Sierra County Municipal Code Ch. 8.05 Solid Waste System Fees and Charges

A. Pursuant to the provisions of Section 6 of Article XIII D of the California Constitution, Cal. Gov’t. Code § 25830 and/or Cal. Health & Safety Code §§ 5470 et seq., the Board of Supervisors is authorized to establish a schedule of fees for solid waste services provided by the county to the residents, businesses, property owners and any others that may benefit from the use of the county solid waste disposal system or the immediate availability of such system for use by their properties. Revenue from the fees may be used only for the acquisition, operation, and maintenance of county waste disposal sites and disposal services. The Board is hereby authorized to establish such schedule of fees annually and may do so by enactment of either a resolution or an ordinance. It is the intent of this chapter to authorize the continued use of the solid waste fees, and to authorize and direct that the actual schedule of fees for each year be established annually by the Board of Supervisors by the adoption of a resolution of the Board, based on the most recent waste generation information obtained by the county that fairly reflects the anticipated waste generation arising from each parcel, enterprise or activity.

B. Annually, on or before the first day of July of each calendar year, the Board of Supervisors may elect to continue or to adjust the fees for solid waste disposal based upon the refuse generation factors as established in a resolution to be adopted by the Board of Supervisors. Solid waste fees shall be imposed on the owners of property for the estimated use of the solid waste system by the property or the immediate availability of the solid waste system for use by the property. As used herein “immediate availability” or “immediately available” shall mean that the property is developed with a structure or otherwise used, the customary nature of which is that the use of the structure or the customary use of the property would normally generate solid waste or create a need to dispose of solid waste from the property and as to which the county solid waste system is available to the property owner for his or her use. The election of a property owner not to use his or her real property for any period of time does not negate the fact that the county solid waste system is available for the property owner’s use. (Immediate availability shall be interpreted consistent with the court ruling in Paland v. Brooktrails Township Community Services Dist. Bd. of Directors, 176 Cal.App.4th 158.) In the event that the Board does not adjust the solid waste fees from the preceding year, the fees shall be deemed to remain at the level (amount) set forth in the preceding year.

C. In each fiscal year all real property, enterprises, entities or persons within the county that use the county solid waste system and all real property, which the county reasonably determines is developed or otherwise used in a manner, the nature of which development, structure or use would typically be expected to generate solid waste from the property and as to which the solid waste system is immediately available to the property to accept any waste or refuse generated therefrom, shall pay a solid waste fee based upon the volume of refuse generation from the property or estimated to or reasonably occur from the property based on the nature of the permitted use of the property, which generation factors shall be established in the most recently adopted resolution of the Board of Supervisors.

D. The fees may be billed and collected on a monthly or yearly basis. Alternatively, the fees may be billed and collected by the County Tax Collector as part of the regular county tax billing system at the same time and in the same manner as provided for real property taxes and shall incur the same penalties and interest thereon as provided for property taxes, and delinquencies may be enforced and collected in the same manner as for property taxes. (Ord. 1048, eff. 10/19/13; Ord. 1022, eff. 7/15/10; Ord. 934, eff. 6/21/02; Ord. 918, eff. 6/30/01; Ord. 908, eff. 8/4/00)

Individuals who hold entitlements (including but not limited to grazing permits) and who otherwise do not pay a solid waste fee for real property within Sierra County may, notwithstanding any provision in this code to the contrary, be allowed to use the county solid waste system (system) for disposal of their household refuse subject to compliance with the following provisions:

A. Annually, persons or entities holding current permits or other entitlements for the use of property in Sierra County may make application to the county solid waste fee administrator, on a form to be provided by the Administrator, for a right to use Sierra County solid waste system during each fiscal year (July 1st to June 30th) or for any part thereof. The application shall list to the satisfaction of the Fee Administrator the specific property or properties that will generate the municipal solid waste (household refuse) that is to be disposed of through Sierra County system.

