Loading...
Ordinance 1572 ORDINANCE NO. 1572 AN ORDINANCE OF 'PHE CITY OF CUPERTINO AMBNDING CHAPTER 6.24 OF THB CUPERTINO MUNICIPAL CODS, RELATING TO GARBAGE DIS- ~' P08AL, TO PROVIDB FOR MANDATORY COLLECTION SERVICB, LIEN INITIA'PION AND RECORDING, '' COLLECTION OF DELINQUENT CHARGES AS SPB- ,.,.I.CIAL ASSESSMENT AND ESTABLISHMENT OF MIS- "'DEMEANOR OPFENSE FOR VIOLATION OF GARBAGE COLLECTION REQUIREMENTS The City Council of the City of Cupertino does ordain as follows: `SECTION I - Amendments. Chapter'6.24 of the`CUpertino Municipal Code, consisting of Sections 6.24.010 through 6.29.240, inclusive, is hereby repealed in its entirety and anew Chapter 6.24 and Sections are hereby enacted 'to be numbered and entitled and to read as followas Section 6.24.010 - Purpose of Chapter This Chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and pceservation of the health, safety and general welfare of the people of the'City of Cupertino. ~ - --~ Section 6.24.020 - Definitions For the purposes'of this Chapter;''the following [CC.Di/OG] t words and phrases shall have the meanings ascribed to them by this Section, unless the context or the pro- vision clearly requires otherwise: i. "City" - means and includes all the territory lying within the municipal boundaries of the City of Cupertino as presently existing,-plus all ;territory which may be added thereto during the effective term of the ordinance codified herein. 2. "Collection station" - means the location at .which containers of garbage, waste or refuse are placed for collection by ,the authorized garbage collector. _3. "Delinquent" - means a failure of the recip- ient of garbage collection. service, or of the property owner, to pay when due all charges owed to the garbage collector for garbage collection service, rendered or to be rendered. 4. "Director" - means. the Director of Public .Works and his/her duly, authorized agents and rep~esent- atives. 5. "Dwelling" -.means a,residence, flat,;duplex, _. apartments townhouse, condominium or other facility used for housing one or more persons. [CC.D1/OGJ 2 6. "Finance Director" - means the Finance Director and his/her dul~+ authorized agents and repre- sentatives. 7`. "Garbage" - means all materials, substances or objects that are discarded; including but not restricted to, materials, substances or objects commonly referred to as "trash", "garbage", "refuse" and "rubbish" that ace produced, generated or accumulated by all residen- tial, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activi- ties within the City, the collection of which is regu- lated through the franchise agreement existing between the City and the authorized garbage collector; provided, however, "garbage" does not include (i) hazardous waste, (ii) biomedical waste, (iii) ash, (iv) sewage and other highly diluted water-carried materials or substances and those in gaseous form, and (v) recyclables. 8. "Garbage Collector" - means any person who is authorized by the franchise agreement existing between he/she and the City, in accordance with Section 6.24.120 of this Chapter, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. [CC.D1/OG) 3 9. "Garbage Collection Service" -.means the col- lection, transportation and disposal of garbage by an authorized garbage collector. 10. "8aaardous Wastes" - means any and all toxic, radioactive, biologically infectious, explosive or flam- mable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazardous materials storage permit is required. 11. "Multiple-Unit Dwelling" - means any premises, excluding a hotel, motel, or lodginghouse, used for resi- dential purposes containing more than one dwelling. unit, irrespective of whether the residency is transient, temp- orary;or permanent. 12. "Nonresidential Premises" -means all prem- ises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation. 13. "Occuoancv; Occupied" - means premises is "occupied",when a person oc persons take or hold possea- aion of the premises for permanent or temporary use. (CC.D1/OGj 4 For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, elec- tric, telephone and water utility services were. not being provided to the premises during such periods. 14. "Owner" -means the, holder or holders of-legal title to the real property constituting the premises to which garbage collection service is provided. 15. "Person" - includes any person, firm, associa- ', tion, organization, partnership, business trust, joint venture,. corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. 16. "Premises" - means any land, building or atruc- ture, or portion thereof,, within the City where any gar- . bage is produced, kept, deposited,. placed or accumu- lated. 