Eastvale Municipal Code Art. III Franchises

(a) The city council may grant franchises to one or more solid waste enterprises to make arrangements with the persons in charge of premises within the city for solid waste handling services. It shall be a violation of this chapter for any person to collect solid waste or provide any services related thereto unless such person is an authorized collector.

(b) The city council may determine solid waste collection services approach and categories, (e.g., single-family, commercial, construction & demolition materials, household hazardous waste, universal waste, covered electronic devices, recyclable materials, and others) and may make or impose franchise, license, contract or permit requirements which may vary for such categories.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

The city council may award exclusive, partially exclusive, or non-exclusive franchises for one or more types of solid waste handling services for all or a portion of the premises in the city. Any such franchise shall be in the form of a written agreement and shall be subject to all of the continuation rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code § 49520 et seq. A franchise may be granted through direct negotiation or a competitive process, on such terms and conditions as may be agreed to by the city and by the party or parties receiving the franchise or franchises. Where a franchise agreement is silent on an issue, the provisions of this chapter shall govern. To the extent permitted by law, where a franchise agreement predates the effective date of this chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this chapter.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(a) Regular collection. The city's solid waste franchisee(s) shall make arrangements with its account holders specifying the manner in which solid waste handling services are to be regularly provided, subject to the terms of its franchise.

(b) Special collections. The city's solid waste franchisee(s) may provide on-call collection of bulky waste and household hazardous waste to its account holders, and shall provide its account holders with debris boxes when requested and collect the debris box when the account holder no longer requires the debris box. The terms and conditions upon which such special collections are provided to account holders shall be arranged between the solid waste franchisee and the account holder, subject to the terms of the solid waste franchisee's franchise from the city.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

(a) Joint and several liability. The owner of a premises and the account holder for a premises are jointly and severally liable for solid waste handling services provided to the premises by a solid waste franchisee, including any related fees, charges, and penalties.

(b) Delinquencies single family residential premises. An account holder for a single family premises who has not remitted required payment for solid waste handling services within 90 days after the date of billing shall be notified by the solid waste franchisee servicing the premises on forms that contain a statement that if payment is not received within 30 days from the date of the notice the city will be informed of the delinquency in an annual report. The solid waste franchisee will deliver a report of the delinquencies by May 1 of each year with a request that the city place the delinquencies on the tax roll.

The city may collect delinquent fees or charges for solid waste handling services on the property tax roll for the premises pursuant to Sections 38790.1 and 25831 of the Government Code or Health and Safety Code Section 5473a. The city may charge a solid waste franchisee for any and all costs and expenses it incurs in connection with placing delinquencies on the tax roll. If the city decides to collect delinquent solid waste handling fees or charges on the property tax roll, it shall adhere to the statutory procedures set forth in Government Code section 25831 or Health and Safety Code section 5473.1-5473.11.

(c) Delinquencies commercial premises and multi-family premises. Solid waste franchisee(s) may discontinue service to a commercial premises and multi-family premises, if the account holder of the commercial premises or multi-family premises has not remitted required payment for solid waste handling services within 30 days after the date of billing. If a solid waste franchisee terminates service to any non-paying commercial or multi-family premises, the solid waste franchisee may require as a condition precedent to re-establishment of such service, that the owner of the premises and the account holder must comply fully with all of the billing policies and practices of the solid waste franchisee, including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to the solid waste franchisee, and payment of a reinstatement fee. If a solid waste franchisee discontinues service for non-payment, the solid waste franchisee shall, upon city request, give written notice to the city manager of any discontinuance of service for nonpayment, giving the name and address of the account holders.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the city may impose fees on solid waste franchisees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the city's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees. Any new or increased AB 939 fees imposed on a solid waste franchisee shall be cause for a corresponding rate adjustment to the franchisee's then current rate structure.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)