Prior code history: §§ 6-3.101—6-3.302
For the purpose of this chapter, the following terms, words and phrases are defined as follows:
"Act"
means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under said Act, as may be amended from time to time.
"Automated lift container" or "container"
means a container with a hinged lid that is designed to be lifted, dumped, and returned by solid waste collection vehicles that have a mechanical lifting device.
"Authorized containers"
means the types of containers provided by the city that are authorized to be used for solid waste collection within the city. Authorized residential containers are 96 gallon automated lift containers provided by the city for residential solid waste collection. Authorized commercial containers are bins as described below. The director must authorize in writing the use of any other type container for residential or commercial solid waste collection. Solid waste set out for collection in any unauthorized or unapproved containers will not be serviced until the solid waste is placed in an authorized container for collection.
"Authorized person."
See "Collector" and "Permittee."
"Bin" or "automated lift bin,"
means a metal or composite material container, one to six cubic yards in size, supplied by the city for a rental fee, approved by the director for the deposit of solid waste (loose or compacted) which shall:
1. 
Have a close-fitting cover for each compartment;
2. 
Be leak-proof if carrying wet wastes;
3. 
Be free of sharp, rough, or jagged surfaces or edges likely to cause injury;
4. 
Uses casters or other means for easy movement (for bins up to four cubic yards in size);
5. 
Be designed in a manner to be emptied mechanically.
"Bin service"
means service approved by the solid waste superintendent wherein the city provides one or more commercial bins of one to six cubic yard in size. Such bins shall be furnished by, rented from, and serviced by the city.
"Blue container"
has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
"Bulky wastes"
means and includes large items of solid waste such as appliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other wastes of large size or significant weight not easily contained in a solid waste container, or which precludes or complicates handling by normal collection or disposal methods.
"Bundle"
means a package containing organic waste only (no liquids), not exceeding four feet in its longest dimension, two feet in diameter nor 40 pounds in weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage.
"Buy-back facility"
means a facility which purchases source-separated recyclable materials.
"Cart"
see "automated lift container" above.
"City"
means city of Hanford.
"City council"
means the city council of the city of Hanford.
"City manager"
means the city manager of the city of Hanford or the manager's designee.
"Collector"
means any authorized person who operates a service route or provides service and is directly or indirectly reimbursed for the collection, transportation and disposal of solid waste from residential, commercial or industrial premises where generated in the city of Hanford.
"Commercial business" or "commercial generator"
means any commercial or industrial property that generates solid waste; offices; churches; hospitals; other commercial sources of solid waste; multifamily dwellings (defined below); and schools.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
"Commercial solid wastes"
means and includes solid waste generated by commercial generators.
"Compost"
means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility.
"Construction and demolition wastes" (C&D)
means and includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements and structures.
"Container contamination" or "contaminated container"
means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"County"
means the county of Kings, California
"Curbside collection"
means the collection of solid waste from a location adjacent to the street or alleyway.
"Customer"
means the person in whose name an account for solid waste service is established.
"De minimis"
means a quantity of material below a certain threshold.
"Delinquent balance"
means fees which are not paid in accordance with the schedule established by the city council or director as required by Section 13.12.150, et seq. At the time the fees become delinquent, they shall constitute an unrecorded lien against the property.
"Director" or "public works director"
means the director(s) of the department(s) responsible for carrying out the provisions of this chapter, the city of Hanford public works department.
"Dwelling unit"
means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter and except as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Food"
has the same meaning as in Section 113781 of the Health and Safety Code.
"Food distributor"
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
"Food facility"
has the same meaning as in Section 113789 of the Health and Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; or
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
"Food-soiled paper"
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper cups, napkins, coffee filters, pizza boxes, and milk cartons.
"Food waste"
means discarded food and food-soiled paper.
"Gray container" or "black container"
has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of grey container waste.
"Gray container waste" or "black container waste"
means solid waste that is collected in a gray or black container that is part of a three container collection service that prohibits the placement of organic waste and recyclables in the gray or black container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container" or "greenwaste container"
has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.
"Grocery store"
means a store primarily engaged in the retail sale of canned and packaged food; dry goods; fresh fruits and vegetables; fresh meats, seafood and poultry; and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood departments.
"Hazardous wastes"
is any substance or material that is identified as hazardous and is subject to regulation under Federal or State law. This includes any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the properties of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by-products of manufacturing processes, discarded used materials such as used oil, or discarded unused products, such as paint, cleaning fluids (solvents) or pesticides. Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt. Hazardous wastes include, without limitation, household products that contain corrosive, toxic, ignitable or reactive ingredients; examples include products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients.
"Health facility"
has the same meaning as in Section 1250 of the Health and Safety Code.
"Industrial waste"
means and includes all types of solid wastes that result from industrial processes and manufacturing operations. Industrial wastes do not include wastes legally discharged to the sanitary sewer system.
"Infectious waste"
is defined as solid waste capable of causing infectious disease, such as items contaminated with blood, saliva, or other body substances, or those actually or potentially infected with pathogenic material.
"KWRA"
means the Kings Waste and Recycling Authority, a joint powers authority consisting of the county of Kings and member cities.
"Landfill"
means a disposal site at which solid waste is deposited and compacted before burial in a specially prepared area which provides for environmental monitoring and treatment.
"Large event"
means an event, including, but not limited to, a sporting event or a flea market, that serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned property, including, without limitation, a park, parking lot, golf course, street system, or other open space when being used for an event.
"Large venue"
means a permanent venue facility that can seat or serve more than 2,000 individuals per event within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
"Local education agency"
means a school district, charter school, or county office of education that is not subject to the control of city regulations related to solid waste.
"May"
is permissive.
"Medical waste"
means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. This definition includes, but is not limited to:
1. 
Blood-soaked bandages;
2. 
Culture dishes and other glassware;
3. 
Discarded surgical gloves;
4. 
Discarded surgical instruments;
5. 
Discarded needles used to give shots or draw blood (e.g., medical sharps);
6. 
Cultures, stocks, swabs used to inoculate cultures;
7. 
Removed body organs (e.g., tonsils, appendices, limbs);
8. 
Discarded lancets.
"Mixed recyclables container" or "blue container"
means a container or containers approved by the solid waste superintendent and identified solely for the disposal of recyclables as defined in this section.
"Multifamily dwelling"
means three or more attached or detached dwelling units on a single parcel or located on adjoining parcels that function as a single development through shared access, whether rented, leased or separate ownership. Multifamily premises do not include hotels, motels, or other transient occupancy facilities utilized by occupants as non-permanent dwellings. For the limited purposes of complying with State regulations, "multifamily dwelling" shall mean five or more such dwellings.
