It is hereby declared to be the purpose of this chapter to regulate
the collection, transport, and disposal of solid waste in order to
protect the public safety, health and welfare and to enhance the environment
of the people of Guadalupe. Further, it is the purpose of this chapter
to regulate the collection and disposition of recyclables generated
within the City and to establish reporting requirements and guidelines
that shall be followed by licensees to minimize the amount of such
recyclables deposited into landfills.
(Ord. 2006-378 §1)
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless their use in the text
of this chapter clearly demonstrates a different meaning:
shall mean such service where solid waste containers are
placed at the property line in through alleys.
shall mean a stationary container supported on casters or
skids and approved by the City Administrator or his or her designee,
for mechanical handling by the collection trucks.
shall mean solid waste, which is mechanically compressed
to reduce the dimensions of the waste.
shall mean and include the waste building materials, packaging,
and rubble resulting from construction, remodeling, repair, and demolition
of pavements and structures.
shall mean such service where the solid waste containers
are picked up by the City at the front curb line of the customer's
property.
shall mean thrown away, abandoned, worthless, or having lack
of economic value.
shall mean the animal and vegetable waste resulting from
the handling, preparation and use of foods, including discarded food
containers and wrappers and all other abandoned putrescible organic
matter.
shall be those wastes resulting from products purchased by
the general public for household use which, because of their quantity,
concentration, or physical, chemical, or infectious characteristics,
may pose a substantial known or potential hazard to human health or
the environment when improperly treated, disposed, or otherwise managed.
The City Administrator or his or her designee shall determine those
substances deemed hazardous for the purpose of the City's disposal
system.
shall mean solid wastes or waste material resulting or left
over from industrial processes and manufacturing operations, including
but not limited to fibers, fabrics, plastics, Styrofoam, rubber, resins,
metals, slag, wood products such as sawdust and shavings, packing
materials, putrescible material from food processing plants and slaughterhouses,
condemned foods, cinders and ashes from power plants and incinerators,
and miscellaneous manufacturing wastes. Such industrial waste is distinguished
from ordinary commercial refuse or so-called trade wastes which emanate
from stores, hotels, restaurants, and markets.
shall mean a building designed for residential occupancy
and shall include duplexes, triplexes, apartments of 4 or more units,
bungalows in a bungalow court, apartment houses, flats, condominium
units, and mobile homes.
shall include those materials that have value and can be
diverted from landfill disposal. Recyclables can further be defined
as those materials that by collecting, sorting, cleansing, treating,
reconstituting, and processing can be returned to the economic mainstream
in the form of raw materials for new, reused, or reconstituted products.
shall include rags, household ashes, wearing apparel, household
goods and such worthless, useless, unused, rejected and cast-off matter
produced by and as the result of human habitation and the transaction
of business within the City, that can be properly and safely collected
and transported in a collection vehicle.
shall mean any detached building used exclusively for occupancy
by one family, excluding bungalows in a bungalow court, residential
condominium units, and mobile homes.
shall mean all putrescible and non-putrescible solid and
semisolid wastes; including garbage, trash, refuse, paper, ashes,
industrial wastes, demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid wastes, and other discarded
solid and semisolid wastes. "Solid waste" does not include
hazardous, low-level radioactive, or medical wastes. "Solid
waste" as herein defined shall not include materials sourceseparated
by the generator for the purpose of recycling, reuse, repair or composting.
shall mean the collection of solid waste that exceeds the
scope of standard residential or commercial service as set forth in
this chapter, or any material not defined in this section as solid
waste.
shall mean roll-out container(s) approved by the City and
provided by the City or its licensee.
shall include solid waste such as heavy or bulk materials
which can be properly and safely collected and transported by special
pick-up vehicles. The City Administrator or his or her designee shall
determine those materials suitable for special pick-up service.
shall include lawn clippings, tree and shrubbery trimmings,
and leaves that can be properly and safely collected and transported
in a collection vehicle.
(Ord. 2006-378 §1)
The following rules, as contained in this chapter, covering
the handling of accumulations of garbage, refuse, yard waste, and
waste matter to be observed by the occupants of places of residence
and places of business in the City are hereby established.
(Ord. 2006-378 §1)
A.
