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The owner of any dwelling or commercial property shall subscribe to and pay for adequate refuse collection service rendered to such dwelling or commercial property by a collector and shall provide at a location accessible to the collector for an adequate container or containers for deposit of refuse of such capacity as the Director of Public Works may prescribe. The necessity for and type of refuse collection service required and the rates charged therefor shall be governed by the Initiative Ordinance, Chapter 19 of the Environment Code, and any applicable rules and regulations adopted by the Director of Public Health.
Nothing in this Section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, in behalf of the Owner. However, any such arrangement will not affect the Owner's obligation to the City.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a Dwelling or commercial property by any person, including a business entity, or fails to maintain adequate refuse collection service, the Director will evaluate the need for service and what would constitute adequate service in this context, and, where appropriate, give the Owner an order from the Director that such service or additional service is required. In determining the need for service or additional service, the Director may make use of any relevant information or evidence, including information provided by the Collector regarding the existing level of service. A copy of the Director's order will be sent to the Collector. If the Owner does not arrange with the Collector for service within 15 days from the date of mailing of the order, or request within that time a hearing before the Director to dispute a service or change of service requirement, then the Collector shall, consistent with the Director's order, initiate, maintain, or increase refuse collection service for said dwelling or commercial property.
When in the judgment of the Director additional refuse containers are required, they shall be provided by the Owner upon written notification from the Director.
The Director, in consultation with the Department of the Environment and after a public notice and hearing, may adopt forms, regulations, and guidelines to ensure the payment and collection of refuse services from any commercial property managers who fail to initiate or maintain sufficient refuse service, including standards and criteria for determining whether a Commercial property has provided for sufficient refuse service, or to otherwise implement and enforce Sections 291 et seq.
The Director of Public Health, or his or her designee, may impose administrative fines for violations of Sections 291.1 and 291.2, or any rules or regulations adopted by the Director to implement and enforce Sections 291 et seq. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter; provided, however, that the Director may adopt regulations providing for lesser penalties than those provided in Administrative Code Section 100.5. Notwithstanding the foregoing, if Director delegates authority to the Department of Public Works to implement and enforce Sections 291 et seq., the Department of Public Works may elect to assess, enforce, and collect administrative penalties in accordance with Section 39-1 of the Police Code.
No person who is the owner, tenant, manager, employee, contractor, or visitor of a multifamily dwelling or of a multi-tenant commercial property shall be subject to fines or penalties for failure to provide adequate refuse collection service, unless and until the Director has adopted specific regulations establishing the responsibilities of such persons under this Article.
The fine for any violation at a dwelling or commercial property which generates less than one cubic yard of refuse per week may not initially exceed $100.
In addition to any administrative penalty assessed pursuant to this Article, the Director may assess the responsible Owner the reasonable enforcement costs incurred by the City, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Director.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)
Any Owner who shall violate any of the provisions of Section 291.1 and 291.2 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Added by Ord. 47-83, App. 2/4/83)
Pursuant to the provisions of the Initiative Ordinance, the Collector shall be entitled to payment from the owner for services rendered. When the Owner has been directed to initiate service but fails to provide an adequate container or containers at an accessible location and the Collector attempts to collect refuse from the dwelling or commercial property, then such attempt shall be deemed the rendering of collection service for which Collector is entitled to compensation in the same manner and amount as if refuse had actually been collected. Should there be failure to make payment for any service rendered to any dwelling by the Collector, or rendered to a commercial property pursuant to an order of the Director of Public Health under Section 291.2, the means for effecting payment shall be in accordance with the procedure set forth hereunder.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
Any account shall be deemed delinquent 15 days after the last day of the normal billing period for which service has been rendered when the bill has not been paid in full. Not less than 15 days after the Owner has been mailed the bill containing the notice described in Section 291.6 hereunder regarding a delinquent account and not more than 180 days after such account has become delinquent respecting such bill, said Collector may file with the Director a verified written complaint which shall contain the specific allegation setting forth the name or names of the Owner, the address of the Dwelling served, the period of service, the amount due, the steps taken to secure payment and such other information as the Director may reasonably require.
Pending satisfactory payment by said Owner, or by the City pursuant to Section 291.6 hereunder, the Collector shall continue to provide uninterrupted normal refuse collection service to the Dwelling covered by the complaint; provided, however, that said Collector shall not be required to continue to provide such uninterrupted normal refuse collection service if the City fails or is unable to pay the fees due under this Article after the City has received the complaint and the rates or service to the Dwelling are not under adjudication as provided by the Initiative Ordinance.
(Added by Ord. 47-83, App. 2/4/83)
The bill presented to the Owner pursuant to Section 291.5 shall include a warning notice that if the bill is not paid within 15 days, it may be paid by the City and that payment by the City may render the Owner responsible for penalties, interest and may result in the recordation of a lien against the property to which service was rendered.
(Added by Ord. 47-83, App. 2/4/83)
(a) The Director shall, regardless of any sale or other transfer of property, process payment to the Collector for 1) nonpayment of a residential refuse collection charge, or 2) nonpayment of a commercial refuse collection charge incurred after an order from the Director requiring commercial refuse collection service. The Director shall process these payments from a continuing appropriation account so provided herein under Section 291.14, and the Owner shall be liable to the City for fees paid. The payment by the City will, upon the recording thereof in the manner herein provided, create a lien on the real property to which the service was rendered. The lien will be officially recorded in the County Recorder's files, the lien to carry and will include additional charges for administrative expenses of $87 for residential liens and $127 for commercial liens, or 10 percent of the amount owed, whichever is higher, plus any applicable recording fees, and interest at a rate of 1½ percent per full month compounded monthly from the date of the recordation of the lien on all fees and charges due. The Owner shall be notified by the Director that the fees and charges are due to the City. In addition, the Owner shall be notified that if the fees and charges remain unpaid, subsequent proceedings may be taken to make said fees and charges a special assessment on the real property to which said refuse collection service was rendered.
(b) Beginning with fiscal year 2010-2011, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.
Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed.
The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 206-93, App. 6/25/93; Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 187-10, File No. 100707, App. 7/23/2010)
If City makes payment to Collector and the information provided by Collector pursuant to Section 291.5 is found to be inaccurate so as to prevent City from recovering the amount of payment from Owner, Collector shall reimburse City for the amount paid to Collector and the administrative cost incurred pursuant to this Ordinance.
(Added by Ord. 47-83, App. 2/4/83)
(Added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)
The Director may initiate proceedings to make delinquent refuse collection service fees a special assessment against the parcels of property situated within the City to which said service was rendered and fees paid by City.
(Added by Ord. 47-83, App. 2/4/83)
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