Article II — COLLECTION AND DISPOSAL SERVICES

The city shall provide for the collection and disposal of refuse from all premises required to be served within the city. Such provision may be made either by letting a contract for such collection and removal or otherwise. The city or, if collection and removal services are contracted for, the removal franchisee, shall have charge and supervision of such collection and removal and shall prescribe and establish routes and days for collection and removal of refuse from the various parts of the city so as to conform to the provisions of this chapter and may change the same from time to time. When such routes or days of collection are established or changed, not less than ten days prior to the effect of such change, notice thereof shall be given to all parties concerned.

(Ord. 332, 2009)

The city and its duly authorized agents, servants and employees of any franchisee with whom the city may at any time enter into a contract therefore, and the agents, servants and employees of franchisee, while any such contract shall be in force, shall have the exclusive right and obligation to collect and dispose of refuse from all premises in the city.

This chapter shall not prohibit anyone licensed to do business in the City of Sutter Creek, falling under the definition of a self-hauler from collecting and disposing of debris from a job upon which he/she is working in compliance with all applicable laws, ordinances and regulations then in effect. Neither individuals, nor businesses may enter into a contract with anyone other than the city's duly authorized agents for the collection and/or disposal of refuse from premises within the city. This does not preclude individuals or businesses from legally disposing of refuse from their own properties or properties which they manage pursuant to contract.

(Ord. 332, 2009)

The city council shall, from time to time, establish by resolution uniform rates for collection and disposal of refuse within the city. Separate rates may be established for business establishments as distinguished from residential and multiple residential dwellings.

Council action shall not be required on any legally mandated charge or fee, or increase in such a charge or fee. However, the collection company shall be required to provide thirty days' notice of such pass through fees to the city council.

All refuse rate fees regulated by the city, regardless of adjustments made during the year, shall be reviewed annually by the city manager. Said review shall be made to ensure the appropriateness of those fees.

(Ord. 332, 2009)

Modification of refuse collection and disposal rates may be initiated by the city councilor by application of the removal franchisee. Consideration of rate modification shall occur as follows:

A.

Any application shall be submitted after March 21st and before August 1st of the year prior to the calendar year such modification is requested to become effective; provided, the franchisee responsible for providing refuse collection and disposal services in the city shall have the right to make application to the city council at any time for a modification of rates if extraordinary circumstances are alleged justifying such application.

"Extraordinary circumstances" shall include, but need not be limited to, an unforeseen and substantial increase in the refuse collection and disposal responsibilities of the franchisee. Any application must be accompanied by financial statements prepared in conformance with accepted auditing standards by a certified public accountant and must be accompanied by the accountants' report.

B.

Any application referred by the council to a rate review committee for recommendation is to be preceded by the committee's review of the franchisee's financial records, if such review is deemed necessary by such committee. The city council may employ an auditor to assist the rate review committee in its tasks.

C.

Any decision considered by the city council shall be reached at a public hearing, held after notice of the time, place and purpose. Such hearing shall be published in the official city newspaper not less than ten days prior to the hearing.

D.

The removal franchisee shall at least thirty days prior to the date of public hearing mail a notice to all owners containing:

A statement that a public hearing shall be held upon any rate increase, the proposed date, time and place of such hearing, if known, and where information concerning the proposed hearing may be obtained;

The existing refuse collection and disposal rates; and

The proposed new refuse collection and disposal rates.

Failure of any owner to receive such notice shall not invalidate or otherwise affect the validity of any action of the city council upon such proposed rate increase.

(Ord. 332, 2009)

In establishing refuse collection and disposal rates, the city council shall allow a reasonable rate of return to the collection company. "Reasonable" shall be defined at such time as a rate increase is requested.

(Ord. 332, 2009)