The URL can be used to link to this page

Home My WebLink AboutORD NO 3106ORDINANCE NO. 3106 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 8.32.010 B. AND C., 8.32.020 E., 8.32.030, 8.32.070 A. AND B., 8.32.090 A., AND 8.32.100, AND REPEALING 8.32.040, 8.32.050, 8.32.060, AND 8.32.080 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REFUSE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 8.32.010 B. and C. of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.010 Declaration of policy. B. The Council of the City finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal and disposal of refuse from all places and premises within the City is essential and that to accomplish this purpose in the best interest and welfare of all the inhabitants of the City and for the general benefit of the community at large, it is necessary to provide that such services should be paid for directly by occupants of all uses of property in the City, and that therefore~ all such occupants are made liable for the refuse charges set pursuant to the procedures specified in Chapter 3.70 of this Code. C. Every such occupant shall pay not they use the refuse collection service requirement is lawful. such charges whether or in all cases where such SECTION 2. Section 8.32.020 E. of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.020 Definitions. E. "Director of public works" means the public works manager of the City or his authorized agent. SECTION 3. Section 8.32.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.030 Special collection charges--Industries to dispose of industrial wastes. A. 1. Whenever any place, premises or use of property has accumulated refuse which requires special handling or is not prepared in accordance with Section 8.32.150 or which is not regu- larly collected and charged for under the provisions of this chap- ter or which has not been regularly collected due to obstruction or other factors impeding pickup during scheduled collections, collection of such refuse shall be considered a special collection.. 2. Charges for such special collection shall be forty dollars per hour with a minimum charge of seven dollars for the first ten minutes or fraction thereof. Time charged after the first ten minutes shall be on the basis of five-minute intervals calculated to the nearest five minutes. Such charges may be adjusted from time to time by the community services manager, with the approval of the City Manager, to reflect the actual total cost of providing such service. Whenever any residential property has refuse containers which are not placed in accordance with Section 8.32.140, there shall be an additional charge of three dollars per month per location. B. Industries in the City, not the City, shall be responsible for the proper collection and removal of industrial waste from industrial premises. The community services manager shall determine what is and what is not industrial waste. SECTION 4. Section 8.32.070 A. and B. of the Bakersfield Municipal Code are hereby amended to read as follows: 8.32.070 Charge as debt against occupant of property-- Penalty. A. A charge set pursuant to the procedures specified in Chapter 3.70 of this Code for refuse services shall be a civil debt owing to the City from the occupant of the property. B. Any service user who fails or refuses to pay such charges shall be subject to a penalty of fifty dollars or ten per- cent of the charge due, whichever is larger, in addition to any interest due as a result of such failure or refusal. SECTION 5. Section 8.32.090 A. of the Bakersfield Municipal Code is hereby amended to read as follows: - 2 - 8.32.090 Billing property owner. A. The charges set pursuant to the procedures specified in Chapter 3.70 of this Code for refuse services may be billed to the prperty owner who may collect such charges imposed against the occupants of such unit or units located on such premises, and shall transmit the amount so collected to the City. SECTION 6. Section 8.32.100 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.100 Billing, collecting and payment of charges-- Refunds. A. The collection of the charges set pursuant to the procedures specified in Chapter 3.70 of this Code for refuse serv- ices shall be under the direction, supervision and control of the Finance Director. B. Collection of charges set pursuant to the procedures specified in Chapter 3.70 of this Code for refuse services for single-family dwellings, duplexes, triplexes and fourplexes shall be submitted by the Finance Director to the Kern County auditor- controller and tax collector, and to such other county officers as may be required, for placement of such charges as assessments on the secure roll of the county and he shall request that the tax collector each year collect and enforce the assessments in the same manner as ad valorem property taxes. With respect to all other charges, the Finance Director may require billings to be paid quarterly in advance; provided that the first quarterly charges shall be prorated for the unexpired number of months or major part thereof in such quarter. C. The Finance Director may make refunds of advance pay- ments on the same pro rata basis if requested in writing in affi- davit form by the depositor within three months from the date of any termination of an account, otherwise no refund shall be made. Adjustments for any increase or decrease of service shall other- wise be made only on a quarterly basis. D. All bills for the charges set pursuant to the proce- dures specified in Chapter 3.70 of this Code for refuse services or otherwise imposed in this Chapter are due and payable upon billing therefor and become delinquent sixty days after billings are mailed. An additional ten percent administrative service charge and interest at the rate of one percent per month shall be added to any surcharge which is delinquent. Should the City resort to court action to collect amounts due, the City shall be entitled also to collect its reasonable costs. - 3 - E. Beginning with the 1986-87 fiscal year, persons aged 65 or older who own and have owned and occupied a single-family dwelling since March 1st of the preceding year shall, upon appli- cation to the Finance Director between April 1st and June 30th, be entitled to a refund of one-half that year's annual charges paid for City refuse collection services to such dwelling. Not more than one refund shall be made per dwelling. F. Owner/occupants of a single-family dwelling, absent from such dwelling for a period of thirty consecutive days after the effective date of the ordinance adopting this subsection shall, upon application to the Finance Director, be entitled to a prorated refund of refuse charges for such period as the dwelling is unoccupied, provided advance notice that the dwelling would be unoccupied for such period of time was provided to the Community Services Department. SECTION 7. Sections 8.32.040, 8.32.050, 8.32.060 Bakersfield Municipal Code are hereby repealed. and 8.32.080 of the SECTION 8. Section 8.32.070 shall be renumbered 8.32.040, Section 8.32.090 shall be renumbered 8.32.050, and each successive section shall be renumbered in consecutive order. This ordinance City charter provisions days from and after the SECTION 9. shall be posted in accordance with the and shall become effective thirty (30) date of its passage. .......... 000 .......... - 4 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 15, 1987 , by the following vote: AYES: COUNCILMEMt]ERS: CPI~DS;CHg SI-'[~'"JrN. SMITH, RAT~, MO~RE,~CON~ SALVAGGIO NOES: COUNCILMEMBERS: ~~ ~ / ,~~~ ABSENT: COUNCILMEMBERS ~~ ABSTAINING: COUNCILMEMBERS: '~. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED July 15, 1987 MAYOR of the City of Bakersfield APPROVED as to form: CITY 'A~NE~-~ tee ~ity of Bakersfield AJS/meg 00RD 4 O.REFUSEt - 5 - Affh ., t! of osttng STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on_ September 24 , 19 87 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on JULY 15 , 19 87 , which ordinance was numbered 3106 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 8.32.010 B. AND C., 8.32.020 E., 8.32.020, 8.32.070 A. AND B., 8.32.090 A., AND 8.32.100, AND REPEALING 8.32.040, 8.32.050, 8.32.060, AND 8.32.080 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REFUSE. City Clerk