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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.