Note: Prior ordinance history: Ords. 25, 148, 256, 393,
647 and 777.
The collection and disposal of solid waste and recyclable material
is a matter requiring the control and regulation by the City to protect
and further the public peace, health, safety and general welfare in
the manner set forth in this chapter. The regular, thorough and continuous
collection thereof, by qualified persons, is necessary to protect
the public peace, health, safety and general welfare. For those reasons,
it is necessary that the collection of solid waste and recyclable
materials shall be accomplished in the manner provided in this chapter.
(Prior code § 13-2.1)
The following words and phrases for the purpose of this chapter,
shall be defined as follows, unless it is apparent from the context
that a different meaning is intended:
shall mean the California Integrated Waste Management Act
of 1989, as it now exists or of the Public Resources Code, may be
amended from time to time.
shall mean that method of waste treatment in which organic
solid wastes are biologically decomposed under controlled aerobic
or anaerobic conditions.
shall mean a public or private alley located within the City.
shall mean large items or materials the size and/or weight
of which precludes or complicates its handling by any normal solid
waste collection, processing, or disposal. Examples of bulky material
are discarded pieces of household furniture, carpets, mattresses and
appliances, Christmas trees, and similar large bulky items. Bulky
material shall also mean and include tree trimmings, brush, shrubs,
or other material which is susceptible to being bundled; such materials
shall be securely tied in bundles weighing not more than 80 pounds
or being more than five feet in length and 24 inches in diameter.
Bulky material also includes Items and material identified in the
current solid waste franchise agreement.
shall mean Chapter 13.24 of this Code, as it now exists or as may hereafter be lawfully amended and lawful regulations issued pursuant hereto.
shall mean the charges permitted to be made for solid waste
and recyclable material collection services, related services, and
equipment rental, by a franchisee under a franchise issued pursuant
to the provisions of this chapter.
shall mean the Bellflower Municipal Code, as it now exists
or may hereafter be lawfully amended.
shall mean and include organic wastes, the controlled microbial
degradation of which yields a safe and nuisance free product, including
vegetative cuttings, shrubs, trunks, stumps, brushes, tree trimmings,
grasses and similar materials which have been separated from other
solid waste. Compostable waste does not include stumps or branches
exceeding four inches in diameter or four feet in length.
shall mean a franchise issued pursuant to this chapter, which
grants to a franchisee the exclusive right, to the extent permitted
by applicable law, except as is otherwise expressly provided in this
chapter, to transport and collect solid waste and recyclable material
from all lots located within the City.
shall mean a person who is designated as a franchisee pursuant
to a valid franchise, issued by the City Council pursuant to the provisions
of this chapter.
shall mean such material as is designated as hazardous waste,
hazardous material and/or hazardous substances pursuant to applicable
Federal or State laws.
shall mean any site or real property in the City upon which
solid waste is produced or accumulated or is capable of being produced
or accumulated.
shall mean each lot located in the City which is not included
within the definition of residentially zoned lot, and which has located
thereon, a building, a structure or a use, which generates or could
generate, solid waste and/or recyclable material.
shall mean the person who is legally entitled to the use
and occupancy of any lot located in the City, including any buildings
and structures located thereon.
shall mean the legal owner of a lot located within the City.
shall mean the owner and/or occupant of any lot or premises.
If a lot or premises is occupied solely by persons who are not also
the owner of such lot or premises, the owner of such lot or premises
shall be deemed to be a patron and to be a co-customer of the City's
franchisee together with the occupant(s) thereof.
shall mean a container which meets the requirements set forth
in this Code, a franchise and/or the regulations, for use for the
temporary storage of solid waste or recyclable solid waste on a lot.
shall mean materials with value that are processed and reconstituted,
and returned to the economic mainstream in the form of raw material
for new or reconstituted products rather than being placed for collection
as solid waste.
shall mean the written regulations issued by the City Manager
pursuant to the provisions of this chapter.
shall mean all of those lots located within the City which
are classified, pursuant to the City's official zoning regulations
in Zones R-l, A-E, A-l, R-2, and R-3, and which have located thereon
a building, structure or a use, which generates, or which could generate,
solid waste and/or recyclable material.
shall have the meaning ascribed to it by Section 40191 of
the Public Resources Code. Solid waste includes bulky material as
defined in this section.
shall mean any public or private street or way located within
the City.
shall mean any motor vehicle defined as such in the vehicle
code which is used for the transport of refuse in the City.
