The URL can be used to link to this page

Home My WebLink AboutORD 180 1993 1006ORDINANCE NO. 180 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 8.36 RELATIVE TO SOLID WASTE COLLECTION SERVICES WHEREAS, the periodic collection of solid waste from all properties within the City benefits all of the people who live or do business within the City; and WHEREAS, because of such benefit, all of the people who live or do business within the City should share proportionately in the cost of solid waste collection services NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by revising section 8.36.020 to delete in their entirety the definitions of "Commercial customer" and "Residential customer" and add the following definitions to read as follows: 118.36.020 Definitions. "'Commercial occupant' means any person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee, using a bin or drop box for solid waste accumulations, conducting business, or operating an apartment, condominium, townhome complex, school, or mobile home park. For the purposes of this chapter, an apartment, condominium, or townhome complex shall contain four (4) or more units. With the City Manager's approval, a residential occupant who owns a business within the City, and disposes of residentially generated solid waste at the business shall be deemed a part of the commercial occupant and not a residential occupant. A commercial occupant shall be deemed a commercial customer." "'Residential occupant' means any individual or any group, or combination of individuals acting as a unit, other than as an employee, who occupies a single - family dwelling, or a dwelling in a duplex or triplex, or townhome or mobile home park for which the conditions, covenants, and restrictions or other operating documents of such complex or park require individual collection of solid waste and /or recyclables. A resident who 1 has a Home Occupation Permit shall be considered a residential occupant. If approved by the City Manager, occupants of a duplex or triplex on one parcel may share solid waste collection services, as long as the weekly set -out capacity does not exceed the single- family service limitations identified in the resolution setting residential collection fees, and if so approved shall be deemed one residential occupant. A residential occupant shall be deemed a residential customer." "'Occupant' means the person who is in possession of a commercial or residential property." "'Recyclables' or 'recyclable materials' means, but not limited to, any paper, glass, cardboard, plastic, ferrous metal, aluminum, green waste, or other material that is to be segregated for collection pursuant to the resolution of the City Council." "'Temporary Service' means solid waste collection service which is provided on a non - regularly scheduled basis. Temporary service also includes all commercial service, and residential service requiring the use of a drop box, as defined in Section 8.36.040(d) . Construction, demolition, and land - clearing projects would be considered typical types of temporary service." SECTION 2. The Moorpark Municipal Code is hereby amended by revising Section 8.36.070 to read as follows: 118.36.070 Contract and payment for solid waste collection service A. The City shall provide for the weekly collection, transportation and disposal of solid waste generated on private property in the City. Every commercial occupant and residential occupant shall contract for solid waste collection service. With City Manager approval, the obligation to contract for solid waste collection service may be waived due to extraordinary financial costs as a result of physical access limitations. Every commercial occupant and residential occupant who is required to contract for solid waste collection service shall pay a collection fee, established by resolution of the City Council, for the maximum amount of solid waste to be collected at any one time from the subject property without the imposition of additional service charges. Every commercial occupant and residential occupant who is not required to contract for solid waste collection service shall be required to pay a Solid Waste Management fee, as established by the resolution of the City Council. The collection fee and Solid Waste Management fee shall each be a civil debt owing to the City, except that if the City provides 2 for solid waste collection by means of a licensee or franchisee, then the civil debt shall be owed to the licensee or franchisee. It shall be unlawful for any commercial occupant or residential occupant to fail to pay the collection fee or Solid Waste Management fee within the time period specified on the billing statement, which time period shall not be less than thirty (30) days from the date the notice is mailed. B. The failure of any occupant to promptly remit the collection fee or Solid Waste Management fee when due and payable shall entitle the City or, in the case of a license or franchise, the licensee or franchisee to collect a late fee from that occupant. The amount of the late fee shall be established by resolution of the City Council. The maximum amount of solid waste to be collected at any one time from the property of commercial and residential occupants without the imposition of any additional service charges shall be determined by resolution of the City Council. The occupant shall be charged an additional service charge for all solid waste in excess of the above limits on any given collection day. C. Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the City Council, any debt and all penalties shall be collected and annually transferred to the County Auditor for inclusion on the next year's tax bill of the respective property owner. An action in the name of the City may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and if legal action is brought by the City or its designee to enforce the collection of any amount charged and due under this ordinance, any judgement rendered in favor of the City shall include costs of suit incurred by the City or its designee including a reasonable attorney's fee if allowable by statute. SECTION 3. If any section, subsection, sentence, clause, phrase, part of the portion of this ordinance is in any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part of the portion of this ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. 3 SECTION 5. The City clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption hereof, cause the same to be published once in a newspaper of general circulation designated for that purpose. APPROVED and ADOPTED this 6th day of October, 1993. ATTEST: Xz Mayor 4 MOORPARK 799 Moorpark Avenue Moc,iG, ark. California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. _ 180 was adopted by the City Council of the City of Moorpark at a meeting held on the 6th day of OCTOBER , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 7th _ day of OCTOBER 1993. l 01 et- 4x Lillian E. Hare City Clerk PAUL W LAWRASON JR SCOTT MONTGOMERY PATRICK HUNIER BERNARDO M. PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tom nunulrnr.rmt >r" Counalmember Counulmembw