It is the purpose of this chapter to establish regulations for
the management of solid waste, to provide standards for solid waste
collection service, and to regulate the accumulation, preparation,
storage, transportation, recovery of marketable and recyclable materials,
and disposal of solid waste in recovery of marketable and recyclable
materials, and disposal of solid waste in order to protect the health
and safety of Imperial Beach citizens.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
The City Council shall designate franchises for the collection
of solid waste and recyclables within Imperial Beach by award of either
exclusive or nonexclusive contracts. Any franchise awarded shall be
for the provision of services required by this chapter, and the franchisee
shall abide by the terms and conditions of this chapter. In addition
to the award of franchises the City may contract for or use its own
forces to remove solid waste and recyclables from public streets,
alleys, highways and property to prevent its entry into the storm
drain system and the waters of the State. The City Council, in addition
to fees and rates for franchises awarded under this chapter, may establish
fees and charges for collection and removal of solid waste and recyclables
from City streets, alleys and public property. Such fees and charges
for pollution prevention may be collected by a solid waste franchisee
as part of its solid waste collection fees. Upon agreement with the
City, the solid waste franchisee may collect an administrative fee
for its costs to collect the fees authorized hereunder.
(Ord. 846, 1992; Ord. 2005-1027 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
For the purpose of this chapter, the following words and phrases
shall have the meaning given herein unless their use in the text of
the chapter clearly demonstrates a different meaning.
means recoverable aluminum materials such as used beverage
containers, siding, and other manufactured items.
means the Director of the Department of Public Works, the
City Manager, and the designees of those officers, in accordance with
their responsibilities outlined in this section.
means waste such as pathological cultures and stocks of infectious
agents, discarded live and attenuated vaccines, culture dishes, recognizable
fluid blood elements and regulated body flu-ids, sharps and body parts.
Biohazardous waste includes any other waste defined as such, in Chapter
6.1 of the California Health and Safety Code.
includes large items of solid waste such as appliances, furniture,
large auto parts, trees, branches, stumps and other oversize wastes
whose large size precludes or complicates their handling by normal
collection, processing or disposal methods.
means a facility which pays a fee for the delivery and transfer
of ownership to the facility of source separated materials, for the
purpose of recycling or composting.
means post-consumer waste paper grade corrugated cardboard
(#11), Kraft (brown) paper bags or solid fiber boxes which have served
their packaging purpose and are discarded and can later be reclaimed
for collection and recovery for recycling.
means the City Council of the City of Imperial Beach.
means to take physical possession of solid waste materials
or recyclables at residential, commercial, industrial, or governmental
sites, and transport it to a facility for processing, composting,
transfer, disposal or burning.
means any vehicle or equipment used in the collection of
residential, commercial, industrial, or governmental solid waste or
recyclables.
means any person who holds a valid City franchise or contract
for the collection and subsequent transportation or disposal of solid
waste. A collector operates routes or provides regular service and
is directly or indirectly reimbursed for the collection and disposal
of solid waste from residential, commercial, or industrial premises
in the City. Collector may also be referred to as "franchisee."
means recyclables from the two commercial subcategories of
office buildings which are office paper, corrugated cardboard, newspaper
and aluminum; and hospitality, which are corrugated cardboard, plastic
beverage bottles, glass jars and bottles, white goods (appliances),
aluminum, and tin and bimetal cans.
means a review of records by the City to determine compliance
with this chapter.
means collection of all types of solid wastes generated by
stores, offices, and other commercial sources.
means solid waste originating from stores, offices, and other
commercial sources but does not include construction and demolition
waste or industrial solid waste.
means organic materials, as defined herein.
means the process of converting organic materials, defined
herein as compostables, into an earthy, soil-enhancing product, compost
("humus") or mulch, under controlled and monitored conditions.
means the non-hazardous waste building materials, packaging
and rubble resulting from construction, remodeling, repair and demolition
operations on pavements, houses, commercial buildings and other structures.
means a container, regardless of color, that contains prohibited
container contaminants.
means the collection of recyclables, household hazardous
waste or solid waste from the residential waste stream from curb or
alleyway.
means materials that are recyclable and/or reusable within the following categories of residential, commercial (office and hospitality), and industrial, as defined more specifically within each category as listed within this chapter, including Section 8.36.200.
means the Director of Public Works of the City or the Director's designated representative. For the purposes of enforcement of this chapter, any person designated as a Community Service Officer by the City Manager, under Section 2.48.010 of this code, may enforce the provisions of this chapter.
means the management of solid waste through landfill disposal
or transformation at a permitted solid waste facility.
means all institutional, wholesale, retail, and residential
food wastes.
means any material that is designated for collection and
disposal and does not include designated recyclable materials. Compostables
and organic materials, as defined herein, may be exempt from inclusion
as garbage, provided such materials are properly handled, processed
and monitored.
means food and beverage glass containers including container
glass covered by the deposit law, and excluding household and kitchen
containers such as drinking glasses, cups, and cooking and serving
dishes.
