ACTION:
____________________________
Clerk/Secretary
Department: Finance Item No: PH5
Prepared by:
Melissa Adams, Accountant
Matt McDonald, Finance Manager Meeting Date: June 11, 2024 Approved by:
Mike Sylvia, Director/Treasurer
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: LEVY OF DELINQUENT MANDATORY TRASH CHARGES FOR FISCAL YEAR 2023/24 RECOMMENDATION:
1. Open, conduct, and close a public hearing to receive public testimony regarding delinquent mandatory trash charges.
2.Adopt City Council Resolution No. 2024- , approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2024/25 property tax roll for delinquent refuse collection service fees and collection charges.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility.
PRIOR ACTION: On April 23, 2024, adopted City Council Resolution No. 2024-46, declaring its intent to set a Public Hearing for collection of solid waste charges (Vote: 5-0).
A comprehensive list of prior City Council actions is included as Exhibit 2.
STATEMENT ON THE SUBJECT: Chapter 13.16 of the Vista Municipal Code, entitled Solid Waste Management, provides that the collection of refuse trash is mandatory for all residential, commercial, and industrial properties. Property owners are liable for the payment of trash collection fees.
For Fiscal Year 2023/24, EDCO Waste and Recycling Services, Inc. (EDCO), the City’s franchised trash hauler, has identified 159 delinquent accounts that are more than two months in arrears. A notice was mailed, on April 29, 2024, to all property owners to which trash service was rendered advising them that unpaid accounts would be assigned to the City for collection action and a 10 percent fee would be imposed. Of the 159 accounts provided to the City, many will be paid as a result of the letter sent on April 29, 2024 thus reducing the number of accounts that actually will need to be placed on the upcoming tax roll.
On April 23, 2024, the City Council set June 11, 2024, as the date of the public hearing for the purpose of levying assessments on the property tax roll for delinquent accounts. Delinquent account property owners have been notified of the public hearing and advised that all remaining unpaid service charges and collection fees owing as of the time of the public hearing will be liened as a special assessment charge on the 2024/25 property tax roll, along with a $25 lien fee per parcel, in accordance with Section 13.16 of the Vista Municipal Code.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Opened, conducted and closed a public hearing, approved above recommendation and adopted City Council Resolution No. 2024-96. Vote: 5-0
MEETING DATE: June 11, 2024 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT MANDATORY TRASH CHARGES FOR FISCAL YEAR 2023/24
FISCAL IMPACT: As of the writing of this report, 159 delinquent accounts remain unpaid. The 159 delinquent accounts, totaling $41,430, are scheduled for levy on the 2024/25 property tax roll. Of this amount, $34,050 is due to EDCO for trash collection services. The City will retain $3,405 in collection fees and $3,975 in lien fees as revenue to the General Fund. Note that the total of the three individual amounts does not equal the amount placed on the tax roll due to rounding needed to place only “even” amounts on the tax roll. Any account paid in full on or before the end of the business day on June 11, 2024, will not be levied on the property tax roll and will avoid the $25 lien fee.
The City has published notice, in accordance with these requirements, on May 31, 2024, with this item’s public hearing held on June 11, 2024.
EXHIBITS:
1.City Council Resolution No. 2024- , approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2024/25 property tax roll for delinquent refuse collection service fees and collection charges
2.Prior Actions
3.List of Delinquent Trash Accounts
4.Vista Municipal Code, Chapter 13.16 entitled “Solid Waste Management” 06/11/2024 PH5 2 of 25
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING LIENS ON ASSESSOR’S PARCELS WITHIN THE CITY
OF VISTA TO BE COLLECTED WITH THE GENERAL PROPERTY TAXES ON THE FISCAL YEAR 2024/25 PROPERTY TAX ROLL FOR DELINQUENT REFUSE
COLLECTION SERVICE FEES AND COLLECTION CHARGES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The chartered City of Vista has contracted with EDCO Waste and Recycling Services, Inc. (“EDCO”), for collection of refuse and solid waste (“Services”) within the City.
B. Pursuant to its contract, EDCO is authorized to charge residents and business owners for the Services provided.
C. Pursuant to Chapter 13.16 of the Vista Municipal Code (“Code”), under the authority of Section 38790.1, Sections 39580 through 39586, inclusive, and Section 25831 of the California Government Code, unpaid fees and charges for the Services may be declared delinquent and placed as a lien upon the property of parcel for which the Services have been provided.
D. The Finance Manager/Deputy Treasurer has reviewed all unpaid fees and charges submitted to the City by EDCO for the period of July 1, 2023, through June 11, 2024, and for prior service periods, in a report to the City Council (“Report”), a copy of which is on file in the Office of the City Clerk, and the Report has now been reviewed by the City Council.
E. A properly noticed hearing has been duly conducted by the City Council concerning the proposed collection of delinquent fees and charges along with the general property taxes for the 2024/25 fiscal year by placing a lien on each of the parcels for which the Services have been provided and for which the fees and charges are now delinquent, all as required by law.
2. Action
A. The delinquent fees and charges for the Services for the period of July 1, 2023 through June 11, 2024, and prior service periods, as set forth in the Report are hereby confirmed. The total amount of unpaid fees and charges confirmed herein shall constitute a lien against each respective parcel of land as it appears on the assessment roll for the 2024/25 fiscal year.
[Continued on page 2.]
06/11/2024 PH5 3 of 25
EXHIBIT 1
RESOLUTION NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
B. The City Clerk shall forward and file a certified copy of this Resolution, along with a copy of the confirmed Report, to the San Diego County Auditor with the request that the County Auditor add the total amount of unpaid fees and charges for each parcel to the property tax roll for 2024/25, and the amount of such charges shall be collected along with the general property taxes for the fiscal year, pursuant to Section 25831 of the California Government Code.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on June 11, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER C. CHUNG, CITY ATTORNEY
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20240530100450
06/11/2024 PH5 4 of 25
COLLECTION OF MANDATORY TRASH CHARGES FOR FISCAL YEAR 2023/24
PRIOR ACTIONS
On April 23, 2024, Adopted City Council Resolution No. 2024-46, declaring its intent to set a Public Hearing for collection solid waste charges (Vote: 5-0).
On June 13, 2023, Opened, conducted, and closed a Public Hearing and received public testimony regarding delinquent property related administrative charges. Adopted City Council Resolution No. 2023-106, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2023/24 property tax roll for delinquent property related administrative citations (Vote 5-0).
On April 25, 2023, adopted City Council Resolution No. 2023-60, declaring its intent to set a Public Hearing for collection of delinquent solid waste charges; and Set June 13, 2023 as the date of the public hearing to levy assessments on the Fiscal Year 2023/24 property tax roll for collection of delinquent Fiscal Year 2022/23 mandatory trash charges (Vote 4-0, O’Donnell absent).
On June 14, 2022, conducted a public hearing to receive public testimony relating to delinquent mandatory trash charges for fiscal year 2021/22, and adopted City Council Resolution No. 2022-92, approving liens for delinquent refuse collection service fees and collection charges (Vote: 5-0).
On April 26, 2022, adopted City Council Resolution No. 2022-51 setting June 14, 2022, as the date of the public hearing to levy assessments on the 2022/23 property tax roll for collection of delinquent 2021/22 mandatory trash charges (Vote: 5-0).
