Unless the particular provision or the context otherwise requires,
the definitions contained in this Section shall govern the construction,
meaning, and application of the words and phrases defined, and their
derivatives and derivatives therefrom wherever applicable, whenever
used in this Section.
shall mean the Administrative Officer, the Public Works Director,
and the Street Maintenance/Sanitation Superintendent.
shall mean a commercially manufactured refuse container approved
by the Administrative Authority.
shall include all material produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business but which material, due to its nature, can be sold by the hauling of such material to the point of delivery. Byproducts shall also include material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration. Byproducts shall also include material that the owner or producer thereof can, due to its nature, have removed from his premises without cost to him. Byproducts shall also include material which the Engineering Director qualifies as byproducts, pursuant to the provisions of Section 7-44.2 of this Code.
shall mean the collection and disposal of garbage, wrapped
garbage, market refuse, food plant waste, market greens, refuse, ashes
and rubbish from a place of business.
shall mean a person under contract with the City for the
collection or disposal of garbage, refuse, rubbish or related materials
or an agent or employee of such person. Contract agent shall also
mean the City and its agents and employees.
shall mean all garbage from places of business, resulting
from the manufacture of food or drink to be consumed elsewhere than
on the premises.
shall mean and include all animal and vegetable refuse from
kitchens and household waste that shall have been prepared for or
intended to be used as food or shall have resulted from the preparation
of food, all table refuse and every accumulation of animal and vegetable
refuse that attends the preparation, consumption, decay, dealing in
or storage of meats, fish, fruits or vegetables, except suet, tallow,
bones or meat trimmings that the owner or producer thereof can sell
for a price greater than his cost, if any, of transporting such suet,
tallow, bones or meat trimmings to the point of delivery.
shall include worn-out and discarded material that may be
turned to some use but shall not include rubbish, byproducts or salvage.
shall mean and include all garbage that is leafy vegetable
matter such as lettuce trimmings, cabbage trimmings, carrot tops,
corn husks, etc.
shall mean and include all garbage from places of business
where meat, fish, fruit or vegetables are sold to be consumed elsewhere
than on the premises.
shall mean any hotel, motel, trailer court, restaurant, market,
hospital, church, school or country club, or any commercial or industrial
establishment. Apartments operating under a business license or otherwise
are excluded from this definition.
shall mean combustible waste material, noncombustible waste
material, garbage as defined in this Chapter, and shall include waste
material and rubbish of every character and nature collected or accumulated
within the City, except byproducts, salvage and junk; provided, however,
that whenever, at the election of the disposing person or establishment,
the collection and disposal of byproducts, salvage or junk is by a
contract agent, such shall be construed as refuse. Refuse shall also
include all materials where the cost of hauling the same to the point
of delivery exceeds the sales price.
shall include waste material and refuse of every character
both combustible and noncombustible collected or accumulated within
the City except garbage, byproducts, salvage or junk. Rubbish shall
also include all material except garbage, where the cost of hauling
the same to the point of delivery exceeds the sales price.
shall include rubbish from which articles of value or material
of value, may be extracted, segregated, removed or developed.
shrill mean garbage, food plant waste, and market refuse,
that has been drained and securely wrapped in paper sacks, commercial
paper or newspapers of sufficient thickness to prevent the refuse
from being exposed to flies.
(Ord. 2348 7-31-79; Ord. 95-24 10-10-95; Ord. 96-21 9-24-96; Ord. 97-19 9-2-97)
The City Council finds as follows:
(1)
That
an exclusive municipal system for the collection of all refuse is
necessary for the preservation of the public health, welfare and safety.
(2)
That
the periodic collection of refuse from all places in the City ultimately
benefits all owners of places and premises in the City in that their
properties and the City itself becomes a more attractive place to
live.
(3)
That
inasmuch as charges are to be assessed for the collection of refuse,
it is necessary that said charges be assessed to the owners of all
premises where refuse is produced or generated, regardless of whether
such persons or their tenants place such refuse for collection in
the manner prescribed in this Chapter or not.
(4)
That
while there is some variation in the amount of refuse produced at
single family residential locations, such deviation does not justify
the expense of measuring quantities at such residential locations
would be greater than the extra cost of hauling additional quantities
of refuse from a few residential locations in the City.
