O 655 ORDINANCE NO. 655
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ELECTING TO HAVE
DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL SERVICE CHARGES COLLECTED ON THE
TAX ROLL
WHEREAS, Arroyo Grande Municipal Code Section 8.32.030 requires that all premises
within the City must use the City's solid waste collection and disposal service; and
WHEREAS, the City Council finds that the timely and full payment of charges for solid
waste collection and disposal services is critical for the successful operation of the
City's solid waste franchise; and
WHEREAS, the City has experienced numerous circumstances in which residents fail to
pay charges for solid waste collection and disposal services causing significant hardship
to the City and the City's solid waste collection and disposal Franchisee; and
WHEREAS, the City recognizes that there are certain remedies provided by State law
to collect delinquent charges for solid waste collection and disposal services, including,
but not limited to, collection of such delinquent charges on the real property tax roll; and
WHEREAS, the City finds that it is in the best interest of the community to require
property owners to be held responsible for the payment of all solid waste collection and
disposal services provided; and
WHEREAS, by this Ordinance and in addition to all other remedies provided by law, the
City Council intends to establish a mechanism to ensure payment of all delinquent solid
waste collection and disposal charges.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section2. Delinquent Charges. It is hereby found and determined that it is in the
public interest that the City's solid waste collection and disposal charges lawfully
assessed by the authorized Franchisee for the City, which become delinquent shall
henceforth be collected on the tax roll pursuant to the procedures set forth in Health and
Safety Code Sections 5473 et seq.
Section 3. Collection on Tax Roll. The City hereby elects to, by resolution, have
solid waste collection and disposal charges which are delinquent at the end of any fiscal
ORDINANCE NO. 655
PAGE 2
year, collected on the tax roll in the same manner, and by the same persons, and at the
same time as, general real property taxes.
Section 4. Procedures. The City Clerk is hereby authorized and directed at the end of
each fiscal year to prepare and file with the City Council a report containing a
description of each parcel of real property receiving solid waste collection and disposal
services and the amount of delinquent charges for each parcel owing as of the end of
the fiscal year, computed in conformity with any charges prescribed by resolution of this
City Council. Upon filing of said report the City Clerk shall also cause notice of the filing
of said report and of a time and place of hearing thereon to be published pursuant to
Government Code Section 6066 and Health and Safety Code Section 5473.1.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, or
clause of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause be
declared unconstitutional.
Section 6. Ordinance Summary. A summary of this Ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five (5) days
prior to the City Council meeting at which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the office of
the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance
shall be published again, and the City Clerk shall post a certified copy of the full text of
such adopted Ordinance.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
ORDINANCE NO. 655
PAGE 3
On motion of Council Member Guthrie, seconded by Council Member Brown, and on
the following roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Ray
the foregoing Resolution was passed and adopted this 9th day of July 2013.
ORDINANCE NO. (155
PAGE 4
TONY F MAYOR
ATTEST:
S l LA A 14
KELLY W7 TM 0/ E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEI ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM J. CA‘EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 655 which was
introduced at a regular meeting of the City Council on June 25, 2013; was
passed and adopted at a regular meeting of the City CounciUSuccessor Agency
to the Dissolved Arroyo Grande Redevelopment Agency on the 9th day of July
2013; and was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th
day of July 2013.
/_ L o/1 _-
KELLY T1`•RE, CITY CLERK