HomeMy WebLinkAboutORD NO 2863EMERGENCY ORDINANCE NO. 2863
NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTIONS 8.32.020
J., O., AND P., SECTIONS 8.32.030 A. 1., B., C.
1., D., AND E. 2., SECTION 8.32.040, SECTION
8.32.050, SECTION 8.32.060 B., SECTION 8.32.080,
SECTION 8.32.090 A., AND SECTION 8.32.100 B.,
AND C., OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE
TO REPEALING SUSPENSION OF CHARGES, MODIFICATION
OF CHARGES, AND COLLECTION OF CHARGES BY THE TAX
COLLECTOR WITH PROPERTY TAXES AND BY DIRECT
BILLING.
WHEREAS, the City Council heretofore adopted Ordinance
No. 2850 NS amending section 8.32.060 B. to suspend refuse charges
for the period June 1, 1983, to May 31, 1984, but announced its
intention to reconsider said suspension of refuse charges at the
time of budget hearings; and
WHEREAS, the City Council, in order to balance the
budqet has found it necessary to impose a charge to be deposited
in the general fund based upon an amount equal to a portion of
the actual cost of refuse collection provided by the City; and
WHEREAS, this Emergency Ordinance is necessary for the
immediate preservation of the public health, property and safety
and for generation of revenues for the daily operation of a
municipal department; and
WHEREAS, the City Council desires that such refuse
charges for single-family dwellings, duplexes, triplexes and
fourplexes be collected by the County Tax Collector.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Sections 8.32.020 J., 0., and P., of the Bakersfield
Municipal Code are hereby amended to read as follows:
8.32.020 Definitions.
J. "Multiple-family dwelling" means a building designed for
residential occupancy and includes duplexes, triplexes, apartments,
bun¢[alows in a bungalow court, apartment houses, and mobile homes,
situated on a single parcel, and condominiums.
O. "Single-family dwelling" means any detached building
designed and used exclusively for occupancy by one family, excluding
bungalows in a bungalow court and mobile homes.
P. "Standard container" means a metallic or plastic can or
disposable polyethylene or plastic bag of sufficient strength to
prevent them being broken under ordinary conditions. They shall
have a maximum capacity of thirty-two gallons and such cans shall
not exceed eighty pounds and such bags shall not exceed forty
pounds when filled. Cans shall be equipped with a flytight cover,
cover handles, and side bails. Bags shall be secured at the top.
Standard container also means any container designed for and
served by automated collection equipment.
SECTION 2.
Sections 8.32.030 A. 1., B., C. 1., D., and E. 2.,
the Bakersfield Municipal Code are hereby amended to read as
follows:
8.32.030
A. 1.
month.
B.
of
Nature and schedule of disposal charges.
Charge, three dollars and forty cents ($3.40) per
Multiple-family dwellings shall have the following:
1. For duplexes, triplexes and fourplexes: charge,
two dollars and seventy-five cents ($2.75) per unit; twice per
week pickups.
2. For complexes of more than four units: charge, two
dollars and seventy-five cents ($2.75) per unit, with the use of
standard containers, or the charge set forth in Schedule A of this
chapter, with optional use of detachable bins; service,
twice per week pickups of standard containers, or service under
Schedule A of this chapter if option exercised for use of detachable
bins.
C. 1. Charge, three dollars and forty cents ($3.40) per
month, minimum, or two dollars and seventy-five cents ($2.75) per
month per unit, with use of standard containers; or the charge set
forth in Schedule A of this chapter, with optional use of detachable
bins; or the charge set forth in Schedule B of this chapter, with
optional use of more than two standard containers and/or more than
twice a week pickup.
D. Any place, premises or use of property using the stationary
compactor and dropoff box: fifty-nine dollars and sixty cents
($59.60) shall be charged per collection.
E. 2. Charges for such special collection shall be forty
dollars ($40.00) per hour with a minimum charge of seven dollars
($7.00) 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 Director of
Public Works, 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 ($3.00) per month per location.
SECTION 3.
Section 8.32.040 of the Bakersfield Municipal Code
hereby amended to read as follows:
8.32.040 Schedule A - Schedule
Bins.
of monthly charges for detachable
o
SCHEDULE A
Schedule of Monthly Charges for Detachable Bins
A. Units or Uses Using One and One-Half or Two Cubic Yard
Detachable Bins.
Three
($40.0O)
B.
Charge Per Month
Pickups Per Week (per bin)
2 $16.50
3 23.80
4 31.10
5 38.40
6 45.70
or more bins on daily service rate is reduced to forty dollars
per bin per month.
Units or Uses Using Three Cubic Yard Detachable Bins.
Charge Per Month
Pickups Per Week (per bin)
2 $23.80
3 32.95
4 42.10
5 51.25
6 60.40
Three or more bins on daily service rate is reduced to fifty-five
dollars ($55.00) per bin per month.
C. Units or Uses Using Four Cubic Yard Detachable Bins.
Charge Per Month
Pickups Per Week (per bin)
2 $29.30
3 38.40
4 47.60
5 56.70
6 65.85
Three or more bins on daily service rate is reduced to sixty
dollars ($60.00) per bin per month.
