Note: Prior history: Prior code §§ 5200—5222.2;
Ords. 1261, 1341, 1395, 1429, 1433, 1472, 1473, 1511, 1558, 1591,
1849, 1886, 1900, 1901, 1907 and 1922
The purpose of this chapter is to provide for the control and
regulation of the accumulation, collection, storage, transportation,
processing and disposal of refuse, recyclables, and construction and
demolition debris. This chapter is determined and declared to be a
sanitary measure for the health, safety, and general welfare of the
people of the city.
(Ord. 2003 § 1, 2002)
The following are definitions for the purposes of this chapter:
means a person (other than a collector) who is authorized
by a residential household or commercial and/or industrial business
to transport or haul recyclables from its garbage, rubbish, or refuse
container(s) but who does not receive any compensation therefor from
the residential household or commercial and/or industrial business.
means and includes, but shall not be limited to, discarded
large and small household appliances, furniture, carpets, mattresses,
clothing, tires, and oversized wood waste not qualifying as yard waste.
Bulky items does not include yard waste.
means any person or company operating one or more waste collection
or recycling collection vehicle for the purpose of collecting, transporting,
conveying, hauling, recycling, processing and/or disposing of solid
waste and/or recyclables.
means any commercial business establishment including, but
not limited to, hotels, motels, offices and professional buildings,
and retail establishments of all kinds, including supermarkets, filling
stations, department and variety stores.
means any material generated during the construction, demolition
or remodeling of any residential, commercial and/or industrial structure,
foundation or paving within the city including, without limitation,
plant material, lumber, glass, brick, stone, tile, drywall, household
fixtures and roofing materials.
means the place where a collector has contracted with the
city or private business to pick up solid waste and/or recyclables.
This location will customarily be the curbside of a residential neighborhood
or the service alley of a commercial enterprise.
means any business establishment engaged in manufacturing,
warehousing, construction, and/or demolition.
means and includes every owner, tenant, or person having
the care or control of any premises.
means the owner of record of the lot as shown on the last
equalized assessment roll.
means a waste and recycling collector permit issued pursuant
to this chapter.
shall have the meaning as set forth in Section 21.04.565 of this code.
means materials that can be collected and returned to the
economic mainstream in the form of raw material for new or reconstituted
products rather than becoming solid waste. Recyclables may also include
yard waste materials.
includes both garbage and rubbish and shall mean all solid
waste material consisting of unwanted combustible and noncombustible
waste.
means the collection, processing, and/or disposal of refuse
and recyclables from single-family and multifamily residences located
in the city.
means property containing single-family or multifamily dwellings.
means the collector(s) awarded a franchise license or licenses
pursuant to Section 6.08.050.
means leaves, clippings, brush, branches and other forms
of organic waste generated from landscapes and gardens that is not
more than five feet in its longest dimension or six inches in diameter
or weighs more than fifty pounds. Yard waste does not include palm
fronds.
(Ord. 2003 § 1, 2002)
(a)
No
person shall deposit or allow to remain any garbage, offal, rubbish,
or other waste and refuse, bulky items, recyclables, or any garbage,
rubbish, or refuse container upon or in any public street, parkway,
alley, sidewalk, or other public thoroughfare; or in or upon any vacant
lot; or in, upon or within the required front yard of any improved
lot; or upon or within the area of any improved lot between the front
main building facade thereon and the street upon which such lot fronts
except in a manner in conformity with the provisions of this chapter;
(b)
To protect public health, safety, and well-being, and to minimize interference with public rights-of-way, no owner of any lot or premises, or any persons in possession thereof, shall place upon or allow to remain upon any portion of any public street, parkway, alley or sidewalk adjacent to said lot any garbage, offal, rubbish, or other waste and refuse, bulky items, recyclables, or any garbage, rubbish or refuse container unless a written permit is first obtained pursuant to Sections 13.12.010 to 13.12.040 of this code or in a manner in conformity with the provisions of this chapter. This section and Section 13.12.010 shall not apply to the loading and unloading of any boxes, barrels, crates or other objects across any street when no other reasonable means is available and when such street is cleared as soon as practicable;
(Ord. 2003 § 1, 2002)
(a)
Mobile
food facilities must:
(1)
Prevent the accumulation of solid waste in quantities that are unreasonable
or detrimental to the public health or safety;
(2)
Collect, or provide some mechanism for the collection of, all solid
waste from patrons;
(3)
Dispose of all solid waste collected from patrons at some location
outside the city of Monterey Park.
(b)
It
is unlawful for any mobile food facility to dispose of solid waste,
which is collected from patrons in the city of Monterey Park.
(Ord. 2146 § 5, 2018)
(a)
Form of Notice. Whenever the director of community development or designee finds a violation of Section 6.08.030(b), he or she then shall cause notice to be given in the manner provided in this chapter. Said notice shall inform the owner and/or occupant of the lot of the condition constituting a public nuisance and that the owner or occupant has three days from the date of the notice to remove the violation or the city shall abate the nuisance and charge the cost thereof to the owner and/or occupant, which cost shall appear on the water/solid waste collection bill for said property;
(b)
Service
of Notice. Notice of abatement shall be served on the affected lot
by United States mail, postage prepaid, and by personal delivery or
posting said lot. The mailed notice shall be to the owner of the lot.
