Bell Municipal Code Art. I General Provisions

The city council of the City of Bell, California does find and determine that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris, and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation, and other problems affecting the health, welfare and safety of the residents of Bell and surrounding cities. The city council further declares that regulations in this chapter provided are designed to eliminate or alleviate such problems.

(Prior code § 3900.100; Ord. 1097 § 1, 1994)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not ascribed a meaning by this section shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40105—40200.

"Act"

means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

"Authorized recycling contractor,"

as used in this chapter means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

"Bulky waste"

means and includes, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container.

"Chief administrative officer"

means the chief administrative officer of the city or the chief administrative officer's duly authorized representative.

"City"

means the City of Bell.

"Collection"

means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector.

"Collector"

means, depending upon the context in which used, either the city, another local agency or a contractor.

"Commercial bins"

means bins designed for the deposit of refuse, charged at commercial rates, and provided by a collector.

"Commercial premises"

means all premises in the city, other than residential premises, where refuse is generated or accumulated.

"Container"

means any bin, vessel, can or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.

"Contractor"

means a person, persons, local agency, firm or corporation franchised, authorized or permitted by the city to provide refuse, recycling or composting collection services within the city.

"Designated recycling collection location,"

as used in this chapter, means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

"Franchise"

means the right and privilege: (1) to collect, (2) to transport to landfill or other licensed disposal facilities, and/or (3) to recycle from all solid waste kept, generated and/or accumulated within the city from the franchise area. Any franchise is subject to all of the provisions of this code, the franchise agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

"Franchise fee"

means the fee or assessment imposed by the city on contractor solely because of its status as contractor. The term "franchise fee" does not include:

Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both businesses and contractor or their services but not including a tax, fee or assessment which is unduly discriminatory against contractor or its customers); or

Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise, including payments of bonds, consultants, administrative expenses, fees described at Section 8.24.060 of this chapter, attorney's fees, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages.

"Garbage"

means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance, except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.

"Gross receipts"

means any and all revenue or compensation in any form derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents and any person or entity in which the contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, without subtracting franchise fees or any other cost of doing business; provided, however, that the amount of gross receipts may be reduced by the amount of any bad debts incurred by the contractor or refunds returned to customers, provided that the revenue with respect thereto has been included in the computation of gross receipts.

"Hazardous waste"

means any compound, mixture, substance or article which, if improperly used, handled, transplanted, processed or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radio-active, or otherwise harmful to the environment, including wastes or refuse defined as hazardous under state or federal law.

"Place or premises"

means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobilehome park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing or assembling shop or plant; and every other place or premises where any person resides or any business is carried on or conducted within the city or any other site upon which garbage, waste or refuse is produced or accumulates.

"Recyclable waste material,"

as used in this chapter, means discarded materials such as, but not limited to, newspapers, glass, plastic and metal cans and compostables which are separated from other garbage or refuse for the purpose of recycling.

"Recycling,"

as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

"Refuse"

means and includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible, and includes garbage and rubbish defined in this section.

"Residential"

includes single-family residences, multifamily residences, including apartments and condominiums, but does not include hotels or motels.

"Rubbish"

means nonputrescible unwanted or discarded material or debris, either combustible or noncombustible including but not limited to paper, cardboard, grass, tree or shrub trimmings, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction or demolition material, recyclables, compostables, bulky wastes, and other municipal solid waste.

"Solid waste" or "waste matter"

means "rubbish" as defined in this section.

"Standard residential refuse container"

means a container of a size, design, and weight prescribed by the city council by resolution for single-family residential solid waste collection, designed and manufactured for the accumulation and storage of residential refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.

(Prior code §§ 3901.010—3901.135; Ord. 1097 § 1, 1994)

The city shall provide for or furnish integrated waste management services relating to collection, transfer and disposal of refuse, recyclables and compostables within and throughout the city. Such services may be furnished by any one or combination of the following:

A. City officers and employees;

B. Contractors franchised or licensed by the city; or

C. Agreement with another local agency.

(Prior code § 3902.100; Ord. 1097 § 1, 1994)

The city council may establish by resolution, the manner in which integrated waste management services are provided within the city, specifying the hours, days, and frequency of collection.

(Prior code § 3902.105; Ord. 1097 § 1, 1994)

The city council may determine waste management collection categories, i.e., residential, single-family residential, multifamily residential, commercial, industrial, special, special event, household hazardous waste and other, and may make or impose collection requirements which vary for such categories.

(Prior code § 3902.110; Ord. 1097 § 1, 1994)

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Sections 41900 et seq., the city may levy fees upon contractors and premises for refuse collection, transfer and disposal and the collection and transfer of recyclables and compostables. Such fees may include charges for the use of dumpsters, landfills, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The city may determine to collect all or part of such charges on the tax roll, or by such other means as the council may elect, whether or not delinquent.

(Prior code § 3903.100; Ord. 1097 § 1, 1994)

Until picked up by a collector, each person shall be responsible for the cleanup of any and all refuse which that person has generated, dumped, spilled, or otherwise lost or littered, notwithstanding human or animal interference with bins or containers (whether or not standard containers were used), wind or other natural forces, and whether during storage, collection, removal or transfer. The city or contractor shall be responsible for any refuse spilled during its storage, collection, removal or transfer.

