Reso 1994-547RESOLUTION NO. 94 -547
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANI-
TARY DISTRICT ESTABLISHING REF'M AND EMM>TION RULES FOR
CERTAIN .SOLID WASTE COLLECTION ACTIVITIES AUTHORIZED BY ORDI-
NANC'E 4 PASSED AND ADOPTED JUNE 5, 1968 REDUCING TO RESOLiTrION
FORM A LANG- STANDING POLICY OF THE BOARD RELATING THERETO.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY
RESOLVE AS FOIDAWS : That
WHEREAS, the District created a solid waste assessment district in June of
1968 pursuant to Section 5470 et seq., Health and Safety Code; and
WHEREAS, thereafter and at a regular adjourned meeting of the Board on July
18, 1968, the Board adopted a general policy of exemption for certain non -users of
District solid waste collection services; and
WHEREAS, thereafter the Board adopted a general policy regarding refund of
assessments already paid by non - users; and
WHEREAS, these policies have had modifications from 1968 to 1994 and it is
deemed desirable that said policies be produced in resolution form;
NOW, THEREFORE, BE IT RESOLVED:
THAT a base rate is established and a charge made according to the follow-
ing:
1. One single - family resident on a lot is charged the base rate.
2. For more than one living unit on a single assessment lot, the first
unit is charged the base rate and each additional unit thereafter is
also charged the base, rate.
3. In trailer mobile home parks, the charge is the base rate for each
trailer - mobile home space.
4. For apartment complexes, the first unit is charged the base rate and
each additional unit thereafter is also charged the base rate.
THAT claims for exemption shall be presented and processed as follows:
Upon presentation of adequate evidence by the property owner that the
owner has contracted for private solid waste disposal service, the Board
may grant a permanent exemption, effective until revocation.
Such exemption shall not be granted for owners of single - family resi-
dences, duplexes, triplexes, or fourplexes, all of which are being served
by the District's contract solid waste hauler unless extenuating circum-
stances warrant.
Such exemptions may be granted for:
1. Undeveloped parcels.
2. Parcels developed in such a manner that solid waste is not pro-
duced, such as parking lots and parking garages.
3. Parcels developed and used in such manner that the amount of solid
waste and required frequency of collection exceeds that provided
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for by the District, such as apartment houses (four units and
more) , condominiums, cooperatives, planned unit developments,
townhouses or other types of multiple housing.
4. All areas of Newport Beach now or in the future being served by the
City of Newport Beach.-
5. If a project is developed in a manner to preclude curbside ser-
vices.
6. If a project is developed with substandard street widths and lack
of turn- around area which would preclude use of standard solid
waste hauler truck.
7. If a project is developed using trash bin concept with no provision
for individual unit pickup.
8. If a developer /owner/hcreowners' association recognizes that the
District cannot provide service and is willing to accept responsi-
bility for providing solid waste collection service.
9. If a developer /owner/haneowners' association certifies to District
that service has been contracted for.
10. If the Board of the District in its judgment finds that just cause
exists to grant other exemptions notwithstanding the limitations of
this Resolution.
The exemption granted by the Board may be revoked upon finding by the
Board that:
1. Land use has changed resulting in development of the type of hous-
ing served by the District.
2. Cancellation of private solid waste hauler contracts where the
District contractor begins or resumes solid waste pickup of former-
ly exempt properties.
3. Upon a finding of any abuse of exempt privilege by a property owner
enjoying an exemption.
The exemption provided for herein runs with the land and its uses and
will survive the sale of property to subsequent owners who will not be required to
reapply for exemption.
THAT any change of use of any exempt parcel shall be processed in the fol-
lowing manner:
When any exempt parcel experiences a change in use to residential housing
during any taxable year, the assesment provided for herein shall be prorated for
the period of tine in which solid waste collection services are provided to the
newly created residential housing during the time said parcels are not on the tax
roll, said assessment being due and payable immediately by the parcel owner.
THAT any claim for refund of any assessment on an exempt parcel shall be
processed in the following manner:
1. Where Refund'Allowed: Refunds shall be allowed where the District has
made an error in the assessment, for as many years as the error has
occurred up to five (5) years. Property owners must present copies of
tax bill denoting incorrect assessment. Error does not include fail-
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ure of the property owner to file an exemption form. Upon presenta-
tion to the Board of adequate evidence that the property owner would
have been entitled to a refund had the owner )mown of the entitlement
and made the appropriate application to the District, the Board may
refund the current year solid waste assessment.
2. Procedure: Any person or entity requesting a refund must file a
request no later than June 30 of the calendar year. Forms for the
application for refund must be filed with the District at 77 Fair
Drive, Fourth Floor, Costa Mesa, California. Refund forms will be
honored if the claim is valid.
3. Processing of Refunds: The Board of Directors of the Sanitary Dis-
trict meets the second Thursday of each month. Refund requests are
considered at a regular Board meeting and approved or disapproved by
action of the Board. Certain deadlines have been established by the
Board for submittal of materials to Staff for consideration at the
next regular meeting. The processing of claims for refund may be
delayed an additional thirty (30) days if not presented for considera-
tion prior to the established deadlines.
THAT the Board may; in appropriate cases where justice and equity require,
waive by majority vote the application of any of the provisions of this Resolution
including,the requirement that the tax must have been paid "under protest" and any
applicable limitation statute affecting the tine for claim for refund.
PASSED AMID ADOPTED this day of LL- , 1994.
ATTEST:
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sident the Board of Directors
to Mesa Sanitary District
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF COSTA MESA )
I, Florine T. Reichle, Assistant Manager /Clerk of the Costa
Mesa Sanitary District hereby certify that the above and foregoing
Resolution No. —,."V , was duly and regularly passed and adopted
by said Board of Directors at a regular m eting thereof held on the
/2 tC day of fin-. , 19 9' .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Co to Mesa Sanitary District, this /.?tt day of
Assistant M nager /Clerk
Costa Mesa Sanitary District
`gG printed on recycled paper