This chapter shall be referred to as the city of West Sacramento solid waste ordinance.
(Ord. 21-21 § 2)
The city council finds and declares that:
A. 
Orderly and effective removal or diversion of solid waste, including garbage, organic waste and recyclables from within the city by the city, its collector, or permit holders is essential to the health, safety, welfare and environment of the residents of the city in that, among other results, it ensures the regular collection of such wastes in a sanitary manner pursuant to unified procedures.
B. 
In order to meet these goals it is necessary that the city promotes the reduction of solid waste generated and reduces the quantity of solid waste going to landfills.
C. 
Under California law as embodied in the California Integrated Waste Management Act (CIWMA) (California Public Resources Code Section 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling elements to reach diversion goals, and is required to make substantial reductions in the volume of waste materials going to landfills, under the threat of penalties.
D. 
Debris from construction and demolition of buildings represents a large portion of the volume of wastes being generated in the city, and that much of the debris is suitable for recycling.
E. 
The city's commitment to the diversion of waste and to compliance with state law requires the establishment of programs for waste reduction, diversion, recycling, and salvaging residential, commercial and construction and demolition materials.
F. 
The State of California has found and declared that the amount of solid waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for state and local agencies to enact and implement an aggressive integrated waste management program. The state has, through enactment and amendment of CIWMA, including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible state agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material which must be disposed.
G. 
The environmental benefits of organic waste diversion and recycling would contribute to the city's achievement of its greenhouse gas emissions reduction goals.
(Ord. 21-21 § 2)
For purposes of this chapter the following definitions apply:
"Act"
means the California Integrated Waste Management Act of 1989 (sometimes referred to as CIWMA or "AB 939"), Public Resources Code Section 40000 and following as it may be amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
"Biomedical waste"
means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
"Bulky waste"
means discarded furniture, carpets, mattresses, household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items, large household goods, including lawn and garden equipment (drained of fluids), tree and brush limbs, bicycles, and other similar large personal items.
"City"
means the city of West Sacramento.
"City manager"
means the city manager of the city of West Sacramento and/or his or her designee.
"Collector"
means the person or company under contract with the city to collect garbage, organic waste or recyclables.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
"Commercial service"
means all garbage, recyclable and organic waste collection service that is not residential service.
"Construction and/or demolition" or "C&D"
means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of "designated recyclable and reusable materials."
"Construction and/or demolition debris"
means commonly used or discarded materials generally not considered water soluble, and nonhazardous in nature, removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lad, linoleum, marble, plaster plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.
"Construction and demolition debris recycling plan"
means a written plan, on a form prescribed by the city manager and submitted by a project applicant for the purpose of compliance with this chapter, including a goal to achieve a fifty percent diversion requirement.
"Container"
means the cart, bin, box or other receptacle approved by the city.
"Covered project"
means any residential or non-residential project required to comply with California Green Building Standards Code, Title 24, Part 11 (CALGreen) of the California Code of Regulations and any project which consists of one or more of the following:
1. 
Demolition of a building or structure; or
2. 
Demolition of a portion of a building or structure where a demolition permit is required.
"Designated recyclable and reusable materials"
means:
1. 
Masonry building materials, including all products generally used in construction, including, but not limited to, asphalt, concrete, rock, stone and brick;
2. 
Wood materials, including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
3. 
Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction and demolition or other use;
4. 
Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;
5. 
Roofing materials, including wood shingles, as well as asphalt, stone- and slate-based roofing material;
6. 
Salvageable materials includes all salvageable materials and structures, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances.
"Drop box" or "debris box"
means a receptacle of size to be classified as a roll-off container.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Exempt waste"
means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.
"Food waste"
means food scraps and trimmings and other putrescible waste that results from food production, preparation, storage, consumption or handling. "Food waste" includes, but is not limited to, meat, poultry, fish, and dairy waste, fruit and vegetable waste including beans, nuts, eggs and eggshells, grain waste including pasta and bread, and may also include compostable food packaging items such as pizza boxes, paper towels, and food contaminated paper products.