means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State of California
in Health and Safety Code Sections 25110.02, 25115, and 25117 or in
the future amendments to or modifications of such statutes or identified
and listed as hazardous waste by the U.S. Environmental Protection
Agency, pursuant to the Federal Resource Conservation and Recovery
Act (42 USC Section 6901 et seq.), all future amendments thereto,
and all rules and regulations promulgated.
means a facility that is in compliance to receive organic
waste materials as required by the State.
means any street, road, alley, highway or thoroughfare.
means any establishment that offers services in the form
of food and beverage sales, including taverns, bars and restaurants,
and also including motels, hospitals and other such establishments
that have on their premises a restaurant or bar.
means aluminum, corrugated cardboard, glass jars and bottles,
plastic beverage bottles, tin and bimetal cans, and white goods generated
by hospitality facilities.
means any waste defined as "hazardous waste," under the United
States Re-source Conservation and Recovery Act of 1976, as amended
(42 USC Section 6901 et seq.) and the regulations adopted pursuant
to that act, generated incidental to owning or maintaining a place
of residence. Household hazardous waste does not include any waste
generated in the operation of a business concern at a residence.
means recyclables from industry/construction waste streams,
to include dirt, asphalt, sand, land-clearing brush, concrete and
rock.
means collection of all types of solid wastes which result
from construction and demolition activity, industrial processes and
manufacturing operations, excluding hazardous wastes.
means solid waste originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects,
publicly operated treatment works, and/or solid wastes placed in commercial
collection bins.
means materials such as concrete, soil, asphalt, ceramics,
earthen cooking waste, automotive safety glass and mirrors.
means any post-consumer waste which is not deposited in:
(1) an authorized solid waste disposal site, (2) appropriate and serviced
storage container(s), or (3) other areas designated for disposal of
solid waste.
means accumulated animal excrement. This includes, but is
not limited to, feces and/or urine, any animal bedding material, spilled
feed, or soil that is mixed with feces and/or urine.
means any solid waste which is generated or has been used
in the diagnosis, treatment or immunization of human beings or animals,
or research pertaining thereto, and shall include, but not be limited
to, biohazardous and medical waste or other solid waste as defined
in Chapter 12 of the County Code of Regulatory Ordinances or state
and federal law.
means recoverable aluminum, tin and bimetal materials such
as used in beverage containers, siding, and other recyclable manufactured
metal items.
means any premises, four units or more per parcel, that is
serviced in a manner similar to commercial and industrial property
(bin or debris box), but used for residential purposes (not including
hotels or motels) irrespective of whether residence therein is transient,
temporary or permanent.
means any landfill that is subject to Title 27, Division
2, Solid Waste, of the California Code of Regulations.
means materials printed on newsprint.
means anything which is injurious to human health, or is
indecent or offensive to the senses, and interferes with the comfortable
enjoyment of life or property, and affects at the same time an entire
community or neighborhood, or any number of persons, although the
extent of annoyance or damaged inflicted upon the individual may be
unequal, and which occurs as a result of the storage, removal, transport,
processing, or disposal of solid waste and/or recyclables.
includes and means every owner, tenant, or person having
the care or control of any premise(s).
for purposes of this chapter, means any office, combination
of offices or connected building or office space, regardless of office
affiliation, ownership or occupancy.
means wastepaper grades of white and colored ledgers. Examples
include forms, copy paper, stationery, and other papers that are generally
associated with desk activity.
means office paper, corrugated cardboard, newspaper and aluminum.
means any biodegradable material identified by the City such
as yard waste, plant trimmings, food scraps, and paper that can be
segregated from garbage and collected and recycled for the purpose
of composting, anaerobic digestion, or processing with other organics
processing methods.
has the same meaning as organic materials as defined in this
chapter.
means "franchisee."
means any individual, firm, association, organization, partnership,
corporation, business trust, joint venture, the United States, State
of California, political subdivision, government agency, municipality,
public corporation, or any other entity whatsoever.
means plastic containers with narrow necks, or mouth openings
smaller than the diameter of the container, bottles used for containing
milk, juice, soft drinks, or water intended for human consumption;
to be distinguished from non-food bottles such as those for containing
motor oil, detergent, or other household products.
means pollution, as defined herein, contained within "urban runoff" as defined in Section 8.30.030 of the Imperial Beach Municipal Code.
means the condition caused by the presence in or on a body
of water, soil, or air of any solid waste or substance derived therefrom
in such quantity, of such nature and direction, or under such condition
that the quality, appearance, or usefulness of the water, soil, land,
or air is significantly degraded or adversely altered.
means a tract or parcel of land with or without habitable
buildings or appurtenant structures.
means the reduction, separation, recovery, or conversion
of solid waste.
means any discarded materials placed in a recyclable container that are not identified as designated recyclable materials as identified in Section 8.36.200.
means wastes that are capable of being decomposed by microorganisms
with sufficient rapidity as to cause a nuisance because of odors,
gases or other offensive conditions. Material in this category includes,
but is not limited to, kitchen waste, dead animals, food from containers,
etc.
means any waste, which exceeds regulatory levels of activity
as defined in Chapter 7 of the California Health and Safety Code.
