Port Hueneme Municipal Code Part C Fees, Franchises, Permits and Licenses

(a) The City may impose charges and fees for collecting, inspecting, auditing, recycling, transferring and disposing solid waste and planning for and response to hazardous materials releases and spills. Rates for charges and fees must be set by ordinance in accordance with Health and Safety Code Section 5471.

(b) The City Council may, by resolution, waive permit fees for collection of green waste.

(c) The City Council, by resolution, may waive permit fees for collectors of green wastes.

(Ord. 645 § 6, 2003: Ord. 632 § 1 (part), 2000)

(a) The City Council may award one or more franchises, contracts, licenses or permits (collectively "franchises") for collection of solid wastes from all or a portion of single-family residential properties. Any such franchise shall be granted by the City Council by written resolution naming the collector, upon a determination that the public health, safety and well-being so require.

(b) The franchise shall be granted on such terms and conditions as the City Council shall establish in its discretion. At a minimum, however, the franchise shall provide:

(1) That the franchisee, permittee or licensee (collectively "franchisee") shall comply with the provisions of this Chapter as it, from time-to-time may be amended; and,

(2) That the franchisee shall be required to protect, defend, indemnify, and hold the City harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., and the California Health & Safety Code, as they may be amended from time to time and all regulations implementing these acts, and the common law; and

(3) That the franchisee shall be required to cooperate with City in solid waste generation studies and the preparation of waste stream audits, and to implement measures to reach the solid waste and recycling goals and reporting requirements mandated by AB 939, as it may be amended from time to time.

(4) That the franchisee shall be required to pay a franchise fee as a percentage of gross revenues, as determined by the City Council.

(5) That the franchisee shall be required to pay an infrastructure use fee, as may be set by the City Council.

(c) Any solid waste enterprise which asserts a right to collect solid waste pursuant to Public Resources Code Sections 49520 et seq., or other law, shall meet all standards required of holders of a franchise.

(Ord. 632 § 1 (part), 2000)

(a) The City Council may award one or more franchises, permits, contracts, licenses or permits (collectively, "franchises") for collection of solid wastes from commercial, industrial, governmental, military, institutional, and multifamily residential properties in the City. Any such franchise shall be granted by the City Council by written resolution, naming the collector, upon a determination that the public health, safety, and well-being so require.

(b) The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise, permit, or license shall provide as follows:

(1) That the franchisee shall comply with the provisions of this Chapter as it, from time-to-time, may be amended;

(2) That the franchisee shall be required to protect, defend, indemnify, and hold the City harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., and the California Health & Safety Code, as they may be amended from time to time and all regulations implementing these acts, and the common law;

(3) That the franchisee shall be required to cooperate with City in solid waste generation studies and the preparation of waste stream audits, and to implement measures to reach the solid waste and recycling goals and reporting requirements mandated by AB 939, as it may be amended from time to time;

(4) That the franchisee shall be required to pay a franchise fee as a percentage of gross revenues, as determined by the City Council;

(5) That the franchisee shall be required to pay an infrastructure use fee, as may be set by the City Council.

(c) Any solid waste enterprise which asserts a right to collect solid waste pursuant to Public Resources Code Sections 49520 et seq., or other law, shall meet all standards required of holders of a franchise.

(Ord. 632 § 1 (part), 2000)

No person shall construct or operate a solid waste management facility, including but not limited to a materials recovery facility, landfill, composting facility, buy-back or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals.

(Ord. 632 § 1 (part), 2000)

Every customer, including, without limitation, corporate and government entities, is liable for the fees and charges for collection. All charges, fees, penalties, and interest imposed pursuant to this Chapter are civil debts owed to the City by the customer.

(Ord. 645 § 7, 2003: Ord. 632 § 1 (part), 2000)

(a) Customers must pay the fees and charges imposed by this Chapter on a bi-monthly basis.

(b) Fees and charges are delinquent if unpaid on the twenty-second (22nd) day after a customer is billed.

(c) Upon delinquency, the City may give written notice to the delinquent customer that the bill is now overdue and payable in full and attempt to collect payment through all legal means.

(Ord. 645 § 8, 2003)

(a) Delinquent bills presented to a customer must include a written notice warning that nonpayment within five (5) business days of the earliest unpaid period may include collection charges and may result in a lien being recorded against the property for which collection service was rendered.

(b) The City must advise the debtor in writing that a minimum fee of ten percent (10%) of the bill amount is imposed in all collection cases, that an additional lien fee will be charged in all cases where the filing of a lien is necessary, and that thirty days (30) notice is given to allow payment of the debt to the City to avoid payment of the lien fee and to avoid a special assessment against property benefiting from collection service in the amount of all fees, charges, penalties, and interest.

(c) Originally billed amounts will be paid to the City's designated collector on a quarterly basis. All fees and lien charges collected will be retained by the City.

(Ord. 645 § 9, 2003)

The City may initiate proceedings to make delinquent collection service fees and charges a special assessment against properties owned by a customer indebted to the City in accordance with Health and Safety Code Sections 5470, et seq.

(Ord. 645 § 10, 2003)

Penalties will be imposed upon all delinquent charges as follows:

(a) Basic Penalty. A basic penalty of ten percent (10%) of total delinquent charges will be imposed as of the date of such delinquency; and

(b) Additional Penalties. An additional penalty of ten percent (10%) will be imposed on the total delinquent charges on each billing date upon which the charges remain unpaid.

(c) Limit of Penalty. The total penalty imposed may not exceed one hundred percent (100%) of the total of any such delinquent account.

(Ord. 645 § 11, 2003)

Failure to pay the fee assessed for the collection of solid waste, green waste, and recyclable materials in accordance with this Chapter, may, except as otherwise stated, result in the noncollection of solid waste, green waste, and recyclable materials, which condition the City Council may determine and may declare to be a threat to the public health, safety and welfare, and which condition may be declared to be, if permitted to exist, a public nuisance. The City will continue to collect solid waste, green waste, and recyclable materials when directed to do so by the City Manager, or designee.

(Ord. 645 § 12, 2003)

Where collection service is discontinued, service will not be restored until all required payments (including, without limitation, arrearage, penalties, and service charges) are paid in full. The City may also require a customer to pay a deposit to guarantee payment for future collection service in an amount determined by the City Council.

(Ord. 645 § 13, 2003)

All assessments remaining unpaid after thirty (30) days from the date of confirmation of the assessment by the City Council bear interest at the rate of seven percent (7%) per year from and after such date.

(Ord. 645 § 14, 2003)

(a) Any customer in the very low-income category who receives solid waste collection services at his or her personal residence may apply for a seven and one-half percent (7.5%) reduction in fees. Applications for reduced rates must be on forms supplied by the City. The applicant under penalty of perjury must supply all information required to be given on such forms.

(b) Reduced rates must be granted to qualifying applicants who file their applications with the City. A change of address terminates the special rate provided in this section, but a new application by such person at his or her new address may be made and the reduced rate allowed, if the requirements set out in this section are satisfied.

(c) For the purposes of this section, a "qualifying applicant" is defined as any household qualified under Southern California Edison's CARE program.

(d) The City Manager, or designee, may adopt such rules and regulations deemed necessary to properly carry out the provisions of this section.

(Ord. 645 § 15, 2003)

(Ord. No. 708, § 2, 9-6-11; Ord. No. 721, § 3, 2-1-16)