[Ord. #04-01, § 1]
BULKY ITEMS
Shall mean large discarded items including, but not limited
to, major appliances, furniture, unmounted tires, carpets, mattresses,
and other oversize materials whose large size precludes or complicates
their handling by normal collection, processing, or disposal methods,
but can be collected without the assistance of special loading equipment
(such as forklifts or cranes) and without violating collection vehicle
legal load limits. Bulky items do not include abandoned automobiles,
large auto parts, or trees.
COMMERCIAL
Shall mean of, from or pertaining to nonresidential premises
where business activity is conducted, including, but not limited to,
retail sales, services, wholesale operations, manufacturing and industrial
operations, but excluding businesses conducted upon residential property
which are permitted under applicable zoning regulations and are not
the primary use of the property.
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
Shall mean and include discarded building materials, packaging,
and rubble resulting from construction, remodeling, repair or demolition
operations on any pavements, houses, commercial buildings, or other
structures. Construction refers to SIC Codes 1521 through 1794, 1796,
and 1799. Demolition refers to SIC Code 1795.
DEBRIS BOX
Means an open top container with a capacity of six (6) to
fifty (50) cubic yards that is serviced by a roll-off collection vehicle.
DESIGNATED WASTE
Shall mean nonhazardous waste which may pose special disposal
problems because of its potential to contaminate the environment and
which may be disposed of only in Class II Disposal Sites or Class
III Disposal Sites pursuant to a variance issued by the California
Department of Health Services. Designated waste consists of those
substances classified as designated waste by the State of California,
in
California Code of Regulations Title 23, Section 2522.
DISCARDED MATERIALS
Shall mean solid waste, recyclable materials, organic materials,
or construction and demolition debris placed by a generator in a receptacle
and/or at a location that is designated for collection pursuant to
the City's Municipal Code.
E-SCRAP ITEM
Shall mean discarded electronic equipment including, but
not limited to, television sets, computer monitors, cathode ray tubes
(CRTs), central processing units (CPUs), laptop computers, external
computer hard drives, computer keyboards, computer mice, computer
printers, DVDs, and VCRs.
FOOD SCRAPS
Shall mean food scraps such as those discarded organic materials
that will decompose and/or putrefy including: (i) all kitchen and
table food waste, and animal or vegetable waste that attends or results
from the storage, preparation, cooking or handling of food stuffs,
and (ii) paper waster contaminated with food (such as, but not limited
to, paper plates, napkins, pizza boxes, and paper towels contaminated
with food). Food scraps are a subset of organic materials.
HAZARDOUS SUBSTANCE
Shall mean any of the following: (a) any substances defined,
regulated or listed (directly or by reference) as "hazardous substances",
"hazardous materials", "hazardous wastes", "toxic waste", "pollutant",
or "toxic substances" or similarly identified as hazardous to human
health or the environment, in or pursuant to (i) the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, 42 U.S.C. § 9601 et seq. (CERCLA); (ii) the Hazardous
Materials Transportation Act, 49 U.S.C. § 1802 et seq; (iii)
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq; (iv) the Clean Water Act, 33 U.S.C. § 1251 et seq;
(v) California
Health and Safety Code §§ 25115-25117,
25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 U.S.C. § 7901
et seq; and (vii) California
Water Code § 13050; (b) any
amendments, rules or regulations promulgated thereunder to such enumerated
statutes or acts currently existing or hereafter enacted; and (c)
any other hazardous or toxic substance, material, chemical, waste,
or pollutant identified as hazardous or toxic or regulated under any
other applicable law currently existing or hereinafter enacted, including,
without limitation, friable asbestos, polychlorinated biphenyls ("PCBs"),
petroleum, natural gas and synthetic fuel products, and by-products.
HAZARDOUS WASTE
Shall mean all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State of California
in
Health and Safety Code § 25110.02, § 25115,
and § 25117 or in the future amendments to or recodifications
of such statutes or identified and listed as hazardous waste by the
U.S. Environmental Protection Agency (EPA), pursuant to the Federal
Resource Conservation and Recovery Act (42 U.S.C. § 6901
et seq.), all future amendments thereto, and all rules and regulations
promulgated thereunder.