(5)
The amount
of refuse produced at business locations varies greatly. The most
equitable method of charging for collecting refuse at business locations
is based on the amount of refuse produced or generated, the related
basis of size and number of containers required for the collection
of refuse, and upon the differing schedules and regularity of collection.
(6)
The following
items are not to be considered refuse and will not be collected by
City crews or contract agent:
(a)
Ammunition,
explosives, or inflammables, such as paint thinner, gasoline, kerosene,
etc. (Ammunition and explosives shall be delivered to the City Police
Department and inflammables to the City Fire Department by anyone
wishing to dispose of the same.)
(b)
Dog
or other animal excreta. (Should be disposed of by sewer or burying.)
(c)
Hot
or dry ashes. (Must be damp.)
(d)
Dead
animals. (Anyone wishing to dispose of dead animals should call the
Los Angeles County Department of Animal Care and Control.
(Ord. 2441 6-28-83)
It shall be unlawful for any person to bury any refuse in the
City except in an emergency without first obtaining written permission
from the Health Officer so to do. Every such person burying refuse
shall comply with the conditions that the Health Officer may impose.
In the event that emergency conditions require the burying of refuse,
such refuse shall be buried and immediately covered with earth in
such a manner as to prevent the escape of odors therefrom.
Every owner, tenant, occupant or person having the care of any
premises shall keep his premises in a clean and sanitary condition.
It shall be unlawful for any person to permit any sewage effluent,
excrement, slop or stagnant water, butcher offal, market refuse, garbage,
dead animals, rubbish, cans, waste paper, filth of any kind or any
other substance that may become offensive, to be deposited on or remain
in or upon any premises owned or occupied by him or under his control,
except as expressly permitted by law.
Notwithstanding any provision herein to the contrary it shall
be unlawful for any person to cause or permit refuse to accumulate
at any premises under his charge or control for a period exceeding
one week.
(1)
Every
person having charge or control of any place or premises in the City
where refuse accumulates or exists, shall cause such refuse to be
placed for collection by the contract agent in receptacles of the
type or kind prescribed by the Administrative Authority; provided,
however, that where refuse is of such character that it is impracticable
to place it in such receptacles, it need not be placed therein.
(2)
The City
shall provide for the collection and removal of refuse from all places
or premises at least once each calendar week. Every person occupying
or having charge or control of any place or premises where there is
any accumulation of refuse, shall cause the same to be placed for
collection by the City or the City's contract agent at least once
each calendar week in accordance with the schedule of collectings
promulgated pursuant to this Article.
(3)
The contract
agent shall collect and remove from all places or premises refuse
which is contained in receptacles of the type or kind prescribed by
the Administrative Authority, placed along the street curb in front
thereof or along the alley in the rear thereof, depending upon whether
the prescribed route is along the street or alley, except as may be
otherwise permitted under the provisions of this Article. The contract
agent shall also collect and remove from all places or premises, refuse
which has been placed for collection and which by reason of its character
it is impracticable to place in such receptacles.
(4)
It shall
be unlawful for any person to place or cause to be placed any refuse
receptacles or refuse in any public highway at any place or in any
manner other than as provided in this Section, or at any time other
than the days established for collection of rubbish on the particular
route, or after 4:00 p.m. on the day immediately prior to such collections,
or permit such receptacle to remain thereat for more than twelve hours
after it has been emptied.
The Administrative Authority shall supervise the collection
and removal of all refuse by the contract agent.
The Administrative Authority shall make such rules, not inconsistent
with the provisions of this Chapter, as may be necessary, reasonable
and proper to effect the proper and efficient collection and removal
of refuse by the contract agent and rules not inconsistent with the
provisions of this Chapter as may be necessary, reasonable and proper
to permit an equitable application of the schedule of charges in all
circumstances.
The contract agent shall establish routes, days and hours for
collection of refuse subject to the approval of the Administrative
Authority and may change the same from time to time with the approval
of the Administrative Authority. When such routes, days and hours
are established or changed, the contract agent shall give such notice
thereof to the public as the Administrative Authority shall require.
In all cases where the Administrative Authority shall find that
practical difficulty exists in complying with the requirements of
this Chapter as to the placing of refuse for collection by the contract
agent, he shall designate where the same shall be placed or kept for
collection by such agent and the condition under which it shall be
collected.
The frequency or schedule of commercial refuse collection and
the number, size and type of containers used is subject to the final
approval of the Administration Authority.