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including food recovery services that transports food for recovery. This includes, but is not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
"Garbage"
means all putrescible and non-putrescible solid, semi-solid and associated liquid waste, as defined in California Public Resources Code Section 40191. Garbage does not include those items defined herein as recyclable materials, or organic waste that have been source-separated for purposes of diversion.
"Green waste"
means any vegetative matter resulting from normal yard and landscaping maintenance that fits in the organic waste cart utilized by the service recipient. Green waste includes plant debris, such as ivy, grass clippings, leaves, pruning, weeds, branches, brush, non-flocked holiday trees, and other forms of vegetative waste and must be generated by and at the service unit wherein the green waste is collected. Green waste does not include items herein defined as exempt waste or yucca or cactus.
"Hazardous waste"
means any solid or liquid waste that is defined, regulated or listed as "hazardous," "toxic," a "pollutant," or words of similar import under California or United States law or any regulations promulgated pursuant to such laws, as may be amended from time to time, including, but not limited to, Section 40141 of the California Public Resources Code; and "designated waste" as defined in California Water Code Section 13173(a).
"Multifamily residential dwelling"
means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green waste, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic waste must be separated at the source of generation from garbage and recyclable materials.
"Organic waste generator"
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.
"Organic waste processing facility"
means any facility selected by the city's collector that is approved by the city, or specifically designated by the city, operated and legally permitted for the purpose of receiving and processing organic waste.
"Permit holder"
means any person issued a hauling permit pursuant to Section 8.08.080, other than the collector, who loads, collects, hauls, or transports garbage, recyclable or organic waste that was generated by another person or its employees or subcontractors in the course of providing its principal service, or manufacturing or constructing or assembling its major product; by use of any means, including, but not limited to, a dumpster truck, roll-off truck, or front-load truck, except those services that are exclusive services provided by the city's collector.
"Person"
means any person, firm or corporation acting as principal, agent or officer, servant or employee, for him or herself or any other person, firm or corporation.
"Property owner"
means any person(s) owning a lot or parcel within the city.
"Recyclable material (recyclables)"
means any materials capable of being containerized and diverted from the landfill, including, but not limited to, magazines, newspapers, office paper, cardboard, chipboard, aluminum, tin and plastic beverage containers and other items that from time to time are classified as eligible for recycling. Recyclable material does not include C&D, garbage, organic waste, or hazardous waste.
"Regulated entities"
means organic waste generators, tier one and tier two commercial edible food generators, self-haulers, and property owners responsible for solid waste service.
"Residential service"
means all collection service provided to a single-family dwelling or each unit of a duplex, triplex, fourplex or other multiple-unit dwelling or mobile home receiving individual service.
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"Scavenging"
means the uncontrolled or unauthorized removal of solid waste.
"Self-hauler"
means a person who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"Solid waste"
means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, paper, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code, or medical waste. Solid waste includes garbage, recyclable materials and organic waste set out for separate collection for the purposes of recycling or other diversion, and that are not landfilled.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarkets with gross annual sales of two million dollars or more.
2. 
Grocery store with a total facility size equal to or greater than ten thousand square feet, as defined in 14 CCR Section 18982(a)(30).
3. 
Food service provider, as defined in 14 CCR Section 18982(a)(27).
4. 
Wholesale food vendor.
5. 
Food distributor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. 
Hotel with an on-site food facility and two hundred or more rooms.
3. 
Health facility with an on-site food facility and one hundred or more beds.
4. 
Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
5. 
Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
6. 
A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. 
A local education agency facility with an on-site food facility.
"Vectors"
means insects or rodents which could act as carriers of infectious material which could cause disease.
(Ord. 21-21 § 2)
A. 
It is unlawful for any person, other than the city, its collector, or hauling permit holder acting pursuant to a permit as provided in this chapter, to collect, remove or carry any solid waste through any street or road in the city or to engage in the business of soliciting accounts or invoicing customers for commercial solid waste service in the city. Every owner of property at which solid waste can be or is accumulated shall apply for the city solid waste collection service provided by the city collector(s).
B. 
Each property owner must request solid waste (garbage, recyclable material, and organic waste) service for each lot or parcel, accept the service required, and pay the proper charge for such service until the property owner notifies the city in writing to discontinue service by reason of vacancy, nonuse of the property, or transfer of ownership to another person.
C. 
