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Ordinance 1999-13ORDINANCE NO. 99-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 12 OF THE G1LROY CITY CODE, REGARDING GARBAGE AND REFUSE COLLECTION AND DISPOSAL, AND PROCEDURES FOR THE COLLECTION OF DELINQUENT GARBAGE AND REFUSE CUSTOMER BILLINGS AS SPECIAL ASSESSMENT LIENS. WHEREAS, the City Council of the City of Gilroy ("City Council") finds that regular and prompt collection of garbage and refuse is necessary to protect the health, safety and welfare of the residents of the City ("City"); and WHEREAS, the City Council finds that to ensure and protect the health, safety and welfare of the residents of the City, providing for garbage and refuse collection service by an exclusive franchise is necessary; and WHEREAS, the City and South Valley Disposal & Recycling Inc. ("Contractor") have entered into an exclusive franchise agreement to provide the garbage and refuse services required by the City subject to the provisions, terms and conditions set forth in the franchise agreement, dated September 2, 1997, as amended ("Agreement"); and WHEREAS, City and Contractor further desire to implement a lien procedure for the collection of delinquent garbage and refuse customer billings as provided for by the Agreement and Government Code Sections 25831 and 38790.1; and WHEREAS, Chapter 12 of the Gilroy City Code requires amendments to implement a lien procedure for the collection of delinquent garbage and refuse customer billings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Chapter 12, Division 2, Section 12.16 entitled "Mandatory garbage service required; unlawful to hinder collectors" is hereby amended to read as follows: "Section 12.16 Mandatory garbage and refuse collection service; property owner responsibility; unlawful to hinder collectors. (a) It shall be mandatory for the property owner of each occupied residential or commercial premises to subscribe to and pay for at least the minimum level of garbage and refuse collection UH\440465.03 95.-063004706002 ORDINANCE NO. 99-13 service made available to that premises by the garbage and refuse collector ("Collector") as specified in the franchise agreement between the City and the Collector, and failure to do so shall be unlawful. (b) The charges for garbage and refuse collection s~rvice rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the property owner, tenant or any other subscribing person on behalf of the property owner has any garbage and refuse to be collected on any particular collection date during such occupancy. (c) Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage and refuse collection service are made by the property owner, tenant or any other subscribing person on behalf of the property owner. However, any such arrangement will not affect the property owner's obligation to pay for garbage and refuse collection service as provided herein. (d) It shall be unlawful for any person to hinder, threaten, impede or obstruct any Collector holding a pemfit as provided in this division in the performance of his or her duties as defined by section 12.9." SECTION II: Chapter 12, Division 5, Sections 12.23-2 through 12.23-14, entitled "COLLECTION OF DELINQUENT FEES; LIEN PROCEDURE" is hereby added to the Gilroy City Code to read as follows: "DIVISION 5. COLLECTION OF DELINQUENT FEES; LIEN PROCEDURE Section 12.23-2 Commencement of garbage and refuse collection service. The property owner, tenant or any other subscribing person on behalf of the property owner shall commence garbage and refuse collection service within ten (10) days after occupancy of a premises, or portion thereofi In the event service is not initiated within such period of time, the Finance Director ('~Director") may give written notice to the property owner that garbage and refuse collection service is required. If service is not initiated by the property owner, tenant or any other subscribing person on behalf of the property owner within ten (10) days after the date of mailing the notice, the Director shall authorize the Collector to begin and continue providing the minimum level of garbage and refuse collection service to such premises, and the service shall be ~JH\440465.03 95~)63004706002 ORDINANCE NO, 99-13 deemed to have been made available as of the date of such authorization. Section 12.23-3 Failure to pay for garbage and refuse collection service. The Collector shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in this Division. Garbage and refuse collection service shall not be discontinued by reason of any failure to pay the charges for such service. Section 12.23-4 Notification of delinquency. (a) If a bill for garbage and refuse collection service remains delinquent for thirty (30) days, the Collector shall send or deliver notice of any dehnquency to the property owner, tenant or any other subscribing person on behalf of the property owner indicating the amount owed for garbage and refuse collection service. (b) If a bill for a garbage and refuse collection service remains delinquent for sixty (60) days, the Collector shall be entitled to collect a late charge in such amount as approved by the City Council. The Collector shall, at any time after such sixty (60) day period, send or deliver notice of any delinquency to the property owner, tenant or any other subscribing person on behalf of the property owner indicating the amount owed for garbage and refuse collection service, the amount of late charge thereon, and advising the property owner, tenant or any other subscribing person on behalf of the property owner, that failure to pay the same will result in a special assessment and the placement of a lien upon the premises. (c) All notices pursuant to this Division shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner (hereinafter "Property Owner and Tenant"). The form of delinquency notice shall be approved by the Director. Section 12.23-5 Assignment of delinquent account. In the event the bill for garbage and refuse collection service together with any late charge thereon is not paid in full within thirty (30) days after the date of mailing the notice of delinquency ~JH\440465.03 954)63004706002 ORDINANCE NO. 99-13 to the Property Owner and Tenant