1. As to single-family residences, the property was erroneously classified (i.e., shown as some other type of use), or the solid waste system is not immediately available for use by the subject property.

2. As to mobile home parks and multifamily residential properties, the total number of units that are available for occupancy during the year (or any portion of the year) has been erroneously calculated.

3. As to all other uses or classes of property, the estimate, based on the information available as of April 1st of the preceding year, of the amount of refuse that is reasonably expected to be generated therefrom during the entire fiscal year (July 1st to June 30th), has been erroneously calculated.

1. Any property owner, business owner or other person or entity responsible for paying for the cost of solid waste disposal may seek an adjustment of solid waste fee as to his or her property, enterprise or activity, on or before December 1st of the fiscal year in which the solid waste fee was imposed, by filing an application for adjustment (which shall constitute an appeal) with the solid waste fee administrator on the form to be provided by the county for that purpose. The application shall be executed under penalty of perjury but shall not require any filing fee, unless a filing fee is otherwise enacted by resolution of the Board of Supervisors. The application shall include information sufficient to identify the property, the type(s) and number of structures, the enterprise or activity and the nature of the use or uses occurring on the property. If the property contains multiple residential units, the applicant shall state the number of units that are or may be located on the property during the year. In addition, for all nonresidential properties for which an application for adjustment is filed, the application shall state the amount of refuse that the property (or business) owner or other person or entity responsible for the solid waste generation and/or disposal reasonably anticipated, based on the information available as of April 1st of the preceding year, to be generated during the ensuing fiscal year, together with a detailed explanation of the method and basis for calculating the projected refuse generation for the property, enterprise or activity and shall include all supporting documentation.

2. Upon receipt of any such application, the solid waste fee administrator shall promptly review same to determine whether the appropriate solid waste fee was imposed in accordance with the provisions of this chapter and any implementing resolutions. The solid waste fee administrator shall be authorized to approve any adjustment upon a determination that the adjustment is in keeping with the provisions of this chapter.

3. The solid waste fee administrator shall also be directed to make adjustments to solid waste fees billed to any property owner, enterprise or person conducting an activity thereon, where it is determined that the owner, enterprise, person or entity has been undercharged for its actual or reasonably estimated use of the county solid waste system upon discovery of facts warranting an adjustment. Any correction of the solid waste fee to increase the solid waste fee shall be made on or before June 30th of the current fiscal year.

4. If the solid waste fee administrator adjusts the solid waste fee for any property, enterprise, or person or entity conducting an activity which generates solid waste, so as to lower or raise the solid waste fee, he/she shall authorize a refund of the amount, which the solid waste fee administrator determines represents the overcharge. Any such refund shall be paid out by the Auditor only (a) upon certification by the solid waste fee administrator that he/she has verified that the full amount of the solid waste fee has previously been paid, or (b) if the solid waste fee has not been paid in full, then upon written request by the property owner or other responsible person, the Auditor shall issue a warrant representing the amount of the refund which shall be made payable to the Tax Collector and which shall be tendered by the Auditor to the Tax Collector only at the time the property owner or other responsible person tenders payment in full of the solid waste fees. Any such certification by the solid waste fee administrator shall identify the property (by Assessor’s parcel number), or other location generating the solid waste, together with the property owner, enterprise or activity (and responsible person), the solid waste fee as imposed, the corrected amount and the amount to be refunded.

5. If the solid waste fee administrator adjusts the solid waste fee so as to raise the solid waste fee, a supplemental bill shall be issued by the solid waste fee administrator for any increase in the solid waste fee.

6. If an application for adjustment is denied by the solid waste fee administrator, the property or business owner or other person or entity responsible for payment of the solid waste fee may, within 60 days of the mailing of written notification of the solid waste fee administrator’s decision, file an appeal with the Board of Supervisors for further review on the application for adjustment. The application for review by the Board of Supervisors shall be on a form to be provided by the County Clerk, as the Clerk of the Board of Supervisors. The appeal shall be accompanied by a written statement of facts fully and fairly describing the basis for the appeal (demonstrating the misapplication of the solid waste fee to the property) and by copies of all relevant documents in support of the appeal. There shall be no charge for the filing of the appeal. The Board of Supervisors shall hear all such appeals, or the Board may establish such other hearing body or officer as it deems appropriate to hear and decide appeals filed under the provisions of this section. All references herein to the Board of Supervisors as the appeal body shall be deemed to mean such other hearing body or officer as the Board may subsequently establish.

7. Upon receipt of an application for review by the Board of Supervisors, the Clerk of the Board shall endeavor to schedule an appeal hearing within 120 days from the receipt of the application. The Clerk shall provide the applicant mailed notice no later than 10 calendar days in advance of the hearing date. A copy of the notice shall be promptly transmitted to the solid waste fee administrator.

8. At the appeal hearing the applicant may be allowed no more than 30 minutes to present his or her evidence concerning the waste generation occurring on the subject real property or from the subject enterprise or activity. The solid waste fee administrator shall have a representative present to provide a statement of the reasons for the solid waste fee administrator’s decision regarding the adjustment request. Based upon the information submitted with the appeal application and received at the hearing, the Board shall determine the reasonable estimate of the refuse generation therefrom in order to impose the appropriate solid waste fees in accordance with the provisions of this chapter and the latest adopted resolution imposing solid waste fees (solid waste fees) for the present fiscal year.

9. The Board shall announce its decision at the conclusion of the hearing or within 21 days thereafter. If the Board does not orally announce its decision at the conclusion of the hearing, upon its subsequent announcement it shall direct the County Clerk to promptly mail written notice of the Board’s decision to the applicant. If the Board orally announces its decision at the conclusion of the hearing, the Clerk will not be required to provide the applicant with written notification of the Board’s decision.

If the Board adjusts the solid waste fee for any property, enterprise, or person or entity conducting an activity which generates solid waste, so as to lower or raise the solid waste fee, the Board shall authorize a change in the amount of the solid waste fee. If the Board adjusts the solid waste fee so as to lower the fee, the Board shall authorize a refund of the amount that the Board determines represents the overcharge. No refund shall be made until the solid waste fee is paid in full. Any such refund shall be paid out by the Auditor only upon certification by the solid waste fee administrator that the full amount of the solid waste fee has been paid. The certification shall also identify the property (by Assessor’s parcel number) or the location generating the solid waste, together with the property owner, enterprise or activity (and responsible person), the solid waste fee as imposed, the correct amount of the fee and the amount to be refunded. Upon certification, the Auditor shall issue a warrant representing the amount of the refund.

If the Board adjusts the solid waste fee so as to raise the solid waste fee, a separate bill shall be issued by the solid waste fee administrator for any increase in the solid waste fee. (This shall be a separate bill and shall not be a supplemental property tax bill.)

10. Any suit to attack, set aside, void or annul any decision of the Board of Supervisors regarding the classification, use, size of buildings or actual refuse generation of property for the purpose of solid waste fees shall be filed in the Sierra County Superior Court within 30 days of the Board’s oral pronouncement of its decision or, if no oral decision is rendered at the hearing, within 30 days of the date of the mailing of the notification of the Board’s decision. Any such suit shall be brought pursuant to the provisions of Cal. Civ. Proc. Code § 1094.5. (Ord. 1022, eff. 7/15/10; Ord. 958, eff. 6/16/04; Ord. 937, eff. 12/15/02; Ord. 934, eff. 6/21/02)