No person, other than the property owner who requested service, shall deposit solid waste into a container for the purpose of receiving service unless that person receives that property owner's consent.
(Ord. 21-21 § 2)
No person, other than the property owner who requested service, shall deposit recyclables into a container for the purpose of receiving service unless that person receives that property owner's consent.
(Ord. 21-21 § 2)
A. 
Scavenging is unlawful and is expressly prohibited.
B. 
Burying or burning of solid waste, hazardous waste, radioactive waste, and medical waste is unlawful and is expressly prohibited.
C. 
It is unlawful for any person to place dirt, brick, concrete, used asphalt, clay, asbestos or asphalt pipe, or any other material which does not readily break down chemically or biologically when buried in any curbside container without the express permission of the city or its collector.
D. 
It is unlawful to have commercial service at residential units on a permanent basis. Temporary commercial service at residential units may be provided if there is compliance with city encroachment and/or hauling permit requirements. No service shall extend past ninety days in any twelve-month period.
(Ord. 21-21 § 2)
Solid waste may be collected and removed by persons other than the city's collector or a permit holder (i.e., self-hauler) only in the following circumstances:
A. 
A person may dispose of his or her own solid waste without obtaining a city hauling permit as long as the solid waste has been created on the property of the person and is being collected and/or removed without charge to any person by the person owning or managing the same property or by a full-time employee of that person who collects and/or removes solid waste only as a portion of his or her duties and incidental thereto.
B. 
A person may collect and/or remove solid waste for another person solely as a friendly, neighborly or filial gesture without a city hauling permit as long as the person collecting or removing it receives no compensation or consideration and such collection or removal occurs on a nonregular basis.
C. 
Green waste, bulky waste, and non-putrescible solid waste may be collected and removed by any person when that person has been hired or contracted solely to cut, trim, mow, or clean up the property on which such green waste, bulky waste, or non-putrescible solid waste has been created and when such collection and removal is done as part of, and incident to, such hiring or contracting. This exception does not apply to persons removing construction and/or demolition debris from the site; such persons must obtain a city hauling permit as provided in this chapter, regardless of the type or style of equipment and vehicle(s) used or the collection method employed.
D. 
Emergency work (demolition, construction, addition, or alteration performed in conjunction with an emergency due to a disaster or other reasonable cause for immediate action) shall not be subject to the provisions of this chapter.
E. 
Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
F. 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.
G. 
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, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste;
2. 
The amount of material in cubic yards or tons transported by the generator to each entity;
H. 
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 materials 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.
(Ord. 21-21 § 2)
A. 
Covered projects shall divert the amount of the construction and/or demolition debris generated from the project as required by the California Green Building Standards Code, Title 24, Part 11 (CALGreen) of the California Code of Regulations. All materials shall be diverted from disposal in solid waste landfills by using recycling, reuse, and other diversion programs.
B. 
No grading, building or demolition permit shall be issued for a covered project until the city has approved a "construction and demolition debris recycling plan" for the covered project. The plan shall be submitted to the city at the time of permit application, in a format prescribed by the city manager, as a component of the building or demolition process.
C. 
During the term of the construction or demolition project, the applicant shall recycle or divert the required percentage of materials, in accordance with the construction and demolition debris recycling plan and any procedures established by the city manager, and keep records thereof, including the weight of the materials diverted.
D. 
No later than sixty days following the completion of the construction and/or demolition project, and prior to the city's final inspection, the applicant shall submit a "recycling report" to the city which demonstrates compliance with the requirements of the above section. The report shall be in a format prescribed by the city manager. The report shall show the amount of materials recycled, supported by written documentation of the records of measurement from recycling companies and organizations, deconstruction contractors, and/or landfill and disposal operators. Receipts and weight tags may be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the city before issuance of a building permit for the construction project. The city's building official will not issue a certificate of occupancy or conduct a city final inspection until the city manager determines that the recycling plan has been fulfilled. Nothing in this chapter shall limit the city manager from requiring a progress report on the recycling practices at any time during the construction process.
E. 
Failure to comply with the requirements of the construction and demolition debris recycling plan may be grounds for issuance of a "stop work" order, and notwithstanding other remedies, will require a cash deposit of three percent of the value of the project for any future project submitted by the same applicant.