Service is complete upon personal delivery/posting or date of deposit
in the United States mail, whichever is later. Such notice shall be
placed in the city file and shall indicate date of mailing and date
of personal delivery/posting;
(c)
Abatement.
Within three days of service of the notice, the owner or occupant
shall have the right to abate the public nuisance in accordance with
the notice, at the owner's or occupant's expense. Upon compliance
with the notice by owner or occupant, the notice is terminated. If
such nuisance is not completely abated by the owner or occupant within
said three days, then the director of public works shall cause the
same to be abated by city forces or private contractor;
(d)
Cost
of Abatement. When the director of public works causes the abatement
of said public nuisance, he or she shall keep an accounting of the
cost thereof. Upon completion of such abatement, the director of public
works shall give notice of said cost to the owner or occupant of the
affected lot by the United States mail, postage prepaid. The notice
shall provide the owner or occupant ten days to file a written objection
or protest to the assessment of cost of abating the nuisance. If such
objection or protest is received within ten days of notice, the director
shall consider the objection or protest and make a final decision
on the amount of the cost for abatement of the nuisance. The final
cost for abatement represents the fee for the removal of the solid
waste material/bulky items and shall appear on the subsequent water/solid
waste and recyclables collection bill for the affected property and
shall be subject to the remedies set forth in this chapter.
(Ord. 2003 § 1, 2002)
(a)
To
protect public health, safety, and well-being against the growth and
spread of vectors, it is the duty of every person in possession, charge,
or control of any residential property within the city, in or from
which refuse accumulates or is produced, to keep in a suitable place
and utilize the containers provided by the servicer. No other containers
shall be used;
(b)
If
the capacity of the containers provided by the servicer is insufficient
for the quantity of all refuse, recyclables and/or yard waste generated
at the premises between pickups, then the residential service customer
shall subscribe to such additional service as determined and required
by the servicer to protect the public health, safety, and well-being
against the growth and spread of vectors from such refuse, recyclables
and/or yard waste;
(c)
All
refuse and recyclables to be collected shall be placed in the containers
provided by servicer, as follows:
(2)
Bin Service. The occupant shall place refuse and recyclables in the
bin(s) provided by the servicer;
(3)
Construction and demolition debris. Except for disposal by a self hauler pursuant to Section 6.08.280, construction and demolition debris shall be placed in the debris box(es) provided by the servicer and/or the black container(s) for refuse and recyclables provided by the servicer (the black containers are subject to the three hundred pound weight limit);
(d)
To
minimize interference with the public rights-of-way, no person shall
place a container or bulky item on a parkway for collection service
earlier than twenty-four hours prior to the normal collection date
as specified by the director of public works. To minimize interference
with public rights-of-way, any containers not collected from or any
bulky items not removed shall be removed from the public right-of-way
location by midnight of the scheduled day of collection;
(e)
Unless
otherwise directed by the servicer, containers shall be placed for
collection on the street with the wheels of each against the curb
and at least one foot distance between each container. In instances
where no curb exists, containers shall be placed as close to the edge
of the street as practicable with the wheels toward the lot. For alley
collection, containers shall be placed on the lot as close to the
right-of-way line of the alley as practicable. No occupant shall move
any bin or debris box placed by the servicer.
(Ord. 2003 § 1, 2002)
So long as twenty-four hours prior notice has been given to the servicer, and subject to the time limits set forth in subsection 6.08.060(d), residential service recipients may place bulky items other than ordinary refuse and recyclables at the curb or alley for collection at the next normal weekly pickup. Refrigerators shall be picked up by the servicer within twenty-four hours of such notice. In instances where no curb exists, bulky items shall be placed as close to the edge of the street as practicable.
(Ord. 2003 § 1, 2002)
(a)
The
fees to be paid for providing and making available residential collection
shall be as set forth in a city council resolution;
(b)
All
single-family residential dwellings, and multi-unit residential dwellings
not receiving bin service, within the city that are occupied or otherwise
generating refuse and/or recyclables shall maintain service equivalent
to other similar dwellings;
(c)
All
multi-unit residential dwellings not receiving curbside service, within
the city that are occupied or otherwise generating refuse and/or recyclables
shall maintain a minimum level of collection service which shall be
a one and one-half cubic yard bin serviced at least once per week.
(Ord. 2003 § 1, 2002)
The fees shall be charged and billed as a monthly service charge.
No credit will be allowed for a portion of a month's service. The
city treasurer shall be responsible for all money collected and shall
deposit the same in the general fund of the city.
(Ord. 2003 § 1, 2002)
The method of collecting the residential fees as prescribed
in this chapter shall be as follows:
(a)
The city owns and operates the water distributing system. Bills are sent monthly or bimonthly for water consumed as provided in Section 14.12.240 of this code. It is determined that the bills for water service shall also be the medium for billing and collecting solid waste fees during the month or months for which the bill was rendered. When the regular water bill is rendered for a particular location and there appears thereon a charge for solid waste collection, the total sum shown on the bill shall be paid as a unit. Any payment made shall first be applied to any penalties imposed, then to fees for water service and then to solid waste and recyclables fees; and
(b)
For
all properties which are occupied or are otherwise generating refuse
and recyclables, the property owner is liable for all solid waste
and recyclables collection fees and any penalties imposed in connection
therewith regardless of whether and to what extent the property owner
and/or the occupant utilizes the solid waste and recyclables collection
services provided.