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In addition to the foregoing, the definitions contained in this Code, including Title 17, shall apply to the provisions of this chapter.
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(Prior code § 13-2.2; Ord. 1166 § 1, 6/9/08; Ord. 1170 § 1, 12/8/08)
No person shall collect, carry, convey or transport solid waste
and/or recyclable material at any location within the City unless
such person is:
A.
A franchisee,
including an officer or employee of a franchisee; or
B.
An
officer or employee of the City in the course of official duty; or
C.
Authorized
by a franchisee or by applicable law to collect and/or to transport
solid waste and/or recyclable material; or
D.
The
holder of a valid city business license:
1.
As
a gardener; and/or
2.
As
a landscape contractor; and/or
3.
As
a tree trimmer and/or remover, and who transports grass, shrub cuttings,
tree branches and roots, and other similar or related material collected
by such person from one or more locations serviced by such person
in the ordinary course of the licensed business; provided that the
transport of such material may only be to a location where such solid
waste may lawfully be disposed of or processed; or
E.
A licensed
contractor who is employed by the owner or occupant of a lot for a
lawful construction project on such lot, who is not compensated separately
for transporting solid waste and/or recyclable material generated
from the construction project; or
F.
Expressly
authorized by applicable law; or
G.
A patron
who desires to carry, convey or transport solid waste and/or recyclable
material generated by a use on a lot which is occupied by such patron.
(Prior code § 13-2.3)
No person other than a franchisee, an officer or employee of
a franchisee, the City, an officer or employee of the City in the
performance of official duty, or a person otherwise expressly authorized
pursuant to applicable law, shall remove, interfere with or disturb
in any way a receptacle or the contents thereof, or bulky material
after the same is placed at a location, for collection by the occupant
and/or owner of the lot upon which the solid waste, recyclable materials
or bulky material was generated.
(Prior code § 13-2.4)
The placement of receptacles and bulky material on each R-zoned
lot in the City shall be accomplished in accordance with the following:
A.
General.
No person shall place or cause to be placed for collection, a receptacle
or bulky material, at any place or in any manner other than as provided
in this chapter.
B.
Bulky Material. Bulky Material shall be placed for collection at the same locations and at the same times as receptacles are placed for collection. In addition, the requirements of Section 13.24.100 of this chapter shall apply to the placement and collection of bulky material.
C.
Time
of Placement. No person shall place or cause to be placed solid waste,
recyclable material and/or bulky material for collection generated
by a use or uses on an R-zoned lot at any time other than on the days
established pursuant to a franchise for the collection of solid waste
and recyclable material, nor before 6:00 p.m. on the day immediately
prior to the day designated for such collection; nor shall any person
permit such receptacle or bulky material to remain thereat after 8:00
p.m. on the designated day of collection.
D.
Location
of Placement. Any receptacle or bulky materials as to R-zoned lots
which is permitted to be placed as follows:
1.
For
street and alley collection shall be placed on the lot as close to
the curb line as is practical, or if there is no curb, as close to
the street right-of-way line separating the lot from the street as
is possible;
2.
For
alley collection shall be placed on the lot as close to the alley
right-of-way line separating the lot from the alley as is possible.
E.
Removal
of Receptacles. After the collection of solid waste and/or recyclable
material from an R-zoned lot, each receptacle shall be promptly removed
from the location for collection and returned by the owner/occupant
of the lot to a location on the lot permitted pursuant to the provisions
of the City's official zoning regulations, not later than 8:00 p.m.
on the designated day of collection.
