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HomeMy WebLinkAboutORD NO 3939ORDINANCE NO. 3 9 3 9 AN ORDINANCE AMENDING SUBSECTION B OF SECTION 8.32.010, SUBSECTION A OF SECTION 8.32.040, SUBSECTION A OF SECTION 8.32.050, SUBSECTION D OF SECTION 8.32.060, SUBSECTION G OF SECTION 14.04.110, AND SECTION 14.12.195 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COST RECOVERY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection B of Section 8.32.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.010 Declaration of policy. B. The council of the city of Bakersfield finds that to give practical effect to this policy, a comprehensive system for the management of solid waste including periodic collection, removal and disposal of refuse/solid waste/recyclables from all places and premises within the city is essential and to accomplish this purpose for 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 the owner and/or occupant of all uses of property in the city, and therefore, all such owners and/or occupants are made liable for the charges set by the city council. SECTION 2. Subsection A of Section 8.32.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.040 Charge as debt against occupant of property - Penalty. A. A charge set by the city council for refuse/solid waste management services shall be a civil debt owing to the city from the owner and/or occupant of the property. -- Page I of 4 Pages -- SECTION 3. Subsection A of Section 8.32.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.050 Billing property owner. A. The charges set by the city council for refuse/solid waste management services may be billed to the property 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 4. Subsection D of Section 8.32.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.32.060 Billing, collection and payment of charges - Refunds. D. All charges set by the city council for refuse/solid waste/recycling services or otherwise imposed in this chapter are due and payable on the first day of the month and become delinquent after the last day of the month. Interest at the rate of one percent per month shall be added to any delinquency. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs, including attorneys' fees. SECTION 5. Subsection G of Section 14.04.110 of the Bakersfield Municipal Code is hereby amended to read as follows: 14.04.110 Conditions for discontinuance - Restoration of service - Fees. G. Restoration-Reconnection Charge. When water service has been discontinued for noncompliance with a section of the Bakersfield Municipal Code, a restoration-reconnection fee will be assessed as set by the city council. SECTION 6. Section 14.12.195 of the Bakersfield Municipal Code is hereby amended to read as follows: -- Page 2 of 4 Pages -- 14.12.195 Maintenance of house connection sewer. All property owners shall maintain the house connection sewer from all points on their property to the public sewer. It is the responsibility of all property owners to repair any blockage of or damage to the house connection sewer. At the request of a property owner within the incorporated area, the city will repair that portion of the house connection sewer between the city right of way and the public sewer for a fee to be determined on a time and materials basis. At the request of a property owner in the unincorporated area where there is a connection to the city public sewer, the city will repair that portion of the house connection sewer between the right of way and the city public sewer for a fee to be determined on a time and materials basis. SECTION 7. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... -- Page 3 of 4 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the n N0V 171 Council of the City of Bakersfield at a regular meeting thereof held o ~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~Qi~- COUNCILMEMBER COUNCILMEMBER NOB~ CITY CLERK and EX OFFI~O of the Council of the City of Bakersfield APPROVED: NOV 17 1999 By: ~"~ BOB PRICE?Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney RbBERT M'. SHERFY Assistant City Attorney RMS:dlr S:\COUNCIL\Ords\Cost RecoveryAmnd,wpd -- Page 4 of 4 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 the 17th day of November , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3939 , passed by the Bakersfield City Council at a meeting held on the and entitled: 18th day of November 1999 An ordinance amending subsection B of subsection 8.32.010, subsection A of section 8.32.040, subsection A of section 8.32.050, subsection D of section 8.32.060, subsection G of section 14.04.110, and section 14.12.195 of the Bakersfield Municipal Code relating to cost recovery. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield , ? 1 DEPUTY City Clerk- ~ S:\DOCU MENT~AOPOSTING November 18, 1999