"Non-local entity"
means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. 
Special district(s) located within the boundaries of the city;
2. 
Federal facilities, including military installations, located within the boundaries of the city;
3. 
Prison(s) located within the boundaries of the city;
4. 
Facilities operated by the state park system located within the boundaries of the city;
5. 
Public universities (including community colleges) located within the boundaries of the city;
6. 
County fairgrounds located within the boundaries of the city;
7. 
State agencies located within the boundaries of the city.
"Nuisance"
means a violation of this chapter or anything which is injurious to health or is offensive to the senses or an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Oils"
are defined as any mineral, vegetable, or synthetic substance or animal or vegetable fats that are generally slippery, combustible, viscous, liquid or liquefiable at room temperatures, soluble in various organic solvents such as ether but not in water. Common oils include but are not limited to:
1. 
Petroleum or a petroleum derivative, such as engine oil or lubricants;
2. 
Oil based paints;
3. 
Cooking oil or fat;
4. 
Fuels such as gasoline or diesel fuel.
"Organic waste"
means all organic putrescible materials, including, without limitation, food, plants, leaves, weeds, grass and grass clippings, landscape prunings, trimmings, small branches, stumps, lumber without nails, sawdust, and compostable food-soiled paper or cardboard products. Organic waste does not include treated, stained, or painted wood or other materials that are coated with a toxic or non-compostable substance.
"Overfull"
means filled to a level exceeding the designed capacity of a container or bin. A container or bin shall be deemed overfull when the material therein extends above the lip of the container or bin and/or the lid of the container or bin is unable to close fully. Containers or bins too heavy to lift or move shall also be considered overfull.
"Permittee" or "permitted hauler"
means a person who has been issued a permit as prescribed in this chapter to engage in the collection, handling or processing of solid waste within the city.
"Person"
means an individual, firm, association, partnership, public or private corporation, company, organization, political subdivision, governmental agency, trustee, receiver or any other entity whatsoever.
"Premises"
means a tract or parcel of land with or without habitable buildings or appurtenant structures.
"Prohibited container contaminants"
means the following:
1. 
Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container;
2. 
Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container;
3. 
Discarded materials placed in the gray or black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and
4. 
Hazardous substances, hazardous waste, infectious waste, designated waste, volatile material, corrosive material, medical waste, regulated radioactive waste, and toxic substances or material that, upon acceptance, would be a violation of local, state, or federal law, regulation, or ordinance. Provided however, the term "prohibited container contaminants" does not include de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste
"Putrescible waste"
means and includes wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes and offal.
"Recovered organic waste products"
means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recycled-content paper"
means paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
"Recyclable wastes," "recyclables," or "mixed recyclables"
means non-putrescible and non-hazardous residential, commercial or industrial solid recyclable waste, which includes, but is not limited to, clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non-compostable substance. Recyclable wastes are included within the definitions for solid waste, as outlined in this section.
"Residential wastes"
means and includes all types of domestic solid waste which originate in dwelling units.
"Rubble"
means rocks, concrete, bricks and similar solid material; plaster, dirt and similar abandoned or discarded inorganic, noncombustible, non-putrescible materials; building construction or demolition waste materials; and sod.
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"Shall"
is mandatory.
"Single-family residence"
means of, from, or pertaining to any residential premises with fewer than three units. For the limited purpose of implementing and assessing compliance with SB 1383, "single-family residence" shall include multifamily residential dwellings with fewer than five units.
"Sod"
is defined as soil with some type of grass or plant growing in it, cut or dug up from the ground.
"Soil" or "dirt"
is defined as the upper layer of earth in which plants grow, a black or dark brown material typically consisting of a mixture of organic remains, clay, and rock particles; dirt is loose soil.
"Solid waste"
means all putrescible or nonputrescible solid and semi-solid waste, including recyclables, organic waste, gray container waste, excepting the following: solid waste generated by commercial agricultural operations, and liquid-carried industrial wastes, and sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, hazardous substances, hazardous waste, infectious waste, volatile material, corrosive material, medical waste, infectious waste, regulated radioactive waste, rubble, and toxic substances or material that, upon acceptance, would be a violation of local, state, or federal law, regulation, or ordinance.
"Solid waste collection service"
means service furnished by the city or a duly permitted collector for the collection and disposal of solid waste within the city and the areas serviced by the city in the county of Kings and hauling said waste to a facility for processing, transfer and disposal.
"Solid waste containers."
See "Authorized containers."
"Solid waste facility"
means a disposal site, buy-back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in California Public Resources Code Section 40194 and as amended from time to time. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables, but shall exclude private residences engaged in salvaging of recyclables for their own purposes.
"Solid waste processor"
means any authorized person regularly engaged in the processing and/or recycling of solid wastes. solid waste processor includes a "buy-back facility."
"Solid waste separation"
means the placement of recyclables and organic wastes in separate containers; the physical separation of recyclables and organic wastes from other solid waste. The term segregation shall be interchangeable with separation.
"Solid waste superintendent"
means the public works director of the city or such person designated by him or her to supervise the solid waste collection and disposal service for the city.
"Source separation" or "source separated"
means the separation or segregation of solid waste, at the place of generation or production of the wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.
"Source separated green container organic waste"
means organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste created by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
"Source separated recyclable materials"
means source separated non-organic recyclables and source separated blue container waste.
"Special haul"
means the collection of solid waste in excess of the maximum amounts of solid waste to be collected by the city at a single collection or collection of any material not defined in this section as solid waste.
"Special waste"
means solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods. Such wastes will be collected and/or processed separately from the regular collection and procedures.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
"Temporary service"
means limited-term service for bins which may be requested for a period not to exceed four weeks or more than four dumps in any four week period. Temporary service may be requested up to three times in any 12 month period, unless authorized by the director or designee, and except for construction sites or work requiring a permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the director.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. 
Hotel with an on-site food facility and 200 or more rooms.
3. 
Health facility with an on-site food facility and 100 or more beds.
4. 
Large venue.
5. 
Large event.
6. 
A State agency with a cafeteria with two hundred (250) or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. 
A local education agency facility with an on-site food facility.
"Walk-in service"
means service where one authorized container may be placed for collection not more than 75 feet from the curb face. Such service shall be limited to residential customers who are blind, disabled or, for some physical reason, cannot move their containers to the curb or alley. Such hardship cases will be reviewed and a decision made on an individual basis by the solid waste superintendent.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 22-06 § 1, 2022)
The city manager is authorized to delegate authority and, in accordance with Chapter 2.48, expend all necessary resources in order to carry out the provisions of this chapter. The city manager and/or designee is also authorized to:
A. 