means those bottles marked PETE (1) and HDPE (2) on the bottom
of plastic beverage containers.
means any process by which materials which would otherwise
become solid waste are collected (source-separated, commingled, or
as "mixed waste"), separated and/or processed and returned to the
economic mainstream in the form of raw materials or products or material
which are otherwise salvaged or recovered for reuse.
means any mixture of putrescible and non-putrescible solid
and semisolid wastes, including, but not limited to, garbage, trash,
residential refuse, industrial and commercial solid waste, vegetable
or animal solid and semi-solid wastes, and other solid waste destined
for disposal sites.
means any vehicle used for the collection and/or transport
of solid waste. Vehicles shall be durable, easily cleanable and designed
for safe handling, and constructed to prevent loss of wastes from
the vehicle during collection or transport. If such equipment is used
to collect or transport garbage, other wet or liquid producing wastes,
or wastes composed of fine particles, such equipment shall in all
cases be non-absorbent and leak resistant.
means the act of taking solid wastes or recoverable material
from the place of generation either by an approved collector, agent
for the collector or by a person in control of the premises.
means nonputrescible solid wastes.
means the uncontrolled and/or unauthorized removal of solid
waste materials, recyclable or recoverable materials.
means a person or business that hauls organic waste or recyclable
material he or she has generated to a high diversion organic waste
processing facility.
means a structure containing a dwelling unit that is serviced
with solid waste and recycling removal.
means all putrescible and nonputrescible solid, semisolid
and liquid wastes, including, but not limited to, refuse, trash, polluted
urban water runoff, garbage, rubbish, paper, ashes, industrial wastes,
construction and demolition waste, abandoned vehicles and part thereof,
discarded home and industrial appliances, manure, vegetable or animal
solid and semisolid wastes and dewatered, treated, or chemically fixed
sewage sludge, which provided that sludge is not hazardous waste.
Solid waste to be collected by a franchisee does not include any of
the following waste:
means and includes a solid waste transfer or processing facility,
a construction, demolition and inert debris processing/disposal facility,
a compostable materials handling facility, a transformation facility,
an incinerator or a disposal facility.
means a planned program for effectively controlling the generation,
storage, collection, transportation, processing and reuse, conversion
or disposal of solid waste in a safe, sanitary, aesthetically acceptable,
environmentally sound and economical manner. It includes all administrative,
financial, environmental, legal and planning functions as well as
the operations aspects of solid waste handling, disposal, litter control
and resource recovery systems necessary to achieve established objectives.
means the interim containment of solid waste, materials and
recyclables in an approved manner.
means any food or beverage containers that are composed of
steel with a tin coating or steel and aluminum.
means a carrier, usually insects or rodents, which are capable
of transmitting a disease.
means kitchen or other large appliances.
means lumber and wood products but excludes painted wood,
wood treated with chemicals, and pressure treated wood.
means leaves, grass, weeds and wood materials from trees
and shrubs.
(Ord. 846, 1992; Ord. 2003-1001 § 1; Ord. 2005-1027 § 3; Ord. 2006-1042 § 1; Ord. 2020-1193 §
2; Ord. 2022-1213 § 2)
No garbage, brush, dead terrestrial or marine animal, rubbish,
construction wastes or discarded appliances, or any diseased, putrid
or offensive terrestrial or marine animal or vegetable matter, or
refuse of any kind or character whatsoever shall be placed or allowed
to be placed or remain upon the pier, any vacant lot, park, public
or private property, street, road, highway or alley within the corporate
limits of the City, and the same are declared to be a public nuisance,
except that home composting of yard waste and compostables as defined
in this chapter is exempt from the provisions of this section. It
is further unlawful for any person to deposit or place such material
in any garbage or refuse container owned or used by the owner of such
property unless such person first obtains the permission of said owner
to do so.
(Ord. 98-928 § 1; Ord. 2020-1193 § 2)
A.
Self-haulers
shall comply with the following organic waste requirements:
1.
A
self-hauler shall haul organic materials, to a high diversion organic
waste processing facility; or
2.
A
self-hauler shall separate organic materials that are accepted in
City's recycling collection program, which are generated on site,
from solid waste; and
a.
A Self-hauler shall haul the organic materials to a facility that
recovers those materials; and
b.
A self-hauler shall haul the organic materials to a solid waste facility,
operation, activity, or property that processes or recovers organic
waste, or to a high diversion organic waste processing facility.
B.
Self-haulers
that are commercial businesses, including multifamily residential
dwellings, shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, property, or high
diversion organic waste processing facility that processes or recovers
organic waste. This record shall be subject to inspection by the City
or designee. The records shall include the following information:
1.
Delivery
receipts and weight tickets from the entity accepting the waste. Notwithstanding
the foregoing, if the material is transported to an entity that does
not have scales on-site or employs scales incapable of weighing the
self-hauler's vehicle in a manner that allows it to determine the
weight of waste received, the self-hauler is not required to record
the weight of material but shall keep a record of the entities that
received the organic waste; and
2.
The
amount of material in cubic yards or tons transported by the self-hauler
to each entity.
(Ord. 2022-1213 §2)
A.
