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HomeMy WebLinkAbout0301ORDINANCE NO. 301 (1965 Series) AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE FOR COLLECTION AND DISPOSAL OF GARBAGE, PROVIDING FOR COMPUL- SORY SERVICE AND AMENDING GARBAGE RATES B E I T O R D A I N E D by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following Sections of the San Luis Obispo Municipal Code shall be and are hereby amended to read as follows: SECTION 5200.l(a) Garbage - No person shall keep, accumulate or permit to be kept or accumulated any Garbage '—upon any lot or parcel of land, or on any public or pri- vate place, street, lane, alley or drive, unless the same shall be in metal receptacles pro- vided with handles; the receptacles shall have a capacity of not less than five (5) gallons and not to exceed. sixty (60) gallons, receptacles to be provided with close - fitting metal lids or cov--rs which shall be kept closed at all times except when necessarily opened to permit garbage to he taken therefrom or deposited therein, and shall be kept in a clean, neat, sanitary condition at all times. SECTION 5200.6. USE OF GARBAGE COLLECTION SERVICE REQUIRED. OCCUPANT TO PAY COLLECTION FEES. (a) It is hereby found and determined that the periodic collection of garbage, wet garbage, refuse or rubbish, hereinafter collectively referred to as "Garbage, " from all places in the City of San Luis Obispo benefits all occupants of places and premises in the City, and such occupants or persons in p --ssession, charge or control of any place in or from which garbage is created, accumulated or produced are liable for and shall pay the garbage collection fees hereinafter set forth. (b) Garbage collection service is provided by the City of San Luis Obispo, and it shall be mandatory for all occupants or persons in possession, charge or control of places and premises in the City of San Luis Obispo in or from which garbage is created, accumu- lated or produced to use the City's collection service; provided, however, that there may be joint or multiple use of garbage containers, subject to conditions established by the City. (c) For the purposes of establishing liability and responsibility for the pay- ment of the fees hereinafter set forth, occupants or persons in possession, charge or con- trol are deemed to be the person or persons who have or will apply for water service to each place or premise within the City and the fees hereinafter set forth shall be collected with the City's water bills, provided that any parcel containing occupied structures or structures from which such garbage is created and. not connected to the City water service shall be billed directly by the City. The City Council may provide for collection of the fees by the garbage company when, in the City Council's discretion, such fees require periodic surveys or andi.t of the amounts of garbage involved. in the case of premises containing more than one dwelling unit or place of business or both, which are served by a single water meter, such fees may be billed to the landlord, who shall collect such fees levied against the occupants thereof and who shall transmit the amount so collected to the City. In the event the landlord fails to collect such fees from any occupant and transmit same to the City, said landlord shall be liable to the City for payment of such fees. All fees shall be collected two (2) months in advance, and partial initial payments or refimds shall be calcu- lated on not less than a one -half -1/2) month basis. (d) The fees imposed by this Ordinance shall be a civil debt owing to the City of San Luis Obispo and, where applicable, must be paid with the water billing and sewer service charge. No amounts less than the total of these three charges will be accepted by the City and if said amounts are not paid when due the City may, in addition to other reme- dies, shut off the water service. _G r SECTION 5200.6.A. COLLECTION RATES (a) HOUSEHOLDS - For the service of collecting all refuse, garbage, wet garbage or rubbish ordinarily produced in and about the household, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, the following rates per month are established: SINGLE FAMILY RESIDENCES: 35 gallons or less 1 collection per week - one container $1: 80 1 collection per week - two containers 2.80 1 collection per week - three containers 3.80 2 collections per week - one container 5.00 For the additional service of collecting all rubbish, including all combustible and non- combustible waste and refuse matter except garbage ordinarily accumulated in and about residences, including tree trimmings, grass cuttings, dead plants and weeds, providing that such rubbish shall be placed in appropriate containers on the curb in front of the resi- dence, the collection rate shall be One Dollar and Fifty Cents ($1.50) per month for one collection per week. The initial or subsequent renewal of this service shall be for a mini- mum of four (4) months, payable in advance, and thereafter payable bi- monthly. DUPLEXES: 35 gallons or less 1 collection per week - one container $2.20 Where individual containers are used, rates will be the same as single family residences. APARTMENTS AND COURTS: 35 gallons or less 1 collection per week - one container $1:80 For each additional container - 1 collection per week 1.50 2 collections per week - per container 4.20 Dumpmaster container rates shall be $1.50* per unit, plus $5.00 monthly rent per Dumpmaster container for one collection per week. Two (2) collections per week per Dump- master container shall be $2.10 per unit. (b) COMMERCIAL ESTABLISHMENTS OR MOTELS - For the service of collecting all refuse, garbage, wet garbage or rubbish ordinarily produced in and about commercial establishments or motels, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, each separate commercial establishment or motel having refuse containers shall not be re- quired to pay more than the following rates: Number of 35 gallon Rates per month for the following number of cans: collections per week: -2- 1 2 3 6 7 1 $2.50 $5.00 $ 6.50 $ 8.00 $10.00 2 3.50 6.00 8.50 11.50 14.00 3 4.50 7.00 10.50 15.00 18.00 4 5.50 8.00 12.50 18.50 22.00 5 6.50 9.00 14.50 22.00 26.00 6 7.50 10.00 16.50 25.50 30.00 7 8.50 11.00 18.50 29.00 34.00 8 9.50 12.00 20.50 32.50 38.00 9 10.50 13.00 22.50 36.00 42.00 10 11.50 14.00 25.00 39.50 46.00 -2- r passed this Ordinance and each section, subsection, sentence, phrase or clause hereof, irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses are unconstitutional. SECTION 4. The contracting agent shall, prior to May 1, 1965, execute a contract with the City of San Luis Obispo providing for the increase in fees and other provisions recommended by the City Council Committee. SECTION 5. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram - Tribune, a news- paper published and circulated in said City, and the same shall go into effect at the expir- ation of thirty days after its said final passage, provided that the rates and other provisions shall not be applied prior to May 1, 1965. 15th INTRODUCED AND PASSED TO PRINT this ka day of February, 1965 by the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ATTEST: CITY CLERIC Not Finally Passed. -4- For 35 gallon cans in excess of ten (10), the rate shall be an additional $1.00 per can per collection. Number of cubic feet: 7 cubic feet or less Each 5 cubic feet over 7 cubic feet Irregular collections: Rates per month for commercial establishments or motels not using dumpmaster containers or can for the following number of collections per week: 1 2 3 6 7. $2.50 $5.00 $6.30 $9.00 $10.00 0.60 0.90 1.20 1.60 1.90 Each 5 cubic feet or fraction thereof - $3.00 (c) OFFICE BUILDINGS, PLACE OF BUSINESS - For the regular collection, removal and disposal of rubbish from any office building using a common container or from any premises or place of business producing said refuse, (excepting those premises for which rates are hereinabove specified), the rate per month for the collection shall not exceed that listed in (b) above. (d) Each container other than a dumpmaster container and its contents, shall not exceed seventy -five (75) pounds. Drums of the approximate 55 gallon size shall be charged at the rate of two (2) containers. All commercial and motel rates shall be based upon six (6) months average quantities unless such establishments contract for irregular collections. SECTION 2. Any person, firm or corporation violating the provisions of this Ordi- nance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with the provisions of Section 1200 of the San Luis Obispo Municipal Code. SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordi- nance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have -3- Fates per month for commercial dumpmaster Number of containers for the following number of collect - cubic yards ions per week: 1 2 3 6 7 1 $10.00 $15.00 $18.00 $26.00 $31.00 2 13.50 19.00 23.30 30.00 35.00 3 16.50 23.50 29.30 37.50 45.00 4 20.10 29.90 37.50 48.10 58.00 5 23.70 35.30 44.70 56.70 60.00 6 27.30 41.70 52.90 63.30 83.00 8 35.00 51.60 67.10 88.90 98.00 The above rates include the monthly container rental. Number of cubic feet: 7 cubic feet or less Each 5 cubic feet over 7 cubic feet Irregular collections: Rates per month for commercial establishments or motels not using dumpmaster containers or can for the following number of collections per week: 1 2 3 6 7. $2.50 $5.00 $6.30 $9.00 $10.00 0.60 0.90 1.20 1.60 1.90 Each 5 cubic feet or fraction thereof - $3.00 (c) OFFICE BUILDINGS, PLACE OF BUSINESS - For the regular collection, removal and disposal of rubbish from any office building using a common container or from any premises or place of business producing said refuse, (excepting those premises for which rates are hereinabove specified), the rate per month for the collection shall not exceed that listed in (b) above. (d) Each container other than a dumpmaster container and its contents, shall not exceed seventy -five (75) pounds. Drums of the approximate 55 gallon size shall be charged at the rate of two (2) containers. All commercial and motel rates shall be based upon six (6) months average quantities unless such establishments contract for irregular collections. SECTION 2. Any person, firm or corporation violating the provisions of this Ordi- nance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with the provisions of Section 1200 of the San Luis Obispo Municipal Code. SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordi- nance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have -3-