B. Only municipal solid waste from dwelling units (including without limitation travel trailers) shall be allowed to be disposed of through the Sierra County solid waste system. Household hazardous waste, green waste, or refuse from agricultural, commercial or industrial operations on the property are expressly prohibited from being disposed of through the system.

C. The property owners shall be assessed by the solid waste fee administrator and pay in advance for the fiscal year a solid waste fee based on the number of dwelling units on the property at the residential rate then in existence for properties within the county. The solid waste fee shall not be discounted or reduced based on use of the system for less than the full fiscal year.

1. Upon approval of and payment of the fees by a property owner who is authorized to use the solid waste system under the provisions of this section, the solid waste fee administrator shall provide written notification to the Public Works Department, as the operators of the solid waste system, of the authorization for use and the Public Works staff shall thereafter provide access to the landfill for such person(s) – but only for the disposal of customary residential waste – both in terms of the quantity and type of waste. (Ord. 1048, eff. 10/19/13)

Notwithstanding any provision in this code to the contrary, the Board has determined that certain properties that may be within both Sierra and Plumas counties may be allowed to use the county solid waste system (system) for disposal of their household refuse subject to compliance with the following provisions:

A. Annually, the owners of properties described above may make application to the county solid waste fee administrator, on a form to be provided by the Administrator, for a right to use Sierra County solid waste system during each fiscal year (July 1st to June 30th) or for any part thereof. The application shall list to the satisfaction of the Fee Administrator the specific property or properties that will generate the municipal solid waste (household refuse) that is to be disposed of through Sierra County system.

B. Only municipal solid waste from residences shall be allowed to be disposed of through Sierra County solid waste system. Household hazardous waste, green waste, or refuse from agricultural, commercial or industrial operations on the property are expressly prohibited from being disposed of through the system.

C. The property owners shall be assessed by the solid waste fee administrator and pay, in advance, for the fiscal year a solid waste fee based on the number of dwelling units on the property at the residential rate then in existence for properties within the county. The solid waste fee shall not be discounted or reduced based on use of the system for less than the full fiscal year.

D. Upon approval of and payment of the fees by a property owner who is authorized to use the solid waste system under the provisions of this section, the solid waste fee administrator shall provide written notification to the Public Works Department, as the operators of the solid waste system, of the authorization for use, and the Public Works staff shall thereafter provide access to the landfill for such person(s) – but only for the disposal of customary residential waste – both in terms of the quantity and type of waste.

E. Owners of property as described above may be allowed to dispose of refuse in addition to the customary residential waste from agricultural, commercial or industrial operations on the property, by contracting for hauling service of such waste from a solid waste haulers as otherwise authorized by this code. (Ord. 1048, eff. 10/19/13)

Parcels within the following described tax rate areas or which are identified below are determined to be properties as to which no service is provided and no fee imposed and accordingly exempt from the solid waste system improved solid waste fees levied pursuant to SCC 8.05.010:

(Ord. 1048, eff. 10/19/13; Ord. 1022, eff. 7/15/10; Ord. 958, eff. 6/16/04; Ord. 934, eff. 6/21/02; Ord. 918, eff. 6/30/01; Ord. 908, eff. 8/4/00)

A. Any solid waste fee shall be adjusted where, upon application filed by the property owner or upon discovery by the solid waste fee administrator, it is established that:

1. As to single-family residences, the property was erroneously classified (i.e., shown as some other type of use), or the solid waste system is not immediately available for use by the subject property.

2. As to mobile home parks and multifamily residential properties, the total number of units that are available for occupancy during the year (or any portion of the year) has been erroneously calculated.

3. As to all other uses or classes of property, the estimate, based on the information available as of April 1st of the preceding year, of the amount of refuse that is reasonably expected to be generated therefrom during the entire fiscal year (July 1st to June 30th), has been erroneously calculated.