(1)
In any
residential area or any disposing establishment other than a place
of business, all cans, bottles, and papers in which garbage has been
wrapped shall be placed for collection in approved refuse containers.
(2)
All trimmings
from trees or bushes shall be placed for collection in one of the
following manners:
(3)
All other
refuse shall be placed for collection in one of the following manners:
(a)
In
an approved refuse container, not exceeding one hundred fifty pounds
in gross weight per container.
(4)
Each
place in the City accumulating or producing refuse shall provide its
own receptacles for keeping, depositing, or accumulating the same,
except where the contract agent provides such receptacles.
(5)
The receptacles
in which refuse shall be placed and kept for collection by the contract
agent shall be equipped with lids. Such receptacles shall be of such
a size, shape and weight when filled that they may be readily lifted
for emptying into the vehicle of the contract agent.
(6)
The receptacles
in which refuse shall be placed and kept for collection by the contract
agent shall be equipped with lids. Such receptacles shall be of such
a size, shape and weight when filled that they may be readily lifted
for emptying into the vehicle of the contract agent.
(Ord. 1946 4-4-68; Ord. 95-24 10-10-95)
(1)
It shall
be unlawful for any person to interfere with the collection, conveyance
or disposal of refuse or recyclable material by the City or any licensed,
authorized, private collector.
(2)
It shall
be unlawful for any person, except the City or a licensed private
collector authorized by the City, to gather, collect or transport
refuse or recyclable material within the City and collect fees for
such service. Any violation of this Section is additionally declared
a public nuisance and is subject to abatement pursuant to the applicable
provisions of this Code.
(3)
The City
shall notify, in writing, any person, including the property owner,
who violates paragraph (2) of this Section that the prompt and permanent
removal of such container from the place or premises is required.
The City shall deliver such written notice:
(a)
To
the property owner by posting a notice of violation in a prominent
place upon the property; and
(b)
By
posting a notice of violation on the container; and
(c)
By
delivering a copy, if practical, to the person apparently in charge
of the premises; and
(d)
By
leaving a copy at the offices of the owner of the container if known.
If a telephone number is listed on the container, the City shall also
call that number and, when possible, notify the appropriate party
of the contents of the notice of violation. Failure to make telephonic
contact with the container owner shall not invalidate this Section.
(4)
The notice
of violation shall specify:
(a)
The
violation date, location and approximate time of violation;
(b)
The
Code section violated;
(c)
That
the container shall be removed within forty-eight hours of posting
of the notice of violation. If the container has not been removed
within forty-eight hours after posting of the notice of violation,
the City may impound or cause to be impounded any such container;
(d)
The
holding location of any container, the days and hours of operation
and a contact telephone number. Any person who violates this Section
shall be liable to the City for all fines and charges. levied in connection
with the collection, transportation, storage and disposal of such
container and the contents thereof. Any impounded container(s) not
retrieved within thirty days of impound, or any appeal procedures
not commenced within fourteen days of impound shall b deemed abandoned
and disposed of at City's discretion.
(5)
Any person
adversely affected by paragraphs (3) and (4) of this Section, may
within fourteen days of the container being impounded, appeal such
impound to the City Administrator. Such appeal shall be in writing
to the City Administrator and shall set forth the basis of the appeal.
The City Administrator or his designee, shall hold a hearing on the
appeal within thirty days of receipt of the written appeal. The City
Administrator, or his designee. shall render a written decision within
thirty days after the close of the hearing or the appeal by providing
it to the appellant by first class mail. The decision of the City
Administrator shall be final.
(6)
It shall
be unlawful for any person other than an officer or employee of the
City or the owner, or the employee of an authorized private collector
to interfere in any manner with any residential or commercial refuse
or recycling containers, or the contents thereof, or to remove any
residential or commercial refuse or recycling container from the location
where the same was placed by the owner thereof, or to remove the contents
of any residential or commercial refuse or recyclable container.
(7)
For purposes
of this Section, the term recyclable materials shall be those household
materials suitable for recycling such as metal cans, certain plastic
containers, glass bottles, paper and such other items as may be declared
suitable for recycling by resolution of the City Council from time
to time. The term container shall also include receptacle, bin, box
or roll-off.