Three
dollars
E.
Units or Uses Using Five Cubic Yard Detachable Bins.
Charge Per Month
Pickups Per Week (per bin)
2 $33.55
3 43.25
4 52.90
5 62.65
6 71.60
or more bins on daily service rate is reduced to sixty-five
($65.00) per bin per month.
Units or Uses Using Six Cubic Yard Detachable Bins.
Charge Per Month
Pickups Per Week (per bin)
2 $38.75
3 48.75
4 58.90
5 67.85
6 77.55
Three or more bins on daily service rate is reduced to seventy
dollars ($70.00) per bin per month.
SECTION 4.
Section 8.32.050 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.32.050 Section B - Schedule of monthly charges for standard
containers.
SCHEDULE B
Schedule of Monthly Refuse Charges for Standard Containers
No. of Pickups Per Week
No. of Std.
Containers 2 3 4 5 6
1 or 2 $ 3.40 $ 5.10 $ 6.80 $ 8.50 $10.20
3 5.10 7.65 10.20 12.75 15.30
4 6.80 10.20 13.60 17.00 20.40
5 8.50 12.75 17.00 21.25 25.50
6 10.20 15.30 20.40 25.50 30.60
7 11.90 17.85 23.80 29.75 35.70
8 13.60 20.40 27.20 34.00 40.80
9 15.30 22.95 30.60 38.25 45.90
10 17.00 25.50 34.00 42.50 51.00
SECTION 5.
Section 8.32.060 B. of the Bakersfield Municipal Code
hereby amended to read as follows:
8.32.060 Suspension of fees.
B. The charges imposed in sections 8.32.030, 8.32.040 and
8.32.050 shall become effective on September 1, 1983.
SECTION 5.
Section 8.32.080 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.32.080 Increases or decreases in charges.
The charges specified in this chapter may be revised
annually during the City Council budget hearings, provJ_ded that
any increase does not result in charges that are greater than the
City's actual costs in providing the service, and this chapter
shall be amended accordingly to reflect such revisions.
e
Section 8.32.080 C.
hereby repealed.
SECTION 7.
of the Bakersfield Municipal Code is
SECTION 8.
Section 8.32.090 A. of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.32.090 Billing property owner.
A. The charges imposed by this chapter 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 9.
Section 8.32.100 B., and C., of the Bakersfield Municipal
Code is hereby amended to read as follows:
8.32.100 Billing, collection and payment of charges - Refunds.
B. Collection of charges imposed under this chapter upon
single-family dwellings, duplexes, triplexes and fourplexes shall
be submitted by the Director of Finance 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 secured roll of the County and he shall request that said Tax
Collector each year collect and enforce said assessments in the
same manner as ad valorem property taxes. With respect to all
other charges, the manager 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 manager may make refunds of advance payments on the
same pro rata basis if requested in writing in affidavit 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 otherwise be made only
on a quarterly basis. Notwithstanding any other provisions in
this chapter, should adjacent complexes of multiple-family dwellings
sharing the use of detachable bins be subject to a greater charge
under Section 8.32.030 B. than previously imposed under Section
8.32.040, the owners thereof shall be entitled, upon application
to the manager, to a refund of the difference.
SECTION 10.
Adoption of this Emergency Ordinance is exempt from the
provisions of the California Environmental Quality Act as this
City Council finds that this Emergency Ordinance modifying charges
is for the purpose of meeting operating expenses in accordance
with Section 21080(b) (8) of the California Public Resources Code.
SECTION 11.
This Emergency Ordinance is necessary for the immediate
preservation of the public health, property and safety and to
provide revenue for the daily operation of a municipal department
and shall become effective immediately upon its passage.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Emergency Ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 3rd day of August
1983, by the following vote:
CITY CLERK ~nd F/x Officio Clerk of the
Council of the City of Bakersfield
APPROV~f?this 3rd day of ~ August , 1983
MAYOR~//~e City of Bakersfield
APPROVED as to form:
AJS: mro
7-29-83
8-03-83
Aff avi of os tng r nau es
STATE OF CALIFORNIA, f
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa .....................~.~.._~ ..............................................................................19_.8.3. he 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 ..............~.~..g....u..?_~_....~. ......................................................19..?p.3...., which ordinance
was numbered ..........~.~..~..~ .....................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD A;{ENDING SECTIONS 8.32.020
J., O., AND P., SECTIONS 8.32.030 A. 1., B., C.
1., D., AND E. 2., SECTION 8.32.040, SECTION
8.32.050, SECTION 8.32.060 B., SECTION 8.32.080,
SECTION 8.32.090 A., AND SECTION 8.32.100 B.,
AND C., OF THE BAKERSFIELD ~{UNICIPAL CODE RELATIVE
TO REPEALING SUSPENSION OF CHARGES, MODIFICATION
OF CHARGES, AND COLLECTION OF CHARGES BY THE TAX
COLLECTOR WITH PROPERTY TAXES AND BY DIRECT
BILLING.
/City Clerk
Subscribed and sworn to before me this
..... ] ~.~.h._ day of ......-~.~.g.~.~.~ ...............................,19.~..~ ....
..... .. ...............