All accumulations of solid waste, recyclable materials and organic
waste shall be placed in the containers as required by this chapter.
(Ord. No. 2021-15. § 3, 12-15-21)
(a)
It
shall be the duty of the occupants of residential, commercial, and
industrial occupancies to maintain containers for the accumulation
and disposal of solid waste, recyclable material, and organic waste.
Such containers must be adequate to contain the amount of refuse ordinarily
accumulated at such place during the intervals between collection.
(b)
All
containers or receptacles used for the reception, removal, and disposal
of solid waste, recyclable material, and organic waste or other refuse
shall be water-tight, in good condition, clean and free of putrescible
residue, constructed of a material of suitable strength and durability,
shall be tight-seamed and provided with handles and tight-fitting
lid or cover, which lid shall be and remain affixed to the container
at such time as the solid waste, recyclable material, organic waste,
and other refuse are placed within the container.
(c)
Organic
waste, including yard wastes, may be deposited in well-constructed
containers having a capacity not in excess of 96 gallons each (residential)
and which, when filled, do not collectively exceed a weight of 50
pounds.
(d)
No
person shall fill any container with solid waste, recyclable material,
organic waste, or other refuse above the top of the container to such
extent as to permit the contents of any container to be blown or otherwise
strewn about. Paper bags and cardboard containers shall not be used
as containers for the disposal of solid waste, recyclable material,
organic waste, and other refuse.
(e)
Where
a franchisee, pursuant to a franchise agreement under this chapter,
provides carts/containers for refuse, all refuse and recyclables must
be containerized only in the carts/containers provided by the franchisee
at the cost and under the terms set out in the franchise agreement.
Containers provided by the franchisee are the sole property of the
franchisee and may not be removed from the residential premises for
which they are provided. Franchisee shall be responsible for normal
wear and tear of such containers. Costs to repair damages beyond ordinary
wear and tear shall be borne by the resident. Costs for additional
carts/containers shall be borne by the resident. All costs shall be
as set out in the franchise agreement
(f)
All
containers provided by a franchisee for collection of solid waste,
recyclable material, and organic waste shall be clearly labeled and
shall contain the name, address, and phone number of the franchisee.
(g)
In
commercial and business zones, containers shall be metal lined, leak
proof, constructed of noncombustible materials, provided with an impervious
lid, and approved by the fire department or its representative as
providing adequate protection against fire hazard.
(h)
Containers
which fail to comply with the requirements of this chapter, or which
have deteriorated to the point where they are no longer in compliance
will be marked by the collector and will not be collected.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
It
shall be the duty of occupants of residential property to set out
or place containers or receptacles for collection and removal of solid
waste, recyclable material, and organic waste not otherwise transported
by the occupant pursuant to this chapter, as follows: in the street
at the curb line in front of the premises occupied by the person for
collection by the franchisee on the day specified by the franchisee
for collection of the solid waste, recyclable material, or organic
waste; provided, that the franchisee may designate some other location
for the placement of containers and receptacles to expedite collection.
(b)
It
is unlawful to place, deposit, or permit to remain any solid waste,
recyclable material, or organic waste containers on the curbs, parkways,
or sidewalks of any public street located in residential areas before
6:00 p.m. on the day prior to collection, or after 6:00 p.m. on the
day of collection after the materials have been removed or collected.
(c)
Each
owner, occupant, tenant, or lessee of a house or building used for
residential, business or commercial purposes shall maintain supervision
and surveillance over the solid waste, recyclable material, and organic
waste containers and receptacles on the premises, and shall maintain
the same in a sanitary condition. If the containers or receptacles
should not be emptied and the contents removed on the date and time
scheduled by the franchisee, they should immediately notify the city
or the franchisee to forthwith arrange for the collection and disposal
of the refuse.
(d)
Junk,
salvage, and other solid waste which exceeds the limitations specified
in this chapter may, in the discretion of the franchisee, be scheduled
for special collection upon the application of the occupant of the
premises. Special collection charges may be assessed by the franchisee
for this service.
(e)
Notwithstanding
subsection b of this section, the city manager may temporarily allow
a franchisee to place a commercial solid waste, recyclable material,
or organic waste collection container in that portion of a roadway
reserved for the parking of vehicles; provided, that the franchisee
shall first agree to defend and indemnify the city for any damage,
liability, or claim in any manner caused by the existence of the container
at the allowed location; and provided further, that the franchisee
shall agree to comply with any conditions deemed necessary by the
city manager to protect the public health, safety, or welfare.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
A recycling
operator holding a valid Class II franchise may place collection containers
on public or private property as follows:
(b)
All
collection containers for recyclable materials shall be constructed
of a solid material and be designed to ensure that the recyclable
material is confined within the container. All collection containers
shall contain the name, address and telephone number of the recycling
operator.
(c)
Any
container for recyclable material placed upon public property in violation
of this chapter may be removed by the city according to the following
provisions:
(1)
If the container is placed upon a public street or on a public street
right-of-way, so as to cause a hazard to the traveling public, the
container may be immediately removed without notice. After removal,
the city shall attempt to ascertain the identity of the owner, and
if the identity of the owner is ascertained, shall notify the owner
of the removal and of the owner's right to reclaim the container.
(2)
If the container is placed upon public property other than in a manner
subject to subsection (c)(1) above, the container may be removed by
the city 10 days after the posting of a notice to remove on the container.
The notice to remove shall be of a size not less than eight and one-half
(8.5) by 11 inches and shall contain a statement substantially as
follows:
THIS CONTAINER HAS BEEN PLACED ON PUBLIC PROPERTY IN VIOLATION
OF CHAPTER 13 OF THE ESCONDIDO MUNICIPAL CODE. IF THIS CONTAINER IS
NOT REMOVED ON OR BEFORE (DATE 10 DAYS FROM DATE OF POSTING OF NOTICE),
IT WILL BE REMOVED BY THE CITY, YOU WILL BE REQUIRED TO PAY THE COSTS
OF REMOVAL. IF YOU DO NOT CLAIM THIS CONTAINER FROM THE CITY WITHIN
30 DAYS AFTER ITS REMOVAL, THE CONTAINER MAY BE DESTROYED OR OTHERWISE
DISPOSED OF BY THE CITY.
(3)
If the container is removed by the city according to this subsection
c, the city shall retain the container for 30 days, during which it
shall use reasonable efforts to identify the owner. If the container
is not reclaimed by the owner within the 30-day period, the city may
destroy or otherwise dispose of the container.
(4)
If the container is removed by the city, the cost of the removal
shall be charged against the owner of the container.
(Ord. No. 2021-15, § 3, 12-15-21)