(Prior code § 13-2.5)
The temporary storage of solid waste and/or recyclable materials
on non-R-zoned lots shall be permitted only at locations on such lots
as is expressly authorized pursuant to the City's official zoning
regulations.
(Prior code § 13-2.6)
A.
Origin.
No person shall store, accumulate or maintain any solid waste or recyclable
material on any lot, unless such solid waste and/or recyclable material
was generated by a lawful use located on such lot. Except as otherwise
expressly provided in this Code, such storage shall only be in a receptacle.
B.
Temporary
Storage. The storage and accumulation of solid waste and/or recyclable
material on any lot permitted pursuant to this Code, shall be temporary
only. Solid waste and/or recyclable material may be stored on any
lot in the City, only for a period of time, not, in any case, exceeding
seven consecutive days, following the generation and accumulation
of such solid waste and/or recyclable material.
(Prior code § 13-2.7)
A.
No
person shall place for collection any solid waste and/or recyclable
material in any receptacle other than one provided by the franchisee.
B.
It
is unlawful for any person to place on any private property any receptacle
for the collection of solid waste and/or recyclable material which
receptacle has not been provided by the franchisee.
C.
It is unlawful for any person to place a receptacle for the collection of solid waste and/or recyclable material in or on the public property unless such receptacle has been provided by the franchisee and either 1) placement of the receptacle is consistent with the provisions of Sections 13.24.050 and 13.24.060 of this Code or 2) an encroachment permit has been obtained from the City.
D.
It
is unlawful for any person with any ownership interest in real property
within the City to permit a receptacle for the collection of solid
waste and/or recyclable material to be located on such real property
if such receptacle has not been provided by the franchisee.
E.
The provisions of Subsections (A), (B), and (C) of this section shall not apply to any person permitted to collect, carry, convey, or transport solid waste and/or recyclable material pursuant to Section 13.24.030 of this Code, provided such person is in full compliance with the provisions of that section. The provisions of Subsection (D) of this section shall not apply to a property owner who permits a receptacle to be placed on that owner's real property by a person exempt from the provisions of Subsections (A), (B), and (C) of this section, as set forth in this subsection.
F.
All receptacles for the storage, collection, or transportation of solid waste and/or recycled materials, whether provided by the franchisee or by a person exempt from this chapter pursuant to Subsection (E) of this section, shall be maintained in a clean and serviceable condition, free of graffiti.
(Prior code § 13-2.8)
A.
Any receptacle used for storage or transport of solid waste and/or recyclable material, the placement or use of which violates Section 13.24.080 of this Code (for purposes of this section, an "unlawful receptacle"), may be removed by the City Manager from any premises in the City and impounded pursuant to the provisions of this section. In the event the unlawful receptacle has contents, such contents may be impounded along with the unlawful receptacle.
B.
The
City Manager may remove and impound any unlawful receptacle, and any
contents thereof, which is located on any City-owned property pursuant
to the provisions of this section. Prior to removing an unlawful receptacle
located on such property, the City Manager shall give notice to the
owner of the receptacle, identifying that the receptacle is in violation
of this section, and stating that if the receptacle is not removed
within 24 hours, it will be removed and impounded by the City together
with any contents, which may thereafter be processed and disposed
of as set forth in this section. The notice shall be given by posting
on the receptacle, and by telephone, if a telephone number is displayed
on the receptacle. Notwithstanding the foregoing, if such a notice
has been given at any prior time to the person identified on the receptacle,
such person shall be deemed to have had notice of the requirements
of this section and no further notice need be given prior to impoundment
of an unlawful receptacle which has similar identification on it.
If the unlawful receptacle is not removed from the City-owned property
within 24 hours, it is subject to impoundment, together with the contents
thereof.
D.
The
City Manager shall retain an impounded receptacle for a period of
not less than 30 days, but may process and dispose of the contents
of an impounded receptacle at any time following impoundment if he
or she determines such processing and disposal is necessary to comply
with the diversion requirements of the California Waste Management
Act of 1989 (AB 939) or to preserve the public health, safety, or
welfare.
E.
