CHAPTER 5
GARBAGE, RUBBISH AND OTHER REFUSE
ARTICLE 6. ENFORCEMENT
SECTION:
§4470: Enforcement Officers; Unlawful Acts
§4475: Payment Of Charges; Liability For; Special Assessment
§4470 ENFORCEMENT OFFICERS; UNLAWFUL ACTS
The City Manager, the City Health Officer and the Chief of Police of the City are hereby specifically required to enforce the provisions of this Chapter, and shall have the right to enter any and all premises for the purpose of determining whether provisions in this Chapter are being conformed with, and any person denying or obstructing such entry shall be subject to the penalty herein provided.
It shall be unlawful for any person in any manner to interfere with the collection or disposal of refuse, garbage or rubbish by any contractor. (Ord. 605, §18, adopted 1970)
§4471 COMPLAINTS
In the event that any interested person deems himself injured by determination of the City or has a complaint arising from or concerning where the garbage and/or rubbish receptacles shall be placed while awaiting the removal of their contents or concerning the cost of such removal, such person may appeal in writing to an administrative board consisting of the City Manager and City Attorney and such other City official designated by the City Manager. The Board shall hold a public hearing within ten (10) days of receipt of written appeal; notice of said hearing to be given to the complaining party. (Ord. 605, §19, adopted 1970)
§4472 PENALTY FOR VIOLATION
Any person, firm or corporation violating any of the provisions of this Chapter of wilfully failing to comply with any of the terms, requirements or provisions contained herein, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the City jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 556, §3, adopted 1965)
§4473 EMERGENCY REMOVAL
Nothing in this Chapter shall be deemed to prohibit the removal and hauling to the City disposal area by an unlicensed person of materials considered by the City Manager or City Health Officer to constitute a health or safety menace of such nature as necessary to be ordered by either of said officers to be promptly removed. (Ord. 605, §20, adopted 1970)
§4474 CONTAINER VIOLATIONS
In the event any container is defective, overweight, located in the wrong area, or otherwise in violation of the rules, regulations or ordinances of this City, the contractor may leave such container with its material uncollected, in which case he shall tag the container prominently indicating the violation. A copy or portion of such tag indicating the location and type of violation shall be retained by the contractor.
Persistent violations or the residents failure to provide adequate and sanitary containers shall justify collection by the City after two (2) days’ written notice to the resident and to the City and such collection shall constitute a special assessment on the property comprising the residence. (Ord. 605, §21, adopted 1970)
§4475 PAYMENT OF CHARGES; LIABILITY FOR; SPECIAL ASSESSMENT
A. Every person receiving any service designated in this Chapter shall be liable for the payment of said charges. In addition to the direct liability of the person receiving such service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner. Every service performed under this Section shall be presumed to be for the benefit of the premises from which any garbage, refuse or rubbish is removed and the charges accruing for such service shall be charged against the property on which furnished and against the owner thereof and shall be a special assessment against the property where furnished. No change of ownership or occupation shall in any way effect the application of this Section.
B. The contractor, between the first day of August and the first day of September of each year shall present to the City Manager a list which sets forth a legal description of the real estate upon which the charges herein provided for have not been paid during the previous fiscal year (to wit, from the first day of July of the preceding year to the thirtieth day of june immediately preceding the presentation of the report), the amount of said charges, and the owners thereof. Said list shall be verified by an oath of the contractor substantially in the following form, to wit:
STATE OF CALIFORNIA)
)ss.
COUNTY OF MENDOCINO)
I, the garbage contractor of the City do hereby swear that the attached list is a true and accurate list of the descriptions of real properties within said City, and owners thereof, the occupancies of which are in default in the payment of garbage collection charges for a period within the preceding fiscal year, to wit from July 1, 19 , to June 30, 19 . That the amounts in arrears and unpaid are set forth opposite each occupancy.
____________________
Contractor
Subscribed and sworn to before me this day of August, 19 .
____________________
(Notary Public)
C. Whereupon, the City Manager shall immediately cause to be notified the concerned parties of the amount delinquent and unpaid, the amount of the penalty, collection costs and costs of abatement, by directing a letter to the owner and/or occupant of the property at the address shown on the latest tax roll. Such notice shall further declare that the City Council shall at its next regular meeting review and approve as an assessment against the property the amount delinquent and unpaid, the amount of the penalty, collection costs and costs of abatement. If the total assessment determined and approved by the City Council is not paid within ten (10) days after such determination, then and in that event, there shall be recorded in the office of the County Recorder, a statement of the total balance due together with the legal description of the property affected. From and after the date of such recordation, the balance due shall be a special assessment against the real property. The assessment shall be collected at the same time and in the same manner as are county taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment.
D. The contractor shall be fully reimbursed in the amount due him on an unpaid account less ten percent (10%) when the assessed amount is recovered. (Ord. 606, §3, adopted 1970)
§4476 SEVERABILITY
If any section, subsection, paragraph, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portion of this Chapter as such other portions shall be deemed separate, distinct, and independent provisions. (Ord. 605, §23, adopted 1970)