This article shall be known and may be cited as the "Solid Waste Handling Services Law of the City of Redondo Beach".
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
means the City of Redondo Beach.
means and include all locations in the City where solid waste is generated that are not defined as a "residence." These shall include, but not be limited to, all apartment houses with four or more units, industrial and commercial establishments, construction and demolition sites, governmental entities, institutions, and buildings other than residences.
means the Director of Public Works of the City, or such other person as designated by the City Manager of the City.
means a container with a capacity of up to nine cubic yards used for the collection of solid waste.
means and include a single-family residence, a two-family residence, or a three-family residence or one or two or three single-family residences on one lot.
means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, construction and demolition wastes, and industrial wastes. It shall also mean any recycling or reuse of such materials.
shall include, but not be limited to, source reduction, recycling, composting activities, household hazardous waste management, and the collection, transfer, and disposal of solid waste.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
The Council hereby finds and determines that it is in the public interest for the City to provide solid waste handling services to all residences and commercial accounts in the City. All residences and commercial accounts shall have their solid waste collected regularly by the means designated by the City.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
All City solid waste handling services shall be under the supervision of the Director of Public Works.
(a)
Regulations. The Director shall have the authority to make regulations concerning solid waste handling services, including, but not limited to, the days of collection, type and location of containers, and such other matters pertaining to the collection, conveyance, and disposal as the Director shall find necessary, and to change and modify the same after notice as required by law, provided such regulations are not contrary to the provisions of this article or a Council resolution.
(b)
Appeals. Any person aggrieved by a regulation of, or fee charged by, the Director shall have the right to appeal to the City's City Manager who shall have the authority to confirm, modify, or revoke any such regulation or fee.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
(a)
Duty to use approved container. All solid waste shall be placed out for collection in a container and a manner approved by the Director.
(b)
Containers.
(1)
Duty to provide containers and maintain in a sanitary condition. Unless otherwise provided by resolution, solid waste containers shall be provided by the owner, tenant, lessee, or occupant of the premises where solid waste is generated. Solid waste containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Director shall have the authority to refuse collection service for failure to comply with the provisions of this subsection, or to replace the container and bill the responsible party.
(c)
Storage or refuse.
(1)
Public Places. No person shall place any refuse in any street, alley, or other public place, or upon any private property whether owned by such person or not, within the City except it be in proper containers for collection or under express approval granted by the Director. No person shall throw or deposit any refuse in any stream or other body of water.
(2)
Unauthorized accumulations. Any unauthorized accumulation of refuse, except for recyclables, on any premises is hereby declared to be a nuisance and shall be prohibited. No person shall cause or permit refuse or garbage to accumulate at any place or premises under his charge or control for a period in excess of one calendar week.
(3)
Scattering of refuse. No person shall place, sweep, or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley sewer, parkway, or other place, or into any occupied or unoccupied premises within the City.
(d)
Points of collection. For the purposes of collection, approved solid waste containers shall be placed in the location designated by the Director.
(e)
Placement and removal of containers. No person being either an owner, manager, lessee, or occupant of any residential structure or licensed business shall place, deposit, or permit to remain any solid waste, or the containers thereof, on the public streets, alleys, curbs, or sidewalks before 11:59 p.m. of the day prior to the regular day of collection of such material or after 11:59 p.m. of such regular collection day.
Except during the period when placed for the collection of solid waste, all containers shall be placed or stored in enclosures, semienclosures, or in such manner as to not be visible from the public streets or rights-of-ways. |
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
(b)
Special refuse problems. The following items are hereby declared to be unauthorized solid waste and shall not be placed in containers for regular collection but shall be disposed of as directed by the Director at the expense of the owner and possessor thereof:
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
(a)
Identification. It shall be the duty of every owner, operator, and corporate officer of any business engaged in the solid waste services to imprint in a permanent and legible fashion on the exterior of each and every dumpster used for the collection of garbage or refuse, or both, the name and phone number of the owner of such dumpster.
(b)
Presumption of ownership and control. Whenever the name and phone number of any person engaged in the collection of solid waste services appears on any dumpster, it should be presumed that such person owns and controls such dumpster. The presumptions shall apply in criminal actions and are permissive and rebuttable presumptions.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
It is unlawful for any person to place, permit or allow any dumpster to remain on any public street, alley, sidewalk, or highway.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
It is unlawful for any person to place, or cause to be placed, a receptacle on public property, including any street, alley, or right-of-way, for the collection of refuse or debris resulting from any project or construction, remodeling renovation, or demolition, exception compliance with the following regulations:
(a)
Receptacle permits. The person owning the receptacle shall have obtained from the Director a permit for the placement of such refuse receptacle, which permit application shall clearly show:
(1)
The name and address of the owner of the property being constructed, remodeled, renovated, or demolished;
(2)
The name and address of the owner or the person, firm, or corporation conducting the construction, remodeling, renovation, or demolition;
(3)
The name and address of the person, firm, or corporation which owns the refuse receptacle;
(4)
The date the construction, remodeling, renovation, or demolition is to start;
(5)
The size and configuration of the receptacle; and
(6)
The exact location where the receptacle is to be placed.
