15.48 — FEES

The City Council may, by resolution or an approved franchise agreement, establish or place a limit on rates, fee and charges (collectively, "fees") collectors may charge to residential owners and to commercial/industrial business owners for the collection of solid waste, recyclables, organic waste, and construction and demolition debris. No collector shall charge any fee which is greater than the maximum established or permitted by the City Council.

• a. Residential premises shall be subject to the "City Solid Waste Collection Fee and City Recycling Fee" described in Section 15.48.020.

• b. Multi-unit residential building (s) shall be subject to the "City Solid Waste Collection Fee" and "City Recycling Fee" as described in Section 15.48.020.

• c. Commercial/industrial premises shall be subject to the "City Solid Waste Collection Fee" pursuant to in Section 15.48.020.

(Prior code § 5796; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

• a. Subject to the exclusions set forth in Chapter 15.40, an annual solid waste, recyclables, and organic waste collection, processing and disposal fee (the "City Solid Waste Collection Fee" and "City Recycling Fee") shall be assessed upon all residential premises in the city, for services provided by the city.

• b. Subject to the exclusions set forth in Chapter 15.40, and annual recyclables collection, processing and disposal fee (the "City Recycling Service Fee") shall be assessed upon all multi-unit residential buildings in the city, for services provided by the city.

• c. Commercial/industrial premises shall be subject to the "City Solid Waste Collection Fee" established by resolution of the City Council or established in the franchise agreement approved by the City Council. Commercial/industrial premises that use the services of a permitted collector of recyclables shall pay the recyclables fee established by the permitted collector.

• d. The City Council shall annually establish the service fees, by approval of the "Report to the City Council, Solid Waste and Recycling" which report is approved annually. The service fees shall be collected each fiscal year on the tax roll at the same time and in the same manner as the general taxes of the County of Los Angeles, and shall be in addition to any ad valorem taxes levied on such property.

(Prior code § 5797; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

• a. Commercial/industrial premises shall be subject to the solid waste collection fee

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City of West Hollywood, CA § 15.48.030

WEST HOLLYWOOD CODE

§ 15.48.050

established by resolution of the City Council or established in a franchise agreement approved by the City Council.

• b. Commercial/industrial premises that use the services of a permitted collector for the collection of recyclables shall pay the recyclables collection fees established by the permitted collector.

(Prior code § 5798; Ord. 00-565 § 1, 2000)

• a. Notwithstanding any other provision of this article, should any commercial/industrial business owner, other than the owner of a multi-unit residential building, not pay the appropriate fees as required by Section 15.28.010 and authorized by this chapter, the franchisee may terminate collection services upon notification of the intent to terminate collection by the franchisee.

• b. Prior to the termination of service, the franchisee shall deliver via personal delivery or first class mail to the party who has failed to pay the appropriate fees (and to the property owner, if different), a written notice of intent to terminate collection services for failure to comply with subsection (e) of Section 15.28.010. Written notification of intent to terminate collection services may not be delivered until a period of not less than sixty calendar days of non-payment has elapsed from the delivery of monthly service invoices. A period of not less than fifteen calendar days shall elapse between the time that written notification of intent to terminate collection services has been delivered pursuant to this subsection, and the time that collection services are terminated.

• c. Upon the termination of collection services, the franchisee shall continue to maintain minimum collection services of once each week to maintain health standards to the satisfaction of the City Manager. The city is authorized to bill the property owner for the cost of maintaining minimum service as required by this subsection.

• d. The franchisee, upon the prior written approval of the City Manager, is authorized to use all available legal means to collect any fees required by Section 15.28.010 and authorized by this chapter that are past due.

(Prior code § 5799; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

• a. Notwithstanding any other provision of this article, the City Council, in its sole discretion, may collect delinquent fees owed pursuant to this article by placement of the fees on the property tax rolls, pursuant to the provisions of this section. The City Council, in its sole discretion, may collect delinquent fees pursuant to this section from all property owners, or only from residential premises, multi-unit residential buildings, and/or commercial/ industrial premises. Should the City Council elect to apply the provisions of this section, the following procedures shall be followed:

  1. Any owner who, as of June 1st of any given year, is delinquent as to any charges or penalties due as of March 31st of that same year, shall be sent, by mail, written notification that the review board will review all such delinquent accounts during a public hearing and will make a recommendation to the City Council with respect to submitting the delinquent accounts to the County Auditor on August 1st, to be

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.48.050

§ 15.48.050

included as an additional assessment for the respective affected parcel on the county property tax rolls. At the time of such written notification, a penalty shall be added to the delinquent account, to cover the administrative costs of such procedure. Any owner whose property is so affected shall have the right to appear before the review board when it deliberates on the matter.

2. The review board shall consist of three members appointed by the City Council. The review board shall review delinquent accounts, pursuant to the provisions of this subsection, and make recommendations to the City Council with regard to disposition of those accounts, as provided herein.

3. The review board may recommend that the fees or penalties owed by any property owner be waived or adjusted, for any of the following reasons:

   • A. Property ownership change.

   • B. Vacant units not requiring service.

   • C. Demolition of units during a service quarter.

   • D. Condemnation actions against the property.

   • E. Incorrect mailing address.

   • F. Incorrect ownership information.

   • G. The property owner is entitled to an exemption pursuant to Chapter 15.40.

   • H. Other similar conditions and reasons creating circumstances beyond the reasonable control of the property owner.

Requests for such waivers or adjustments shall be considered only if timely made, and if accompanied by sufficient information and documentation to permit the Director of Finance to make a determination of whether cause exists to justify a waiver or adjustment.

• b. The recommendations of the review board shall be forwarded to the City Council. The City Council shall consider the matter at a public hearing, and may adopt or modify the recommendations of the review board as it deems appropriate.

• c. The County Auditor shall enter each assessment on the county tax roll opposite the parcel of land affected. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his or her discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment fees.

(Prior code § 5799.5; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)

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City of West Hollywood, CA § 15.49.010

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.49.030