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HomeMy WebLinkAbout383 ORDINANCE NO. 383 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 3 (SOLID WASTE) OF TITLE 6 (SANITATION AND HEALTH) , OF THE LOS ALTOS HILLS MUNICIPAL CODE WHEREAS, the Town wishes to continue to require mandatory universal service but no longer wishes to require mandatory solid waste service; and WHEREAS, the provisions of this Ordinance need to go into effect immediately to protect the peace, health and safety. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Subsection 17 of Section 6-3.02 (Definitions) of Chapter 3 (Solid Waste) , Title 6 (Sanitation and Health) of the Los Altos Hills Municipal Code is hereby amended to read: 17. "Solid waste and recyclables collector" means any person or persons who is authorized by a franchise agreement existing between the franchisee and the Town, in accordance with Sections 6-3 . 13 and/or 6-3. 14 of this chapter, to collect, receive, carry, transport, and dispose of any solid waste and recyclables produced, kept or accumulated within the Town. 2 . ADDITION TO CODE. Subsection 20 is hereby added to Section 6-3 .02 (Definitions) of Chapter 3 (Solid Waste) , Title 6 (Sanitation and Health) of the Los Altos Hills Municipal Code to read: 20. "Universal service" (sometimes referred to as "baseline service") means all services provided to or offered to all premises within the Town by the solid waste and recyclables collector, except for solid waste service. The services included in the universal service shall be set out in the franchise agreement between the franchisee and the Town but shall include, without limitation, household recycling, yard waste services, cleanup days, and household hazardous waste drop off programs. 3 . AMENDMENT OF CODE. Section 6-3.03 (Mandatory solid waste and recyclables collection service - Owner responsibility) of Chapter 3 (Solid Waste) , Title 6 (Sanitation and Health) of the Los Altos Hills Municipal Code is hereby amended to read: 1 3\lah\ord\6-3.ord 6-3. 03 Mandatory universal service - Owner responsibility. The owner of each occupied residential or nonresidential premises shall subscribe to and pay for at least the minimum universal service made available to that premises by the solid waste and recyclables collector(s) , as specified in the franchise agreement(s) between the Town and the solid waste and recyclables collector(s) executed pursuant to Sections 6-3. 13 and 6- 3.14 of this chapter. The charges for the universal service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste and recyclables to be collected on any particular collection date during such occupancy and regardless of whether the owner or tenant makes- use of the other services included in the baseline service. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste and recyclables collection service are made by a tenant .or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for the universal service as provided herein. 4. AMENDMENT OF CODE. Section 6-3.04 (Exemptions Grandfathered) of Chapter 3 (Solid Waste) , Title 6 (Sanitation and Health) of the Los Altos Hills Municipal Code is hereby renumbered, relabeled, and amended to read: 6-3 .05 Debris Boxes. The owner of each residential or nonresidential. premises, whether occupied or not, upon which major construction is taking place, shall subscribe to and pay for at least one debris box from the solid waste collector during the entire period of construction. Nothing in this section is intended to prevent an arrangement, or the continuation of an arrangement, under which payment for debris boxes are made by any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for a debris box as provided herein. The determination of whether construction is "maj.or" shall be made by the Town Planner. 5. AMENDMENT OF CODE. Section 6-3.05 (Commencement of solid waste and recyclables collection service) of Chapter 3 (Solid Waste) , Title 6 (Sanitation and Health) of the Los Altos Hills Municipal Code is hereby renumbered and amended to read: 6-3.04 Commencement of universal service. The owner or tenant shall commence at least the minimum universal service within ten (10) days after occupancy of a premises, or portion thereof. In the 2 3\lah\ord\6-3.ord event. service is not initiated within such period of time, the Manager may give written notice to the owner or, tenant that universal service is required. If service is not initiated by the owner or tenant within ten (10) days after the date of mailing the notice, the Manager shall authorize the solid waste and recyclables collector to begin and continue providing the minimum universal service to such premises and the service shall be deemed to have been made available as of the date of such authorization. 6. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable- to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations. 7. FINDINGS; EFFECTIVE DATE. This urgency ordinance shall be effective immediately upon its adoption as the City Council finds that this urgency ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare in that: a. Some citizens are not using the solid waste collection service mandated by the Town; b. The Town does not wish to have these citizens charged for a service they are not using and this service (unlike the universal service) does not necessarily help the Town meet its state-mandated goals with regard to solid waste; and c. The Town is obligated under its ordinance to hold hearing on delinquent solid waste and recyclable accounts, and the Town wishes to remove the requirement for solid waste collection as quickly as possible so that the Town is not obligated to hold any unnecessary hearings on delinquent accounts. This ordinance was passed at a regular meeting of the City Council of the Town of Los Altos Hills on June 5 , 1996, on a four-fifths vote of all Councilmembers, as follows: INTRODUCED AND PASSED: June 5, 1996 AYES: Mayor Siegel and Council-members Casey, Dauber, Hubbard and Johnson NOES: None 3 3\1ah\ord\6-3.ord ABSTENTIONS: None ABSENT: None I By: Mayor ATT City Clerk AI ED AS TO City Att rney 4 3\lah\ord\6-3.ord