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Home My WebLink About1642 ORDINANCE NO. 1642 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO CHAPTER 6 OF ARTICLE II THEREOF, A NEW PART 9.4 ENTITLED STREET SWEEPING CHARGES FOR USUAL CUHRENT EXPENSES OF THE CITY OF ARCADIA THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS:. SECTION 1. That the amended by adding to Chapter 9.4 to read as follows: Arcadia Municipal Code is hereby 6 of Article II thereof, a new Part "ARTICLE II CHAPTER 6 PART 9.4 ADMINISTHATION TAXES STREET SWBEPING SERVICE CHARGE 2694. DEFINITIONS. The word "Premises" as used in this Part shall mean a lot, parcel of land, building or establishment. 2694.1, STREET SWEEPING CHAHGE. There is hereby levied and assessed upon each premise located within the City of Arcadia receiving street sweepIng se~vices on the public street contiguous thereto, a charge for service payable as hereinafter provided and in an amount payable to the City of Arcadia determined as follows: For premises swept at a frequency greater than once per week the monthly charge shall be computed by multiplying the number of sweepings per week times the monthly charge specified below for the number of lineal feet of street frontage of the premises. For premises swept once per week the monthly charge shall be determined by the number of lineal feet of street front- age specified below: -1- 1642 Street Frontage Charge 0-25 It. $0.15 26-50 ft. $0.25 51-75 ft. $0.40 76-100 ft. $0.50 101-150 It. $0.75 151-200 ft. $1.00 201-250 It. $1.25 251-300 It. $1.50 Over 300 It. $6.00 per curb mile -lA- 1042 2"694.2. BILLING FOR AND PAYMENT OF MONTHLY STREET SWEEPING CHARGES. (a) All street sweeping charges shall become due and payable to and at the office of the City Treasurer on the same date that the water bill, on which the street sweeping ch~rge is included, becomes due and payable and shall become delinquent on the same date that said water bill becomes delinquent. (b)' All bills for such charges shall be issued by the Water Department. (1) In all cases where the premise in questIon Is eonnectcd to tlHc 1I111J1'i.c:i.pal. watl~r system, .the street sweeping cbarg-es sball be combined with bills or statements for water service rendered by the City system. The bills shall state their purpose (water and street sweeping charge), shall give the name and last known address of the person responsible for pay- ment. (as herein provided), and shall list separately the charge for water service and the charge for street sweeping and the total charge for both services. Neither charge may be paid separately from the other.' (2) If a premise with street sweeping service is not connected wIth the City water system, a separate bill shall be rendered for street sweepIng service only. 2694.3. PERSONS RESPONSIBLE FOR PAYMENT. All monthly street sweeping charges ~hall be billed to the following persons: (a) In the case of any person whose premise is connected with the City water system, then to the person who requested such connection to the City water system or his successor in interest, or to any .person requesting that such bill be charged to him, or -2- 1642 (b). In the case of any person whose premise is not connected to the City water system, then to the owner of record of such premise on the dates the street sweeping service is rendered, or to the successor in interest to such person, or to any person requesting that such bill be charged to him. 2694.4. ENFORCEMENT MEASURES IN CASE OF DELINQUENCY. The Water Manager and City Treasurer are hereby charged with the enforcement of all of the provisions of this Part. .The Chief of Police and all police officers of the City shall be deputies of the Water Manager and the City Treasurer for SUCII purposes. (a) Upon failure of any person billed or the owner of a premise to pay any street sweeping charge prior to delinquence. anyone or more of the following actions may, or where required hereby must, be taken by the City or City officials to enforce such payment. (1) Each street sweeping charge levied by or pursuant to this Part on any premise within the City limit~ of the City is hereby made a lien upon such premise and any steps authorized by law may be taken by the City to enforce payment of such lien. (2) In the event that the owner of premises shall fail to pay any charge herein provided when the same may b~come due, the City shall, in addition to any other remedies it may have, impose a penalty of'lO% on the amount currently due until paid, and an additional 1/2 of 1% per month for nonpayment of the charges and basic penalty. (3) In addition or in the alternative, and at the option of the City, the City may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative -3- 1642 and in addition to the remedy or means of enforcing payment of the sums required to be paid by this Part stated in this secition 2694.4. 2694.5. CHARGES OTHER THAN WITH WATER BILL. If a premise with street sweeping service is not connected ~ith the City water system, a separate bill shall be rendered for street sweeping service only. The time and mannei of billing for services on premises not served with city water shall be as deter- mined by the Water Maniger notwithstanding the foregoing, the Water Manager shall have the power to authorize or require payment to be made on a monthly basis if he is of the opinion that such a procedure is in the best interests of the City." 2694.6. APPLICATION OF FUNDS. The funds received from the collecti6n of the charges authorized by this Part shall be deposited with the City Treasurer and shall be accounted for in the "Street Maintenance l'und" and when appropriated by the City Council shall be available for street sweeping including but not limited to equipment purchase, repair maintenance, supervision, administration, overhead and billing costs necessary fo~ the collection of such charges. 2694.7. STREET MAINTENANCE FUND. There is hereby created a fund known as the "Street Maintenance Fund" .to be administered by the City Treasurer and into which funds collected pursuant to this Part shall be deposited. 2694.8. PURPOSE AND INTENT. It is the purpose and intent of this Part to finance the cost of street sweeping. SECTION 2. Tl1i.s ordj.nance shall be efJecti.ve UpO/l its adoption. SECTION 3. That the City Council of the City of Arcadia hereby finds and determines that this ordinance is required for the purpose of fixing the rate of taxation for the purpose of providing a tax levy for the usual current expenses of the City of Arcadia. -4- 1642 SECTION 4. If any section, subsection, sentence, cl~use, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, su~h decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia_hereby declares that it would have adopted this ordinance and each section, s~bsection, sentence, clause, . phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences~ clauses, phrases or portions berleclared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor I . the repeal hereby of any ordinance shall in any manner affect the prosecution for violationlof ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the proviJions of such ordinance relating to the collection of any such liJense or penalty or the penal pro- I visions applicable to any violation thereof, nor to affect the . I. . validity of any bond or cash deposit in lieu thereof, required , to be posted, filed or deposited pursuant to any ordinance and . I all rights and obligations th~reunder appertaining shall coritinue in full force and effect. ! I SECTION 6. The Clerklof the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the officill newspap~r df the City of Arcadia within fifteen (}5) days afte~ its adoption, I * * * * I I , , I-5- I 1642 i PASSED AND ADOPTED by the Ci.ty Council of the City of adjourned Arc.adia at its regular meetin,g held on the 27th day of June, 1978. SIGNED AND APPROVED this 27th day of June , 1978 I I I I ATTE~: I. ~~ City Clerk I , rcadia I I HEREBY CERTIFY that th~ foregoing ordinance was adopted d. d. I a lJourne., . C' C . 1 f at ~ regular meetlng of the lty ounCl 0 Caiifornia, held on the 27th ~lay of June I affirmative vote of at least three Council members, to wit: the City of Arcadia, , 1978, by the AYES: , I Councilmen Gilb, Margett, Pellegrino, and Saelid. NOES: Councilman Parry ABSENT: None I ~~J 1 V'/Ml, _ I lty lerk.cif !4.e _~i.:t.y of I . Arcadia .~ ,........ . ~ ---.. -, ~ ,- '" , . ...-/. . , -6- 1642