On June 8, 2021, conducted a public hearing to receive public testimony relating to delinquent mandatory trash charges for fiscal year 2020/21, and adopted City Council Resolution No. 2021-93, approving liens for delinquent refuse collection service fees and collection charges (Vote: 5-0).
On April 27, 2021, adopted City Council Resolution No. 2021-53 setting June 8, 2021, as the date of the public hearing to levy assessments on the 2021/22 property tax roll for collection of delinquent 2020/21 mandatory trash charges (Vote: 5-0). 06/11/2024 PH5 5 of 25
EXHIBIT 2
#ADDRESS
PARCEL
NUMBER
PAST DUE
AMOUNT CITY FEE LIEN FEE TOTAL
1 1011 BARTLETT DR 1754511700 $138 $14 $25 $177
2 1014 BARTLETT DR 1754511300 $66 $7 $25 $98
3 1018 GOLDEN TRAIL 1792702300 $487 $49 $25 $561
4 1034 CRESCENT DR 1762800900 $207 $21 $25 $252
5 1043 CAMINO CIEGO #45 1731837900 $123 $12 $25 $160
6 1045 ALTA CALLE 1803102100 $138 $14 $25 $177
7 1068 ALTA CALLE 1802902100 $401 $40 $25 $466
8 1068 SUNSET DR 1691000400 $207 $21 $25 $252
9 10687 WEATHERHILL CT #C1 2195103800 $81 $8 $25 $114
10 1079 OAK DR 1731820200 $146 $15 $25 $186
11 1082 SUNSET DR 1691000500 $401 $40 $25 $466
12 1106 CONURE CT 1642143700 $44 $4 $25 $73
13 1114 HACKAMORE RD 1640531000 $164 $16 $25 $206
14 1138 DELPY VIEW PT 1732504901 $245 $24 $25 $294
15 1146 SUNSET DR 1691010900 $272 $27 $25 $324
16 1154 WAXWING DR 1611560200 $324 $32 $25 $382
17 1155 SUNSET DR 1690803900 $138 $14 $25 $177
18 11580 MANZANITA RD 1642603600 $138 $14 $25 $177
19 1211 DOLPHIN CIR 1741503900 $138 $14 $25 $177
20 1220 DOLPHIN CIR 1741503200 $587 $59 $25 $670
21 1232 TOWER DR 1801727200 $114 $11 $25 $151
22 1233 LAGAN AVE 1611020200 $401 $40 $25 $466
23 1234 VIA ANGELICA 1667720900 $170 $17 $25 $212
24 1235 LEXINGTON DR 1772230100 $138 $14 $25 $177
25 12438 DORMOUSE RD 1591031400 $138 $14 $25 $177
26 1252 OLIVE AVE 1622120200 $587 $59 $25 $670
27 1253 CAPISTRANO LN 1667710300 $57 $6 $25 $87
28 1275 CYPRESS DR 1801642200 $138 $14 $25 $177
29 1278 ALTA VISTA DR 1770523100 $69 $7 $25 $101
30 1305 CAREN RD 1622140900 $69 $7 $25 $101
31 131 HILL DR 1661301100 $272 $27 $25 $324
32 13171 MILLCROFT CT 1791931800 $69 $7 $25 $101
33 1337 CALERA ST 1732120500 $324 $32 $25 $381
34 134 ANGELES VISTA DR 1591310900 $170 $17 $25 $212
35 1345 ENCINITAS BLVD #736 1792123800 $30 $3 $25 $58
36 1373 LAWANA DR 1643302500 $138 $14 $25 $177
37 142 CAMINO CORTO 1643110400 $401 $40 $25 $466
38 1429 VIA CHRISTINA 1735114700 $377 $38 $25 $440
39 1458 GENOA DR 1834120500 $138 $14 $25 $177
40 1465 OAKCREEK LN 2175826000 $68 $7 $25 $100
41 1483 TENNIS MATCH WAY 1751420800 $69 $7 $25 $101
42 1483 TENNIS MATCH WAY 1734113201 $138 $14 $25 $177
43 1514 AVILA LN 1590935500 $69 $7 $25 $101
44 1516 VIA PEDRO 1735121500 $173 $17 $25 $216
EXHIBIT 3 - DELINQUENT ACCOUNTS
06/11/2024 PH5 6 of 25
EXHIBIT 3
#ADDRESS
PARCEL
NUMBER
PAST DUE
AMOUNT CITY FEE LIEN FEE TOTAL
45 1528 GREEN OAK RD 2175813400 $138 $14 $25 $177
46 1556 FOOTHILL DR 1741423600 $85 $8 $25 $118
47 1561 MADRID DR 1834030600 $113 $11 $25 $149
48 1572 PROMONTORY RIDGE WAY 1694450300 $272 $27 $25 $324 49 1602 W KNAPP DR 1592902600 $203 $20 $25 $248
50 1615 ARROW WOOD LN 1770213000 $69 $7 $25 $101
51 1650 MANOR DR 1591320400 $172 $17 $25 $215
52 1651 MONTE VISTA DR 1810230800 $201 $20 $25 $246
53 1653 ELEVADO RD 1752920400 $138 $14 $25 $177
54 16560 NEWCOMB ST 1667632400 $69 $7 $25 $101
55 1666 HARBOR DR 2175114200 $401 $40 $25 $466
56 169 WALKER WAY #71 1642901200 $401 $40 $25 $466
57 1692 CARRIAGE CIR 1668214400 $207 $21 $25 $252
58 1733 STORMY LN 1731902900 $167 $17 $25 $208
59 1749 COYOTE CT 1735013400 $255 $25 $25 $305
60 1751 KINGS RD 1740430900 $130 $13 $25 $168
61 1752 W KNAPP DR 1592702400 $401 $40 $25 $466
62 1835 MEADE AVE 1733904500 $69 $7 $25 $101
63 1854 VALE TERRACE DR 1770334200 $69 $7 $25 $101
64 1860 TEAKWOOD WAY 1694242400 $69 $7 $25 $101
65 191 LADO DE LOMA DR 1642140400 $160 $16 $25 $201
66 193 SANTA MARIA CT 1642604300 $61 $6 $25 $92
67 2035 FOOTHILL DR 1772611200 $89 $9 $25 $122
68 2043 REDWOOD CRST 1694112300 $98 $10 $25 $133
69 205 VALLEY VIEW PL 1791850600 $138 $14 $25 $177
70 207 KNOLL RD 1643112500 $103 $10 $25 $139
71 2108 ALTA VISTA DR 1803002600 $331 $33 $25 $389
72 2108 N STREET 1751360300 $396 $40 $25 $461
73 211 PALM CANYON DR 1643301600 $414 $41 $25 $481
74 211 W EAST DR 1612801900 $651 $65 $25 $741
75 2205 BAXTER CANYON RD 2195231200 $207 $21 $25 $252
76 221 W INDIAN ROCK RD 1611822900 $138 $14 $25 $177
77 2223 SOLARA LN 2216614902 $58 $6 $25 $89
78 2309 CASTLEGATE LN 1781206300 $207 $21 $25 $252
79 235 CIVIC CENTER DR 1752911700 $85 $8 $25 $118
80 2372 MORSE AVE 1665220100 $207 $21 $25 $252
81 238 ASTRO CT 1642120300 $141 $14 $25 $180
82 24082 LINDLEY ST 1834214800 $69 $7 $25 $101
83 244 AVENIDA DE LA PLZ 1631531400 $401 $40 $25 $466
84 2505 LYNN WAY 2175122000 $39 $4 $25 $68
85 28680 LILAC RD 1631131500 $397 $40 $25 $461
86 2901 ORA AVO TER 1752912400 $202 $20 $25 $247
87 294 W INDIAN ROCK RD 1613101600 $201 $20 $25 $246
88 3039 BLACKWELL DR 1591033000 $65 $6 $25 $96
89 305 REBECCA AVE 1713630100 $334 $33 $25 $393
06/11/2024 PH5 7 of 25
#ADDRESS
PARCEL
NUMBER
PAST DUE
AMOUNT CITY FEE LIEN FEE TOTAL
90 310 BANDINI PL 1791434600 $207 $21 $25 $252
91 310 S TWIN OAKS VALLEY RD #107 2216614919 $69 $7 $25 $101 92 314 PLYMOUTH DR 1632801900 $69 $7 $25 $101
93 3162 SAN HELENA DR 1791211200 $401 $40 $25 $466
94 326 N INDIANA AVE 1751312100 $401 $40 $25 $466
95 328 EDDIE DR 1641622400 $401 $40 $25 $466
96 3320 HIGHLAND DR 1592400100 $334 $33 $25 $393
97 3821 KELTON DR 1667254600 $39 $4 $25 $67
98 383 ENCINO DR 1753701200 $174 $17 $25 $217
99 3971 SCOTT DR 1640221400 $206 $21 $25 $252
100 406 SELMALITA TER 1633621300 $220 $22 $25 $267
101 4079 GOVERNOR DR #224 1751402000 $138 $14 $25 $177
102 4079 GOVERNOR DR #600 1791243200 $162 $16 $25 $203
103 408 FERRARA WAY 1632811600 $401 $40 $25 $466
104 409 AVENIDA DE LA LUNA 1631551933 $201 $20 $25 $246 105 4243 ALTA VISTA CT 1730912900 $206 $21 $25 $252
