Part 8 — PAYMENT FOR RESIDENTIAL SOLID WASTE SERVICES

A.

The owner of each residential parcel shall pay for solid waste collection services made available to the residential parcel by the solid waste collector designated by the city to provide such services.

B.

For the purposes of this section, the owner of multi-family dwellings authorized to share containers pursuant to Section 9.10.420 shall be deemed to be the person designated as responsible for payment of charges in the written statement submitted to the director.

C.

Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for solid waste collection service charges are made by a property manager, homeowner association, or conservator on behalf of the owner. However, any such arrangement shall not relieve the owner of the obligation to pay for such services.

D.

The city council shall set the solid waste collection service charges in accordance with state law requirements.

E.

The city may collect payment of the residential solid waste collection service charges on the county secured property tax roll and collect payment remittances directly from the county for such charges as provided in this chapter. For any parcel not included on the tax roll, the city may bill the owner of the residential premises for the solid waste collection service charges and the owner shall remit payment to the city on or before the date specified in the bill.

F.

For solid waste collection service charges not collected on the tax roll, any bill not paid by the date specified in the bill shall be deemed delinquent and the director of finance shall initiate the assessment procedures set forth in this chapter.

G.

The owner of any parcel shall immediately inform the director of finance of any change(s) in any circumstances, which will in any way affect the applicability of the solid waste collection service charges applicable to the parcel or the amount of any such charges including but not limited to any sale, transfer or change in use of the parcel.

(Ords. 24315, 24684, 28859, 29562.)

A.

Pursuant to the provisions of Division 5, Part 3, Chapter 6, Article IV of the health and safety code of the state, and subject to the exceptions hereinafter set forth, the city elects, as an alternative procedure for the collection of solid waste collection service charges, to have all such charges for each fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately from, its general taxes.

B.

At least fifteen days in advance of the last city council meeting before the city is required to provide the Santa Clara County Tax Assessor with the amount of the solid waste collection service charges for the purpose of placing the solid waste collection service charges on the tax roll, the director of finance is hereby directed to prepare and file with the city clerk a written report describing all parcels served by the solid waste collection system for which solid waste collection service charges are to be billed and collected on the tax roll, and the amount of the solid waste collection service charges for each such parcel for the forthcoming fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the solid waste collection service charges for the forthcoming fiscal year.

C.

In the event that the director of finance fails to include a parcel in any required report to the city clerk, the solid waste collection service charges for that parcel for the forthcoming fiscal year shall be collected in the same manner as for parcels not on the tax roll as provided by this chapter.

D.

On or before the date that the city is required to provide the tax assessor with the amounts of the solid waste collection service charges for the purpose of placing the solid waste collection service charges on the property tax roll, the city clerk shall provide to the director of finance a copy of the director of finance's report with a statement endorsed thereon over the city clerk's signature indicating the final action on the report taken by the city council.

E.

The director of finance shall upon receipt of the city clerk's statement, cause the charges to be placed on the property tax roll and collected by the County of Santa Clara for the City of San José, as hereinafter provided. The county's tax collector shall enter the amounts of the charges against the respective parcels as they appear on the current assessment roll. If any such parcel is not described on the tax roll, the

county's tax collector may enter the description thereon, together with the amounts of the charges as shown in the report.

F.

The amount of the solid waste collection service charges shall constitute a lien against the parcel against which the charge has been imposed as of noon on the tax lien date then in effect for that fiscal year.

G.

The tax collector shall include the amount of the solid waste collection service charges on bills for taxes levied against the respective parcels located within the city. Thereafter, the amount of the solid waste collection service charges shall be collected at the same time and in the same manner and by the same person as together with and not separately from the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

H.

If any parcel receiving solid waste collection services are omitted from the above-mentioned director of finance's report or billing on the tax roll, either because the charge therefor was not ascertained by the city as of the date of said report, or for any other reason, the solid waste collection service charges for such parcel shall be collected in the manner provided elsewhere in this chapter. If the solid waste collection service charges for any parcel, as shown on said report for the forthcoming fiscal year is less than what the charge should be for any reason, the balance of such charge shall be collected in the manner provided for collection of solid waste collection service charges that are not placed on the tax roll.

(Ord. 29562.)

A.

In the event that solid waste collection service charges for the parcel identified in the director of finance's report do not exceed the solid waste collection service charges previously noticed for the parcel, the following notice and hearing procedures shall apply.