Within
two business days after removal of an unlawful receptacle, the City
Manager shall mail written notice to the owner of the receptacle,
if an address can be ascertained from information on the receptacle
itself, or to the owner of the property from which the receptacle
was removed, if removed from private property and the owner of the
receptacle cannot otherwise be ascertained. Such notice shall advise
that the receptacle has been removed by the City, and if not redeemed
within 30 days by the owner thereof, and all applicable charges paid,
may be disposed of by the City in any manner which the City deems
appropriate. The charges to redeem an unlawful receptacle shall be
as established by resolution of the City Council.
(Prior code § 13-2.8.1)
A.
Pursuant
to State law, each owner of premises is required to maintain the sidewalk
and parkway adjacent to that premises, including but not limited to
the removal of bulky material whether or not such bulky material was
generated by an occupant of such premises or placed on the owner's
premises without the owner's consent. Consistent with such obligation,
each owner of each premises in the City is deemed to have authorized
the franchisee to collect bulky material located in the sidewalk,
parkway area, or right-of-way adjacent to such owner's premises, whether
or not a request for removal has been received. The owner shall be
responsible for all costs of such removal, including payment to the
franchisee of a service rate.
B.
Any
patron placing bulky material for collection by the franchisee, and
any patron owning or occupying any lot or premises on which bulky
material exists on the sidewalk, in the parkway, or in the public
right-of-way adjacent to the lot or premises which such patron owns
or occupies, shall, not less than 24 hours prior to the day when solid
waste is normally collected from the patron's premises, contact the
franchisee and request that the franchisee collect such bulky material.
If such notice has been given, bulky material will be removed without
cost to the patron of a residential lot or premises. The patron of
a commercial lot or premises will be responsible for paying a per
item fee charged by the franchisee, at an amount established by the
current solid waste franchise agreement. The franchisee shall bill
the per item fee directly to the patron of a commercial lot or premises.
C.
If
bulky material is located on the sidewalk, in the parkway, or in the
public right-of-way adjacent to a premises at any time that receptacles
are not permitted in such locations, and the patron of the premises
has not requested the franchisee to collect such bulky material, the
City may proceed with such collection either through its own forces
or through the franchisee. In such case, the patron shall be responsible
for all costs of removal, including reimbursement of the City's actual
costs of collection and disposal of the bulky material, or payment
to the franchisee of a service rate as approved by the City Council.
(Prior code § 13-2.8.2; Ord. 1166 § 2, 6/9/08; Ord. 1170 § 2, 12/8/08)
No person shall cause or permit the burning of any solid waste
and/or recyclable material within the City.
(Prior code § 13-2.9)
The provisions of this chapter shall not be deemed to prohibit
active composting, if such active composting is otherwise expressly
permitted pursuant to the provisions of the City's zoning regulations.
(Prior code § 132.10)
A.
Solid
Waste and Recyclable Material Collection. The bodies of all trucks
transporting solid waste and recyclable material in the City shall
be designed and maintained so as to prevent spilling of any portion
of the load. Trucks used for solid waste and recyclable material collection
shall be cleaned daily.
B.
Cleaning
of Debris. Each franchisee shall clean and pick up and dispose of
any solid waste and/or recyclable material which is spilled, dropped
or deposited upon any public or private property, including streets
or alleys, by reason of the activities of the franchisee. Each such
franchisee shall clean up, pick up, haul away and dispose of any such
spillage.
C.
Condition
of Trucks. All trucks and other equipment used by a franchisee within
the City, shall at all times be maintained in good mechanical condition
and in a neat and presentable appearance.
D.
Equipment
Identification. Trucks and equipment shall not carry advertising material
on the exterior thereof which contains any reference to the name of
the City.
(Prior code § 13-2.11)
Each franchisee shall, at all times during the term of its franchise
have and maintain in full force and effect, such insurance coverage
as is required by law, or by its franchise. Each franchisee shall,
at all times during the term of its franchise, have and maintain on
file with the City Clerk copies of policies and certificates of insurance
relating thereto evidencing the existence of all required insurance
coverage, the latter in a form approved by the City Attorney.