Establish residential and commercial minimum service required to prevent accumulations of solid waste which would lead to a threat to the health and safety of the citizens of the city;
B. 
Set policies and standards for efficient and effective solid waste collection and disposal services;
C. 
Recommend to the city council revisions to fees and charges for regular service which are needed to insure that all solid waste collection, transport, and disposal costs, both direct and indirect, are met;
D. 
To the extent the Proposition 218 process is inapplicable, set charges for service not specified in the rates adopted by resolution of the city council;
E. 
Enforce the rules and regulations contained in this chapter;
F. 
For commercial generators and residential units under this chapter, the director shall have the authority to establish appropriate service variances in applying this chapter. Such variance shall be at the sole discretion of the director.
G. 
The director and designee(s) are authorized to enter any restaurant, hotel or other public place, or yard or out building to determine compliance with the provisions of this chapter.
(Ord. 22-06 § 1, 2022)
A. 
Subscription Required. Any and all person(s) in possession or control of all places and premises within the city shall be required to use, and shall pay for solid waste collection and disposal services provided by the city, as found by the director to be necessary to allow for removal of all solid waste normally created, accumulated or produced on the premises during the intervals between regular collections.
In the event city is unable to provide the solid waste collection service required by any person, as defined herein, the owner, tenant, or representative of the premises may contract with a hauler permitted to operate within the city.
B. 
Nothing in this chapter shall be interpreted as prohibiting an owner or occupant of any premises from the incidental self-hauling of recyclable material, organic waste, gray container waste, or rubble generated on their premises to an appropriate disposal site, hazardous waste collection site, or organics or recycling collection facility located within the county of Kings. The owner or occupant is, however, still required to maintain minimum city-provided solid waste services as defined in Section 13.12.040 below, and pay all associated fees for the service as established by the city.
C. 
Except for duly licensed solid waste facilities, it is unlawful for any occupant or owner of any building, lot, or premises in the city to allow or permit to collect or remain on such premises any solid waste such that it causes a public nuisance.
D. 
All premises shall be kept free of solid waste and other discarded materials. The owner, occupant, or operator of any premises shall be responsible for the safe and sanitary storage of all solid waste, recyclables, organic waste, and other discarded materials accumulated on the premises.
E. 
Storage of Solid Waste. It shall be the duty of every owner and occupant of any private property generating solid waste to provide, and at all times to keep within the building or on the lot on which the building is situated, sufficient automatic lift containers and/or bins to allow storage of all solid waste and rubble normally accumulated on the premises during the intervals between regular collections without spillage, escape of odors, fly breeding, or creation of any nuisance.
1. 
Owners of property within the city shall provide sufficient space on the property to store all containers and/or bins being used to collect all solid waste generated on the property.
a. 
Residential containers shall be stored on the property off the street during non-collection days and in a location where the containers are screened and cannot be easily viewed from the public right of way.
b. 
In order to maintain cleanliness, restrict public view, contain waste spillage and restrict access, all bins used for waste collection, unless otherwise exempted herein, must be stored on the property in approved enclosure(s) built to city standards. Enough enclosure space shall be allocated to provide sufficient bin storage area for each bin on the property.
c. 
If the city determines it is unfeasible or unsafe to locate the enclosure(s) on the property for direct stab service accessibility, at his or her discretion, the public works director may authorize the execution of a written agreement with the property owner and recorded with the property, to allow the owner or tenant to roll the bin(s) out to the street between the hours of five p.m. on the day prior to collection and four thirty a.m. on the day of collection. Bins shall be rolled back in no later than midnight on the day of collection. All bins are required to be stored on the property in enclosures built to city standards on non-service days.
d. 
Sites developed under prior city standards for enclosures that have insufficient enclosure space for multiple solid waste containers shall not be required to construct additional enclosures unless required as a condition of remodeling/expanding of the premises. Containers not placed in enclosures must be located such that they are screened and not easily visible from the public right-of-way.
e. 
Any exceptions to the above requirements must be authorized in writing by the public works director or designee.
2. 
Owners and/or tenants of a property shall be responsible to maintain and clean/pick up any spillage or littering of solid waste prior to the container or bin being serviced, regardless of who caused the spillage or littering. Likewise, automatic lift containers and bins shall be kept in a sanitary condition by property owners and persons in possession or control thereof.
3. 
The city reserves the right to require the exclusive use of city-provided automated lift containers and/or bins for all regular solid waste collection services provided by the city.
F. 
Source Separation Required. All customers in the city, except those specifically exempted in this chapter or in writing by the public works director, must source separate their recyclable waste and organic waste, and place each type in a separate container designated for that specific type of collection.
1. 
Generators shall place source separated green container organic waste, including food, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, and shall not place prohibited container contaminants in collection containers.
2. 
The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses shall adjust the service level for their collection services as requested by the city.
3. 
Excluding single-family and multifamily residential dwellings, each generator shall provide containers for the collection of source separated green container organic waste and source separated blue container recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business will not be required to provide that particular container in areas where disposal containers are provided for customers.
4. 
Pursuant to 14 CCR Section 18984.9(b), the containers provided to a commercial generator shall have either:
a. 
A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. 
Container labels or imprints that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
5. 
Contamination. No person may mix solid waste of one type in a collection container designated for another type, except as otherwise provided in this chapter. A violation of this section shall constitute a nuisance, and result in the contaminated container(s) being left unserviced, with a tag placed on the container describing the violation and why the container was left unserviced and notifying the customer of any actions or fines being assessed. The customer is required to correct the contamination issue prior to the container being serviced. Repeated instances of contamination may result in higher fees to service the contaminated container, fines, or both.
G. 
Commercial Generator Requirements. To the extent practical through education, training, inspection, and/or other measures, commercial generators shall:
1. 
Prohibit employees from placing materials in a container not designated for those materials.
2. 
On a monthly basis, inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
3. 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
4. 
Landlords shall provide education information before or within 14 days of occupation of the premises by new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.
5. 
Provide or arrange access to properties for the city, or its designee, to confirm compliance with the requirements of this chapter.
H. 
Ownership/Scavenging of Solid Waste.
1. 
Solid waste, when placed out in authorized containers for collection, shall be deemed to be city property and under control of the city. Without permission of the city, no person shall remove waste or materials placed in an authorized container.
2. 
Any person violating the provisions of this section shall be guilty of a misdemeanor. At the discretion of the enforcement officer, the violation may alternatively be charged as an infraction or treated as an administrative violation.
(Ord. 22-06 § 1, 2022)
A. 
Prior to occupancy, a property owner or tenant must establish appropriate utility service for the property, including solid waste services. Failure to do so is a violation of this chapter. The city reserves the right, at the sole discretion of the director, to establish utility service for the property in either the tenant or property owner's name and to make such service effective as of date of occupancy, as determined by the director.