No person
shall provide a solid waste collection service within the City except
in accordance with a franchise granted by the City of Imperial Beach.
B.
Through
the granting of one or more franchises, the City Council shall provide
solid waste collection services to all owners and occupiers of property
within the City limits.
C.
The
charge for such service shall be due and payable by each owner or
occupier of property according to the schedule of rates and charges
established, from time to time, by resolution of City Council. No
person shall willfully fail, neglect, or refuse, after demand by contract
agent, to pay the fees as prescribed in the schedule contained in
said resolution. The franchisee will provide the billing and be totally
responsible for collection of payments until payment collection is
accepted by the City. Residential customers shall not be billed more
than three months in advance. The franchisee shall not cancel service
for nonpayment of refuse fees without written approval by the City
Manager. Single-family residential customers may voluntarily suspend
service upon vacating the residence providing service is resumed immediately
upon the residence being reoccupied. Multifamily residential complexes
may voluntarily suspend service upon vacancy of all units within the
complex providing service is resumed immediately upon at least one
unit being reoccupied. Commercial billing shall be monthly in arrears
of service.
D.
A senior
citizen refuse discount program will be established by the contractor
for senior citizens (persons 65 years and older). The City Council
may from time to time, by resolution, fix the rate and payment schedule.
E.
Notwithstanding
the foregoing, the City of Imperial Beach may contract for the removal
of solid waste from streets and public places to prevent or reduce
the accumulation of such materials that may enter the City's stormwater
system.
(Ord. 846, 1992; Ord. 93-869; Ord. 96-903; Ord. 96-904 § 1; Ord. 2005-1027 § 4; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
In the event of nonpayment for refuse collection service rendered to any residence, the franchisee shall continue to provide such service, subject to reimbursement as provided in Section 8.36.055(E) of this chapter.
(Ord. 96-904 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
The City Council shall from time to time by resolution establish
a collection fee/rate. The collection fee/rate will be designed to
cover the administrative costs associated with accounts turned over
to the City for collection purposes. The fee/rate will be added to
the delinquent account's bill once the bill is turned over to the
City for collection. The collection fee/rate will be due and payable
at the time the delinquent bill, which has been turned over to the
City for collection, is paid.
(Ord. 96-904 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
Residential billings will be quarterly in advance of service
with payment due within 60 days. The obligation to pay the refuse
collection charges provided in this chapter is upon the legal owner
or owners of the residential unit so served. Nothing in this section,
however, shall prevent an arrangement or the continuance of an arrangement
under which payments for refuse collection services are made by a
tenant or tenants, or any agent, on behalf of the owner; provided,
any such arrangement shall not affect the owner's obligation for payment
of said charges for services rendered.
(Ord. 96-904 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
Franchisee
may declare an account delinquent on or after 75 days from the commencement
of service date or the beginning of the quarterly billing period,
whichever is appropriate. Franchisee will make an aggressive, good
faith effort to obtain payment from the account holder and residence
owner.
B.
Provided
adequate arrangements have not been made between franchisee and delinquent
account holder or residence owner by the 150th day from the commencement
of service or beginning of the quarterly billing period, whichever
is appropriate, the franchisee may submit the total unpaid bill amount
to the City Manager for collection.
C.
Upon
receipt of assignment of the debt from franchisee, the City Manager
shall advise the debtor owner in writing of: (1) the assignment of
the bill for collection to the City; (2) an additional charge added
to the bill of a collection administration fee/rate as established
by Council; (3) the imposition of a lien processing fee of 10% of
the bill should the bill be filed as a lien against the property,
and (4) the charge of the current county lien fee when the filing
of a lien with the County Auditor is necessitated. A 30 days' notice
will be given to permit payment of the debt to the City to avoid payment
of the 10% lien filing fee and current county lien fee. All fees and
charges are due and payable with the bill once the bill is assigned
to the City for collection.
D.
Originally
billed amounts which are collected by the City shall be paid to the
contractor on a quarterly basis. All bills uncollected within 60 days
of the end of the State of California fiscal year (SFY) will be paid
to the franchisee within the following 30 days. All fee, interest,
penalty, and lien charges collected shall be retained by the City.
(Ord. 96-904 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
The
City Manager may initiate proceedings to make delinquent franchisee
refuse collection fees and other administrative charges approved by
Council a special assessment against properties for which such debts
were assigned to the City for collection.
B.
A report
of delinquent charges shall be transmitted to the City Council, which
shall fix a time, date and place for hearing the report and any protests
or objections thereto.
C.
The
City Council shall cause notice of the hearing to be mailed to the
owner of real property to which service was rendered no less than
10 days prior to the date of hearing. At the time fixed for said hearing,
the City Council shall hear any objections of the owner liable to
be assessed for delinquent accounts. The City Council may make such
revisions to the report as it deems just and if satisfied with the
correctness of the report as submitted or revised shall confirm or
reject it by resolution. The decision of the City Council on the report
and on all protests or objections thereto are final and conclusive.
D.