pursuant to Section 12.23-4(b) above, the Collector may assign such bill to the City for collection through the initiation of lien and special assessment proceedings in accordance with this Division. The assignment shall include the name and address of the Property Owner and Tenant, the assessor's parcel number of the premises, the period of garbage and refuse 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 Director, together with a copy of the notices of delinquency mailed or otherwise delivered to the Property Owner and Tenant with proof of service. Section 12.23-6 Initiation of special assessment and lien. Upon the City's receipt of the assignment fi.om the Collector, the Director shall prepare a report of delinquency ("Report") and initiate proceedings to create a special assessment and lien on the premises to which the garbage and refuse collection service was provided. The Director shall fix a time, date and place for an administrative hearing by the Director to consider any objections or protests to his or her Report. Section 12.23-7 Notice of administrative hearing on special assessment and lien. The Director shall send written notice of the administrative hearing to the Property Owner and Tenant of the premises against which the special assessment and 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 assessment roll or as known to the Director. A copy of the notice shall also be mailed to the Collector. Said notice shall set forth the amount of delinquent garbage and refuse collection service charges, the amount of any late charge thereon, and shall inform the recipient of the possible levy of a special assessment and lien on the premises and administrative charges as provided in this Division. Said notice shall also inform the Property Owner and Tenant of the time, date and place of the administrative hearing and the subsequent pubhc heating to be conducted by the City Council, and advise the Property Owner and Tenant of his or her fight to appear at both the administrative hearing and the public hearing to state his or her objections to the Report or the proposed special assessment and lien. Section 12.23-8 Administrative hearing on special assessment and lien. At the time and place fixed for the administrative hearing, the Director shall hear and consider any objections or protests to his or her Report. The Director may correct or modify the Report as he or she deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his or her decision. ~JH\440465.03 ORDINANCE NO. 99-13 95-063004706002 The Director shall thereupon submit a final report ("Final Report") to the City Council for confirmation and shall furnish a copy of such Final Report to the all persons to whom notice was sent pursuant to this Division. Section 12.23-9 Public hearing on special assessment and lien. The City Council shall conduct a public hearing to consider the Director's Final Report at the time and place set forth in notice described in section 12.23-7. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the Final Report, or any portion thereof, should not be confirmed. The City Council's review shall be limited to the administrative record and evidence presented at the Director's administrative hearing. The City Cotmcil may adopt, revise, reduce or modify any charge shown in the Final 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 City Council shall confirm such Final Report by resolution. The decision by the City Council on the Final Report and any objections or protests thereto, shall be final and conclusive. Section 12.23-10 Recording of lien. Upon confirmation by the City Council of the Final Report, the Director shall cause to be recorded in the Office of the Recorder for Santa Clara County, a lien against each premises described in the Final Report for the amount of delinquent garbage and refuse collection service charges and late charges as confirmed by the City Council by resolution. The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to this Division shall be notified by the Director that the delinquent garbage and refuse collection service charges, late charges and administrative charges are due and payable to the City and that said lien has been recorded. Section 12.23-11 Levy of special assessment. Upon confirmation by the City Council of the Director's Final Report, as rendered or modified, the delinquent garbage and refuse collection service charges, late charges and administrative charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Director shall file a copy of the Final 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 garbage and refuse collection service charges, late charges and administrative charges as special ~JHtA40465.03 95~63004706002 ORDINANCE NO. 99-I 3 assessments against the respective premises described in the Director's Lien Report. The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the property owner. Section 12.23-12 Collection of special assessment. The special assessment shall be collected at the same time together with an in the same manner and frequency 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 ordinal~ municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue tmtil all of the delinquent garbage and refuse collection service charges, late charges and administrative charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enfomement of municipal taxes shall be applicable to such special assessment." SECTION III: If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Ordinance shall not be affected thereby. // // // // // // // // tJH\440465.03 95,.063004706002 ORDINANCE NO. 99-13 SECTION IV: This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 7th day of September, 1999, by the following votes: AYES: COUNCILMEMBERS: NOS: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: ATTES / Rhonda Pellin, _City Clerk ARELLANO, GIFFORD, MORALES, ROWLISON, GILROY SPRINGER SUDOL P O K~ A. Mike Gikoy, Maybr ~JHg[40465.03 95-063004706002 ORDiNANCE NO. 99-13 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-13 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of September, 1999, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 22nd day of September, 1999. City Clerk of the City of Gilroy (Seal)