It shall
be unlawful for any person, owner or occupant of any building, lot
or premises in the City to suffer, allow or permit the accumulation
of solid waste of any description to become or remain offensive, unsightly
or unsafe to public health or hazardous from fire, or to deposit,
transport, keep, accumulate or permit or cause any solid waste to
be deposited, placed or accumulated upon any lot or parcel of land,
or any public or private container, place, street, land, alley or
driveway except in the manner prescribed in this chapter.
B.
It shall
be unlawful for any person to deposit refuse into containers, bins,
or roll-off containers which are not assigned to the property at which
the refuse is generated.
C.
It shall
be unlawful for any person, other than the City or the City's
licensee, to collect or remove materials which have been segregated
for the purpose of recycling and placed in a designated recycling
receptacle.
D.
It shall
be unlawful for any person to willingly place any materials in the
recycling receptacles that do not meet the criteria defined under
Section 8.08.020(K).
E.
It shall
be unlawful for any person to take or pilfer, for his or her own use
or benefit, the recyclables of any other person.
F.
It shall
be unlawful for any person to take or pilfer, for his or her own use
or benefit, the recyclables from any City-operated drop-off facilities.
Recyclables donated to the drop-off facility are considered the property
of the City.
G.
It shall
be unlawful for any person to dispose of refuse, as defined under
Section 8.08.020(L) into or around City-operated drop-off facilities.
H.
Each
and all of the above specified conditions constitute a public nuisance,
and are unlawful in violation of this chapter and are subject to immediate
abatement by any officer of this City. Any costs associated with enforcement
and abatement which the City incurs may be charged to the offending
party or property owner for reimbursement.
I.
Nothing
herein shall prohibit a person from selling, giving away, or otherwise
legally diverting their own recyclable materials to a location of
their choice.
(Ord. 2006-378 §1)
It shall be mandatory for every property owner within the City
to receive City disposal service and billing therefor, except those
industrial businesses whose volume of waste might exceed what services
the City could offer. Minimum levels of City residential, commercial,
and industrial refuse service shall be determined by the City Council
and set by resolution. City refuse service above the minimum level
may be required to protect public safety, health, and welfare, as
required by this chapter. The necessity of such increased levels of
service shall be determined by the City Administrator or his or her
designee.
(Ord. 2006-378 §1)
The City Council may, at its option, enter into a franchise
agreement with a qualified solid waste collection company. Said franchise
agreement shall include recyclables and yard waste.
(Ord. 2006-378 §1)
It shall be unlawful for any person to engage in or carry on
the business of hauling or removing garbage, refuse or waste matter
within the City without written permission from the City Administrator.
(Ord. 2006-378 §1)
A.
Frequency
Amount, and Location of Collection. The City shall provide collection
service from all dwelling units in the City at frequencies and amounts
to be determined by City Council and set by resolution. Residential
service shall be at curbside unless otherwise authorized by the City
Administrator or his or her designee.
B.
Responsibilities
of Curb Service Customers. All curb service customers shall place
their solid waste containers at the curb or property line and shall
remove the empty containers in accordance with time schedules as determined
by the City Administrator or his or her designee.
C.
Alley
Service Customers—Placement of Containers. Alley service will
only be provided if criteria developed by the City Administrator or
his or her designee is met, and such service is compatible with overall
collection service objectives. Customers receiving alley service shall
place their solid waste containers at the property line in through
alleys and shall remove the empty containers in accordance with time
schedules as determined by the City Administrator or his or her designee.
D.
Container
Service. Bin container service shall be used in residential areas
for apartments and multiple dwellings as specified in this chapter,
and may be used for single-unit dwellings if approved by the City
Administrator or his or her designee.
(Ord. 2006-378 §1)
A.
The
occupant, tenant or lessee of any house, dwelling, flat, apartment
building, mobile home, motel, hotel, restaurant or other place of
business or residence within the City where solid waste is produced
or accumulated and where individual container service is authorized
shall keep in a place where it will not constitute a nuisance, a City-approved
container for receiving and holding all of the solid waste which accumulates
on the premises between the time of successive collections.
B.