The city clerk shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the city. The publication of the notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day.

At the time stated in the notice, the city 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.

Upon the conclusion of the hearing, the city council may adopt, reduce, or modify any charge or overrule any or all objections provided that in no event may any charge be increased without following the procedure set forth in Subsection B below.

The city council shall make its determination upon each charge as described in the director of finance's report, and the determination shall be final.

B.

In the event that the solid waste collection service charges for any parcel exceeds the solid waste collection service charges previously noticed for that parcel, notice and hearing shall be provided for the increase, in accordance with any requirements imposed under state law.

(Ord. 29562.)

A.

For all parcels not on the tax roll, and for all parcels omitted by the director of finance from the report to the city clerk that is required by Section 9.10.1202, the director of finance shall prepare and mail a bill showing the total solid waste collection service charges computed in conformity with the provisions of this chapter and the city council resolution establishing fees for solid waste collection services for the service period provided.

B.

If the solid waste collection service charges for any parcel placed on the tax roll, or collected based upon billing was less than the actual services provided due to an error, the balance of the charges shall be collected by a bill based on a detailed statement showing the bases of the calculations, the location of the parcel and other relevant information.

C.

The director of finance shall mail any bill to the person or persons listed as the owners of the parcel on the last tax roll of the County of Santa Clara at the address shown on such assessment roll, or to the successor in interest of such owner if the name and address of such successor in interest are known to the director of finance.

D.

The solid waste collection service charges for such parcel shall be due and payable on the date the bill is mailed.

E.

Notwithstanding Subsection B and C above, if the bill for any one parcel exceeds one thousand dollars, at the option of the property owner, and provided that one-half of the bill is paid on or before the original due date on the bill and a written request to pay in installments is provided to the director of finance, extended payment terms may be granted at the director of finance's discretion.

(Ord. 29562.)

A.

Except as otherwise provided elsewhere in this chapter, the owner shall pay each solid waste collection service charges bill within the due date stated on the billing statement. Payments not made by the due date as indicated on the billing statement shall be deemed delinquent.

B.

For any solid waste collection service charges that are not billed on the tax roll, when a bill becomes delinquent, a late charge in an amount set forth in the schedule of fees established by resolution of the city council shall be added to the bill. The late charge shall be in addition to any administrative charges imposed pursuant to Section 9.10.1220 and in addition to any assessment charge imposed pursuant to Section 9.10.1270.

C.

In the event the late charge has not been paid prior to the recordation of a lien as provided in this chapter, the late charge shall be included in the amount of the lien.

D.

Notwithstanding Subsection A above, the director of finance may cancel the late charge for either single- family or multi-family solid waste collection services if:

The owner of the parcel, their property manager, home owner association, or conservator whose name appears on the bill can demonstrate that, prior to its due date, the owner did not receive a bill for the billing period for which the late charge is imposed; and

The owner files a request for cancellation with the director of finance within ninety days of receiving notice of the late charge.

E.

Notwithstanding Subsection A above, if the director of finance determines that a late charge was erroneously added to a bill for either single-family or multi-family solid waste collection service charges, the director of finance may:

Cancel the late charge in any case where the error is discovered prior to the payment of the late charge; or

Refund the late charge in any case where the error is discovered after the late charge has been paid.

F.

Notwithstanding Subsection A above, with respect to a late charge added to a bill for single-family or multi- family solid waste collection service charges, the director of finance may cancel the late charge in an amount not to exceed five hundred dollars if:

The owner of the single-family or multi-family premises, their property manager, homeowner association, or conservator whose name appears on the bill requests a cancellation within thirty days of receiving notice of the late charge; and

During the twenty-four-month period immediately preceding the billing date on the bill on which the late charge first appears, neither the owner, their property manager, homeowner association, or conservator whose name appears on the bill has been granted any other cancellation of a late charge for solid waste collection service charges at the single-family premises for which the bill was issued; and

Prior to the cancellation of the late charge, the owner, their property manager, home owner association, or conservator whose name appears on the bill pays the delinquent bill for which the late charge was imposed.

(Ords. 24315, 25436, 27708, 28859, 29562.)

For all late charges accrued under Section 9.10.1210, the director of finance shall initiate proceedings to make the total sum of solid waste collection service charges plus the late charge and any applicable administrative charges as set forth in the schedule of fees established by resolution of the city council a special assessment against the parcel(s) for which the solid waste collection service charges remain unpaid.

