"AB 1826"
means those provisions of the Act pertaining to the recycling of organic waste codified in Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resource Code, as they may be amended from time to time.
"Act"
means that state legislation commonly known as the California Integrated Waste Management Act (Stats 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 40000, et seq., as it may be amended from time to time.
"Adequate service"
means the combination of the number of collections, the number of containers, and the size of containers necessary so as not to cause the accumulation of refuse outside containers or in excess of level full. Adequate service, as to commercial properties, shall also mean maintaining sufficient refuse receptacles and clean-up services in the parking area, parkways, landscaped areas, the immediate exterior and the interior of the premises, and any alley areas in the rear of the premises free of refuse.
"Authorized waste handling facility"
means a site or facility for the disposal, processing, and/or handling of refuse that is licensed, permitted or approved by all governmental bodies and agencies having jurisdiction. An authorized waste handling facility may include, without limitation, a sanitary landfill a transfer station, a material recovery facility, a waste processing/separation center, a recycling facility, a composting facility, or an anaerobic digestion facility.
"Bulky items"
include but are not limited to furniture, tables, chairs, divans, mattresses, bedsprings, baby beds, play pens, sofas, lamps, stoves, sinks, sanitary fixtures, refrigerators, beds, bathtubs, lavatories, washers, tubs or other household or industrial or commercial furnishings or fixtures; or any motors, motor vehicle engines, automobile bodies, bicycles, machinery or equipment of any kind, or any parts thereof.
"Business"
means a commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity.
"Cart"
means a plastic container with a hinged lid and wheels, which is services by an automated or semi-automated process, as opposed to a manual process of lifting and dumping.
"City"
means the city of Westminster or the area within the territorial city limits of the city of Westminster, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.
"City manager"
means the city manager of the city of Westminster or his/her successor as chief executive officer of the city, or his/her designee.
"Collection"
means pickup, removal, transportation, storage, transfer, disposal, or processing of refuse by any person.
"Commercial collection service"
means the collection of refuse from all property within the city that is commercial property, either by zoning or by use of the property. Commercial collection service includes service provided to industrial properties, residential properties that choose to utilize commercial collection service, and residential properties that consist of five or more units.
"Commercial container," "refuse container" or "container"
means any vessel, tank, receptacle, dumpster, box or bin used or intended to be used for the purpose of holding any refuse, recyclable material, and recyclable waste material. Commercial containers utilized in commercial collection service include all types of containers, including dumpsters or bins.
"Compacted refuse"
means refuse or recyclable waste material that is compressed or compacted so as to decrease the volume of the refuse.
"Corporation"
means corporations, partnerships, and all business enterprises, associations or organizations, however designed.
"Curbside container"
means a cart provided by the district for use in conjunction with the districts curbside container service.
"Curbside container service"
means a service provided to premises within the district whereby district personnel remove recyclable materials, organic waste, and non-recyclable waste in curbside containers through use of purpose-built vehicles.
"Director"
means the Westminster director of public works of the city of Westminster or his or her designee.
"District"
means the Midway City Sanitary District.
"Drop-off bodies"
means temporary containers, such as roll-off containers or "rent-a-bins."
"Dwelling unit"
means a building, mobile home, or other form of housing, or portion thereof, designed for the independent residential occupancy of one or more persons living as a household unit.
"Fire chief"
means the fire chief of the city of Westminster, or designee.
"Food waste"
means all animal and vegetable refuse resulting from the preparation, handling or dispensing of food, including every accumulation of animal and vegetable matter that attends the preparation, consumption, decay, dealings in, or storage of meats, fish, fruits, vegetables, tallow, bones or meat trimmings that are rejected as useless by the owner or producer thereof.
"Green waste"
means organic waste generated from any landscape, including, but not limited to, grass clippings, leaves, prunings, tree trimmings, weeds, branches and brush in sizes that can be placed in containers designated for organic waste.
"Hazardous waste"
means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
"Health care officer"
means an inspector or officer from the Orange County health care agency.
"Hearing officer"
shall be the city manager or the person designated by the city manager to act as hearing officer.
"Large multi-family residential facility"
means any premises containing five or more dwelling units, which may include, without limitation, condominium complexes, apartment houses, hotels, motels, mobile home parks, travel trailer parks, and recreational vehicle parks.
"Level full"
means that the amount of refuse deposited in a commercial container does not exceed the lowest top edge thereof, such that the lid can be completely closed.
