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(Art. 6.1 Added by Ord. No. 157,819, Eff. 7/21/83; Title Amended by Ord. No. 177,478, Eff. 6/4/06.)

Section

66.40  Definition.

66.41  Charge Imposed.

66.42  Customers Liable.

66.43  Billing, Collection and Payment of Charges.

66.44  Additional Powers and Duties.

66.45  Actions to Collect.

66.46  Uncollectible Accounts.

66.47  Refunds and Credits.

66.48  Extra Capacity Refuse Collection Fee.

SEC. 66.40. DEFINITION.

The following words and phrases whenever used in this article shall be construed as defined in this section, unless otherwise defined:

(a) “Dwelling Unit” shall mean one or more rooms which has a kitchen and is designed for residential occupancy.

(b) “Single Family Dwelling” shall mean a building designed for residential occupancy, and containing one or two dwelling units.

(c) “Multiple Dwelling” shall mean any building, structure, unit or location designed for residential occupancy, exclusive of “Single Family Dwelling.”

(d) “Household Refuse” shall mean any combination of rubbish and garbage, as those terms are defined in Article 6 of this chapter, generated at a single family dwelling or a multiple dwelling.

(e) “Customer” shall mean any individual, firm, partnership, joint venture, association, fraternal organization, corporation, estate trust, business trust, receiver, trustee, executor, administrator, syndicate, the United States, any state, any county, city and county, municipality, district or other political subdivision of any state or of the United States, or any other group or combination acting as a unit.

SEC. 66.41. CHARGE IMPOSED.

(a) For all costs related to the collection, transfer, recycling, recovery of waste resources and/or disposal of solid waste collected by the City of Los Angeles including, but not limited to: salaries, direct and indirect overhead, equipment, ancillary equipment, refuse and recycling containers and vehicles, landfill costs, whether for disposal or for resource recovery facilities or refuse to energy and fuel facilities or closure of City owned facilities, development, acquisition, construction, operation and maintenance of equipment, alternative fuel infrastructure, buildings or facilities used in the collection, recycling, recovery of waste resources and/or disposal of solid waste or storage of solid waste related equipment, transfer facilities, resource recovery facilities or transfer equipment, maintenance of transfer facilities or equipment, or for facilities and equipment used in the recovery of waste resources in the form of energy, alternative fuels or manufacturing feedstocks, there is hereby imposed for all related costs of the services provided in the collection, the availability of collection, transfer, recycling, the availability of recycling, the recovery of waste resources, disposal and the availability of disposal of solid waste the following charges for the dwelling classifications listed: (Amended by Ord. No. 177,478, Eff. 6/4/06.)

(1) Single-Family Dwelling. $11.00 per month or any fraction of a month for each single-family dwelling unit, effective through August 31, 2006; $18.00 per month effective September 1, 2006, through June 30, 2007; $22.00 per month effective July 1, 2007, through August 31, 2007; $26.00 per month effective September 1, 2007, through June 30, 2009; and $28.00 per month effective July 1, 2009, until further amended by the City Council. (Amended by Ord. No. 179,034, Eff. 9/20/07.)

(2) Multiple-Family Dwelling. $7.27 per month or any fraction of a month for each dwelling unit within a multiple-family dwelling from which refuse is collected by the City, effective through August 31, 2006; $11.88 per month effective September 1, 2006, through June 30, 2007; $14.52 per month effective July 1, 2007, through August 31, 2007; $17.16 per month effective September 1, 2007 through June 30, 2009; and $18.48 per month effective July 1, 2009, until further amended by the City Council. No charge shall be imposed on any multiple-family dwelling where the City does not collect refuse. (Amended by Ord. No. 179,034, Eff. 9/20/07.)

(b) An exemption shall be provided for any customer who qualifies for a senior citizen exemption, including certain disabled persons, pursuant to, and as more specifically described in, Section 21.1.12 of this Code, and such exemption shall apply as to said customer as to all billings subsequent to such qualification. A further exemption shall be provided for single family dwellings as to which City collection service cannot be provided because of physical limitations restricting access by City collection vehicles. (Amended by Ord. No. 169,333, Eff. 3/4/94.)