(Ords. 24315, 29562.)

A.

For all late charges and special assessments accrued under Sections 9.10.1210 and 9.10.1220, the director of finance shall prepare a report of delinquency and special assessment which shall include the name or names of the property owner, the address and assessor's parcel number of the property, the period of solid waste collection service for which the bill is delinquent, the amount due (including any late charges and administrative charges), and such other information as the director of finance determines appropriate.

B.

The director of finance shall present the report to the city council for a special assessment public hearing on the report and any protest or objections on the report. Such public hearings shall be held at such times as determined by the city council.

(Ords. 24315, 29562.)

A.

The director of finance shall cause written notice of the special assessment public hearing before the city council to be mailed to the owner of the parcel. Said notice shall state the time, date and place of the hearing and inform the owner of the owner's right to appear at the hearing and state any objections.

B.

The special assessment hearing notice shall be mailed to the owner of the parcel as such owner is designated in the last equalized assessment roll available on the date the director of finance causes the notice to be mailed and shall be mailed to such owner not less than ten days prior to the date of the special assessment hearing.

(Ords. 24315, 29562.)

A.

At the time fixed for consideration of the report of the director of finance, the city council shall hear it together with any objections of the owners liable to be assessed for delinquent charges. At such hearing, the owner may appear and offer evidence why the report should not be confirmed.

B.

The city council may make such revisions, corrections or modifications of the report as the council deems just.

C.

If the city council is satisfied with the correctness of the report, as submitted by the director of finance or as revised, corrected or modified by the city council, the city council shall confirm the report by resolution.

D.

If the city council determines that the report of the director of finance should be rejected, such rejection shall be by resolution of the city council.

E.

The decision of the city council on the report and on all protests or objections to the report shall be binding, conclusive and final.

(Ord. 24315.)

A.

Upon confirmation of the special assessment report by the city council, the delinquent solid waste collection service charges, the late charges and the administrative charges contained therein shall constitute a special assessment against the parcel for which the solid waste collection service charges bill remains unpaid. The director of finance shall record a lien in the office of the county recorder to secure the special assessment.

B.

The director of finance shall notify the owner of the parcel that the special assessment has been confirmed by the city council, that the solid waste collection service charges, late charges and administrative charges are due to the city, and that a lien securing the special assessment has been recorded.

(Ords. 24315, 29562.)

A.

The special assessment shall be collected at the same time and in the same manner and frequency as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes.

B.

The assessment shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The special assessment shall continue until all delinquent charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.

C.

At the time the special assessment is placed on the property tax roll, there shall be added to the special assessment a special assessment charge as set forth in the schedule of fees established by resolution of the city council.

(Ord. 24315.)

Any notice required to be given hereunder by the city or the director of finance to an owner shall be sufficiently given or served upon the owner for all purposes hereunder if personally served upon the owner or if deposited, postage prepaid, in the United States Mail addressed to the owner of the parcel assessed in the last equalized assessment roll available or, if no such address is available, to the address of the residential premises.

(Ords. 24315, 29562.)

As an alternative to the procedures set forth in Sections 9.10.1230 through 9.10.1260, the public hearing before the city council and the imposition of a special assessment lien by the city council referenced in those sections may be conducted and imposed by a designated body pursuant to Chapter 1.18 of this Code.

(Ord. 25264.)

A.

If any owner disputes the amount of the solid waste collection service charges in any bill, including but not limited to any bill collected on the tax roll, the owner shall, within thirty days after the date such bill or invoice is mailed and no later, file a claim disputing the bill with the director of finance accompanied by detailed supporting factual data in support of the claim.

B.

It shall be the duty of each owner to provide to the director of finance that such bill or invoice is in error and the correct amount thereof. If the director of finance determines that the bill or invoice was in error, the director of finance shall correct the bill, and if the bill has been paid, issue a refund.

C.

Failure to dispute the amount of the charges in accordance with this section shall be deemed acceptance of the correctness of the charges.

D.

The city shall not be liable for interest on any amount determined to be refunded.

(Ord. 29562.)

Incorrect categorization of property for billing purposes shall be considered a clerical error or arithmetic miscalculation, subject to the correction and refund provisions of Section 1.17.030 of this Code. The city shall not be liable for interest on any amount determined to be refunded.

(Ord. 29562.)