B. 
Failure of a tenant to establish service prior to occupancy may, at the sole discretion of the director, result in the city establishing utility service for the property in property owner's name, effective as of date of occupancy, as determined by the director.
C. 
It is the property owner and/or tenant's responsibility to keep the area surrounding the containers, bin(s), the enclosure(s) and the access path to the containers, bin(s) or enclosure(s) free of obstacles that may block or impair the ability to provide solid waste service to the property. This includes, but is not limited to, basketball hoops, overhanging branches, scattered debris, and the like. If debris is not cleaned up and it interferes with collection, the city may clean up an enclosure and bill the property owner or tenant for the full cost of the cleanup plus a 15% administration fee.
D. 
Minimum Container Service, Single-Family Residential. One container for gray container materials, one container for recyclables, and one container for organic wastes shall be the minimum solid waste service for each single-family residence, unless otherwise authorized by the director. The director may authorize or require alternative automatic lift container services to be shared by two units of a single-family residence or mobile home park.
E. 
Minimum Service—Commercial Generators. Minimum service for all commercial generators shall be determined by a waste stream assessment conducted with the customer either on site or remotely by city staff. A waste assessment will determine the volume of demand for each type of waste generated on site, and the appropriate bin size(s) and service frequency required to accommodate each of the generated waste streams in order to remove all waste generated on site in a timely manner and not allow waste to accumulate or become a nuisance.
1. 
Commercial generators that produce four or more cubic yards per week of solid waste (gray container waste, recyclables, and organic wastes combined) are required to provide containers for source separated recyclable waste (blue container) in compliance with Assembly Bill 341 of 2011, unless otherwise exempted under the provisions of this chapter.
2. 
Commercial, industrial, and multifamily dwellings that produce two or more cubic yards per week of solid waste (gray container waste, recyclables, and organic wastes combined) are required to provide containers for source separated organic waste (green container) in compliance with Senate Bill 1383 of 2016, unless otherwise exempted under the provisions of this chapter.
3. 
The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses shall adjust the service level for their collection services as prescribed by the city.
4. 
In the event a determination is made that the site does not generate enough waste to warrant bin service, or where bin service would be impractical or unfeasible, the director may grant an exception and allow residential containers to be used for the commercial service, but in no case shall minimum service be less than one residential container for each waste stream generated on site.
F. 
Waivers for Commercial Generators.
1. 
De Minimis Waivers. The city may waive some or all of organic waste requirements of this chapter applicable to commercial businesses.
a. 
Commercial generators requesting a de minimis waiver shall:
i. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
(A) 
The commercial generator's total solid waste collection service is two cubic yards or more per week, and organic waste subject to collection in a green container comprises less than 20 gallons per week of the business's total waste; or
(B) 
The commercial generator's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than 10 gallons per week of the generator's total waste.
ii. 
Notify the city if circumstances change such that commercial generator's organic waste exceeds the threshold eligible for waiver, in which case the waiver will automatically terminate.
iii. 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.
b. 
If a customer has been granted a de minimis waiver and subsequently requests or otherwise increases its service level, the de minimis waiver shall be void. Customer may submit a new request for a de minimis waiver.
2. 
Physical Space Waivers. The city may waive a commercial generator's or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the recyclable and/or organic waste collection requirements of this chapter.
a. 
A commercial generator or property owner may request a physical space waiver through the following process:
i. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
ii. 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.
iii. 
Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
3. 
Review and approval of waivers by the city shall be at the discretion of the public works director or designee.
G. 
Frequency of Collection.
1. 
Service to residential single-family residential units shall be no less than one collection per week for each container type (organics, trash, and recyclables).
2. 
Bin service to commercial businesses shall be at the rate of a minimum of one collection per week. Bin size(s) and service frequency shall be sufficient to accommodate the waste streams generated on site, unless otherwise authorized by the director.
H. 
The owners or occupants of all premises upon which solid waste is produced or accumulated shall subscribe for service as herein required and shall be given the type and frequency of service, according to the rates set forth by the city council, that will, in the opinion of the director, cause all solid waste to be removed from the premises, so there will be no accumulation, collection and keeping of the same on the premises to the detriment of public health and/or convenience.
1. 
The city reserves the right, upon notice to the primary account owner, to increase the number, bin size and/or frequency of service on an account if it is determined that the current level of service is insufficient to accommodate the waste stream(s) being generated, or if the bin or container is repeatedly overfull or overweight at current service levels.
I. 
Manner of Collection.
1. 
Containers and bins provided by the city shall not be overfilled by the user.
2. 
Overfull containers and bins may not be serviced if, in the opinion of the solid waste operator, servicing of the container or bin could likely result in solid waste material being spilled to the ground or damage caused to the waste collection equipment. If an overfilled container or bin was scheduled for collection and it is not collected due to noncompliance with the provisions of this section, the customer must remove any excess material prior to the container or bin being serviced and may call to reschedule service, if required. A fee for additional service may apply and shall be determined by the director.
3. 
Curb Service Customers. All customers whose containers or bins are required to be placed curbside for service shall, unless otherwise authorized under Section 13.12.030(E)(1)(c), place their blue, green, and grey containers at the curb between the hours of seven p.m. the day prior to collection and four thirty a.m. the day of collection, and shall remove the empty containers from the curb and store, as defined in Section 13.12.030, no later than midnight on the day of collection. Late placement of containers may result in the container(s) not being serviced or additional fees being charged if the city accommodates a request for late service.
4. 
Alley Service Customers. Customers receiving alley service shall place their solid waste containers in the alley at the property line and according to the schedule above.
5. 
Collection of Organic Waste. Organic waste shall be separated by the customer from all other solid waste and shall be placed only in the green container, which is designated for organics in accordance with this chapter and resolutions of the city council. Tree trimmings and limbs too numerous or large to be placed in the green container will be collected as a special haul at an additional fee to the customer so long as the tree trimmings and limbs are less than four inches in diameter and are tied at each end in bundles.
6. 
Collection of Mixed Recyclables. Mixed recyclables shall be separated by the customer from all other solid waste and shall be placed only in the blue container, which is designated for mixed recyclables as provided by the city for collection in accordance with this chapter and resolutions of the city council.
7. 
Bin Service—Residential Areas.
a. 
Bin service may be allowed for single-family residences if approved by the solid waste superintendent. All requirements for source separation per Section 13.12.030(C) shall remain in effect.
b. 
Bin service may be used in mobile home parks if approved by the solid waste superintendent. All requirements for source separation per Section 13.12.030(C) shall remain in effect.
c. 