(Ord. 2003 § 1, 2002)
Rendered bills for combined charges for solid waste and recyclables collection and water are due and payable on the date they are rendered, and any sums owing on the combined charges shall be delinquent for purposes of this section and Section 6.08.120 if not paid within thirty days thereafter. Following notice of the delinquency to the responsible property owner or occupant in accordance with the procedures specified in Section 14.12.240 of this code, and failure to pay the unpaid charges by the date specified in a notice issued in accordance with that section, water service may be discontinued until such time as all charges and penalties owing have been paid in full, along with the reconnection charges as provided in Sections 14.12.240 and 14.14.250 of this code.
(Ord. 2003 § 1, 2002)
In addition to the remedies provided in Sections 6.08.110 and 6.08.130, upon the delinquency of any sums owing on the combined charges for solid waste and recyclables collection and water as defined in Section 6.08.110, the responsible property owner or occupant shall be responsible to the city in an action brought by the city in any court of competent jurisdiction for the amount of all such fees and/or charges due and unpaid, together with all applicable penalties and costs.
(Ord. 2003 § 1, 2002)
(a)
In addition to the remedies provided in Sections 6.08.110 and 6.08.120, upon delinquency of any sums owing on the combined charges for solid waste and recyclables collection and water, the city may collect such fees and/or charges against the property owner as provided in this section. For purposes of this section only, sums owing on the combined charges for solid waste and recyclables collection and water are delinquent when the responsible property owner has failed to pay such sums in full for a period of sixty or more days after the date upon which they were billed;
(b)
The
city council shall cause to be prepared annually a report of delinquent
fees. The board shall fix a time, date and place for hearing the report
and any objection or protests thereto;
(c)
The
city council shall cause notice of the hearing to be mailed to the
property owners listed on the report not less than ten days prior
to the date of the hearing;
(d)
At
the hearing, the city council shall hear any objections or protests
of property owners liable to be assessed for delinquent fees. The
city council may make such revisions or corrections in the report
as it deems just, after which by resolution, the report shall be confirmed;
(e)
The
delinquent fees set forth in the report as confirmed shall constitute
special assessments against the respective parcels of land and are
a lien on the property for the amount of such delinquent fees. A certified
copy of the confirmed report shall be filed with the county auditor
for the amounts of the respective assessments against the respective
parcels of land as they appear on the current assessment roll. The
lien created attaches upon recordation, in the office of the county
recorder, of a certified copy of the resolution of confirmation. The
assessment may be collected at the same time and in the same manner
as ordinary county ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for such taxes. All laws applicable
to the levy, collection and enforcement of county ad valorem property
taxes shall be applicable to such assessment, except that if any real
property to which such lien would attach has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer
for value has been created and attaches thereon, prior to the date
on which the first installment of such taxes would become delinquent,
then the lien which would otherwise be imposed by this section shall
not attach to such real property and the delinquent fees, as confirmed,
relating to such property shall be transferred to the unsecured roll
for collection.
(Ord. 2003 § 1, 2002)
(a)
Where
solid waste and recyclables are collected by or on behalf of the city
at locations where water is not furnished by the city, a separate
monthly bill shall be presented to the person liable for the charge,
and such bill shall be due and payable on the date it is rendered;
(b)
Upon the delinquency of any sums owing for such solid waste and recyclables collection, the remedies stated in Sections 6.08.120 and 6.08.130, in addition to any other remedies provided by law, shall be available to the city for collection of such sums. For purposes of this section, delinquency shall be defined as that term is defined in Sections 6.08.120 and 6.08.130, as applicable.
(Ord. 2003 § 1, 2002)
(a)
It
is the duty of every person in possession, charge, or control of any
commercial and/or industrial property within the city, in or from
which refuse accumulates or is produced, to prevent the accumulation
of solid waste in quantities that are unreasonable or detrimental
to the public health or safety;
(b)
Unless
otherwise determined by the servicer or city that a lower minimum
level of collection service shall protect the public health or safety,
all commercial and/or industrial premises within the city that are
occupied or otherwise generating refuse and/or recyclables shall maintain
a minimum level of collection service which shall be a one and one-half
cubic yard bin serviced at least once per week;
(c)
Construction and demolition debris. Except for disposal by self-haulers pursuant to Section 6.08.280, construction and demolition debris shall be placed in the debris box(es) provided by the servicer;
(d)
It
is unlawful for any person in possession, charge or control of any
commercial and/or industrial property within the city to retain the
services of a commercial and/or industrial collector to remove refuse
and recyclables from said property that does not have a franchise
contract with the city or have a city license and waste and recyclables
collection permit;
(e)
Until
June 1, 2007, no new commercial and/or industrial business within
the city or any existing commercial and/or industrial customer of
the servicer shall retain the services of any collector other than
the servicer;
(f)
As
of June 1, 2007, no commercial and/or industrial business within the
city shall retain the services of any collector other than the servicer.
