1996-01200-Ordinance No. 96-001 Recorded 1/11/1996REVIEWED
9C-01200 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section 13.28. 100, * 9-6) . A,
� I I #1 I0. V
Landfill User Fees - Credit Accounts,
Deschutes County Code, and Declaring an
Emergency. TE
ORDINANCE NO. 96-001 0149`0380
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Code Amendment. Section 13.28.100, Landfill user
fees -Credit accounts -Advance and delinquent payments, is amended as set
out in Exhibit 1 attached hereto and incorporated herein, with new
language set out in bold-faced type and language to be deleted set
forth in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
PAGE 1 - ORDINANCE NO. 96-001 (1-10-96)
0149-0381
Section 5. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this 10th day of January, 1996.
ATTEST:
Recording Secretary
OF COUNTY COMMISSIONERS
CHUTE COUNTY, OREGON
, Cha
1<57� lvL&jmf
BARR�Y,�SfAUGHTER, tommissioner
j
RT L. NIPPER, COffiissioner
PAGE 2 - ORDINANCE NO. 96-001 (1-10-96)
9149-0382
13.28.100. Landfill user fees -Credit accounts -[Advance and]
Delinquent payments.
A. Disposal and Landfill User Fees. Except as provided in
subsection B of this section, every person disposing of solid waste
at a disposal site or landfill shall pay all disposal and
landfill user fees imposed by this chapter at the time of disposal.
The county may refuse access to a disposal site or landfill to any
person who does not pay all required fees at the time of disposal.
B. Credit Accounts. The administrator may authorize the
payment of disposal and landfill user fees on a monthly basis
through the establishment of a credit account with the solid waste
[division of the] department [of public works]. The administrator
may establish such a credit account, upon application, only if the
applicant:
1. Is a public body or a business. As used in this section,
"Public body" means the United States, the state, and any city,
county, school district or other political subdivision or municipal
corporation or any instrumentality thereof. "Business" means a
commercial or industrial enterprise in which property, goods and/or
services are manufactured, sold and/or managed;
[2. Has paid disposal and/or landfill user fees during the
previous year averaging a total of at least $50.00 per month for
the months of landfill use, or, if a new landfill customer,
demonstrates to the administrator's satisfaction that the customer
will pay fees averaging a total of $50.00 per month;]
[3]2. Deposits with the administrator[, if requested to do
so,] a refundable security deposit [equal to twice the applicant's
average monthly landfill user fee,] of $500.00 to secure payment of
disposal or landfill user fees. [The administrator may request
that a] A security deposit under this subsection [be submitted by]
will be required of any credit applicant [who previously has been
delinquent in paying disposal or landfill user fees and by any new
landfill customer. However, no security deposit will be requested
if the applicant is] except for a public body or a solid waste
collection franchisee;
[4]3. At the time of application, is not delinquent in
paying disposal or landfill user fees.
C. Billing -Delinquent Payments -Interest. If the
administrator authorizes monthly payment of disposal or landfill
fees pursuant to subsection B of this section, the solid waste
[division] department will bill the landfill customer monthly.
Fees are due and payable to the county solid waste [division]
department on the [30th] 10th day of the month for the preceding
month, and are delinquent on the [15th day of the month following
the billing] following day (11th day of the month). Any landfill
customer who fails to remit the fees due prior to delinquency shall
pay interest at the rate of three-quarters of one percent per
month, or nine percent per year, on the unpaid balance[, with
proration for a fraction of a month].
D. Use of Security Deposit -Cancellation of Credit Account.
If a landfill credit customer becomes delinquent and fails to remit
the landfill fees owed, plus interest, within 10 days of notice of
PAGE 1 - Exhibit 1 to Ordinance 96-001 (1-10-96)
0149-0383
delinquency, the customer shall be denied credit until fees are
paid in full. If the account is not paid within 30 days from the
date of notice of delinquency, the administrator shall direct the
payment of delinquent fees and interest from the security deposit
collected pursuant to subsection B(3) of this section, [shall
direct landfill staff to refuse the customer access to landfills or
disposal sites] and until the customer has paid all delinquent fees
and interest owed, [and shall cancel] the landfill customer's
credit account shall be canceled and company credit cards shall be
rejected. Upon cancellation of a credit account under this
section, or upon closure of the account at the customer's request,
the security deposit given under subsection B(3) of this section
shall be refunded to the customer, less any portion of the security
deposit used to pay delinquent user fees and interest under this
subsection.
E. Collection of Delinquent Fees. Nothing in this section
shall be construed to limit in any way the county's authority to
collect delinquent landfill user fees by any lawful method.
[F. Advance Payment. The administrator may authorize
landfill customers who do not qualify for credit accounts under
subsection B(3) of this section to pay their landfill user fees in
advance, by depositing with the administrator an amount to be
determined by the administrator (but not less than $50.00), from
which the customer's monthly disposal or landfill user fees will
automatically be paid. Landfill customers paying in advance under
this subsection will not be billed, but will be notified by the
administrator when the funds deposited are exhausted, and will be
requested to deposit additional funds when necessary. If the
landfill customer paying in advance under this subsection fails to
deposit sufficient funds to pay the customer's landfill user fees,
or elects to terminate making advance payments, the customer must
commence paying fees at the time of disposal under subsection A of
this section.]
PAGE 2 - Exhibit 1 to Ordinance 96-001 (1-10-96)