"Midway City Sanitary District Franchisee" or "MCSD franchisee"
means any person either employed by or under exclusive franchise with the district to provide removal, transportation, processing, and disposition of refuse from residents and users of premises within the city. "MCSD franchisee" shall include its agents and employees.
"Mixed waste"
means all refuse set out by the service recipient for collection excluding recyclable materials or organic waste.
"Non-combustible refuse"
means ashes, bottles, broken crockery, glass, tin cans and metallic substances or any other substances that will not incinerate through contact with flames of ordinary temperature.
"Non-recyclable solid waste"
means refuse other than recyclable materials or organic waste.
"Open to public view"
means visible to a person in the public right-of-way, without the aid of vision enhancing apparatus such as binoculars, zoom lenses, or infrared goggles. Prescription glasses shall not be considered vision enhancing apparatus for the purposes of this chapter. "Open to public view" also means visible to persons on adjoining properties, whether public or private.
"Organic waste"
means green waste, food waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
"Overloaded container"
means a container filled with refuse and/or recyclable waste materials beyond level full, such that the lid does not close completely or the refuse is visible above the brim of the container, and such that the refuse is left or falls outside the container.
"Owner"
means a person holding fee title to the premises.
"Person"
means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity.
"Porter service"
means a clean-up service that a commercial establishment may obtain to maintain the premises clean and free of discarded refuse, debris, and recyclable waste materials. Porter service may include, but not be limited to, the emptying of receptacles into the business's refuse containers, and clean-up service for parking areas, parkways, landscaped areas, the immediate exterior and interior areas of properties, and any alley behind the property.
"Premises"
means any land, building, and/or structure within the city where refuse is generated or accumulated.
"Processing"
means reduction, separation, recovery, conversion or recycling of refuse.
"Receptacle"
means any trash can or garbage can located on commercial premises, which provides patrons of the commercial establishment with a means to dispose of minor items of refuse and recyclable waste materials.
"Recyclable material"
means materials that are segregated at the source from other refuse for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, wastes, bulky goods, waste oil, and construction and demolition materials and which is sold or donated by the owner thereof to a third party. Recyclable material which is commingled or mixed with refuse shall be considered to have been discarded and shall be deemed refuse for purposes of these regulations.
"Recyclable material collection"
means the collection of recyclable materials.
"Recyclable waste material"
means discarded materials such as, but not limited to, newspapers, glass and metal cans, which are separated from other refuse for the purpose of recycling and which are not sold or donated to a third party.
"Recyclable waste material collecting"
means the collection, transportation, storage, transfer, or processing of recyclable waste material.
"Recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products.
"Refuse"
means all putrescible and non-putrescible solid, and semi-solid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semi-solid wastes, and other discarded solid or semi-solid wastes, but not including hazardous waste, radioactive waste regulated pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant to the State Medical Waste Management Act, and liquid waste. Recyclable waste material is considered refuse for purposes of this chapter. Materials that are sold or donated by the owner thereof to a third party, and thereafter recycled, are not considered refuse for purposes of this chapter. The term "refuse" shall be synonymous with the term "solid waste" as used in the Integrated Waste Management Act, Public Resources Code Section 40000, et seq.
"Refuse collection"
means the collection of refuse and includes recyclable waste materials collection.
"Regulations"
means the regulations adopted by the district via Ordinance No. 69, including any amendments thereto, and any resolutions, rules or other regulations promulgated thereunder.
"Self-haul"
means to personally transport refuse generated on one's own premises to an authorized waste handling facility for disposal or processing.
"Sidewalk"
means any public or private sidewalk, as well as the parkway, immediately adjacent to a property. Sidewalk shall include any walkway on private property.
"Source separated(ion)"
means the division of refuse at the place of discard generation, prior to collection, into separate containers that are designated for recyclable materials, organic waste, or non-recyclable solid waste or mixed waste.
"Unauthorized containers"
means containers belonging to refuse collectors that do not have a franchise agreement with the district, and which are being used in the city for refuse collection.
"Yard waste"
means those constituents of solid waste comprised of non-soil landscape or plant materials such as tree trimmings and prunings, grass cuttings, plants, weeds, dropped fruit, leaves, branches, trees, or similar materials.
