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.
F. Nothing
in this section prohibits a responsible party or waste generator from
preventing or reducing discarded materials generation, managing organic
waste on site, and/or using a community composting site pursuant to
14
CCR.
(Ord. 840-97 § 1; Ord. 1048-10 § 1; Ord. 1183-21 § 2)
A. All
school districts and all local, regional, state or federal governmental
agencies are not required by this chapter to make arrangements with
the city's franchisee for the collection, removal and/or disposal
of discarded materials.
B. The
following are not required to be collected by the city's franchisee:
1. All
recyclable materials source separated from solid waste by the owner
and/or operator of the premises from which the solid waste was generated,
whereby the waste generator of the waste sells or is otherwise compensated
by a collector of the recyclable materials in a manner resulting in
a net payment to the owner and/or operator;
2. Recyclable
materials and organic materials source separated at the premises by
the owner and/or operator of the premises and donated to a youth,
civic or charitable organization;
3. Containers
delivered for recycling under the California Beverage Container Recycling
Litter Reduction Act, Sections 14500 et seq., of the California Public
Resources Code;
4. Yard
waste removed from the premises by a gardener, landscaper or a tree
trimming company, or similar business or occupation, as an incidental
part of a total service offered by such person;
5. Construction
and demolition debris;
6. The
collection, removal and disposal or diversion of discarded materials
by the city through city officers, agents or employees, or any other
person designated by the city.
C. Commercial businesses and multifamily premises may be exempted by the city from some of the requirements to make arrangements with the city's franchisee for the collection of discarded materials, by meeting the self-hauler requirements in Section
8.28.162 of this chapter.
(Ord. 840-97 § 1; Ord. 1048-10 § 1; Ord. 1183-21 § 2)
A. No person
shall transport discarded materials over any public street, alley,
highway, right-of-way, or other public place, except in watertight
vessels or tanks or in vehicles or boxes constructed of steel, galvanized
iron, or some other metallic substance. Each such vessel, receptacle,
tank, vehicle, or box shall, while the same contains discarded materials,
be securely and tightly covered and closed in such a manner so as
to prevent the contents thereof from escaping, and so as to prevent
the escape of odors therefrom. Every vehicle containing any such vessel,
tank, receptacle, or box shall be so loaded and driven so as to prevent
the contents contained therein from falling from such vehicle or escaping
therefrom.
B. Every
vessel, receptacle, tank, or box shall be thoroughly cleaned and disinfected
at least once each week or more frequently as necessary to avoid the
creation of a nuisance.
C. Collection
vehicles shall display the name of the permittee in large enough letters
that the vehicle may be easily identified as belonging to a permittee.
If permittee uses a vehicle displaying the name of an affiliated company,
the affiliated company's name must be indicated on the permit application.
Improperly identified vehicles may be treated as belonging to non-permitted
collectors.
(Ord. 840-97 § 1; Ord. 921-02 § 7; Ord. 1183-21 § 2)
Until discarded materials are picked up by the solid waste collector,
the owner, occupant, or other person in charge of the day-to-day operation
of each premises in the city, shall be responsible for the immediate
cleanup of any discarded materials that are spilled, leaked, emptied,
discarded or disposed of into the environment or which has otherwise
come to be located outside of the container. This cleanup responsibility
includes:
A. Occupants.
The owner, operator, occupant, or other person in charge of the day-to-day
operation of each premises, shall immediately undertake cleanup at
the point in time when a spill or release has occurred on the premises.
B. Transporters.
Any person removing, collecting or transporting discarded materials,
shall undertake immediate cleanup at the point in time when a spill
or release has occurred due to the removal and/or transportation of
any discarded materials.
C. City
Cleanup Expenses. Any and all costs and expenses incurred by the city
or on the city's behalf in investigating and cleaning a spill or a
release of discarded materials not properly or timely cleaned under
this section by the owner, occupant or transporter or other responsible
party, may be assessed against such responsible persons, including
all administrative expenses and legal fees and costs incurred by the
city in investigating and cleaning the spill or release.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)
A. Location.
To protect the public health, safety, and well-being, and to minimize
interference with public rights-of-way, containers for residential
collection shall be placed in a location acceptable to the solid waste
collector, which, where appropriate, is accessible for mechanized
pick-up.
B. Placement
Time. To minimize interference with public rights-of-way, residential
containers placed for collection adjacent to streets or public rights-of-way
shall not be placed before three p.m. on the day preceding the regularly
scheduled collection. Discarded materials collection may take place
between the hours of six-thirty a.m. and six p.m. on the day of collection
as designated by the solid waste collector.