(Ord. 2003 § 1, 2002)
(a)
It
is unlawful for any person to collect refuse, or refuse and recyclables,
from commercial and/or industrial units within the city unless such
a person has a franchise contract with the city or has a valid license
and waste and recycling collection permit from the city to do so;
(b)
All
applications for licenses for the collection of refuse and recyclables
shall be filed in the office of the director of management services
and all such licenses shall expire on December 31st of each calendar
year. No license shall be issued to a collector who did not have such
a license as of May 23, 2002. Any license issued for all or part of
2007 shall be valid from the date of issuance until June 1, 2007.
No license shall thereafter be issued to any collector;
(c)
Before
any such license shall be issued by the director of management services,
a permit shall be obtained from the office of the director of public
works. All such permits are required to be renewed on an annual basis;
(d)
Quarterly,
the servicer shall report to the city the servicer's gross receipts
from commercial and/or industrial customers in the city for that period;
(e)
Fees;
(2)
The fees to be paid for the servicer providing and making available
commercial and/or industrial collection shall be as set forth in a
city council resolution;
(3)
The servicer shall pay into the CERCLA liability fund established
by city council resolution the equivalent amount that the servicer
would pay if the servicer were a permitted collector;
(4)
Resolutions of the city council may set forth other fees to be paid
by a collector and/or the servicer and the method of payment thereof;
(f)
All
collection of refuse and recyclables within the city by licensed and
permitted commercial and/or industrial collectors shall be limited
to the hours between six a.m. and five p.m. each day. Different hours
for collection by the servicer may be set in a franchise contract;
(g)
In
addition to any other remedies available to the city by law, any such
license or permit issued under the provisions of this section may
be revoked or suspended by the city for violation of any of the provisions
of this chapter.
(Ord. 2003 § 1, 2002)
(a)
Application
for a waste and recycling collection permit shall be made on a form
provided by the city, accompanied by an application fee in an amount
established by resolution of the city council. The information provided
in the application shall be certified by the applicant as being true
and accurate. The director of public works may require additional
information as authorized by law;
(b)
Upon its receipt, the director of public works or his designee shall examine each application for conformity with the requirements of this chapter. The director of public works shall have the right to grant, grant with conditions, or deny the permit request, and such decision shall be subject to an appeal to the city council pursuant to Section 6.08.250 of this chapter. In granting, conditioning or denying the permit request, the director of public works and the city council may take into consideration factors, including, but not limited to, the following:
(1)
The ability of the applicant to comply with the solid waste and recycling
handling service requirements of this chapter;
(2)
The ability of the applicant to comply with the equipment standards
enumerated in this chapter; and
(3)
The ability of the applicant to provide the programs necessary to
comply with the Assembly Bill 939 fifty percent waste diversion requirements
or as amended; and to implement the source reduction and recycling
plan proposed by the applicant pursuant to this chapter;
(c)
If
the application is found to conform substantially to the requirements
of this chapter, the application shall be accepted and approved or
approved with conditions. If the director of public works determines
that the application does not conform to the requirements of this
chapter, the application shall be denied and applicant shall be notified
of the grounds for denial. The decision of the director of public
works is subject to appeal. The decision by the city council on a
permit application appeal shall be final;
(d)
No
permit granted pursuant to this chapter shall be assigned or transferred
without the consent of the director of public works. Consent shall
be granted if the assignee or transferee is found by the director
of public works to conform substantially to the requirements of this
chapter. The permit shall be valid from the date of issuance until
December 31st of the same year. It shall be renewable thereafter for
a period of up to one year. Applications for renewal shall be submitted
by December 1st preceding the year applied for and shall be approved
or approved with conditions following confirmation by the director
of public works that the applicant has conformed to the requirements
of this chapter;
(e)
Any
permit issued for all or part of 2007 shall be valid from the date
of issuance until June 1, 2007. No permit shall be issued to any collector
thereafter;
(f)
If
a waste and recycling collection permit has been revoked or not renewed,
it maybe reinstated by application. Such an application shall be made
in the manner specified in this chapter and shall be processed in
the same manner as an application for a new permit. Nothing in this
chapter is intended to preclude the city from considering the revocation
or nonrenewal and grounds therefor in reviewing the application. The
collector must be able to demonstrate that the reasons for permit
revocation or nonrenewal have been rectified;
(g)
No
permit granted pursuant to this chapter shall limit the right of the
city to grant, extend, or renew an exclusive or nonexclusive franchise
for solid waste and recycling services in the city.
