A.
Violations. The conducting of a solid waste collection operation without a franchise or contract with the city in violation of Chapter 8.04 of this code shall result in the impoundment of any and all solid waste containers used in such unlawful operation as provided in this section.
B.
Enforcement Authority, Impounding of Solid Waste Containers—Civil Remedies.
1.
Authority. The public works director, or designee, shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to code enforcement and police officers pursuant to this code.
2.
Impounding of Containers. If a solid waste container is not properly identified as belonging to a city contracted or franchised solid waste collector (hereinafter "city-approved franchisee"), or if the terms of the permit, the franchise agreement, contract or terms of this chapter are not complied with, then the solid waste container shall be subject to removal and impound by order of the public works director pursuant to subsection (C) of this section.
3.
Penalties. Nothing in this chapter shall be deemed to limit the right of a city-approved franchisee or the city to bring a civil action against any person who violates this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a city-approved franchisee or the city. In addition, the city may initiate civil, criminal and/or administrative actions to enforce this section.
C.
Unauthorized Solid Waste Container—Impoundment.
1.
The public works director may cause the posting of a notice to remove, in a conspicuous place, on any solid waste container placed on any public or private property within the city in violation of this chapter.
2.
Notices to remove posted pursuant to the provisions of this chapter shall specify the nature of the violation and shall state that the solid waste container must be removed within twenty-four hours or it may be impounded at the owner's sole expense, which shall include all impound towing, dump (emptying), storage and administrative processing fees. The notice to remove shall also advise the owner of the owner's right to contest the violation pursuant to subsection (D) of this section. The posting of a notice to remove shall constitute constructive notice to the owner and user of the container of the requirement to remove the solid waste container.
3.
If the solid waste container is not removed within twenty-four hours after the notice to remove is posted, the public works director may authorize impoundment and direct the removal and storage of the solid waste container and the disposal of its contents. The actual removal may be carried out by city staff or city-approved franchisee with express direction from public works director.
4.
All solid waste containers are required to have identification written in a visible location on the side of the container showing the name of the company or owner and a contact phone number. If a container is discovered in the city of La Habra and the container does not have the required identification, and/or the phone number does not work or is disconnected, the public works director may authorize immediate impoundment and direct removal and storage of the solid waste container and the disposal of its contents. The actual removal may be carried out by city staff or city-approved franchisee with express direction from public works director. The unidentified solid waste container shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty calendar days at a location selected by the city. Any claims for an unidentified solid waste container shall be presented to the director of public works or the director's designee, and shall be accompanied by proof of ownership of the solid waste container. A person demonstrating proof of ownership of an unidentified solid waste container stored by the city shall pay all required fines and fees along with reimbursing the city for the actual cost of removal, storage and disposal of its contents, which cost shall be paid by the owner before the solid waste container is returned to the owner prior to the solid waste container being released by the city.
5.
If the identity and contact information of the owner of a solid waste container that has been removed by the city is known to the public works director, the public works director shall promptly cause a notice of impoundment to be mailed to the owner to claim the stored property. The notice of impoundment shall advise the owner of the nature of the violation and of its right to contest the violation pursuant to subsection (D) of this section.
6.
If the solid waste container is not claimed within thirty days after removal and notice to the owner, or thirty days after removal if the identity and contact information of the owner is unknown, and whose impoundment has not been contested pursuant to subsection (D), the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly.
7.
After an owner of a solid waste container has once been provided a notice to remove for violating this chapter, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition of placement of any unlawful solid waste containers. In the event of a subsequent placement of a solid waste container determined to be owned and/or maintained by the same owner, irrespective of the name under which the unlawful business is operated, the public works director or the director's designee may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed solid waste container and shall, in such case, give a notice of impoundment to the owner to claim the solid waste container. The notice of impoundment shall advise the owner of the nature of the violation and of its right to contest the violation pursuant to subsection (D). In such event, the owner shall be responsible to reimburse the city for the actual cost of removal, storage and disposal of its contents, which cost shall be paid by the owner before the solid waste container is returned to the owner. If the solid waste container is unclaimed after notice of impoundment is mailed to the owner and the expiration of the period set forth in subsection (C)(4), the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly.
8.
The owner of the unlawful solid waste container shall be responsible to reimburse the city for the actual cost of the removal, storage and disposal. All amounts due to the city for the cost of the removal, storage and disposal shall be paid before the solid waste container is returned to the owner. The costs incurred by the city for removal, storage and disposal shall constitute a debt owed to the city by the owner, who shall be liable therefor in an action by the city for the recovery of such amounts.
9.
The fees related to the impoundment, emptying, storage and administrative processing of impounded solid waste containers shall be set by city council resolution.
D.
Administrative Hearing.
1.
Request for Hearing. Any responsible party to whom a notice to remove or notice of impoundment has been issued may contest that there was a violation of this section or that he or she is the responsible party by filing a written request with the city manager for a hearing within ten business days from the date of notice. However, this chapter does not limit the city from utilizing any necessary criminal, civil and/or administrative remedies.
(Ord. 1838 § 1, 2021)