For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“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 or source separated blue container organic waste.
“Brown container”
has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used for the purpose of storage and collection of source separated food scraps.
“CalRecycle”
means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on cities (and others).
“California Code of Regulations” or “CCR”
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City”
means the City of Desert Hot Springs.
“Commercial business” or “commercial”
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
“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 Sections 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).
“Community composting” or “community compost facility”
means any activity permitted by City that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost”
has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
“Compostable plastics” or “compostable plastic”
means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Container”
means a cart, can, commercial bin, debris box, or stationary compactor intended for the purpose of depositing waste for disposal, except construction and demolition debris and bulky items, or recyclable materials for diversion. Containers may be provided by the City or its authorized agent, or for manual collection as may be required to be provided by the property owner or occupant generating solid waste, organic waste or non-organic recyclables.
“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).
“C&D”
means construction and demolition debris.
“Designated source separated organic waste facility,”
as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
1. 
The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.
a. 
If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph 1 of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.”
2. 
The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
a. 
If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a “designated source separated organic waste facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
“Designee”
means an entity that a jurisdiction contracts with or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“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 or 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.
“Enforcement action”
means an action of the City to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded waste”
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that in City’s, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by jurisdiction or its designee for collection services.
“Food distributor”
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“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; and
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).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
“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 scraps”
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
“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, or as otherwise defined in 14 CCR Section 18982(a)(27).
“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 coffee cups, napkins, pizza boxes, and milk cartons.
“Food waste”
means food scraps, food-soiled paper, and compostable plastics.
“Gray 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 gray container waste.
“Gray container waste”
means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray 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”
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 green container organic waste and de minimis amounts of food scraps contained in bags.
“Grocery store”
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler route”
means the designated itinerary or sequence of stops for each segment of the jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“High diversion organic waste processing facility”
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5), or as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection”
means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Large event”
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and 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 park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
“Large venue”
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
“Local education agency”
means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Mixed waste organic collection stream” or “mixed waste”
means organic waste collected in a container that is required by 14 CCR Section 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility, or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multifamily residential dwelling” or “multifamily”
means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“MWELO”
refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“Non-compostable paper”
includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-local entity”
means the following entities that are not subject to the jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. 
Special district(s) located within the boundaries of the jurisdiction.
2. 
Federal facilities, including military installations, located within the boundaries of the jurisdiction.
3. 
Prison(s) located within the boundaries of the jurisdiction. Private prisons are considered commercial businesses and should not be listed here.
4. 
Facilities operated by the State park system located within the boundaries of the jurisdiction.
5. 
Public universities (including community colleges) located within the boundaries of the jurisdiction.
6. 
County fairgrounds located within the boundaries of the jurisdiction.
7. 
State agencies located within the boundaries of the jurisdiction.
8. 
Tribal land is excluded; but land owned by Tribal nation persons or corporations is not excluded.
“Non-organic recyclables”
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of violation (NOV)”
means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45), or further explained in 14 CCR Section 18995.4.
“Organic waste”
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic waste generator”
means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Paper products”
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and writing papers”
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“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 jurisdiction’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 jurisdiction’s green container; (3) discarded materials placed in the gray 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) excluded waste placed in any container.
“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 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Restaurant”
means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route review”
means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“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.
“SB 1383 regulations” or “SB 1383 regulatory”
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-hauler”
means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-family”
means of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste”
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
1. 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. 
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. 
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source separated”
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
“Source separated blue container organic waste”
means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
“Source separated brown container organic waste”
means source separated food scraps placed in a brown container for the purposes of collection and processing.
“Source separated green container organic waste”
means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles. Source separated green container organic waste may include food scraps provided that the food scraps are bagged separate from other non-food organic waste.
“Source separated recyclable materials”
means source separated non-organic recyclables and source separated blue container organic waste.
“State”
means the State of California.
“Supermarket”
means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“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.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
“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 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.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
“Uncontainerized green waste and yard waste collection service” or “uncontainerized service”
means a collection service that collects green waste and yard waste that is bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
“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, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Prior code § 50.01; Ord. 546 5-6-14; Ord. 758 6-8-22)
A. 