(Ord. 21-21 § 2)
Persons who do not qualify for an exception to mandatory city solid waste collection service pursuant to Section 8.08.060 of this chapter, and who are not collectors pursuant to contract with the city, may apply for a hauling permit from the city to collect, remove and/or dispose of solid waste within the city so long as they comply with city standards approved by the city manager and pay the franchise permit fee set by city council. City standards governing hauling permit approval shall be set by administrative policy pursuant to Section 8.08.300 of this chapter.
(Ord. 21-21 § 2)
Nothing in this chapter shall limit the right of an individual to donate, sell or otherwise dispose of recyclables, provided that such disposal is in accordance with the provisions of this chapter.
(Ord. 21-21 § 2)
A. 
All solid waste collected, removed, diverted, and/or disposed pursuant to this chapter must be removed to a legal point of disposal and must be handled so that none of the material drops, falls or spills upon the ground or in any way constitutes a nuisance.
B. 
Removal of bulky waste to a legal point of disposal is the responsibility of the property owner.
C. 
Diversion. Source separation of recyclables and organic waste is required, and source separated material shall be hauled to a facility permitted to process this material such that it qualifies as diverted under the Act. Organic waste generators subject to the requirements of SB 1383 shall fully comply with all applicable SB 1383 regulatory requirements or be subject to enforcement action, as determined by the city manager.
(Ord. 21-21 § 2)
A. 
All garbage, recyclables, and organic waste shall be kept in leak-proof containers, covered at all times except when loading or unloading, except for yard trimmings and bundled cardboard.
B. 
Bins, drop boxes or debris boxes may be used by commercial services so long as any garbage is first placed in a plastic bag with a sealed top prior to placement in the container and so long as the container is leakproof and has a cover that is closed at all times, except when loading or unloading.
C. 
For residential service, all garbage, recyclables and organic waste must be placed in containers provided by the city or city's collector, except that yard trimmings and cardboard may be bundled and leaves may be placed in a compostable bag outside containers.
D. 
Each container lid must close tightly over the container, which shall not be overfilled.
E. 
No hazardous or biomedical waste shall be deposited into any container provided by the city. Hazardous or biomedical waste must be handled and disposed of in accordance with applicable state and federal regulations.
F. 
Recyclables and organic waste meant to be diverted from landfill disposal shall each be separated from garbage at the source of generation.
G. 
The city may adopt standards for the capacity and type of containers and enclosure to be used. In establishing standards, the city shall consider health and safety factors, the nature and extent of the activity conducted on the property, the type of solid waste produced or accumulated, and the location or other physical characteristics of the property.
(Ord. 21-21 § 2)
In all cases, a sufficient number/size of containers shall be ordered to contain any and all garbage and/or recyclables and organic waste accumulating on the owner's property and shall be kept clean at all times and in a manner and place accessible to the collector so as not to create a public nuisance or to cause the breeding of vectors. If waste accumulated on a property creates a public nuisance or causes the breeding of vectors, the city manager, may, at their discretion, increase the size/number of containers or collection frequency if an insufficient number/size of container is not ordered by the property owner.
(Ord. 21-21 § 2)
A. 
Garbage, recyclables and organic waste shall be collected as directed by the city council, but no less frequently than once each week from containers serviced by automated front- or side-loader equipment.
B. 
For all other service types, including self-haul, garbage, recyclables and organic waste must be collected or hauled frequently enough to prevent a public nuisance.
(Ord. 21-21 § 2)
A. 
All containers for garbage, recyclables and organic waste from residential units shall be placed at the curb for collection before six a.m. on collection days, but not earlier than twelve noon, the day preceding the collection day.
B. 
The container(s) shall not be placed on the sidewalk or obstruct the right-of-way, traffic, ADA accessibility, driveways other than the property owner's own driveway, drainage, or fire hydrants, shall not impede access by service personnel, and shall be placed at least three feet from parked vehicles and at least two feet from other containers.
C. 
Containers shall be returned to a location such that they will not be a public nuisance or in any degree offensive as soon as possible after collection, but no later than twenty-four hours after the time of collection.
D. 
