Gridley Municipal Code Art. 3 Franchise Agreements

The City Council may, from time to time, enter into franchise agreements for the collection of solid waste, plant materials and recyclable materials from residential and commercial premises. All franchise agreements may be entered into without competitive bidding.

(Ord. 701-2000, § 1(part)).

Collection and removal of solid waste, plant materials, and recyclable materials by a franchisee shall be made in accordance with the terms and conditions of this chapter and the agreement between the city and the franchisee.

(Ord. 701-2000, § 1(part)).

Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste or plant materials within the city unless such person is a solid waste collection or plant materials hauling franchisee or the solid waste collected is exempted under this section. It is unlawful for any person to permit, allow or enter into any agreement whatsoever, for the collection or transportation of solid waste or plant materials with any person who is not a solid waste or plant materials franchisee except as the solid waste or plant material collected is exempted under this section. The following types of solid waste and plant materials are exempted under this section:

A. Solid waste and plant materials, which are removed from any premises by the waste generator, and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) whose removal of the solid waste and/or plant materials are incidental to the service being performed;

B. Plant materials removed from a premises by a gardening, landscaping, or tree-trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service and for no additional or separate fee;

C. Construction debris and demolition debris which is removed from any premise by employees of the construction or demolition contractor or city, using equipment owned by the contractor or city;

D. Solid waste generated by public entities other than the city, including schools and the Housing Authority;

E. Animal waste and remains from slaughterhouse or butcher shops for use as tallow;

F. By-products of sewage treatment, including sludge, sludge ash, grit and screenings;

G. Abandoned cars that are removed from any premises by a licensed towing company authorized to do so by city; and

H. Hazardous waste and designated waste regardless of its source.

(Ord. 701-2000, § 1(part)).

From time to time the City Council shall establish, by resolution, rates for the collection of and/or disposal of solid waste, plant materials and recyclable materials by a franchisee. Prior to adopting the resolution establishing the rates, the City Council shall hold a public hearing.

(Ord. 701-2000, § 1(part)).

Each occupant of the city receiving services from a franchisee shall be billed by a franchisee periodically in accordance with the rates established by the City Council. Should any occupant fail, refuse or neglect to pay any such bill, then, in that event, the sum of the bill, together with any costs incurred by the franchisee may be recovered by the franchisee, as provided by law.

(Ord. 701-2000, § 1(part)).

Failure or refusal to pay fees assessed pursuant to this Article may result in the noncollection of solid waste, plant materials and recyclable materials, which condition the City Council may declare to be a public nuisance if permitted to exist. In the event that there is non-payment, the City Administrator shall direct the franchisee to make collection and the expenses and charges of collection may be assessed against the property as provided by law. In the event of non-payment, the franchisee shall continue to collect solid waste, plant materials and recyclable materials when directed to do so by the City Administrator.

(Ord. 701-2000, § 1(part)).

A. The garbage service charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

B. Lien recorded-Procedure.

1. Notwithstanding any provision in this code to the contrary, any garbage/solid waste service charges which have become delinquent, shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

2. Prior to the recordation of a lien for delinquent charges, the Finance Director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations, if the owner desires a hearing thereon, he shall request such a hearing by notifying the City Clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the City Council. The decision of the City Council shall be final and conclusive.

3. At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the City Council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the Finance Director unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

4. The Finance Director is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the Finance Director may initiate proceedings to make delinquent garbage/solid waste charges a special assessment against the parcels of property to which such service was rendered.

5. The Finance Director shall transmit through the City Administrator to Council, a report of delinquent charges.

6. Hearing: Upon receipt of the report, the City Administrator shall fix a time, date and place for the City Council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the Council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The Council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the Council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the City Council on the report and on all protests or objections thereto shall be final and conclusive.

7. Method of collection; applicability of other liens, laws, etc.

(a) Upon confirmation of the report by the Council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(b) The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

8. Report transmitted to auditor: A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year.

(Ord. 785-2009, § 2, 2009)

Any occupant who has been billed for services by a franchisee and desires to contest the extent or degree or reasonableness of the charge billed, shall make payment of such charges under protest and at the same time, file a written statement of such protest with the City Administrator. Within thirty (30) days after date of filing, the City Administrator shall notify the protesting occupant of the findings and adjudication and adjustment in the matter. The decision of the City Administrator may be appealed by any person. Such appeal shall be directly to the City Council whose determination shall be final.

(Ord. 701-2000, § 1(part)).