ORD 019 ORDINANCE NO. 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ADDING SECTION
6.04,025 TO THE LA QUINTA MUNICIPAL CODE,
REQUIRING OWNERS AND OCCUPIERS OF DEVELOPED
REAL PROPERTY TO SUBSCRIBE FOR REFUSE
COLLECTION SERVICE.
The city council of the City of La Quinta, California, does
ordain as follows:
SECTION 1. A new section, to be numbered 6.04,025 hereby is
added to the La Quinta Municipal Code, to read as follows:
6.04,025 Refuse collection service--Mandatory.
(a) Every person who owns, and every person who occupies, any
developed real property within the city, whether at a residen-
tial location or otherwise, shall make or cause to be made,
with a garbage or rubbish collector holding a permit to engage
in such business pursuant to this chapter, appropriate arrange-
ments for regular refuse collection services, and it is unlawful
for any such person to fail, refuse or neglect to do so. An
occupant of property shall be deemed to have complied with this
subsection if the owner of the property has caused to be made
such appropriate arrangements for collection of refuse upon all
portions of the property occupied by said occupant. An owner
of property shall be deemed to have complied with this subsection
if an occupant or occupants has or have caused to be made such
appropriate arrangements for collection of all refuse upon all
portions of said property.
(b) It is further unlawful, and a public nuisance, for any
person to occupy or inhabit any property within the city for
which appropriate arrangements have not been made and kept in
full force and effect for regular refuse collection services,
in compliance with subsection (a) of this section.
(c) Whenever the city manager shall determine that any
person having a duty, pursuant to subsection (a) of this
section, to make or cause to be made arrangements for regular
refuse collection services, has failed, refused or neglected
to do so, then in such case the city manager shall be author-
ized to do so for and on behalf of such person, and thereafter
such person shall be liable for payment of the appropriate
service fees and charges therefor to the same extent and at
the same times, irrespective of whether such person has or
has not made the appropriate arrangements for collection
services in compliance with subsection (a) of this section.
Whenever the fees or charges for such services have not been
paid when due, all of the persons mentioned in subsection (a)
shall be jointly and severally liable for payment thereof
(together with any applicable penalties and interest)
irrespective of which person may have made any existing
arrangements for collection services, provided that an occu-
pant of only a portion of a parcel of real property or
premises shall be deemed liable only for the fees or charges,
or portion thereof, attributable to collection services for
refuse produced or to be produced or accumulated or to be
accumulated by said occupant, and also upon all portions
of the property occupied by said occupant.
(d) Persons owning premises which have been unoccupied
by any human habitation and upon which no refuse has been
produced or accumulated (other than landscape debris such
as clippings, branches, leaves and the like, which has been
promptly removed by personnel doing gardening work on the
premises), for twelve consecutive months or more, shall be
exempted thereafter from having to comply with subsection (a)
of this section for as long as the premises remain so unoccupied
without refuse being produced or accumulating as stated.
Disputes as to whether particular owners are entitled to such
exemption shall be determined and resolved by the city manager
or his designee upon investigation of the facts involved and
hearing the contentions of any owner claiming the right of
exemption provided for in this subsection.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty (30) days after passage, and shall be
operative on December 16, 1982.
SECTION 3. POSTING. The City Clerk shall, within 15 days
after the passage of this ordinance, cause it to be posted in at
least the 3 public places designated by resolution of the City
Council; shall certify to the adoption and posting of this
ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of
ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting
of the City Council held this 16th day of November , 1982,
by the following vote:
AYES: Council Members Alle, Baier, Cox, Henderson and Mayor Wolff.
NOES: None.
ABSENT: None.
MAYOR
ATTEST:
Y RK
TORNEY
I hereby certify that the foregoing ordinance was adopted
by the City Council of the City of La Quinta, California, at a
meeting held November 16, 1982, and that the Ordinance was posted
in at least the three public places specified for such postings
by the City Council.