(b)
Receptacle permit duration. Such permit shall be issued for a period not to exceed 60 days but may be renewed two times, not to exceed 60 days each time, if the Director shall find that;
(1)
The construction, remodeling, renovation, or demolition is not completed, and work has been proceeding diligently; and
(2)
The continued presence of the receptacle will not cause unusual damage to the street, alley, or other public property or have a deleterious effect on adjacent property; and
(3)
The deposit for cleanup and insurance remains in effect.
(c)
Receptacle fees. A permit fee and an inspection fee shall be paid, and a deposit shall be paid or a bond posted with the Director to assure cleanup and any necessary repair of public property upon removal of the receptacle. The City Council by resolution shall fix the permit fee and inspection fee, and adjust each of them from time to time as necessary, in an amount equivalent to the costs incurred or arising as a result of administering this section. The Director shall fix the deposit or bond required by this subsection, and adjust it from time to time as necessary, in an amount sufficient to assure that adequate funds will be available to pay for any repairs or cleanup resulting from the use of any receptacle used for the private collection of garbage or refuse or rubbish resulting from any project of construction, remodeling, renovation or demolition.
(d)
Receptacle safety. The receptacle shall be safely and securely blocked, and shall be placed in such a position as to cause the least amount of damage to public property, interference with traffic, and interference with sight distances of drivers and pedestrians, and shall not be placed so as to impede surface water run-off to storm drains or interfere with access to fire hydrants, traffic control boxes, manhole covers, and other installations.
(e)
Traffic warning. The receptacle shall be equipped with reflectors, lights or other devices for warning approaching traffic of its location. All corners of the receptacle shall be reflected from angles so that it may be seen by an approaching vehicle from any direction.
(f)
Owner identification. The owner of the receptacle shall imprint in a permanent and legible fashion on the exterior of the receptacle the owner's name and telephone number.
(g)
Liability. No permit shall be issued pursuant to the provisions of this section until the applicant posts and maintains within the City a surety bond or policy of comprehensive general and automobile liability insurance which will indemnify and save harmless the City, and its officers and employees, from any and all losses, costs damages and expenses of liability which may result from or arise out of granting the permit, and such bond or policy shall be maintained by the permittee at his expense for the entire period for which the permit is in effect.
The limits of such bond or policy shall be not less than One Million and no/100ths ($1,000,000.00) Dollars. Such bond or policy shall be in a form acceptable to the City Attorney.
(h)
Replacement. When any full receptacle is removed and replaced with any empty receptacle, all of the provisions of this section shall apply to the replacement receptacle.
(i)
Removal. If, at the conclusion of the time period for which a permit, as provided, has been granted, the receptacle is not removed from the public property, the Director shall give the permittee 48 hours to remove the receptacle or show cause why the receptacle shall not be impounded. If the permittee fails to remove the receptacle or shows cause why it should not be removed, the Director may remove or cause to be removed such refuse receptacle and impound it. The cost of such impoundment shall be charged to the permittee.
(j)
Construction refuse reporting. Any person obtaining a permit for a refuse receptacle for construction purposes shall be required to submit information, including, but not limited to, diversion and disposal data by amount and material type, as may be required by the Director of Public Works or the City Council in order for the City to comply with Public Resources Code Section 40,000 et seq. as it now exists or may hereafter be amended.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991, as amended by § 1, Ord. 2691 c.s., eff. May 20, 1993)
It is unlawful for any person to place or cause to be placed, a refuse receptacle for the private collection of garbage or refuse or rubbish resulting from any project of construction, remodeling, renovation, or demolition of any private property in such a way that the receptacle encroaches on any public street, alley, right-of-way, or the public property or in such a way that the receptacle creates a traffic sight distance hazard.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
(a)
Permit requirements. No person may provide solid waste services in the City without first obtaining a solid waste services permit. This permit shall be in addition to any business license or permit otherwise required by this Code.
(b)
Application. Applications for a solid waste services permit shall be made on forms provided by the Director. The applications shall require the following information:
(1)
Name and address of applicant;
(2)
Business address, and addresses where all vehicles will be kept, and the zone classification of such location(s);
(3)
Form of organization such as proprietorship, partnership, joint venture, or corporation, and the names and home addresses of owners and officers and their percentage of ownership, if greater than 5%;
(4)
A description of each vehicle and other equipment that the applicant owns, operates or has under its control within the City boundaries including the age and mechanical conditions of each vehicle, a statement as to whether said vehicle is self-loading, leakproof, the service in which each vehicle shall be placed, and evidence that the applicant owns or has the right to the use of said vehicle;
(5)
Any additional facts which demonstrate that the applicant is able to render workmanlike and efficient service;
(6)
The classification of property to be serviced by the applicant and the classification of solid waste to be collected by the applicant;
(7)
Any other information requested by the Director.
