Article 3 — Charges

• A. There are hereby imposed by the City, fees and charges for the collection, removal and disposal of garbage, rubbish and other refuse matter within the City. Such fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix and establish by resolution. Such fees and charges may be changed by the City Council from time to time by resolution, and the same shall respectively be applicable for the respective periods designated in, or covered by, such respective resolutions.

• B. The occupant of each place or premises shall be liable for payment of all such fees and charges. Should any place or premises be unoccupied, or should the occupant thereof fail to pay all such fees and charges before the same become delinquent, then and in either such event the owner of such place or premises shall be liable for the payment of all such fees and charges, including any delinquency.

• (Prior code § 33-20)

Every occupant or owner of real residential property in the City and who the City contractor defines as a residential account holder shall be billed periodically in advance, either monthly or quarterly, by the City contractor for the charges incurred for the collection of garbage, rubbish and other refuse.

• A. Should any owner or occupant fail, refuse or neglect to pay any such bill, penalty fees shall be added to the bill by the City contractor.

• B. Should the occupant or owner of real residential property in the City and who the City contractor defines as a residential account holder fail or refuse to pay in accordance with the provisions hereinabove the fee assessed for the collection of garbage, rubbish and other refuse, then and in that event, the City contractor shall advise the City Manager or duly authorized representative of such refusal. In the event that there is nonpayment, the contractor shall cause collection of such nonpayment to be made, and the expenses and charges of collection, including penalties, to be assessed against the property as provided herein. The City contractor shall continue to collect garbage, rubbish and refuse when directed to do so by the City Manager or duly authorized representative even though there be nonpayment, and in such event all sums and costs incurred thereby shall be recovered as hereinafter provided.

• C. The City contractor shall make all reasonable efforts to diligently pursue and collect all fees and charges due the City contractor for rendering such services to the satisfaction of the City Manager; in event of delinquency, the contractor shall also notify the owner of the real property.

• D. All costs incurred by the City and payable by the City to the City contractor as hereinafter set forth shall be recoverable by the City and charged against the real property from which the garbage, rubbish or other refuse was collected. After the City contractor has made all reasonable efforts to diligently pursue and collect all fees and charges rendered for refuse service, it shall be the duty of the City contractor to provide to the City, individual letters of delinquency which contain the name of the owner and/or occupant, the address as of the latest tax roll, including the legal description of such properties, and the amount delinquent and unpaid, the amount of the penalty, collection costs and costs of abatement for any delinquent accounts. The City Manager or duly authorized representative shall then provide one notice to the property owner of such amount. Such notice shall further declare that the City Council shall, at its next regular meeting, review and approve as an assessment against the property the amount delinquent and unpaid, the amount of the penalty, collection costs, including administrative costs incurred hereby, and costs of abatement. If the total assessment determined and approved by the City Council is not paid within 10 days after such determination, then and in that event, there shall be recorded in the office of the County Recorder a statement of the total balance due, together with the legal description of the property affected. From and after the date of such recordation, the balance due shall be a special assessment against the real property. The assessment shall be collected at the same time and in the same manner as are County taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

• E. The City contractor shall be fully reimbursed in the amount due him or her on an unpaid account less 10% when the assessed amount is recovered.

• F. Any occupant or owner of real residential property in the City and who the City contractor defines as a residential account holder, who has been billed for refuse collection service, and who desires to contest the extent, degree or reasonableness of the charges, shall make payment of such charges under protest and, at the same time, file a written statement of such protest with the City Manager or duly authorized representative. Within 30 days after the date of filing, the City Manager or duly authorized representative shall notify the protestant of his or her findings and adjudication and adjustment in the matter. Within 15 days after such notice of the decision of the City Manager or his or her duly authorized representative, the protestant may appeal in writing to the City Council, whose determination, in a regular meeting, shall be final.

• (Prior code § 33-21)

• A. In the event that any owner or occupant of any premises claims exemption from payment of any of the fees or charges imposed by this article, or any resolution adopted pursuant thereto, on the ground that no garbage, rubbish or other refuse matter will be placed or offered for collection from such premises, the City Manager or duly authorized representative, in reliance upon any such statement or representation, may exempt such premises from such charges and fees; provided, that any such statement or representation shall be in the form of an affidavit, duly sworn to by the person making such statement or representation, and filed with the City Manager or duly authorized representative; and further provided, that such exemption shall be valid only for the time that the representations or statements made in such affidavit continue to be true.

• B. The period of such exemption shall be specified in the affidavit. Each such exemption shall expire at the end of one year after the same is filed with the City Manager or duly authorized representative, or at the end of the calendar year in which the exemption is allowed by the City Manager or duly authorized representative, whichever occurs sooner.

• C. Each person receiving such exemption shall, within seven days after the facts stated in his or her affidavit no longer exist, report the same to the City Clerk.

• (Prior code § 33-22)

Article 4 Garbage in Quarantine Areas

For the purpose of this article the word "garbage" is defined to be all animal and vegetable refuse that shall have resulted from animal or vegetable matter prepared for or intended to be used as food, or that shall have resulted from the preparation of food. (Prior code § 33-23)

Whenever a communicable disease is found to exist in animals or human beings in the City, and in the opinion of the County Health Officer the preservation of the public health and safety demands the sanitary disposal of garbage in a given infected area, in the manner hereinafter provided, the Health Officer may designate the areas as a quarantine district. (Prior code § 33-24)

In all quarantine districts established by the County Health Officer pursuant to Section 13.20.240, it shall be the duty of every householder or person occupying a dwelling or a flat, manager or person in charge or control of any boardinghouse, restaurant, hotel, apartment, eating house, food market or food store or other place where garbage is found to exist, to cause to be kept portable vessels, tanks or receptacles for holding garbage. Each of such vessels, tanks or receptacles shall be constructed of metal and shall be provided with a tight-fitting metal cover. (Prior code § 33-25)

In all quarantine districts it is unlawful for any garbage to be fed or otherwise disposed of in any manner on the premises. All garbage in such districts shall be transported out of the districts and there disposed of in any lawful manner. It is the duty of every householder and all other persons enumerated in Section 13.20.250 to keep in metal containers any garbage accumulated on his or her premises, and to provide for the removal of such garbage at least twice a week. (Prior code § 33-26)

The County Health Officer is hereby charged with the duty of enforcing this article. (Prior code § 33-27)