The City Manager shall have charge of the administration of the provisions of this chapter.
B. 
The City Manager may, from time to time at his or her sole discretion, authorize installation of a container on such City property as the City Manager may deem desirable. This container shall be for the exclusive use and benefit of the City, for residential purposes only. Any other use, including commercial, contractor, or landscape gardener use, shall be deemed unlawful and punishable as an infraction.
(Prior code § 50.02; Ord. 546 5-6-14; Ord. 758 6-8-22)
It is unlawful for any person to place or deposit, or cause or permit to be placed or deposited, any solid waste, non-organic recyclables, or organic waste into or upon any public street, avenue, alley, way or other public place in the City, or in, into or upon any vacant lot or vacant premises, except in containers for the purpose of collection as permitted by the provisions of this chapter, with the exception of lawfully placed bulky items for scheduled pick-up.
(Prior code § 50.04; Ord. 546 5-6-14; Ord. 758 6-8-22)
A. 
All solid waste, non-organic recyclables, or organic waste accumulated in the City shall be collected, conveyed and disposed of by the City or by any person with whom the City has a contract for the collection, removal and disposal of solid waste, recyclables, and organic waste.
B. 
The City or its contract agent shall collect solid waste, non-organic recyclables, or organic waste from each commercial business, commercial edible food generator, and single-family residence, and the owners, occupiers or persons, firms or entities residing in or using each of such commercial business, commercial edible food generator, and single-family residence shall pay for such service at the rates hereinafter set forth.
C. 
Mandatory Solid Waste, Non-Organic Recyclable Materials, and Organic Waste Collection Service.
1. 
Every owner or occupant of real property within the City shall subscribe to solid waste, non-organic recyclables, and/or organic waste collection services.
2. 
It is further unlawful, and a public nuisance, for any person to occupy or inhabit any property within the City for which appropriate arrangements have not been made and kept in full force and effect for regular refuse collection service, in compliance with subsection (C)(1) of this section.
3. 
Every person having a duty, pursuant to subsection (C)(1) of this section, to make or cause to be made arrangements for regular solid waste, non-organic recyclables, or organic waste collection services shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, irrespective of whether such person has or has not made the appropriate arrangements for collection services in compliance with subsection (C)(1) of this section. Whenever the fees or charges for such services have not been paid when due, all of the persons mentioned in subsection (C)(1) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person may have made any existing arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for solid waste, non-organic recyclables, or organic waste produced or to be produced or accumulated or to be accumulated by such occupant, and also upon all portions of the property occupied by such occupant.
4. 
Notwithstanding the foregoing provisions of this section relating to which persons are liable for payment for refuse collection services, the City may cause the collection of the fees or charges for such services, from the owner(s) of property served, by means of collection on the tax roll in the manner prescribed by applicable provisions of State law.
5. 
There shall be no exemptions to the City’s mandatory refuse collection service.
(Prior code § 50.20; Ord. 546 5-6-14; Ord. 758 6-8-22)
A. 
The City may enter into a contract for the collection of solid waste, non-organic recyclables, or organic waste in accordance with and subject to the terms and conditions of this chapter, without limitation, to the term of the contract.
B. 
For the collection and disposal of garbage and rubbish, a contract for a period not to exceed 15 years may be entered into by the City in accordance with and subject to the terms and conditions of this chapter.
C. 
Such contract shall provide that the contractor shall collect and dispose of solid waste, non-organic recyclables, or organic waste in the City in the manner provided in this chapter, and that such contractor shall deliver the same to a permitted solid waste facility or such other place as the City Council may, from time to time, designate or determine. Such contractor shall dispose of all solid waste, non-organic recyclables, or organic waste in such locations and under such conditions as the City Council may designate through its officers and employees in charge of such permitted solid waste facility.
D. 
The contractor shall be required to furnish a surety bond to the City in the sum of $100,000, conditioned upon the faithful performance of the contract and the provisions of this article to collect all solid waste, non-organic recyclables, or organic waste set out for collection in the City and transport the same through the streets and public ways of the City.
