This chapter shall be known as the "Collection and Disposal
of Refuse Ordinance."
(Prior code § 5180)
The definitions in this section shall govern the construction
of this chapter.
means the percentage of construction and demolition debris
for each project that must be diverted from landfills.
means a residential or commercial entity that produces construction
and demolition debris.
means the operation of gathering together garbage, rubbish
and waste material, and transporting the same to the point of disposal.
means a solid waste collector with a written franchise, contract
or permit for the collection of solid waste, issued as set forth in
this chapter, including salvaging or salvage collecting.
means any property located within the boundaries of the city,
occupied or used for any purpose other than residential uses with
less than four dwelling units, authorized or permitted in the PA,
C-N, C-C, C-G, CPD and C-M zones, under the provisions of Title 18
of the Pico Rivera Municipal Code, and those mobile home parks, rental
housing projects, apartment houses and other multiple dwellings containing
four or more dwelling units, where one contract for the collection
of refuse for all units within such park, project, house or multiple
dwellings is made by the management thereof on behalf of all units
thereof.
means containers, whether residential, multifamily residential,
commercial, industrial, or institutional, provided for temporary accumulation
and collection of solid waste for removal from all premises located
within the city. Containers include, but are not limited to, solid
waste containers with capacity of at least one cubic yard and roll-off
type service containers.
means the person entering into a contract with the city for
the collection and disposal of garbage, rubbish and waste material.
means the complete operation of treating and disposing of
the accumulations of rubbish, waste material and the products or residue
arising from such treatment.
"Exceptional materials"
a.
b.
c.
d.
e.
means those wastes and other materials not included in the
definition of rubbish, garbage or waste material, including:
Any object not easily moved by one person, such as discarded
automobile bodies, refrigerators, stoves or other bulky or heavy objects;
or
Waste material resulting from any manufacturing, building or
construction operation;
Manure, offal, waste from any poultry yard or stable;
Logs, stumps or limbs from trees exceeding four inches in diameter
or three feet in length; and
Sod, dirt or similar material.
"Waste material,"
as used in this subsection, shall be exclusive of that waste
material defined in subsection P of this section.
means waste animal and vegetable matter of every kind and
character, including such waste food, animal and vegetable matter
as accumulates in hotels, restaurants, eating houses and private homes,
in the kitchens and on the tables of such places; and also including
such waste animal and vegetable matter as accumulates in meat markets,
grocery stores and fruit and vegetable markets. The particular designations
herein shall not be deemed to exclude the general.
means the owner or occupant of any residential dwelling.
means those premises upon which the primary and principal
activities are of an industrial nature and which activities and uses
fall within I-L and I-G zones, including those requiring conditional
use permits.
means an individual, group of individuals, and/or any legal
entity recognized by the laws of the state.
when used in this chapter without qualification, means any
and all garbage, rubbish or waste material located upon or originating
in or upon any residential or commercial property in the city, except
materials expressly excluded from the terms of this chapter.
means any property occupied or used for any purpose authorized or permitted in the RE, SF, PUD and R-M zones under the provisions of Title 18 of the Pico Rivera Municipal Code, as may be amended from time to time, and located within the boundaries of the city, except as provided in the definition of commercial premises in subsection E of this section.
means all solid waste consisting of both combustible and
noncombustible waste, such as shrubbery and yard trimmings and clippings,
grass, weeds, leaves, wood, chips, paper, pasteboard, cardboard, magazines,
books, rubber, rags, carpets, bedding, clothing, boots, shoes, hats,
straw, packing materials, glass, crockery, bottles, shelves, tin cans,
metals, ashes, cinders, and other similar waste materials which ordinarily
accumulated from the operation of a household or business.
means refuse for which a permit to treat as salvage has been
obtained under this chapter and which includes recyclable material.