INFECTIOUS WASTE
Shall mean biomedical waste generated at hospitals, public
or private medical clinics, dental offices, research laboratories,
pharmaceutical industries, blood banks, mortuaries, veterinary facilities
and other similar establishments that are identified in Health and
Safety Code Section 25117.5.
MULTI-FAMILY
Shall mean any residential premises, other than a single-family
premises, with three (3) or more units used for residential purposes
irrespective of whether residence therein is transient, temporary,
or permanent. Multi-family premises include triplexes, condominiums,
townhouse complexes, mobile home parks, and cooperative apartments
with three (3) or more units, which receive centralized collection
service for all units on the premises which are billed to one (1)
customer at one (1) address or individual collection service in which
each unit is billed as a separate customer. If multi-family premises
are collocated with or attached to commercial premises, multi-family
premises shall receive the recyclable materials collection services
described for multi-family premises.
ORGANIC MATERIALS
Shall mean those discarded materials that will decompose
and/or putrefy and that the City's Municipal Code permits, directs,
and/or requires generators to separate from solid waste and recyclable
materials for collection in specially designated containers for organic
materials collection. Organic materials include yard trimmings and
food scrap such as, but not limited to, green trimmings, grass, weeds,
leaves, prunings, branches, dead plants, brush, tree trimmings, dead
trees, small wood pieces, other types of organic yard waste, vegetable
waste, fruit waste, grain waste, dairy waste, meat waste, fish waste,
paper contaminated with food scrap, pieces of unpainted and untreated
wood, and pieces of unpainted and untreated wallboard. No discarded
material shall be considered to be organic materials, however, unless
such material is separated from solid waste and recyclable material.
PERSON
Shall mean any individual, natural person, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations or unincorporated groups, or any officers, agents, employees,
servants, factors or any kind of personal representatives of any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
RECYCLABLE MATERIALS
Shall mean those discarded materials that the City Code permits,
directs and/or requires generators to set out in a recyclable materials
container for collection for the purpose of recycling. No discarded
materials shall be considered recyclable materials unless such material
is separated from solid waste and organic materials. Recyclable materials
shall include, but not be limited to: newspaper (including inserts,
coupons, and store advertisements); mixed paper (including office
paper, computer paper, magazines, junk mail, catalogs, brown paper
bags, brown paper, paperboard, paper egg cartons, telephone books,
grocery bags, colored paper, construction paper, envelopes, legal
pad backings, shoe boxes, cereal and other similar food boxes); chipboard;
corrugated cardboard; paper milk cartons; glass containers of any
color (including brown, clear, and green glass bottles and jars);
aluminum (including beverage containers, foil, food containers, small
pieces of scrap metal); small pieces of scrap metal weighing less
than ten (10) pounds and fitting into the recyclable materials collection
container; steel, tin or bimetal cans; plastic containers (no. 1 to
7); and aseptic beverage boxes.
REFUSE
Shall mean all material intended for disposal, including
all putrescible and nonputrescible wastes, except hazardous and infectious
waste.
RESIDENTIAL
Shall mean of, from, or pertaining to a single-family premises
or multi-family premises.
SALVAGEABLE MATERIAL
Shall mean those discarded materials that may be reused in
their existing form or may be reused after some form of processing
including, but not limited to, organic materials and recyclable materials.
SOLID WASTE
Shall mean solid waste as defined in California
Public Resources Code, Division 30, Part 1, Chapter
2, § 40191 and regulations promulgated thereunder that the City Code requires generators within the City to set out for collection. Excluded from the definition of solid waste are construction and demolition debris, hazardous waste, infectious waste, designated waste, source separated recyclable materials, source separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, "solid waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California
Public Resources Code. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container.
YARD TRIMMINGS
Shall mean those discarded materials that will decompose
and/or putrefy, including but not limited to, green trimmings, grass,
weeds, leaves, prunings, branches, dead plants, brush, tree trimmings,
dead trees, small pieces of unpainted and untreated wood, and other
types of organic waste. Yard trimmings are a subset of organic materials.
Yard trimmings shall be placed in the organic materials container
for collection and shall not exceed six (6) inches in diameter and
five (5) feet in length.
