AN
ORDINANCE AMENDING DIVISIONS 2 AND 3 OF TITLE 5 OF THE ORDINANCE CODE OF
SAN JOAQUIN COUNTY BY AMENDING SECTIONS 5-201, 5-3300-, AND 5-3303, AND
ADDING
SECTION 5-2404 RELATING TO MANDATORY RESIDENTIAL REFUSE COLLECTION
The Board of Supervisors of the County of San Joaquin do
ordain as follows:
DIVISION 2. REFUSE COLLECTION AND DISPOSAL
CHAPTER 1. GENERAL PROVISIONS.
SECTION 5-2101. DEFINITIONS.
1. SECTION 5-2101 is amended to include:
“(x) ‘Mandatory Residential Refuse Collection Area’ means
any geographical
Area designated by Board Order
where residential refuse collection services must be provided by the franchised
collector to all habitation units within the area.”
DIVISION 2. REFUSE COLLECTION AND DISPOSAL.
CHAPTER 4. REFUSE, SERVICE AND THE RETENTION
AND ACCUMULATION OF REFUSE .
SECTION 5-2404. MANDATORY RESIDENTIAL
REFUSE COLLECTION.
2.
SECTION 5-2404 is added to read as follows:
“(a) The Board may establish
Mandatory Residential Refuse Collection Areas by Board Order. Unless otherwise
specified by the Board, all real property parcels, with at least one and no more
than nine habitation units that meet one or more of the following criteria shall
be included in such Areas:
(1) The parcel has the current General Plan Land
Use Designation of Residential and is located within an area that has a density
of 24 or more dwelling units per mile of roadway.
(2) The parcel is located on a roadway that
connects two Mandatory Residential Refuse Collection Areas that are no more than
one mile apart.
(3) The parcel is located on a roadway contiguous
to the boundary of a Mandatory Residential Refuse Collection Area.
(b) Residential refuse collection and related services will
be provided by the franchise collectors, as required by the residential refuse
collection contracts, to residents with Mandatory Residential Refuse Collection
Areas, whether or not these services were requested by the property owner or
tenant. Residential properties are exempt from mandatory residential refuse
collection and related services during periods of vacancy. Habitation units
that are on parcels with the current General Plan Land Use Designations of
Commercial or Industrial are exempt from mandatory residential refuse collection
and related services.
(c) Residents within the Mandatory Residential Refuse Collection Areas shall pay
the rates established by the Board for services to be provided in such Areas.
When charges for such services become delinquent and unpaid for a period of 60
days or more, the county shall notify property owners of such delinquency.
Annually, charges which remain delinquent and unpaid for a period of 60 days or
more, shall be levied on the respective parcels in accordance with Sections
5-3300 through 5-3306 of this Ordinance.”
DIVISION 3. UTILITIES.
CHAPTER 3. SERVICE CHARGES AND SPECIAL
ASSESSMENTS.
SECTION 5-3300. AUTHORITY TO FIX,
LEVY, AND COLLECT.
3. Section 5-3300. I. SERVICE CHARGES is amended to
included:
“C. Mandatory Residential Refuse Collection.
Refuse collection and other related charges for services provided by agreement
between the County and the Franchised Refuse Collectors to residents with
Mandatory Residential Refuse Collection Areas, that remain unpaid for a period
of 60 days or more, shall be levied on the respective parcels, pursuant to
Section 25827 of the Government Code. An administrative fee will be added to
the assessment for delinquent Mandatory Residential Refuse collection charges.
The administrative fee will be twenty percent (20%) of the delinquent amount, or
twenty dollars ($20.00) per delinquent habitation unit, whichever is greater.
Revenues received from such levies shall be deposited into the County Solid
Waste Enterprise Fund.
PASSED AND ADOPTED this Mar 01, 1994, by the
following vote of the Board of Supervisors, to wit: SOUSA, SIMAS, CABRAL,
BARBER, WILHOIT
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