Prior ordinance history: Ords. 729, 1178, 1350, 1468.
The words and phrases contained in this chapter shall have the
meaning commonly associated with them unless special meaning is ascribed
to them by the California Public Resources Code or the California
Code of Regulations (as either may be amended from time to time) in
which case such meaning shall apply; except that the following words
shall, for the purpose of this chapter, be defined as follows:
means that State legislation commonly known as the California
Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended)
as codified in Public Resources Code section 49000, et seq.
means a metal container, commonly referred to as dumpsters,
including compactors and any similar such devices, with a capacity
of under ten cubic yards.
means a plastic container provided by a franchisee for collection,
with a hinged lid and wheels serviced by an automated process, as
opposed to a manual process of lifting and dumping.
means the city of Laguna Beach.
means the city manager of the city or his/her duly-authorized representative or designee, who, unless otherwise determined by the city manager shall be the community development director as more fully set forth in Section 7.16.130 hereof.
means to take physical possession of, transport, and remove
solid waste from a premises.
means premises upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding single-family
dwellings upon which business activities are conducted when such activities
are permitted under applicable zoning regulations and are not the
primary use of the property. Notwithstanding any provision to the
contrary herein, for purposes of this chapter, multi-family dwellings
receiving solid waste handling services via bins shall be deemed commercial
premises.
means any and all types of solid waste receptacles, including
carts, bins, and roll-off boxes.
means a person, persons, firm or corporation that has been
issued a franchise by the city to provide solid waste handling services
within the city.
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 re-codifications of such statutes, or
identified and listed as hazardous waste by the US Environmental Protection
Agency (EPA) pursuant to the Federal Resource Conservation and Recovery
Act (42 U.S.C. Section 6901, et seq.), all future amendments thereto,
and all rules and regulations promulgated thereunder.
means any building or lot containing more than one dwelling
unit which a franchisee determines (and the city manager agrees) must
receive solid waste handling services through the use of shared bins,
since they are not reasonably able to receive individualized solid
waste handling services through the use of carts. Any ambiguity as
to whether a customer's premises qualifies as a single-family dwelling
or multi-family dwelling shall be resolved by the city manager whose
decision shall be final.
shall have the same meaning as set forth in 14 CCR, Div.
7, Ch. 12, Section 18982.
means any land, building and/or structure within the city
limits where solid waste is generated or accumulated.
means any individual, firm, corporation, association, group
or other entity.
means the process of collecting, sorting, cleaning, treating
and reconstituting materials that would otherwise become solid waste
and returning these materials to the economic mainstream in the form
of raw materials for new, reused or reconstituted products which meet
the quality standards used in the marketplace.
means that solid waste capable of being recycled, including,
without limitation, newsprint, newspaper, aluminum, cardboard, certain
plastics or metal.
means containers of ten cubic yards or larger, including
compactors.
means any person or entity that, pursuant to Section 7.16.100 of this chapter, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises.
means a building or lot containing one dwelling unit, and
for purposes of this chapter includes buildings and lots with more
than one dwelling unit where such dwelling units are determined by
the city to be reasonably able to receive individualized solid waste
handling service by the automated process utilizing carts. Any ambiguity
as to whether a premises qualifies as a single-family dwelling or
multi-family dwelling shall be resolved by the city manager.
means all discarded putrescible and non-putrescible solid,
semisolid and liquid wastes, including garbage, trash, refuse, rubbish,
construction waste, industrial waste, commercial solid waste, and
any other discarded solid, semisolid and liquid waste permitted to
be disposed of at a Class III landfill and which are included within
the definition of "nonhazardous solid waste" set forth in the California
Code of Regulations, as it may be amended from time to time. Solid
waste does not include hazardous waste (Class I), low-level radioactive
waste, untreated medical waste, or special wastes as defined herein.
means wastes other than solid waste, including sewage, sludge,
industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous
waste, animal body parts, explosive substances, radioactive materials,
acids, solvents and other materials which may not be disposed of at
a Class III landfill or which require special handling.
means all leaves, grass cuttings and shrubs that accompany
routine household or property maintenance functions.