[Ord. #04-01, § 1; Ord. #2013-02, § 1]
a. Every person who uses the collection services of the City's franchisee
shall pay a fee for the services, as established in a resolution adopted
by the City Council pursuant to the franchise agreement.
b. The City's franchisee shall bill customers directly for service.
c. The City's franchisee shall reconcile payments by customers against
amounts billed to verify any delinquency in payment by customers.
d. If a customer fails to pay a bill in full within ninety (90) days
from the due date, the franchisee shall undertake collection of the
bill. The franchisee shall provide delinquency notices to customers
but may not discontinue service to their properties. Franchisee shall
make reasonable efforts to obtain payment through such measures as
late payment notices, telephone requests for payment, and assistance
from collection agencies.
e. If a residential bill for a single-family account remains unpaid
after ninety (90) days from the original due date, the franchisee
shall send a 90-day notice. The 90-day notice shall include a notice
informing the owner of the delinquent status of the charges, of the
potential for assessment upon the property tax roll and of the imposition
of administrative charges in connection with such assessment.
f. The delinquent charges which remain unpaid by the residential customer
shall constitute an assessment against the property to which service
was rendered and shall be collected at such time as established by
the County Assessor for inclusion in the next property tax assessment.
The City may enforce payment of such delinquent charges in the following
manner:
1. Upon receipt of verified information from the franchisee detailing
delinquent charges and establishing that franchisee has made reasonable
efforts to collect the delinquent charges, including provision of
delinquent charge notices to the property owners, the Finance Director
shall transmit to the City Council a report of delinquent charges.
Once said report has been confirmed, the delinquent charges and the
added costs shall be assessed upon the property and shall constitute
a special assessment against the same.
2. The Finance Director shall turn over to the County Assessor for inclusion
in the next property tax assessment the total sum of unpaid delinquent
charges consisting of the delinquent garbage collection service charges
and administrative charges.
3. The assessment may be collected at the same time and in the manner
as ordinary municipal taxes are collected and shall be subject to
the same penalties and the same procedure of sale as provided for
delinquent, ordinary, municipal taxes. The assessment shall be subordinate
to all existing liens previously imposed upon the property and paramount
to all other liens except for those of State, County and municipal
taxes with which it shall be upon parity. The lien shall continue
until the assessment and all interest and charges due and payable
thereon are paid. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to the special
assessments.
g. Any notice required to be given pursuant to this subsection shall
be deemed served as of the date of personal service upon the owner
or five (5) days after deposit of said notice, postage prepaid in
the United States Mail addressed to the owner at the address listed
on the most recent County Assessor's tax roll.
[Ord. # 04-01, § 1]
A person awarded an exclusive franchise or contract by the City
for collection of solid waste, recyclables, and organic materials
shall provide, at a minimum, the following services to customers and
the City:
a. Provide all single-family residential property or "cart-served" multi-family
properties in the City with regular collection of solid waste, recyclables
and organic materials. The franchisee shall provide the owner, occupant,
or manager of residential property with containers in which to discard
such materials.
b. Provide all multi-family residential property in the City with regular
collection of solid waste and recyclables. Collection of organic materials
shall be provided upon request at an additional charge as agreed to
in the rates adopted by City Council.
c. Provide all commercial establishments in the City with regular collection
of solid waste and recyclables. The containers that commercial establishments
use for discarding such materials and the locations at which such
establishments place the containers shall both be agreeable to the
City's franchisee or contractor. Collection of organic materials shall
be provided upon request at an additional charge as agreed to in the
rates adopted by City Council.
d. Provide debris box collection services on an on-call basis.
e. Provide all additional related services as enumerated in the Franchise
Agreement adopted by City Council. The franchisee shall in good faith
fulfill all of the obligations set forth in the Franchise Agreement.
f. Franchisee and each permittee shall maintain all of its properties,
facilities, and equipment used in providing service under this chapter
in a safe, neat, clean and operable condition at all times. All collection
operations shall be conducted as quietly as possible and shall conform
to applicable Federal, State, County and City noise level regulations.
g. Franchisee shall be responsible for repair and maintenance of all
its containers so that such containers are functional. The containers
shall not leak or have ill-fitting tops.
h. Franchisee shall be responsible for the prompt and courteous attention
to, and prompt and reasonable resolution of, all complaints.