106 4322 FALCONER DR 1834120100 $401 $40 $25 $466
107 448 RANCHO VISTA RD 1790915700 $336 $34 $25 $395
108 451 CALLE ELEGANTE 1634105130 $324 $32 $25 $382
109 458 CALLE ELEGANTE 1634105103 $336 $34 $25 $395
110 463 OCEAN VIEW DR 1752940800 $303 $30 $25 $358
111 467 N MELROSE 1634701100 $35 $4 $25 $64
112 486 HAMBAUGH WAY B 1791640500 $262 $26 $25 $313
113 493 BANDINI PL 1642511800 $101 $10 $25 $136
114 523 HATHERLY ST 1660713500 $85 $8 $25 $118
115 5480 CARLSBAD BLVD 1760121900 $272 $27 $25 $324
116 5A FOLEY SQ 1791211600 $139 $14 $25 $178
117 606 CIVIC CENTER DR 1790600100 $69 $7 $25 $101
118 6083 WOODDALE ROW 1612312100 $401 $40 $25 $466
119 615 VIA DEL MAR 1667224400 $352 $35 $25 $412
120 623 S SANTA FE AVE 1631561200 $261 $26 $25 $312
121 631 CABEZON PL 1665216000 $272 $27 $25 $324
122 643 COCAPAH ST 1630831600 $207 $21 $25 $252
123 659 ONLEY DR 1630810200 $138 $14 $25 $177
124 664 OCEAN VIEW DR 1753212100 $87 $9 $25 $121
125 672 HILLSIDE TER 1751020200 $466 $47 $25 $538
126 675 CORTEZ AVE 1731340200 $376 $38 $25 $439
127 6802 PAKAMA LN 1612513600 $334 $33 $25 $393
128 6965 EL CAMINO REAL #105-220 1833711300 $207 $21 $25 $252 129 709 LAS PALMAS DR 1666801500 $401 $40 $25 $466
130 718 RICHARD LN 1791945400 $401 $40 $25 $466
131 731 MATAGUAL DR 1662501400 $79 $8 $25 $112
132 745 ANNS WAY 1632223200 $102 $10 $25 $137
133 778 N CITRUS AVE 1754104700 $178 $18 $25 $221
134 78266 MELODY LN 1762112300 $272 $27 $25 $324
06/11/2024 PH5 8 of 25
#ADDRESS
PARCEL
NUMBER
PAST DUE
AMOUNT CITY FEE LIEN FEE TOTAL
135 787 N CITRUS AVE 1751010200 $138 $14 $25 $177
136 803 ARCADIA AVE 1734101601 $324 $32 $25 $382
137 810 SIDONIA ST 1665215400 $149 $15 $25 $189
138 813 GRAPEVINE RD 1622210100 $170 $17 $25 $212
139 8530 CALLE CRISTOBAL 1761522800 $334 $33 $25 $393
140 868 HIGHLAND DR 1630410800 $207 $21 $25 $252
141 870 ALTA VISTA DR 1760823100 $274 $27 $25 $326
142 873 VALE VIEW DR 1662701500 $221 $22 $25 $268
143 906 RAINTREE PL 1750704700 $69 $7 $25 $101
144 913 ARROYO VISTA DR 2170240139 $138 $14 $25 $177
145 916 VALLEY DR 1810221700 $56 $6 $25 $87
146 9237 LAGUNA POINTE WAY 2174115600 $401 $40 $25 $466 147 929 CHUMASH TRL 1791945000 $255 $25 $25 $305
148 935 CREST VIEW RD 1793403200 $272 $27 $25 $324
149 946 MAR VISTA DR 1830820800 $169 $17 $25 $211
150 95 SHORE LN 1812111300 $483 $48 $25 $556
151 950 EUCALYPTUS AVE 1762000700 $255 $25 $25 $305
152 969 BEL AIR DR E 1763703300 $85 $8 $25 $118
153 981 RUBY DR 1750611600 $32 $3 $25 $61
154 P O BOX 194 1750703600 $122 $12 $25 $160
155 P O BOX 207 1770520500 $504 $50 $25 $579
156 P O BOX 2110 1801926100 $304 $30 $25 $359
157 P O BOX 5000-533 1661834400 $69 $7 $25 $101
158 P O BOX 963 1591611400 $214 $21 $25 $261
159 PO BOX 113 1734500800 $401 $40 $25 $466
$34,050 $3,405 $3,975 $41,430
06/11/2024 PH5 9 of 25
Vista Municipal Code
Chapter 13.16
Solid Waste Management
Sections:
13. 16.010 Purpose
13. 16.020 Definitions
13. 16.030 Burying Prohibited Generally
13. 16.040 Burying Permitted-Procedure - Effect of Health Officer's Order Prohibiting
13. 16.050 Burning Prohibited Generally
13. 16.060 Solid Waste Collection Mandatory
13. 16.070 Frequency and Scheduling of Collection
13. 16.080 Special Collections
13. 16.090 Exemption from Mandatory Collection
13. 16.100 Exemption from Payment - Economic Hardship
13. 16.110 Unlawful Collection
13. 16.120 Solid Waste Containers - Type and Construction
13. 16.130 Solid Waste Containers - Volume/Weight Limitations
13. 16.140 Special Methods of Collection and Disposal
13. 16.150 Placement of Containers for Collection
13. 16.160 Transporting Vehicles - Body Requirements
13. 16.170 Transporting Vehicles - Covering When Not In Use
13. 16.180 Unlawful Transportation through Public Streets
13. 16.190 Unlawful to Place Infectious or Hazardous Waste in Solid Waste Containers
13. 16.200 Unsafe or Offensive Accumulation of Solid Waste Prohibited
13. 16.210 Interference with Solid Waste Containers Prohibited
13. 16.220 Spilling of Solid Waste Prohibited
13. 16.230 No Parking of Loaded Trucks Overnight
13. 16.240 Franchise Agreement between Contractor and City
13. 16.250 Contract Authority - Bond Required
13. 16.260 Indemnification to City
13. 16.270 Basis for Letting
13. 16.280 Authority to Terminate, Relet Contract
13. 16.290 Assignment or Transfer of Rights
13. 16.300 Solid Waste Collection, Spillage and Cleanup
13. 16.310 Solid Waste Disposal
13. 16.320 Collection from Public Parks and Government Buildings
13. 16.330 Contractor Participation in Special Cleanup Activities
13. 16.340 Vehicle Compliance with Codes and Regulations
13. 16.350 Compliance with Local and California Laws and Regulations
13. 16.360 Continuance of Service in the Event of Nonpayment
13. 16.370 Establishment of Charges
13. 16.380 Basis for Charges
13.16.390 Liability for Payment
13. 16.400 Direct Bill by Contractor and Payment to Contractor
13. 16.410 Failure to Pay Contractor for Solid Waste Collection
13. 16.420 Special Assessment Collection
13. 16.430 Duties Regarding Collection and Removal
13. 16.440 City Manager to Settle Controversies
13. 16.450 City Manager to Regulate and Approve Vehicles and Methods of Hauling
13.16 (l) Vista 10/11/19)
06/11/2024 PH5 10 of 25EXHIBIT 4
Vista Municipal Code
13. 16.460 Making of Rules and Regulations
13. 16.470 Notice of Violation
13. 16.480 Violations of Certain Sections - Infraction
13. 16.490 Violations of Section 13. 16.190 - Misdemeanor
13. 16.500 California Mandated Trash Clean-Up Revenue Fund
13. 16.510 California Mandated Trash Clean-Up Capital Fund
13. 16.520 California Mandated Trash Clean-Up Service Charge
13. 16.530 California Mandated Trash Clean-Up Adoption of Rates
13. 16.540 California Mandated Trash Clean-Up Method of Collection Section 13.16.010 Purpose
