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:
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.
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.
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.
means the city of West Sacramento.
means the city manager of the city of West Sacramento and/or
his or her designee.
means the person or company under contract with the city
to collect garbage, organic waste or recyclables.
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.
means all garbage, recyclable and organic waste collection
service that is not residential service.
means all building, landscaping, remodeling, addition, removal
or destruction involving the use or disposal of "designated recyclable
and reusable materials."
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.
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.
means the cart, bin, box or other receptacle approved by
the city.
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:
means:
Masonry building materials, including all products generally
used in construction, including, but not limited to, asphalt, concrete,
rock, stone and brick;
Wood materials, including any and all dimensional lumber, fencing
or construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated or painted;
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;
Metals, including all metal scrap such as, but not limited to,
pipes, siding, window frames, door frames and fences;
Roofing materials, including wood shingles, as well as asphalt,
stone- and slate-based roofing material;
Salvageable materials includes all salvageable materials and
structures, including, but not limited to, wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs and appliances.
means a receptacle of size to be classified as a roll-off
container.
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.
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.
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.
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:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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.
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.
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).
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.
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.
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.
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.
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.
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.
means any person(s) owning a lot or parcel within the city.
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.
means organic waste generators, tier one and tier two commercial
edible food generators, self-haulers, and property owners responsible
for solid waste 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.
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.
means the uncontrolled or unauthorized removal of solid waste.
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).
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.
means a commercial edible food generator that is one of the
following:
Supermarkets with gross annual sales of two million dollars
or more.
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).
Food service provider, as defined in 14 CCR Section 18982(a)(27).
Wholesale food vendor.
Food distributor.
means a commercial edible food generator that is one of the
following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet.
Hotel with an on-site food facility and two hundred or more
rooms.
Health facility with an on-site food facility and one hundred
or more beds.
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.
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.
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.
A local education agency facility with an on-site food facility.
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:
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.
(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.
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;
(Ord. 21-21 § 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)
