Jurupa Valley Municipal Code Ch. 6.80 Comprehensive Solid Waste Collection and Disposal for Certain Areas

The City Council makes the following findings:

(1) A considerable volume and variety of solid wastes are being generated in the city;

(2) Such wastes are creating conditions which threaten the public health, safety and well-being by potentially contributing to air, water, land pollution, and the general deterioration of the environment;

(3) The foregoing conditions arise from the interaction of a number of factors, including rapid population increase, decentralized urban growth, industrial expansion, agricultural changes, transportation improvements, reduction in the number of landfills, and technological developments in the manufacturing, packaging, and marketing of consumer products;

(4) It is becoming increasingly necessary for the protection of the health, safety and welfare of the residents in the city that solid waste generated in such areas be promptly and safely collected and disposed of in an orderly and efficient manner;

(5) It is also necessary to carefully control the collection and disposal of solid waste so that the reductions required to be made by Division 30, Part 2, Chapter 2 of the Public Resources Code, (Pub. Resources Code Section 41000 et seq.) can be planned for and accurately measured;

(6) California Public Resources Code Division 30 (Pub. Resources Code Section 40000 et seq.) authorize the comprehensive collection of solid waste in the city and require payment therefore by those persons and properties benefited thereby.

In light of the findings above made, it is the intent and desire of the City Council to establish a program of comprehensive collection in such areas as may be hereafter identified by a resolution duly adopted by the City Council.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City Manager means the City Manager of the City of Jurupa Valley or his or her designee.

Commercial unit means commercial, industrial or institutional facilities.

County or City means the City of Jurupa Valley.

Director means the City Manager of the City of Jurupa Valley or his or her designee.

Dwelling means a residence, flat, apartment or other facility, used for housing one or more persons in the county.

Hauler means a solid waste hauler duly permitted or franchised by the city.

Owner means any person, firm or business that owns, occupies or otherwise controls real property.

(Ord. No. 2014-05, § 5(6.15.005), 4-17-2014)

Any program of comprehensive collection and payment therefore shall be established and operated only in those areas of the city as specified in a resolution or resolutions adopted by the City Council following a duly noticed public hearing.

A. The owner of any dwelling or commercial unit shall subscribe to and pay for comprehensive refuse collection service rendered to such dwelling or commercial unit by a hauler and may be required to provide at a location accessible to the hauler, a container or containers of adequate capacity and functional design as determined by the city for the deposit of solid waste generated on the premises.

B. Nothing in this section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement shall not legally excuse the owner's obligation to the hauler or to the city under this chapter.

C. When identified as a tax lien guaranteed comprehensive collection area within the enabling resolution or resolutions as identified in Section 6.80.030, non-payment shall be subject to the remedies established in Sections 6.80.110 through 6.80.140.

A. When an owner or tenant fails to initiate adequate refuse collection service within fifteen (15) calendar days of occupancy of a dwelling, the Director shall give the owner written notification that such service is required. If service is not initiated within fifteen (15) calendar days from the date of mailing of the notice, then the Director may require the hauler to initiate and continue solid waste collection service for the dwelling or dwellings.

B. When, in the judgment of the Director, additional refuse containers are required, they may be provided by the hauler or, upon written notification by the Director, the owner may be required to provide such containers. The cost of any additional containers furnished by the hauler shall be added to the collection fees and collected in the same manner as the collection fees.

A. Dwellings.

(1) The owner of any dwelling may apply for exemption from comprehensive collection service by submitting a written application on a form issued by the Director accompanied by a nonrefundable application fee to the Director requesting a permit to provide self-haul solid waste collection, and transportation. This permit, if approved, shall be valid for one (1) year, and must be renewed annually thereafter at the discretion of the Director upon submittal of application and deposit of application fees to the Director.

(2) The form and content of the application shall be approved by the Director.

(3) The owner may be granted an exemption provided he or she can adequately document that he or she can properly transport all solid waste generated on the premises, in a safe and sanitary manner, to an approved solid waste facility. The Director may require the grantee to furnish evidence, such as landfill receipts, of such delivery of waste.

(4) The application fee shall include an administrative fee of ten dollars ($10) as established or as modified by resolution in addition to a deposit equal to the average annual landfill disposal cost for city residents. This deposit will be forwarded to the waste resources management district as a pre-payment for one (1) year's weekly refuse disposal.

(5) The Director shall provide the grantee with a card or other document which attests to the prepayment of the landfill fee and which will further allow weekly disposal privileges at all Riverside County disposal facilities.