Salvage is source-separated recyclable materials consisting of source-separated
commingled recyclable materials, sources-separated recyclable materials,
and source-separated single-category recyclable materials.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation regularly engaged in
the business of providing salvage collection services including those
who use third-party haulers.
means any individual, partnership, joint venture, unincorporated
private organization, or corporation which created, accumulates, imports,
or causes to be imported into the city salvage which is sold or given
to a salvage collector.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation engaged in salvaging
that it creates, accumulates, imports, or causes to be imported into
the city. Any person that self-hauls any solid waste or recyclables
within the city without a valid permit shall be subject to all fines,
fees, and penalties identified in this chapter.
Furthermore, a self-hauler of C&D waste debris must meet
all of the following requirements to be considered a self-hauler:
C&D material and debris are removed by a licensed construction
or demolition company as part of a total service offered by the said
company;
The licensed construction or demolition company must utilize
its own equipment; and
The licensed construction or demolition company performs the
associated services in the city.
means any commercial carrier or common carrier who transports
salvage or recyclable material at the direction, request, or hiring
of a salvage collector.
(Prior code §§ 5181—5181.13; Ord. 747 § 1, 1988; Ord. 1168 § 2, 2023)
The city council is authorized and empowered to operate, maintain,
repair and manage a system and facilities for the collection, removal
and disposal of garbage, waste, refuse, rubbish, offal, trimmings
and other refuse matter within the city.
(Prior code § 5182.1)
Until the further order of the city council, city manager is
designated and appointed as the official of the city in charge of
the immediate administration of the provisions of this chapter.
(Prior code § 5183.1)
In all cases and under all circumstances not otherwise provided
for in this chapter, the city manager or duly authorized representative
shall be, and is hereby empowered and authorized to promulgate and
issue such orders, directions and instructions with respect to the
collection, transportation and removal of refuse as may be necessary,
convenient or desirable for the safe, proper and essential functioning
of the collection and disposal services referred to herein, whether
the same are performed by contract or otherwise, and as may be in
the best interest of the city. All such instructions, directions and
orders, when so made, shall be obeyed to ensure the collection and
removal of refuse in a prompt, thorough and lawful manner.
(Prior code § 5183.2)
The city council is authorized to contract with any person for
the collection, removal and disposal of garbage, waste, refuse, rubbish,
offal, trimmings and other refuse matter within the city, under such
terms and conditions as are contained in this chapter, and as may
be prescribed by the city council.
(Prior code § 5182.2)
A.
In the
event a contract exists between the city and any contractor, such
contract, in addition to any other remedy provided within the contract
or otherwise available to the city, may be terminated as provided
in this section.
B.
In the
event of a substantial failure of performance on the part of the contractor,
affecting the public health, safety and welfare, or the wilful violation
of any of the terms and provisions of this chapter or the contract
or resolution hereunder, following a report concerning the foregoing
from the city manager or his or her duly authorized representative,
the city council shall hold a public hearing on whether the contract
and all rights and privileges of the contractor thereunder shall be
revoked and the bond of the contractor forfeited.
C.
A public
hearing shall be held after at least ten days' written notice to the
contractor setting forth the charges of the city manager or his or
her duly authorized representative, and setting forth the time and
place of the hearing and the reason for the hearing. If the city council,
at the hearing, after hearing and receiving all evidence and testimony
relevant and material on the issue offered at the hearing, finds that
there has been substantial failure of service affecting the public
health, safety and welfare, or a wilful violation of this chapter
or of any provision of any contract or resolution made pursuant hereto,
it may revoke the contract, and forfeit the bond. The decision of
the city council in this matter shall be final.
(Prior code § 5182.3)
A.
Except
as otherwise provided in this chapter, it is unlawful for any person
not having a valid, unrevoked permit from the city to do so, to remove,
or cause or permit to be removed, any refuse from any premises or
from any street, alleyway or other place in the city, or to transport
the same in, upon or across any street, alleyway or place in the city.
B.
Upon
enactment of the ordinance codified in this chapter, it is the intention
of the city council that a moratorium shall be in effect upon the
granting of any permits for the collection, transporting or disposal
of refuse, garbage and rubbish beyond those valid permits in effect
upon enactment. It is further the intention of the council to allow
a reduction in number of permits over the years until a more limited
number of permits shall have been granted, it having been found that
the public health, safety and welfare are best served by a number
of permits consistent with the needs of the citizens of the city.