B. The following procedures shall apply with regard to any request for adjustment:

1. Any property owner, business owner or other person or entity responsible for paying for the cost of solid waste disposal may seek an adjustment of solid waste fee as to his or her property, enterprise or activity, on or before December 1st of the fiscal year in which the solid waste fee was imposed, by filing an application for adjustment (which shall constitute an appeal) with the solid waste fee administrator on the form to be provided by the county for that purpose. The application shall be executed under penalty of perjury but shall not require any filing fee, unless a filing fee is otherwise enacted by resolution of the Board of Supervisors. The application shall include information sufficient to identify the property, the type(s) and number of structures, the enterprise or activity and the nature of the use or uses occurring on the property. If the property contains multiple residential units, the applicant shall state the number of units that are or may be located on the property during the year. In addition, for all nonresidential properties for which an application for adjustment is filed, the application shall state the amount of refuse that the property (or business) owner or other person or entity responsible for the solid waste generation and/or disposal reasonably anticipated, based on the information available as of April 1st of the preceding year, to be generated during the ensuing fiscal year, together with a detailed explanation of the method and basis for calculating the projected refuse generation for the property, enterprise or activity and shall include all supporting documentation.

2. Upon receipt of any such application, the solid waste fee administrator shall promptly review same to determine whether the appropriate solid waste fee was imposed in accordance with the provisions of this chapter and any implementing resolutions. The solid waste fee administrator shall be authorized to approve any adjustment upon a determination that the adjustment is in keeping with the provisions of this chapter.

3. The solid waste fee administrator shall also be directed to make adjustments to solid waste fees billed to any property owner, enterprise or person conducting an activity thereon, where it is determined that the owner, enterprise, person or entity has been undercharged for its actual or reasonably estimated use of the county solid waste system upon discovery of facts warranting an adjustment. Any correction of the solid waste fee to increase the solid waste fee shall be made on or before June 30th of the current fiscal year.

4. If the solid waste fee administrator adjusts the solid waste fee for any property, enterprise, or person or entity conducting an activity which generates solid waste, so as to lower or raise the solid waste fee, he/she shall authorize a refund of the amount, which the solid waste fee administrator determines represents the overcharge. Any such refund shall be paid out by the Auditor only (a) upon certification by the solid waste fee administrator that he/she has verified that the full amount of the solid waste fee has previously been paid, or (b) if the solid waste fee has not been paid in full, then upon written request by the property owner or other responsible person, the Auditor shall issue a warrant representing the amount of the refund which shall be made payable to the Tax Collector and which shall be tendered by the Auditor to the Tax Collector only at the time the property owner or other responsible person tenders payment in full of the solid waste fees. Any such certification by the solid waste fee administrator shall identify the property (by Assessor’s parcel number), or other location generating the solid waste, together with the property owner, enterprise or activity (and responsible person), the solid waste fee as imposed, the corrected amount and the amount to be refunded.

5. If the solid waste fee administrator adjusts the solid waste fee so as to raise the solid waste fee, a supplemental bill shall be issued by the solid waste fee administrator for any increase in the solid waste fee.

6. If an application for adjustment is denied by the solid waste fee administrator, the property or business owner or other person or entity responsible for payment of the solid waste fee may, within 60 days of the mailing of written notification of the solid waste fee administrator’s decision, file an appeal with the Board of Supervisors for further review on the application for adjustment. The application for review by the Board of Supervisors shall be on a form to be provided by the County Clerk, as the Clerk of the Board of Supervisors. The appeal shall be accompanied by a written statement of facts fully and fairly describing the basis for the appeal (demonstrating the misapplication of the solid waste fee to the property) and by copies of all relevant documents in support of the appeal. There shall be no charge for the filing of the appeal. The Board of Supervisors shall hear all such appeals, or the Board may establish such other hearing body or officer as it deems appropriate to hear and decide appeals filed under the provisions of this section. All references herein to the Board of Supervisors as the appeal body shall be deemed to mean such other hearing body or officer as the Board may subsequently establish.