(Ord. 1672 § 3, 2022)
The council finds that the accumulation, collection, removal,
and disposal of solid waste must be controlled by the city for the
protection of the public health, safety, and welfare. Moreover, that
to give practical effect to this policy, a comprehensive system for
the periodic collection, removal and disposal of solid waste from
all premises in the city is essential and benefits all owners and
occupants of premises in the city. Further, the accumulation and existence
of solid waste on any private premises, on, in, or upon any beach,
street, alley or public place within the city may be declared a nuisance.
No person who owns, controls, or occupies any premises in the city
shall cause, permit, or allow any such nuisance to exist thereon.
(Ord. 1672 § 3, 2022)
(a)
The
city council may by resolution or ordinance grant one or more franchises
for solid waste handling services related to solid waste generated
within the city.
(b)
Any
solid waste enterprise granted a franchise for solid waste handling
services shall operate in a manner that complies with all state laws
and regulations. This obligation shall expressly, without limitation,
require franchisees to provide all programs required by any state
law or regulation to its customers, including, as applicable, programs
that comply with recycling requirements and requirements related to
the diversion of organic waste from landfills; and, further shall
require franchisees to operate such programs in a manner consistent
with such law or regulation.
(Ord. 1672 § 3, 2022)
(a)
Arrangements
for Removal of Solid Waste Mandatory. Except as otherwise provided
in this chapter, the owner, property manager, tenant and/or person
in charge or control of each single-family dwelling, each multi-family
dwelling, and each commercial premises in the city shall either: (1)
subscribe to solid waste handling services with a franchisee for said
premises; or (2) obtain and maintain a permit as a self-hauler as
set forth in this chapter in connection with said premises.
(b)
Exception;
Vacant Premises. The above requirement to provide for solid waste
handling services shall not apply in connection with any single-family
dwelling, multi-family dwelling, or commercial premises which are
vacant for a period of forty-five days or more, provided this exception
shall only apply during the period of vacancy. Any person seeking
to avail himself/herself of the exception provided herein shall bear
the burden of providing reasonable evidence to city, pursuant to such
regulations or guidelines as the city manager is hereby authorized
to develop, demonstrating the premises was vacant for the period in
question.
(Ord. 1672 § 3, 2022)
(a)
Every
owner, occupant or person in possession, charge or control of any
premises within the city shall deposit or cause to be deposited all
solid waste generated or accumulated on such premises, and intended
for collection and disposal, in sealed, watertight bins, carts, roll-off
boxes or other containers that are either: (1) provided by, or acceptable
to a franchisee; or (2) approved by the city manager for self-hauling
purposes pursuant to this chapter. No owner, occupant or person in
possession, charge or control of any premises shall utilize a bin,
cart, roll-off box, or other container not in conformance with the
requirements hereof for the collection, accumulation, or storage of
solid waste.
(b)
Containers
provided by a franchisee shall comply with all applicable state laws
and regulations, including without limitation those related to the
color of the containers and/or container lids.
(c)
No
bin, cart, or other container shall be placed adjacent to or in a
street or public right-of-way for collection service before seven
p.m. the day prior to scheduled collection, and all containers so
placed shall be removed from the street or right-of-way by six a.m.
the day following collection.
(d)
Container
lids shall remain closed at all times that the container is unattended.
if the solid waste contained within a bin, cart, roll-off box, or
other container exceeds the actual capacity of the container, then
a larger container or multiple containers must be utilized. Any solid
waste that does not reasonably fit within a container (such as furniture
or other large bulky items) must be covered and protected, as by a
tarp, netting, or other secured material, in order to prevent the
scattering of debris by natural forces such as wind or animals. The
owner, tenant, occupant and/or person or entity in control of a premises
shall be responsible for the clean-up of any solid waste spilled,
dumped, or scattered as a result of a container overflow.
(e)
The
following specific provisions apply to solid waste placed out for
collection by a franchisee at single-family dwellings:
(1)
Solid waste intended for collection by a franchisee shall be placed
in containers and the contents of each container shall be limited
to the items designated by a franchisee's recycling and organic waste
program.