From the effective date of the ordinance codified in this chapter,
no additional permits shall be issued for the collection of refuse,
garbage or rubbish in the city. Only those currently and lawfully
performing such business in the city for three years may continue
to do so, subject to the provisions of this chapter; nor shall any
firm, person or corporation pick up or collect refuse, garbage and
rubbish from any properties within the city without a valid city license
and permit.
(Prior code § 5184)
A.
The
city and its duly authorized agents, servants and employees, or any
contractor with whom the city may at any time enter into an exclusive
franchise agreement therefor, and the agents, servants and employees
of such contractor, while any such agreement shall be in force, shall
have the exclusive right to gather, collect and remove refuse from
any premises which may be the subject of such exclusive agreement.
B.
No person
other than those above specified shall:
1.
Gather,
collect or remove any refuse;
2.
Convey
or transport any refuse in, along or over any public street, alley
or highway;
3.
Take
any refuse from any receptacle in which the same may be placed for
collection or removal;
4.
Interfere
with or disturb any such receptacle, or remove any such receptacle
from any location where the same is placed by the owner thereof.
C.
Permit
requirements as set forth above shall apply to all haulers, this section
notwithstanding.
(Prior code § 5184.1)
(Prior code § 5184.4)
The provisions of Sections 8.12.080 through 8.12.120 shall not prohibit any of the officers or employees of the city, or any employees of a contractor, or any employees of any governmental subdivision of the state, from collecting, removing and disposing of such garbage and rubbish in the regular course of their respective duties as such officers or employees.
(Prior code § 5184.2)
The provisions of Sections 8.12.080 through 8.12.120 shall not prohibit the lawful accumulation and placement of garbage and rubbish in the first instance.
(Prior code § 5184.5)
Except as authorized in Sections 8.12.080 through 8.12.120, any occupant who removes or disposes of, or contracts for the removal and disposal of his or her own refuse as otherwise provided by law shall not be released from any obligation imposed by this chapter to pay the contractor the refuse collection fees as herein provided.
(Prior code § 5184.3)
Any person eligible and desiring to obtain a permit to remove or convey any garbage upon or along any public street, alley, highway or other public place shall sign and file an application with the permit hearing board, which application shall set forth the name and address of the applicant and such other information as may be required by the board. The license and permit hearing board shall consider the application in the manner set forth in Chapter 5.08 of this code.
(Prior code § 5184.6)
A.
No more
than the current commercial permits shall be issued and outstanding
at any given time.
B.
The
fee for each such commercial permit shall be the sum of three hundred
dollars per year, payable at the time of application. The penalty
for late payment of such fee shall be fifty percent of the amount
payable; provided, however, that the city clerk may excuse the payment
of any such penalty upon good cause shown to him or her for such late
payment.
(Prior code § 5184.8)
A.
All
rights and privileges of the contractor set forth are granted pursuant
to this chapter and conditioned on the contractor's having on deposit
with the city clerk at all times during city service a valid, unexpired
bond or bonds, or other security acceptable to the city and approved
by the city attorney in favor of the city, as follows: In the amount
of ten thousand dollars, conditioned that the contractor will faithfully
perform and carry out the provisions of this chapter, the terms of
any resolution adopted pursuant hereto, the terms of any individual
contract entered into for the collection of refuse, and conditioned
upon the con-tractor's complying with all laws, statutes, ordinances
and regulations relating to the collection and disposal of garbage
and refuse.
B.
The
bond, or bonds, shall be in favor of the city of Pico Rivera, and
shall not extend the right of recovery against the sureties by third
persons. The said bond shall not be void upon the first recovery,
but may be sued and recovered upon from time to time by the city until
the whole principal sum is exhausted.
C.