C. Removal Time and Location. To minimize interference with public rights-of-way, residential containers placed for collection adjacent to streets or public rights-of-way shall be removed before nine a.m. on the day following the regularly scheduled collection. Containers shall be removed after collection to a location that is screened from public view and not in conflict with Section
8.24.040 of this code.
D. Bin
Use Requirements. All permanent one-, two-or three-cubic-yard bins
or other large collection containers shall be housed within trash
container enclosures approved by the city. However, all commercial
recycling bins provided to commercial or multifamily residential properties
may be located outside the enclosures provided they do not obstruct
drive aisles or any required parking spaces. Trash container enclosures
shall be accessible to collection vehicles. No person shall place
a one-, two-or three-cubic-yard bin or other commercial roll-off container
in a public right-of-way for collection without first obtaining written
approval from the city.
(Ord. 840-97 § 1; Ord. 853-98 §§ 1–4; Ord. 855-98 § 2; Ord. 969-06 § 9; Ord. 1021-09 § 1; Ord.
1049-10 §§ 4, 5; Ord. 1183-21 § 2)
Containers provided by the franchisee for services rendered under the franchise agreement shall conform to requirements in the franchise agreement. For example, all solid waste, recyclable materials or organic materials collection containers (other than containers for construction and demolition debris) placed within the city must be labeled with the owner's name and phone number, at a minimum, and all unmarked containers shall be confiscated by the city at the owner's expense. Any containers not issued by the franchisee or a construction and demolition debris hauler shall be confiscated by the city at the owner's expense. Confiscation shall be in accordance with Section
8.28.071.
(Ord. 921-02 § 8; Ord. 1049-10 § 6; Ord. 1183-21 § 2)
In order to protect public health, safety and well-being and
to prevent the spread of vectors, the owner, occupant, or other person
in charge of the day-to-day operation of each premises within the
city, shall use or cause to be used, on each premises a discarded
materials storage bin or container (bin/container), in accordance
with the following requirements:
A. Accumulation.
All discarded materials produced, generated, or accumulated on each
premises shall be placed in a bin or container for regular collection.
B. Overflow.
A bin or container shall not be filled to a point where it is overflowing
with discarded materials.
C. Cleanliness.
A bin or container shall be maintained in a safe and clean condition.
D. Taking.
A bin or container that is the property of the city or a solid waste
collector shall not be permanently removed from the premises where
they have been placed by the city or a solid waste collector, without
the prior approval of the city or the solid waste collector.
E. Hazardous
Waste. Hazardous waste shall not be placed in any container to be
used for discarded materials collection.
F. Organic
Materials and Recyclable Materials. Organic materials and recyclable
materials to be collected by a solid waste collector shall be placed
in the container designated for such materials by the solid waste
collector.
G. Other
Requirements. Containers shall be used in accordance with the noticed
requirements of the solid waste collector.
H. Graffiti. Container owners shall remove graffiti from containers within twenty-four hours of notice by city or customer, or city may, at the owner's expense, either remove the graffiti itself, or confiscate containers in accordance with Section
8.28.071.
I. Recyclable
Materials and Organic Materials Container Stickers. In addition to
any and all other identification requirements, recyclable materials
and organic materials containers placed within the city shall carry
a sticker indicating which materials are and are not permitted to
be placed within these containers. The franchisee shall design and
place these stickers on each such contain prior to distribution, and
shall replace them when materials accepted change or stickers become
worn. Stickers shall be written in both English and Spanish.
(Ord. 921-02 § 8; Ord. 1049-10 § 6; Ord. 1183-21 § 2)
The city may confiscate containers placed in violation of this code, including Sections
8.28.060 and
8.28.070 or other applicable laws. Container owners may contact the city's public works department to recover confiscated containers. The container owner shall be responsible for all costs of confiscation and storage of the container and must reimburse the city such costs in full prior to return of the container. Container storage costs are fifty dollars per day. City shall store confiscated containers up to thirty days from the date of confiscation, after which the city may sell the same as unclaimed property, with proceeds being used to cover storage and confiscation costs. Notwithstanding the city's right to dispose of confiscated containers, the container owner shall remain liable for any and all disposal costs. The container owner shall also be liable for uncovered storage and confiscation costs or for storage and disposal costs, whether or not owner recovers containers. City shall not be liable to the violating container owner for the value of lost containers.
(Ord. 921-02 § 10; Ord. 1183-21 § 2)
Once discarded materials are placed in the proper containers
and properly placed at the designated collection location, the ownership
and the right to possession of such discarded materials, including
recyclable materials and organic materials, shall transfer directly
from the owner, occupant and/or operator of the premises, whichever
is appropriate, to the solid waste collector, except only such materials
which are not waste, and which were mistakenly discarded in the container
and subsequently retrieved by the owner, occupant or operator of the
premises prior to collection.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)