All commercial establishments, including but not limited to hotels, restaurants, grocery stores, gasoline stations, offices, medical offices, general stores, hardware stores, auto parts stores, and all other business establishments as well as all apartment complexes and condominium complexes with more than 2 units shall utilize bin container service pursuant to the provisions of this chapter. All such commercial establishments, apartment complexes and condominium complexes not using bin container service on the date of adoption of this chapter shall have 6 months from the date of adoption of this chapter to comply with this section. All bin containers shall be installed pursuant to Section 8.08.100 and shall be required to apply for and receive a permit from the Planning Department.
(Ord. 2006-378 §1)
A.
Where
commercial collections are made from private alleys and access ways,
said approaches shall be maintained in such a manner as not to be
a hazard to collection personnel and equipment, and provide a safe
and convenient entrance to and through the premises for the purpose
of collecting refuse.
B.
The
approach to containers furnished by the City must be kept clear. An
inaccessible container will not be dumped at the scheduled time. There
will be an extra charge to dump a container other than at the regularly
scheduled time, or if it is necessary to return to the collection
site due to inaccessibility of the collection container.
C.
Overfilled
containers and excess trash on top of containers pose a hazard to
collection vehicles and personnel and may not be dumped at the scheduled
time. If an overfilled container can be dumped, it shall constitute
a special haul and will require an extra charge. Said charge shall
be added to the customer's next bill for service. The foregoing
shall be in addition to any other penalties applicable to over-filled
containers within this municipal code.
D.
Compacted
commercial waste requires special handling due to increased weight
associated with compaction. Compacted waste will be subject to increased
collection charges and may require restrictions on the volume of waste
accumulated between collection days.
E.
All
persons or businesses utilizing City-owned containers are responsible
for the sanitary conditions of each container or receptacle and the
proximity thereof and must keep lids and doors closed when not in
use. A charge may be assessed when steam cleaning of containers is
requested by customers. All persons and businesses will be responsible
for burned or damaged containers due to other than normal wear and
tear and will be charged for necessary repairs. Bin containers may
be fitted with lid locks at the request of the customer. A charge
will be assessed for installation and repair of such locks.
F.
Items
that are likely to cause damage to regular city containers or the
collection vehicles will not be regularly picked up. Such examples
are, but are not limited to, timbers or tree trunks larger than 4
inches in diameter or longer than 5 feet, engine blocks, heads, transmissions,
axles, spring assemblies, tires or draft shafts, all of which shall
constitute a special haul.
(Ord. 2006-378 §1)
A.
All
bin container services shall require a concrete bin pad to ensure
that the bin can be conveniently serviced. Each bin-type container,
regardless of the cubic yard capacity, shall require a concrete pad
4 inches thick and 6 feet by 10 feet for each bin. The bin container
pad shall be poured to the existing ground level, ensuring that the
pad is neither too high nor too low, creating collection problems.
There shall be a masonry fence erected around the bin pad storage
area which shall include a latchable metal gate. Such fencing shall
conform with City specifications as specified by the Planning Director
or his or her designee.
B.
Temporary
bin service may be provided at a residential or commercial site at
the request of the customer for short-term cleanup activities and
do not require a bin enclosure. Temporary bin service shall not be
utilized in lieu of permanent disposal service. Temporary bin location
and on-site duration may be limited so as not to constitute a public
nuisance. Temporary bins determined to constitute a public nuisance
may be immediately removed at the discretion of the City Administrator
or his or her designee.
(Ord. 2006-378 §1)
A.
The
removal of dirt, sod, tree stumps, stones, broken concrete, furniture
and appliances and other building materials is not considered to be
normal household solid waste service. Periodic collection of accumulations
of excess solid waste within the city, in addition to that provided
for above, shall be made on the request of a resident. These services
will be handled on a special pick-up basis for which an extra charge
is made. Tree and shrub trimmings which cannot be accommodated in
the City-provided yard waste cart shall be handled on a special pickup
basis for which an extra charge will be made.
B.
The
following services are considered "special requests" and
will be charged an additional fee as determined by City Council and
set by resolution. Special requests include but are not limited to:
extra pickup of residential, commercial, and industrial containers;
same-day delivery, emptying, or removal of temporary bins; same-day
delivery, emptying, removal or relocation of temporary or permanent
roll-off containers; stand-by time of collection personnel at customer
request or to accommodate customer needs; same-day return to empty
a container or bin that was inaccessible, overfilled, or contaminated.