The City Council finds that the storage, accumulation, collection and disposal of solid waste is a matter of public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding, rodent infestation, pollution to surface waters and other problems affecting the health,welfare, and safety of the residents of this and surrounding cities. The City Council further finds that the periodic collection of solid waste from all real properties with Generators in the City benefits all persons in the City as well as the greater community. Accordingly, the collection of solid waste in the City is a mandatory service and all owners of real property with Generators as defined in Section
13. 16.020 are made liable for the payment of such fees as may be charged from time to time by the City's Contractor. The City Council further declares that the regulations provided in this chapter are designated to eliminate or alleviate such problems and to provide procedures complying with requirements placed upon the City by other regulatory bodies.
Prior Code 13-1; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.020 Definitions
For the purpose of this chapter, the following words and phrases are defined as follows, unless it is apparent from the context that they have a different meaning:
Agent" means any employee or agent of the City designated by the City Manager or City Council as being responsible for directing, collecting, or providing for the collection, disposal and transportation of solid waste.
Animal Waste" means manure, fertilizer or any form of excrement produced by any and all forms of domestic animals or commercial livestock.
City" means the City of Vista as its boundaries now exist or may exist during the term of this chapter.
City Council" means the Mayor and City Council of the City.
City Manager" means the City Manager or the City Manager's designee.
Collection" when used singly in this chapter, means the collection, transportation and disposal of any and all forms of solid waste, as defined in this section.
Combustible Rubbish" includes paper, rags, discarded household bedding, packing materials, cartons, boxes, containers, grass, plants, shrubs, trees, vines, and the prunings thereof, shavings, sawdust, chips, lumber scraps, or other articles from lumberyards, mills or factories and other articles which will burn upon contact with flames of ordinary temperature.
Combustible rubbish does not include those materials listed under "construction and demolition debris," in this section.
Compost" has the meaning established by California Public Resources Codes Section 40116.
13.16 (2) Vista 10/11/19)
06/11/2024 PH5 11 of 25
Vista Municipal Code
Construction and Demolition Debris" includes dirt, sweepings, bricks, mortar, plaster, and other building materials, whether combustible or noncombustible, resulting from the repair, remodeling, demolition, or construction of buildings.
Contractor" means the solid waste collection contractor with whom the City Council has entered into written agreement for the collection, transportation and disposal of solid waste within the City.
County" means the County of San Diego.
Dwelling" has the meaning established by Vista Development Code 18.02.270.
Generator" means any persons, place of business, or dwelling that creates, produces, or accumulates solid waste.
Green Waste" includes vegetative matter and plant debris, such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, and other forms of organic waste, all as further defined and limited by the Contractor.
Hazardous Waste" has the meaning established by California Public Resources Code Section 40141.
Littering" means the willful or negligent throwing, tossing, dropping, placing, depositing, sweeping, or blowing with a mechanical device of any solid waste or recyclable on public sidewalk, street, alleys, walkway, waters, waterway, water course, gutter, storm drain, park, railroad right- of-way, open space, or other public property whether open to the public or not, except in a receptacle designed for solid waste collection, recycling, or disposal.
Miscellaneous and Bulky Debris" means all solid waste not otherwise provided for in the foregoing or following definitions including appliances, furniture, large auto parts, trees, branches, stumps, or amounts of solid waste collected at each collection in excess of the maximum amounts permitted by this chapter, and other solid waste the size, weight, or volume of which precludes or complicates their handling by normal collection methods.
Noncombustible Solid Waste" includes, among other things ashes, bottles, broken glass, crockery, earthenware, metal cans, metalware, wire products, other articles of discarded metal or stone of less than 20 pounds in weight each, automobile tires, inner tubes, batteries, and metal kegs, barrels, or casks. Noncombustible solid waste shall not include those materials listed under"construction and demolition debris," in this section.
Occupants" means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or place of business.
Organic Waste" has the meaning established by California Public Resources Code Section 42649.8.
Owner" means the legal owner or owners of real property with a Generator.
Person" as used in this chapter, means any individual, firm, corporation, association, or group, or combination acting as a unit.
Place of Business" means any hotel, motel, lodging house, trailer court, restaurant, cafeteria, market, hospital, or any educational, institutional, professional, commercial, or industrial establishment where there is an accumulation of solid waste.
Single Family Dwelling" has the meaning established by Vista Development Code
18.02.280.
Solid Waste" has the meaning established by the California Public Resources Code section 40191. In addition, solid waste includes any material that may be recycled.
Streets" means the public streets, ways, alleys, and places, except state freeways, as the same now or may hereafter exist within the City.
Truck" means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting solid waste or to haul or transport solid waste.
