§ 21-20.4. Charges for Service.

a.

Establishing Charges . The City shall establish rate-setting policies and rate ceilings through City Council resolution or through the franchise agreement. Prior to establishing rate policies or rate ceilings, the City Council shall hold a public hearing.

b.

Payment. Every customer receiving integrated waste collection service for solid waste, and/or recyclable materials, and/or organic materials shall pay the rate for those services established by the franchisee in accordance with city-established policies, whether used in whole or in part. If an occupant of a premises fail to pay, the property owner shall be responsible for payment to the franchisee.

c.

Special Rate Programs .

1.

Low Income Residents and Senior Residents Discount . Franchisee shall provide low income and senior discounts for residents provided that a customer may not obtain both a low income resident and a senior resident discount. Franchisee shall determine that a customer qualifies for the low income discount by obtaining documentation that the customer's household qualifies as a very-low-income household under the Section 8 eligibility guidelines as determined by the federal Housing and Urban Development (HUD) formula. Franchisee shall determine that a customer qualifies for the senior resident discount by verifying that the head of household of the residential premises is sixty-five (65) years of age or older. Senior discount shall not apply to any solid waste container greater than 32 gallons.

2.

Organic Materials Discount . Commencing on the date food waste collection service is first provided to his or her residential premises, but not prior to that time, an owner or occupant of such premises who establishes, to the satisfaction of the franchisee, that a negligible amount of organic materials is produced on his or her premises shall qualify for an organic materials discount. This discount shall be granted only if (i) the residential premises is "hardscaped," that is, has no vegetation acceptable for yard waste collection, or (ii) on-site composting is conducted by occupant on a residential premises such that no organic material acceptable for yard waste collection is generated; or, (iii) yard waste is removed from the premises by a landscaping contractor pursuant to subsection 21-20.3(e) of this chapter.

3.

Solid Waste Discount . Single-family residents who produce twenty (20) gallons or less of solid waste per month may make arrangements with the franchisee for alternative solid waste collection service by applying to the franchisee, in writing, for a solid waste service and rate reduction. Such application shall state the circumstances that justify less frequent service or use of a smaller container than required by this Chapter and by the franchise agreement.

d.

Service Exemptions .

1.

Continuation of Prior Exemptions . With the exception of the Special Rate Programs established in this subsection and those customers who have prior approval for a 10-gallon solid waste container, all service exemptions granted by the City prior to the effective date of the ordinance that enacted this provision shall be terminated.

2.

Recyclable Materials Collection Exemption . Any person who is otherwise subject to the requirements of subsection 21-21(b) shall be exempt from the recyclable materials collection if he or she can establish to the satisfaction of the franchisee, that less than five (5%) percent of the solid waste produced on the premises constitutes recyclable material.

3.

Yard Waste Collection Exemption . Prior to the date on which the franchisee commences food waste collection to a residential premises, the discount authorized by paragraph (c)(3) above shall be unavailable to the owner or occupant of those premises, but any such owner or occupant who is otherwise subject to the requirements of subsection 21-2.1(b) shall be exempt from yard waste materials collection if he or she can establish to the satisfaction of the franchisee that a negligible amount of organic materials is produced by the household for one of the following reasons:

(a)

Organic materials produced during landscape maintenance activities are disposed of at a licensed processing facility by a landscape maintenance provider with a valid City business license, or

(b)

That the residential premises is "hardscaped," that is, has no vegetation acceptable for yard waste collection, or

(c)

On-site composting is conducted by the occupant of a residential premises.

The service exemption authorized by this paragraph (d)(3) shall be unauthorized for any premises to which food waste collection is provided by the franchisee and, once that service is provided citywide, shall be unauthorized for any premises. The discount authorized by paragraph (c)(3) above, however, shall be available to premises for which food waste collection services are available.

4.