7. Upon receipt of an application for review by the Board of Supervisors, the Clerk of the Board shall endeavor to schedule an appeal hearing within 120 days from the receipt of the application. The Clerk shall provide the applicant mailed notice no later than 10 calendar days in advance of the hearing date. A copy of the notice shall be promptly transmitted to the solid waste fee administrator.

8. At the appeal hearing the applicant may be allowed no more than 30 minutes to present his or her evidence concerning the waste generation occurring on the subject real property or from the subject enterprise or activity. The solid waste fee administrator shall have a representative present to provide a statement of the reasons for the solid waste fee administrator’s decision regarding the adjustment request. Based upon the information submitted with the appeal application and received at the hearing, the Board shall determine the reasonable estimate of the refuse generation therefrom in order to impose the appropriate solid waste fees in accordance with the provisions of this chapter and the latest adopted resolution imposing solid waste fees (solid waste fees) for the present fiscal year.

9. The Board shall announce its decision at the conclusion of the hearing or within 21 days thereafter. If the Board does not orally announce its decision at the conclusion of the hearing, upon its subsequent announcement it shall direct the County Clerk to promptly mail written notice of the Board’s decision to the applicant. If the Board orally announces its decision at the conclusion of the hearing, the Clerk will not be required to provide the applicant with written notification of the Board’s decision.

If the Board adjusts the solid waste fee for any property, enterprise, or person or entity conducting an activity which generates solid waste, so as to lower or raise the solid waste fee, the Board shall authorize a change in the amount of the solid waste fee. If the Board adjusts the solid waste fee so as to lower the fee, the Board shall authorize a refund of the amount that the Board determines represents the overcharge. No refund shall be made until the solid waste fee is paid in full. Any such refund shall be paid out by the Auditor only upon certification by the solid waste fee administrator that the full amount of the solid waste fee has been paid. The certification shall also identify the property (by Assessor’s parcel number) or the location generating the solid waste, together with the property owner, enterprise or activity (and responsible person), the solid waste fee as imposed, the correct amount of the fee and the amount to be refunded. Upon certification, the Auditor shall issue a warrant representing the amount of the refund.

If the Board adjusts the solid waste fee so as to raise the solid waste fee, a separate bill shall be issued by the solid waste fee administrator for any increase in the solid waste fee. (This shall be a separate bill and shall not be a supplemental property tax bill.)

10. Any suit to attack, set aside, void or annul any decision of the Board of Supervisors regarding the classification, use, size of buildings or actual refuse generation of property for the purpose of solid waste fees shall be filed in the Sierra County Superior Court within 30 days of the Board’s oral pronouncement of its decision or, if no oral decision is rendered at the hearing, within 30 days of the date of the mailing of the notification of the Board’s decision. Any such suit shall be brought pursuant to the provisions of Cal. Civ. Proc. Code § 1094.5. (Ord. 1022, eff. 7/15/10; Ord. 958, eff. 6/16/04; Ord. 937, eff. 12/15/02; Ord. 934, eff. 6/21/02)

A fee for solid waste disposal shall be assessed at the time of the issuance of a building and/or demolition permit for any construction in Sierra County. The solid waste fee shall be based on the type of construction permit that is being issued or by the type of activity contemplated through the issuance of the building or demolition permit. Fees shall be based on the following table:

*This cost/fee shall adjust periodically to the fee per loose cubic yard set by the Board of Supervisors pursuant to SCC 8.04.420.

(Ord. 942, eff. 6/20/03; Ord. 879, eff. 3/5/99; Ord. 868, eff. 6/15/98)

Disposal fees (as a form of user fees) for the use of Sierra County landfill and/or for any convenience (transfer) station provided by the county are hereby established and shall be effective as of July 1, 1997.