Prior Code 13-2; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. 2014-11, Amended to Add 6/24/14; Ord. No. 2019-12, Amended 9/10/ 19)
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Section 13.16.030 Burying Prohibited Generally
Except as provided in Section 13. 16.040, no person shall bury any solid waste on any real property within the City.
Prior Code 13-3; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.040 Burying Permitted - Procedure-Effect of Health Officer's Order Prohibiting
Organic Waste may be buried in the ground as part of ordinary non-commercial gardening activity if the same is at once securely covered with earth to a depth of at least 12 inches in such a manner as to prevent noticeable odors at adjoining property lines or attraction of rodents or disease vectors; provided, such burial occurs no closer than 60 feet to any dwelling; provided, further, that no person deposits any Organic Waste in such a manner that the same is or may become a nuisance or endanger the public health, and that an order from the County Health Officer prohibiting such deposit is final.
Prior Code 13-4; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.050 Burning Prohibited Generally
The burning of any and all types of solid waste within the City is prohibited, with the exception that agricultural crop wastes may be burned pursuant to permits issued by the Fire Chief, or the Fire Chiefs designee in accord with Section 41855 of the Health and Safety Code.
Prior Code 13-5; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.060 Solid Waste Collection Mandatory
It shall be the duty of every Owner to cause the provision of solid waste collection services by the Contractor to the Generator.
Prior Code 13-6; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.070 Frequency and Scheduling of Collection All solid waste from a Generator shall be collected at least once each week. The City Manager may, at the City Manager's discretion, or upon recommendation of the Contractor or the County Health Officer, require more frequent pick-ups should the nature of a particular Generator so require. The Contractor shall arrange collection routes so that pick-ups will be made on the same day of each succeeding week, with the following exception: No collection will occur on Memorial, Independence, Labor, Thanksgiving, Christmas, and New Year's Day, contingent upon advance notice to all those affected, in a manner satisfactory to the City Manager.
Prior Code 13-7; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.080 Special Collections
A.Availability and Payment for Services. Any Generator desiring to have solid waste collections more frequently than provided by this chapter or who has accumulated solid waste of any type exceeding the maximum amount permitted per collection, or who has accumulated miscellaneous, bulky, construction, or demolition debris shall enter in an agreement with the Contractor for special collection service. Such service is rendered on terms mutually agreeable to both parties and payment for service is made directly to the Contractor.
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B.Payment under Protest. Any Generator billed for special collection services and who desires to contest the extent or reasonableness of the charge billed, shall make payment of such charges under protest and, at the same time, file a written statement of protest with the City Manager. Within 30 days after the date of filing, the City Manager shall notify the protesting party of the decision and adjustment in the matter.
Prior Code 13-8; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.090 Exemption from Mandatory Collection
A. Any Generator may request exemption from the requirement of Section 13. 16.060, on condition that proof of the consent of the Owner and regular use of a county-authorized solid waste facility is shown. Such proof of regular use shall consist of the following:
1.Single Family Dwellings. A minimum of 48 disposal receipts from a county- authorized solid waste facility. Receipts shall have been issued during that calendar year for which exemption is requested and at intervals no greater than eight days.
2.Non-Dwelling Occupancies. Generally, the same requirements as specified for Single Family Dwellings, above, with the following exception: the City Manager may, at the City Manager's discretion or upon recommendation of the County Health Officer, require a greater number of disposal receipts, issued at lesser intervals than specified above, should the nature of the business in question demand more frequent disposal.
B. Applications for exemption shall be filed in writing with the City no later than January 1 of each year, for approval or disapproval by the City Manager. First year exemptions are granted upon proof of advance purchase of 24 dump passes or regular weekly self-disposal.
Subsequent applications by the same occupant shall be accompanied by proof of disposal during the preceding year, as required above. This exemption status is revocable upon continued violation of this chapter and upon recommendation of City Manager.
C. An exemption from the mandatory collection requirements of Section 13.16.060 may be granted to the owner of any property that is vacant for a period of 30 consecutive days or more. Such exemption may be granted by the City Manager, or person authorized and designated by him/her, upon receipt of a written notice of other evidence in writing from the legal owner of the property that the property is vacant and such additional information or evidence that the City Manager or the City Manager's designee may require. Failure of the property owner to give written notice of the vacancy in such time and in such manner as the City Manager may require shall provide reasonable grounds for ineligibility or disallowance of the exemption until such time as proper notice has been given. The City Manager shall establish the time and manner requirements for proper notice by adoption of an administrative procedure.
Prior Code 13-9; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 94-29, Enacted Section C, 12/ 13/94; Ord. No. 2019-12, Amended 9/10/ 19)
Section 13.16.100 Exemption from Payment - Economic Hardship A. Any occupant of a Single Family Dwelling in the City may request exemption from payment for mandatory collection services on grounds of economic hardship. For purposes of this section, "economic hardship" means inability to pay, based on a combined family income falling at or below poverty level in the calendar year preceding that in which exemption is requested.
Eligibility for exemption shall be determined based on the most recent figures for "Income at Poverty Level by Family Size" published by the U.S. Bureau of Census. All requests for exemption shall be accompanied by such certification of income deemed appropriate by the City Manager and are decided by the City Manager. No person contracting for special collection services pursuant to Section 13.16.080 of this chapter, is exempt from payment for such services.
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B. There is created in the general fund an account for the payment of refuse collection subsidies. It is debited for payment to the Contractor of regular monthly charges incurred for provision of collection services to persons exempted pursuant to Subsection A of this section.
Prior Code 13- 10; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.110 Unlawful Collection
It is unlawful for any person to collect solid waste within the City unless such person is under written contract with the City to perform collection services or is exempted as outlined in Subsections A, B, C, D, E, F, and G of this section. It is further unlawful for any person to permit, allow, or enter into any agreement whatsoever for the collection of solid waste with any person not the Contractor as defined in Section 13. 16.020, except as permitted in Subsections A, B, C, D, E, F, and G of this section.
A.Subcontractors to the Contractor may perform such collection services as are approved in writing by the City Manager.
B.The occupant of any premises may remove solid waste accumulated on premises owned, occupied or controlled by that person and may dispose of the same in a lawful manner.
Except as provided in Section 13. 16.090, exercise of this right does not exempt such person from payment of the mandatory solid waste collection fee due to the Contractor as provided for under terms of this chapter.
C.The collection and removal of lawn clippings, shrub and tree trimmings and other vegetative matter by individual residents and by persons doing business as professional landscapers, when such activity is directly related to their work, is exempt from provisions of this section.
D.The Contractor is not required to collect hazardous or dangerous materials as part of regular collection activity. Liquid and dry caustics, acids, biohazardous, flammable, or explosive materials, insecticides, and similar substances shall instead be handled and disposed of under separate agreement between Generator and Contractor or a designated subcontractor approved by the City, under arrangements made with the City and in accord with provisions of the California Health and Safety Code. Such agreements are exempt from the provisions of this section.
E.The Contractor is not required to collect infectious medical waste, as defined in Section 25117.5 of the California Health and Safety Code. Institutions producing and storing such wastes and any person handling or disposing of such material shall do so only in the manner approved by the County Health Officer or their designee and in accord with provisions of the California Health and Safety Code. Such activity is exempt from the provisions of this section.