(6) Should the grantee violate the provisions of this chapter or Chapter 6.75, the Director may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for refuse collection services as described in Sections 6.80.030 and 6.80.090.

B. Commercial units.

(1) The owner of any commercial unit may apply for exemption from comprehensive collection service by submitting a written application on a form issued by the Director accompanied by a nonrefundable application fee to the Director requesting a permit to provide self-haul solid waste collection and transportation. This permit, if approved, shall be valid for one (1) year, and must be renewed annually thereafter at the discretion of the Director upon submittal of application and deposit of application fees to the Director.

(2) The form and content of the application shall be approved by the Director.

(3) The owner may be granted an exemption provided he or she can adequately document that he or she can properly transport all solid waste generated on the premises, in a safe and sanitary manner, to an approved solid waste facility.

(a) The vehicles and equipment to be used for transporting the waste shall be listed by the owner and made available for inspection by this department.

(b) The vehicles used shall meet all applicable standards of Jurupa Valley).

(c) An account in good standing is maintained at one (1) or more disposal sites as defined in Chapter 6.75.

(4) The Director may require the grantee to furnish evidence, such as landfill receipts, of such delivery of waste.

(5) The application fee shall include an administrative fee of twenty-five dollars ($25) or as modified by resolution.

(6) Should the grantee violate the provisions of this chapter or Chapter 6.75, the Director may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for refuse collection services as described in Sections 6.80.030 and 6.80.090 through 6.80.120, inclusive.

A. An owner may discontinue solid waste collection service up to two (2) times during a given fiscal year (i.e., July 1—June 30), providing the dwelling(s) will be unoccupied throughout the entire period of discontinuance.

B. The owner shall give written notification to the hauler at least fifteen (15) working days prior to the date that discontinuance of service is requested.

C. Should an owner, after discontinuing service, request that service be re-established, the hauler may charge a reconnect fee equal to, but not exceeding, fifty (50) percent of the cost for one (1) month's regular collection service as provided by the City Council upon application for resumption of collection service. However, no such reconnect fee shall be charged for properties where title is being legally transferred resulting in a discontinuance and later reconnection of collection service.

A. The hauler shall be entitled to payment from the owner for services rendered and in the amounts as specified in a resolution or resolutions adopted by the City Council.

B. A failure to make timely payment for any service rendered by the hauler shall constitute a violation of this chapter and be subject to the penalty provisions included in this chapter.

A. Upon the expiration of not less than thirty (30) calendar days from the date that the hauler first presented a bill to the occupants of the premises, if the bill has not been paid in full, the hauler shall send the owner a second, written request for payment.

B. The second, written request shall include a warning notice that if the fees due are not paid within sixty (60) calendar days, waste collection services shall be terminated and the city advised of a failure to maintain a waste collection service by the occupants of the premises. The warning notice shall also be sent to the most recent address of the owner as shown on the records of the Riverside County Assessor's office and shall include information with respect to penalties that may become due.

C. The form and content of the warning notice shall be approved by the Director and shall advise the property owner of his or her right to a hearing to contest the charges.

D. Upon the expiration of not less than thirty (30) calendar days following the mailing of the second request for payment, provided the bill still remains unpaid, the hauler may file with the Director a verified written statement which shall contain the specific facts setting forth the name or names of the owner(s), the address of the dwelling service, the period of service, the amount(s) due, the steps taken to secure payment and such other information as the Director may reasonably require.

E. Unless otherwise provided by the Director, the hauler shall not be required to continue to provide such solid waste collection service if the account remains unpaid past the sixty (60) days specified in the second notice.

A. A property owner or person who is adversely affected by the notice set forth in Section 6.80.090 may appeal to the Planning Commission within the twenty (20) calendar days of the postmark on the warning notice by filing a timely written appeal with the Director. Timely appeal shall not stay any further solid waste collection or responsibility to pay therefore. The Director shall set the matter for hearing before the Planning Commission and shall notify the appellant by mail of the date set for such hearing, at least fifteen (15) days prior to the date. If the appellant resides outside the city, the above period of notice by mail before the hearing shall be at least twenty-five (25) days. The appellant shall have the right to appear in person or by an agent, designated in writing, at the hearing, and present oral, and/or written, evidence. The Planning Commission shall decide the appeal and shall issue its decision, which shall be in writing.

B. The Planning Commission shall have authority to make reasonable adjustments in the amount billed or to excuse payment altogether as well as authority to grant ancillary relief. The Planning Commission shall have authority to determine that the hauler shall not be entitled to any payment from the owner or person affected. The Planning Commission shall have no authority to award monetary damages, costs or attorneys' fees.

