Hemet Municipal Code Art. III Franchises

(a) California Constitution Articles XIII(C) and XIII(D), commonly known as "Proposition 218," regulates a public agency's imposition of certain fees for property-related services provided by the public agency. Proposition 218 does not restrict or regulate what a private profit-making entity may charge for property-related services provided by a private entity.

(b) The rates and fees established by a solid waste franchisee pursuant to this article are not subject to Proposition 218 because, among other reasons, the solid waste franchisee independently establishes, charges and collects the fees and rates for its service; owners of single-family residential premises may avoid the imposition of such fees and rates by obtaining a self haul permit; and owners of any property in the city may avoid the imposition of such fees and rates by leaving their property undeveloped or unoccupied.

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1986, § 9, 12-14-21)

(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, in accordance with section 62-22.

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

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1908, § 1(Exh. A), 10-27-15; Ord. No. 1986, § 9, 12-14-21)

(a) 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, approved by the city council by written resolution, and shall be subject to all of the continuation rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code Section 49520 et seq. Where a franchise agreement is silent on an issue, the provisions of this chapter shall govern. 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.

(b) Any franchise granted pursuant to subsection (a) of this section shall be granted on such terms and conditions as the city council shall establish in its sole discretion. At a minimum, the franchise shall provide:

(1) The solid waste franchisee shall comply with the provisions of this chapter; and

(2) The solid waste franchisee shall protect, defend, indemnify and hold the city harmless such acts, omissions, liabilities and damages related to the agreement as the city attorney and city manager determined to be reasonable necessary to adequately protect the city; and

(3) The solid waste franchisee shall be required to cooperate with city in solid waste disposal characterization studies and the preparation of waste stream audits, and to submit information required by the city to meet the reporting requirements of AB 939, or any other law or regulation, and to implement measures consistent with the city's source reduction and recycling element to reach the solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. No. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1986, § 9, 12-14-21)

(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) shall 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. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1986, § 9, 12-14-21)

(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.

(b) Delinquencies—Single-family and multifamily residential premises. An account holder for a single-family or multifamily premises who has not remitted required payment for solid waste handling services within 120 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 15 days from the date of the notice, a ten percent penalty and 1.5 percent monthly interest will begin to accrue and the city will be informed of the delinquency in an annual report. The solid waste franchisee will deliver a report of the delinquencies in May of each year with a request that the city place the delinquencies on the tax roll.

Pursuant to Government Code Sections 38790.1 and 25831, or in the alternative HSC 5473a, the city may collect delinquent fees or charges for solid waste handling services on the property tax roll for the premises. If the city decides to collect delinquent solid waste handling fees or charges on the property tax roll, it shall adhere to the following procedures:

(1) City will fix a time, date and place for hearing the report of delinquencies submitted by the solid waste franchisee and any objections and protests to the report. The solid waste franchisee shall mail notice of the hearing to the owner of every premises listed on the report not less than ten days prior to the date of the hearing. At the hearing, city shall hear any objections or protests of owners liable to be assessed for delinquent fees. The city may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(2) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the premises listed in the report and are a lien on the premises for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the Riverside County Auditor for the amounts of the respective assessments against the respective premises as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the Riverside County Recorder, 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 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 those taxes.

(3) City shall remit to its solid waste franchisee(s) amounts collected pursuant to this process within 30 days of receipt from the Riverside County Assessor. Solid waste franchisee(s) shall notify the city in the event any delinquency on the report for which a lien has been created is paid or otherwise resolved.

(c) Delinquencies—Commercial premises. Solid waste franchisee(s) may discontinue service to a commercial premises if the account holder of the commercial premises has not remitted required payment for solid waste handling services within 60 days after the date of billing. If a solid waste franchisee terminates service to any nonpaying 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. Delinquent commercial premises accounts shall be charged a 1.5 percent monthly late fee on the delinquent balance. If a solid waste franchisee discontinues service for nonpayment, 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. 1890, § 1(Exh. A), 7-8-14; Ord. No. 1986, § 9, 12-14-21)