Pomona Municipal Code § 62-674 Deposit to ensure prompt payment

Footnotes:

--- (10) ---

State Law reference— Fees, Public Resources Code § 41900 et seq.

This division shall apply to residential collection of solid waste, recyclables and green waste.

No person shall place or allow to be placed in any residential refuse container, trash bag or bundle any hazardous material or toxic substance. The presence of any hazardous material may cause the city to refuse to collect the refuse in the container, bag or bundle where the hazardous material is present.

(Code 1959, § 12-16; Ord. No. 3884, § 1 (part))

Cross reference— Environment, ch. 18.

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in section 62-792 of this article:

(a) Shall subscribe to city's organic waste collection services for all organic waste generated as described below in section 62-653(b). City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR section 18984.9(c).

(b) Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.

(1) A three- and three-plus-container collection service (blue container, green container, and black container)

a. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.

(Ord. No. 4304, § 2, 8-2-2021)

(a) A monthly fee or such other charges from customers for the collection of residential solid waste, recyclable solid waste, and organic waste in the city shall be collected on the basis of the fee schedule set forth in the agreement between the franchised hauler and the city, as adjusted in accordance with such agreement. Payment of such fees shall be made directly to the city's franchised hauler.

(b) No exemption from the residential refuse or recycling fee shall be granted unless the property has been acquired by a person and the person is renovating or rehabilitating the property and such exemption is agreed upon by the person and the city's franchised hauler. This exemption is from payment of the residential refuse and recycling fee only, and it is only given while the property is unoccupied and under renovation. Prior to receiving this exemption, the person shall have applied for and been issued a building permit for the renovations by the city. This exemption shall expire upon completion of the renovation, occupation of the property or expiration of 180 days from the date the building permit was issued, whichever occurs first. Within seven days following completion of the renovation or occupation of the property, the person shall advise the utility services department in writing, and the exemption shall become of no further effect. The person shall include in the notice the name of the occupant. Payment of the residential refuse and recycling fee shall be imposed retroactive to the date of completion or occupation of the property.

(c) Reserved.

(d) Reserved.

(c) Notwithstanding any other section of this Code, the fees and charges set forth in this section for the basic rate for residential collection and disposal of solid waste, recyclable solid waste, and organic waste shall be automatically updated annually on July 1 each year, beginning July 1, 2024, by an adjustment to the basic rate as follows: The annual adjustment shall be made by multiplying the rate and fee included in the schedule set forth in the agreement between the franchised hauler and the city pursuant to the formula for annual rate adjustments set forth in such agreement. The result of the calculations shall be rounded to the next lower cent and added to the old rate to become the rate for the ensuing year. The new rate shall be effective on each July 1, thereafter, subject to compliance with all public noticing and hearing requirements established by applicable California state law.

(Code 1959, § 12-7; Ord. No. 3884, § 1 (part); Ord. No. 3914, § 1; Ord. No. 4093, §§ 1, 2, 10-15-2007; Ord. No. 4331, § 2, 6-5-2023)

All owners or occupants of improved residential property within the city shall pay a residential solid waste, recyclable solid waste, and organic waste collection fee for residential sold waste, recyclable solid waste, organic waste collection street sweeping, , neighborhood cleanup or such other service benefitting the property. This fee, if applicable, shall be determined by the city council by resolution and may be changed by the council by resolution to be applicable for the periods designated.

(Code 1959, § 12-8; Ord. No. 3884, § 1 (part); Ord. No. 4331, § 3, 6-5-2023)

Editor's note— Ord. No. 4327, § 4, adopted January 23, 2023, repealed § 62-673, which pertained to liability for payment and derived from the Code of 1959, § 12-9; and Ord. No. 3884, § 1 (part)).

When any person fails to remit payment within 30 days after the bill has been rendered for residential solid waste, recyclable solid waste, and organic waste collection services, the city's franchised hauler may require a deposit equal to four months' service fees in advance of any additional service.

(Code 1959, § 12-10; Ord. No. 3884, § 1 (part); Ord. No. 4327, § 4, 1-23-2023; Ord. No. 4331, § 5, 6-5-23)

The director of finance shall establish and maintain a sanitation enterprise fund.

(Code 1959, § 12-11; Ord. No. 3884, § 1 (part))

The city's franchised hauler shall bill for residential solid waste, recyclable solid waste, and organic waste collection services. The city's franchised hauler shall bill for rental of automated containers.

(Code 1959, § 12-12; Ord. No. 3884, § 1 (part); Ord. No. 4331, § 6, 6-5-2023)

Editor's note— Ord. No. 4331, § 7, adopted June 5, 2023, repealed § 62-677, which pertained to refunds and derived from the Code of 1959, § 12-13; and Ord. No. 3884, § 1 (part)).