17. "Residential Premises" - means any single-unit ..dwelling or multiple-unit-dwelling.; ,, ,„. (CC.D1/DG] 5 18. "Single-Unit Dwelling" - means one or more rooms and a single kitchen, designed for occupancy by ;one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each second unit located within a single-family residential zoning district, shall con- atitute a separate single-unit dwelling to which garbage collection service is provided, unless the owner or occu- pants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. 19. "Tenant" - means any person or persona, other than the owner, occupying or in possession of a premi- sea., Section 6.24.030 Mandatory Garbage Collection Service; Owner Responsibility. The owner of each occupied residential or nonresi- dential premises shall subscribe to and pay-for at least the minimum level of garbage collection service made available to that premises by the Garbage Collector, as specified in the franchise agreement between the City and the Garbage Collector executed pursuant to Section [CC.Di/OG] 6 6.24.120 of this Chapter. The charges for garbage col- lection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or ten- ant has any garbage to be collected on any particular collection date during such occupancy. Nothing in this section'is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage collection service are made by a tenant or ten- ants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for garbage collection service as provided herein. Section 6.24.040 Commencement of Garbage Collection Service !The owner or tenant shall commence garbage collec- tion service within ten (10) days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the Director may give written notice to the owner or tenant that gar- bage collection service is required. if service is not initiated by the owner or tenant within ten (10) days after the date of mailing the notice, the Director shall authorize the Garbage Collector to begin and continue (CC.D1/OGJ 7 providing the minimum level of garbage collection ser- vice to such premises and the. service shall be deemed to have.. been made available as of the date of such authoci- zation. Section 6.24.050 Frequency of Disposal No more than one week's accumulation of garbage shall be kept or permitted to remain upon any premises in the City. At least once a week, all garbage pro- duced, kept, deposited, placed or accumulated within any premises in the City shall be disposed of in accordance with the provisions of this Chapter. Section 6.24.060 Method of Garbage Disposal All garbage shall be disposed of by. delivery of each garbage container to an authorized collection.. station, located as to be readily accessible for the removal and emptying of its contents by the Garbage Collector. Section 6.24.070 Garbage Containers (a) All garbage containers shall be kept in a sanitary, condition continuously closed with a tight fitting cover. (b) Garbage containers for residential premises shall have handle and side bails and shall not exceed [CC.D1/OGj 8 thirty two (32) gallons capacity and shall not have a filled weight in excess of seventy (70) pounds gross weight except for those containers furnished by the Garbage.Collector. Garbage containers for commercial premises shall be provided by or approved by; the Garbage Collector. (c) Garbage containers shall be collected.. by the ..Garbage. Collector when the containers are placed outside of,the premises] provided, however. .said collection may be made at such other location upon approval by the Director. (d) Garbage containers shall be paced at the authorized collection station not more .than twenty-four hours preceding the scheduled collection time. Such containers shall be removed from the collectiop station within twenty-four hours after collection. Containers provided by the Garbage Collector shall not. be moved or removed by any person other than the Garbage Collector. Section 6.24.080 inappropriate Containers The use of garbage containers which do not meet the standards set forth in Section 6.24.040 of this :Chapter shall be subject to regulations prescribed by the Director, including appropriate additional charges to be paid the Garbage Collector for the collecting and [CC.D1/OGJ 9 ... .. _,... ,, J • • transporting of the inappropriate containers or waste contained therein. Section 6.24.090 Burning Solid Waste Restrictions It is unlawful for any person to burn, or cause to be burned, any refuse or garbage within the City or to burn, oc cause to be burned, any waste upon public 'streets, ways or alleys. Dry waste may be burned by owners or producers thereof on privately owned property only. when the hours and conditions of such burning have been approved in advance by the Fire Marshal. Bach day's violation of this section shall be a separate and distinct offense. Section 6.24.100 Disposal of Explosive or eazardous Material Restrictions No person shall deposit in any garbage container any explosive, highly inflammable or otherwise haaardous material or substance, without having first made special arrangements with the Garbage Collector. Section 6.24.110 Disposal on Public_Property Prohibited It is unlawful for any person in the City to throw or deposit refuse, garbage or waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place, or to .throw or de- posit the same in or upon any vacant lot, or back yard, [CC.D1/OG] 10 or to store or keep the same otherwise than in contain- ers as required by Section 6.24.070... 