(Prior code § 13-2.12)
Each franchise issued pursuant to the provisions of this chapter
shall be in the form of a written agreement executed by and on behalf
of the City and the franchisee.
(Prior code § 13-2.13)
Each franchise issued pursuant to the provisions of this chapter
shall contain, among others, the following provisions:
A.
A provision
for a franchise fee in an amount to be determined by the City Council;
and
B.
A provision
requiring compliance with the provisions of a recycling plan(s) and/or
program(s) as may be adopted, amended or implemented in the future
by the City Council of City, including, but not limited to, a provision
requiring the payment of additional fees by the franchisee to the
City to be utilized for the purpose of the implementation of such
recycling plan(s) and/or program(s); and
C.
A provision
requiring compliance with all applicable laws, including the provisions
of this Code; and
D.
A provision
against assignment; and
E.
A provision
requiring that all charges billed or collected by each franchisee,
for its franchised services shall be in accordance with the schedule
of approved charges; and
F.
A provision
establishing the term of the franchise, and the basis for termination
of the franchise;
G.
A provision
requiring the franchisee thereunder, on an exclusive basis to the
extent permitted by applicable law, to collect, transport, and dispose
of all solid waste and recyclable material generated from each lot
in the city, except for the collection, transport, and disposal of
solid waste and recyclable material which is expressly permitted by
others pursuant to this chapter;
H.
Provisions
consistent with the purpose and intent of this chapter, so as to provide
for the regular, thorough and continuous collection of solid waste
and recyclable material from all lots located in the City;
I.
Such
other provisions as the City Council may require in order to comply
with the purpose and intent of the provisions of this chapter.
(Prior code § 13-2.14)
The City Manager shall issue written regulations reasonably
required to implement the provisions of this chapter.
(Prior code § 13-2.15)
Whenever compliance with the provisions of this chapter is required
of any person, such compliance requirement shall include compliance
with all valid regulations issued pursuant to this chapter.
(Prior code § 13-2.16)
The City Council shall periodically award a franchise to a qualified
person.
(Prior code § 13-2.17)
Charges for solid waste and recyclable material collection shall
be set by the City Council, in accordance with the provisions of this
chapter and/or the provisions of the applicable franchise.
(Prior code § 13-2.18)
The occupant and/or the owner of each lot located in the City
shall, in the time and manner set by regulations issued by the City
Manager or a franchise, pay all billed charges for solid waste and
recyclable material collection services used or made available for
use, whether or not actually used, by the owner and/or occupant of
each lot in the City.
(Prior code § 13-2.19)
A.
Security
Deposits. The City or franchisee may require a customer to deposit
a sum of money with the City or franchisee to guarantee payment of
collection charges.
1.
The
City Manager, or designee, may set the amount of the deposit based
upon the average bill for the property served or for substantially
similar property not to exceed a total of three months. The City or
franchisee must credit the amount of the deposit, without any interest
payment, to the customer's account upon termination of any collection
service and after applying the deposit to any outstanding customer
collection bill(s).Any balance of the deposit then remaining with
the City or franchisee will be returned to the person making such
deposit, without interest.
2.
Any
person seeking collection service who is the property owner of record,
or any person who has the written approval of the property owner of
record, may choose to enter into a Lien Authorization Agreement, in
the form and manner prescribed by the City Manager, or designee, in
lieu of a cash deposit. By doing so, the applicant and/or the property
owner of record agree that, pursuant to applicable California law,
and upon direction of the City Council, the City is authorized to
collect and annually transfer to the County Auditor for inclusion
on the next year's tax bill of the respective property owner any delinquent
fee or charge imposed by the provisions of this chapter, including
interest and penalties. Alternatively, an action in the name of the
City may be commenced in any court of competent jurisdiction for the
amount of any delinquent fees or charges and if legal action is brought
by the City or its assignee to enforce collection of any amount charged
and due under this chapter, any judgment rendered in favor of the
City will include costs of suit incurred by the City or its assignee
including reasonable attorney's fees.
