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HomeMy WebLinkAboutAGENDA REPORT 1992 0205 CC REG ITEM 11BTO: FROM: DATE: SUBJECT: Background MOORPARK 79�- Moorpark Avenue Moorpar.. Ca.Aornia 93021 (805) 529 -6864 ?ARK, CALIFORNIA i:,fy Council Meeting f 199 r MEMORANDUM By �{ Honorable City Council Mary K. Lindley, Assistant to the City Manager�N January 26, 1992 (Council Meeting 2/5) Consider Approval of a Refuse Collection Enforcement Policy The Ciz�y's _Solid Waste Ordinance (Chapter 8.36, section 070) effective March 1990, states that all "residential and commercial customers in =he city shall contract with the city or its agent for the weekly removal of solid waste from their property." In essence this ordinance makes refuse collection in the City of Moorpark mandatory, without exception. In an effort to insure that the solid waste crdina_nce and the cost of providing waste management services is a-zplied equally to all customers, staff is recommending that a solid waste collection enforcement policy be implemented. In many jurisdictions that provide direct utility services, such as water or sewer, refuse collection fees are included on the utility bill. Residents pay for the services whether or not they actually contract with the waste hauler. This provides a very strong incentive fc=- complying with mandatory refuse ordinances and insures that each resident and business share equally in the cost of solid was--e disposal. In jurisdictions that depend on contract haulers to collect fees for solid waste services, enforcement of mandatory refuse collection s difficult. This is the case with the City of Moorpark. :f a resident or business does not contract with a hauler for refuse collection the City currently does not have an effective means to enforce its mandatory refuse ordinance. A najori:y of city residents are complying with the mandatory refuse ordinance an; in doing so financially support the City's solid PR IL : • LAWRAS-_^+ .R. JO--4N = NOZN[AK SCOTT MONTGOM =?Y BERNARDO M. PEREZ ROY E TALLEY JR. Mayor kfsn v �:ro Tem Councilmember wuncilmember Councilmember Refuse Collection Enforcement Pc_icla January 25, 1992 Page 2 waste programs. Those who are -ot complying (approximately 450 households, unknown number of b_sinesses) also benefit from the programs but do not share in the cost. After meeting with the Public Works and Facilities Committee and conferring with the City Attorney, staff proposes that an enforcement policy be implemente -J. The City has two alternatives curses fron which to enforce its Solid Waste Ordinance. If no changes were wade to the City's contract with the refuse haulers, the alternative available would be to initiate criminal proceeding against an individual who is not in compliance with the ordinance. The City would not be able to collect past fees using this course of action. The second course of action would be ro revise the contract with the haulers naming them as ager_ts of the City. The City would authorize the haulers to collect payment of fees on its behalf. The haulers would identify customers who are not contracting for refuse collection services. 2- letter would be sent to those individuals apprising then of zhe City's refuse ordinance and providing them with two weeks in which to respond. Individuals who do not respond will receive a second letter notifying them that they have.ADs//even days to comply with City ordinance or face criminal action �,"'Crimk6l action would -e taken to collect past fees and require compliance with the ordinance. Before proceeding with either co rse c= enforcing the City's Solid Waste Ordinance, staff proposes Implementing a public information campaign to inform all reside -ts ttat contracting for refuse collection in mandatory. Residents wculd also be made aware that the City is developing an enforcement policy in and effort to gain full compliance. Recommendation It is recommended that Counci-- direct staff to implement an informational campaign in inforn residents of the requirements of the City's Solid Waste Ordinance. It the same tine and direct staff to meet with the City's franchise haulers to revise the refuse contracts, identifying the haulers as agents of the City and report back to Council at the appropriate time with a refuse collection enforcement policy.