8aah day's violation of this section shall be a -.separate and distinct offense. Section 6.24.120 Franchise Granting Authority The City Council may award an exclusive franchise to any person the Council believes is qualified to per- form garbage collection service. Such franchise agree- ment shall require the Garbage Collector to,render ser- vice to all residential and commercial premises within t?~e City in accordance with the provisions of this Chap- ter and in conformity with such regulations as maybe adopted by the Director with the appcoval of the City ..Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this Chapter. Section 6.24.130 Ratification of Sxiating Franchise. Agreement The contract for the collection and .transportation of garbage produced, kept and/or accumulated in the-City made and entered into the fifth day-of February, 1991 and amended the day of , 1991, by and between the City and Los Altos Garbage Company is herewith rati- Pied and shall be continued with full force and effect [CC.D1/OG] 11 during the term of said contract. Section 6.24.140 Continuation of Contract Except as herein provided, nothing contdined in this Chapter shall be construed as negating any cove- nants, promises, undertakings and obligations made and assumed by the parties to the 'Franchise Agreement. Section 6.24.150 Charges for Garbage Collection Service - The City Council°reserves the right to.establish by resolution a schedule of rates and charges for all levels of garbage collection service to be rendered by the Garbage Collector, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner preacribed'by -the franchise agreement between the City and the Garbage Collector. Section 6.24.160 Failure to Pay for Garbage Collection Service _ The Garbage Collector shall be entitled to payment from either the owner or the recipient of garbage collec- tion service for any services rendered or to be rendered. Upon fdilure to make such payment, the means of collect- ing'delinquent charges shall be in accordance with the 'procedures set forth in Sections 6.24.170 - 6.24.270 of this Chapter. Garbage collection service shall not be [CC.D1/OGJ 12 • i discontinued by reason of any failure to pay the charges for such service. Section`6.24.170 Notification of Delinquency If a'bill'for garbage `collection service''remains delinquent for thirty (30) days, the Garbage Collector shall be entitled to collect a late charge in such amount as approved by the City Council. The Garbage Collector may, at any time after such thirty (30) day period, send or deliver notice of delinquency to the owner indicatfng the amount owed for garbage collection service; the amount of late charge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises. The form of delinquency notice shall be approved by the Finance Director.` Section 6.24.180 Aasianment of Delinquent Account in the event the bill for garbage collection service together with any late charge thereon, is not paid within thirty (30) days after the date of mailing the notice of delinquency to the owner, the Garbage Collector may assign such bill to the City for collec- lion through the initiation of lien and special assess- ment proceedings in accordance with this Chapter. The assignment shall include the name and address of the [CC.D1/OG] 13 _~... I • • ' owner, the assessor's parcel number of the premises, the period of garbage collection service covered. by .the. bill, the amount owed for such service, the amount of any late charge and such,other information as ,requested _by the Finance,pirector,together with a.oopy of the notice of delinquency mailed or otherwise delivered; to the owner. _ .. ... Section 6.24.190 Lien initiation_ Upon the City's receipt ,of the assignment .from the Garbage Collector, the Finance Director-shall prepare a report of delinquency, and initiate,,proceedingsto create a lien on the pcemises to which the garbage collection service was or will be rendered. The Finance Director shall-..fix a time, date .and place for an administrative hearing by the Finance Director to consider any objec- tions or protests to his report. Section 6.24.200 Notice of Bearings on Liens The Finance. Director shall send written notice of the administrative hearing to the owner of the. premises against which the lien will be imposed at least ten,(10) days prior to the hearing. date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment. roll available on the date the. notice is mailed, at the address shown on .said [CC.D1/OGJ 14 o • assessment roll or as known to the Finance Director. A copy of the notice shall also be mailed to the'Garbage