(Ord. 2455 § 1, 2009; Ord. 2569 § 1, 2020)
The provisions of this chapter shall apply to all solid waste generators including, commercial, industrial, and residential properties.
(Ord. 2455 § 1, 2009; Ord. 2578 § 1, 2022)
The mayor and city council adopts and incorporates by reference, as though set forth in full in this section, Chapter 1 and 2 of the "Midway City Sanitary District Solid Waste Regulations" ("MCSD Regulations") as amended by Midway City Sanitary District Ordinance 71, with the following exceptions:
A. 
Unless context requires otherwise, all references in the MCSD Regulations to the "District" shall mean the City of Westminster, all references to the "Board" shall mean the City Council, and all references to the "General Manager" shall mean the City Manager. Any inconsistencies shall be interpreted in a manner to allow the City the maximum ability to enforce the provisions of SB 1383 and the regulations of the Midway City Sanitary District.
B. 
Section 1.020 of the MCSD Regulations shall instead provide:
1.020 Authority
These regulations shall constitute an ordinance/general regulation pursuant to Cal. Const. Article XI, Section 7, and pursuant to that Agreement between the Midway City Sanitary District and City of Westminster authorized by the Mayor and City Council on December 8, 2021.
C. 
Section 2.220 of the MCSD Regulations shall instead provide:
2.220 General Penalty-Enforcement
A.
Violations of this Chapter may be enforced pursuant to Municipal Code section 1.12.010, "Penalty for Violations."
B.
SB 1383 Organic Waste Regulations Enforcement.
1.
Except for violations of contamination of Container contents with Prohibited Container Contaminants which will be addressed through non-collection of Containers and noticing by the District, City or Franchisee, and violations subject to immediate administrative citation, the Enforcement Officer shall issue a notice to abate violations in accordance with Chapter 4 of these Regulations requiring compliance within a maximum of 60 days of issuance of the notice. The Enforcement Officer may extend the compliance deadlines set forth in a notice to abate violations if it finds that there are extenuating circumstances beyond the control of the non-compliant party that make compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4 including the following:
a.
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; or
b.
Delays in obtaining discretionary permits or other government agency approvals; or,
c.
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(Ord. 2578 § 2, 2022)
Notwithstanding any other provision of this code to the contrary, all properties in the city of Westminster shall subscribe to refuse collection service by the MCSD franchisee. It shall be the responsibility of the property owner to ensure adequate service.
(Ord. 2455 § 1, 2009)
A. 
No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped any refuse, recyclable waste material, bulky items, liquids other than water, or hazardous waste in or upon any public or on private property of any kind whatsoever, including but not limited to, private property open to the patronage of the public or open to public view, except on property lawfully maintained for such purposes.
B. 
No person shall put, place, sweep, throw, brush or in any other manner deposit any refuse, discarded item, recyclable waste materials or items of any kind upon any sidewalk, street, alley, gutter or other public place in the city; provided, however, that this section shall not be construed to prohibit the placing of any required refuse containers upon any sidewalk, street or alley in compliance with the provisions of this chapter.
(Ord. 2455 § 1, 2009)
No person removing or conveying any refuse to or from a refuse container or receptacle shall fail, refuse or neglect to replace immediately in such container or receptacle any such refuse that has fallen therefrom in and upon any public street, alley or other public place.
(Ord. 2455 § 1, 2009)
No person, other than the owner thereof, the owner's agents or employees, an officer or an employee of the MCSD franchisee, shall interfere, intrude, tamper or meddle with any container or receptacle, or remove, or take any of the contents thereof, or remove any such container or receptacle from the location where same shall have been placed by the owner or by the owner's agents or employees.
(Ord. 2455 § 1, 2009)
A. 
Every owner of any premises shall keep the premises in a clean and sanitary condition, and no owner shall permit any refuse, sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided by law. The owner of any premises shall be liable for the costs to the city for the enforcement of any provision of this chapter.
B. 
In the event the owner of the premises cannot be located or contacted, the person occupying, using or controlling the premises shall be responsible for the condition of the premises, and shall be liable for the costs to the city of the enforcement of the provisions of this chapter.
C. 
All commercial properties in the city shall provide receptacles for minor waste disposal by patrons, as well as porter service when necessary to maintain the property in a clean and tidy condition.
