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HomeMy WebLinkAboutAGENDA REPORT 1993 0908 CC SPC ITEM 11MTO: FROM: 47kwa AGENDA REPORT CITY OF MOORPARK Honorable City Council Jill H. Rubin, Solid Waste Coordinator V r— August 26, 1993 (9/8 Council Meeting) ITEM I'• M so - 8 1992 ACTION: 2"t ArLY UGt�ic�xe�l,�e�ti SUBJECT: Consider Approval of a Required Refuse Collection Enforcement Policy and Ordinance Amendments to the City's Solid Waste Ordinance 123, Municipal Code Chapter 8.36. SUMMARY The City Council is being asked to consider approval of an enforcement policy for required refuse collection, and amend the City's Solid Waste Ordinance to provide clarifications of definitions and policies. BACKGROUND At the City Council meeting of February 5, 1992, Council directed the Public Works, Facilities and Solid Waste Committee (Mayor Pro Tern Montgomery and Councilmember Wozniak) and staff to develop a solid waste collection enforcement policy for the City's Solid Waste Ordinance, and present the findings to Council for consideration. As you may recall, the City's Solid Waste Ordinance, (Chapter 8.36, Section 070), effective March 1990, states that all "residential and commercial customers in the City shall contract with the City or its agent for the weekly removal of solid waste from their property." Although the ordinance makes refuse collection mandatory, the City does not have a policy to secure compliance, nor ensure that the cost of providing waste management services is equally applied to all residents. This staff report outlines the proposed Solid Waste Ordinance compliance policy. As stated above, the City's Ordinance requires residents and businesses to contract for refuse service for several reasons. First, required refuse collection ordinances address the concerns for public health and safety, and are an effective tool for eliminating illegal dumping. Second, the California Integrated Waste Management Act (AB 939) mandates cities to conduct waste reduction programs and perform waste audits to account for the amount of waste generated, disposed, and diverted from within its boundaries. Third, the City collects a franchise fee and AB 939/ Waste Management fee for residential and commercial services. The fees generate the Honorable City Council Required Refuse Collection September 8, 1993 Page 2 revenues that pay for the City's solid waste, recycling and waste reduction programs. While everyone benefits from these programs, whether they contract for service or not, only those who receive service from one of the City's franchised haulers actually pay for these services and programs. Examples of various programs provided by the City include the bi- annual community clean -up days, Christmas tree collection and chipping, composting workshops, educational programs, and future use of a Household Hazardous Waste Recovery facility. Historically, most of the City's residents and businesses comply with the City's Solid Waste Ordinance by contracting with one of the City's refuse haulers. However, in September 1992, approximately 381 residents were identified as not in compliance. At the September 2, 1992, City Council meeting, Council approved a letter writing effort to gain voluntary compliance with the City's Solid Waste Ordinance. Staff was directed to assess the impact of the letter and present the findings to Council once the letter writing campaign was completed (See letters in Exhibits "A 1 -2 "). The first letter was sent on October 30, 1992 to the original 381 residents who were not contracting for refuse services. On March 11, 1993, the second letter was mailed to residents who did not respond to the first letter, and were still not in compliance. Below, you will find a table summarizing the results of the two letters. As a result of the two letters, of the original 381 residents who were not in compliance, 214 (56 %) initiated service and 69 (18 %) were vacant addresses that were not targeted for further compliance action. The remaining 98 (26 %) not receiving service (67 requested an exemption and 31 did not respond to either letter), will be targeted for compliance efforts. FIRST MAILING SECOND MAILING TO NON- RESPONDENTS TOTAL LETTERS SENT 381 108 381 (ORIG.) STARTED SERVICE 183 31 214 REQUESTED EXEMPTION 30 37 67 NO RESPONSE 108 31 31 VACANT /MOVED 60 9 69 As a result of the two letters, of the original 381 residents who were not in compliance, 214 (56 %) initiated service and 69 (18 %) were vacant addresses that were not targeted for further compliance action. The remaining 98 (26 %) not receiving service (67 requested an exemption and 31 did not respond to either letter), will be targeted for compliance efforts. Honorable City Council Required Refuse Collection September 8, 1993 Page 3 After reviewing residents' responses (verbal or written) to the letters, the Committee and staff identified possible exemptions - compelling reasons for noncompliance. The Committee discussed the feasibility of granting exemptions to residents with property access limitations, financial (low income) limitations, and residents who live and own a business in Moorpark (For the complete listing of exemption requests received, see Exhibit "B" Exemption Requests). The Committee identified the following exemptions for inclusion in the proposed compliance policy: Physical access limitations to their property_ Moorpark residents owning a business in Moorpark that receive commercial service. Two or three dwelling units on one legal parcel, sharing refuse service that does not exceed the maximum set -out capacity. Regarding the financial limitations, the haulers indicated that they will establish payment plans with the residents experiencing financial hardships, and will work with low- income residents to ensure that refuse collection services are feasible for everyone. The Committee agreed to allow the haulers to take responsibility, on a trial basis, for residents requesting financial assistance. The Committee will monitor the haulers' efforts in this area, and if necessary, propose that the City Council consider other alternatives at a later time. It is proposed that residents who are granted exemptions will be required to pay an annual waste management exemption fee. This fee was determined by considering the solid waste management fee -AB 939 Fee ($1.00 per household per