(Ord. 2003 § 1, 2002)
The following are requirements only for a collector issued a
waste and recyclables collection permit by the director of public
works:
(1)
All permitted collectors must achieve an annual diversion rate of fifty percent for collected materials though source reduction, recycling, and/or composting. Failure to meet and attain set diversion rates will result in the denial, revocation, or suspension of such permit as per Sections 6.08.170 and 6.08.240 of this chapter;
(A)
The diversion rate for each permit applicant shall be calculated
quarterly, by taking the total number of tons of any and all materials
considered diverted or recycled from the commercial and/or industrial
waste stream as set forth in the four most recent quarterly reports
submitted to the city by the collector as per this section, and dividing
the resulting numbers by the total tonnage of commercial and/or industrial
solid waste reported as being removed by the same collector; and
(B)
If the collector is able to demonstrate through proper documentation
that it is unable to meet the diversion rates set forth above because
the material stream from its specific accounts is not able to be recycled
because: (i) all recyclable materials have already been removed prior
to collection, or (ii) the composition of the material stream to be
collected by the collector is not made up of recyclables, then the
city may adjust the collector's diversion rate proportionately. A
written policy setting forth the documentation necessary and the method
of adjustment shall be adopted by the director of public works;
(2)
The permit applicant must submit a written "Commercial and Industrial Source Reduction and Recycling Plan" with details and a timeframe on what programs and economic incentives will be provided to customers to meet the diversion rates specified in this section and how these programs will be implemented. Minimum contents of this plan are to be prescribed by city council resolution. This plan shall be updated annually, within forty-five days of permit renewal. Failure to submit such plan or update annually may result in denial, suspension, or revocation of said permit as per Sections 6.08.170 and 6.08.240 of this chapter;
(3)
Each permit holder shall submit on a quarterly basis, on a form provided by the city, complete information outlining waste generation, diversion and disposal levels. The contents of this form will be prescribed by city council resolution. The information shall be sufficient to determine compliance with the goals, schedules and requirements of the California Integrated Waste Management Act of 1989 and subsequent amendments, the city's "Source Reduction and Recycling Element" adopted pursuant to this Act, and the requirements of this section. Copies of weight receipts summaries and/or marketing receipts may be required for verification. Said information shall be submitted within forty-five days of the end of the quarter. Failure to submit information within this time shall result in suspension or revocation of permit pursuant to Section 6.08.240 of this chapter;
(4)
All vehicles utilized by the collector in performance of this permit shall be in good condition and repair and be registered with the California Department of Motor Vehicles. All vehicles shall be certified as safe in all respects in annual inspections conducted by the California Highway Patrol, or such agency as is approved by the director of public works. Collectors are required to submit a copy of safety inspection certificates and Department of Motor Vehicle registrations within forty-five days of permit renewal. Each vehicle proposed to be used for the collection of refuse and recyclables shall set forth the name, address and telephone number of the permittee on each side of the vehicle in words and letters not less than two inches in height. Failure of applicant to supply such information may result in denial, suspension, or revocation of said permit as per Sections 6.08.170 and 6.08.240 of this chapter;
(5)
Each
vehicle used for the collection or transportation of refuse or recyclables
within the city shall be equipped with a broom and other equipment
necessary to clean and pick up debris spilled or dropped upon public
or private property during the course of operation. Every driver or
operator working on or with such a collection vehicle shall immediately
pick up, clean, haul away and dispose of all refuse, debris, or litter
spilled or dropped upon public or private property due to the operation
of the vehicles;
(6)
The type, size and number of standard commercial and/or industrial solid waste containers shall be determined by the collector in accordance with the specific needs of the commercial and/or industrial business owner. The following are requirements for all such containers. Failure to comply with these requirements may result in revocation or suspension of permit pursuant to Section 6.08.240 of this chapter;
(A)
All collection vessels such as bins and containers supplied by the
collector to its clients for the collection of refuse or recyclables
shall be leakproof and watertight and comply with all applicable fire
and safety codes;
(B)
The name and local telephone number of the collector shall appear
on all collection vessels in letters not less than two inches in height;
(C)
In order to assist the city in its anti-scavenging efforts, and to ensure adequate recovery and documentation of all recyclable materials, all recycling containers provided by the collector shall have a label stating in Chinese, Spanish, and English, the following or similar language to be approved by the director of public works: "Removal of the contents of this container is a misdemeanor under the City of Monterey Park Municipal Code Sections 6.08.260 and 6.08.270. Individuals caught illegally taking recyclables from this bin will be arrested and prosecuted for theft.";
(D)
The collector shall be responsible for keeping all commercial solid
waste containers in good repair and in a clean and sanitary condition.
The collector shall remove and replace any such containers which are
identified by the director of community development or his designated
representative as being unsanitary or otherwise unfit for use; and
(E)
The collector shall remove all of collector's containers which are
on a public right-of-way or on a lot other than a lot improved with
a commercial and/or industrial unit;
(7)
All
permitted haulers shall, at their own sole expense, obtain and maintain
insurance policies for comprehensive general liability, commercial
automobile liability, worker's compensation, and employer's liability
in form, content and limit of coverage as set forth below. Except
for worker's compensation insurance, the city and its elected and
appointed officials, employees, and agents shall be named as additional
insured. All such policies of insurance shall be issued by an insurer
admitted in the state of California and having a rating of B+ or higher
in the most recent edition of Best's Key Rating Guide. Prior to the
issuance of a permit, and at all times a permit is held by a collector,
the collector shall maintain on file with the public works director
evidence in writing that all of the policies required by this section
are in effect and in the required amounts. All certificates of insurance
shall be accompanied by the applicable endorsements of the specific
insurance policy. All policies of insurance, and if applicable, all
certificates to self-insure, shall be subject to the approval of the
city's risk manager and city attorney. The public works director shall
be notified in writing thirty days in advance of policy cancellation.