Integrated Waste Collection Exemption . A complete exemption from mandatory integrated waste collection shall be granted if the customer demonstrates to the reasonable satisfaction of the Public Works Director that no solid waste, recyclable materials and organic material of any kind is generated on the premises. The occupants of a residential structure may be completely exempted from mandatory integrated waste collection only upon proof that they are regularly self-hauling integrated waste generated on the property to a lawful disposal site, Department of Conservation approved Reclamation Center or transfer station by providing monthly receipts or other evidence satisfactory to the Public Works Director.

5.

Vacancy Exemption . An owner of residential premises may receive a temporary exemption from the requirement to subscribe to and to pay for solid waste, recyclable materials, and organic materials collection services if he or she can demonstrate to the satisfaction of the Public Works Director that the premises are vacant for at least thirty (30) days. Evidence that either water or power was not consumed on the premises shall be sufficient evidence of vacancy.

6.

Service Location Exemption for Disabled Persons . Franchisee shall collect containers from the backyard of a single-family or multi-plex premises occupied by an owner or occupant with a disability within the meaning of the American Disabilities Act at no additional cost.

e.

Application Process .

1.

Filing of Application . A customer may file an application with the franchisee for a special rate or service exemption pursuant to subsections 21-20-4(c) and 21-20-4(d). The occupant must consent to an unscheduled on-site inspection by the City Public Works Department and/or the franchisee of occupant's integrated waste (solid waste, recyclable materials, and organic materials) in order to qualify for any service exemption.

2.

Review of Application . The franchisee shall inspect each applicant's property, and the applicant's integrated waste (solid waste, recyclable materials, and organic materials). Franchise shall complete this review within fifteen (15) business days of receipt of an application.

3.

Notification of Acceptance or Denial of Application . Franchisee shall notify an applicant of the acceptance or denial of his or her application within twenty (20) business days of receipt of that application. Upon approval of a special rate or service exception, the franchisee shall notify the Public Works Director in writing.

4.

Duration of Special Rate or Service Exception or Exemption . Any special rate or service exemption shall be effective for one (1) year from approval, unless service is stopped and new service is started at the premises or the circumstances that justified the special rate or service exception change. The Public Works Director may extend a special rate or service exemption for additional periods of one (1) year without further application upon receipt of certification from Customer that the circumstances justifying the special rate or service exemption have not changed. If those circumstances change, it shall be the responsibility of the owner or occupant to notify franchisee of the changed circumstance and to initiate regular solid waste, recyclable materials, or organic materials collection service in accordance with the provisions of subsection 21-2.1. The Public Works Director or franchisee may review any special rate or service exemption upon receipt of evidence that such special rate or service exemption is no longer justified.

In all cases where an exception is granted, the premises must at all times be kept in a sanitary condition which does not cause a nuisance to others. Upon a determination that the integrated waste service exception should be granted, the collector shall immediately notify the owner and the City Public Works Department in writing. If the circumstances which allowed the exception should change, the owner or occupant shall then initiate regular integrated waste collection in accordance with the provisions of this section. The Public Works Department or the collector may require reauthorization of such exception from time to time. Occupant must consent to on-site inspection of solid waste, recyclable materials and organic materials disposal facilities by the City Public Works Department and/or the collector in order to qualify for the integrated waste service exemption.

5.

Appeals . An applicant may appeal a denial of a special rate or service exemption as described in paragraphs (c) and (d) of this subsection by filing a notice of appeal with the City Clerk not later than ten (10) business days after the applicant was provided written notice of the decision. The notice of appeal shall be in a form prescribed by the Public Works Director and shall state why the applicant believes the denial does not comply with this section. The Public Works Director shall decide the appeal within thirty (30) calendar days of its filing, unless he or she continues that decision for good cause. The Public Works Director shall notify the applicant in writing of his or her decision within three (3) business days.

f.

Violations . Violation of any provision of this section other than by the franchisee, the City or its employees, shall be punishable as an infraction pursuant to subsection 1-5.1 of the Alameda Municipal Code.

(Ord. No. 2886 N.S. § 1; Ord. No. 2928 N.S. § 3)

(Ord. No. 2994 N.S., § 3, 4-21-09)