A. Gate Fees.

1. Property Paying Parcel Charges. Except for special wastes and wood wastes, any person, firm or entity that brings refuse to Sierra County landfill or to any county transfer station, the origin of which is from a residential property, as defined in SCC 8.04.040(A), and which property has paid a parcel charge pursuant to the provisions of SCC 8.05.010, and which refuse is properly source separated as defined in SCC 8.04.010, and which refuse does not exceed the average waste generation from residents based on 17 loose cubic yards per year, shall not pay a gate fee. Any exception as to the amount or types of waste coming from any such properties shall be subject to payment of the gate fees established hereunder.

2. Waste from Other Sources. Waste from any source other than included in subsection (A) of this section shall pay a gate fee for the disposal of solid wastes in accordance with the actual costs incurred by the county (including costs associated with the long term environmental and potential remediation of wastes), as may from time to time be established by the Board of Supervisors through the latest adopted resolution.

3. Transfer Station Surcharge. A surcharge for use of county transfer stations shall be charged for registered waste haulers transporting and disposing of items under SCC 8.04.035(C)(2) or (C)(3) at any county transfer station. Notwithstanding any other provision of this code, a person or business registered with the county under the provisions of SCC 8.04.035(D) may deliver no more than three loads per day of the waste as described under SCC 8.04.035(C)(2) or (C)(3), to any county transfer station in lieu of delivery to the landfill, if the waste is transported to the transfer stations in a vehicle or trailer whose cargo area is 96 cubic feet or less (i.e., an eight-foot by four-foot bed with side rails not greater than three feet in height), upon payment of a surcharge in the amount of $1.70 per cubic yard, or such other amount as may from time to time be reasonably established by the Board of Supervisors by resolution. This subsection shall not apply to the delivery of greenwaste or unprocessed wood that is otherwise free of debris or dirt.

B. Special Waste. Fees shall be paid to the county for the disposal of the following types of special wastes when deposited with the county for disposal, as shown herein or as may be established by resolution of the Board of Supervisors.

1RE/yard = “residential equivalent/yard,” which at the time of adoption of the ordinance codified in this chapter is $11.00. The residential equivalent is set by the Sierra County Board of Supervisors, and may from time to time be changed by adoption of a resolution.

2Refrigerators and freezers will not be accepted unless doors have been removed. If Freon has not been properly removed from a refrigerator or freezer, a $30.00 Freon removal fee will be assessed at time of disposal or the county may refuse to accept the appliance for disposal.

3N/C = “no charge.”

C. Handling of Special Wastes. The following categories of special wastes require specific regulations as set forth below. No specified solid waste will be accepted at the county solid waste sites without compliance with the following:

(Ord. 1048, eff. 10/19/13; Ord. 949, eff. 11/20/03; Ord. 879, eff. 3/5/99; Ord. 859, eff. 11/20/97; Ord. 852, eff. 7/17/97)

The volume of refuse brought to the county landfill and/or to any transfer station shall be estimated by the attendant or such other staff as may be available, based upon a conversion of 27 cubic feet to a cubic yard. The following criteria shall be used to estimate volumes of refuse:

(Ord. 852, eff. 7/17/97)

The following wastes are expressly excluded from Sierra County landfill, any transfer or disposal site and may not otherwise be disposed of in Sierra County in a manner contrary to state and/or federal law:

Explosives, radioactive material, medical wastes, municipal sludge, industrial sludge, asbestos, animal carcasses, industrial ash, hazardous wastes of any type. In addition, the county reserves the right to refuse to accept for disposal any refuse or waste that is considered inappropriate for disposal and, to that end, the landfill operators, attendants and transfer station attendants may inspect any load of waste to determine if it is appropriate for disposal in Sierra County solid waste system. (Ord. 879, eff. 3/5/99)

Any person delivering any refuse or material (including but not limited to recyclable materials) to the landfill or to any transfer station in the county, the source of which is from property that has not been assessed a solid waste parcel charge pursuant to the provisions of SCC 8.05.010, shall be required to announce the source of the refuse and material. Any person, firm or entity that fails to comply with the provisions of this section shall be guilty of a misdemeanor and shall be subject to the criminal penalties as provided for by law. In addition, any such person, firm or entity failing to comply herewith shall be subject to payment of an administrative penalty in the amount of $100.00 per violation. (Ord. 852, eff. 7/17/97)