If any policy of insurance or certificate to self-insure specified
in this section is not maintained in full force and effect by the
hauler, the city in its sole discretion may either suspend or revoke
the permit, or, if the subject insurance is available at reasonable
cost, the city may procure the necessary insurance and pay the premium
thereon, at the collector's sole expense;
(A)
Comprehensive General Liability Insurance. Collectors shall obtain
and maintain a policy or policies of comprehensive general liability
insurance providing coverage for any personal injury, death, loss
or damage resulting from the intentional wrongful or negligent act
of the collector including, but not limited to, products and completed
operations, with minimum limits of one million dollars per occurrence,
combined single limit. If the comprehensive general liability insurance
policy includes a general aggregate limit, that limit shall be at
least three million dollars;
(B)
Commercial Automobile Liability Insurance. Collectors shall obtain
and maintain a policy or policies of commercial automobile liability
insurance providing comprehensive vehicle liability coverage including,
but not limited to, bodily injury, personal injury, uninsured motorist,
medical payments, collision and property damage with a combined single
limit of one million dollars per occurrence. In lieu of the above-stated
requirements, collectors may submit the city a certificate to self-insure
for comprehensive vehicle liability issued by the appropriate state
regulatory agency. Any such certificate shall be subject to the approval
of the city's risk manager and the city attorney; and
(C)
Workers' Compensation and Employer's Liability Insurance. Collectors
shall obtain and maintain a policy of workers' compensation insurance
in accordance with the state workers' compensation laws, and an employer's
liability insurance policy with minimum limits of one million dollars
per accident. In lieu of the above-stated requirements, contractor
may submit to the city a certificate to self-insure issued by the
California Director of Industrial Relations;
(8)
Each
collector issued a permit shall be responsible for arranging for the
disposal of any solid waste collected and shall arrange for such disposal
in accordance with all applicable federal, state, and local regulations
and laws. The city of Monterey Park shall assume no liability which
may arise due to the solid waste disposal arrangements of the waste
and recycling collectors. Each collector shall indemnify and hold
harmless the city, its officials, officers, employees and attorneys
from and against all claims, fines, penalties, suits, actions, damages,
liabilities or judgments, including costs and attorneys' fees, whether
known or unknown, in law or in equity, arising from, relating to,
or in connection with collector's conduct of business in the city
or pursuant to the permit issued to collector and collector's disposing
of waste at landfills, including without limitation environmental
liability, which may include liability under the Comprehensive Environmental
Response Compensation and Liability Act of 1980, 42 U.S.C. Section
9601 et seq., or any other federal, state or local law governing hazardous
waste or hazardous substances (the environmental liability collectively
hereinafter "CERCLA liability"). The city council shall establish
by resolution a CERCLA liability fund and the amount and procedure
by which each collector shall be required to pay into said fund. Amounts
deposited in said fund shall be utilized for purposes of the indemnification
from CERCLA liability. Amounts deposited in the CERCLA liability fund,
together with any accrued interest thereon, shall be used and applied
to protect and indemnify the city against claims, etc. which may arise
as set forth above. Funds deposited pursuant to this section shall
remain with the city during the entire period which liabilities may
be incurred. Nothing contained within this section or this chapter
including any monetary limits shall in any way prevent, limit, or
otherwise alter the city's right and/or ability to bring any cause
of action or claim against a collector for contribution and/or indemnity
in addition to or in the alternative of the indemnities provided herein.
A waste and recyclables collector may be considered for exemption
under this section provided that it is demonstrated to the satisfaction
of the city, that at no time, either in the present or past has refuse
or other related material been deposited into a specified landfill
or other depository establishment falling under the contexts or purviews
of CERCLA as may be amended from time to time.
(Ord. 2003 § 1, 2002)
The permitted collector's failure, refusal or neglect to prepare
and submit any of the reports required by this chapter, or the inclusion
of any materially false or misleading statement or representation
in any such report, shall be deemed a material breach of the permit
and shall constitute a cause for the director of public works to revoke
or not to renew the waste and recycling collector permit issued by
the city. In addition to other remedies available to the city, a penalty
may be imposed in accordance with the schedule to be set forth by
resolution.
(Ord. 2003 § 1, 2002)
(a)
The
director of public works, acting by and through a duly authorized
officer, employee, agent, or independent contractor shall have the
right, at all reasonable times and upon reasonable advance notice,
to review and to audit all financial and other records related to
waste tonnages, recyclables, and the franchise fees maintained by
the permitted collector which pertain only to the commercial solid
waste collection services authorized under this permit to verify the
accuracy of all records and reports made to the city. If requested,
the permittee will provide a certified copy of the permittee's last
fiscal year's financial report, which indicates, among other things,
all contracts with commercial and/or industrial units in the city.