month) and a $10 administrative fee for a total of $22.00 per year. The waste management fee would go towards waste management programs, such as clean -up campaigns, x -mas tree recycling, and future household hazardous waste programs. Additionally, these residents would be required to complete a survey about where they dispose of refuse and recyclables, and the quantities disposed, for compliance with AB 939. Pending City Council action, those residents who continue to be in non - compliance and do not qualify for an exemption, will be sent a third and final letter requesting compliance. The third letter is attached as "Exhibit U. This letter is more stringent and stresses imminent legal action and \or fines to be imposed. Specifically, the City will provide one last opportunity for a resident to meet compliance by a specified date. Honorable City Council Required Refuse Collection September 8, 1993 Page 4 Should the resident fail to comply by the date, a citation for continued non - compliance will be issued by the City's Code Enforcement Office. Per the City of Moorpark Resolution 93 -925 (a revised schedule of penalties for infractions and misdemeanors), the offense is considered a misdemeanor violation with a bail amount set at $100. Again, the City and haulers will make every effort to assist with compliance. Only as a last result will the City pursue legal action. Solid Waste Ordinance Amendments: In order to implement an effective enforcement policy, it is necessary to amend the City's Solid Waste Ordinance 123, Municipal Code Chapter 8.36. The amendments proposed by the Committee and staff are outlined as follows. - Payment for refuse /recycling collection is the responsibility of every resident (property owner) and business owner. - The collection fee shall be a civil debt owing to the City. Payment will be paid to the City's designee (hauler). - Failure to pay the City or designee will be a civil offense, and the City or designee will have the ability to take an individual to Small Claims Court, and collect past fees. The City shall place a lien on the property of the delinquent customers for the collection of refuse fees, after notice and hearing. (Health and Safety Codes sections 25830 and 25831 and Government section 38790.1.) While we are visiting this issue, staff is proposing additional revisions that are necessary to update some of the definitions in the ordinance, to reflect current policies. Proposed definitions are presented below. "Commercial eust©Fw Occur 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 within a commercial or industrial zone, or operating an apartment, condominium, townhome complex, school, mobile home park within any zone. For the purposes of this chapter, an apartment, condominium, or townhome complex shall contain four (4) or more units. A commercial occupant shall be deemed a commercial customer. Honorable City Council Required Refuse Collection September 8, 1993 Page 5 "Green Waste" means materials generated from the maintenance or alteration of public, commercial, or residential landscapes including yard clippings, tree trimmings, prunings, brush, and weeds. "Occupancy" means the person who is in possession of non - residential 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. "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. For the purposes of this chapter. A residential occupant shall be deemed a residential customer." "Temporary Service" means solid waste collection service which is provided on a non - regularly scheduled basis. Temporary service includes all commercial service, and residential service requiring the use of a drop box, as defined in Section 8.36.040(d). Coreepefoiel Construction, demolition, and land- clearing projects would be considered typical types of temporary service. RECOMMENDATION The Public Works, Facilities, and Solid Waste Committee (Mayor Pro Tern Montgomery and Councilmember Wozniak) and staff recommend that the City Council: Approve the Required Solid Waste Collection Compliance Policy as outlined in the staff report. 2. Approve Amendments to the Solid Waste Ordinance 123, Municipal Code Chapter 8.36, to include Exemptions and Definitions as outlined in the staff report. Attachments: Exhibits A - C Ordinance Exhibit A -1 Required Refuse Collection Compliance Letter - 1st Notice October 30, 1992 Dear Moorpark Resident: It has come to the City's attention that you do not contract for refuse collection service. The Moorpark Municipal Code Section 8.36.070 reqUires residents and businesses to contract with the City or its agent for the weekly removal of solid waste from their property. Non - compliance is an infraction of the City's Municipal Code and can result in a monetary fine. If an individual does not comply after two infraction citations, a third citation will be issued and non - compliance would then be considered a misdemeanor violation. Anderson Rubbish Company is the refuse hauler authorized to remove refuse from your residence. Upon receipt of this letter, please contact Anderson Rubbish, (805) 526 -1919, to arrange for refuse collection and recycling services. Fees and collection schedules will be arranged at the time of your call. In an effort to receive your prompt reply, Anderson Rubbish will waive the initial start -up fee of $15.00, until November 16, 1992. In addition to receiving refuse removal services, the City will provide you with a green curbside recycling container and brochure informing you of the materials that can be recycled. In addition to general health concerns requiring refuse to be collected from residences and businesses, a State law (AB 939), effective January 1, 1990 requires cities to divert 25% of their wastestream from landfills by 1995, and 50% by the year 2000. In order to achieve the State mandate, Moorpark must monitor all materials disposed at the landfill and \or recycled. When residents neglect to contract for refuse collection services, the City can not appropriately monitor the waste reduction programs necessary to meet the requirements of AB 939. Should Moorpark not meet the State mandate, a fine of $10,000 a day may be imposed until the mandatory diversion goals are achieved. Again, the Moorpark Municipal Code requires residents and businesses to contract for refuse collection service, and non - compliance may result in monetary