HomeMy WebLinkAboutAGENDA REPORT 1992 0205 CC REG ITEM 11BTO:
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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.