(c) (Added by Ord. No. 179,070, Eff. 9/16/07.) For all costs related to the collection, transfer, recycling, and/or disposal of bulky items collected from multi-family apartment dwellings by the City of Los Angeles including, but not limited to, salaries, direct and indirect overhead, equipment and debt, there is hereby imposed a Multi-Family Bulky Item Fee (BIF) for the dwelling classifications listed:

(1) Owners of Separately Metered Apartment Buildings. $0.64 per month or any fraction of a month for each apartment unit, effective October 1, 2007.

(2) Owners of Master-Metered Apartment Buildings. $1.11 per month or any fraction of a month for each apartment unit, effective October 1, 2007.

(3) Apartment Tenants (Residents). $0.64 per month or any fraction of a month for each apartment tenant, effective October 1, 2007.

(4) Low Income Discount, Apartment Tenants (Residents). $0.44 per month or any fraction of a month for certain Low Income Apartment Tenants. Apartment Tenants (Residents) qualifying for DWP Low Income Discounts will be charged the discounted rate, effective October 1, 2007.

(d) An exemption shall be provided for any customer who qualifies for a senior citizen exemption, including certain disabled persons, pursuant to, and as more specifically described in Section 21.1.12 (also known as Lifeline Exemption). (Added by Ord. No. 179,070, Eff. 9/16/07.)

(e) (Added by Ord. No. 179,070, Eff. 9/16/07.) Certain Apartment Complexes may qualify for full or partial exemptions to the fee. The Department of Public Works may grant exemptions or discounts under the following conditions:

(1) There are at least four staff members on site dedicated to trash disposal.

(2) The complex is a self-contained community, located on private streets, with no direct access by tenants to public property.

(3) There is private collection of bulky items at least twice per week.

(4) There is tenant outreach informing residents of the proper way to dispose of bulky items.

(5) There are no recorded bulky item service requests made in or around the complex, adjacent alleys, sidewalks or streets.

(6) Extraordinary circumstances resulting in a substantial number of vacancies for an extended period of time.

(f) (Added by Ord. No. 179,070, Eff. 9/16/07.) The following multi-family apartment complexes are exempt from payment of the Multi-Family BIF:

(1) Park La Brea (4,253 units).

(2) Oakwood Toluca Hills (1,151 units).

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The sanitation equipment charge imposed by this article shall be a joint and several charge against the occupants and the owner of each dwelling unit subject to the charge.

SEC. 66.43. BILLING, COLLECTION AND PAYMENT OF CHARGES.
(Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.)

(a) The collection of the charges imposed under this article shall be under the direction, supervision, and control of the Director of Finance.

(b) The Director of Finance shall arrange for the billing and collection of, and accounting for, the charges imposed under this article through and by available facilities of the Department of Water and Power insofar as possible. The Director of the Office of Administrative and Research Services shall arrange for the payment to the Department of Water and Power of its costs of such services. To the extent the billing and collection by the Department of Water and Power is not deemed possible or practical by the Director of Finance, separate billing and collection services at reasonable intervals shall be provided by the Director of Finance.

(c) The charges imposed under this article shall be billed to and paid by the customer in whose name the electric meter serving each dwelling unit is listed upon the records of the Department of Water and Power, or, in the absence of such listing, as may be determined by the Director of Finance with the assistance of the Department of Public Works.

(d) The duty to collect the charges imposed under this article from each customer billed by the Department of Water and Power shall commence with the first billing submitted by said Department to each customer on or after the operative date of this article or as soon thereafter as administratively possible.

(e) The charges imposed under this article shall be billed by the Department of Water and Power in accordance with its regular billing practices, shall be added to and included on each applicable electric bill, as the case may be, and shall be due and payable to the City of Los Angeles through the Department of Water and Power at the time and in the manner of payment of said electric bill, and other charges made thereon.