Collector. Said notice shall set forth the amount of delinquent garbage collection service charges, the amount of any late charge thereon, and the possible lien and administrative charges as provided in Section 6:24.230 of this Chapter. Said notice shall also inform the owner of the time, date and place of the administra- 'tive`hearing and the subsequent public hearing to be conducted by the City Council, and advise the owner of his right to appear at both the administrative hearing and the public hearing to state his objections to the report or the proposed lien. Section 6.24.210 Administrative Hearing on Liens At the time and place fixed for the administrative hearing, the Finance Director shall hear and consider any objections or protests to his report. The Finance Director may correct or modify the report as he deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of .his decision. The Finance Director shall thereupon submit a final report to the City Council for confirmation-and shall furnish a copy of such report to the Garbage Collector. [CC.D1/OG] 15 Section 6.24.220 Public Hearing on Liens ,The City Council shall conduct a,public hearing to consider the Finance Director's final report at the>time ,and :place set forth in Notice described in Section 6.24.200 of this Chapter. At such hearing, any inter- ested person shall be afforded the opportunity to .appear and present evidence as to why .the report, or any por- tion thereof, should not be confirmed. The .City Council may adopt, revise, reduce or modify any charge shown on .the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections. or pco- tests thereto, shall be final and conclusive.. Section 6.24.230 Recording of Lien Opon confirmation by the City Council of the. final report, the Finance Director shall cause-to be .recorded in the. 0£f ice of the Recorder for Santa Clara County, a lien against each premises described in the report for the amount of delinquent garbage collection service charges and late charges as confirmed by the. City,Coun- [CC.D1/OG] 16 cil. The lien shall also include such additional admini- strative charges as established by resolution of the City Council. All pecsons to whom notice was sent pur- suant to Section 6.24.200 of this Chapter shall be noti- fied by the Pinance Director that the service charges, late charges and administrative charges are due and pay- able to the City and that said lien has been recorded. Section 6.24.240 Collection of Delinquent Charges as a Special Assessment The Finance Director shall initiate proceedings to levy as a special assessment against the premises described in the lien recorded pursuant to Section 6.24.230 of this Chapter, the sum of delinquent garbage collection secvice charges, late charges and administra- tive charges, plus an assessment charge as established by resolution of the City Council. Section 6.24.250 Report_of Delinquent Charges for Special Assessment A report of delinquent charges shall be prepared by the Finance Director and submitted to the City Coun- cil for confirmation. The report shall indicate all charges for which a lien has been recorded pursuant to Section 6.24.230 of this Chapter, which remain unpaid as [CC.D1/OG] 1~ of the date of the report. Section 6.24.260 Levy of Special Assessments Upon confirmation by the City Council of the Finance Director's retort as rendered or modified, the delinquent charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Finance Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for Santa Clara County with instructions to enter the delinquent charges as special assessments against the respective premises described in the Finance Director's report. The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the owner. Section 6.24.270 Collection of Special Assessment The special assessment shall be collected at the same time together with and in the same manner and fre- quency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assess- ment shall be subordinate to all existing special asaess- ~CC.D1/OGJ 18 ment liens previously imposed upon the premises and para- mount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until 'all delin- `quent charges duo and payable thereon are paid in full. All laws applicable to the levy, collection and enforce- ment'of municipal taxes shall be applicable to`auch` special assessment. Section 6.24.280 Continuing Appropriation 'Account There is hereby createe fn the General Fund a con- tinuing appropriation account entitled "Payment of Delin- quent Charges For Garbage Collection Service." This account shall be credited with such sums as may be appro- priated by the City Council, all delinquent service charges, late charges and administrative charges col- Iected by the Finance Director, and all amounts remitted by the Tax Collector for Santa Clara County-representing special asseasmenta'collected pursuant to Section 6.24.270 of this Chapter. The delinquent