Clearlake Municipal Code § 11-4 Universal Collection

Editor's Note: Former Section 11-4, Franchise for the Collection, Hauling and Disposal of Solid Waste, previously codified herein and containing portions of Ordinance No. 28, was repealed in its entirety by Ordinance No. 2011-153.

Universal service shall be required for all residential properties in all areas within the boundaries of the City. Residential properties include single family homes, mobile home parks and multiple unit residential properties. City may require universal service for commercial properties that have garbage-related code violations, and any such commercial properties shall then be treated as multiple unit residential properties hereunder (except for purposes of subsection 11-4.3 below). (Ord. #198-2017)

The owner of each residential property in the City is required to contract (subscribe) with the City’s exclusive franchisee (“Contractor”) for collection of all solid waste accumulated on such property, and shall pay for such removal at the rates and terms established in the applicable franchise agreement as approved by City. Unless written permission has been provided to Contractor as set forth in this section, it shall be the responsibility of the owner of the residential property to make arrangement with Contractor for solid waste collection services. Such arrangement shall specify the location of the property, solid waste container type and sizes, and frequency of collection which shall not be less than once each week. Collection services made available to those properties required to receive such service shall be considered as services utilized. (Ord. #198-2017)

a. The following are exemptions to the collection requirement set forth in subsection 11-4.2 available upon grant by City, for each of which conclusive evidence must be established to the satisfaction of City: 1. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that no food is prepared or consumed on the property by the current occupant(s); 2. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that no solid waste of any kind is being generated on the property by the current occupant(s); 3. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that the property is not connected to water and electrical power and that water and electrical power cannot be provided to such property without action by a public utility or mutual water company; provided that such exemption shall terminate upon occupancy of such property; or 4. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that the property is a vacation home (not primary home) used exclusively by the property owner and the property is not rented at any point during the year for use by other than the property owner. Listing the home as any kind of rental will be cause for denial or termination of the exemption. b. The application for an exemption or renewal of an already authorized exemption must be initiated by the property owner even if the property owner does not occupy the property. Any property owner claiming an exemption shall file a statement under oath or under penalty of perjury with City stating the facts upon which exemption is claimed and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the solid waste collection fees required by this section.

c. Applications for exemption or renewal of an already authorized exemption may require an on-site inspection by Contractor or City staff. d. In the event an exemption is granted by City, it may be reviewed as needed to determine whether the exemption still applies. e. Any citation for a garbage-related code violation will be cause for termination of an approved exemption and universal service will immediately be required. f. City, after giving notice of not less than ten (10) days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this Subsection 11-4.3, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein. g. Approved exemptions are not transferrable. (Ord. #198-2017)

Upon transfer of ownership of property subject to universal service pursuant to this section, the new owner shall subscribe for service within fifteen (15) days of the ownership transfer. If service is not established within such fifteen (15) day period and an exemption has not been approved as per subsection 11-4.3, collection service fees in an amount set forth in the franchise agreement will be assessed beginning on the day that collection service is first provided by Contractor. Additionally, owner(s) may be subject to penalties as provided hereinafter. (Ord. #198-2017; Ord. #244-2020, S3)

The owner of any residential property in a universal service area will be liable for the payment of said service irrespective of the actual use of the service or failure to subscribe for such service. (Ord. #198-2017)

a. Residential Customers. If the owner of a single-unit residential property fails to pay its bill within the time period established in the franchise agreement, the account shall be deemed past-due. If the bill remains past-due for ninety (90) days or more, Contractor may reduce the customer’s solid waste collection service to the minimum non-recyclable solid waste service offered under the franchise agreement and may discontinue the collection of recyclables and green waste. b. Multiple Residential Unit Customers. If the owner of a multiple-unit residential property fails to pay its bill to Contractor within ninety (90) days after it is due, Contractor may discontinue all services to such customer until such time as the customer’s past due amount is paid to the satisfaction of Contractor. (Ord. #198-2017)