Bin service is required for all multifamily dwellings and all multifamily dwelling complexes.
8. 
Bin Service—Commercial. For collection, the area surrounding the bins, the enclosure and the access path to the bins or enclosures must be cleared of obstacles that may block or impair the ability to service the bins. Bins must not be overfull or overweight. In addition, any access gates that would prevent servicing the bin must be opened or codes provided to the city. If locks are used, they shall be supplied by the city, along with one key, at cost. The bin shall be placed such that a minimum of two feet of space is available on all sides.
a. 
If a bin cannot be collected due to noncompliance with the provisions of this section, it shall be the customer's responsibility to contact the city to reschedule service, if desired. Customer shall pay a reschedule fee, which shall be set by the council.
b. 
All bins, when not placed out for collection, must be kept on the property in appropriate enclosures meeting design specifications issued by the director, or in locations approved by the director.
i. 
Existing sites with insufficient enclosure space for multiple waste stream containers shall not be required to construct additional enclosures unless required as a condition of remodeling/expanding of an existing building. Containers not placed in enclosures must be located such that they are screened and not easily visible from the public right-of-way. Any exceptions to the above requirements must be authorized in writing by the public works director or designee
(Ord. 22-06 § 1, 2022)
A. 
Notwithstanding any other provisions of this chapter or any other provisions of the city code to the contrary, an exemption from placing a container at the curb as described in Section 13.12.040 may be made, upon approval of an application to the director, to certain service users. If approved, walk-in service will be provided free of charge, where the operator will roll the containers out from the house, service them and roll them back (containers cannot be in garages or behind fences).
B. 
The requester must attest and provide verifiable evidence that:
1. 
They are physically unable to place a full waste container at the curb (may be required to provide a doctor's note confirming physical disability), and
2. 
There is no able bodied person living or staying more than two hours a day during the week at the address or is otherwise available to place a full waste container curbside.
C. 
The director is authorized to set standards, terms and conditions for said exemptions. The exemption provided for in this section shall be by written request by customer to the public works director.
D. 
Walk-in service fees shall be established by resolution of the city council.
E. 
A customer will be exempt from walk-in service fees if they can demonstrate financial inability to subscribe or pay for such service, as determined by the current standards for household low income thresholds by the California Alternative Rates for Energy program (CARE). This can be done by providing a copy of the most current year signed IRS tax return, copies of the last three employers pay stubs, or through other documents demonstrating financial hardship.
(Ord. 22-06 § 1, 2022)
The city may provide temporary bin service for residential accounts or areas upon application for such service, and upon a finding by the director that regular service would not be appropriate. Temporary service may be authorized for short-term, intermittent solid waste collection needs. Temporary service shall not be authorized to replace regular, minimum service.
A. 
Priority. Temporary service requests are accepted on a first-call, first-service basis.
B. 
Payment of Fee. Payment of the fee for temporary bin service is due prior to delivery of the bin. Temporary bin service may be denied if there is a past-due balance on the customer's existing city utility account.
C. 
Location. Bins provided by the city for temporary service shall be stored on the property and not on the street, sidewalk, or gutter, and must be placed for curbside collection no later than four a.m. on the morning of scheduled collection. The bin shall be placed such that a minimum of four feet of space is available on both sides of the bin so the bin may be serviced. The bin shall not be overfull or overweight. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee shall be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service. The fees for rescheduled service shall be determined by resolution of the city council.
D. 
Responsibility. It will be the responsibility of the person renting the temporary bin to ensure that the bin:
1. 
Does not pose a risk to public health or safety. The city may remove a temporary bin if the city confirms that the bin creates a risk to public health or safety.
2. 
Does not become over full or have solid waste or other discarded material placed, dropped or scattered around the container. The area around the container shall be kept clean and free of debris at all times.
3. 
Is not subject to or available for illegal dumping or scavenging. It will be the responsibility of the person renting the temporary bin to properly collect and dispose of any materials illegally dumped, scavenged or scattered in or around the bin.
(Ord. 22-06 § 1, 2022)
A. 
Wastes that will not be collected by the city, except as provided in subsection C below, include, but are not limited, to the following:
1. 
Ammunition and other explosive and highly combustible materials;
2. 
Dead animals;
3. 
Hazardous waste;
4. 
Hot ashes;
5. 
Infectious waste;
6. 
Medical Waste;
7. 
Oils;
8. 
Axles;
9. 
Rubble (including bricks, building blocks, concrete, rocks, soil, dirt, and sod);
10. 
Heavy machinery parts;
11. 
Large appliances; and
12. 
Other material deemed by the public works director to be dangerous or which may exceed the capabilities of the city's refuse collection or disposal capabilities.
B. 
The city shall not collect hazardous wastes or infectious wastes, either alone or mixed with other matter which would normally be collected, unless the city establishes specific collection services for such wastes that meets all applicable state and federal rules and regulations.
C. 
Certain waste listed under subsection A of this section may be collected as part of special collection services as established by the city from time to time.
D. 
For wastes not collected by the city, each generator shall arrange for the timely disposal of such waste in accordance with applicable local, state, and federal laws, ordinances and regulations and in a manner that ensures the waste does not threaten public health or safety and does not accumulate to the point that it is offensive to the public's senses.
(Ord. 22-06 § 1, 2022)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require such parties to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. 
Contract with or enter into a written agreement with food recovery organizations or food recovery services for the collection of edible food for food recovery; or acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self-hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
5. 
Allow the city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
6. 
No later than March 1 of each year commencing no later than March 1, 2023 for tier one commercial edible food generators and March 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information: pounds of recovered food collected, agency receiving the recovered food, and a copy of any contract or agreement between the edible food generator and the receiving agency.
7. 
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 22-06 § 1, 2022)
A. 
Food recovery organizations and services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a):
1. 
The name, address, and contact information for each commercial edible food generator from which the service or organization collects or receives edible food.
2. 
The quantity in pounds of edible food collected or received from each commercial edible food generator per month.
3. 
The quantity in pounds of edible food transported to each food recovery organization per month.
4. 
The name, address, and contact information for each food recovery organization that a food recovery service transports edible food to for food recovery.
5. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
B. 
Food recovery organizations and food recovery services that contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3 no later than March 1 of each year.
C. 
Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, or other designated entity, all food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days.
(Ord. 22-06 § 1, 2022)
A. 
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.
B. 
Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.
(Ord. 22-06 § 1, 2022)
A. 
Permit Required. Persons seeking to engage in the collection, transport, or disposal of solid waste material generated in or located within the Hanford city limits shall obtain a hauler permit from the city prior to commencing such activities. This includes, but is not limited to, persons providing roll off services, landscapers and/or arborists that remove lawn trimmings and waste from customer's premises, commercial compactor haulers, and the like. Persons solely providing solid waste bin service to construction sites need not obtain a separate hauler permit, though compliance with the requirements of this chapter and the city's C&D rules shall be required as a condition of the issuance of a building permit.