(2)
Yard waste placed for collection by a franchisee that does not fit
in a container may be placed on the ground at the collection location
at single-family dwellings if securely tied with cord into bundles
five feet or less in length, eighteen inches or less in diameter,
and not more than fifty pounds in weight.
(3)
Food waste and animal feces must be thoroughly drained and securely
wrapped to prevent leakage, odor, and access to flies and animals;
feathers and ashes must be dampened and securely wrapped; and vacuum
cleaner sweepings and packing material must be securely wrapped.
(f)
It
is unlawful and a public nuisance for any person to share, place solid
waste in, or to otherwise use the bin, cart, roll-off box or other
container of another person or business. Notwithstanding anything
contained herein to the contrary, the sharing of containers shall
be permitted under the following conditions:
(1)
The owner, property manager or person in charge or control of a premises
upon which a multi-family dwelling exists may arrange for containers
for shared use by the occupants, tenants, or persons in possession
of the dwelling units on such premises.
(2)
The occupants of a single commercial building or contiguous and adjacent
commercial buildings may share a container for solid waste handling
services at a common location, subject to approval of the city manager,
which approval may be delegated to a franchisee. Approval by the city
manager shall be based upon: (A) the type of solid waste generated
by each commercial premises; and (B) the number of containers and
frequency of solid waste collection needed to protect the public health,
welfare, and safety.
(g)
It
is unlawful and a public nuisance to place anything in a container
for collection by a franchisee that does not meet the definition of
solid waste, including, without limitation: ammunition; explosives;
chemicals; pathological, toxic, and radioactive water; acids; drugs;
medicines; human feces; unwrapped animal feces; and items which are
too large for the collection equipment or which may damage a franchisee's
collection machinery such as large pieces of metal, machine parts,
logs, and tree stumps.
(h)
It
is unlawful to use any bin, cart, roll-off box, or other container
furnished by a franchisee for any purpose other than the collection,
accumulation, and storage of solid waste; or to convert or alter such
containers for other uses; or to intentionally damage such containers.
(i)
All
containers used for the collection of solid waste at single-family
dwellings shall be stored out of public view in a side or rear yard,
an alley or an enclosed garage except on collection day. If the physical
design of the dwelling does not allow for obscuring containers from
public view because of the type of fencing or lack thereof, or lack
of an appropriate enclosed area, containers shall be stored in an
area adjacent to the dwelling at the point furthest from the closest
street or roadway.
(j)
Carts
used at single-family dwellings shall be placed for collection in
a location easily accessible to the franchisee and approved by the
city manager. Unless otherwise indicated by the city manager, cart
placement shall occur on the street side of sidewalks, in the parkway,
or in driveways next to the curb along the street in front of the
customer's premises; or when premises abut upon an alley, carts shall
be placed for collection at or next to the abutting property line
in the alley, but in no case shall the carts obstruct any vehicular
travel through the alley.
(Ord. 1672 § 3, 2022)
(a)
Single-Family Dwellings. With the exception of vacant premises meeting the provisions of Section 7.16.040(b), not less than once per week, every owner, occupant or person in possession, charge or control of any single-family dwelling or multi-family dwelling within the city shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a franchisee all solid waste stored, generated, collected, or accumulated on such premises.
(b)
Commercial Premises; Multi-Family Dwellings. With the exception of vacant premises meeting the provisions of Section 7.16.040(b), not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the city shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected, or accumulated on such premises. The city manager may provide written notice to the owner of any commercial or multi-family premises that the foregoing minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. The city manager may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule (as determined by the city manager) and/or that additional or larger containers shall be utilized (as determined by the city manager).
(Ord. 1672 § 3, 2022)
(a)
It
is unlawful, and a public nuisance, for any person to occupy or inhabit
any premises within the city for which arrangements have not been
made and kept in full force and effect for solid waste handling services
in a manner consistent with the provisions hereof.
