Except as provided by this section, no person shall collect any refuse, green waste, organic waste or recyclable materials from any premises within the city, place a refuse bin, container, or other receptacle for refuse, green waste, organic waste or recyclable materials at any premises within the city, or collect, transfer, or remove refuse, green waste, organic waste or recyclables within the city, unless that person has entered into an exclusive franchise agreement with the city. Each day any person violates this section shall constitute a separate offense which may be punished civilly, criminally and/or administratively.
(Ord. 1838 § 1, 2021)
The following services and activities are specifically excluded from the requirement to have an exclusive franchise agreement with the city. These services and activities may be provided by persons other than franchisee.
A. 
The sale or donation of source-separated recyclable material by the waste generator to any person or entity other than franchisee; provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of recyclable material, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation;
B. 
Solid waste, including recyclable materials and green waste, which is removed from any premises by the waste generator, and which is transported personally by such generator (or by his or her full-time employees) to a processing or disposal facility in a manner consistent with all applicable laws and regulations;
C. 
Green waste removed from a premises by a gardening, landscaping, or tree trimming franchisee, utilizing its own equipment, as an incidental part of a total service offered by that contractor rather than as a hauling service;
D. 
The collection, transfer, transport, recycling, processing, and disposal of animal remains, fats, oils, or grease from slaughterhouses, butcher shops, or restaurants for rendering into other useful products and materials;
E. 
The collection, transfer, transport, recycling, processing, and disposal of by-products of sewage treatment, including sludge, sludge ash, grit and screenings;
F. 
The collection, transfer, transport, recycling, processing, and disposal of hazardous substances, hazardous waste, household hazardous waste and radioactive waste regardless of its source;
G. 
Construction and demolition debris which is removed by a duly-licensed construction or demolition company as part of a total service offered by said licensed company and using dump trucks to collect and transport the material;
H. 
The collection, transfer, transport, recycling, processing, and disposal of solid waste by city through city officers or employees in the normal course of their city employment; and,
I. 
Solid waste handling services for governmental agencies other than city, which may have facilities in city, but over which city has no jurisdiction in connection with the regulation of solid waste.
(Ord. 1838 § 1, 2021)
A. 
Franchise Fee. The franchisee shall pay to the city a franchise fee in an amount set forth in the franchise agreement, as well as any other fees that may be specified in the franchise agreement or other contract.
B. 
Sanitation Fee. The franchisee shall pay to the city a sanitation fee, in an amount set forth in the franchise agreement, as well as any other fees that may be specified in the franchise agreement or other contract.
1. 
Purpose. The purpose and intent of this section is to provide for a sanitation fee to be assessed upon each and every refuse account within the city ("user"). The funds shall be used principally to defray the operational and capital outlay costs of the services specified in subsection (B)(2) of this section.
2. 
Cost of services. The costs of services that have a direct nexus to solid waste collection are street sweeping, median and parkway tree trimming, La Habra disposal station #11 landfill gas system maintenance, and recycling programs.
3. 
Users. Every person in possession or control of property, referred to in this section as users, shall pay a sanitation fee as set by resolution by the city council.
(Ord. 1838 § 1, 2021)
A. 
All equipment and vehicles used by a franchisee to transport or collect discarded materials in the city shall comply with the requirements of 14 CCR Sections 17341 through 17345. All collection vehicles shall be staunch, tight and closely covered with a metal or fabric cover or equivalent cover so as to wholly prevent the spilling, leakage, falling off or blowing off of any contents of the vehicle or escape of offensive odors. Each vehicle used to collect or transport discarded materials shall carry a shovel, broom, and fire extinguisher and shall be maintained in good repair, clean condition, and neatly painted. The name and telephone number of the franchisee shall be painted in letters at least three inches high on each side and across the back of each vehicle.
B. 
All equipment and vehicles used to collect and transport discarded materials shall also be equipped with an audible automatic back-up or other acceptable warning devices prescribed by Vehicle Code Section 27000.
(Ord. 1838 § 1, 2021)
All containers shall be kept in clean and sanitary condition by the owner or person using the same, and containers shall be kept tightly covered at all times, except when solid waste, organic materials or recyclable materials are being deposited therein or removed therefrom and shall at all times be secure against access by flies to the contents thereof and free from leaks. If the provisions of this section are not fully complied with, the franchisee shall place a tag on the container so stating; thereafter the container shall be considered as condemned and unfit for service and in violation of the provisions of this chapter
(Ord. 1838 § 1, 2021)
Franchisee shall submit periodic reports to the enforcement official or his or her designee in accordance with the requirements of the franchise agreement.
(Ord. 1838 § 1, 2021)
There shall be a monthly charge for all curbside residential or commercial solid waste collection services rendered by the franchisee. The amount of the charges shall be as established by resolution of the city council. Any such resolution establishing charges may be amended from time to time. Such charges shall be applicable to and required of owners and/or occupants of all residential dwellings and commercial premises receiving services in the city.
(Ord. 1838 § 1, 2021)
The city shall bill all single family, and multifamily residential customers with their regular utility bills. Franchisee shall bill all customers for bin collection service, rolloff box collection service, and commercial customers receiving cart collection service.
(Ord. 1838 § 1, 2021)
The franchisee is required to comply with performance standards specified in the franchise agreement. In the event franchisee fails to comply with the standards, the city may, at its option, assess liquidated damages in accordance with the procedures and amounts, if any, described in the franchise agreement.
(Ord. 1838 § 1, 2021)
A franchisee shall indemnify and hold the city, city manager, officers, agents, and employees harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges, or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under this chapter.
(Ord. 1838 § 1, 2021)
A franchisee may refuse service to a commercial or residential customer who fails to pay a valid bill within sixty days of the invoice date or for a substantial refusal to comply with the requirements of this code related to the collection of discarded materials, after giving the customer a reasonable opportunity to comply.
(Ord. 1838 § 1, 2021)
In approving the terms of the franchise agreement, the city council may prescribe any additional terms, conditions, rules, regulations, restrictions, and limitations not specifically mentioned in this chapter that the city council determines are in the public interest. Approval of an agreement form by the city council shall be deemed to include a determination that each provision in the form is in the public interest.
(Ord. 1838 § 1, 2021)