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Title:
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Adoption of an Ordinance Amending Section 5.01.080 of the Culver City Municipal Code (CCMC) to Delegate Certain Authority for the Approval of Waivers of Late Charges for Delinquent Refuse Accounts.
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City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance amending Section
5.01.080 of the Culver City Municipal Code to delegate certain authority for the
approval of waivers of late charges for delinquent refuse accounts.
BACKGROUND/DISCUSSION:
At the City Council meeting of February 7, 2011, the City Council introduced the
proposed Ordinanceby a unanimous vote (5-0). The proposed Ordinance is
brought back for adoption.
FISCAL ANALYSIS:
Approval of this item could result in occasional and immaterial waivers of late
charges in the future. This would only affect the Refuse Fund.
ATTACHMENTS:
Proposed Ordinance
MOTION:
That the City Council:
Adopt the proposed Ordinance amending Section 5.01.080 of the Culver City
Municipal Code to delegate certain authority for the approval of waivers of
late charges for delinquent refuse accounts.
Meeting Date: 02/14/11 Item Number: C-2
AGENDA ITEM: Adoption of an OrdinanceAmending Section 5.01.080 of the
Culver City Municipal Code (CCMC) to Delegate Certain Authority for the
Approval of Waivers of Late Charges for Delinquent Refuse Accounts.
Contact Person/Dept.: Jeff Muir, Chief
Financial Officer
Phone Number: 310-253-5865
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:Meetings and Agendas – City Council (02/09/11)
Department Approval:
Jeff Muir (02/09/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/09/11)
Chief Financial Officer Approval:
Jeff Muir (02/09/11)
City Manager Approval:
John Nachbar (02/09/11)
1. Proposed Ordinance
Pages
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MEETING DATE: 02114/10
AGENDA ITEM: Adoption of an Ordinance Amending Section 5.01.080 of
the Culver City Municipal Code (CCMC) to Delegate
Certain Authority for the Approval of Waivers of Late
Charges for Delinquent Refuse Accounts.
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ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 5.01.080 OF THE
CULVER CITY MUNICIPAL CODE TO AUTHORIZE
CERTAIN CITY STAFF TO WAIVE REFUSE LATE
CHARGES UNDER CERTAIN CIRCUMSTANCES.
The City Council of the City of Culver City, California, DOES HEREBY
ORDAIN as follows:
SECTION 1. Section 5.01.080 of the Culver City Municipal Code is hereby
amended to read as follows:
§ 5.01.080 DELINQUENT ACCOUNT.
A. Late Charge. If payment is not received in the office of the City
Treasurer on or before the due date established in § 5.01.075, the
account shall be considered delinquent and a late charge of fifty
percent (50%) shall be added to the face amount of the bill prepared
during the month the account became delinquent.
B. Request for Waiver.
1. The City Manager shall create written policies and procedures
for considering and approving a request for waiver of late
charges.
2. The City Manager, or his/her designee, has the authority to
approve a request for waiver of late charges in amounts up to
Two Hundred Fifty Dollars ($250).
3. The City Manager, or his/her designee, in consultation with the
Chief Financial Officer and the Public Works Directors, has the
authority to approve a request for waiver of late charges in
amounts greater than Two Hundred Fifty Dollars ($250) but less
than Five Thousand Dollars ($5,000).
4. Any request for waiver of late charges in amounts of Five
Thousand Dollars ($5,000) or greater may only be approved by
the City Council. The City Council's determination regarding
such request shall be final.
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5. The City Manager's denial of a request for waiver may be
appealed to the City Council. Appeals shall be submitted in
writing and filed with the City Clerk within fifteen (15) days of the
denial of such request.
C. Penalties. Delinquent accounts, including late charges, shall be
recoverable by civil action of the City. Willful failure to pay a delinquent
account shall be deemed a violation of this Code and be punishable as
a misdemeanor.
D. Suspension of Service. In addition to the penalties and remedies
established in this Section, the City Agent may suspend service to an
account which has been delinquent for longer than sixty (60) days,
provided not less than thirty (30) days written notice of the suspension
has been given to the account holder at the service address and full
payment has not been received. Solid waste collection services may be
reinstated upon full payment of the delinquent account.
SECTION 2. Pursuant to Section 619 of the Culver City City Charter, this
ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and
621 of the Culver City City Charter, prior to the expiration of fifteen (15) days after the
adoption, the City Clerk shall cause this ordinance, or a summary thereof, to be published
in the Culver City News and shall post this ordinance or a summary thereof in at least three
(3) places within the City.
SECTION 3. The Culver City City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, phrase or word of this ordinance be
rendered or declared invalid or unconstitutional by any final action in a court of competent
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jurisdiction or by reason of any preemptive legislation, the Culver City City Council would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, phrases or words of this ordinance and as such they shall remain in full force
and effect.
APPROVED and ADOPTED this day of 2011.
CHRISTOPHER ARMENIA, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAR L A. SCHWAB, City Attorney
Al 1-00035
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