(b)
The
keeping of solid waste in containers other than those prescribed by
this chapter, or the keeping or accumulation upon any premises of
solid waste which is offensive, obnoxious, or unsanitary, is unlawful,
constitutes a public nuisance, and may be abated in the manner provided
by law for the abatement of nuisances.
(c)
It
is unlawful, and a public nuisance, for any person or entity that
subscribes for solid waste handling services with a franchisee to
fail to participate in the recycling and organic waste programs offered
to him, her, or it by the franchisee, including by placing solid waste
in containers of a type or nature not designed for the type of waste
in question.
(d)
It
is unlawful, and a public nuisance, for any person who is permitted
as a self-hauler with city to fail to comply with all requirements
of such permit, including those related to the handling of organic
waste.
(e)
It
is unlawful, and a public nuisance, for any person or entity to fail
to comply with his, her or its obligations related to the collection
and handling of organic waste as set forth in 14 CCR, Division 7,
Chapter 12; provided, however, the city manager is authorized to provide
waivers to the requirement to participate in some or all of such obligations
where permitted by law.
(f)
It
is unlawful, and a public nuisance, for any commercial edible food
generator, or any food recovery organization or service, to fail to
meet its obligations as set forth in 14 CCR, Division 7, Chapter 12.
(g)
It
is unlawful, and a public nuisance, for any person other than a franchisee
(or its agents and employees) to collect any discarded solid waste
including recyclable material, or otherwise provide solid waste handling
services within the city. This prohibition shall not, however, apply
to:
(1)
Permitted self-haulers as defined in this chapter.
(2)
The owner, tenant or occupant of a premises who has subscribed for
and is receiving solid waste handling services with a franchisee,
when such owner, tenant or occupant is hauling materials generated
at his or her own premises to a lawful disposal or recycling facility.
This exemption does not permit the hiring of any person or entity,
other than a franchisee, to haul solid waste from one's own premises.
(3)
The collection, transportation and disposal of construction and demolition
debris by a contractor, handyman, repairman or other similar service
provider as an incidental part of the services provided to its customers,
using its own employees and equipment, rather than as a hauling service,
provided that such solid waste is not collected or transported by
a third party hired for the primary purpose of collecting and transporting
said materials, and further provided that such services comply with
any ordinances, policies and regulations of the city relating to the
collection of such materials.
(4)
The collection, transportation and disposal of yard waste and related
solid waste by a gardener or landscaper as an incidental part of the
gardening or landscaping services provided to its customers, rather
than as a hauling service, provided that such solid waste is not collected
or transported by a third party hired for the primary purpose of collecting
and transporting said materials and is delivered to a lawful disposal
or recycling facility.
(5)
Any person or entity collecting recyclable material sold or donated
to it by the person or entity that generated such recyclable material
(the "generator") provided, however, to the extent permitted by law,
if the generator is required to pay consideration for the collection,
transportation, transfer or processing of recyclable material, the
fact that the generator receives a reduction or discount in price
therefor (or in other terms of the consideration the generator is
required to pay) shall not be considered a sale or donation.
(h)
It
is unlawful, and a public nuisance, for any person, other than the
owner, occupant or person in possession, charge or control of any
single-family dwelling, multi-family dwelling, or commercial premises,
or a person authorized by law (such as a franchisee), to remove any
bin, cart, roll-off box or other container from any such premises
or from any location where it was lawfully placed for collection,
without the prior written approval of the owner, occupant or person
in possession, charge or control of such premises.
(i)
It
is unlawful, and a public nuisance, for any person to place solid
waste adjacent to a street or public right-of-way for collection by
a franchisee without having first subscribed for solid waste handling
services with such franchisee.
(j)
It
is unlawful, and a public nuisance, for any person to burn any solid
waste within the city.
(k)
It
is unlawful and a public nuisance for any person to dump, bury, place,
keep, accumulate, or otherwise dispose of any solid waste upon any
property, whether public or private, that is not lawfully permitted
for such purpose, either with or without intent to later remove the
same from such property.
