San Fernando Municipal Code Art. III Rates

The city council may, by resolution or an approved collection agreement, place a limit on the rates, fees, and charges (collectively, "fees") collectors may charge to residential owners and to commercial/industrial business owners for the collection of solid waste and recyclables. No collector shall charge any fee that is greater than the maximum permitted by the city council, unless otherwise authorized in this chapter.

(Ord. No. 1536, § 3, 10-21-2002)

The billing and collection of the fees imposed by the collectors for solid waste and recyclables collection services shall be the responsibility of the collector, and the city shall have no liability or responsibility therefor. Every commercial/industrial business owner and residential owner shall pay the collector the applicable fees for collection services rendered pursuant to this chapter. The foregoing notwithstanding, the city council, in its sole and absolute discretion, reserves the right, but does not assume the obligation, to avail the city of the provisions and procedures of Health and Safety Code Sections 5473 and 5473a relating to the collection of delinquent solid waste service charges on the tax roll.

(Ord. No. 1536, § 3, 10-21-2002; Ord. No. 1655, § 4, 5-16-2016)

(a) Rate for standard residential collection service. Notwithstanding sections 70-31 and 70-32, the rate for standard residential collection service shall be $16.45 per month. A "lifeline" rate of $13.98, being a 15 percent reduction in the standard monthly residential charge, shall be available for any dwelling unit receiving standard residential collection service in which the household combined adjusted gross income (as used for purposes of the state personal income tax law) of all members of the household, for the prior calendar year, complies with the income limits as published by the state department of housing and community development in Title 25, Sec. 6932, California Code of Regulations, Los Angeles County, for very low income. The city administrator shall establish procedures for implementing the lifeline rate.

(b) Annual rate adjustment. On July 1, 2004 and on July 1 of each year thereafter, the rates imposed under subsection (a) of this section 70-33 shall automatically increase by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for Los Angeles-Anaheim-Riverside (1982-84 equals 100) as published by the United States Department of Labor, Bureau of Labor Statistics (Index), rounded to the nearest cent. The increases shall be cumulative. In determining the percentage increase, the index for the month of May immediately preceding the adjustment date shall be compared with the index for the like month of the previous year. In no event, however, shall the rates imposed be adjusted downward to reflect a percentage decrease in the index.

(c) Collection of delinquent charges.

(1) Pursuant to, and to the extent authorized by, Health and Safety Code Sections 5473 and 5473a, the city may collect delinquent fees or charges for solid waste and recyclables collection services incurred by a customer on the tax roll for collection by the Los Angeles County Assessor's Office.

(2) The owner of any real property parcel or portion thereof located within the city and a customer whose service account provides for the performance of solid waste and recyclables collection services at the subject real property parcel are jointly and severally liable for the payment of all fees and charges imposed by the collector for the performance of such services. Owners and customers shall also be liable for compliance with all provisions of this chapter as relates to the subject real property parcel or portion thereof receiving solid waste and recyclables collection services.

(3) A solid waste and recyclables collection services bill lawfully issued by a collector to a customer shall be considered past due if not paid by a customer within 30 calendar days from the date payment is due or such longer grace period as may be authorized by written agreement between the customer and the collector. If such a bill becomes past due, the collector shall be required to issue notice to the customer that the bill is delinquent. If the bill is not paid in full within 30 calendar days from the date the service bill is deemed past due, the collector shall issue a second notice of delinquency to the customer and shall also send a copy of the second notice of delinquency to the owner, if different from the customer. Each delinquency notice shall include the following information at a minimum:

a. A statement advising the customer that the service bill is past due;

b. Information as to the service period to which the past due sums relate; and

c. Information as to where the customer may remit any and all past due sums;

d. Information as to the proper procedures for disputing any sums set forth in a service bill; and

e. Notice in bold print and capital letters that the matter will be submitted to the city for collection pursuant to the tax lien procedures established under this section, if the bill is not paid within 30 calendar days from the date a second notice of delinquency is dated.

No later than the close of business on May 1 of each calendar year, a Collector may submit to the city a schedule of all unpaid delinquent billings from May 1 of the preceding year to May 1 of the present year accompanied by the corresponding parcel number for the real property parcel or portion thereof in question, as established or otherwise utilized by the Los Angeles County Assessor. The schedule shall also state the amount due for each delinquent customer account for inclusion of said amount upon the property tax roll for collection by the Los Angeles County Assessor's Office. No delinquent billing shall be eligible for submission to the city on or before the 30th calendar day following the issuance of the collector's second past due billing notice. No delinquent billing shall remain eligible for submission to the city after one year from the date the delinquent billing first becomes eligible for submission to the city.

(4) In addition to any other requirements set forth under Health and Safety Code Sections 5473 and 5473a, the city shall adhere to the following procedures before submitting delinquent fees and charges to the Los Angeles County Assessor's Office for placement on the tax roll:

a. The city will fix a time, date and place for a public hearing regarding the report of delinquencies submitted by the collector and any objections and protests to the report. Notice of the hearing shall be mailed to the owner of every real property parcel listed on the report not less than ten days prior to the date of the hearing. At the hearing, city shall hear any objections or protests of owners liable to be assessed for delinquent fees or charges. The city may make revisions or corrections to the report as it deems appropriate, after which, by resolution, the report shall be confirmed.

b. The delinquent fees and charges set forth in the report as confirmed shall constitute special assessments against the real property parcels listed in the report and are a lien on said real property for the amount of the delinquent fees and charges. A certified copy of the confirmed report shall be filed with the Los Angeles County Assessor's Office for the amounts of the respective assessments against the respective real property parcel as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the Los Angeles County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property 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.

c. City shall remit to the collector amounts collected pursuant to this process within 30 days of receipt from the Los Angeles County Assessor, less any outstanding sums owed by the collector to the city. In order to reimburse the city for any and all administrative costs associated with placing delinquent fees and charges on the tax roll and except as otherwise provided in any collection agreement between the city and a collector, the city may deduct from the sums remitted by the Los Angeles County Assessor for a given tax year an amount equal to the lesser of the following: (a) the city's actual costs incurred to undertake the placement delinquent fees and charges on the tax roll, including but not limited to any and all fees or charges imposed by the Los Angeles County Assessor associated with the placement of the delinquent fees or charges on the tax roll as well as costs associated with all publication and noticing efforts; or (b) five percent of the total delinquent sums placed on the tax roll on behalf of an individual collector.

(Ord. No. 1536, § 3, 10-21-2002; Ord. No. 1655, § 5, 5-16-2016)

A monthly NPDES/street sweeping fee is levied upon every commercial/industrial business owner and residential householder in the city for street sweeping services. The NPDES/street sweeping fee shall be apportioned among and collected from solid waste customers in an amount and manner determined by the city council by resolution. This fee shall be in addition to any fees paid by customers under sections 70-32 and 70-33 of this article.

(Ord. No. 1551, § 3, 7-6-2004)