§ 8.13.095. Violation-Penalty.

A.

Each franchise hauler shall calculate the amount owed by each nonresidential customer for the bin disposal fee for the franchise hauler's or city's current billing period and shall include that bin disposal fee, in a separate line, or column, on the invoice or statement sent to each nonresidential customer for that billing period. Any franchise hauler's invoice or statement for a bin disposal fee shall become delinquent sixty days after it is due. Persons with delinquent bin disposal fees shall be charged a penalty in the amount of one and one-half percent of the delinquent amount per month.

B.

The director may charge an hourly fee, in the amount set forth in the schedule of gate fees already listed in Section 8.13.085, for services performed by the personnel of the department that are necessary to investigate unlawful dumping, to oversee disposal operations at county waste facilities for health, safety or operational reasons, at the discretion of the director, or to give consultation services as requested. This hourly fee shall be charged in addition to any other applicable county fees including, but not limited to solid waste management program service charges, gate fees, bin disposal fees or permit fees. All fees for services billed at the hourly rate shall be billed within ninety days of the service rendered and are due as of the date of billing and shall be paid within thirty days of the billing date. Any county invoice for hourly fees for services shall become delinquent thirty days after it is due. Persons with delinquent hourly fees shall be charged a penalty in the amount of one and one-half percent of the delinquent amount per month.

C.

It is unlawful for any person to misidentify deliberately or make misrepresentations to a gate attendant regarding the type of wastes contained in a load or the source of origin of the waste in a load brought to any county waste facility for disposal or to conceal from a gate attendant the type of waste contained in a load or the source of origin of the waste in a load brought to a county waste facility for disposal. Any act or violation of the provisions of this subsection shall be an infraction and shall be punished as provided in Section 1.20.010 of the McFarland Municipal Code. The director is responsible for enforcing the provisions of this subsection and may issue a citation to a person committing an act or omission which is in violation of this subsection. In the event that misidentified wastes have been disposed at a county waste facility, the responsible party shall pay the full cost of any required cleanup, remediation or location of the waste, in addition to the full gate fee for the misidentified waste.

D.

It is unlawful for any person to carry out any action which causes damage to a scale located at a county waste facility, including, but not limited to, driving a vehicle with excessive speed onto or over a scale, making sudden starts or stops while on a scale, and pumping the breaks of a vehicle while on a scale. Any act or violation of the provisions of this subsection is an infraction and shall be punished as provided in Section 1.20.010 of the McFarland Municipal Code. The director is responsible for enforcing the provisions of this subsection and may issue a citation to a person committing an act which is in violation of this subsection.

(Ord. 266 §2(part), 1993)