1. 
Haulers operating within the city of Hanford prior to the adoption of this chapter shall be allowed to continue operations but must obtain a hauler permit within three months of adoption of this chapter.
B. 
Permitted haulers providing residential, commercial, or industrial waste collection services to generators within the city boundaries shall meet the following requirements and standards as a condition of permit approval.
1. 
All solid waste generated or located within the city limits, including, but not limited to, source separated recyclable materials, source separated green container organic waste, and grey container waste, shall be transported to KWRA's facility.
2. 
Through written notice to the city provided on or before the first day of February, May, August, and November of each year, permitted haulers shall provide the following information to the city:
a. 
The name, address and telephone number of the person, firm or corporation conducting the solid waste collection and/or processing;
b. 
City permit number;
c. 
The type of solid waste collected and/or processed;
d. 
Total tonnage of solid waste collected or received for processing during that respective quarter;
e. 
Type of and tonnage of recyclables collected, received and processed;
f. 
Tonnage of organic waste collected, received and processed; and
g. 
Destination for disposal of all solid waste streams.
(Ord. 22-06 § 1, 2022)
A. 
Any hauler permit issued pursuant to this chapter shall be valid for a period not to exceed two years.
B. 
The solid waste superintendent may terminate any permit issued pursuant to this chapter on 15 days' written notice to the permittee when:
1. 
In the judgment of the solid waste superintendent, such services can be performed with the city's regular equipment;
2. 
In the judgment of the solid waste superintendent, the disposal of such accumulations is interfering with the city's disposal of solid waste in accordance with the provisions of this chapter;
3. 
The permittee fails to submit the quarterly report of solid waste processed as provided in Section 13.12.110(B)(2);
4. 
The permittee fails to comply with the requirement to transport solid waste material located or generated within the Hanford city limits to KWRA;
5. 
The permittee fails to comply with KWRA disposal requirements; or
6. 
The permittee violates any laws, ordinances, or regulations governing the disposal of waste.
C. 
The solid waste superintendent may terminate any permit issued pursuant to this chapter on 90 days' written notice to the permittee. The permit shall terminate on the ninetieth (90th) day from the date of the notice. Such notice may be given in writing by ordinary mail, postage prepaid, and addressed to the permittee at its last address as shown by the city's records.
D. 
Any permittee who has received a notice of termination may appeal the termination in accordance with Section 13.12.210.
(Ord. 22-06 § 1, 2022)
Any permit issued pursuant to Section 13.12.110 shall be personal to the permittee and shall not be assignable. Any attempted assignment of such permit shall result in immediate termination of such permit.
(Ord. 22-06 § 1, 2022)
The holder of a permit issued pursuant to Sections 13.12.110, if it does not already hold a business license from the city, is required to apply for and hold a business license from the city pursuant to Chapters 5.04 and 5.08 of the Hanford Municipal Code during all times in which such permit is in effect.
(Ord. 22-06 § 1, 2022)
A. 
Solid waste charges and other fees, fines, and other amounts identified in this chapter shall be collected by the director of finance.
B. 
Solid waste charges shall be billed monthly with other city utilities. If midmonth connection or disconnection occurs, all solid waste charges shall be prorated accordingly and refunds issued, if required.
C. 
Fees and charges not requiring prepayment or payment at the time of issuance shall be included on the next monthly city utility bill to the customer.
D. 
Delinquencies.
1. 
Late Fees and Interest. In the event any customer fails to pay the solid waste service fees, or any other required charges and fees identified in this chapter within 15 calendar days after the date of the applicable city utility bill, the unpaid amount shall be deemed delinquent, and the city shall, except as otherwise provided herein: (a) assess a fee for late payment in the amount of 10% of the delinquent solid waste collection charges and fees plus other fees established by the city council, which amounts shall be added to the delinquent charges and fees, and the director of finance shall collect the late fee along with the delinquent charges and fees; and (b) assess interest at the rate established by the city council by resolution.
2. 
Discontinuance of Service. In the event any customer fails to pay any charges or fees described in this chapter, including any late fee or interest, by five p.m. on the due date shown on the delinquent notice issued by the city, the city, in addition to all other remedies it may have, may discontinue furnishing solid waste collection service and all other services identified on the applicable city utility bill and shall not resume the same until all outstanding charges and fees, together with any interest, service charges and/or reestablishment fees necessitated by the resumption of service, have been paid in full. Prior to discontinuing all services identified on the applicable city utility bill, the city shall send a written delinquent notice to the customer advising the customer that all utilities identified in the applicable city utility bill will be discontinued if payment of the total amount identified in said written notice is not paid to the city within 10 calendar days after the date of said written notice. Any check not honored by a financial institution that is used to make payment on a customer's utility account will result in additional fees established by separate resolution and will be a basis for the discontinuance of service.
3. 
Court Action. In addition to the discontinuing of all utilities identified on the applicable city utility bill, the city may file a civil action against the customer for the collection of any amount due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter or by law.
4. 
Notice of Liens. In the event a customer fails to pay in full all charges, fees, or penalties identified in this chapter within 90 days of the date of any city utility bill, the city shall notify the owner of the real property receiving the solid waste service, in writing, of such delinquency and that the delinquency shall be collected pursuant to the provisions of subsection (D)(5) of this section.
5. 
Collection through Tax Roll. In the alternative to filing a civil action against the customer, the city council, pursuant to the applicable provisions of the California Health and Safety Code, may elect to have all delinquent charges, fees and penalties collected on the tax roll in the same manner, at the same time and by the same persons together with and not separately from general taxes. Such delinquent charges, fees and penalties shall thereafter constitute a lien against the lot or parcel of land against which the charges have been imposed.
6. 
Recording of Lien. In addition to or in lieu of collecting delinquent fees through the tax roll, the city may, in accordance with California Health and Safety Code Section 5473.11, as may be amended, record a lien against real property for which fees are delinquent
7. 
Restoration of Service. The utilities identified on the city utility bill shall not be restored until all charges, fees and penalties, including, without limitation, all expenses of removal, discontinuance, disconnection, restoration and reconnection have been paid or a payment plan is agreed to by the account holder.
8. 
Additional provisions regarding the collection process can be found in Section 13.04.050 of the Hanford Municipal Code and shall apply to this chapter to extent the provisions of Section 13.04.050 do not conflict with the provisions of this chapter.
(Ord. 22-06 § 1, 2022)
A. 