(l)
It
is unlawful, and a public nuisance, for any person, other than a franchisee,
to take, remove or appropriate for his or her own use any solid waste,
including recyclable materials, which has been placed out for collection
or removal by a franchisee, regardless of whether the solid waste
is placed in a bin, cart, roll-off box, or other container.
(Ord. 1672 § 3, 2022)
In addition to complying with the requirements of Chapter 7.19 of the city's municipal code, any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling services in connection therewith: (1) by the use of containers and collection service from a franchisee; (2) as a permitted self-hauler in compliance with this chapter; or (3) in compliance with Section 7.16.070(g)(3). In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this section upon the request of a city building inspector, code enforcement officer or other city officer shall result in the red-tagging of the project by the city and a requirement that all work cease until compliance with this section.
(Ord. 1672 § 3, 2022)
The owner of every premises, and every contractor working at
such premises, shall, upon completion or demolition of any structure,
gather up and haul away, at their sole cost and expense, all solid
waste of every nature, description or kind, which has resulted from
the building or demolition of the structure, including all lumber
scraps, shingles, plaster, brick, stone, concrete and other building
material, and shall place the premises, and any other premises utilized
in such construction, in a sightly condition to the satisfaction of
the city manager.
(Ord. 1672 § 3, 2022)
(a)
General.
Self-haulers who obtain a permit from the city and are operating in
accordance with this chapter are only permitted to collect, transport,
and dispose of solid waste generated by and upon the self-hauler's
own premises. Under no circumstances may a self-hauler collect, transport,
or dispose of solid wastes generated upon premises that are not owned,
operated, or controlled by the self-hauler. Notwithstanding any other
provision of this chapter, permitted self-haulers shall not share,
place solid waste in, or otherwise use the bin, cart, roll-off box,
or other container of another person or business.
(b)
Permits.
All self-haulers shall apply for and receive a permit to operate as
a self-hauler from the city and shall comply with the following:
(1)
Each self-hauler shall obtain a permit from the city manager, and
such permit shall be renewed on an annual basis.
(2)
Each permit application, whether upon initial application or renewal,
shall include the following: (A) a list of all bins, carts, roll-off
boxes and other containers to be used by the self-hauler; (B) a list
of all transport and disposal equipment to be used by the self-hauler;
(C) a written explanation of where all solid waste will be delivered
for disposal and diversion; (D) a written plan explaining to the reasonable
satisfaction of the city manager how not less than fifty percent of
solid waste collected will be diverted from disposal in compliance
with AB 939; (E) a written plan explaining to the reasonable satisfaction
of the city manager how compliance with the requirement to divert
organic waste, in accordance with applicable laws including 14 CCR,
Division 7, Chapter 12, Section 18988.3 will be achieved; and (F)
any other information deemed necessary by the city manager to ensure
protection of public health, safety and sanitary needs.
(3)
Permit renewal applications shall additionally include: (A) receipts
from self-hauling activities undertaken in the prior year demonstrating
that the applicant has effectively diverted at least fifty percent
of all solid waste generated at its premises from landfills in a manner
that complies with the requirements of AB 939; (B) records reasonably
satisfactory to the city manager demonstrating the manner in which
organic waste was diverted from landfills in accordance with applicable
laws including 14 CCR, Division 7, Chapter 12, Section 18988.3; and
(C) receipts from selfhauling activities undertaken in the prior year
demonstrating that the applicant has delivered solid waste generated
at its premises to appropriate disposal or recycling facilities at
least as frequently as collection is required for such self-hauler
by the city manager.
(4)
The city manager shall approve the application, and issue a self-hauler
permit, if the application meets the requirements of this section,
and if the equipment, containers, diversion plan and disposal plan
meet with his or her reasonable satisfaction, and if evidence of past
diversion and disposal requirements demonstrate the applicant has
complied with the fifty-percent diversion requirement and otherwise
complied with all laws related to disposal, recycling and diversion
of solid waste, including, without limitation, the diversion of organic
waste.
(c)
Containers.