For all service, all containers for garbage, recyclables and organic waste shall be placed in a public location accessible to the city or its collector, except where special arrangements with the city's collector have been made in advance (such as side yard service).
E. 
The city retains the discretion to decide whether to enter onto private streets or easements for the purpose of collection of garbage, recyclables and organic waste. No garbage, recyclables and organic waste collection shall be provided on private roads unless those roads are designed to safely accommodate the weight and turning radius of service vehicles. The city may require the property owner to enter into a private road agreement with the city as a condition to providing service.
(Ord. 21-21 § 2)
For the services of collecting and disposing of garbage, recyclables and organic waste, each person or owner of each place upon which refuse, recyclables and organic waste accumulates, and for whom collection service shall be provided by the city or its collector, shall be charged and shall pay the applicable rates set by resolution of the city council.
(Ord. 21-21 § 2)
Rates and charges for garbage, recyclables and organic waste services may be billed on the same bill and collected together with rates and charges for other city services. Whenever rates and charges for garbage, recyclables and organic waste services are billed together with rates and charges for other city services, the city may discontinue any or all the services for which the billing is rendered, in the manner hereinafter provided, if all or any part of such billing is not paid.
(Ord. 21-21 § 2)
The city shall issue bills for residential, commercial and all other forms of service rendered pursuant to this chapter at least every sixty days. The city may issue bills every thirty days for service rendered. In switching from one billing period to another billing period, the city may issue bills for a service period longer than thirty, but less than sixty days. Each bill shall specify the dates of the service period.
(Ord. 21-21 § 2)
A. 
The city shall bill the property owner directly for all service provided to the owner's property.
B. 
The property owner shall be liable for payment of all city charges regardless of whether the bill is sent to the owner's personal business or residential address or to the address of the owner's property to which the service was supplied.
(Ord. 21-21 § 2)
The city's bill for service rendered is due and payable when received. Each bill shall specify the date it is issued. A bill shall be delinquent if the city does not receive payment for the entire amount of the bill by the due date listed on the bill, unless the due date falls on a weekend day or holiday, in which case the due date become the next business day.
(Ord. 21-21 § 2)
A. 
A one-time basic penalty of ten percent of the rate for one month shall be added to each delinquent bill for the first month the bill is delinquent.
B. 
After assessing the basic penalty provided in subsection A of this section, thereafter an additional penalty of one-half percent per month for two months and thereafter one and one-half percent per month shall be added to all delinquent charges and basic penalties remaining unpaid, until the city council requests the city administrative services director to include the amount of all delinquencies on the bills for taxes levied against the appropriate premises as set forth in Section 8.08.180 of this chapter.
C. 
Basic penalty and additional penalty may be reduced in accordance with criteria authorized by the city council.
(Ord. 21-21 § 2)
Moneys paid where any portion of an account is delinquent shall first be credited to the delinquent portion of the bill and then to the current billing.
(Ord. 21-21 § 2)
Delinquent charges remaining unpaid may be recorded as a lien with the county and, after recordation, shall constitute a lien upon all real property owned or thereafter acquired by the property owner in the county. The city shall include a statement to this effect on its bills to each property owner. The city may from time to time compile lists of such delinquent charges, and record them with the county recorder as liens.
(Ord. 21-21 § 2)
All rates, charges, penalties and interest that remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the city for the forthcoming fiscal year as follows:
A. 
The city shall prepare a written report, which shall be filed by the city clerk. The report shall describe each parcel of real property for which there are any delinquencies in any rates or charges for services rendered to each parcel during the preceding year, and the amount of the delinquency. The report of delinquent solid waste charges may be combined with the report of any other delinquent charges, as long as the report identifies the delinquent charges for each service for each parcel.
B. 
The city clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published at least once a week for two weeks. The city clerk shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent charges, setting forth individually each property, and each of the services and charges due for that property.
C. 
At the time stated in the notice, the city council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter, the city council may adopt, revise, change, reduce or modify any delinquency or overrule any or all objections thereto. The city council shall then make its determination on each delinquency identified in the report; the city council's determination shall be final.
D. 