C.
The
disposal of substances determined to be household hazardous materials
shall be restricted to special collection events or sites as approved
by City Council.
D.
The
City Administrator or his or her designee shall determine those waste
materials suitable for special pick-up service.
(Ord. 2006-378 §1)
A.
The
City Administrator or his or her designee shall supervise the collection
and removal of all solid waste by the City and shall enforce the provisions
of this chapter. He or she shall have the right to inspect any and
all premises for the purpose of determining whether the provisions
of this chapter are being observed. Any person denying or obstructing
such inspection shall be subject to the penalties herein provided.
B.
The
City Administrator or his or her designee shall establish routes and
days for collection and may change same from time to time. When such
routes and days are established or changed, he or she shall give such
notice thereof as he or she may deem advisable.
C.
In all
cases where the City Administrator shall find practical difficulty
in complying with the requirements of this chapter as to the placing
of refuse for collection by the City, he or she shall designate where
such solid waste shall be placed or kept for collection by the City
and the conditions under which it shall be collected.
D.
The
City Administrator or his or her designee, with the approval of the
City Administrator, shall make such rules and regulations not inconsistent
with the provisions of this chapter as may be necessary, reasonable
and proper to effect the expeditious, economical and efficient collection
and removal of solid waste by the City. Such rules and regulations
may also relate to the required frequency of refuse collection at
various locations, the type and number of refuse containers required,
and the vehicles used in making such collections. The determination
of the City Administrator or his or her designee shall be conclusive
but shall be subject to review by the City Council.
(Ord. 2006-378 §1)
A.
Fees
and charges for the collection and disposal of solid waste collection
by the City will be fixed by resolution of the City Council.
B.
Solid
waste collection charges shall be included in the regular City utility
bill to customers who also have City water service. When the solid
waste customer does not have City water service, a separate bill for
solid waste service shall be mailed to the customer who owns or controls
the premises serviced.
C.
All
charges for solid waste service included on utility bills, or if not
a part of the City utility bill, shall be due and payable at the same
time as other utility charges. If a bill for solid waste is not paid
within 30 days after the billing date, a charge of 10% as a penalty
for said delinquency shall be made and added to the amount and become
a part of paid delinquent utility bill; and the City may discontinue
all City utility service to the premises if the bill should remain
delinquent on the 45th day after billing.
D.
All
solid waste service charges are the responsibility of the customer
whose name appears on the utility billing for the service. If unpaid
by the customer billed who controls the premises, they shall be secured
at any time by filing for record in the office of the county recorder
of any county, a certificate specifying the amount of such charges
and the name and address of the customer liable therefor. From the
time of recordation of the certificate, the amount required to be
paid together with interest and penalty constitutes a lien upon all
real property in the county owned by the customer or afterwards, and
before the lien expires, acquired by him or her. The lien has the
force, priority, and effect of and shall be regarded as a judgment
lien, which may be extended, if unpaid, by the recording of a renewal
certificate before the expiration of 10 years of the previously recorded
certificate.
(Ord. 2006-378 §1)
The design of any new, substantially remodeled or expanded building
or other facility shall provide for proper storage or handling which
will accommodate solid waste and recyclable material removal or collection.
The design shall demonstrate to local land use and building permit
issuing authorities that it includes the required provisions.
(Ord. 2006-378 §1)
It shall be unlawful for any person to dispose of any solid
waste by burning the same within the limits of the city.
(Ord. 2006-378 §1)
Any customer whose yard waste container is contaminated with
items other than "yard waste" as defined in Section 8.08.020(R)
may be assessed an additional charge, the amount of which is set by
resolution by the City Council.
(Ord. 2006-378 §1)
Any person violating any of the provisions of this chapter or
willfully and knowingly refusing to comply with the rules, regulations
and determination of the City Administrator shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine not to
exceed $500.00 or by imprisonment in the County jail for a period
not to exceed 6 months or by both fine and imprisonment.
(Ord. 2006-378 §1)