E. 
The City Council, by resolution, shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interest of the City.
(Prior code § 50.21; Ord. 546 5-6-14; Ord. 758 6-8-22)
The City shall provide for the collection and removal of solid waste, non-organic recyclables, or organic waste, either by the City or its contract agent, from each commercial business, commercial edible food generator, and single-family and multifamily residence at least once each calendar week. The City Council shall establish, or may delegate to the City Manager the duty to establish routes, days and hours for the collection of solid waste, non-organic recyclables, or organic waste. When such routes, days and hours are established or changed, the City Manager shall give such notice thereof as the City Council shall deem advisable.
(Prior code § 50.22; Ord. 546 5-6-14; Ord. 758 6-8-22)
The City or its contract agents shall charge such rates and charges for solid waste, non-organic recyclables, or organic waste collection as the City Council shall from time to time set by resolution.
(Prior code § 50.23; Ord. 546 5-6-14; Ord. 758 6-8-22)
All solid waste, non-organic recyclables, or organic waste, accumulated in the City, shall be collected, conveyed and disposed of under the supervision of the City Manager or other official designated by the City Council. The City Manager may authorize the contract agent of the City to refuse to collect or remove solid waste, non-organic recyclables, or organic waste unless it is placed in containers and in the manner specified in this chapter.
(Prior code § 50.24; Ord. 546 5-6-14; Ord. 758 6-8-22)
The City may terminate collection service to any person for nonpayment when fees and charges for solid waste, non-organic recyclables, or organic waste collection services remain unpaid for 60 or more days.
(Prior code § 50.25; Ord. 546 5-6-14; Ord. 758 6-8-22)
A. 
Definitions. Except where the context clearly requires a different meaning, the definitions for the words set forth below shall apply to this section:
“City”
means the City of Desert Hot Springs.
“Disclosure form”
means the real estate refuse collection disclosure form which must be delivered to prospective transferees of property which is subject to the mandatory service and fees imposed by Section 8.04.040(C).
“Execution of a contract”
means the making or acceptance of an offer to purchase, transfer, lease or rental of property which is subject to the mandatory service and fees imposed by Section 8.04.040(C).
“Person engaged in the business of selling, transferring, leasing and renting developed real property in the City”
means real estate brokers, real estate salespersons, property managers, rental agents and any other person who engages in the business of listing, selling, transferring, leasing or renting developed real property located in the City.
“Prospective transferee”
means any customer or client of a person engaged in the business of selling, transferring, leasing and renting developed real property in the City who expresses an intent to enter into a contract or agreement for the purchase, transfer, lease or rental of property which is subject to the mandatory service and fees imposed by Section 8.04.040(C).
“Real estate broker” and “real estate salesperson”
means persons licensed under the California Business and Professions Code Division 4.
B. 
Exceptions. An individual who offers for lease or rent one residential rental property which is owned by the same individual and is located within the City is not a person in the business of selling, transferring, leasing and renting developed real property in the City for the purposes of this section.
C. 
Effective Date. Commencing 30 days from the effective date of the ordinance codified in this section, any person engaged in the business of selling, transferring, leasing and/or renting developed real property in the City shall deliver a disclosure form to any prospective transferee of property which is subject to the mandatory service and fees imposed by Section 8.04.040(C), prior to entering into any agreement to sell, transfer, lease or rent.
D. 
Content of Disclosure Form. The City Manager has discretion to determine the contents of the disclosure form, which discretion should be reasonably exercised to further the purpose and intent of this section.
E. 
Delivery of Disclosure. Where disclosure is mandated by this section, delivery of the disclosure form shall be made by either personal delivery or by mail as follows:
1. 
In the case of a contractual sale, transfer, lease or rental of real property, as soon as practicable before execution of the contract.
2. 
In all other cases, as soon as practicable before transfer of title or transfer of possession, whichever shall occur first.
F. 
Failure to Timely Disclose.
1. 
Failure of a prospective transferee to receive timely delivery of the disclosure form shall not void or make voidable any contract for sale, purchase, transfer, lease or rent.