C. The owner or other person affected may appeal the decision of the Planning Commission to the City Council by filing a written request with the clerk of the City Council within thirty (30) days of the mailing of the written decision of the board of appeals.

Upon the receipt of the statement filed in accordance with Section 6.80.090, the City Manager may authorize payment in the amount due the hauler from a continuing appropriation account so provided herein under Section 6.80.140. The owner shall be directly liable to the city for fees paid. Upon confirmation by the City Council by resolution duly adopted and upon recordation thereof as provided in Sections 6.80.120 and 6.80.130, the City Manager shall mail written notice to the owner at the address as shown on the latest equalized county assessment roll. In addition, the City Manager shall notify the owner that if the fees and administrative charges plus interest remain unpaid, subsequent proceedings may be taken to collect said fees and charges on the tax roll at the same time and in the same manner as ordinary county ad valorem taxes are collected on the real property to which said solid waste collection service was rendered.

(Ord. No. 2014-05, § 6(6.15.010), 4-17-2014)

The City Manager, or his or her designee shall, on annual basis, prepare and file a report of delinquent fees and charges and a proposed resolution confirming the report to the City Clerk. The report shall contain a description of each parcel of real property receiving such services and the amount of the charge for each parcel for the year, including late fees and city administrative fees, computed in conformity with the charges prescribed by this section and the hauler's franchise agreement. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the City Assessor, or by reference to plats or maps on file in the office of the City Clerk. The City Clerk shall submit the report and proposed resolution to the City Council, thereby initiating proceedings before the City Council to collect delinquent solid waste collection service fees and charges on the tax roll of real property situated within the city to which said service was rendered and fees and charges paid by the city and not reimbursed by the owner. Upon receipt of the report, the City Council shall fix a time, date and place for hearing the report. The City Clerk shall cause notice of the hearing to be mailed to the owners of the property listed on the report not less than ten (10) days prior to the date of the hearing. The City Clerk shall also cause the notice of the filing of the report and of a time and place of the hearing to be published pursuant to Section 6066 of the Government Code prior to the date set for hearing. At the hearing the City Council shall hear any objections or protests of property owners liable for delinquent fees and charges. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(Ord. No. 2014-05, § 7(6.15.015), 4-17-2014)

The delinquent fees and charges set forth in the report specified in Section 6.80.120 and as confirmed therein may, pursuant to California Health and Safety Code Section 5473a., be collected on the tax roll against the respective parcels of land and are a lien on the property for the amount of the delinquent fees and charges. A certified copy of the conformed report, as well as all data and documentation required by the Auditor-Controller as specified in that office's procedures for collection of fees and charges on the tax roll, shall be filed with the Riverside County Auditor-Controller, on or before August 10th, for the amounts of the respective delinquent fees and charges 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 a certified copy of the resolution of confirmation. The delinquent fees and charges shall be collected at the same time and in the same manner as ordinary city ad valorem 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. All laws applicable to the levy, collection and enforcement of city ad valorem taxes shall be applicable to the delinquent fees and charges, except that if any real property to which the 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 the taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to the real property and the delinquent fees and charges, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.

(Ord. No. 2014-05, § 8(6.15.020), 4-17-2014)

There is created a fund account entitled "Payment of Property Owner's Delinquencies for Solid Waste Collection Service." This account shall be credited with such sums as may be appropriated by the City Council from the originating source, franchise or permit fees, delinquencies collected by pursuant to the provisions of this chapter, assessments collected by the Tax Collector and sums received in consideration of release of liens. Expenditures from said sums shall be made to haulers for owner delinquent accounts.

Any notice required to be given hereunder by the city, the Director, or any hauler to an owner, shall be sufficiently given or served upon the owner for all purposes hereunder, if personally served upon the owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the owner maintained by the Assessor of the county for the mailing of tax bills or, if no such address is available, to the owner at the address of the dwelling.

It shall constitute an infraction for an owner as defined above to fail to sign up for or to timely pay for refuse collection service or to otherwise violate any provision of this chapter. and upon conviction of such violation shall be subject to a fine of one hundred dollars ($100) for the first offense; two hundred dollars ($200) for a second violation within a one-year period and five hundred dollars ($500) for a third or subsequent violation within a one-year period. The City Council reserves the right to modify the fines by resolution. The owner shall also be subject to court action to pay for trash collection service furnished to the property, residence or business located thereon.