F. Individual residents and City-recognized nonprofit organizations may collect recyclable materials including, but not limited to, glass, newspaper, aluminum, and cardboard for transport to a City-approved or City-recognized recycling center, subject to the following restrictions:
1.Collection of recyclables by residents is limited to premises owned, occupied, or controlled by such persons.
2.This provision does not apply to recyclable building materials generated by the repair, demolition, or construction of buildings, the rights to collection of which shall remain with the Contractor or its designated subcontractor.
G.An entity described in California Public Resource Code Section 40059.4 may contract to haul solid waste meeting all of the requirements of Subsection 40059.4(b), provided that the hauler has a City of Vista Business License and complies with the requirements of Sections 13.16.160, 13.16.170, 13.16.340, and 13.16.350 of this chapter.
Prior Code 13-11; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19)
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Section 13.16.120 Solid Waste Containers - Type and Construction It is the duty of all occupants to provide containers for the accumulation and disposal of solid waste as follows:
A.Residential Occupancies
1. Residential Solid Waste. The Contractor shall provide one (1) waste disposal cart per dwelling unit for the storage of rubbish or garbage as herein defined. Two (2) additional waste disposal carts may be rented by a resident, if such resident generates more than 95 gallons of municipal solid waste weekly, for a monthly fee determined by the Contractor.
Residents may not co-mingle either recyclables or green waste with municipal solid waste.
Material placed outside the cart will not be collected by the Contractor.
2. Residential Recyclables. The Contractor shall provide one (1) recycling cart per dwelling unit for the storage and disposal of recycling material as defined by the Contractor. The carts provided will be either 35-gallon or 65-gallon in capacity. Residents may request two (2) additional recycling carts at no additional charge. Recycling material that may be stored for weekly collection include: glass bottles and jars, aluminum and steel cans, plastic beverage containers, all plastic containers marked with a 1-7 recycling symbol on the bottom of the container, cardboard, cardboard food containers (cartons), newspaper, mixed paper, block Styrofoam and other materials designated as recyclable by the Contractor. Residents may not co-mingle rubbish, garbage, or green waste with recycling materials. Material placed outside the cart will not be collected by the Contractor.
3. Residential Green Waste. The Contractor shall provide one green waste disposal cart per dwelling unit for the storage of green waste or other organic material as required by the Contractor. The carts provided will be 35-gallon, 65-gallon or 95-gallon in capacity depending on the individual need of the residence. Residents may request up to two (2) additional green waste carts at no additional cost. Additional green waste disposal carts may be rented by a resident, if such resident generates more than 285 gallons of green waste weekly, for a monthly fee determined by the Contractor. Green waste material that may be stored for weekly collection include: grass clippings, weeds, brush, tree trimmings, leaves, flowers and other materials that may be designated as recyclable by the Contractor. Residents may not co-mingle rubbish, garbage or recyclables with green waste. The use of plastic bags for the storage or disposal of green waste is prohibited. Material placed outside the cart will not be collected by the Contractor.
Prior Code 13- 12; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2002-12,Amended, 03/26/02; Ord. No. 2014-11, Amended 6/24/14; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.130 Solid Waste Containers -Volume/Weight Limitations The following volume/weight restrictions apply to solid waste and solid waste containers placed for collection by the Contractor:
A. Residential Occupancies.
1.The following limitations shall apply:
a.Weight of Container: The container weight may not exceed the maximum weight as defined by the cart manufacturer and stamped on the lid of the cart. The Contractor has no obligation to serve an overweight cart. b.Volume of Container: Residents may not overload the container and are required to close all lids prior to the collection of the cart. Material sticking outside the top of the cart is overloaded and the Contractor has no obligation to service an overloaded cart. The Contractor is not obligated to collect any material that is placed outside of the cart on collection day.
Prior Code 13- 13; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2002-12,Amended, 03/26/02; Ord. No. 2014-11, Amended 06/24/14; Ord. No. 2019-12, Amended 9/10/ 19)
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Section 13.16.140 Special Methods of Collection and Disposal A.The removal of wearing apparel, bedding, or other solid waste from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed at the occupant's expense, under the supervision and direction of the County Health Officer and such solid waste shall neither be placed in solid waste containers nor left for regular collection and disposal.
B.Highly inflammable or explosive or radioactive refuse shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the Fire Chief, or the Fire Chief's designee at the expense of the owner or possessor of the material.
C.Hazardous waste as defined in Section 13.16.020, shall not be placed in refuse containers or left for regular collection and disposal. Such items shall be removed at the occupant's expense only after arrangements have been made with the City or its agent for such removal.
D.Solid waste containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle.
E.Animal waste, as defined in Section 13. 16.020, shall not be placed in containers, or receptacles for regular collection and disposal, but shall be removed at the occupant's expense.
Prior Code 13- 14; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2014-11, Amended 6/24/14; Ord. No. 2019-12, Amended 9/10/ 19)
Section 13.16.150 Placement of Containers for Collection It is the duty of all occupants to set out containers for the collection of solid waste as follows:
A. Location.
1.Residential Occupancies. All solid waste containers shall be placed at the curb on the nearest public street fronting the premises occupied by the person depositing the same, there to be collected by the Contractor; provided that the Contractor may designate some other location for the placement of containers when such placement will expedite collection.
2.Business and Multiple Dwelling Occupancies. All solid containers shall be placed within a permanently constructed trash enclosure, when available on premises. Should such enclosure not exist and not be required by law, the Contractor shall designate some other freely accessible location to expedite collection; provided that placement of containers at such alternative location does not result in a hindrance to vehicle movement nor constitute a visual nuisance.
B. Restrictions on Time of Placement. It is unlawful to place or permit to remain any solid waste containers on the curbings, parkways, or sidewalks of any public street before 4:00 p.m. on the day prior to collection, or after 6:00 p.m. on the day following collection, after materials have been removed or collected.
C. Generally. All occupants shall maintain supervision and surveillance over solid waste containers on their premises and shall maintain the same in a sanitary manner. Should containers be placed for collection as required above and not be emptied on the date scheduled by the Contractor, they should immediately notify the Contractor, whose duty it is to arrange for the collection and disposal of such solid waste forthwith.
Prior code 13- 15; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19)
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Section 13.16.160 Transporting Vehicles - Body Requirements No person shall collect, remove, transport, or carry solid waste over the public streets of the City except in vehicles having a metallic-lined, watertight body.
Prior Code 13- 16; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.170 Transporting Vehicles - Covering When Not in Use When not actually collecting solid waste, the body of the vehicle used to collect such material shall be covered with a tight-fitting tarpaulin or other suitable covering to eliminate offensive odors, flies, leakage, or loss of solid waste.
Prior Code 13- 17; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.180 Unlawful Transportation through Public Streets It is unlawful for anyone other than the Contractor pursuant to this chapter or those persons as specifically permitted in this chapter to carry or transport solid waste in any manner or amount within the City on or through any public street in the City.
Prior Code 13- 18; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.190 Unlawful to Place Infectious or Hazardous Waste in Solid Waste Containers
It is unlawful for any person to place in any solid waste container for collection pursuant to this chapter, operable hypodermic needles, drugs, poisons, or any infectious waste material, liquid or dry caustics, or acids, bio-hazardous, radioactive, flammable or explosive materials, insecticides, or any other hazardous waste as defined in this chapter. Such materials may be (i) collected only by the Contractor, its subcontractor, or as provided in Section 13.16.110 of this chapter, and in the manner specified in Section 13. 16.140 of this chapter; or (ii) personally delivered by the Owner or Generator for self-disposal at a licensed hazardous waste disposal facility.