Upon
confirmation of the report by the City Council, the delinquent charges
contained therein shall constitute a special assessment against the
property and shall be forwarded to the San Diego County Auditor as
provided by Sections 39580 through 39586, inclusive, of the Government
Code of the State of California, to be collected at the same time
and in the same manner as ordinary real property taxes are collected
and shall be subject to the same penalties and procedures of sale
as provided for delinquent, ordinary real property taxes. The assessments
are subordinate to all other liens except those for state, county
and municipal taxes with which it has parity. The lien shall continue
until the assessment and all interest and penalties due and payable
thereon are paid. All laws applicable to the levy, collection and
enforcement of municipal taxes are applicable to such special assessments.
E.
There
is created in the general fund an account entitled "property owners'
delinquencies for refuse collection service." This account is funded
from refuse services franchise fees and shall be credited with such
delinquencies as are collected by the County Tax Collector or otherwise
collected for release of lien remitted to the City. The City will
in turn, debit the account for payment to the contractor of delinquencies
collected exclusive of fees and charges imposed by the City. Collection
fees and charges imposed by the City shall be cleared to the general
revenue account.
(Ord. 96-904 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
Every
owner, tenant, occupant or person owning or having the care and control
of any premises in the City shall keep such premises or those under
his or her care and control in a clean and sanitary condition, and
no person shall permit any garbage, rubbish, brush, dead animal, construction
waste or discarded appliances, or any diseased, putrid or offensive
animal or vegetable matter, or any other substance which may be or
will become offensive, to be deposited or to remain in or upon any
premises owned or occupied by him or her or under his or her care
and control except as otherwise provided by law. It shall be the responsibility
of such person to provide for scheduled garbage, rubbish or refuse
collection by means of the services of the collector/franchisee to
ensure removal of all solid waste accumulated on the property or premises
on a weekly basis to prevent propagation, harborage or attraction
of flies, rodents or other vectors, and the creation of nuisances.
B.
It shall
be mandatory to utilize the services of the City's franchised collector(s)
and to pay the City's franchised collector collection charge established
by the City for such service; provided, however, that any such person
subject to the mandatory requirement may apply for an exemption therefrom
to the collector upon a showing of proof of weekly disposal of trash
at an authorized dump. Any dispute as to such exemption may be appealed
to the City Manager. Home composting of yard wastes and compostables
as defined herein is permitted.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person shall collect, remove or convey, or cause or permit
to be collected, removed or conveyed, any garbage or refuse of any
kind whatsoever upon or along any public street, alley or any other
public place in the City; provided, however, the prohibitions of this
section shall not apply to authorized employees of the City, or to
any person or firm or employees thereof, with whom the City has entered
into a contract for the collection, removal or disposal of garbage
or rubbish or refuse, or to the occupant or owner of any residence
from personally removing garbage or rubbish from such residence or
commercial establishment. It is unlawful for any person to burn or
bury any garbage or refuse as a means of disposing of such garbage.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person shall place or deposit in any receptacle for collection
pursuant to this chapter any waste classified as hazardous, biohazardous,
radioactive, or any narcotics or controlled substances, or similar
substances dangerous to collection and disposal personnel.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person shall transport or collect hazardous wastes without
compliance with applicable state law. No person shall deposit, dump,
spill or otherwise allow to be placed on a county solid waste facility
not designated as a hazardous waste disposal facility, any waste classified
as hazardous or infectious by state and federal law or county ordinance.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person shall convey or transport refuse upon or along any
public highway in the City unless such refuse is contained and covered
so as to prevent it from leaking, dropping, falling, blowing or scattering
from the vehicle in which it is being conveyed or transported; provided,
however, a refuse truck engaged in the collection of solid waste may
be uncovered while in the process of acquiring its load where such
stops are separated by less than one mile. When traveling between
pickup stops and a disposal area, all loads of solid waste must be
completely covered. All vehicles and equipment used in the transport
of any form of solid waste shall be kept clean, and no person shall
drain the liquid from any such vehicle upon any road or highway or
upon any other land in such a manner as to create an unsanitary condition.
Persons hauling solid waste on the public highways shall completely
empty the solid wastes from their vehicles and/or containers at the
disposal sites in order to prevent the scattering of residue on the
return trip.
(Ord. 846, 1992; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No refuse shall be placed for collection on the curb of the
streets before 6:00 p.m. on the day immediately prior to the scheduled
collection day. No person shall permit refuse receptacles to remain
on the street after 8:00 p.m. of the collection day. The collection
point for residential units using 90-gallon or smaller receptacles
provided by the franchisee shall be in front of the residential property
at the curbline or as close thereto as possible without creating an
obstacle on the sidewalk, and accessible to be serviced by a mechanized
vehicle.
(Ord. 846, 1992; Ord. 2005-1027 § 6; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No vehicle shall remain parked so as to interfere with access
to collection receptacles by mechanized collection vehicles.
(Ord. 846, 1992; Ord. 2005-1027 § 7; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
When
recyclable or salvageable materials are placed at curbside or on a
street, road, alley or any designated pickup location, as provided
in this chapter, they shall become the property of the City or its
duly authorized agent. It is unlawful for any person other than an
owner, lessee, occupant or representative of the City or its agent
to move, remove, interfere with, disturb or tamper with such recyclable
or salvageable materials or their containers for his or her own use.
