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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)
The Director shall cause notice of the hearing to be mailed to the Owner of the real property to which the service was rendered not less than 10 days prior to the date of hearing. At the time fixed for the report, the Director shall hear it with any objections of the Owner liable to be assessed for delinquent accounts. The Director may make such revisions, corrections or modifications of the report as it may deem just and in the event that the Director is satisfied with correctness of the report (as submitted or as revised, corrected or modified), the Director shall confirm the report. The decision of the Director on the report and on all protests or objections thereto shall be final and conclusive.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
Upon confirmation of the report by the Director, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
There is hereby created in the general fund a continuing appropriation account entitled "Payment of Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, delinquencies collected by the Director of Public Health, assessments collected by the Tax Collector, and sums received in consideration of release of liens. Expenditures from said sums shall be made to Collectors for Owner delinquent accounts.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
Any notice required to be given hereunder by the City, the Director or any Collector to an Owner shall be sufficiently given or served upon the Owner for all purposes hereunder if personally served upon the Owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the Owner maintained by the Tax Collector of the City for the mailing of tax bills or, if no such address is available, to the Owner at the address of the dwelling or commercial property.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
If the Director of Public Health causes a Dwelling or a Commercial Property to be inspected to determine whether the Owner has complied with Section 291.1, the Owner of the Dwelling or Commercial Property shall pay an inspection fee equal to $167 per hour of Department of Public Health staff time spent during the inspection.
(Added by Ord. 100-09, File No. 081404, App. 6/23/2009)
(Former Sec. 291.16 added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)
If any part or provisions of Sections 291 through 291.16 or application thereof, to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of the Sections are severable.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
All vehicles used by refuse collectors licensed by the Director of Public Health pursuant to that certain Ordinance No. 17.083, approved by the electors at the general election held on November 8, 1932, as amended, for the purpose of collecting, disposing of, or transporting through the streets of the City and County of San Francisco, any "refuse," as defined by Section 1 of said ordinance, shall be lined with zinc, sheet iron, or other metallic substance and shall be constructed so as to prevent any liquid refuse substance from escaping from such vehicles. The total outside width of such vehicles, or the loads thereon, may exceed the width limitation prescribed by Section 35100 of the Vehicle Code of the State of California; provided, however, that in no event shall the width of such vehicles exceed 107 inches, nor shall the width of any load thereon exceed 115 inches. Such vehicles shall also be provided with canvas covers, which shall be kept in a reasonably clean condition, and which shall at all times when said vehicles are passing along or standing upon any street or alley of this City (except when the owner or person having such vehicle in charge is in the act of securing a load of refuse to be emptied into said vehicle) be kept on such vehicles in such manner that the covers shall extend well down the sides and ends of the vehicles, and be securely fastened at the corners, sides and ends of the vehicles; provided, however, that when the vehicles are empty of refuse and are reasonably clean and free from noisome odors, the covers need not be kept on the vehicles in the manner above prescribed.
Vehicles used for the transportation of swill shall be so constructed that the same shall be watertight, and that no leakage can escape from such vehicles, and such vehicles shall be provided with a hinged metal or wood cover which can be tightly closed. All vehicles for the transportation of swill or garbage of any character shall be subject to the approval of the Director of Public Health before licenses for their operation are issued.
(Amended by Ord. 257-61, App. 9/14/61)
[Recyclable Materials – Unauthorized Removal Prohibited.]
(a) "Recyclable materials" shall mean materials segregated from refuse by the producer or user of such materials and placed for collection for subsequent reuse or use as raw materials for new products. Recyclable materials shall consist only of the materials designated by the Chief Administrative Officer for collection pursuant to the City's curbside recycling program.
(b) "Placed for collection" shall mean the deposit of recyclable materials by the producer or user of such materials on public street or sidewalk areas for collection and removal for recycling purposes.
(c) "Person" shall mean any living human being, firm, partnership, association, corporation, company, organization, or government entity.
(Added by Ord. 106-90, App. 3/23/90)
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