2. 
Failure of a prospective transferee to receive timely delivery of the disclosure form shall not release said person from the duties and obligations imposed thereunder.
G. 
Additional Disclosures. The disclosure form shall be in addition to any other lawfully required disclosure.
H. 
Distribution of Form. The City Clerk shall maintain copies of the disclosure form for public distribution.
I. 
Penalties. Any person who is required to deliver a disclosure form and who fails to properly and timely provide the disclosure form when required to do so by this section shall be guilty of an infraction violation.
(Prior code § 50.27; Ord. 546, 5-6-14)
A. 
Every owner or occupant of real property within the City, except the owners of vacant land, shall deposit or cause to be deposited all solid waste, non-organic recyclables, and organic waste in containers as approved by the City and in conformity with Section 18984.1 of the SB 1383 regulations. There shall be a gray container, green container, blue container and brown container. A brown container shall be used for source separated food scraps generated by commercial businesses involved with food preparation and food service. No person shall maintain or place for collection any container not in conformance with this section.
B. 
Collection of waste from construction or demolition activities shall be separately arranged with City or City’s contract agent and shall not be commingled with other solid waste placed out for collection.
C. 
Every owner, manager or person in possession of a residential or commercial premises that is provided a cart(s) by the City or City’s contract agent for individual collection of solid waste, non-organic recyclables, and organic waste shall be responsible for the cost of replacing missing, lost or damaged carts, except for normal wear and tear.
D. 
The City or City’s contract agent may remove and dispose of containers not conforming to the requirements of this section.
(Prior code § 50.35; Ord. 546 5-6-14; Ord. 758 6-8-22)
It is unlawful for any person to keep or accumulate or cause to be or permit to be kept or accumulated upon any premises owned, controlled or occupied by him or her in the City, any solid waste, non-organic recyclables, or organic waste unless the same shall be enclosed in an appropriate container as provided for in this chapter.
(Prior code § 50.36; Ord. 546 5-6-14; Ord. 758 6-8-22)
It is unlawful for any person to place for collection or mingle with any other solid waste, construction waste, demolition waste, non-organic recyclables, or organic waste, ashes, dirt and stones.
(Prior code § 50.37; Ord. 546 5-6-14; Ord. 758 6-8-22)
A. 
Each container shall be kept on the premises of the person utilizing such container for the storage and disposal of solid waste, non-organic recyclables, and organic waste. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of trash containers out of the public view, the trash containers shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.
B. 
On the day designated for collection and before the time for collection to begin in the particular district in which premises are located, containers shall be placed for collection on the curb, in no event more than four feet from the pavement edge, in front of the premises occupied by the person placing the same or on the curb at the side of the premises where such premises are adjacent to more than one street.
C. 
All containers set out for collection shall be placed no closer than within four feet of any fixed object or parked motor vehicle, and shall be placed no closer than within two feet from another container.
D. 
Containers shall not be so placed earlier than 12 hours prior to the time such collection is scheduled to commence.
(Prior code § 50.38; Ord. 546 5-6-14; Ord. 758 6-8-22; Ord. 774 2-21-23)
It shall be the duty of every person placing a container in or upon any street, sidewalk, curb or alley for collection to remove such container from the street, sidewalk, curb or alley immediately after the contents of the container have been collected by the authorized collector for the City, and in any event within 12 hours after such removal. It is unlawful for any such person to fail or refuse to perform such duty.
(Prior code § 50.39; Ord. 546 5-6-14; Ord. 758 6-8-22)
Whenever any container has been placed for collection, it is unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort or take any solid waste, nonorganic recyclables, or organic waste or any part thereof in or from such container, except the proper collection officials or employees of the City in the performance of their regular collection service.
(Prior code § 50.40; Ord. 546 5-6-14; Ord. 758 6-8-22)
No person, other than a person with whom the City has a contract for the collection, removal and disposal of solid waste, non-organic recyclables, or organic waste, shall deface, alter, remove or obliterate any identification placed on any container.
(Prior code § 50.44; Ord. 546 5-6-14; Ord. 758 6-8-22)