Prior Code 13-19; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.200 Unsafe or Offensive Accumulation of Solid Waste Prohibited It is unlawful for any person to permit the accumulation of solid waste to become or remain offensive, unsightly, unsafe to the public health or hazardous from fire.
Prior Code 13-20; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.210 Interference with Solid Waste Containers Prohibited No person shall interfere with or disturb any solid waste container, or remove the same from where it has been placed for collection by its owner without having a written contract with the City to collect and dispose of solid waste.
Prior Code 13-21; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.220 Spilling of Solid Waste Prohibited
No person, including the Contractor authorized to collect solid waste, shall place, sweep, spill or permit solid waste to fall upon any private grounds or public streets within the City.
Prior Code 13-22; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19)
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Section 13.16.230 No Parking of Loaded Trucks Overnight No person shall leave trucks or other transport loaded with solid waste parked for over a twenty-four-hour period on City streets.
Prior Code 13-23; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.240 Franchise Agreement between Contractor and City A. Contracts or franchise agreements executed to provide for solid waste disposal shall conform to the terms of this chapter.
B. Provisions of this chapter do not preempt or negate terms of the franchise agreement for solid waste collection and disposal services currently existing between the City and the Contractor, unless such provisions of this chapter specifically conflict with terms of said agreement. All terms of the franchise agreement not in specific conflict with this chapter are saved from repeal and are continued in full force and effect.
Prior Code 13-24; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.250 Contract Authority - Bond Required
The City Council has the power to let contracts for the removal, transportation and disposal of solid waste as provided in this chapter, and may, as a condition of granting such contracts, require a bond from any contractor, the amount of which shall be determined by the City Attorney and set forth in the franchise agreement.
Prior Code 13-25; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.260 Indemnification to City
Any grantee shall indemnify the City, its officers, and its employees against all claims, demands, actions, suits, and proceedings resulting from the actions or operations of the Contractor under terms of the franchise agreement by filing with the City Clerk, certificates of liability insurance, property damage insurance, workers compensation insurance or other instrument(s) acceptable to the City Attorney and set forth in the franchise agreement.
Prior Code 13-26; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.270 Basis for Letting
In letting contracts authorized by this chapter, the City Council is not required to let contracts to the lowest bidder, but is free to let such contracts to the person deemed best fitted to comply with the terms of this chapter and the contract.
Prior Code 13-27; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.280 Authority to Terminate, Relet Contract Should the Contractor fail or refuse to comply with the conditions of this chapter and of its contract to remove, transport, and dispose of solid waste and the Contractor has been given written notice of noncompliance by the City Manager and the Contractor has further been given 30 days to correct such deficiencies, the City Council may, at its option and after a hearing, of which the Contractor shall have ten days written notice, terminate the contract and let the contract to another contractor deemed more capable of carrying out its terms.
Prior Code 13-28; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19)
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Section 13.16.290 Assignment or Transfer of Rights
No assignment or transfer of any right conferred by contract shall be made in whole or in part by the Contractor without express written consent of the City. Should any assignment or transfer be authorized by the City Council, the assignee shall assume the liability and such other obligations of the contractors as may be related to the service performed.
Prior Code 13-29; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.300 Solid Waste Collection, Spillage and Cleanup The Contractor shall exercise all reasonable care and diligence in collecting solid waste to prevent spilling, scattering, or dropping of solid waste, and shall at the time of occurrence clean up any spillage.
Prior Code 13-30; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.310 Solid Waste Disposal
The Contractor shall dispose of collected waste, at Contractor's expense, at an authorized solid waste facility in a manner satisfactory to the City and in accordance with all state and local laws and regulations.
Prior Code 13-31; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.320 Collection from Public Parks and Government Buildings The Contractor shall without charge, collect solid waste from City-controlled public parks, playgrounds, City government buildings, and other City-controlled facilities, from the receptacles in which the same is confined, and any receptacle in the business district belonging to the City, on a service frequency and day(s) of collection to be determined by the City Manager.
Prior Code 13-32; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.330 Contractor Participation in Special Cleanup Activities The Contractor shall participate with the City in any annual cleanup activity upon request of the City Manager as may be necessary to supplement the City's available manpower and equipment resources, and shall otherwise cooperate with the City Manager in resolving special disposal related problems.
Prior Code 13-33; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.340 Vehicle Compliance with Codes and Regulations The Contractor's trucks shall comply with the regulations as set forth in the California Motor Vehicle Code, San Diego Air Pollution Control District, all other applicable California codes and regulations, and this chapter.
Prior Code 13-34; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.350 Compliance with Local and California Laws and Regulations The Contractor shall operate in such a manner as to comply with all applicable local and state laws and regulations pertaining to the collection, storage, and transportation of solid waste.
The Contractor shall also comply with all other ordinances and regulations of the City and
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applicable laws and regulations of the County of San Diego and State of California, and shall obtain and keep in force all required permits and business licenses.
Prior Code 13-35; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.360 Continuance of Service in the Event of Nonpayment In the event of nonpayment for collection service rendered to any person, the Contractor shall continue to provide such service, subject to reimbursement as provided in Section 13. 16.410 of this chapter. This section does not apply to special collection services.
Prior Code 13-36; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.370 Establishment of Charges
For the solid waste collection services described in this chapter, and for the making available of such services, there shall be charged to each Generator the sums necessary to cover the costs of such services, as such sums may be established pursuant to the City's contract with the Contractor. This section shall not apply to the CMTC Service Charge established in Section 13.16.520 of this chapter.
Prior Code 13-37; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.380 Basis for Charges
All charges provided for in this chapter shall be fair, reasonable, and consistent with the scope of services rendered by the Contractor, as described and required by this chapter.
Prior Code 13-38; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.390 Liability for Payment
The obligation to pay the charges provided in this chapter is upon the Owner of the dwelling or business so served. Nothing in this section, however, shall prevent an arrangement or the continuance of an arrangement under which payments for solid waste collection services are made by a tenant or tenants, or any agent, on behalf of the Owner; provided, any such arrangement shall not affect the Owner's obligation for payment of said charges for services rendered.
Prior Code 13-39; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.400 Direct Bill by Contractor and Payment to Contractor Contractor shall direct bill all Generators and all charges billed for solid waste collection services, pursuant to Section 13. 16.360 of this chapter, shall be paid directly to the Contractor.
Prior Code 13-40; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.410 Failure to Pay Contractor for Solid Waste Collection A. An account is deemed delinquent if payment for collection services has not been received within 15 days after the last day of the normal billing period for which service was rendered. Upon determination of delinquency, the Contractor shall give written notice to the delinquent account holder and the Owner that the bill, including service fees and delinquency charges, is now overdue and payable in full and shall attempt to collect payment through all available means, within 30 days of the date of such notice.
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B. Provided adequate arrangements for payment have been made between the contractor and delinquent account holder within 60 days of the end of the earliest unpaid billing period, the Contractor may tender the total unpaid bill amount to the City Manager for payment by the City. The tender shall provide all pertinent data including the name and address of the delinquent account holder and the Owner, address and parcel number of the property billed, dates of the period of service unpaid, amount due and certification that the billing procedures pursuant to Subsection A of this section, has been fulfilled.
