§ 9.10.960. Solid waste enforcement fee.

A.

Each operator of a solid waste facility or any person who conducts solid waste handling shall pay a solid waste enforcement fee as set forth in the schedule of fees established by council resolution.

B.

The solid waste enforcement fee shall be based upon the weight, volume or type of solid waste that is received or handled by any such operator or upon any other appropriate parameter or any combination of the foregoing, commensurate with the cost of the solid waste enforcement program authorized under Division 30 of the California Public Resources Code.

C.

Each operator of a solid waste facility or any person who conducts solid waste handling shall pay the solid waste enforcement fee on or before the last day of the month immediately following the month in which the solid waste was received or handled. Any fee that is not paid on or before the due date shall be deemed delinquent.

D.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay a first penalty of ten percent (10%) of the delinquent fee in addition to the delinquent fee.

E.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before thirty (30) days of its due date shall pay a second penalty of ten percent (10%) of the amount of the delinquent fee in addition to the delinquent fee and the first penalty.

F.

If the director of finance determines that the failure to pay the solid waste enforcement fee on or before its due date is because of an intentional, material misrepresentation or omission, or fraud by the solid waste facility operator or person conducting solid waste handling, the director shall impose an additional penalty in the amount of twenty-five (25%) of the fee.

G.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay interest on the delinquent fee and on any assessed penalty or penalties as set forth in Chapter 1.17 of Title 1.

H.

The director shall waive the first penalty of ten percent (10%) imposed upon any solid waste facility operator or person conducting solid waste handling, if:

1.

The solid waste facility operator or person conducting solid waste handling applies to the director for such a waiver no later than thirty (30) days from the date the fee was due to the city; and

2.

The solid waste facility operator or person conducting solid waste handling has made timely payments for: (a) the five (5) years immediately prior to the date the fee was due to the city; or (b) the two (2) years immediately prior to the date the fee was due to the city if it has operated the solid waste facility or conducted solid waste handling for fewer than five (5) years; and

3.

The solid waste facility operator or person conducting solid waste handling provides evidence satisfactory to the director that:

a.

Payment of the delinquent fee was postmarked or received by the city no more than three (3) days after its due date; or

b.

The solid waste facility operator or person conducting solid waste handling mistakenly made payment to a party other than the city on or prior to the date that payment was due to the city, and paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver; or

c.

Failure to pay timely was due to circumstances beyond the control of the solid waste facility operator or person conducting solid waste handling and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the solid waste facility operator or person conducting solid waste handling paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver.

I.

The waiver provisions specified in Subsection H. shall not apply to interest accrued on the delinquent payments.

(Ords. 24315, 26171, 27863.)