(f) Where the Department of Water and Power does not supply electricity to a individual dwelling unit to which the City furnishes household refuse collection services, the customer liable for payment of the charges, as provided for in this article, shall be billed separately by the Director of Finance with the assistance of the Department of Public Works.

(g) All bills for the charges imposed under this article are due and payable upon presentation. Bills not paid within sixty (60) days after the date of presentation shall be deemed delinquent.

(h) Whenever the Director of Finance determines that a customer billed has deliberately withheld, failed or refused to pay all or any part or portion of the charges imposed under this article billed to said customer, or has failed to pay charges, or whenever the Director of Finance deems it to be in the best interest of the City, the Director of Finance shall serve notice on the customer billed of his or her delinquency.

Whenever the Director of Finance determines that a customer billed as provided for in this article has deliberately withheld, failed or refused to pay all or any part or portion of the charges imposed under this article billed to said customer by the Department of Water and Power, or has failed to pay said charges, or whenever the Director of Finance deems it to be in the best interest of the City, the Director of Finance may relieve the Department of Water and Power of any obligation it may have to bill or collect, or both, said charges from said customer billed, and assume the billing or collection, or both, thereof for the periods involved. If the Director of Finance, for whatever reason, assumes from the Department of Water and Power the direct billing or collection, or both, of the charges imposed under this article the Director of Finance may at said time so notify the customer billed and notify the customer of his or her delinquency, if such be the case.

The notice in either event shall be served on the customer billed by handing it to him or her personally, or by deposit in the United States mail, postage prepaid thereon, addressed to the customer billed at the address to which billing was made by the Department of Water and Power, or, if said address has been changed or the customer was not billed by the Department of Water and Power, then to his or her last known address. If the customer billed is delinquent and fails to pay the Director of Finance within fifteen (15) days from the date of service of the notice upon him or her which shall be the date of mailing if service is not accomplished by personal delivery, a penalty of twenty-five percent (25%) of the amount of the delinquent charges imposed under this article, but not less than $5.00, shall thereupon be imposed. The penalty shall be required to be paid in addition to all billings for the sanitation equipment charge.

(i) Whenever a payment mailed to the City is received after the time prescribed in this article for the receipt thereof, the Director of Finance or the Department of Water and Power, as the case may be, may accept proof that there had been a timely deposit thereof in the United States mail and that the no delinquency or penalty is applicable thereto.

SEC. 66.44. ADDITIONAL POWERS AND DUTIES.
(Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.)

(a) The Director of Finance shall have the power and duty, and is hereby directed, to enforce all of the provisions of this article, and may make such rules and regulations as are consistent with the provisions of this article as may be necessary or desirable to aid in the administration and enforcement of the provisions of this article.

(b) For the purpose of determining the number of dwelling units contained in any building the Bureau of Sanitation may estimate the number of dwelling units contained in said building, after full consideration of all information within his or her knowledge.

(c) The Director of Finance, on behalf of and in the name of the City of Los Angeles, may enter into a written agreement, in a form approved by the City Attorney, with any customer indebted to the City pursuant to the terms of this article, obligating said customer to pay such indebtedness to the Director of Finance in monthly or more frequent installments, but in no event over a period greater than one year. In any such agreement such customer shall acknowledge the obligation owed to the City and his or her indebtedness thereon, shall agree that in the event of his or her failure to make timely payment of any installment thereof that the whole amount unpaid may be determined by the Director of Finance to be immediately due and payable, and shall agree to pay all costs and reasonable attorney fees incurred by or on behalf of the City in the collection thereof or for any legal proceeding commenced for that purpose.

(d) Whenever the amount of charges and penalty imposed under this article, or either of them, is determined by the Department of Water and Power or by the Director of Finance to have been overpaid, paid more than once, or to have been erroneously collected or received by the City in whole or in part, the Department of Water and Power or the Director of Finance, as the case may be, may provide for correction thereof either by refund or by credit on future bills in its or his or her discretion. Any claim for such a refund or credit shall be filed with the Director of Finance by the person paying the alleged overpayment within six months of such payment.

