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HomeMy WebLinkAboutOrd 04-93 Garb on Prop Tax BillORDINANCE 4- 93 URGENCY ORDINANCE AMENDING SOL1D WASTE MANAGEMENT ORDINANCE TO PROVIDE FOR THE COLLECTION OF THE MINIMUM RESIDENTIAL BASIC GARBAGE FEE ON PROPERTY TAX BILL AND PAYMENT FOR SAID SERVICES BY THE CITY CHAPTER 5.32 - DUBLIN MUNICIPAL CODE SECTION 1 Chapter 5.32 of the Dublin Municipal Code shall be amended as follows: ge Section 5.32.094 Payment for Minimum Service shall be added to Chapter 5.32 of the Solid Waste Management Ordinance. Every person in possession or control of property in the City of Dublin which is provided garbage collection service by the collector shall pay such garbage fees as are set forth in Section 5.32.140. Fees and charges for the minimum service level for all residential units not receiving commercial bin service for the period of July 1, to and including June 30 of each fiscal year shall be filed by the City with the County Auditor of the County of Alameda prior to August 10, who shall enter such fees and charges as an assessment on the tax roll and against the respective premises. The imposition of these assessments shall be in accordance with a Resolution duly adopted by the City Council. The Resolution levying the assessment may include the administrative costs associated with the cost of providing the service. Said assessments shall be collected at the same time and in the same manner as ad valorem taxes and other charges as are otherwise collectible by the County and shall be subject to the same penalties and the same procedures and sale in the case of delinquencies as proved for such taxes. All laws applicable to the levying, collection and enforcement of ad valorem taxes shall be applicable to such assessments as provided herein. All other fees and charges not assigned for collection to the County Auditor shall be billed and collected by the collector. B. Section 5.32.100 Responsibilities of Collector The collector shall collect all solid waste delivered to such places of collection and at such intervals as set fourth herein and shall transfer the contents of all solid waste receptacles into the vehicles provided therefor. The collector shall clean up any solid waste spilled during the collection and shall completely empty the receptacles and replace lids. The collector shall continue to provide uninterrupted minimum refuse collection service as identified in Section 5.32.140 to all residences. C. Section 5.32.110 Submission of Invoices and Receipts The collector shall, at least quarterly submit to every regular customer within the City a written, dated invoice for sums due and payable to be collected. Amounts due under this section shall exclude charges for the minimum service level. In the event the collector submits an invoice in'advance of or at the beginning of a particular quarter, the sums due for such quarter shall not be deemed delinquent until the expiration of the second month of such quarter. The collector also shall, if requested by any customer, render a written, dated receipt for any money received by the collector from such customer on account of solid waste collection services rendered or to be rendered. D. Section 5.32.115 City entitled to Payment for Minimum Residential Service The Collector City shall be entitled to payment from the owner as described in this chapter. Any assessments as described in Section 5.32.094 which remain unpaid may be collected thereafter by the City as provided herein. A. As scheduled and deemed appropriate by City, the City Council shall consider a report of delinquent accounts. B. The City shall determine the name or names of the owner of the real property for which the service was provided, as identified in the latest equalized assessment roll of the County Assessor. The City shall identify the total amount due, including reasonable administrative charges as established by the City. The City Council shall fix a time, date and place for hearing any objections or protests thereto. C. The Director shall cause a notice of the hearing to be mailed to owners listed on the report not less than ten (10) days prior to the date of the hearing. D. At the hearing, the City Council shall hear any objections or protest of owners liable to be assessed for delinquent fees and administrative charges. The City Council may make revisions or corrections to the report as it deems just, after which, by resolutions, the report shall be confirmed. E. The delinquent fees and charges set forth in the report as confirmed shall constitute a special assessment against the respective parcel of land and shall be a lien on the property for the amount of such delinquent fees and charges. F. A certified copy of the confirmed report shall thereafter be filed with he appropriate County Official for the amounts of the respective assessments against the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder of the Count of Alameda, of 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 are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value has been created and attaches thereon, prior to the date in which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. Section 2. - Repeal of Specific Sections of Chapter 5.32 Chapter 5.32 oof the Dublin Municipal Code shall be amended by the repeal of the following sections: A. Section 5.32.111 B. Section 5.32.112 C. Section 5.32.113 Failure to initiate service Complaint of non-payment Filing a written complaint by collector B. Section 5.32.114 Continuation of Service Section 3: Urgency Ordinance: The provisions of this ordinance shall take effect on July 1, 1993, pursuant to Government Code Section 36937 as an urgency ordinance. The urgency is based on the fact that the County,s tax year begins July 1, and all assessments must coincide with this time frame for equity and continuity. Section 4: Posting of Ordinance: The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin i accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 24th day of May, 1993 AYES: Councilmembers Burton, Howard, Houston, Moffatt & Mayor Snyder NOES: None ABSENT: None ABSTAIN: None Mayor