It is a violation for any person to bury solid waste at any place within the city, or to keep, place or deposit solid waste on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted. Such violations shall be treated as a misdemeanor if the city pursues criminal remedies.
B. 
It is a violation to create, cause or add to any solid waste accumulation not placed for regular or special collection, or to cause the attraction or collection of insects or rodents. Such violations shall be treated as an infraction if the city pursues criminal remedies.
C. 
It is violation for any person to burn solid waste at any time within the city. Such violations shall be treated as an infraction if the city pursues criminal remedies.
D. 
It is a violation to deposit solid waste into containers which are not assigned to the property at which the solid waste is generated. Such violations shall be treated as a misdemeanor if the city pursues criminal remedies.
E. 
It is a violation to deposit or use solid waste for lot filling or leveling purposes. Such violations shall be treated as a misdemeanor if the city pursues criminal remedies.
F. 
It is a violation for any person to permit any manure to accumulate on premises under his, her, or its control in such manner or such extent as to give rise to fly breeding conditions or objectionable odors upon any public highway, street or alley or upon any premises within the city. Such violations shall be treated as an infraction if the city pursues criminal remedies.
G. 
It is a violation for any person or any agent or employee thereof, to hinder, threaten, impede or obstruct any city solid waste collector in the performance of their duty as defined in this chapter. Such violations shall be treated as an infraction if the city pursues criminal remedies.
H. 
It is a violation for any persons, other than the city or the city's designee, to collect or remove recyclable or salvageable materials placed by any person in a bag or container labeled for use in connection with a recycling program sponsored by the city. Such violations shall be treated as an infraction if the city pursues criminal remedies.
I. 
It is a violation to place anything other than the specific recyclable material types, as defined by the director, into source separating recycling collection containers or bins, including organic collection containers. Such violations shall be treated as an infraction if the city pursues criminal remedies.
J. 
It is a violation to dispose of any waste prohibited in Section 13.12.070 into city collection containers or bins. It is the responsibility of each customer to dispose of such waste properly. Such violations shall be treated as a misdemeanor if the city pursues criminal remedies. If prohibited waste is included in any city authorized automatic lift container or bin, it shall be deemed contaminated and shall not be collected. It shall be the responsibility of the customer to properly dispose of the waste in containers or bins deemed contaminated. If an authorized container that contains prohibited wastes is inadvertently collected by the city, at the time the city identifies the prohibited wastes, the city shall identify where the prohibited waste originated and shall notify the offending generator in writing. The entire truck load shall be considered contaminated. It shall be the responsibility of the generator who disposed of the prohibited waste to properly dispose of the entire contaminated load of solid waste and to cover any related costs, including, but not limited to, ensuring that equipment that was in contact with the prohibited waste is safe and decontaminated. In the event that an offending generator is a tenant and the city intends to lien the premises at which the violation occurred or add fees, charges, and other amounts associated with the violation to the tax roll for the premises, the city will, at the time the notice is sent to the offending generator, provide to the owner of the premises a copy of the notice. The landowner may, at its option, pay all fees, charges, and other amounts associated with the violation if the landowner desires to avoid the recording of a lien against the premises or addition of the fees, charges, and other amounts to the tax roll for the premises.
K. 
It shall be a violation to mix solid waste of one type in a collection container designated for another type, except as otherwise provided in this chapter. Such violations shall be treated as an infraction if the city pursues criminal remedies.
L. 
Any other violation of this chapter shall be an infraction, and, in the alternative, may be enforced as a violation subject to administrative or civil remedies.
(Ord. 22-06 § 1, 2022)
A. 
City representatives and/or its designees are authorized to conduct inspections and investigations, random or otherwise, of any collection container, collection vehicle loads, transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses, property owners, commercial edible food generators, haulers, food recovery services, food recovery organizations, and other parties that are subject to this chapter, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.
B. 
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity's premises or records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. 
Any records obtained by a city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250, et seq.
D. 
City representatives or their designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. 
The city shall receive and investigate written complaints from persons regarding an entity that may be potentially in violation of the provisions of this chapter, including receipt of anonymous complaints.
(Ord. 22-06 § 1, 2022)
A. 
Process for Enforcement.
1. 
The public works director or designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program, and may issue notification to a regulated entity of its obligations under this chapter.
2. 
Beginning January 1, 2024, if the public works director or designee determines that a solid waste generator, permitted hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity subject to this chapter is not in compliance, he or she shall document the noncompliance or violation and may issue a notice of violation.
3. 
For incidences of prohibited container contaminants found in containers, the public works director or designee may issue a notice of violation to the generator. Such notice will be provided via a container or bin tag or other communication within 15 days after determining that a violation has occurred. Subsequent violations during a 12 month period may result in the issuance of administrative citations. If the city observes prohibited container contaminants in a generator's containers on more than three occasions in a 12 month period, the city may assess contamination processing fees.
For violations not involving prohibited container contaminants, the city may issue a notice of violation that identifies a deadline for compliance.
4. 
Absent compliance by the violating party within the deadline set forth in the notice of violation, the city may pursue other remedies available hereunder.
5. 
Notices shall be sent by United States Mail, certified mail with return receipt requested, to the offending party at the address reflected on the party's utility account with the city, and, if the party does not own the premises at which the violation occur, notice will also be provided to the record owner of the property at the address of the owner maintained by the county tax collector.
B. 
Compliance Deadline Extension Considerations.
The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
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. 22-06 § 1, 2022)
A. 
Issuance of Citation.
1. 
Whenever the public works director or designee determines that a violation of a provision of this chapter has occurred, such director or designee shall have the authority to issue an administrative citation to any person or entity responsible for the violation, with the exception of violations pertaining to the payment of utility charges.
2. 
Each administrative citation shall contain the following information:
a. 
The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
b. 
The address or a description of the location where the violation occurred;
c. 
The section of this code violated and a description of the violation;
d. 
The amount of the fine for the violation;
e. 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
f. 
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
g. 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
h. 
The name and signature of the individual issuing the citation.
B. 
Amount of Fines.
1. 
The amounts of the fines for code violations imposed pursuant to this section shall be set forth in a schedule of fines established by resolution of the city council.
2. 
The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.
C. 
Payment of Fines.
1. 
Fines shall be paid to the city within 30 days from the date of the administrative citation.
2. 
Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.
3. 
Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
D. 
Hearing Request.
1. 
Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to the city clerk within 30 days from the date of the administrative citation, together with an advance deposit of the fine.
2. 
A request for hearing shall be submitted in writing to the city clerk.
3. 
The person or entity requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
4. 
If the city department that issued the citation submits an additional written report concerning the administrative citation to the hearing officer, then a copy of such report shall be served on the person requesting the hearing at least five calendar days prior to the date of the hearing.
