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028 of 2002 - garbage fees - residential collections 0 02-1 • 0 02-27 SALT LAKE CITY ORDINANCE No. 28 of 2002 (Garbage Fees—Residential Collections) AN ORDINANCE AMENDING SECTION 9.08.030 OF THE SALT LAKE CITY CODE, RELATING TO GARBAGE FEES FOR RESIDENTIAL COLLECTIONS. WHEREAS, the City Council has deteiniined to reduce monthly charges for garbage pickup service for fiscal year 2002-2003. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 9.08.030, Salt Lake City Code,be, and the same hereby is, amended to read as follows: 9.08.030 Residential Collections: The City will provide for the collection and disposal, at the expense of the property owner, of garbage, community waste, stove ashes and other such refuse from the below designated residences, and churches, as provided for herein, but not from places of business, apartment houses, or public buildings. Said collection shall be under the supervision of the Department of Public Services pursuant to the following: A. Owner Responsible For Charges: Except where water, sewer and garbage service to the owner's premises is properly terminated or the owner notifies in writing the Director of Public Works that the owner's garbage will be picked up by a private collector, the owner of every premises described in subsection B of this Section shall be responsible and liable for the below enumerated monthly charges for garbage service. The charge for such service shall be billed with the City's regular water and sewer billings to such dwelling units as the Department of Public Utilities has records, and directly to the address of all other such premises provided by the Director of the City's Department of Public Works. In those instances where the water and sewer bill is currently being sent to a tenant at the owner's request, the garbage service will be similarly billed. However, the owner will pay for all garbage service furnished such tenant, or any other occupant of the premises named in the Department of Public Utilities application in case such tenant or occupant shall fail to pay the same. B. Garbage And Trash Pickup Charges: 1. Monthly charges for general garbage pickup service provided by the City, whether from a single-family dwelling unit, duplex family dwelling unit, triplex family dwelling unit or other units approved by the Director of Public Services, for the City's fiscal year 2000-2001, shall be twelve dollars fifty cents ($12.50)per month for the first automated container. Additional automated containers can be obtained for twelve dollars fifty cents ($12.50) each per month plus a delivery fee of ten dollars ($10.00) each. 2. The monthly charges for garbage pickup service for future years, subject to modification by future City Councils, shall be as follows: Fiscal year 2000-2001 $12.50 Fiscal year 2001-2002 $12.75 Fiscal year 2002-2003 $ 9.75 3. Additional automated containers can be obtained in future years for the following monthly charge plus a delivery fee of ten dollars ($10.00) each, subject to modification by future City Councils: Fiscal year 2000-2001 $12.50 2 Fiscal year 2001-2002 $12.75 Fiscal year 2002-2003 $ 9.75 C. Billing: 1. Periodic Billing Statements: The Department of Public Utilities shall cause billings for garbage collection to be rendered periodically at rates established in this Chapter. In the event partial payment is made on a combined bill, the payment shall be applied first to franchise fees due, and then to each service on a pro rata basis as determined by the Director of Public Utilities. 2. Delinquency: Fees and charges levied in accordance herewith shall be a debt due to the City. If this debt is not paid within thirty(30) days after billing it shall, at the option of the Director of Public Utilities, be deemed delinquent and subject to recovery in a civil action for which the City may recover reasonable attorney fees, and/or said Department shall have the right to terminate water, sewer and garbage collection services to said premises. Any uncollected amount due from the owner on any inactive, terminated or discontinued account may be transferred to any active account under the owner's name and upon failure to pay said bill after at least five (5) days'prior written notice, water, sewer and/or garbage collection services to that account and premises may be discontinued. 3. Restoration Of Service: Water, sewer and garbage service shall not be restored until all charges shall have been paid. D. Deposits Required From Nonowners: All new water, sewer and garbage collection service users who are not the owners of the premises shall pay to the Department of Public Utilities for deposit with the City Treasurer an amount sufficient to 3 cover the cost of garbage collection services which may accumulate. The amount deposited shall be not less than twice any monthly or bimonthly bill for garbage collection over the preceding year on such premises,but in no case shall it be less than ten dollars ($10.00). The Department of Public Utilities shall issue a certificate of deposit. The amount deposited shall be refunded by the City Treasurer to the holder upon the surrender of the certificate properly endorsed,provided all garbage bills and other charges are paid. All bills for garbage service must be paid promptly without reference to said deposit. Whenever any user of garbage collection services shall have failed to pay for garbage services rendered to such premises, the money deposited or any part thereof may be applied to the payment of such delinquent bills by the Department of Public Utilities. The owner of the premises will be required to pay the remainder. E. Abatement: Those owners, each year, granted indigent abatement for taxes on their dwelling by Salt Lake County under section 59-2-1106 et seq., Utah Code Annotated, or its successor, shall be granted a fifty percent(50%) annual abatement of the above garbage pickup charges. F. Enterprise Fund: All funds received from such garbage services shall be placed in the Garbage Enterprise Fund and left separate and apart from all other City funds. The collection, accounting and expenditure of all garbage funds shall be in accordance with existing fiscal policy of the City. G. Vacancies: In the event a residence being served is vacant and the owner is trying to sell it, or it is or will be vacant because of an extended vacation of the occupant, the owner may apply to the Public Works Director in writing for termination of garbage service for a specified period. The City container(s) will be picked up and 4 returned pursuant to the owner's request upon payment of a ten dollar($10.00) service fee. If said service fee is paid,no garbage collection fee shall be charged during the period of vacancy. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City,Utah, this 18th day of June , 2002. 7 CHAIRPERSON ATTEST AND COUNTERSIGN: F DEPU Y C RDER APPROVED AS TO FORM Salt Lake City Attorney's Office Date S— 'f—e By 5 Transmitted to the Mayor on June 19, 2002 Mayor's Action: ?(-- Approved Vetoed MAYOR ATTEST AND COUNTERSIGN: CITE• """" EF DEPUT ITY RECORDER =�t`' ' ''��� (SEAL) 's� '; l` `''F Bill No. 28 of 2002 \'4)110RAii$4t, Published: July 1, 2002 G:\Ordinance 02\Amend Section 9.08.030-garbage fee.doc 6