Ordinance No._______________

Board of Supervisors, County of San Mateo,

State of California

* * * * * *

An Ordinance Amending Chapter 4.04 Garbage Collection and Disposal to Add Section 4.04.172 and 4.04.174 and to Amend Sections 4.04.170 and 4.04.180 of the San Mateo County Ordinance Code

The Board of Supervisors of the County of San Mateo, State of California, ordains as follows

SECTION 1. Section 4.04.170 shall be amended to read:

4.04.170 Solid waste collection in County Service Area No. 8-Definitions.

Unless the context otherwise indicates, terms used herein have the following meanings:

(a)

"Board" means the Board of Supervisors of the County.

(b)

"Service Area" means County Service Area No. 8.

(c)

"Solid Waste" means all putrescibile and nonputrescible solid, semisolid, and liquid wastes, as defined in California Public Resources Code Section 40191, as that section may be amended from time to time.

(d)

"Report" means the report referred to in section 25210.77a of the Government Code of the State of California.

(e)

"Service Charges" means fees or other charges for services furnished or offered in connection with the refuse and garbage collection system.

(f)

"Unit of Pickup" (U.P.) means one trash receptacle not exceeding 32 gallons in size located in the rear yard, or two such receptacles when located at curbside or within fifteen feet of roadway pavement.

SECTION 2. Section 4.04.172 shall be added to read:

4.04.172 Removal of Solid Waste from residential property.

The County has established the minimum service levels set forth in Section 4.04.180 for all property in the Service Area that is being used for residential purposes. The County will pay to the company(s) authorized by the Board for collection and removal of solid waste in the Service Area the cost of the minimum service levels set forth in Section 4.04.180 from the Service Charges established by the Board, contained in the Report as set forth in Section 4.04.230 and collected along with the property tax. The owners of property in the Service Area that is being used for residential purposes shall be required to contract with the company(s) authorized by the Board for collection and removal for all service in excess of the service levels set forth in Section 4.04.180 and shall pay therefore the rate or rates set by the Board. Notwithstanding the requirements of this Section, the County Health officer may require greater service levels at specific properties if deemed appropriate or necessary for health or safety reasons. "Being used for residential purposes" shall include vacant residential structures but not include vacant unimproved property. Exceptions to the solid waste collection requirements of this Section may be granted by the County Health officer pursuant to Section 4.04.210.

SECTION 3. Section 4.04.174 shall be added to read:

4.04.174 Removal of solid waste from non-residential property in the Service Area.

The owner of property that is being used in whole or in part for non-residential purposes shall be responsible for the collection and removal of all solid waste from that property and shall be required to contract with the company(s) authorized by the Board for collection and removal and shall pay therefore the rate or rates set by the Board. The Board may establish minimum service levels for non-residential properties. Notwithstanding any minimum service levels the Board may establish, the County Health officer may require greater service levels at specific properties if deemed appropriate or necessary for health or safety reasons. "Being used in whole or in part for non-residential purposes" shall include vacant non-residential structures but not include unimproved property if not actually in use. Exceptions to the solid waste collection requirements of this Section may be granted by the County Health officer pursuant to Section 4.04.210.

SECTION 4. Section 4.04.180 shall be amended to read:

4.04.180 Rates.

Service Charges per Unit of Pickup shall be established by the Board for the Service Area on the basis of the current franchise rates applicable to the Service Area, necessary reserves and overhead costs and in accordance with the following schedule of minimum Units of Pickup:

(a)

Residential (one to four dwelling units per parcel) - 1 U.P. per dwelling unit.

(b)

Apartment House (more than four dwelling units) - 3/4 U.P. per dwelling unit (if not a whole number, rounded up to the next whole number).

(c)

Mixed Residential/Commercial-Industrial - 1 U.P. per residential unit.

SECTION 5. Sections 1 and 4 of this Ordinance shall take effect thirty (30) days following its adoption. Sections 2 and 3 of this Ordinance shall take effect on January 1, 2003.