(c)
Permit fees. Permit holders shall pay a basic annual fee of 4% of their gross revenue for providing solid waste handling services in the City. If the City Council determines that the City is receiving sufficient residential fees from other sources, the City Council by resolution may reduce or eliminate the fees paid by a permit holder on residential revenue. Fees will be paid monthly and will include such information as may be requested by the Director or the City Council. All records relating to solid waste handling services shall be provided to the City on a monthly basis. Annual fees imposed on solid waste service permittees will fund the City's costs of providing solid waste services, including development and implementation of a Source Reduction and Recycling Element and Household Hazardous Waste Element required by the Public Resources Code. If funds are not sufficient to reimburse the City in any given year, the City Council by resolution may impose additional fees on permit holders to fully reimburse the City.
(d)
Permit transfer. A permit issued under this article shall not be transferred to another person without the written approval of the Director.
(e)
Permit duration. All permits shall be issued on an annual basis determined by the Director.
(f)
Renewal. Applications for renewal of a permit shall be on the same form as original applications. The Director may deny the renewal of a permit if the past performance of the permittee has failed to meet the requirements of this article, if the permittee fails to provide all of the required information, if the permittee has attempted to provide solid waste services in areas where the City has contracted for another permittee to operate exclusively, or if the permittee or its agent has been convicted of criminal conduct in the performance of solid waste services. The annual fee shall be increased by 25 (25%) percent if a permittee fails to apply for renewal at least 30 days prior to expiration of an existing permit.
(g)
Revocation or suspension. After a hearing, the Director may revoke or suspend any permit if the permittee has violated a provision of this Code or any other applicable law or regulation of any public agency.
(h)
Flow control. As a condition of receiving a permit, permittees agree to take solid wastes which they collect to the specific solid waste facility, as defined in Public Resources Code Section 40194, designated by the City in writing, if any.
(i)
Ownership of wastes. As a condition of receiving a permit, permittees agree that, upon adoption of a resolution, ownership of solid wastes set out for collection shall be vested in the City.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
(a)
Liability for refuse collection fees. The Council finds and determines that the periodic collection of solid waste from all residences and commercial accounts in the City benefits all occupants of residences and business owners in the City. The City Council will adopt solid waste fees by resolution for residences and commercial accounts in such categories as the City deems appropriate. Such fees will include charges necessary to fund the City's obligations under the Public Resources Code, as well as charges imposed by other governmental agencies regulating solid waste. All property owners of residences are liable for the payment to the City of solid waste fees established by resolution. Each commercial account will be liable for payment of solid waste fees to the collector contracting with the City at the commercial account's location. If the City does not contract for solid waste services at a particular commercial account location, the account may negotiate rates with any licensed permit holder.
(b)
Method of collection. The residential solid waste fees established by resolution of the Council shall be billed and collected on behalf of the City through the office of the County Assessor and Tax Collector.
(c)
Refunds.
(1)
Vacancies.
(i)
Residential. In the event any dwelling unit is not occupied for a period of more than 30 days, and no solid waste of any type is produced during that time, the property owner of the residence or dwelling unit may apply for and receive a refund. The refunds authorized by the provisions of this subsection shall not eliminate the duty of the County Assessor and Tax Collector to collect on behalf of the City the residential refuse collection fees set by the Council nor the duty of such person who may be eligible for a refund from having to pay such residential refuse collection fees.
To qualify for such a refund, the property owner of a residence may apply for and receive a refund of such refuse collection fees from the Director of Public Works. The application for a refund shall be filed upon a form provided by the Director of Public Works. The application shall set forth pertinent details which would be necessary to determine eligibility and shall be signed under the penalty of perjury as to the truthfulness of the information contained in the application. The Director of Public Works may require additional supporting data.
The Director of Public Works shall review each application, and if it is determined that a refund is payable in accordance with the provisions of this article, the application for the refund shall be processed for payment. If it is determined that the applicant has failed to truthfully set forth such facts, the application may be denied by giving notice to the applicant. The applicant shall thereafter have the right to appeal the decision to the Council within a 10 day period after the date of the mailing of the rejection, or, in the alternative, the applicant may file an amended application for a refund for reprocessing.
Any claim for such refund shall be filed not later than July 30 for refuse collection fees billed and paid in the prior fiscal year. In the event no refund is applied for within the time prescribed, all rights to claim such refunds shall be considered to be void and extinguished permanently.
(d)
Special service fees. Special services will be provided on terms specified by the Director. The Director may also require additional solid waste services if it is deemed necessary by the Director in order to safeguard the public health, safety, and welfare. The Director shall have the authority to prescribe a reasonable fee for such additional collections.
(e)
Delinquent accounts. Failure to pay any and all charges established by resolution of the Council shall be grounds for the stoppage of service in addition to the right to proceed for the collection of such unpaid charges in a manner provided by law.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and subject to the penalties provided for in Section 1-2.01 of Chapter 2 of Title 1 of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this article.
(§ 1, Ord. 2618 c.s., eff. June 7, 1991)