Unless otherwise expressly authorized herein, no person, company or entity shall dispose of refuse at the county landfill or any transfer station without paying the fees as set out herein. Payment shall be in cash or by check (no second party checks shall be accepted) in accordance with policies as may be established by the County Treasurer-Tax Collector and/or County Auditor. Violation of the provisions of this section shall constitute a misdemeanor. (Ord. 852, eff. 7/17/97)

In the event that any person or entity fails to pay the appropriate fee, the Director of Public Works shall be and is hereby directed to bill such person or entity for the difference between the appropriate fee (for all use of the facility under the terms of this section) and the fee which was actually paid and such delinquent fee shall be immediately due and owing. If any such fee is delinquent for more than 30 days, the Director shall take such legal steps as are required to enforce the obligation for payment. An administrative fee of 10 percent of the delinquent amount, with a minimum of $10.00, shall be assessed for any such collection. (Ord. 852, eff. 7/17/97)

Any business or entity which is located within the county and which is a regular user of the facility may request to be placed on an account billing system for payment of fees. The Director of the Department of Public Works shall establish such an account billing system with the approval of the County Auditor. The account billing system shall require that payments are made on a monthly basis and shall be due within 30 days after the end of the billing period (i.e., July payments shall be due by August 31st). As a condition precedent to a business being placed on such an account billing system, the business or entity shall deposit security with the county in an amount equal to 30 days’ use of the facility, as determined by the Director. Security may be in the form of a cash deposit. Failure to promptly pay any billing by the county or to maintain adequate security shall result in the immediate revocation of the account billing for any business or entity. The requirement to post security shall be waived as to any franchised waste hauler where the terms of the performance bond posted by the hauler as part of its franchise agreement is amended to reflect that the bond (in the amount required by the franchise agreement) will also serve as security pursuant to this section. The requirement to post security shall also be waived as to any public agency where the agency acknowledges in writing to the county that it will agree to timely pay the fees as imposed by this section upon the presentation of a bill or other request for payment by the county. In the event of the failure of any such business or entity to pay the fees within the 30 days after the end of the billing period, the Director of the Department of Public Works shall promptly submit a written demand for payment to the party. If the fees (as billed and due) are not paid within 15 days from the date of any such demand, the Director of the Department of Public Works shall take any such delinquencies from the security and thereafter place any such party on a cash only basis for use of the landfill. (Ord. 852, eff. 7/17/97)