Following the city council's hearing, on or before August 10 of each year, the city clerk shall file with the finance director a copy of the report, signed by the city clerk, stating the city council has adopted the report. The city clerk shall request the finance director to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
(Ord. 21-21 § 2)
The city manager may adjust or grant a rebate from the rates or fees provided in this chapter in the event of a dispute relating to a charge to a customer; provided, however, that all parties affected shall have a right to appeal the city manager's determination to the city council within seven days after receipt of the city manager's written decision. The decision of the city council thereon shall be final and binding on all parties.
(Ord. 21-21 § 2)
A. 
In the event that any property owner fails to make any payment provided for in this chapter, the property owner and subject property shall be deemed to be in default, and the city may declare the balance, or any remaining balance, due and payable.
B. 
In the event the city is required to bring legal action to enforce any provision of this chapter, including, but not limited to, the collection of delinquent fees, penalties or other charges, the city shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred by the city to bring such action.
(Ord. 21-21 § 2)
Collection and/or removal of solid waste by a person other than the collector, does not relieve a person of the responsibility to pay for regular collection by the collector.
(Ord. 21-21 § 2)
As an alternative method of enforcing the provisions of this chapter or of any other city ordinance, rule, regulation, or the city's contract with its collector, the city shall have the authority to discontinue service to property in the following manner:
A. 
At least ten days before the proposed discontinuance, the city shall provide written notice to the customer and the property owner, if other than the customer, of the city's intent to discontinue service and the procedure for, and the availability of, an opportunity to discuss the reasons for the proposed discontinuance of service.
B. 
Before discontinuing service, the customer or property owner shall have the opportunity to discuss the reason for the proposed discontinuance with an employee designated by the city manager who shall be empowered to review disputed bills, rectify any errors and settle controversies pertaining to the discontinuance of service.
C. 
When service has been discontinued as provided in this section, the customer or property owner shall pay all unpaid charges, including penalties and interest, plus all city expenses and charges for the discontinuance and restoration of service, prior to the restoration of the discontinued service.
D. 
No service shall be discontinued on any Saturday, Sunday, legal holiday or at any time during which the city's offices are not open to the public.
(Ord. 21-21 § 2)
All remedies set forth in this chapter for the collection and enforcement of charges, rates and penalties are cumulative and may be pursued alternatively or consecutively.
(Ord. 21-21 § 2)
Every vehicle that the city, its collector, or hauling permit holder uses to collect and/or dispose of solid waste in the city shall:
A. 
Be kept clean on the inside, and clean and well-painted on the outside;
B. 
Be in good repair, free of dents or other damage and in compliance with all safety standards;
C. 
Have a bed sufficiently tight so as not to leak and have proper covers so that the solid waste shall not be offensive;
D. 
Have a sign on each side of such vehicle with appropriate words in letters not less than four inches in height indicating such vehicle is engaged in the work of sanitary service. The solid waste shall be loaded so that none of it shall fall, drop or spill upon the ground; and
E. 
Have a sign on each container clearly marked with the name and phone number of the business.
(Ord. 21-21 § 2)
The city manager is authorized to promulgate and establish administrative rules and regulations not in conflict with this chapter and which are deemed necessary to provide the most efficient administration of this chapter.
(Ord. 21-21 § 2)
A. 
A violation of any provision of this chapter is a misdemeanor, punishable by a fine not to exceed five hundred dollars or by imprisonment in the County Jail not to exceed six months, or both. Each and every day, or part of a day, a violation of this chapter continues shall be deemed a separate offense under this chapter and shall be punishable as such.
B. 
Any person who violates any requirement of this chapter also may be assessed an administrative penalty of up to ten thousand dollars for a violation of Section 8.08.070, or up to five hundred dollars for a violation of any other provision of this chapter. The city manager shall verify that noncompliance has occurred, contact the person to request compliance, and if that is unsuccessful, notify the person of the assessed penalty. The notice of violation shall be in writing and shall identify the amount of the penalty assessed, the nature of the violation, a deadline for compliance, and the right to an appeal hearing before the hearing officer to protest the validity of the notice and/or the amount of the assessed penalty. The notice shall be considered a final appealable decision. The hearing officer's decision shall be final.
C. 
Beginning January 1, 2024, if the city determines that a regulated entity is not in compliance with Sections 8.08.060 and 8.08.320 of this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action as described in Chapter 19.20 of this code. Enforcement actions may include fines, consistent with the code.
