Menlo Park Municipal Code Ch. 7.06 Refuse and Garbage Collection Service Areas

Unless the context otherwise indicates, terms used in this chapter have the following meanings:

(1)

"Council"

means the city council of the city.

(2)

"Report"

means the report referred to in Gov. Code § 25831(a).

(3)

"Service area"

means any specific area of the city established by resolution of the council as a service area.

(4)

"Service charges"

means fees or other charges for services, furnished in connection with the refuse and garbage collection system for the service area and the particular premises within the service area as specified in the resolution referred to in subsection (3) of this section.

(Ord. 612 § 2 (part), 1977)

Service charges shall be established on the basis of the current franchise rates applicable to the service area, necessary reserves and overhead costs.

(Ord. 612 § 2 (part), 1977)

The county tax roll shall be used for the collection of rates to all premises specified in the resolution referred to in subsection (3) of Section 7.06.010.

(Ord. 612 § 2 (part), 1977)

A written report shall be prepared and filed with the clerk of the city council, which report shall contain a description of each parcel of real property receiving such services and the amount of the unpaid charge for each parcel for the forthcoming fiscal year, computed as set forth in Section 7.06.020.

(Ord. 612 § 2 (part), 1977)

The clerk of the city council shall cause notice of the filing of the report and of the time and place of hearing thereon by publishing notice thereof once prior to the date set for hearing in a newspaper of general circulation, printed and published in the city, and by mailing a copy of said notice ten days before the date of the hearing to each landowner within the service area proposed to be assessed.

(Ord. 612 § 2 (part), 1977)

At the time of the hearing, the council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time.

(Ord. 612 § 2 (part), 1977)

Upon the conclusion of the hearing on the report, the Council shall rule on all objections and shall make its determination upon each charge as described in said report, which determination shall be final. The Council shall thereafter confirm the report.

(Ord. 612 § 2 (part), 1977)

On or before the fifteenth (15th) day of August in each year following the final determination of the Council, the clerk of the City Council shall file with the auditor a certified copy of said report. The auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

(Ord. 612 § 2 (part), 1977)

The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed. The tax collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land.

(Ord. 612 § 2 (part), 1977)

The amount of the charges shall be collected at the same time and in the same manner and by the same person as the general tax bill, and shall be delinquent at the same time and thereafter be subject to the same penalties for delinquency.

(Ord. 612 § 2 (part), 1977)

All laws applicable to the levy, collection and enforcement of general taxes, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption are applicable to such charges, except that if the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer 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 charge confirmed pursuant to Section 7.06.070 shall not result in a lien against such real property, but instead shall be transferred to the unsecured roll for collection.

(Ord. 612 § 2 (part), 1977)

Whenever the use of property not required to receive refuse collection service is altered so as to require such service, or whenever for any reason property is not set forth in the report and its service charges are not collected upon the tax roll, the franchise holder shall serve the property and collect any service charges by direct billing. Rates for such service shall be as set forth in the franchise.

(Ord. 612 § 2 (part), 1977)