The city council may by resolution adopt such administrative procedures
as necessary detailing the procedure of such audits including the
standards under which the permitted collector shall be responsible
for the cost of the audit;
(b)
The
city, in issuing or reviewing any collector permit in connection with
any action relating thereto or with any authorized enforcement activity,
may investigate the operation of any waste and recycling collector
operating within its jurisdiction. The city may require that any person
who is a waste and recycling collector shall furnish, upon penalty
of perjury, such technical or monitoring program reports or other
reports as the city may specify. In such an investigation, the city
may inspect the facilities, equipment or vehicles used for storage,
collection, transportation, processing or disposal of solid waste
or recyclables as necessary to ensure compliance with this chapter.
(Ord. 2003 § 1, 2002)
All financial information contained in the permit application
made to the city pursuant to this chapter shall be deemed to be confidential
and shall be retained by the city for its use and such information
shall not be released to anyone other than the applicant without the
consent of the applicant. In addition, except to the extent that public
disclosure is required by law, city shall maintain the confidentiality
of any information contained in applicant's report which is clearly
identified by the applicant as being "confidential" or "proprietary."
The city shall promptly notify applicant of any requests made by members
of the public to inspect or copy information submitted by applicant
which is identified by the applicant as being "confidential" or "proprietary."
(Ord. 2003 § 1, 2002)
No permit shall be required of the servicer; nor of any landscape
contractor, tree surgeon or building contractor licensed by the city
for his or her respective business solely for the removal of debris
resulting from the operations of any such business for which he or
she is thus licensed; nor of any person licensed by the city performing
work as an independent contractor for the abatement of weeds, the
clearing of land or the regular and continual maintenance of premises
in the city.
(Ord. 2003 § 1, 2002)
Any collector, other than a collector licensed and permitted,
franchised, or otherwise authorized by the city, which engages in
collection of solid waste or recyclables collection shall be guilty
of a misdemeanor punishable as provided generally for violations of
the Monterey Park Municipal Code. Each day in which a collector engages
in the collection of waste or recyclables, or permits a commercial
bin to remain in the city without a franchise, license and permit,
or other authorization granted by the city, shall be a separate offense.
(Ord. 2003 § 1, 2002)
Any permit, license, or other city-issued authorization other
than a franchise issued to a servicer (collectively referred to as
"authorization") issued under this chapter is subject to revocation
or suspension for cause. In addition to the grounds provided elsewhere
in this chapter, the following shall constitute a basis for the revocation
or suspension of an authorization:
(a)
When
the continuance of the operations of the collector under such authorization
shall be contrary to the public health, safety, well-being, peace,
welfare or morals, or shall be found to constitute a public nuisance;
(b)
If
the holder of the authorization commits a material violation or multiple
minor violations of any federal or state law, the regulations of the
California Integrated Waste Management Board, a local enforcement
agency, this code, or any condition of the authorization;
(c)
If
the holder of an authorization practices, or attempts to practice
any fraud or deceit upon the city, or makes or uses any false, fictitious
or fraudulent statements or representations, or practiced any fraud
or deceit or made any false, fictitious or fraudulent statements or
representations in connection with the issuance or renewal of the
authorization or with its reporting requirements;
(d)
If
the holder of the authorization becomes insolvent, unable or unwilling
to pay its debts, or a receiver or trustee is appointed to take over
and conduct the business of the authorization holder whether in a
receivership, reorganization or bankruptcy proceeding;
(e)
If the holder of the authorization fails to provide or maintain in full force and effect the insurance required by Section 6.08.180; or
(f)
If
the holder of the authorization commits a material violation or multiple
minor violations of any order or ruling of any regulatory body with
respect to solid waste and recyclables collected within the city of
Monterey Park, except that such order or ruling may be contested by
appropriate proceedings conducted in good faith, in which case no
violation shall be deemed to have occurred until a final decision
adverse to the holder of the authorization is entered.
(Ord. 2003 § 1, 2002)
(a)
If
the city's public works director determines that the performance of
a permitted collector is not in conformity with this chapter, or with
reasonable industry standards in southern California or contained
in the California Integrated Waste Management Act including, but not
limited to, requirements for implementing diversion, source reduction
and recycling, or any other applicable federal, state or local law
or regulation, including but not limited to, the laws governing transfer,
storage or disposal of solid and hazardous waste, the public works
director shall advise the permitted collector in writing of such alleged
deficiencies. The public works director, in any written notice of
deficiencies, shall state a reasonable time within which the permitted
collector is to correct the deficiencies and respond. Unless otherwise
specified, a reasonable time for response and correction of deficiencies
shall be thirty days from the mailing of such written notice to the
permitted collector;
(b)
At
the expiration of the time set for response and correction from the
permitted collector, the public works director shall review the record,
including any written response from the permitted collector, and make
a determination in writing. The director's determination may include
withdrawal of the notice, extension of the times to correct the deficiencies,
modification of the cure, suspension of the permit pending correction
or revocation of the permit. A decision or order of the public works
director shall be final and binding unless the permitted collector
files a "notice of appeal" with the city clerk (with a copy to each
of the city manager, city attorney, and public works director) within
thirty days of the date of the decision or order of the city's public
works director. A notice of appeal shall not be accepted by the city
clerk for filing unless accompanied by the filing fee in an amount
to be set by the city council by resolution;
(c)
If
a notice of appeal to the city council is timely filed, the city council
may set the matter for an administrative hearing and act on the matter
or refer the matter to a referee. If the city council elects to hear
the matter, the city clerk shall give ten days' written notice of
the time and place of the administrative hearing. At the hearing the
city council shall consider the administrative record, including the
notice of deficiency, the permitted collector's response, the statement
of resolution by the public works director and the permitted collector's
notice of appeal to the city council and shall give the permitted
collector, or its representatives and any other interested persons,
a reasonable opportunity to be heard. The proceedings before the city
council shall be an informal administrative hearings and the rules
of evidence as generally applied in judicial proceeding shall not
be applicable;
(d)
After
the hearing, the city council shall determine by resolution whether
the appeal should be granted or denied, or other decision deemed necessary
such as suspension, revocation, penalties, additional conditions,
additional time to cure or modification of the actions to cure. A
tie vote of the city council shall be regarded as upholding the action
of the public works director. The decision of the city council shall
be final and conclusive.