fines. If you currently contract for refuse collection service, please notify City Hall so that we may update our records. Should you have any questions, please contact Anderson Rubbish at (805) 526 -1919, or Jill Rubin or Mary Lindley at Moorpark City Hall, (805) 529 -6864. Sincerely, Steven Kueny City Manager Exhibit A -2 Required Refuse Collection Compliance Letter - 2nd Notice March 12, 1993 Dear Resident: On October 30, 1992 the City sent a letter notifying you that the City is aware that you do not contract for refuse collection service. The Moorpark Municipal Code Section 8.36.070 requires residents to contract with the City or its agent for the weekly removal of solid waste from their property. Non - compliance is a violation of the City's Municipal Code and may result in a monetary fine. A follow -up investigation conducted by City Staff indicates that you failed to respond to the first Municipal Code violation notice. This letter is considered your second violation notice. The City requests your immediate attention to this matter. Please contact City Hall by Monday, March 29, 1993_ Staff is available to assist you in achieving compliance, and will direct you to the appropriate refuse hauler serving your area. pursuant to the Moorpark Municipal Code Section 1.12.010. Again, the Moorpark Municipal Code requires residents to contract for refuse collection service, and non - compliance may result in a court appearance and monetary fines. If you disregarded the prior notice because you currently contract for refuse collection service, please notify City Hall so that we may update our records. Should you have any questions, please contact Jill Rubin or Mary Lindley at Moorpark City Hall, (805) 529 -6864. Sincerely, Steven Kueny City Manager Exhibit B Required Refuse Collection Exemption Requests As a result of the first letter writing campaign, Staff presented the Public Works, Facilities, and Solid Waste Committee with the exemption requests voiced by residents who did not have service. The exemption requests were placed in two categories - financial or physical limitations. Financial limitations Cannot afford monthly refuse fee Generates low volume - takes trash to work, relative, friend, or other location Moorpark or other business owner takes trash to work Part -time resident Physical limitations Located away from a main road, accessible only by an unimproved, dirt road Located on narrow, steep, and /or curvy road unaccessible by refuse truck Residents have a long\ steep driveway - difficult to place their refuse bins on the street for collection. As a result of the second letter writing campaign in March, we received two additional exemption requests not received from the first mailing in October: Property owner transports trash to another Moorpark property owned by the same resident. Two dwelling units on one lot share refuse service. rxi► ►b,,; C Required Refuse Collection Compliance Letter - 3rd Notice Dear Resident: On October 30, 1992 and March 11, 1993, the City sent a letter notifying you that the City is aware that you do not contract for refuse collection service. The Moorpark Municipal Code Section 8.36.070 requires residents to contract with the City or its agent for the weekly removal of solid waste from their property. Since you have failed to respond to the City's request by not contracting for refuse collection service, or providing the City with any response, the City will provide you with one last opportunity to meet compliance. Should you fail to comply with this request by November 4. 1993, a citation for continued non - compliance will be issued by the City's Code Enforcement Office, and you may be subject to legal action and monetary fines. Total penalties and fines dispersed by the Court will be considerably higher than the cost of achieving permanent compliance - contracting for continued refuse removal services. Again, non - compliance is a violation of the City's Municipal Code and can result in a monetary fine. This letter is considered a third and final notice of non - compliance. If you fail to comply, you will be issued a citation and risk prosecution for a misdemeanor violation. Should you have any questions, please contact Jill Rubin, extension 248 or Mary Lindley, extension 217 at Moorpark City Hall, (805) 529 -6864. Sincerely, Steven Kueny City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING 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 within a commercial or industrial zone, or operating an apartment, condominium, townhome complex, school, mobile home park within any zone. For the purposes of this chapter, an apartment, condominium, or townhome complex shall contain four ( 4 ) or more units. 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 residential occupant shall be deemed a residential customer." "'Green Waste' means materials generated from the maintenance or alteration of public, commercial, or residential landscapes including yard clippings, tree trimmings, prunings, brush, and weeds." "'Occupancy' means the person who is in possession of non- residential 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 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. The collection fee shall be a civil debt owing to the City, except that if the City provides for solid waste collection by means of a licensee or franchisee. It shall be unlawful for any commercial occupant or residential occupant to fail to pay the collection 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 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, 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. The Moorpark Municipal Code is hereby amended to add Section 8.36.120 to read as follows: 118.36.120 Exemptions Solid waste collection service is not required for the following lots or parcels of real property upon approval of the City Manager. A. Physical access limitations to said property. B. Moorpark residents owning a business in Moorpark, receiving commercial service. C. Two or three dwelling units on one legal parcel, sharing refuse service that does not exceed the maximum set -out capacity. SECTION 4. 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 5. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. 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 day of September, 1993. Mayor ATTEST: City Clerk