Contractor shall make reasonable and material efforts to obtain payment of all delinquent accounts described in subsection 11-4.6a. and b. above. The fees levied for service to residential customers that are required to subscribe from Contractor for solid waste collection services shall constitute a civil debt and liability owing to City from the person using or chargeable for such services and shall be collectible in the same manner provided by law, subject to the following limitations: a. Collection Efforts. Contractor shall undertake collection of the debt (including penalties and expenses of collection) as described in subsection 11-4.7 above for a period of one hundred eighty (180) days from the invoice date or until the debt is assigned to City for collection pursuant to this Subsection, whichever event first occurs. b. Assignment of Debt. If Contractor’s collection efforts fail and Contractor can demonstrate to the City that it made reasonable and material efforts (such as (i) issuance of late payment notices, (ii) telephone requests for payment, (iii) reduction in the customer's service level as provided herein, and (iv) assistance from collection agencies if warranted and feasible), then Contractor may assign to the City its rights to collect any delinquent account (including penalties and expenses of collection) that remains unpaid for a period of sixty (60) or more days after the close of the period for which it was billed (Government Code Section 25828) and that have a delinquent amount (exclusive of interest and fees) in excess of fifty ($50.00) dollars. The procedure for making such assignment shall be as follows: 1. To initiate assignment to City, Contractor shall file with City Manager a verified statement which shall contain the specific facts of the delinquent account, including, but not limited to: name or names and address of the owner(s), the address of the service, the period of service that is delinquent, the amounts due, accrued interest, the steps taken to secure payment, and such other information as the City Manager may reasonably require. 2. Said statement shall be submitted to City quarterly by the end of each calendar quarter. 3. Upon acceptance of such assignment, City shall compensate Contractor within thirty (30) days for the delinquent amount, exclusive of interest and fees. 4. Upon acceptance of such assignment, City may then initiate any collection procedures authorized by law, including those special assessment procedures authorized by Government Code Sections 38790.1 and 25831. The City may also collect on such assignment through the administrative citation process set forth in Section 1-9. The assignment shall constitute an administrative violation with the amount due for the violation equal to the assignment plus any fee(s) provided for in the Council-adopted master fee schedule. Payment of the citation shall relieve the debt owed to the city for the assignment. Collection of the assignment through the administrative citation process shall not preclude the inclusion of additional administrative violations on the same citation, including, for a violation of subsection 11-4.10. Any amount collected pursuant to these procedures shall be retained by City.

City shall not be responsible for any bad debt incurred by Contractor prior to the actual implementation date of universal garbage service by Contractor. (Ord. #198-2017; Ord. #244-2020, S2)

Universal service fees authorized pursuant to this Section 11-4 which remain unpaid for a period of sixty (60) or more days after the date upon which they were billed may be collected thereafter by City as follows: a. Once a year, City shall cause the City Council of the City of Clearlake (the “City Council”) to prepare a report of delinquent universal service fees. The City Council shall fix a time, date and place for hearing the report and any objections or protests thereto. b. The City Council shall cause notice of the hearing to be mailed to the landowners listed on the report not less than ten (10) days prior to the date of the hearing. c. 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. d. 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. A certified copy of the confirmed report shall be filed with the County Auditor, on or before August 10, for the amounts of the respective assessments against 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 the County, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Ord. #198-2017)

The City Manager or his designee shall adopt an administrative complaint procedure whereby customers may file complaints regarding service or any other matter arising out of the services provided under this Chapter. Appeals from any determinations made pursuant to such administrative procedures may be made to the City Council in accordance with the Clearlake Municipal Code. (Ord. #198-2017)

It shall constitute an infraction for an owner of residential property to fail to sign up for solid waste collection services within the applicable time set forth in subsection 11-4.4 or to timely pay for such services as required in subsection 11-4.6 and upon conviction of such violation, shall be punishable by a fine not exceeding one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation within one year, and five hundred dollars ($500.00) for each additional violation within one year. Such person, firm, partnership, association, corporation or other entity may be charged with a separate offense for each and every day, or portion of a day, that a violation exists. (Ord. #198-2017)