(Ord. 2455 § 1, 2009)
All sidewalks adjacent to private properties shall be swept or otherwise cleaned each day, Sundays and legal holidays included, if necessary to maintain the sidewalks free of dirt, paper, litter or rubbish of any kind. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the street or gutter, but shall be caused to be lawfully disposed of by the person responsible for the cleanliness of the sidewalk, in conformance to the provisions of Chapter 8.30 of the Westminster Municipal Code, regulating prohibited discharges.
(Ord. 2455 § 1, 2009)
A. 
Any refuse, recyclable waste material or discarded item that is placed, thrown or dumped on private property open to public view shall be removed immediately.
B. 
If the person who placed, threw or dumped the refuse, recyclable waste material, or discarded item can be identified, that person shall be liable for the cost of the removal.
(Ord. 2455 § 1, 2009)
When any person is controlling or maintaining receptacles, booths or depositories on private property open to public view for the purpose of collecting usable discarded clothing, small toys and household utensils, all such articles must be deposited inside of said receptacles, booths or depositories. It shall be the duty of the person controlling or maintaining such receptacles, booths or depositories to keep the area immediately surrounding said receptacles, booths or depositories free from such articles or any refuse.
(Ord. 2455 § 1, 2009)
A. 
No person other than the MCSD franchisee shall handle, salvage, scavenge or otherwise sort or remove refuse or recyclable waste material that has been lawfully placed for collection.
B. 
It shall be unlawful for any person other than the MCSD franchisee to offer or provide refuse collection service within the city without the permission of the director.
C. 
It shall be unlawful for any person to solicit, accept, engage or otherwise utilize refuse collection service by a person not permitted to provide such service by the director.
D. 
No person other than the MCSD franchisee shall transport refuse or recyclable waste materials in the city on behalf of another person in exchange for compensation.
E. 
No person except the owner thereof, his agent or employee, a duly authorized city employee, or any employee of the MCSD franchisee, shall interfere, tamper or meddle in any manner with any container, or any accumulation of refuse which is placed for collection, nor shall any person remove such container, or accumulation from the location where it shall have been placed by the owner, the owner's agent or employee.
(Ord. 2455 § 1, 2009)
A. 
The collection of refuse and recyclable waste material shall be performed exclusively by the MCSD franchisee. The district may regulate, by ordinance or resolution, all aspects of the commercial refuse service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services. The exclusive right of the MCSD franchisee to collect refuse and recyclable waste material is subject to the following exclusions:
1. 
Self Haul. Any refuse or recyclable waste material that is removed and personally transported from any premises by the owner or occupant thereof for the purpose of lawfully delivering same to a solid waste facility authorized to receive and handle solid waste.
2. 
Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of yard waste which are generated as an incidental part of providing gardening, landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the yard waste, and utilizes only his or her own employees and equipment to collect, transport and dispose of same.
3. 
Contractors and Remodelers. The collection, transportation and disposal by a construction contractor, holding a contractor's license issued by the state of California, of inert materials or demolition waste from remodeling or construction jobs which are generated as an incidental part of providing such remodeling or construction services, provided that the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the inert materials or demolition waste, and utilizes only his or her own employees and equipment to collect, transport and dispose of same.
4. 
Sale or Gift of Recyclable Materials. Recyclable materials that are either donated or sold by the generator of the materials to a party other than the MCSD franchisee. A mere discount or reduction in price of the MCSD franchisee's charges for the handling of such materials is not a sale or donation within the meaning of this regulation. The materials shall be deemed "solid waste" within the meaning of California Public Resources Code Section 40191, and for purposes of these regulations shall be regulated as such, whether or not they may be potential recyclable materials, in either of the following instances: (a) the material is mixed or commingled with other types of solid waste, or (b) the payment of a fee, charge or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons acting in concert in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
B. 
Persons owning or operating premises utilizing commercial collection service shall contract with the MCSD franchisee for the provision of adequate level of service. The director may, by written order, require the owner and/or manager of any premises subject to commercial collection service to arrange for the provision of adequate service to the premises in question.
C. 
Any other provision of this code to the contrary notwithstanding, the district may enter into contracts with responsible persons for the collection of refuse within the city utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the district. Pursuant to California Public Resources Code Section 40059, the district reserves the right to issue an exclusive franchise for the handling of solid waste.
D. 
In the event of an emergency or other unforeseen or unpreventable circumstances in which the MCSD franchisee is unable to maintain refuse collection services, and these result in an imminent and substantial threat to public health and safety, the city manager may issue limited or temporary permits for a period not to exceed thirty days to persons or corporations to perform any of the services covered by this chapter. Any service beyond thirty days shall be approved by the city council.