A. Notwithstanding any other provision of county ordinance to the contrary or any contrary provision in the license issued by the county pertaining to a refuse disposal company authorized to provide solid waste disposal service in Sierra County, any such licensed hauler (“hauler”) shall, to the extent that the county has regulated the rates to be charged for the collection and disposal of solid waste, be allowed to adjust the rates charged to their residential and commercial customers, within the unincorporated territory of the county, so as to pass on to their customers any increase or decrease in the fees at the landfill and/or at any transfer stations provided by the county, without securing the separate approval of the Board of Supervisors through a rate review application and hearing. Within 15 days of the date of adoption of any decrease in the fees charged by the county, any such franchised or licensed hauler shall change their rates to pass on to their customers the full amount of any such decrease, beginning on the first day that any such reduction was in effect. In the event that a licensed hauler adjusts its rates (or is required hereunder to adjust its rates due to a reduction in the fees charged by the county), the hauler shall notify the county by sending a written statement setting forth the amount of the rate adjustment, together with full and proper justification and documentation for same (clearly showing how the rate adjustment was calculated), to the Clerk of the Board of Supervisors and to the Director of the Department of Public Works. This notification shall be presented to the county no less than 10 days prior to the effective date of any such increase in the hauler’s rate and no later than 15 days after the county reduces rates charged to the hauler (thereby requiring a decrease in the hauler’s rates to its customers). Following receipt of any such notification, and upon the recommendation of the Director of the Department of Public Works, or upon its own initiative, the Board may, but shall not be required to, schedule a public hearing to review the new rates of the hauler. The Board’s action in determining to set a public hearing shall be at the Board’s sole discretion. The public hearing shall be scheduled no sooner than 15 days following the mailing of notification thereof to the hauler by the Clerk of the Board. At the time that the Board elects to call such a public hearing, the Board may direct the immediate suspension of the rate increase, in whole or in part, if the Director attests to the Board that the rate increase is either unwarranted or is in excess of that permitted by this subsection (as to any class of customers). The hauler shall attend any such hearing and shall within 10 days of the hearing provide to the Clerk of the Board of Supervisors and to the Department of Sanitation all relevant evidence used to calculate the rate increase or decrease. At the conclusion of the public hearing the Board may approve, disapprove, or modify any such rate increase or decrease, which action shall be binding on the hauler. If the Board sustains the rate increase, either in whole or in part, and the Board had previously ordered the suspension of any increase, the Board may allow the increase to be retroactive to the date that it was originally to go into effect. If the Board disapproves or modifies the rate adjustment, it shall order the hauler to refund any payments made to it by its customers that are above the amounts of the adjustments as approved by the Board. Within 30 days of the date of the Board’s decision, the hauler shall make full refunds as directed by the Board, or in any event, necessary to prevent the hauler from being unjustly enriched through the collection of fees or charges that were not commensurate with the fees paid to the county by the hauler.

B. It is the intent of the Board of Supervisors in the adoption of this section to allow the licensed haulers to be treated fairly and equitably by the county by allowing the haulers to promptly pass on to their customers the fees which the haulers have to pay to the county for refuse (waste) disposal, and nothing herein is intended to allow or provide any such hauler with any increase in income or profitability. (Ord. 879, eff. 3/5/99; Ord. 852, eff. 7/17/97)

The provisions contained in Cal. Civ. Proc. Code §§ 860 through 870 shall be applicable to the adoption of solid waste fees pursuant to the provisions of this chapter and as to any resolution adopted by the Board of Supervisors establishing or amending the solid waste fees for any year. It is the express intent of the Board of Supervisors in adopting this chapter that any legal action contesting the validity of this chapter, any fee resolution adopted pursuant to this chapter or any other provision of state law, or contesting the validity of any fee or charge, shall be filed within 60 days from the date of the adoption of this chapter if contesting the validity of this chapter or any portion thereof, or within 60 days from the date of the adoption of any resolution establishing or changing the fees charged for use of the solid waste system if challenging any such fee(s).

In the event that a court should decide that the validation provisions are not applicable to the adoption of this chapter or as to any resolution or fee established under this chapter, the Board hereby separately declares its intent to and does hereby establish a statute of limitation in which a legal action, suit or proceeding may be initiated in court in which to attack, set aside, void or otherwise annul this chapter or any portion or provision hereof, or any resolution establishing or changing the solid waste fees. Any such action shall be initiated and filed in the appropriate court within 60 days of the date of the adoption of the ordinance enacting, amending, or revising this chapter or any provision therein, or within 60 days from the date of the adoption of any resolution establishing or changing the fees charged for use of the solid waste system, otherwise any such suit shall be barred.

As used herein, the “date of the adoption” of any resolution shall mean the date of the vote by the Sierra County Board of Supervisors to adopt any such resolution. (Ord. 958, eff. 6/16/04; Ord. 934, eff. 6/21/02; Ord. 879, eff. 3/5/99; Ord. 852, eff. 7/17/97)

The adoption, amendment or revision of the provisions of this chapter to authorize or to impose and to extend solid waste charges for any fiscal year shall not be construed to repeal or invalidate the imposition and levy of any such charge for any prior year. (Ord. 958, eff. 6/16/04; Ord. 934, eff. 6/21/02; Ord. 918, eff. 6/30/01; Ord. 908, eff. 8/4/00)