[Ord. # 04-01, § 1; Ord. # 2013-02. § 2]
a. Failure to Subscribe Presumed to Create Nuisance. If any person shall
fail to subscribe for collection and disposal services of garbage
as required by this section, it shall be presumed that a nuisance
exists upon the premises which have not been provided with such collection
and disposal service.
b. Notice of Required Collection. If the City finds that any person
has failed to subscribe for the collection and disposal of garbage
as required by this section, it shall serve written notice upon the
person, informing the person of the requirements of this section and
that because of the failure to comply with such requirements, a nuisance
is presumed to exist upon the premises owned, managed or controlled
by such person which have not been provided with such collection and
disposal service. The notice shall direct the person to subscribe
with the contractor for the collection and disposal of garbage within
ten (10) days after service of the notice.
The notice shall further state that if the person shall fail
to comply with its directions within the ten-day period, the City
will abate the nuisance existing upon the premises by ordering the
contractor to provide collection and disposal services for the premises,
and that the charges of the contractor therefor, together with the
administrative costs incurred by the City in the abatement of the
nuisance, will be assessed and become a lien against the real property
upon which the premises serviced are located.
The notice specified herein shall be deemed served when it is
deposited in the United States Post Office at Albany, California,
with postage prepaid and addressed to the person entitled to notice
at his last known place of address as shown on the assessment roll
of the County, and if no such address is there shown or known, then
to General Delivery, Albany, California. On the date and at the same
time as a notice is mailed pursuant to this subsection, a copy of
such notice shall be mailed to the contractor.
If the notice specified herein is required to be served upon
any person other than the owner of record of any leased or rented
premises, a copy of the notice shall, at the same time and in the
same manner, be served upon the owner of record of such leased or
rented premises.
c. Exemption if Premises Unoccupied. The City Administrator may exempt
from the requirements of this subsection any person who shows, and
only so long as such person can continue to show, that the premises
are unoccupied.
d. Abatement of Nuisance. If the City finds that any person upon whom
notice was served pursuant to paragraph c of this subsection has failed
within the time specified therein to subscribe for the collection
and disposal of garbage, the City is authorized to order the City's
designated solid waste collector to provide such collection and disposal
services and to remove any accumulated garbage. The contractor shall,
during the period it provides services ordered by the City, charge
the City therefor at the applicable rate specified in the contract
with the City, and may charge the City any additional amount which
may be necessary for the removal and disposal of accumulated garbage
found upon the premises at the time service is ordered by the City.
The City shall become liable to pay such charges only when they have,
pursuant to paragraph f of this subsection, become a lien upon the
real property upon which the premises are located.
e. Lien for Charges and Cost of Abatement. The City shall, with respect
to each parcel of real property provided with the collection and disposal
of garbage pursuant to its order, keep an account of the charges presented
to the City therefor by the contractor, together with the administrative
costs incurred by the City in the abatement of the nuisance pursuant
to this subsection. The City shall present the accumulated charges
and administrative costs to the City Council in a proposed resolution.
Such resolution shall be filed with the City Clerk for adoption by
the City Council. Such charges and costs shall, pursuant to such resolution,
be assessed and become a lien against the real property served pursuant
to the City's order; provided, however, that such charges and costs
may be paid at any time before they become a lien as herein provided.
f. Removal by Persons Owning, Managing or Controlling Property. No provision
in this subsection shall be construed to prevent any persons from
removing materials from premises owned, managed or controlled by them,
for the purposes of disposal, recycling, or composting such materials.
Such removal shall not constitute an exemption from the requirements
of this section.
g. Accessibility and Location of Garbage Cans. Garbage containers shall
be easily accessible to the garbage collector. Garbage cans shall
not be kept within the public right-of-way except on collection day.
[Added 12-6-2021 by Ord. No. 2021-11]
The City adopts by reference Ordinance No. 2021-02 of the Alameda
County Waste Management Authority (WMA), pursuant to Section 13(b)
of said ordinance as may be amended from time to time.
Editor's Note: The Enforcement Agency Authorization is contained
in Section 2 of Ord. No. 2021-11, which may be found on file in the
City offices.