(Ord. 2455 § 1, 2009)
A. 
Pursuant to AB 1826, large multi-family residential facilities and businesses that generate a specified volume of refuse are required to arrange for recycling services specifically for organic waste. This section is intended to facilitate implementation of organic waste recycling in accordance with AB 1826 and other applicable law.
B. 
The owner or person in charge or control of each business or large multi-family residential facility in the city required pursuant to AB 1826 or other applicable law to provide for the recycling of organic waste shall do so by causing or facilitating organic waste generated by the business or on the premises of the business or large multi-family residential facility to be source separated from other refuse and deposited in a separate container designated solely for organic waste that is collected and processed by MCSD franchisee pursuant to a subscription with MCSD franchisee for refuse collection service expressly for organic waste. This requirement shall not apply to any of the following:
1. 
Food waste generated on the premises of a large multi-family residential facility, unless such food waste is otherwise required by law to be recycled.
2. 
Organic waste that is composted or otherwise recycled on the premises, if permitted by, and in compliance with, applicable law.
3. 
Organic waste that is self-hauled by the business or its employees in compliance with this Chapter 8.16 of the Westminster Municipal Code and the district regulations to an authorized waste handling facility authorized by law to receive and process organic waste.
4. 
Organic waste that is donated or sold in compliance with this Chapter 8.16 of the Westminster Municipal Code, the district regulations, and applicable law.
5. 
Organic waste that is source-separated and collected by the MCSD franchisee as part of the district's curbside container service.
6. 
Organic waste that is otherwise recycled, processed, and/or disposed of in a manner authorized by this Chapter 8.16 of the Westminster Municipal Code and district regulations.
7. 
A business or large multi-family residential facility that has been granted an exemption by the district, city or county, as applicable, in accordance with subsection (e) of Section 42649.82 of the Act, as it may be amended from time to time.
The district manager of MCSD is delegated authority to grant such exemptions on behalf of the city, to the extent authorized by law.
C. 
Other Prosecution Authorized. Nothing in this section shall preclude or prohibit prosecution under any other provision of law.
(Ord. 2569 § 2, 2020)
A. 
Refuse shall be stored in a container of a type as described in Section 17.30.045(D) of this code.
B. 
The property owner shall ensure that containers are not overloaded, that the cover shall completely and tightly close the container so as to render it fly- and rodent-proof, that no refuse is visible, and that a sufficient number of containers is provided such that adequate service is being provided and all refuse is contained completely within covered containers until such time as the refuse is collected.
C. 
Refuse shall be stored in such a manner that it will not attract or provide harborage to rats or other vectors, nor cause a fire hazard.
D. 
All vehicles and containers used in collecting refuse or recyclable materials shall be provided with metal or plastic bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the city. Such vehicles and containers shall be thoroughly cleaned frequently to eliminate odors and decayed materials.
(Ord. 2455 § 1, 2009)
A. 
No person shall place or cause or permit to be placed in any container any substance or material other than refuse.
B. 
No person shall compact refuse after placing the refuse in a container, nor shall any person place or cause or permit to be placed in any container any material that is of a size, or dimension, that prevents the container lid from closing completely, or that is of a weight that causes the contents of that container to exceed a combined eight hundred pounds.
C. 
Persons wishing to dispose of furniture, appliances, construction and demolition wastes, or any other large items of a similar nature shall inform the MCSD franchisee and make special arrangements to have the items removed. The MCSD franchisee may levy a charge for removal of such items under a schedule and formula to be uniformly applied, which formula and schedule shall have been approved by the director. The MCSD franchisee shall not be required to collect hazardous waste.
(Ord. 2455 § 1, 2009)
A. 
The director may cause to be posted a notice on any unauthorized container placed on public or private property. The notice shall specify the nature of the violation and shall state that the container must be removed within twenty-four hours or it may be removed and stored by the MCSD franchisee, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the container.
B. 
If the container is not removed within twenty-four hours after the notice to remove is posted, the director may order the removal and storage of the container and the disposal of its contents. The owner of the container shall be responsible to the MCSD franchisee for the actual cost of removal, storage, and disposal. All amounts due to the MCSD franchisee for the cost of removal, storage and disposal shall be paid before the container is returned to the owner. Such amounts shall constitute a debt owed by the owner to the MCSD franchisee, and the owner shall be liable to the MCSD franchisee in an action brought by the district for the recovery of such amounts.
