A.
To protect public health, safety and well-being and to prevent the spread of vectors, excepting only those persons and circumstances described in Section 8.28.030, all responsible parties, whether at a residential or commercial location or otherwise, shall make arrangements with the city's franchised three-container collection service for regular collection services of recyclable materials, organic materials, and solid waste and comply with the requirements of those services as described below. It is unlawful for any such person to fail, refuse or neglect to do so. An occupant of any real property within the city shall be deemed to have complied with this subsection if the owner of the premises occupied has caused to be made such appropriate arrangements for collection of discarded materials upon all portions of the premises occupied by the occupant. An owner shall be deemed to have complied with this subsection if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all discarded materials upon all portions of the premises. City shall have the right to review the number and size of a waste generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible parties shall adjust their service level for their collection services as requested by the city.
The minimum collection schedule for discarded materials generated on the premises shall be no less than once a week with the exception of construction and demolition debris. Upon notice from the city that additional collection is necessary for the premises, the owner, occupant, or other person in charge of the day-to-day operation of the premises shall make arrangements with the appropriate solid waste collector for collection more frequently than once a week.
B.
It is unlawful and a public nuisance for any person to occupy, inhabit or conduct business on any property within the city for which appropriate arrangements have not been made and kept in full force and effect, including payment therefor, for regular discarded materials collection services, in compliance with subsection A of this section.
C.
Every person having a duty, pursuant to subsection A of this section, to make or cause to be made arrangements for regular discarded materials collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, whether such person has or has not made the appropriate arrangements for collection services in compliance with subsection A of this section. Whenever the fees or charges for such services have not been paid when due, owners and occupants of the property shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person made the arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or building shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for waste produced or to be produced or accumulated by that occupant.
D.
Owners of premises which have been unoccupied of human habitation and upon which no waste has been produced or accumulated (other than yard waste such as clippings, branches, leaves and the like, which has been promptly removed by personnel doing gardening work on the premises), for six consecutive months or more may be exempted for a period of no more that twelve months or until the property becomes occupied or produces or accumulates waste. Should the property remain vacant upon the expiration of the exemption period, the property owner may apply to the city for an additional exemption.
To request city authorization for this exception, a property owner must submit a declaration signed under penalty of perjury affirming that he or she owns the property, and that the property has been unoccupied for a minimum of six consecutive months and will remain vacant for the foreseeable future to the city's public works director. Unless the director has reason to believe that the request is untruthful, the director shall advise the property owner and the solid waste collector in writing of the exemption and its approved duration. Any property owner who has received an exemption pursuant to this subsection shall immediately notify the director in writing should the property become occupied during the exemption period. Upon expiration of the exemption or should the property become occupied, the exception shall cease to apply and the property owner shall make arrangements with the city's franchised discarded materials collection service for regular collection services.
E.
All responsible parties, whether at a residential or commercial location or otherwise, excepting only those persons and circumstances described in Section 8.28.030, shall participate in the city's three-container collection service(s) in the manner described below:
1.
Place and/or direct its waste generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
2.
Not place and/or direct its waste generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
(Ord. 840-97 § 1; Ord. 1048-10 § 1; Ord. 1183-21 § 2)