This does not exclude duly licensed nonprofit organizations and community
groups from conducting recycling programs for the purpose of raising
funds, nor does it exclude private individuals from selling or otherwise
disposing of their own recyclable or salvageable material.
B.
It is
unlawful for any person or persons other than the collector, as defined
in this chapter and authorized by the City, to collect garbage, rubbish
and other refuse, to interfere in any manner with any receptacle,
whether owned by private persons or by the contractor, containing
garbage, trash, rubbish or the contents thereof, or to remove any
such receptacle from the location where the same was placed by the
owner thereof, or to remove the contents of any such receptacle.
(Ord. 846, 1992; Ord. 2005-1027 § 7; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person or persons shall leave, discard, deposit, throw away
or cause to be left, discarded, deposited or thrown away any container
of any type of solid waste, food, paper, wood, garbage or any refuse
of any kind whatsoever upon any street, alley, gutter, sidewalk, parkway,
park or recreational area in the City.
(Ord. 846, 1992; Ord. 2005-1027 § 7; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
It shall be and it is declared to be unlawful for any person,
firm, company or corporation to deposit upon any sidewalk or street
within the City any sweepings from any sidewalk, stairway or other
opening leading to the street or sidewalk. All such sweepings or material
from any sidewalk or any other opening leading to the street or sidewalk
within the City shall be removed in a pan, shovel or other container
and placed in a receptacle for rubbish.
(Ord. 846, 1992; Ord. 2005-1027 § 7; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
It is the duty of all owners and occupants of buildings in the
City and the duty of all owners of vacant lots in the City to keep
the sidewalks, curbs, gutters, parkways, and alleys adjacent to such
premises clean and free of any type of solid waste, food, paper, wood,
garbage, pollution, or refuse of any kind whatsoever, and all noxious
or unsalutary weeds and vegetation.
(Ord. 846, 1992; Ord. 2005-1027 §§ 8, 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2; Ord. 2023-1236, 10/18/2023)
Where a salvaging operation is authorized within the incorporated
limits of the City the following shall apply:
A.
All
storage containers shall be identified with the name and telephone
number of the owner or the responsible agency or person.
B.
Storage
containers for salvage shall be equipped with lids when appropriate.
C.
All
containers shall be of sufficient size so as to contain all the material
deposited.
D.
Containers
shall not be allowed to overflow. Removal of the contents in a container
shall be done as frequently as necessary to avoid the creation of
a public nuisance.
E.
Containers
which do not comply with the requirements of this section shall be
condemned for use as salvage containers. The Director shall mark containers
found to be in noncompliance. Continued use of non-complying containers
shall constitute a public nuisance.
F.
The
placement or retention of a storage container that encroaches on the
public right-of-way requires a permit.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
The
fees will be established by resolution of the City Council. The City
Council may from time to time amend such resolution.
B.
Residents
and commercial establishments are required to pay the established
fees for recycling, unless specifically exempted by resolution of
the City Council. The City Council, by resolution, may also provide
discounted rates for recycling.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
Containers
for designated recyclables shall be provided by collectors to each
of their customers, for collection of designated recyclables.
B.
Containers
provided by the collector to single-family and multifamily residences,
commercial and industrial entities shall effectively segregate the
designated recyclables for pickup.
C.
All
designated recyclable materials shall be separated from other garbage
and combined refuse, and grouped together and placed for collection
in the same manner and to coincide with their regular refuse collection.
The disposal of designated recyclable materials with garbage and combined
refuse is prohibited.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
The following are the designated recyclable materials subject
to this designation:
|
Use
|
Designated Recyclable Materials
|
|---|---|
|
Residential
|
Paper, plastic, glass, metal, white goods (appliances), organic
materials, and yard waste.
|
|
Commercial
|
Paper, plastic, glass, metal, white goods (appliances), organic
materials, and yard waste.
|
|
Special Events
|
Paper, plastic, glass, metal, white goods (appliances), and,
organic materials.
|
|
Industrial and Construction
|
Dirt, asphalt, sand, land-clearing brush, concrete, metal, wood,
rock, and other construction and demolition debris.
|
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2006-1042 § 2; Ord. 2020-1193 § 2; Ord. 2022-1213 §
2)
A.
De Minimis
Waivers. The City may waive a commercial business's obligation (including
multifamily residential dwellings) to comply with some or all of the
organic materials requirements of this chapter if the commercial business
provides documentation that the business generates below a specified
amount of organic materials. Commercial businesses requesting a de
minimis waiver shall:
1.
Submit
an application specifying the services that they are requesting a
waiver from and provide documentation that either:
a.
The commercial business's total solid waste collection service is
two cubic yards or more per week, and organic materials comprise less
than 20 gallons per week per applicable container of the business's
total waste; or
b.
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic materials comprise
less than 10 gallons per week per applicable container of the business's
total waste;
2.
Notify
the City if any circumstances change such that commercial business's
organic materials exceed thresholds required for the de minimus waiver,
in which case waiver will be rescinded; and
3.
