For purposes of this chapter, certain words and phrases used herein are defined as follows:
"Cart"
means an 85-gallon or larger container with wheels supplied by the collector.
"Collector"
means the refuse disposal company with whom the City has contracted to provide the residents and property owners of the City with refuse collection.
"Nuisance"
means the accumulation and existence of refuse on any private premises, on, in, or upon any street, alley or other public place within the City and which may be declared to be a nuisance. No person who owns, controls, or occupies any premises in the City shall cause, permit or allow any such nuisance to exist thereon.
"Owner"
means and shall conclusively be deemed to be the legal owner of any property subject to this chapter.
"Refuse"
means garbage and other refuse including, without limitation: (1) accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits, or vegetables, and containers originally used for foodstuffs; (2) lawn and garden refuse such as leaves, grass cuttings, roots and weeds from which the soil has been removed, trimmings from trees or shrubs, plants and similar materials; (3) rubbish and trash such as paper, rags, cardboard, fiber, metal, glass, cartons, containers, boxes, bottles or jars, and other articles or materials of a similar nature normally discarded as household or business refuse; and (4) other trash and rubbish other than sod, rocks, concrete, bricks and similar solid material, plaster or dirt. "Refuse" shall not include large appliances or furniture or chemicals of a type which must be disposed of in a Class I dump.
"Refuse collection area"
means that space on the premises where refuse is deposited by occupants and where said refuse is stored until it is transferred into or onto a collection vehicle and removed from the premises.
"Standard container"
means a can made of metal or other nonbreakable watertight material with a closefitting cover, cover handle and side handles, of not more than 35 gallons net capacity.
(Ord. 432 § 1, 1996)
All refuse accumulated in the City shall be collected, conveyed and disposed of by the City, its duly authorized agents and employees, or by the collector with whom the City may contract or have contracted for the collection, conveyance and disposal of refuse. The City and such contractor or contractors and their employees shall, except as otherwise provided in this chapter, have the exclusive right to collect, convey and transport in, along or over the public streets, alleys and highways in the City all refuse. This section shall not prohibit transportation of refuse over public ways within the City by collectors authorized by the Sutter County Health Officer to serve County areas adjacent to the City limits.
(Ord. 432 § 2, 1996)
The periodic collection of refuse from all places in the City benefits all occupants of places and premises in the City and promotes and protects the health, safety and welfare of all residents of the City. Therefore, refuse collection services provided by the collector, City or its authorized agents, are mandatory for all owners of property within the City in or from which refuse is created, accumulated or produced; provided, however, that there may be joint or multiple use of refuse containers, subject to securing a permit therefor from the City, pursuant to rules and regulations therefor established by the City.
It is unlawful for any person other than the collector or employees of the City for compensation to collect, remove or dispose of refuse within the City on a regularly scheduled basis; provided, however, that nothing contained herein shall prevent the use of garbage disposal devices as provided in the Uniform Plumbing Code.
(Ord. 432 § 3, 1996)
A. 
An owner may appeal the mandatory collection of refuse in accordance with Section 8.05.030 by filing with the City Manager a written request within 15 days of receiving notice from the City or its authorized agent or collector that refuse service is required on the owner's property. The appeal shall set forth a statement of the action desired by the owner and list the reasons for the desired action. Qualifying criteria for an appeal would include low refuse generator with legal method of disposing of refuse or complete recycler, an alternative disposal method with legal method of disposing of refuse not including hauling to the landfill, or physically incapable of transporting refuse containers to curbside for collection. Sections 8.05.060 and 8.05.140 of this chapter shall also be included as part of the criteria in evaluating an appeal from mandatory collection. The appeal shall be acted upon by the City Manager within 10 days after the date of filing.
B. 
Any person who shall be dissatisfied with the action of the City Manager may appeal to the City Council. In the event of such an appeal, the City Manager shall transmit to the City Council a report setting forth the reasons for the action taken.
(Ord. 432 § 4, 1996)
The owner of any property within the City in or from which refuse is created, accumulated or produced shall subscribe to and pay for refuse collection service rendered to such property by the collector and shall provide at a location specified in the City's agreement with the collector an adequate container or containers for deposit of refuse. The necessity for and type of refuse collection service required, the type of containers to be utilized and the rates to be charged for refuse collection services shall be established by agreement between the City and the collector or by resolution adopted by the City Council.
Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to the City or to the collector for such service.
(Ord. 432 § 5, 1996)
A. 
No person who owns, controls, or occupies any premises shall permit refuse to accumulate for a period in excess of the period provided in this chapter or in rules and regulations adopted pursuant hereto and no such person shall, following notice thereof, fail, refuse or neglect to place refuse within refuse containers as provided in this chapter and in accordance with the rules and regulations established pursuant to this chapter.
B. 
No person shall throw, deposit, or leave any refuse, or permit the same to be thrown, deposited, or left on the property or premises of another without the knowledge and prior permission of the owner thereof.
C. 
No owner of real property located in the City shall knowingly permit or countenance his or her tenants while in occupation of such property to throw, deposit or leave any refuse upon the property or premises of another.
D. 
No person shall throw, deposit, or leave any refuse, or, being in possession or control of any refuse, shall permit the same to be thrown, buried without being properly licensed to do so, deposited, or left in or upon any street or other public place in violation of this chapter or the rules and regulations established pursuant to this chapter.
(Ord. 432 § 6, 1996)
Every owner, occupant, manager, or person in control of the premises of any dwelling unit or units, or of any place of business or institution within the City where refuse accumulates, shall provide or cause to be provided a sufficient number of containers of adequate size to accommodate all refuse accumulated on the premises between collection days. The occupant, manager or person in control of the premises shall be primarily responsible for providing the required containers of adequate size. Making arrangements with the collector to provide the container shall comply with this section.
(Ord. 432 § 7, 1996)
When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a property, the City Manager or designee will give the owner written notification that such service is required. If service is not initiated within 15 days from the date of the mailing of the notice, the City Manager may require the collector to initiate and continue refuse service for said property.
When in the judgment of the City Manager additional refuse containers are required, they shall be provided at the owner's cost upon written notification from the City Manager. If the required additional containers are not provided within 30 days from the date of the mailing of the notice, the City Manager may require the collector to provide the required containers at a cost established pursuant to agreement between the City and the collector or pursuant to rules and regulations adopted hereunder. Such cost may be added to the collection fees and collection in the same manner.
(Ord. 432 § 8, 1996)
A. 
Any one standard container to accommodate refuse shall not exceed 35 gallons in capacity and 50 pounds in weight, including contents. Carts may be 85 gallons or larger in capacity and up to 200 pounds in weight including the contents and shall be supplied by the collector, so that they shall be capable of being emptied by standard cart equipment. Standard containers and carts shall be constructed of durable watertight materials, and shall be equipped with handles and a cover sufficient to prevent odors from escaping the container, flies and other insects from reaching or coming in contact with refuse, and the contents from being blown away.
B. 
Refuse may, with Health Officer approval, be placed for collection in sturdy, grease-resistant, waterproof, nonreturnable bags which are specifically designed for refuse disposal, said bags to be securely tied to prevent spillage.
C. 
Refuse bins, drop boxes and proprietary containers, any of which may vary in capacity from one to 50 yards, shall conform to the following requirements:
1. 
Containers shall be constructed of substantial materials such as rolled steel, forms and plate.
2. 
Containers where putrescible waste is deposited shall have self-closing doors or covers which are fly-proof and such doors or covers shall remain closed except during loading and unloading.
3. 
Containers where refuse is deposited and which are equipped with covers shall remain closed except during loading and unloading. Containers which are not equipped with covers should be stored in a refuse collection area screened from view from the public streets and from adjacent property by a sight barrier not less than six feet high or not less than the height of the container, which ever is greater. This sight barrier requirement may be met by locating the refuse collection area completely within a building or by erecting a structure such as a wall or fence especially for this purpose. The intent of this subsection is to safeguard health and public welfare by preventing refuse from scattering and being blown away.
D. 
The use of oil drums as refuse containers is prohibited.