C. 
If the identity of the owner of a container that has been removed by the MCSD franchisee is known to the director, the director shall promptly cause notice to be mailed to the owner to claim the stored property. If the container is not claimed within ninety days after removal and notice to the owner, or ninety days after removal if the identity of the owner is unknown to the director, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.
D. 
After a container has once been removed by the MCSD franchisee pursuant to this article, the owner thereof shall be deemed to have actual notice of the provisions of this article, including prohibition against the placement of unauthorized containers. In the event of a subsequent placement of a container by the same owner, or an affiliate of the owner, that is in violation of the chapter, the director may immediately, without the posting of a notice to remove pursuant to subsection A of this section, direct the removal and storage of the unauthorized container and shall, in such case, give notice to the owner to claim the container pursuant to subsections B and C of this section.
(Ord. 2455 § 1, 2009)
A. 
The MCSD franchisee shall remove from the premises all refuse which has been properly placed for collection, whenever such refuse is of a type and in an amount provided by contract with the district. Any removal of refuse by the MCSD franchisee, or any person, shall be performed in a neat, orderly and quiet fashion, without causing damage to the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition.
B. 
Over-The-Top Program. It shall be the responsibility of the property owner or occupant to avoid overloaded containers of refuse creating accumulations of refuse in or about the container enclosure or collection site, to ensure the security thereof, and to arrange and pay for adequate service so as to ensure compliance with the level full requirements of these regulations. In the event of an overloaded container, MCSD franchisee shall notify the customer in writing that the next instance of an overflowing container may result in a charge, and possibly an increase in the level of service. Upon the second event of an overloaded container, MCSD franchisee shall send a second such notice to the customer including a cleanup fee and a request that the customer increase its service level. The second and all subsequent instances of an overloaded container shall incur a cleanup fee per event. This shall be known as the district's "over-the-top" policy. The amount of the fee shall be in accordance with a resolution of the city council, as it may be amended from time to time.
C. 
Refuse lawfully placed for collection shall be the property of the district from the time of placement until the time of collection and shall become the property of the MCSD franchisee from the time of collection to the time of disposal.
(Ord. 2455 § 1, 2009)
A. 
Refuse exceeding the limitation set forth in this chapter may be scheduled for special collection either at regular special collection dates or by arrangement with the MCSD franchisee.
B. 
The MCSD franchisee shall make available containers and drop-off bodies, provide additional collections not required by this chapter, pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The MCSD franchisee may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of the director and at such rates as are reasonable, just and uniform for all persons or businesses being served. All such direct charges shall be collected by the MCSD franchisee.
C. 
The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the county health officer, and such refuse shall neither be placed in containers nor left for regular collection and disposal.
D. 
Highly flammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the fire chief at the expense of the owner or possessor of the material.
E. 
The director may, by written permit, authorize provision of bins and drop-off bodies if the MCSD franchisee fails to provide such service within five calendar days after a customer order and such service is not thereafter provided within forty-eight hours after notice to the MCSD franchisee of such failure by the director.
(Ord. 2455 § 1, 2009)
Persons collecting recyclable material within the city shall, in addition to obtaining a business license, obtain a recyclable material collection permit from the director prior to commencing such collection and annually thereafter. Persons operating under such a permit shall, on a quarterly basis or at such times as determined by the director, submit a report to the director specifying the amount of recyclable material collected within the city, the location(s) from which the recyclable material was collected, and the location(s) to which the recyclable material was delivered for processing. Failure to submit timely reports shall be a basis for revocation of the recyclable material collection and disposal permit. The director shall have the right to audit the records of persons who have received a permit pursuant to this section.
(Ord. 2455 § 1, 2009)
A. 
In the event that a commercial property does not maintain adequate level of service and/or the over-the-top policy does not resolve the unsightly and unhealthy trash conditions at the property, or any area of the property that is open to the public or open to public view is not kept free from dirt, rubbish and/or yard waste, the property owner is subject to any or all of the following legal actions:
1. 
Civil injunction;
2. 
Administrative citations;
3. 
Reinspection fees;
4. 
Criminal citations.
B. 
Legal action may be triggered by any one or more of the following conditions:
1. 