E. 
Hearing Officer. A hearing officer designated by the city manager shall serve as the hearing body for appeals regarding administrative citations issued under this chapter.
F. 
Hearing Procedure.
1. 
No hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance; provided however, the deposit requirement shall be waived if the director of the city department issuing the citation determines that the appealing party is financially unable to deposit the amount of the fine. The process to waive the deposit and fee requirements set forth in Section 13.04.110 of this code shall apply with respect to the waiver of the deposit of fine amounts.
2. 
A hearing shall be set for a date that is not less than 15 calendar days and not more than 60 calendar days from the date that the request for hearing is filed in accordance with the provisions of this section.
3. 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
4. 
The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
5. 
The administrative citation and any additional report submitted by the department issuing the citation shall constitute prima facie evidence of the respective facts contained in those documents.
6. 
The hearing officer may continue the hearing and request additional information from the city department issuing the citation or from the recipient of the administrative citation prior to issuing a written decision.
G. 
Hearing Officer's Decision.
1. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the administrative citation and shall list in the decision the reasons for the decision. The decision of the hearing officer shall be final.
2. 
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
3. 
If the hearing officer determines that the administration citation should be canceled, then the city shall promptly refund the amount of the deposited fine.
4. 
If the hearing officer determines that the fine levied under the administration citation should be adjusted, then the city will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing officer or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing officer if the officer finds that the fine assessed under the administrative citation to be insufficient.
5. 
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.
H. 
Late Payment Charges. Any person or entity who fails to pay to the city any fine imposed pursuant to the provisions of this section on or before the date that the fine is due shall also be liable for an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate established by the city council by resolution; provided however, the additional penalty and/or interest shall not apply if collection of the same by the city would violate state law.
I. 
Recovery of Administrative Citation Fines and Costs. The city may collect any past due administrative citation fine or late payment charge by use of all available legal means, including the tax roll and lien remedies described in this chapter. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation. Any partial payment of an obligation, when a partial payment is permitted, will be applied first to the principal amount of the underlying obligation, then to any penalties, and then to interest.
J. 
Right to Judicial Review. Any person or entity aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the decision by filing a petition for review with the Superior Court for Kings County, California in accordance with the timelines and provisions set forth in California Government Code Section 53069.4, as may be amended.
K. 
Notices. The administrative citation and all notices required to be given by this section shall be served on the responsible party by personal delivery thereof to the person or entity to be notified or by deposit in the United States Mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail. If the user who is responsible for the violation does not own the real property at which the violation occurred, the city will also provide a copy of the citation and associated notices to the owner when the citation and notices are served upon the user.
(Ord. 22-06 § 1, 2022)
A. 
A party who willfully or negligently violates any provision of this chapter, with the exception of provisions pertaining to the timely payment of utility charges, shall, except as otherwise provided herein, be guilty of a crime punishable pursuant to Section 19 of the California Penal Code, as may be amended.
B. 
A party who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained pursuant to this chapter, shall, upon conviction, be punished by a fine and/or imprisonment as allowed under state law.
(Ord. 22-06 § 1, 2022)
A. 
When the public works director or designee finds that a party has violated or continues to violate, any provision of this chapter, with the exception of provisions pertaining to the timely payment of utility charges, such director may petition the Superior Court of Kings County, California, through the city's attorney, for the issuance of a temporary restraining order, temporary injunction, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.
B. 
Nothing contained in this code shall preclude or limit the city from pursuing a civil action for damages against a person that causes the city to incur injury, loss, costs, or expenses as a result of the person's or entity's violation of this chapter.
C. 
In addition to all other remedies, as part of any civil action brought by the city, a court may assess a civil penalty in an amount not to exceed the maximum allowed by state law per day for each violation with respect to any person or entity that violates this chapter, which penalty shall be payable to the city.
(Ord. 22-06 § 1, 2022)
A. 
This section shall only apply to matters in which no appeal process is otherwise specified in this chapter.
B. 
Any person affected by any decision, action or determination by any city department in interpreting or implementing the provisions of this chapter may file with the city clerk, within 10 calendar days of the date of service of such decision, action or determination, a notice of appeal to the city clerk appealing such decision, action or determination. Except as otherwise provided, the appealing party shall, at the time of submitting the notice of appeal, pay the applicable appeal fee, which shall be established by the city council, as a condition of the city processing the appeal. The notice of appeal shall set forth in detail all facts supporting the user's appeal. The filing of the notice of appeal shall not limit the authority of the city to take such action as the city deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened harm to the health or safety of the public.
C. 
Notwithstanding subsection B above, a user who is financially unable pay the appeal fee may file with the city clerk a request for a waiver of all or a portion of the required deposit and appeal fee. The waiver provisions set forth in Section 13.04.110 of this code shall, to the extent feasible, apply to appeal fees charged pursuant to this section; provided however, the city clerk shall possess decision-making authority over the waiver or partial waiver of appeal fees occurring under this section.
D. 
Upon receipt of a notice appeal and appeal fee, the city clerk shall set the matter for hearing before an appeal officer designated by the city manager, and after said hearing, the appeal officer may affirm, overrule or modify the decision, action or determination of a city department that is the subject of the appeal. To the extent feasible, the hearing provisions contained in Section 13.12.210 above shall apply to appeals occurring under this section.
E. 
Following the appeal hearing, an aggrieved user may seek judicial review of an appeal officer's decision by filing a complaint with the Superior Court of Kings County, California during the period identified by California Code of Civil Procedure Section 1094.6, as may be amended.
(Ord. 22-06 § 1, 2022)
The city may, at its option, elect to petition the Superior Court of Kings County, California to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 through 1297.6, inclusive, of the California Code of Civil Procedure.
(Ord. 22-06 § 1, 2022)
In addition to any other remedy provided by law or in equity, violation of any provisions of this chapter, excluding provisions relating to the timely payment of services charges, is hereby determined and declared to be a public nuisance and may be abated and/or enjoined pursuant to state law. The city may cause proceedings to be brought for abatement and may recover reasonable attorney's fees, court costs and other costs and expenses associated with such abatement efforts.
(Ord. 22-06 § 1, 2022)
The city shall have the right to recover reasonable attorney's fees, court costs and other expenses associated with any and all of the enforcement activities identified in this chapter, in addition to the amount assessed as damages to the city.
(Ord. 22-06 § 1, 2022)
The enforcement procedures, penalties, and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this chapter or by any Federal, State or local law, regulation, or rule. In addition, the city may pursue any, all, or any combination of these enforcement procedures, penalties and remedies against any person that violates any provision of this chapter.
(Ord. 22-06 § 1, 2022)