(Ord. 2003 § 1, 2002)
Unless otherwise provided by franchise or permit, no person
other than an authorized recycling agent shall remove paper, glass,
cardboard, plastics, aluminum, or other recyclable materials to be
designated by the city from any garbage, rubbish, or refuse container,
bin, or debris box of another that has been placed at a designated
collection location for the purposes of collection and/or recycling.
(Ord. 2003 § 1, 2002)
Any person violating Section 6.08.260 shall be guilty of a misdemeanor. Each person guilty of a misdemeanor shall be guilty of a separate offense for each and every receptacle from which the person removes recyclable materials in violation of this chapter and shall be punished accordingly.
(Ord. 2003 § 1, 2002)
(a)
It
is unlawful for any person to collect, process, and/or dispose of
construction or demolition debris unless such a person (i) has a franchise
contract with the city, or (ii) is self-hauling the debris pursuant
to this section;
(b)
The
city council shall establish by resolution the maximum square footage
of a construction, demolition or remodeling project for which a self-hauler
is not required to submit a building debris management report to collect,
process, and/or dispose of construction and demolition debris. If
the square footage of the construction, demolition or remodeling project
will be at or below the established threshold, then the selfhauler
is authorized to collect, process and/or dispose of construction and
demolition debris to be generated by him or her during the project
without the need to submit a building debris management report;
(c)
If
the square footage of the construction, demolition or remodeling project
will be above the threshold established by resolution, then the self-hauler
must first submit Part 1 of a building debris management report on
a form provided by the city building division staff before such applicant
is authorized to collect, process, and/or dispose of construction
and demolition debris to be generated by the applicant during the
project;
(d)
Part
1 of the building debris management report shall identify the anticipated
types of all construction and demolition debris to be generated from
construction, demolition or remodeling by the applicant during the
project and shall be submitted by the applicant to the city building
division staff. Additional information may be requested as authorized
by law or resolution of the city council. Once Part 1 of the building
debris management report meeting such requirements has been submitted
by the applicant to the city building division staff, the applicant
shall be authorized to collect, process, and/or dispose of construction
and demolition debris to be generated by the applicant during the
project;
(e)
Within
thirty days after the collection, processing, and/or disposal of the
construction and demolition debris generated by the permittee during
the project, but prior to the final permit signoff, the permittee
shall submit to the city building division staff Part 2 of the building
debris management report and all required documentation that verifies
that at least fifty percent (or such lower level as the city building
division shall establish at the time of submittal of Part 1 of the
building debris management report if that amount is impractical for
the particular project and if the applicant requests such a modification)
of the construction and demolition debris generated by the permittee
during the project was diverted from a landfill, including receipts
of disposal, reuse or recycling of generated materials stating where
the materials were taken, the date they were received, the amount
received and the type of material received;
(f)
Once
Part 2 of the building debris management report and all of the required
documentation have been submitted to the city building division staff,
the final permit signoff may then occur;
(g)
One
or more resolutions of the city council may set forth the fees to
be paid by an applicant and the method of payment therefor for the
administration and review of the building debris management report;
(h)
Upon
the determination by city building division that the permittee did
not submit Part 2 of the building debris management report and all
of the required documentation, and if such deficiency is not successfully
rectified by the permittee within two weeks of notification, the city
building division shall record the permittee's failure and the final
permit signoff may then occur. Following any recorded failure of any
sort, in order for the permittee to submit a building debris management
report for the immediately following project, the applicant shall
first post a refundable cash bond, the amount of which shall be set
by resolution of the city council, to be held by the city building
division pending the submittal of Part 2 of the building debris management
report and all of the required documentation. Upon the determination
by city building division that the permittee did not submit Part 2
of the building debris management report and all of the required documentation
for that immediately following project, and if such deficiency is
not successfully rectified by the permittee within two weeks of notification,
the final permit signoff may then occur, the permittee shall, as a
penalty, forfeit the proceeds of the cash bond to the city, and the
city building division shall record the permittee's failure, subject
to the permittee's right to request an administrative hearing thereon
within five days of notice from the city thereof. In addition to the
forfeiture of the proceeds of the cash bond, if applicable, a third
recorded failure of any sort by a permittee within a calendar year
shall be cause for suspension, after an administrative hearing, of
the permittee's business license, if any, for a period of up to twelve
months.
(Ord. 2003 § 1, 2002)
