon which is located three or more dwelling units.

(Code 1969, § 6.20.190; Ord. No. 782, § 3(part), 2002; Ord. No. 816, § 8, 2006; Ord. No. 968-2020, § 4, 10-19-2020)

(a) The garbage collection fee, including any applicable penalties and collection costs, shall be a civil debt owing the city from the owner of a residential or commercial unit subject to the fee.

(b) If an invoice for the garbage collection fee charged by the city pursuant to this chapter is unpaid after the due date, a penalty of ten percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges, penalties, all collection costs and any related lien fees and charges are paid in full. Charges which remain unpaid after the due date are considered delinquent.

(c) If court action is taken to enforce nonpayment of charges, the property owner shall pay all reasonable attorney's fees and costs incurred by the city.

(Code 1969, § 6.20.200; Ord. No. 782, § 3(part), 2002; Ord. No. 851-2009, § 1, 6-1-2009; Ord. No. 968-2020, § 4, 10-19-2020; Ord. No. 984-2021, § 4, 12-6-2021)

(a) Any fees authorized pursuant to this chapter which remain unpaid 60 days after the due date as set forth in section 6.20.200 may be collected thereafter by the city as provided in this section.

(b) The city council shall cause a report of delinquent utility fees to be prepared periodically. The council shall fix a time, date and place for hearing the report and any objections or protests thereto.

(c) The city council shall cause notice of hearing to be mailed to the landowners listed on the report not less than 15 days prior to the date of the hearing.

(d) At the hearing, the city council shall hear any objections or protests of landowners liable to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(e) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees, penalties and costs incurred by the city as authorized by this chapter. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.

(Code 1969, § 6.20.210; Ord. No. 782, § 3(part), 2002; Ord. No. 851-2009, § 2, 6-1-2009; Ord. No. 984-2021, § 5, 12-6-2021)

Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular premises, the city manager may issue special written permits authorizing variations from the provision of this chapter subject to such terms and conditions as he may deem necessary to protect the public health and safety so that the spirit of this chapter shall be observed, public health and safety secured and substantial justice done.

(Code 1969, § 6.20.220; Ord. No. 782, § 3(part), 2002)