(e) Where there is a dispute with respect to the charges or penalty imposed under this article, or both, the Director of Finance, with the written approval of the City Attorney and subject to the provisions of the Charter of the City of Los Angeles, may compromise the City’s claim for said charges or penalty, or both, where the portion of the claim proposed to be released is less than $5,000.00; and, with the approval of the City Attorney and the City Council, may compromise such a claim where the portion proposed to be released is $5,000.00 or more.

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The charges imposed under this article, and any penalty thereon, shall be a civil debt owing to the City of Los Angeles from the occupants or owner, or both, of each dwelling unit receiving City household refuse collection services, or from any other customer billed as provided in this article. Any customer owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for the recovery of such amount, including any penalty imposed under this article.

SEC. 66.46. UNCOLLECTIBLE ACCOUNTS.
(Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.)

If the Director of Finance finds that he or she cannot collect the charges and penalty imposed under this article, or either of them, or that efforts to collect any such amount would be disproportionately costly with relation to the probable outcome of the collection efforts, the Director of Finance may prepare a report setting forth his or her finding and the reasons therefor, and submit it to a Board of Review which shall be composed of the City Controller, the Director of Finance and the City Attorney, or the duly appointed representative of each. The Board of Review may call for additional evidence which it may deem relevant. Upon unanimous approval of a finding by the Board of Review, the Director of Finance may remove from his or her active accounts receivable said unpaid charges and penalty, or either of them. If the Board of Review does not unanimously recommend approval of the finding, the matter shall be returned to the Director of Finance. The Director of Finance may include in a single report his or her findings and supporting reasons regarding the charges and penalty imposed under this article, or either of them, due from more than one customer. The removal from the active accounts receivable of the Director of Finance of any unpaid charges and penalty imposed under this article, or either of them, shall not preclude the City from collecting or attempting to collect any such charges and penalty, or either of them.

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In the event a customer does not own or occupy a dwelling unit for any month for which he or she has paid the charge he or she shall submit evidence to the Department of Public Works in support of a refund and if the Department is satisfied such a refund is warranted it shall so provide it. Any request for such a refund, however, must be within six months of the payment by the customer for which the refund is sought and must be submitted to the Director of Finance (Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.).

SEC. 66.48. EXTRA CAPACITY REFUSE COLLECTION FEE.
(Added by Ord. No. 170,868, Eff. 2/19/96.)

A. DECLARATION OF POLICY. It is hereby declared that in order for the City of Los Angeles to be prepared to respond to the needs of its citizens for adequate solid waste disposal alternatives in the future, it is necessary to recognize that there is currently limited landfill capacity for solid waste disposal within the greater Los Angeles area, that new landfills are difficult to site and permit, and that the State has imposed recycling and waste reduction requirements in order to reduce the total amount of solid waste going to landfill by 25% and 50% by 1995 and 2000, respectively. Therefore, the City must establish a clear policy to provide an incentive for residents to reduce and to recycle the quantity of solid waste they generate. To accomplish this end, the City has developed a standard allowance for collection and management of refuse, yard trimmings, and horse manure which the City deems adequate to meet the requirements of the average dwelling unit as defined in Section 66.40. The City hereby declares that the standard allowance for a parcel with one dwelling unit shall be one 60-gallon black container for refuse and one 90-gallon green container for yard trimmings. The standard allowance for a parcel with more than one dwelling unit is one 60-gallon black container per dwelling unit and one 90-gallon green container for yard trimmings for the parcel. Additional capacity above and beyond this standard allowance may be made available for various fees as described in this Code. (Amended by Ord. No. 174,699, Eff. 8/22/02.)

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1. A $5.00 per month fee will be charged for each 30-gallon increment of extra refuse capacity made available to a dwelling unit by replacing the standard allowance 60-gallon black container with a single larger, 90-gallon black container or issuing additional 30, 60 or 90-gallon black containers.