C. The delinquent bill presented by the Contractor to the delinquent account holder and the Owner pursuant to Subsection A of this section, shall include a written notice warning that nonpayment within 60 days of the end of the earliest unpaid period may result in tender of the debt to the City for payment, and that this may result in collection efforts by the City and the recordation of a lien against the property to which service was rendered.
D. Upon receipt of tender of the debt, the City Manager, or the City Manager's designee, shall advise the delinquent account holder and the Owner in writing of the tender, and that 30 days' notice is given to permit payment of the debt to the City to avoid a special assessment against the real property in the amount of the debt.
E. Debts tendered to the City shall be paid to the Contractor on a quarterly basis as they are collected by the City.
Prior Code 13-41; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2013-3, Repealed 4/23/13; Ord. No. 2019-12, Added 9/10/ 19)
Section 13.16.420 Special Assessment Collection
A. The City Manager may initiate proceedings to make delinquent solid waste collection debts a special assessment against the real properties for which such debts were tendered to the City for payment.
B. A report of delinquent charges shall be transmitted to the City Council, which shall fix a time, date, and place for hearing the report and any protests or objections thereto.
C. The City Council shall cause notice of hearing to be mailed to the owner of real property to which service was rendered not less than ten days prior to the date of hearing. At the time fixed for said hearing, the City Council shall hear any objections of the owner liable to be assessed for delinquent accounts. The City Council may make such revisions to the report as it deems just and if satisfied with the correctness of the report as submitted or revised shall confirm or reject it by resolution. The decision of the City Council on the report and on all protests or objections thereto are final and conclusive.
D. Upon confirmation of the report by the City Council, the delinquent charges contained therein shall constitute a special assessment against the property and shall be forwarded to the San Diego County Auditor as provided by sections 39580 through 39586, inclusive, of the Government Code of the State of California, to be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and procedure of sale as provided for delinquent, ordinary real property taxes. The assessments are 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 has 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 are applicable to such special assessments.
E. The City Clerk may accept payment of any amount due at any time prior to the City Council hearing, as called for in Subsection C.
F. There is created in the general fund an account entitled "Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such delinquencies as are collected by the County Tax Collector or otherwise collected for release of
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lien remitted to the City. The City will, in turn, debit the account for payment to the contractor of tendered debts.
Prior Code 13-42; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2013-3, Repealed 4/23/13; Ord. No. 2019-12, Added 9/10/ 19)
Section 13.16.430 Duties Regarding Collection and Removal A. The City Manager shall have the authority to administer the contract which provides for the collection and removal of solid waste and shall approve routes and days for such activities, as proposed by the Contractor in accordance with provisions of this chapter.
B. The City Manager shall have the authority to act on behalf of the City to effect changes in routes and days of collection in cooperation with the Contractor, contingent upon notice to all affected thereby, in a manner deemed most appropriate by the City Manager.
Prior Code 13-43; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.440 City Manager to Settle Controversies
The City Manager is authorized and empowered to negotiate and settle any charge required or made under the contract between the City and the Contractor.
Prior Code 13-44; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.450 City Manager to Regulate and Approve Vehicles and Methods of Hauling
The type and construction of vehicles transporting or carrying solid waste over public streets and the method of hauling solid waste in vehicles is subject to the regulation and approval of the City Manager.
Prior Code 13-45; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.460 Making of Rules and Regulations
The City Manager shall have the authority to make other reasonable rules and regulations concerning individual collection, transportation and disposal of solid waste over City streets by the Contractor, subcontractors, other contractors, and private persons, as are found necessary.
Prior Code 13-46; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/19) Section 13.16.470 Notice of Violation
The City Manager is authorized and empowered to notify the owner, their authorized representative or the lawful occupant of any premises described in this chapter, of violations of this chapter, and of the corrective steps necessary to conform to this chapter. Notice shall be given in writing and may be made to any person held responsible under this section by mail or hand delivery.
Prior Code 13-47; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13.16.480 Violations of Certain Sections - Infraction Except as provided in Section 13.16.490, any violation of this chapter is unlawful and constitutes an infraction, punishable according to the provisions of Section 1.16.010 of this code.
The third infraction within a 12 month period constitutes a misdemeanor.
Prior Code 13-48; Ord. No. 86-4, Repealed and Replaced 1/28/86)
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Section 13. 16.490 Violations of Section 13.16.190 - Misdemeanor Disposal of infectious or hazardous waste, in violation of Section 13. 16.190 of this chapter, is unlawful and a misdemeanor, punishable as provided in Section 25189 of the California Health and Safety Code.
Prior Code 13-49; Ord. No. 86-4, Repealed and Replaced 1/28/86) Section 13. 16.500 California Mandated Trash Clean-Up Revenue Fund A California Mandated Trash Clean-Up (CMTC) Fund of the City is hereby established.
The purposes of the CMTC Fund is to provide for the operation, maintenance, construction or reconstruction, replacement costs, and debt service expense, and retirement, if any, for the control, collection, and disposal of solid waste, excluding green waste, not placed in a proper solid waste container, prior to entering surface waters. All revenues received from service charges and other revenues not specifically allocated to other funds shall be deposited initially to the CMTC Revenue Fund.
Prior Code 13-50; Ord. No. 86-4, Repealed and Replaced 1/28/86; Ord. No. 2019-12, Amended 9/10/ 19) Section 13.16.510 California Mandated Trash Clean-Up Capital Fund The California Mandated Trash Clean-Up (CMTC) Capital Fund is hereby established.
The purposes of the CMTC Capital Fund is to provide for the construction or reconstruction, installation, repairs and replacement of existing capital facilities, equipment, and appurtenances necessary for the control, collection, and disposal of solid waste, excluding green waste, not placed in a proper solid waste container, prior to entering surface waters.
Transfers to the CMTC Capital Fund shall be authorized from revenues received in the CMTC Revenue Fund, including portions of the CMTC Service Charges, as directed by the City Council with approval of the budget. The City Council may transfer such additional funds to the CMTC Capital Fund as it deems prudent or necessary from any available sources in such amounts as the City Council shall determine.
Ord. No. 2019-12, Added 9/10/ 19)
Section 13. 16.520 California Mandated Trash Clean-Up Service Charge There is hereby levied upon every solid waste Generator within the City limits of the City of Vista a mandated trash clean-up service charge known as the CMTC Service Charge.
Revenues derived from CMTC Service Charges may be used for the operation, construction or reconstruction, maintenance, repair, including debt service payment, and enforcement of regulation for the control, collection, and disposal of solid waste not placed in a proper solid waste container, prior to entering surface waters in the City of Vista.
Ord. No. 2019-12, Added 9/10/ 19)
Section 13. 16.530 California Mandated Trash Clean-Up Adoption of Rates The City Council shall by resolution, from time to time, establish the CMTC Service Charge upon each solid waste Generator based upon the actual or imputed type and size of the Generator's containers and the frequency of collection.
Ord. No. 2019-12, Added 9/10/ 19)
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Section 13. 16.540 California Mandated Trash Clean-Up Method of Collection The CMTC Service Charge shall be collected by the City's Contractor and remitted to the City as provided in the City's contract with the Contractor.
Ord. No. 2019-12, Added 9/10/ 19)
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