Each self-hauler shall provide its own bins, carts, roll-off boxes,
or other containers. Bins, carts, roll-off boxes, or other containers
utilized by a self-hauler must conform to industry standards for solid
waste disposal, comply with all laws and regulations, and must be
approved by the city manager in writing prior to issuance of a self-hauler
permit. In addition, any containers utilized by a self-hauler shall
comply with the following requirements:
(1)
All containers shall be maintained in good repair, and any question
as to the meaning of this standard shall be resolved by the city manager.
(2)
All containers shall be maintained in a sealed, watertight condition.
(3)
Self-haulers shall remove any graffiti that appears on containers
within twenty-four hours after becoming aware of it.
(d)
Collection
and Transport Equipment. Collection and transport equipment, including,
but not limited to, transport trucks and vehicles, utilized by a self-hauler
must be approved by the city manager in writing prior to issuance
of a self-hauler permit.
(e)
Non-Commercial
Venture. It is the intent of this chapter to prevent and proscribe
self-hauling activities undertaken as a commercial enterprise. Self-haulers
must obtain all equipment, including containers and collection and
transportation equipment, at a fair market value that does not include
any hauling services, "free" or otherwise. A self-hauler may utilize
its own employees to undertake self-hauling activities, but under
no circumstance may a self-hauler utilize an independent contractor
or any other person or entity for solid waste handling services other
than a franchisee.
(f)
Other
Recycling Obligations. Self-haulers shall recycle all recyclable materials
not otherwise addressed by this section to a degree and in a manner
consistent with standards generally applicable to the solid waste
industry and as required by State law or regulation.
(g)
Collection
Frequency. Self-haulers shall remove solid waste from their premises
at least once per week. However, upon application to the city manager
to obtain (or renew) a self-hauler permit, the city manager may determine
a different frequency for solid waste collection, transport, and disposal
from the self-hauler's premises. This determination shall be based
upon the nature of the premises, the type of solid waste generated
by the premises, and the collection capacity of the self-hauler as
demonstrated by information in the application.
(h)
Hazardous
and Special Wastes. Unless lawfully and currently licensed under State,
Federal, and local laws, no self-hauler shall engage in the collection,
transport or disposal of hazardous waste or special wastes.
(i)
Revocation. The city manager may revoke a self-hauler permit if the permittee: (1) fails to divert at least fifty percent of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (2) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Division 7, Chapter 12, Section 18988.3; (3) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the city manager; or (4) fails to comply with the provisions of this chapter or its permit. The city manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefor, and the permittee may appeal any such decision within fifteen days of the date of such notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in Section 1.15.090, et. seq., of this code.
(Ord. 1672 § 3, 2022)
(a)
In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the city for the collection of solid waste in violation of Section 7.16.070(g) (hereinafter "Unauthorized container(s)") may be impounded as set forth herein.
(b)
The
city manager may cause a notice to be placed in a conspicuous place
on any unauthorized container directing that it be removed. The notice
shall specify the nature of the violation and shall state that the
bin, roll-off box, or other container must be removed within twenty-four
hours, or it may be removed and stored by the city, and the contents
disposed of, at the expense of the owner thereof. The notice shall
indicate the time that it was posted and shall include the name and
phone number of a person designated by the city to hear any appeal
or challenge to the requirement that the container be removed; and,
further, shall indicate that any appeal of the order for removal must
occur within twenty-four hours of the posting of the notice. The posting
of a notice to remove shall constitute constructive notice to the
owner and user of the requirement to remove the unauthorized container,
and a copy of the notice shall be provided to owner of the unauthorized
container once said owners identity is ascertained by city, and if
not provided sooner, a copy of the notice shall be provided at such
time as the owner of the unauthorized container seeks to retrieve
any such container removed hereunder.
