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HomeMy Public PortalAboutOrdinance 1117ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING SECTION 8.12.240 OF THE BEAUMONT MUNICIPAL CODE REGARDING THE COLLECTION OF DELINQUENT SOLID WASTE HANDLING SERVICE FEES AND CHARGES ON THE TAX ROLL WHEREAS, on May 7, 2019, the City Council of the City of Beaumont ("City") unanimously approved a Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and Organic Waste Collection Services between the City and USA Waste of California, Inc., d.b.a. Waste Management of the Inland Empire; and WHEREAS, on July 1, 2019, the City's new solid waste management ordinance (Chapter 8.12 — "Solid Waste Management") went into effect; and WHEREAS, presently, the City's Solid Waste Management ordinance permits the City to collect delinquent fees or charges for single family residential Solid Waste Handling Services on the property tax roll, but does not permit the City to collect such delinquent fees or charges for commercial or multifamily residential premises; and, WHEREAS, Health & Safety Code Section 5470 et seq. permits municipalities to collect delinquent fees or charges for commercial or multifamily residential Solid Waste Handling Services on the property tax roll in accordance with state law; and WHEREAS, in order for the City to collect delinquent fees or charges for commercial or multifamily residential Solid Waste Handling Services on the property tax roll, the City must amend its Solid Waste Management ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: RECITALS AND FINDINGS. The City Council of the City of Beaumont finds the recitals set forth herein to be true and correct, and incorporates the recitals as findings of the City Council. SECTION 2: AMENDMENT AND RESTATEMENT OF SECTION 8.12.240 ("LIABILITY FOR SOLID WASTE COLLECTION FEES") OF THE BEAUMONT MUNICIPAL CODE. Section 8.12.240 of the Beaumont Municipal Code is hereby amended and restated in its entirety, as set forth in Exhibit A, attached hereto and incorporated herein. SECTION 3: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Beaumont. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of November 2019, by the following roll call vote: AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 3rd day of December 2019. AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: Julia Attest: Steven Mehlman, City Clerk Approved as to form: John S ' inkney, ' ity Attorney EXHIBIT "A" Sec. 8.12.240 — Liability for Solid Waste Collection Fees. A. Joint and Several Liability. The Owner of a Premises and the Account Holder for a Premises are jointly and severally liable for Solid Waste Handling Services provided to the Premises by a Solid Waste Franchisee. B. Delinquencies — All Premises. Pursuant to Health & Safety Code section 5470 et seq., the City may collect delinquent fees or charges for Commercial, Single Family Residential, and Multifamily Residential Solid Waste Handling Services on the property tax roll for those Premises. If the City decides to collect delinquent Solid Waste Handling fees or charges on the property tax roll, it shall adhere to the following procedures: 1. City will fix a time, date and place for hearing the report of delinquencies submitted by the Solid Waste Franchisee and any objections and protests to the report. The Solid Waste Franchisee shall publish and provide notice of the hearing on the report in accordance with Health and Safety Code section 5470 et seq. At the hearing, City shall hear any objections or protests of Owners liable to be assessed for delinquent fees. The City may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 2. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the Premises listed in the report and are a lien on the Premises for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the Riverside County Auditor for the amounts of the respective assessments against the respective Premises as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the Riverside County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. 3. City shall remit to its Solid Waste Franchisee(s) amounts collected pursuant to this process within thirty (30) days of receipt from the Riverside County Assessor. Solid Waste Franchisee(s) shall notify the City in the event any delinquency on the report for which a lien has been created is paid or otherwise resolved. EXHIBIT "A" Sec. 8.12.240 — Liability for Solid Waste Collection Fees. A. Joint and Several Liability. The Owner of a Premises and the Account Holder for a Premises are jointly and severally liable for Solid Waste Handling Services provided to the Premises by a Solid Waste Franchisee. B. Delinquencies — All Premises. Pursuant to Health & Safety Code section 5470 et seq., the City may collect delinquent fees or charges for Commercial, Single Family Residential, and Multifamily Residential Solid Waste Handling Services on the property tax roll for those Premises. If the City decides to collect delinquent Solid Waste Handling fees or charges on the property tax roll, it shall adhere to the following procedures: 1. City will fix a time, date and place for hearing the report of delinquencies submitted by the Solid Waste Franchisee and any objections and protests to the report. The Solid Waste Franchisee shall publish and provide notice of the hearing on the report in accordance with Health and Safety Code section 5470 et seq. At the hearing, City shall hear any objections or protests of Owners liable to be assessed for delinquent fees. The City may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 2. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the Premises listed in the report and are a lien on the Premises for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the Riverside County Auditor for the amounts of the respective assessments against the respective Premises as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the Riverside County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. 3. City shall remit to its Solid Waste Franchisee(s) amounts collected pursuant to this process within thirty (30) days of receipt from the Riverside County Assessor. Solid Waste Franchisee(s) shall notify the City in the event any delinquency on the report for which a lien has been created is paid or otherwise resolved.