(Ord. 432 § 9, 1996)
Containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and accessible to and not more than two feet from the curb or sidewalk on the side of the street from which collection is to be made. Containers are to be placed at street side for collection within 12 hours of the time of collection and shall be removed within 12 hours after collection service is rendered.
(Ord. 432 § 10, 1996)
Tree limbs, branches, hedge cuttings, leaves and similar materials may also be disposed of by placing them in refuse containers in such a manner that the lid can be secured and contents may be readily emptied. Larger branches from tree and shrub trimmings may also be placed on the ground at the place of collection providing they are neatly stacked and securely tied into bundles four feet or less in length and not more than 50 pounds in weight. In addition, said materials may be placed in cardboard cartons which are not longer than four feet and which do not have a loaded weight exceeding 50 pounds.
(Ord. 432 § 11, 1996)
Contents of containers shall be limited to refuse, as defined in Section 8.05.010 of this chapter, except as hereafter qualified:
A. 
Garbage. Food wastes or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor and access to flies and animals.
B. 
Refuse. Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must likewise be securely wrapped.
C. 
Cuttings. Grass, trees, shrub and flower trimmings, leaves and weeds must be contained as set forth in Section 8.05.110.
(Ord. 432 § 12, 1996)
Unless written approval is granted by the Health Officer, the following materials are prohibited in refuse set out for collection: ammunition, explosives, industrial wastes, chemicals, pathological, toxic and radioactive waste, acids, drugs, medicines, human feces, unwrapped animal feces, and items too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps.
(Ord. 432 § 13, 1996)
No person who owns, controls or occupies any premises shall permit refuse to accumulate for a period in excess of one calendar week, or fail, refuse or neglect to place such refuse for collection in accordance with schedules established therefor, the provisions of this chapter and rules and regulations established pursuant thereto.
(Ord. 432 § 14, 1996)
The City Manager shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties:
A. 
Establish rules and regulations consistent with this chapter governing storage, collection and disposition of refuse, including the determination of standards and specifications for approved containers and placement of containers. The rules may permit special containers or bins where the quantity or nature of the material to be collected so requires.
B. 
Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of refuse.
C. 
Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary and shall give notice of such routes, hours, days and changes as seems advisable.
(Ord. 432 § 15, 1996)
All owners, contractors and builders of structures shall both during construction and demolition and upon the completion of construction or demolition of any such structure gather up and haul away at their sole cost and expense all refuse of every nature, description or kind which has resulted from the construction activities or demolition of structures, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building materials, and shall place the lot and all nearby premises utilized in connection with such construction activities in a sightly condition.
(Ord. 432 § 16, 1996)
A. 
All billing for refuse collection shall be made by the collector; all charges shall become delinquent if not paid within 90 days after the billing date.
B. 
If the bill remains unpaid after the date of delinquency, the collector shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until 15 days after notification of the delinquency to the property owner and recipient of service. The form and content of the delinquency notice sent by the collector and the delinquency fee shall be approved by the City. The collector shall simultaneously file with the City Manager a formal written notice stating that such delinquency notice has been sent to such property owner and recipient of service and the date such notice was sent. Said notice shall notify the property owner of the fees imposed and the process for collection of delinquent charges.
C. 
The collector may assign to the City at expiration of the 15-day period any delinquent bills for lien proceedings.
D. 
Upon receipt by the City of the assignment from the collector and at the convenience of the City, the City Manager shall initiate proceedings to create a lien on the real property to which the refuse collection has been rendered according to Government Code Section 25831.
E. 
An administrative fee may be added to the lien amount as established by separate resolution of the City Council.
(Ord. 432 § 17, 1996)
The City Council may, by agreement with the collector or by separate resolution, implement rules and regulations to carry out and promote the provisions of this chapter. Such agreements, rules and regulations may set forth the time of collection of refuse, the rates to be charged for such collection, the time for payment of such rates, the size of containers to be utilized, the manner in which such containers or bundles of refuse are to be placed for collection and such other matters as may be necessary or appropriate to effect the provisions of this chapter.
(Ord. 432 § 18, 1996)
Every person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be subject to the penalty provision set forth in Title 1, Chapter 1.12 of the Live Oak Municipal Code.
(Ord. 432 § 19, 1996)