(c)
If
within twenty-four hours after a notice to remove is posted on an
unauthorized container a request for an appeal has not been received
and the bin, roll-off box, or other container is not removed, the
city manager may direct (including by delegation to the franchisee)
the removal and storage of the unauthorized container. In addition,
if the contents of the container are either comprised of a substantial
amount of putrescible solid waste or determined by the city manager
to create a threat to health and safety if not disposed of immediately,
the city manager may direct that the contents of the container be
disposed of. The owner of the unauthorized container shall be responsible
to reimburse the city for the actual cost of removal, storage, and
disposal. All amounts due to the city for the cost of removal, storage
and disposal must be paid before the unauthorized container may be
returned to the owner. Such amounts shall constitute a debt owed by
the owner to the city, and the owner shall be liable to the city in
an action brought by the city for the recovery of such amounts.
(d)
Between
the date following the date upon which any unauthorized container
is removed by the city, and the date which is five business days following
its retrieval from city, the owner of the unauthorized container may
request a hearing to appeal the city's determination that the container
is an unauthorized container subject to removal by city as set forth
herein. The city manager shall establish a procedure for such a hearing
and the method for requesting such a hearing shall be included on
the notice to remove. If the appeal is granted, any payments due to
city shall be forgiven and any amounts paid reimbursed.
(e)
If
the identity of the owner of an unauthorized container that has been
removed by the city is known to the city manager, the city manager
shall promptly cause a copy of the notice to remove to be mailed to
the owner along with a request that the owner to claim the stored
property. If the unauthorized container is not claimed within ninety-five
days after mailing of the notice to the owner, or ninety days after
removal if the identity of the owner is unknown to the city manager,
the unauthorized container and its contents shall be deemed abandoned
property and may be disposed of accordingly. The notice to be posted
on unauthorized containers shall specify that the forgoing procedure
related to abandonment will apply.
(Ord. 1672 § 3, 2022)
(a)
This
chapter may be enforced in any manner set forth in this code, or as
otherwise provided by law.
(b)
Any
person who violates any provision of this chapter shall be guilty
of a separate offense for each and every day, or any portion thereof,
of which any violation of any provision of this chapter is committed,
continued, or permitted by such person, and shall be punishable as
misdemeanor or an infraction, at the discretion of the city manager
and/or city attorney.
(c)
Penalty
for Misdemeanor Violation. Any person convicted of a misdemeanor under
any provision of this chapter shall be punishable by a fine of not
more than one thousand dollars, or by imprisonment in the county jail
for a period not exceeding six months, or by both such fine and imprisonment.
(d)
Penalty
for Infraction Violation. Any person convicted of an infraction under
any provision of this chapter shall be punished by:
(1)
A fine not exceeding one hundred dollars for a first violation;
(2)
A fine not exceeding two hundred dollars for a second violation of
the same provision within one year; and
(3)
A fine not exceeding five hundred dollars for a third and for any
additional violation of the same provision within one year.
(e)
Violations Related to State Mandated Organic Waste Obligations. In addition to any other available remedy, any violation of 14 CCR, Division 7, Chapter 12, or any of the provisions hereof which address such obligations, shall be subject to the provisions of Chapter 1.15 of the city's municipal code related to administrative citations, modified as follows:
(f)
Violations
Deemed to be a Public Nuisance. In addition to any penalties otherwise
imposed, any violation of the provisions of this chapter is deemed
to be a public nuisance which may be abated in the manner provided
by law for the abatement of nuisances.
(g)
Attorney
Fees. In addition to any civil and criminal penalties as provided
by the provisions of this chapter or otherwise, the city may recover
reasonable attorneys' fees and court costs, and other such expenses
of litigation and/or prosecution as it may incur by appropriate lawsuit
against the person found to have violated any provisions of this chapter.
(Ord. 1672 § 3, 2022)
(a)
The
city manager is authorized to carry out the provisions hereof, and
without limiting the city manager's ability to designate other individuals
to act in his or her behalf for such purposes in addition to or instead
of the city's community development director, said director of community
development is hereby specifically designated as one such designee.
(b)
The
city manager, or his/her designee with the approval of the city manager,
shall adopt such rules and regulations as may be necessary for the
proper administration and enforcement of this chapter including regulations
relating to the required frequency of solid waste collection from
various premises, the number and type of containers required; and
any special considerations needed to implement the provisions hereof.
(Ord. 1672 § 3, 2022)