D. 
Appeals from a notice of violation shall be filed and conducted according to the procedures in Chapter 1.08, "Appeal and Hearing Procedure," of this code.
E. 
Nothing in this chapter precludes the use of any other type of enforcement if administrative fines are imposed under this section.
F. 
In addition to the general penalty set forth above, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be abated by the city in accordance with Title 19 of the municipal code, and other applicable provisions of law.
(Ord. 21-21 § 2)
Organic waste generators subject to the requirements of SB 1383 (Lara, 2016) shall fully comply with all applicable SB 1383 regulatory requirements or be subject to enforcement action, as determined by the city manager.
A. 
Single-family organic waste generators shall comply with the following requirements:
1. 
Subscribe to three-container solid waste (garbage, recyclable materials, and organic waste) collection services for all organic waste generated as described in the section below. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the jurisdiction. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
2. 
Participate in the city's organic waste collection service(s) by placing source separated green container organic waste, including food waste, in the designated organic waste container; source separated recyclable materials in the designated recycling container; and garbage in the designated garbage. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
B. 
Generators that are commercial businesses, including multifamily residential dwellings and/or property owners responsible for solid waste service, shall:
1. 
Subscribe to three-container collection services and comply with requirements of those services as described below. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.
2. 
Except commercial businesses that meet the self-hauler requirements in Section 8.08.060 of this chapter, participate in the city's organic waste collection service(s) by placing source separated organic waste, including food waste, in the designated organic waste container; source separated recyclable materials in the designated recycling container; and garbage in the designated garbage container. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
3. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the city's collection service.
4. 
Excluding multifamily residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers (except restrooms). If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), all new containers provided by the business shall be gray for garbage, green for organic waste, and blue for recycling, or have container labels pursuant 14 CCR Section 18984.8.
5. 
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's collection service.
6. 
Excluding multifamily residential dwellings, periodically inspect organic waste, recycling, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
7. 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
8. 
Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property.
9. 
Provide or arrange access for the city or its representative to their properties during all inspections conducted in accordance with Section 8.08.360 of this chapter to confirm compliance with the requirements of this chapter.
10. 
Accommodate and cooperate with the collector's remote monitoring program for inspection of the contents of containers for contamination to evaluate generator's compliance.
11. 
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.08.060 of this chapter.
12. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
13. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.08.330 of this chapter.
C. 
Pursuant to 14 CCR Section 18984.11, the city may grant waivers to generators for physical space limitations and de minimis volumes:
1. 
De Minimis Waivers. The city may waive a commercial business' obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in below. Commercial businesses requesting a de minimis waiver shall:
a. 
Submit an application to the city specifying the services that they are requesting a waiver from and provide documentation as noted below.
b. 
Provide documentation that either:
i. 
The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than twenty gallons per week per applicable container of the business' total waste; or
ii. 
The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in the designated recycling container and designated organic waste container comprises less than ten gallons per week per applicable container of the business' total waste.
c. 
Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
d. 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
2. 
Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
a. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
b. 
Provide documentation that the premises lacks adequate space for the designated recycling containers and designated organic waste containers including documentation from its hauler, licensed architect, or licensed engineer.
c. 
Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
(Ord. 21-21 § 2)
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
Tier one and tier two commercial edible food generators shall comply with the following requirements:
A. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed;
B. 
Contract with, or enter into a written agreement with, food recovery organizations for: (1) the collection of edible food for food recovery; or (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery;
C. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization;
D. 
Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4;
E. 
Keep records that include the information as specified in 14 CCR Section 18991.4.
(Ord. 21-21 § 2)
A. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the records as specified by 14 CCR Section 18991.5(a)(1) and (2)
B. 
Food recovery organizations that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2022.
C. 
In order to support edible food recovery capacity planning assessments or other studies, food recovery organizations operating in the city shall provide information and consultation to the city, upon request.
(Ord. 21-21 § 2)
A. 
The city's representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations to confirm compliance with this ordinance, subject to applicable laws.
B. 
Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; and (2) access to records for any inspection or investigation is a violation of this chapter.
(Ord. 21-21 § 2)