garbage col- Iection service charges and late charges sha1L be dis- bursed from said account to the Garbage Collector prompt- ly upon receipt of such payments. The administrative charges and assessment charges shall be retained by the City. [CC.D1/OG] 19 Section 6.24.290 Recycle Centers The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to .operate .such centers. .The City may contract with the same Garbage Collector .awarded the franchise for garbage collection service or with any other party .for .the processing and transporta- tion of the recyclable material collected at a recycle center. The City Council may, from time to time by resolution, .designate what .material shall be deemed re- cyclable and which may therefore be disposed of by de- livery to a recycle center. Section 6.24.300 Unauthorized Garbage. Collection No person shall .collect any ,garbage produced, ,kept or. accumulated within the City, unless such person_is an ..agent or employee of the City acting within the course :and scope of his employment, or has been awarded a fran- chise by the City to act as Garbage Collector. Section 6.24.305 Containers Stored in Trash_.Enclosures Any person owning, controlling or maintaining any premises within the City which is required to have and maintain trash enclosures as a condition of development or use shall keep all garbage, refuse and waste contain- ers within the confines of the trash enclosures at all [CC.D1/OGJ 20 times except when the containers are being emptied by the 8isposal service operator. Section 6.24.310 Interferring with Garbage Collection Servict No person shall, 'in any manner, interfere with the performance of garbage collection services being render- ed by 'an-agent or employee of the City acting within the course 'a rd'srope of his employment, or being rendered by the authorized Garbage Collector. `Section 6.24.320 Onauthorized Ose of Garbage Collection Service No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a prem- ises for pick up by the Garbage Collector, any garbage produced from another premises where such action results in the avoidance or reduction of any garbage collection service charges that would otherwise be payable for col- lection of such garbage from the'premi'ses'at which it was produced. Section 6.24.325 Rules and Regulations Adopted The Director of Public Works shall adopt such- rules and regulations as may be necessary for the proper administration and enforcement of this chapter, and any [CC.D1/OG] 21 franchise, contract or license issued or executed there- under, including regulations relating to the required frequency of collection from various types of places and .premises.., and the types of special .containers .required for certain classes of places and premises. The Director of Public Works shall resolve all disputes concerning the administration or enforcement of this ;chapter .and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the determination of the Director of Public Works may, within ten days after such decision .appeal the same to the City .Council. Such appeal. must be in writing, filed with the City Clerk, and must set forth. the reasons for such appeal. No violation of this chapter shall be permitted, or be continued, during .,the time any such appeal is pending. ,Section 6.24.330 Violation - Misdemeanor. Any person who violates any provision of.this Chapter shall be guilty of a misdemeanor and. upon con- viction thereof shall be punished as provided in Chapter 1.12 of this Code. Section 6.24.340 Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held [CC.D1/OG] 22 to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby". . ,. . Section 6.24.350'Effective Date This Ordinance shall be in full force 'an8 effect thirty days after the date of its passage and adoption. Section II - Enforcement. The City Clerk is hereby authorized and in- atructed to file a certified copy of this ordinance upon its becoming effective with the Sheriff's Office of the County of Santa Clara, State of California. Section III - Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circu- lation published and circulated in the City within fif- teen (15) days after its passage, in accordance with Section 36933 of the Government Codef shall certify to the adoption of this ordinance and shall cause this ordi- nance and her certification, together with proof of pub- (CC.D1/OGl 23 lication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCBD at a regular meeting of the City Council this 21st day of October , 1991, and $NACTBD at a regular meeting of the. City .Council this 4th ...day of .November ,,.1991,, by the following vote:. Vote: Members of the City Council: Ayers Goldman. Rogers. Sorensen. Szabo Noes s . Nona .,:..Absents;. ~Pp~l ~ .,. ,, ~ ~: E -, ~-s~;~~~~ Abstains None , , ,.~:, ,.. _ ,..1 ,~r° ATTS3Ts APPROVSDs /rS ~[ C ty C r Hayor, C ty o Cupert no - _ Pro:Tempore. lr;.'t ~tu~~ _. ., .. ,_ .. ..,,a~.~:~ . -