MCSD franchisee reports to the district that the premises have had three or more incidences of overfilled containers within a six-week period.
2. 
MCSD franchisee has issued a warning letter and has charged the premises for additional pickups at least once, within a six-week period.
3. 
The premises have received three or more notices of overfilled containers from the MCSD franchisee within a six-week period, and have not increased the level of service as requested.
4. 
The premises received three or more notices of overfilled containers from the MCSD franchisee within a six-week period, and the additional service charges imposed were not paid within thirty days of issuance.
5. 
The premises have been issued three or more notices of violation from code enforcement relating to violations of the provisions of this chapter within a six-week period and the premises did not come into compliance.
6. 
The premises have been issued three or more administrative citations relating to violations of the provisions of this chapter within a six-week period and the premises did not come into compliance.
C. 
Prior to proceeding to legal action, the city may require the property owner to submit a refuse collection and clean-up plan to community development within fourteen days of the first of the conditions enumerated in subsection B of this section.
The plan should include, as applicable:
1. 
The number of refuse containers and/or receptacles for the premises;
2. 
A copy of the porter service contract, which shall include number of times receptacles are emptied per day;
3. 
A copy of the refuse collection contract with the MCSD franchisee at the time of the violations; if that contract is insufficient, proof that a higher plan shall be implemented starting within ten days of submittal.
(Ord. 2455 § 1, 2009)
Any person who has accrued a cleanup fee pursuant to the over-the-top program may contest the fee by submitting a written request to the city manager for an appeal hearing, clearly stating the reasons for the appeal, within fifteen days from the date the fee has been paid in full to the MCSD franchisee. A hearing before the hearing officer shall be set for a date that is not less than fifteen, nor more than sixty days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(Ord. 2455 § 1, 2009)
A. 
No hearing to contest a cleanup fee before a hearing officer shall be held unless and until a written request for the hearing has been timely submitted to the city manager and the cleanup fee has been deposited.
B. 
The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the person appealing the fee is the property owner responsible for the violation(s) of this chapter on the date(s) specified in the cleanup fee.
C. 
The person appealing the fee shall be given the opportunity to testify and present witnesses and any relevant evidence concerning the allegations made in the notice issued by the MCSD franchisee.
D. 
The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he/she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he or she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.
E. 
The failure of any person appealing the fee to appear at the hearing shall constitute a forfeiture of the fee and shall be considered a concession that the fee was properly issued.
F. 
The cleanup fee notice and any additional documents and photographs submitted by the MCSD franchisee shall constitute prima facie evidence of the respective facts contained in those documents.
G. 
Neither the MCSD franchisee nor any other representative of the city shall be required to attend the hearing.
H. 
If the MCSD franchisee submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, than a copy of this report also shall be served by mail on the appellant at least five days prior to the date of the hearing.
I. 
At least ten days prior to the hearing, the appellant shall be provided with copies of the cleanup fee notices, reports, photographs and other documents submitted or relied upon by the MCSD franchisee. No other discovery disclosure is required, although formal rules of evidence shall not apply.
J. 
The hearing officer may continue the hearing and request additional information from the MCSD franchisee or the person who accrued the cleanup fee prior to issuing a written decision.
(Ord. 2455 § 1, 2009)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or revoke the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B. 
If the decision is to uphold the cleanup fee, the MCSD franchisee shall retain the fee deposited. If the decision is to revoke the cleanup fee, then the MCSD franchisee shall refund the fine deposit to the person issued the cleanup fee within thirty days of the service of the decision.
C. 
The hearing officer's decision shall include that an aggrieved party may file a petition for review with the California Superior Court, county of Orange, pursuant to California Code of Civil Procedure Section 1094.5.
D. 
The hearing officer's written decision shall be served on the appellant within twenty days from the date of the hearing by certified mail, return receipt requested, via the U.S. mail. Service of the hearing officer's decision shall be deemed to have been completed on the date of mailing.
(Ord. 2455 § 1, 2009)
Any party aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the hearing officer's decision by filing a Petition for Review with the California Superior Court, county of Orange, in accordance with the timelines and provisions set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 2455 § 1, 2009)
The director shall make such rules and regulations as may be necessary, reasonable, and proper to enforce the provisions of this chapter. A copy of any rule or regulation promulgated by the director shall be provided to the district.
(Ord. 2455 § 1, 2009)