(Ord. 92-4 5-19-92; Ord. 06-09 6-20-06)
(Ord. 2217 4-22-75)
(Ord. 2218 5-6-75)
The payment of fees scheduled in Section 7-27 shall not become applicable in any territory annexed to the City for a period of one year after said annexation where the City has entered into a contract for the collection of rubbish within said territory. In such instance, the rates established in said contract shall be applicable; provided, however, that no such contract may extend for any period in excess of one year after said territory becomes part of the City; and provided further, that no such contract may provide for any schedule of fees in excess of the fees being charged prior to the annexation at the time the contract was entered into.
The frequency or schedule of refuse collection service, or the
number, size or type of containers used in all commercial refuse collection
selected by any disposing establishment is subject to final approval
by the Administrative Authority and any change in such service after
January 1, 1967, must be approved by the Administrative Authority.
In any instance where both residential and commercial uses exist on a single parcel of property and the refuse charge for such parcel of property is made to the same person for both residential and commercial refuse collection, the Administrative Authority may, notwithstanding the schedule of fees set forth in Section 7-27, establish a fee for the collection of refuse. The fee established pursuant to this Section shall be not higher than the fee which would be charged if both the residential and commercial charge were made for the separate uses. The fee charged pursuant to this Section shall not be lower than the largest of the following:
(a)
The fee
which would be charged upon the basis of the residential refuse collection
schedule; or
(b)
The fee
which would be charged if all refuse collected from said premises
was charged upon the basis of the commercial refuse collection schedule.
(Ord. 1907 7-28-67)
The service fee for sanitary sewer services imposed by Section 7-27 of this Code on the personal residence of any person who is sixty-five years of age or older shall be subject to refund following payment; provided that the gross annual income of such person during the year such fees were paid was less than $7500, or in the case of a husband and wife living together in such residence, their combined gross annual income was less than $7500.
Persons eligible for refund of sewer service fees pursuant to Section 7-31 may make application for refund of sanitary sewer service fees paid during the immediately preceding year upon a form provided by the Finance Department.
Persons eligible for refund who live in a duplex or apartment
house shall be eligible for refund of that portion of the sewer service
fees imposed upon such residential unit computed upon a pro rata basis.
Upon the applicant for refund filing a declaration under penalty
of perjury as to the truthfulness of the matters contained in the
application, the Finance Director is authorized to refund to the applicant
all sanitary sewer service fees paid by the applicant during the immediately
preceding year; to acquire additional supporting data; or to deny
the claim if it is determined that the claimant is not eligible for
the refund.
Effective July 1, 1974, refunds shall be made on a fiscal year
basis on applications duly submitted to the Finance Director after
July 1st of each year and before June 30th of the next preceding year.
(Ord. 2103 5-19-72; Ord. 2164 1-8-74; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Administrative Authority, or his duly authorized representative,
in his discretion, may provide for the collection and removal of rubbish
or garbage or market greens or any combination thereof, from any place
or premises at times in addition to those when regular collection
service is provided, or in a manner different from the prescribed
method of collection. Any such additional or different service shall
be charged for at the rate and in the manner prescribed by the Administrative
Authority.
The Public Works Department shall from time to time send statements to each occupant of each premises within the City for the refuse collection services provided and such statements shall be pursuant to the provisions of this Chapter at the rates provided in Section 7-27.
(Ord. 2348 7-31-79; Ord. 96-21 9-24-96)
All fees, rates and charges erroneously paid in a sum greater
than that owing the City, according to the City's records, shall be
refunded to the person having made the erroneous payment.
In the event the City, through inadvertence, has failed to bill
or charge for refuse collection services performed, or has billed
or charged in a sum less than that due the City, the user shall be
obligated to pay such corrected charges; provided, that the back billing
for sums owing the City for prior service shall not include a past
period of refuse service greater than six months. Back billing, however,
shall be authorized without limitation as to time in the event of
a violation of the provisions of this Article.
(Ord. 1983 2-14-69)
An appeal may be taken in writing in any form by filing with
the City Clerk a statement that the occupant appeals from the charges
levied against him. Such appeal may be taken in letter form simply
indicating the appellant's dissatisfaction with the collection charges
reflected on his statement.
Upon receipt of an appeal the City Council may cause the same
to be investigated by the Administrative Authority and upon receipt
of its report may grant the relief requested by the appellant or set
the matter for hearing before the City Council giving the appellant
notice in manner provided in this Section.