Provide
written verification of eligibility for de minimis waiver every five
years, if the City has approved a de minimis waiver.
B.
Review
and Approval of Waivers by City. The City Manager or the City Manager's
designee shall be responsible for review and determination of any
waiver submitted to the City for approval.
(Ord. 2022-1213 § 2; Ord. 2022-1213 § 2)
It is mandatory for all single-family residential, multifamily
residential, commercial businesses and industries (including demolition
and construction) in the City to separate for recycling purposes all
designated recyclable materials and otherwise participate in a mandatory
recycling program as described by this chapter, required by state
law, or as authorized by City Council resolution.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2006-1042 § 3; Ord. 2020-1193 § 2; Ord. 2022-1213 §
2)
A.
The
City Council shall establish and promulgate reasonable regulations,
guidelines and other program matters as to the establishment of recycling
programs for all residents, businesses and industries, including the
manner, days and times for the collection of designated recyclables.
In an effort to foster Citywide participation, and to design the best
programs for the City, all citizens, and commercial, industrial and
property managers and owners will be encouraged to provide input into
program development through participation in forums, meetings and
other means.
B.
All
businesses, including office and hospitality, institutions, and industries
shall be responsible for establishing their respective in-house recycling
programs that allow for the collection of recyclables, and transporting
and marketing of collected materials in conjunction with the City's
established recycling programs under the mandatory recycling implementation
schedule as stated herein. The City and the franchised collector shall
assist in program development, and provide technical expertise and
training materials.
C.
The
City encourages use of buyback centers, donation centers (for used
furniture and other reusable bulky items, and nonprofit agents), scrap
dealers, home and commercial composting, source reduction, and other
creative, legal and environmentally sound efforts to reduce waste
in accordance with this chapter that do not conflict with any established
or planned City-sponsored recycling, composting and source reduction
programs.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
The City Council may, by resolution, establish requirements
and procedures for commercial, institutional and industrial businesses
to submit recycling tonnage documentation to the City to comply with
state reporting requirements.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
Any
commercial business, landscape firm or other such entity establishing
a compost pile, bin, holding area or other such composting system
shall require a permit from the City. Any such operation shall be
liable for all state, county and city regulations governing the establishment
of such composting operations.
B.
Any
home composting pile, bin, holding area or system shall also require
a permit from the City if the total area used for composting is 15
cubic yards or greater within the boundaries of the residence.
C.
Any
commercial or home composting pile, bin, holding area or system shall
be maintained so as not to create a public nuisance through visual,
odor, safety and/or other means.
(Ord. 846, 1992; Ord. 2005-1027 § 9; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
Where the collector furnishes storage containers, the collector is responsible for maintaining the container in good condition, ordinary wear and tear excepted, unless the containers are furnished under other terms, conditions or agreements. Where the collector furnishes storage containers, residential, commercial and industrial customers will use only the collector furnished storage containers. The collector shall plan with the property owner, operator, and/or occupant as to placement of storage containers to minimize traffic, nuisance, litter, and other problems consistent with Section 8.36.110 of this chapter.
A.
Identification
of Containers. Containers of one cubic yard or more owned by the collector
shall be identified with the collector's name and telephone number.
B.
Containers.
Property owners and tenants shall deposit all garbage and putrescible
matter or mixed garbage and rubbish in containers designed for the
express purpose of waste storage and disposal. The containers shall
conform to the requirements established in Title 14, of the California
Administrative Code; including:
1.
Containers
shall be designed for safe handling. They shall be nonabsorbent, watertight,
vector/resistant, durable, easily cleanable, and provided with tight-fitting
lids or covers which can be readily removed.
2.
Single
use plastic and paper bags or container liners shall be constructed
of such thickness and bursting strength to resist punctures and tears,
and shall be manufactured expressly for the storage of waste.
3.
Waste
containers used for manure from stables or corrals shall be kept tightly
covered at all times and shall be sealed to prevent access to flies
and other vectors.
4.
Waste
containers, which are used for mechanized collection, including stationary
compactors, and are used for putrescibles or similar waste matter
shall be equipped with close-fitting lids and be kept clean, leak-proof
and rodent proof.
C.
Containers
for designated recyclables shall be provided by collectors to each
of their customers, for collection of designated recyclables, in accordance
with the implementation schedule designated in this chapter.
1.
Containers
provided to single-family and multifamily residences, commercial and
industrial entities shall effectively segregate the designated recyclables
for pick up.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
The owners, operator, and/or occupant of any premises, business
establishment, industry, or other property, vacant or occupied, shall
be responsible for the safe and sanitary storage of all refuse, and
designated recyclables, accumulated on the property. Designated recyclables
shall be stored separately from refuse.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
Notice
to Remove. The Director or authorized agent is hereby authorized and
empowered to notify the owner or the agent of any open or vacant private
property that a nuisance condition which is dangerous to public health,
safety or welfare has been created and to properly dispose of solid
waste located on such owner's property. Such notice shall be by registered
mail, addressed to such owner or agent at his or her last known address.
B.
Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of solid waste dangerous to the public health, safety or welfare within 30 days after receipt of written notice provided for in subsection A of this section, or within 30 days after the date of such notice in the event the same is returned to the City, because of its inability to make delivery there, provide the same was properly addressed to the last known address of such owner, or agent, the Director is hereby authorized and empowered to order the disposal or pay for the disposing of such solid waste constituting the nuisance.
C.
Assessment
for Cost—Lien Payment. The cost of abating a nuisance within
the meaning of this division shall be a special assessment against
the land of which such abatement was done. The procedure established
for the abatement of abandoned excavations by Sections 50244 through
50256, both inclusive, of the Government Code, is hereby incorporated
herein as though fully set forth at this point and, pursuant to Government
Code Section 25845, is hereby adopted as the procedure for making
the cost of the abatement of such nuisances a special assessment against
the land involved; provided, that for the purposes of Sections 50244
through 52056, the Director is the "superintendent," the Council is
the "legislative body," and the City is the "local agency"; and further
provided, that at the hearing on the superintendent's report, the
property owner may raise, and the Council shall consider, as a complete
or partial defense to the imposition of the assessment, questions
as to the necessity of the abatement and the manner in which it was
accomplished.
D.
This
section is cumulative and does not prevent the City, its designated
officers or employees from enforcing any other provisions of law.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
All refuse collection vehicles used in the transportation or collection of solid waste shall comply with the requirements of Title 14, Chapter 3, Article 5, Sections 17341 through 17345 of the California Code of Regulations. The refuse collection vehicles shall carry a shovel, broom, and fire extinguisher. Each vehicle shall be maintained in a clean condition and neatly painted. The name and address or phone number of the collector or permittee shall be painted in letters at least three inches high on each side and across the back of each vehicle. Refuse collection vehicles shall also:
A.
Be equipped
with audible automatic back-up or other acceptable warning devices,
as prescribed by Section 27000 of the California Vehicle Code.
B.
Be equipped
with a mechanical cover or tarp which is adequate to cover and contain
refuse within the vehicle, and to prevent blowing refuse.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
When any of the conditions listed below apply, the holder of a collector agreement may request approval for modification of the equipment standards in Section 8.36.280 of this chapter or for the equipment used for the storage and removal of recyclable material collected during curbside pick-up programs. Following review of the justification for the request, and upon determining that the public good may be better served, the Director of Public Works may approve modifications that he or she may deem appropriate to the specific circumstances set forth.
Conditions:
A.
Routes
or areas which are extremely difficult to serve with a standard refuse
collection vehicle;
B.
Unusual
topography;
C.
Difficult
road/driveway access problems.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
Collectors providing service shall comply with the following:
A.
Every
collector shall designate the type of service to be provided (residential,
commercial/industrial roll-offs, or commercial/industrial bins) and
the area(s) within which each service type will be provided.
B.
At the
time of opening an account and biannually thereafter, all collectors
shall notify their customers concerning the regulations governing
the disposal of designated recyclables, solid waste, hazardous and
toxic wastes. A copy of the notification form or any change thereto
shall be filed with the Director of Public Works.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
Property owners or any person being provided with residential,
commercial, or industrial collection service (solid waste, recycling
and/or green waste) in the unincorporated areas of the City shall
comply with the following regulations:
A.
All
reusable containers for collection service shall be of an adequate
size and in sufficient numbers to contain without overflowing all
the refuse that a household or other establishment generates within
the designated removal period and shall be equipped with tight-fitting
lids or closures.
B.
When
plastic or paper bags are used as containers for collection service,
they shall be tied or sealed when set out for collection.
C.
Property
owners and/or persons receiving residential, commercial, or industrial
collection service shall not place containers in a manner that impedes
access to neighboring driveways, mailboxes, or easements.
D.
Violation
of this chapter shall be charged as an infraction, except that a person
convicted of two or more violations in a one-year period may, at the
discretion of the prosecutor, be charged with a misdemeanor.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
No person shall tamper with, modify, remove from, or deposit
solid wastes into any container without the permission of the customer
who was allocated the container.
(Ord. 2005-1027 § 10; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
A.
The
City Manager or designee who is assigned to duties which include the
enforcement of solid waste regulations and laws is responsible for
enforcing the provisions of this chapter.
B.
The City Manager or designee shall have responsibility for the enforcement of all provisions of this chapter. Violations of these regulations will be subject to the provisions of Chapter 1.12 of this code, and addressed in the same manner as other violations of the City code; however, nothing in the regulations shall prevent the authorized agents or deputies from efforts to obtain voluntary compliance by way of warning, notice of violation or educational means.
(Ord. 846, 1992; Ord. 2005-1027 § 11; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions.
The City Council declares that it would have passed this chapter and
each section, subsection, clause and phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses
or phrases are declared invalid or unconstitutional, and would have
passed and adopted the same even though any parts, sections, subsections,
sentences, clauses or phrases that may be held invalid had been omitted
therefrom.
(Ord. 846, 1992; Ord. 2005-1027 § 12; Ord. 2020-1193 § 2; Ord. 2022-1213 § 2)