(Prior code § 3912.100; Ord. 1097 § 1, 1994)

Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in Chapter 1.16 of this code.

(Prior code § 3913.100; Ord. 1097 § 1, 1994)

A. Rate Adjustments. Any increase in rates charged to customers which exceeds the maximum rate schedule in the contract between the contractor and city is subject to Articles XIIIC and XIIID of the California Constitution (Proposition 218). Article XIIID Section 6 procedures will be followed when increased rates are considered.

B. Collection of Delinquent Fees—Creation of Lien.

1. The owners, occupant or other person responsible for operation of the premises is required to make arrangements for collection of refuse, and the occupant and owner remain jointly responsible and severally liable for payment. Property owners by contract shall assure that occupants pay for refuse services and remain liable should the occupants fail to do so.

2. Any fees authorized pursuant to this chapter which remain unpaid 30 days after mailing of the contractor's invoice are considered delinquent. Contractor may charge a late charge of one and one-half percent per month until the charges are paid in full.

3. Where the contractor has made diligent efforts and been unsuccessful in collecting delinquent fees for a period of three months, the contractor may assign the account to the city for collection by causing a report of any three-month delinquent fee reports to be sent to the city manager. The city manager shall then transmit this report to the city council at a public meeting (in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq.) at which meeting the city council shall fix a time, date and place for a public hearing to consider: (i) the report on delinquent accounts; (ii) any objections or protests thereto; and (iii) the possible placement of liens on subject properties for the amounts of such delinquent fees plus legal fees and administrative costs.

C. Public Hearing.

1. The city council shall cause notice of the hearing to be mailed to the property owners listed on the report not less than 15 days prior to the date of the lien-placement hearing. The notice shall inform the property owner of the past due charges and the date of a special city council lien hearing.

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

D. Special Assessment. The delinquent fees set forth in the report as confirmed by the city council at the public hearing shall constitute a special assessment against the respective parcels of land, and may be placed as a lien on the property for the amount of such delinquent fees plus legal fees and administrative costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for the current assessment roll.

E. Property Owner Responsible.

1. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of refuse collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner's obligation to the city.

2. A property that becomes subject to subsection (C)(1) may be removed from the list of properties from which billings are collected with the property taxes at such time as the property changes ownership and subject to the written request of the new property owner.

F. Contractor Pays Costs. The contractor shall be fully responsible for the payment of any and all fees or charges of the city and county of Los Angeles for such services.

G. Collection of Charges with Property Taxes.

1. Where an owner of a parcel of property is delinquent on four or more consecutive billing cycles and the city has placed one or more liens on the property for collection of the delinquent billings in accordance with subsection B, the city may elect to have future charges billed through property tax billings to be collected for each fiscal year on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separate from, the city's general taxes.

2. Prior to billing and collecting in this manner, the city shall comply with the following:

a. The city manager shall cause a report to be prepared each year that identifies the parcels of property upon which the charges are proposed to be collected with the property taxes;

b. The city manager shall file the report with the city clerk, who shall fix a date, time, and place for public hearing and for any objections or protests thereto;

c. The city clerk shall cause notice of the filing of said report and of the date, time, and place for a public hearing to be made as follows:

i. Notice shall be published pursuant to Section 6066 of the Government Code, as amended, prior to the date set for hearing, in a newspaper of general circulation printed and published with the city, and

ii. Notice shall be mailed at least 15 days prior to the hearing to each person to whom any parcel(s) of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to the city clerk;

d. At the public hearing, the city council shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time;

e. Upon the conclusion of the hearing, the city council may adopt, revise, change, reduce or modify any charge, overrule any or all objections and shall make determination upon each charge as described in said report, which determination shall be final. If the city council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land;

f. On or before August 10th each year following the final determination upon each charge, the city clerk shall file with the county auditor a copy of the report prepared with a statement endorsed on the report over his or her signature that the report has been finally adopted by the city council and that the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll;

g. The amount of charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy;

h. The county tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties; and

i. With respect to bona fide purchasers, they will be subject to the lien levied on the purchased property to the extent the lien is secured pursuant to Health and Safety Code Section 5473.11.

H. Election to Have Collection on Tax Rolls. For properties not otherwise subject to subsection (G)(1), a property owner may voluntarily elect to have refuse collection charges billed with the property taxes to be collected for each fiscal year on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separate from, the city's general taxes. Said election shall be subject to the following:

1. Such request shall be submitted by letter to the public works director for processing. Upon receipt of such request, the public works director shall cause the subject parcel to be included in the report prepared by the city administrator as set forth in subsection (G)(2)(a). The request shall thereafter be processed in accordance with subsection (G)(1).

2. Payment of direct billings will remain a responsibility of the requesting property owner until the property tax billing commences.

3. A property subject to this subsection H may be removed from the list of properties from which billings are collected with property taxes upon the written request of the property owner.

(Ord. 1209 § 1, 2015)