Residents who qualify for the lifeline requirements as set forth in LAMC Section 21.1.12 shall receive the first 30 gallons of extra refuse capacity at no charge and additional capacity beyond the first 30 gallons at 50 % of the extra refuse capacity fee. High Density Households who qualify under the Department of Water and Power (DWP) water rate program shall receive the first 30 gallons of extra capacity without charge if their household has 7 to 10 residents and shall receive the first 60 gallons of extra capacity without charge if their household has over 11 residents. Additional increments beyond those increments shall be charge at the regular fee.

2. A $5.00 per month fee will be charged for each 30-gallon increment of horse manure capacity requested by a resident for a dwelling unit. The City will issue specially marked 30, 60 or 90 gallon green containers for the limited purpose of horse manure pickup.

3. A $2.50 per month fee will be charged for each 30-gallon increment of extra yard trimmings capacity made available to a dwelling unit by replacing the standard allowance 60-gallon green container with a larger, 90-gallon green container or issuing additional 30, 60, or 90-gallon green containers. However, if a single-family dwelling unit is built on two or more residential lots, the dwelling unit shall be entitled to one additional 60-gallon green container at no extra charge from the City. In the event that a second dwelling unit is built on the site, each dwelling unit shall only be entitled to one 60-gallon green container at no charge and any additional capacity requested by either dwelling unit will be charged as set forth above. Yard trimmings shall be defined as wood waste, brush, grass clippings, plant and tree trimmings, leaves, Christmas trees and other organic material all of which must be free from inorganic material and food waste.

4. The fees described in Subdivisions 1, 2 and 3 of this section will be billed through the DWP bill on the line item generally titled Sanitation Equipment Charge where it will be added to the existing charges found thereon and deposited to the Sanitation Equipment Charge Special Revenue Fund. Larger, or extra containers, will be delivered to a dwelling unit at a resident’s request, and will be recorded through the container serial number to the name of the person appearing on the DWP bill, or their designated agent, for each respective dwelling unit. The fee imposed by this article shall be a joint and several charge against the occupants and the owner of each dwelling unit subject to the charge.  Residents may use this extra capacity once per week on their regular collection day. Failure to use all of the requested extra capacity will not relieve the resident from paying the monthly extra capacity fee. The fees will be collected as described in LAMC Sections 66.43, 66.44, 66.45, 66.46 and 66.47.

C. INTERMITTENT EXTRA CAPACITY. Residents of all dwelling units shall have the ability to purchase the right to have additional refuse, horse manure or yard trimmings collected by the City on a collection day to collection day basis. The resident requiring this additional intermittent capacity shall purchase from the City, at a cost of $2.00 per 30 gallons of additional capacity, a special tag to be placed on the additional materials for collection. The tags must be purchased in advance, in person at various locations throughout the City, or through the mail, and can be utilized only on the regular collection day. Each tag may be used only one time. (Amended by Ord. No. 178,875, Eff. 7/23/07.)

D. IMPLEMENTATION.

1. The Board shall have the power and duty, and is hereby directed to enforce all of the provisions of this article, except as otherwise set forth herein, and shall provide such rules and regulations as are consistent with the provisions of this article and as may be necessary or desirable to aid in the administration, including adjustments and enforcement of the extra capacity charge.

2. The Board or any of its authorized representative may make such inspections or investigations as said Board deems necessary at any reasonable time on any premises or lot for the purpose of determining the number, size, and type of automated collection containers.

E. EFFECTIVE DATE. The fees described in Subsections B and C will become effective starting 30 days after DWP notifies the Office of Finance (Amended by Ord. No. 173,587, Eff. 12/7/00.) that its billing system has been modified to include the Extra Capacity Fees.

F. FEE ADJUSTMENTS. The fees described herein shall be reviewed on a yearly basis to determine if any adjustments need to be made to cover changes in operating cost.

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