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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)
Any charges that remain unpaid by a residential property owner or a commercial property owner pursuant to an order of the Director under Section 291.2 for a period of 60 or more days after the date upon which they were billed are delinquent and may be collected in the manner set forth in this Article. A report of delinquent charges shall be transmitted to the Director. Upon receipt by the Director of the report, he or she shall fix a time, date and place for hearing the report and any protests or objections thereto.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
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