B.
Unpaid
charges due for solid waste and recyclable material collection services
are deemed a civil debt owed to the franchisee by the occupant and/or
owner of the lot to which the charges relate. Unpaid charges may be
collected by the franchisee in the time and manner as directed by
the franchisee.
(Prior code § 13-2.20; Ord. 1399 § 1, 9/14/20)
A.
Any
person who is expressly authorized by applicable statutes of the State
of California or the United States or who is expressly authorized
by a binding final judicial decision by a California or Federal court
of record, to engage in the collection of solid waste and/or recyclables
in the City shall:
1.
Have
in effect at all times while engaging in such a collection process,
a valid business license issued by the City; and
2.
File
with the City any and all reports required by AB 939, and/or other
applicable laws, including the provisions of this Code; and
3.
File
with the City such other reports as the City Manager requires in order
for the City to comply with AB 939 and/or other applicable laws.
B.
The
provisions of Subsection (A)(1) of this section, shall not apply to
a bona fide nonprofit organization.
(Prior code § 13-2.21)
A.
Definitions.
The definitions set forth in Section 5470 et seq., of the Health and
Safety Code of the State of California are hereby incorporated in
this chapter by this reference.
B.
Charges
When Due. Charges imposed pursuant to this chapter shall be deemed
delinquent on the thirtieth day following franchisees' billings for
such charges to the owner, occupant and/or patron of any lot located
within the City.
C.
Penalties.
A penalty in the amount of 10% of the charges which are delinquent
shall be imposed upon the owner, occupant and/or patron of a lot as
to which charges are delinquent.
D.
As
of June 1 of each calendar year commencing on June 1 of 1995, the
City Manager shall cause to be prepared a complete list of delinquencies
as to such charges for the period ending on May 31 of each calendar
year. Notice shall be given of delinquencies to the owner, occupant
and/or patron, of the lot to which such delinquency relates. The City
Council shall schedule a noticed public hearing for its first meeting
in July of each calendar year, commencing in July of 1999, at which
time delinquent charges together with penalties thereon shall be ordered
collected by placement of the same on the equalized assessment roll
relating to the fiscal year commencing on July 1 following the conduct
of such hearing. Thereafter, the delinquent charges together with
penalties thereon shall be collected in the same manner, by the same
persons, and at the same time as, together and not separately from,
general taxes collected on behalf of the City and other taxing authorities.
(Prior code § 13-2.22)
A.
Notwithstanding
any provision of this Code to the contrary, any commercial establishment
located in the Town Center District shall have a commercial account
with the franchisee for the collection and disposal of solid waste
and recyclable materials generated by such establishment, provided,
however, that a commercial establishment that is a tenant of a premises
where the property owner has a commercial account serving such tenant
shall be exempt from the provisions of this chapter.
B.
Any
commercial establishment located in the Town Center District and within
100 feet of a trash enclosure provided by the City shall use that
trash enclosure for the storage of its solid waste containers unless
such establishment provides on its site a dedicated area for the storage
of solid waste containers that fully complies with the provisions
of the Zoning Ordinance. It is unlawful for any person who owns, operates,
or manages a commercial establishment in the Town Center District
and uses, or is required by this section to use, a trash enclosure
provided by the City to use that enclosure in any way which is inconsistent
with the rules and regulations establishing maintenance and general
upkeep standards which have been adopted by the City. Such rules and
regulations may be established by the City Manager or designee.
C.
No person shall throw, dump, place, or deposit, or authorize, permit, or suffer the throwing, dumping, placing, or depositing, of any trash, junk, debris, garbage, rubbish, refuse, waste, recyclable material, or other discarded item in or upon any trash bin, container, or enclosure in the Town Center District without having first obtained the permission or authorization of the City's approved commercial contractor or the patron (as defined in Section 13.24.020 of the Bellflower Municipal Code) of the commercial contractor in control of said trash bin, container, or enclosure.
(Prior code § 13-2.23)
