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Ordinance No. 563 - Rubbish Removal ChargesORDINANCE NO. 563 is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO THE COLLECTION OF RUBBISH REMOVAL CHARGES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1.' Section 5410 of the Rosemead Municipal Code is hereby amended to read as follows: "5410. Franchise--Garbage and Rubbish Charges. The City may from time to time enter into contracts or exclusive franchise agreements regarding , the collection of garbage, combustible and non- combustible rubbish, miscellaneous debris, and combined rubbish from commercial, business, industrial and residential property. So long as any such contract or franchise agreement remains in force, collection of the materials provided for therein may be made only in accordance with the terms and conditions thereof. There are hereby imposed by the City fees and charges for the collection, removal and disposal of . ,garbage, rubbish and other refuse matter within the City. Such fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix and establish by resolution or by the terms and conditions of a franchise agreement approved by the City Council. The occupant of each place or premises shall be primarily liable for payment of all such fees and charges. Should the occupant thereof fail to pay all such fees and charges before the same become delinquent, then and in such event the owner of such place or premises shall be liable for the payment of all such fees and charges, including any, delinquency." Section 2. New Section 54103of the Rosemead Municipal • Code is hereby added to read as follows: "541111 Billing and Collecting. Every residential occupant or owner of property in the City, shall be billed periodically in advance, either monthly or quarterly, by the Contractor, for the charges incurred by the collection of garbage, rubbish and other refuse. Commercial accounts shall be billed to the customer on the first of the month for the previous month's service. (a) Should any residential owner or occupant fail, refuse or neglect to pay any such bill within sixty (60) days after the date that the same is rendered, then in that event a penalty equal to two dollars ($2.00) may be added to the bill and the sum together with any cost incurred by the Contractor may be recovered as provided by law, or in the event there are costs incurred by City all sums and costs may be recovered as hereinafter provided The same two dollar ($2.00) penalty may be added for any month in which services are rendered and payment is not made within thirty (30) days after the month of services rendered. (b) Should any commercial customer fail, refuse.or neglect to pay any such bill within thirty (30) days after the date that the same is rendered, then in that event a penalty equal to ten percent (10%) of the amount of the bill for . services already rendered or the amount of two dollars ($2.00), which ever amount is greater, may be added to the bill and the sum together with any cost incurred by the Contractor may be recovered as provided by law, or in the event there are costs incurred by City all sums and costs may be recovered as hereinafter provided. The same penalty may be added for any month in which services are rendered and payment is not made within thirty (30) days after the month of services rendered. (c) Should the occupant or owner of any property in the City, fail or refuse to pay in accordance with the provisions hereinabove the fee assessed for the collection of garbage, rubbish and other refuse, then and in that event, the Contractor shall advise the City Manager or his duly authorized representative of such refusal. The failure to pay may not result in the noncollec- tion of garbage, rubbish and other refuse. In the event that there is nonpayment, the Contractor shall cause collection of such nonpayment to be made, and the expenses and charges of collection, . including penalties, to be assessed against the property as provided herein. (d) The Contractor shall make all reasonable efforts to diligently pursue and collect all fees and charges due the Contractor for rendering such services. In event of delinquency, the Contractor shall also notify, in writing, the owner of the property. (e) It shall be the duty of the Contractor to provide to the City individual letters, postage 2 prepaid, which contain the names of the updated owner and occupant (if different from owner), the address of the owner and occupant as of the latest updated tax roll, including the legal description of such properties, the assessor's parcel number and whatever other information is required by the County of Los Angeles Tax Collector and the amount delinquent and unpaid, the amount of the penalty and collection costs. The only responsibility of the City pertaining to notice of and public hearing shall.be as follows: The City Manager or his, duly authorized representative shall notify concerned parties of such amount. Such notice shall further declare that the City Council shall at a regular meeting review and approve as an assessment against the property the amount delinquent and unpaid, the amount of the penalty, collection costs and administrative costs incurred hereby. If the total assess- ment determined and approved by the City Council is not paid within then (10) days after such determination, then and in that event, there shall be recorded in the Office of the Los Angeles County Recorder a statement of the total balance due together with the • legal description of the property affected. From and after the date of such recordation, the balance due shall be a special assessment against the real property. The assessment shall be collected at the same time and in the same manner as are county property taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary county property taxes. All laws applicable to the levy, collection and enforcement of county property taxes shall be applicable to such special assessment. (f) The Contractor shall be paid the amount actually recovered by the City on an unpaid account less ten percent (10%). Said payment to Contractor shall be made within thirty (30) days of the City's receipt of funds. (g) Any occupant or owner of any property in the City, who has been billed for refuse collection service, and who desires to contest the extent, degree or reasonableness of the charges, shall make payment of such charges under protest and, at the same time, file a written statement of such protest with the City Manager or his duly authorized representative. Within thirty (30) days after the 3 date of filing, the City Manager or his duly authorized representative shall notify the protestant of his findings and adjudication and adjustment in the matter. Within fifteen (15) days after such notice of the decision of the City Manager or his duly authorized representative, the protestant may appeal in writing to the City Council, whose determination shall be final." Section 3. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this nth day of February;, 1984. MAYOR ATTEST: CLE CITY LJ 4 WALLIN, KRESS, REISMAN, PRICE S DILKES LAW OFFICES 3340 OCEAN PARK BOUi_EVARO. SUITE 1050 SANTA MONICA. CALIFORNIA 90.05-3297 12131 450-9582 - 670-5776 M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEYP RE: MODERN SERVICE DATE: FEBRUARY 23, 1984 Councilman Tury requested clarification of the late payment fee. The late payment fee applies only to months of service that are not paid for within 30 days of the services, i.e. January service must be paid by the end of February or the sum of $2.00 is added one time only to the regular monthly charge. • Thus, if paid on time, the monthly charge to a single family household is $5.24. If not paid on time, the charge for that month becomes $7.24, but does not increase beyond the one-time penalty. At the time that the agreement was signed on 14ednesday, I clarified that this is the understanding of both Mr. Andrews and Mr. Griegorian. cc: City Manager Assistant City Manager 0