Sutter Creek Municipal Code Div. 2 Residential Units and Commercial Establishments

Each person owning one or more improved residential units or commercial premises in the city, and each person occupying or having charge or control of improved residential or commercial premises in the city, shall make available for collection, not less than once each week on the appointed day and at the appointed time, all refuse which has accumulated on such premises. Each person who is an owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise shall subscribe to and use, and shall dispose of all refuse through, the regular refuse collection and disposal service of the city or its authorized removal franchisee.

(Ord. 332, 2009)

Each person required by the provisions of this chapter to accept mandatory refuse collection and disposal services shall provide reasonable access to refuse receptacles on the appointed day of collection. Periods of inclement weather shall not excuse any such person from affording such reasonable access to refuse receptacles. All residential and multi-dwelling units of less than five units must provide curbside access to containers unless specific authorization is granted by the franchise.

(Ord. 332, 2009)

In the event that a person fails to comply with access provisions, the removal franchisee may increase the rate for the collection and removal of refuse for that person by the total sum of ten percent over the then-established rate for the month in which such noncompliance occurs. Upon cessation of the violation, the rate shall be reduced to the previously established rate.

(Ord. 332, 2009)

Each owner, occupant or person in possession, charge or control of a parcel of property upon which there exists a residential unit or commercial enterprise within the city is hereby made liable for the payment of the refuse collection fees levied against such premises for required refuse services, irrespective of the actual use of the refuse collection services provided by the city or its authorized removal franchisee. Services made available to those premises required to receive such services shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for payment of the refuse collection and disposal fees. It shall be the duty of the franchisee to bill separately each residential unit.

Nothing in this section shall prevent an arrangement for the continuance of an existing arrangement under which payments of refuse collection fees are made by a tenant or tenants or any agent on behalf of the owner. Any such arrangement will not affect the owner's obligation to the city or its authorized removal franchisee.

(Ord. 332, 2009)

Refuse collection fees shall be billed and paid in advance on a monthly basis. Payment shall be due upon, and shall become delinquent after, the twenty-fifth day following the date of billing. Notwithstanding the above, each person who receives a bill for quarterly service shall have the option of paying for service through the end of the year billed. A finance charge of one and one-half percent of the amount of the fee shall be added at the end of each month following the delinquency date.

(Ord. 332, 2009)

The refuse collection fee shall be a civil debt owed by the owner, occupant or person in possession, charge or control of the real property and/or structures of a residential unit or commercial enterprise. In the event that any civil action to enforce the collection of the refuse collection fee is brought in any court, the prevailing party shall be entitled to reasonable attorney's fees to be determined by the court. The prevailing party shall be the party in whose favor final judgment is entered.

(Ord. 332, 2009)

A mandatory collection area is established and shall consist of the current incorporated city limits of the city and any areas annexed to the city from time to time.

(Ord. 332, 2009)

Each owner, occupant or person in possession, charge or control of any collection premises located in a mandatory collection area is hereby made liable jointly and severally for the payments of the solid waste collection, processing and disposal fees levied against such premises for required solid waste collection, processing and disposal services, irrespective of the actual use of the service provided by the district or grantee. Services made available to those premises required to receive service shall be considered as services utilized. It shall be the duty of the owner of such premises to provide for the payment of the services.

(Ord. 332, 2009)

Solid waste collection fees may be billed and paid in advance on a quarterly basis. Payment shall be due upon, and shall become delinquent fifteen days after, the date of any billing. A finance charge and late payment penalty as permitted by law shall be added at the end of each month following the delinquency date.

(Ord. 332, 2009)

The city may direct the franchisee to discontinue service for any customer whose account remains unpaid for sixty days after the date of billing as long as the customer has received a notice on a form approved by the city manager or his/her designee stating that service will be discontinued fifteen days from the date of the notice if payment is not made by that time. Upon payment of the delinquent fees, collection shall resume on the next regularly scheduled collection day. Fees shall continue to be assessed and billed notwithstanding that service has been discontinued and notice of same shall be included in the form sent to the customer.

(Ord. 332, 2009)

Mandatory collection fees authorized pursuant to these articles, which remain unpaid for a period of one hundred eighty days or more, after the date upon which they were billed, may be collected thereafter by the franchisee as provided herein.

A. Once a year the franchisee shall cause to be prepared a report of delinquent fees. The franchisee and the city shall thereafter select a three-member board that shall fix a time, date and place for a public hearing for the report and any objections or protests thereto.

B. The board shall cause notice of the hearing to be mailed, by certified mail, return receipt requested to the landowners listed on the report as well as publication of notice of the hearing in a newspaper of general circulation as well as posted pursuant to law not less than thirty days prior to the date of the hearing.

C. At the hearing, the board shall hear any objections or protests of landowners liable for delinquent fees. The board may make such revisions or corrections to the report as is deemed just and thereafter the report shall be forwarded to the city council for confirmation. Notice of the hearing to confirm the report shall be mailed to the landowners listed on the report.

D. The delinquent fees set forth in the report as confirmed shall constitute a special assessment against the respective parcels of land and are a lien on the property for such delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor and/or county recorder's office on or before August 10th, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation in the office of the county recorder of the county in which the property is situated with a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such lien, except that if the real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes should become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed relating to such property, shall be transferred to the unsecured roll for collection or a private collection agency.

(Ord. 332, 2009)

The city manager, or his/her designee, shall adopt an administrative complaint procedure whereby customers may file complaints regarding service or any other matter arising out of the service provided under this article. Appeal from any determination made pursuant to these administrative procedures may be made to the city council.

(Ord. 332, 2009)

A. The provisions of this article shall not apply to any of residential units or commercial enterprises which are not connected to water and electric power and where water or electric power cannot be provided to such premises without action by a public utility or mutual water company; provided, that such exemption shall terminate upon reconnection of water and electric power.

B. Provisions of this article shall not apply to any commercial enterprise which fully suspends its operation due to the seasonal nature of its particular business.

C. Provisions of this article shall not apply to any home business which operates fully out of a residential property, complies with business license requirements and does not exceed residential refuse limitations.

D. Exemption from the mandatory collection may be granted to nonresidential and nonfood producing businesses which submit a waste management plan to the city analyzing the business waste stream, and documenting the ability to recycle or reuse more than fifty percent of that waste stream.

Any person claiming an exemption pursuant to subsections (A) or (B) of this section shall file a statement under oath or under penalty of perjury with the city removal franchisee stating the facts upon which exemption is claimed and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the refuse collection fees required by this article.

The removal franchisee, after giving notice of not less than ten days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein.

E. The provisions of this chapter shall not apply to any residential unit or commercial enterprise in which the owner, occupant, or person having control of a property subject to this chapter provides for alternate disposal of refuse for the property that does not utilize the city-selected solid waste contractor (franchisee). Self-disposal under this exception shall only be authorized if the owner, occupant, or person having control of the property: (i) does not contract with any business, person, or entity for the disposal, and (ii) disposes, or causes disposal, of refuse for the property in a manner and frequency equivalent to that which this chapter requires. So long as an owner, occupant, or person provides for self-disposal in accordance with these standards, the owner, occupant, or person shall not be liable for any refuse collection fee, nor subject to any lien for such a fee, for the property for which the self-disposal is provided.

(Ord. 340 §1, 2011; Ord. 332, 2009)