At the time set for the hearing, the Council shall give the
appellant an opportunity to prove any error in charges levied for
the refuse collection service provided. Any such hearing may be continued
from time to time to enable the appellant to produce evidence desired
to be produced by him or requested by the Council to be produced.
At the conclusion of such hearing, the City Council shall determine
the refuse collection service provided and the applicable charge therefor.
Any such determination by the City Council shall be conclusive and
final.
In the event an appeal is taken, there shall, at the time of
hearing on the appeal, be before the City Council, the presumption
established in subsection 15 of Section 1963 of the Code of Civil
Procedure of the State of California that official duty has been regularly
performed with reference to the determination of the Administrative
Authority as to the circumstances of the refuse collection service
provided at the particular address.
The appellant must show to the satisfaction of the City Council
that the charges assessed for refuse collection services provided
are erroneous and in support of the appeal appellant shall, when requested
by the City Council, present such available records, documents or
papers as may have a bearing upon the subject.
The City Council may continue the hearing from time to time
for the purpose of securing additional evidence or having an investigation
made concerning the statements or representations of the appellant.
The appellant shall receive written notice in the United States mail,
first class with postage thereon fully prepaid of the time and place
of said hearing, and the City Clerk shall mail said notice at least
five days before the date set for said hearing.
The charges provided for in this Article may be billed monthly,
bimonthly, quarterly or annually as determined by the Administrative
Authority and shall be collected by the Public Works Department from
the person in whose name the water account is carried at each dwelling,
business or building in the City or the occupant of such premises
and such person shall pay the same except as hereinafter provided.
(Ord. 2348 7-31-79; Ord. 96-21 9-24-96)
A fee or charge imposed by this Chapter shall be a civil debt
owing to the City from the occupant of the property receiving the
service.
The Public Works Department, as collection agency for the City
shall institute and maintain a system of accounting as provided by
the City Controller adequate and sufficient to provide complete records
of refuse operations for which charges are imposed by this Article.
(Ord. 2348 7-31-79; Ord. 96-21 9-24-96)
All payments received by the Public Works Department shall be
credited first to the charge provided for in this Chapter and the
balance, if any, to the water bill unless otherwise expressly directed
by the person making the payment.
(Ord. 2348 7-31-79; Ord. 96-21 9-24-96)
In the event that any property is not occupied for a period
of more than thirty days and no water service is provided at said
location during such period and no rubbish or garbage or market greens
or any combination thereof is produced on such property during such
period, no charge will be made for refuse collection from such property.
It shall be unlawful for any person to place, or permit another,
except the City or a contract agent of said City, to carry away from
his premises any salvage, refuse, garbage, food plant waste, market
refuse or byproducts (except suet, tallow, bones or meat trimmings
that the owner or producer thereof can sell for a price greater than
his cost, if any, of hauling said refuse to the point of delivery)
without first securing a written permit from the Permits and Licenses
Committee to treat such material as byproducts.
Application for such permit shall be filed and processed, and
appeal from an adverse determination by the Committee shall be made,
in the form and manner designated in the chapter and article of this
Code governing the processing of permits before the Permits and Licenses
Committee; provided, however, that a hearing shall be set within twenty-one
days from the date an application is filed; and provided, further,
that the Committee and City Council (in the event of appeal) shall
reach a determination within ten days from the conclusion of the hearing.
The following standards shall govern the Committee in issuing
any permit pursuant to this Article:
(1)
A permit may be issued if the net cost of the disposing of the refuse referred to in Section 7-44 is less than one-half of the charge established for the disposal of such refuse hereinafter set forth in this Article.
(2)
Conditions
may be imposed upon the granting of any permit necessary to protect
the public health, peace and safety.
(3)
As
a condition upon the granting of any permit, the applicant shall pay
a minimum refuse collection charge and such further charges as applicable
to the quantity involved in accordance with the rates established
therefor in this Article.
(4)
If,
in the City's judgment, neither the City nor its contract agent can
pick up salvageable material or by-products, a permit may be issued
to permit the owner to do so without charge or fee therefor.
The Permits and Licenses Committee may grant a permit for a
single disposal operation or for such period of time, not to exceed
one year, as it may determine; provided, however, that during the
months of November and December of any year, the Committee may grant
a permit for a period of time extending until December 31 of the following
year.
(Ord. 1893 12-30-66)
