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All occupants are liable for charges for solid waste collection services. In the case of premises containing more than one dwelling unit or place of business or both that are served by a single water meter, such charges may be billed to the landlord or water meter user, who shall collect such charges from the occupants thereof and transmit the amount so collected to the city. In the event the landlord or water meter user fails to collect such charges from any such occupant and remit the charges to the city, the landlord or water meter user shall be liable to the city for the payment of such charges.
(Ord. No. 3007)
Whenever possible, charges for the collection of solid waste and recyclable materials and related services shall be added to city utility bills. Such charges shall be for the period covered by the utility bills, and shall be payable at the same time and in the same manner as utility bills. Bills for a fractional part of a billing period may be prorated in a manner approved by the city manager. Whenever it is not possible to determine the total amount of such charges to be added to the utility bill, or if such charges must be billed separately, bills for such services may be rendered and payment of such charges may be made quarterly or monthly, in advance, as directed by the city manager.
(Ord. No. 3007)
When a customer’s bill for the collection of solid waste, recyclable materials and related services at a service location becomes delinquent, and water is furnished to the customer through one or more services at the same or different locations, all such water services may be shut off. In addition, the city shall have the authority to discontinue water service or solid waste and recyclable materials service, or both, without notice for failure to comply with this article or the rules and regulations promulgated by the city manager pursuant to this article. The charges and procedures for resumption of water service shut off pursuant to this article shall be those found in chapter 22. As an additional remedy, an action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent charges; and if legal action is brought by the city or its assignee to enforce collection of any amount charged and due under this article, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its assignee, including reasonable attorneys’ fees.
(Ord. No. 3007)
DIVISION 4.
RECYCLABLE AND ORGANIC MATERIALS
No person shall collect, transport, process or market recyclable materials within the city unless such person is:
(A) An officer or employee of the city acting in the course of that individual’s official duty;
(B) A person holding a city business license (authorized third party hauler) for the collection, transportation, processing or marketing of recyclable materials or an employee of such person;
(C) An owner or occupant, provided that such person transports only those recyclable materials that are generated on the lot owned or occupied by such person to a buy back center, drop off center or other facility certified pursuant to Cal. Pub. Res. Code, Sections 14500 et seq.;
(D) The holder of a city business license for a recycling facility or processing facility, or an officer or employee of the licensee; or
(E) An agent or employee of, or a volunteer authorized by, a nonprofit organization that collects recyclable materials or processed materials as a part of a fund-raising activity for the benefit of such nonprofit organization.
(Ord. No. 3007)
(A) Containers for the temporary storage of solid waste, recyclable and organic materials generated on any lot shall comply with all applicable provisions of this article and this code.
(B) No person, other than the persons specified in section 19-190, shall remove or interfere in any way with collection containers or the contents thereof, after the same is placed for collection at an authorized collection location by the occupant or owner of the lot on which the recyclable materials were generated.
(C) Notwithstanding any other provision of this code, violation of this section is hereby declared to be an infraction punishable in accordance with the provisions of chapter 1 of this code, relating to punishment for infractions.
(D) As an alternative to subsection (C) of this section, the city attorney is authorized to bring a civil suit at law or equity against any person who violates this section. In any such civil suit, the court shall either allow treble damages, as measured by the value of the material removed or interfered with, or award a civil penalty of not more than $1,000, whichever is greater, against the person who violated this section, for each unauthorized removal or interference, together with the city’s reasonable attorneys’ fees, expert and other witness fees, and all costs.
(Ord. No. 3007)
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