A. Pursuant to the provisions of Section 6 of Article XIII D of the California Constitution, Cal. Gov’t. Code § 25830 and/or Cal. Health & Safety Code §§ 5470 et seq., the Board of Supervisors is authorized to establish a schedule of fees for solid waste services provided by the county to the residents, businesses, property owners and any others that may benefit from the use of the county solid waste disposal system or the immediate availability of such system for use by their properties. Revenue from the fees may be used only for the acquisition, operation, and maintenance of county waste disposal sites and disposal services. The Board is hereby authorized to establish such schedule of fees annually and may do so by enactment of either a resolution or an ordinance. It is the intent of this chapter to authorize the continued use of the solid waste fees, and to authorize and direct that the actual schedule of fees for each year be established annually by the Board of Supervisors by the adoption of a resolution of the Board, based on the most recent waste generation information obtained by the county that fairly reflects the anticipated waste generation arising from each parcel, enterprise or activity.

B. Annually, on or before the first day of July of each calendar year, the Board of Supervisors may elect to continue or to adjust the fees for solid waste disposal based upon the refuse generation factors as established in a resolution to be adopted by the Board of Supervisors. Solid waste fees shall be imposed on the owners of property for the estimated use of the solid waste system by the property or the immediate availability of the solid waste system for use by the property. As used herein “immediate availability” or “immediately available” shall mean that the property is developed with a structure or otherwise used, the customary nature of which is that the use of the structure or the customary use of the property would normally generate solid waste or create a need to dispose of solid waste from the property and as to which the county solid waste system is available to the property owner for his or her use. The election of a property owner not to use his or her real property for any period of time does not negate the fact that the county solid waste system is available for the property owner’s use. (Immediate availability shall be interpreted consistent with the court ruling in Paland v. Brooktrails Township Community Services Dist. Bd. of Directors, 176 Cal.App.4th 158.) In the event that the Board does not adjust the solid waste fees from the preceding year, the fees shall be deemed to remain at the level (amount) set forth in the preceding year.

C. In each fiscal year all real property, enterprises, entities or persons within the county that use the county solid waste system and all real property, which the county reasonably determines is developed or otherwise used in a manner, the nature of which development, structure or use would typically be expected to generate solid waste from the property and as to which the solid waste system is immediately available to the property to accept any waste or refuse generated therefrom, shall pay a solid waste fee based upon the volume of refuse generation from the property or estimated to or reasonably occur from the property based on the nature of the permitted use of the property, which generation factors shall be established in the most recently adopted resolution of the Board of Supervisors.

D. The fees may be billed and collected on a monthly or yearly basis. Alternatively, the fees may be billed and collected by the County Tax Collector as part of the regular county tax billing system at the same time and in the same manner as provided for real property taxes and shall incur the same penalties and interest thereon as provided for property taxes, and delinquencies may be enforced and collected in the same manner as for property taxes. (Ord. 1048, eff. 10/19/13; Ord. 1022, eff. 7/15/10; Ord. 934, eff. 6/21/02; Ord. 918, eff. 6/30/01; Ord. 908, eff. 8/4/00)