The
bond may contain a provision giving the sureties the option to cancel
the bond upon first giving notice in writing not less than thirty
days before the effective date of the cancellation to the city clerk,
providing that such cancellation shall not impair the right of the
city to reimbursement for correction of conditions resulting from
violation of such laws, statutes, ordinances or regulations, or the
contract or resolution made pursuant to this chapter, which violations
occurred before the effective date of the cancellation of the bond
whether the work of correction was performed before or after such
effective date.
(Prior code § 5189; Ord. 854 § 1, 1994)
No person shall operate a refuse or garbage truck within the
city, unless at the time such truck is being operated within the city
there is on file with the city clerk a valid, unexpired public liability
and property damage insurance policy, in the amounts of one hundred
thousand dollars for death or injury to any one person arising out
of any one accident, and three hundred thousand dollars for injury
to or death of more than one person, arising out of any one accident,
and one hundred thousand dollars for property damage, arising out
of any one accident. Such policy shall be in a form and with a copy
approved by the city.
(Prior code § 5190)
In the event an exclusive franchise(s) is granted by the city,
all valid permits issued for the three consecutive previous years
hereof to collect garbage and rubbish in the city at the effective
date of the award of the franchise(s), may remain in full force and
effect for a period of five years from the date of the award of such
franchise(s).
(Prior code § 5184.7)
No permit granted pursuant to this chapter shall be assigned,
subcontracted, leased or otherwise transferred or assigned without
the written consent of the city council.
(Prior code § 5184.9)
Procedures for revocation are those set forth in Chapter 5.08 and Sections 5.08.390 through 5.08.420 of this code.
(Prior code § 5184.10)
The rates, hours of collection and schedules of collection of
rubbish and garbage shall be those which the city council may determine
and establish from time to time by resolution.
(Prior code § 5185)
It shall be unlawful for any person to operate, or cause or permit to be operated within the city, a truck used or intended to be used for the collection, hauling or disposing of garbage or rubbish unless the operation and each such truck complies with all of the requirements set out in Sections 8.12.220 through 8.12.280.
(Prior code § 5186)
Such trucks shall be constructed of metal and be watertight.
They shall be completely inspected and certified twice each year by
the California Highway Patrol as to maintenance and driver's record.
The inspection shall include, but is not limited to brakes, steering
mechanism, suspension and linkage systems, tires, wheels, air leakage,
valves, emergency stop mechanism, lights, and overall truck appearance.
In addition thereto, such trucks shall also be thoroughly inspected
and certified by the Los Angeles County health department, and such
inspection shall include but is not limited to leakage of fluids or
rubbish from trucks, state of paint and letters on the truck, as well
as overall truck appearance. Notice of such certification shall be
filed with the city manager each June and December and as trucks are
placed into service. Failure to submit required notice of such certification
shall be grounds for suspending of rubbish hauling permits and/or
contracts, where applicable, until a notice evidencing passage of
such inspections, as required, is received by the city manager.
(Prior code § 5186.1)
Such trucks shall contain, in neat and legible three-inch painted
letters, the name of the owner or operator of the truck, and the true
business telephone number of such person.
(Prior code § 5186.4)
Such trucks shall be maintained at all times in good mechanical
condition, and shall be maintained clean and well-painted to the satisfaction
of the city manager or his or her duly authorized representative.
(Prior code § 5186.3)
Such trucks shall be operated so as to offer the least possible
obstruction to the public peace and quiet. Collection of rubbish or
garbage shall not be made between the hours of six p.m. and five a.m.
(Prior code § 5186.6; Ord. 700 § 1, 1985; Ord. 718 § 1, 1986)
The body of each truck shall have a metal cover over at least
fifty percent of the area at all times, and further, over the remaining
fifty percent, there shall be carried an airtight waterproof tarpaulin
which shall be tied down securely to cover refuse when the vehicle
is being used to transport its contents to the place of disposal.
(Prior code § 5186.2)
All trucks shall be cleaned thoroughly by flushing with water
at least once after each day's use, and shall be disinfected by the
use of live steam or an approved disinfectant at least once a week.
All vehicles and equipment used in the collection of rubbish and garbage
in the city, if kept within the boundaries of the city, shall under
no condition be stored on public streets.
(Prior code § 5186.5)
A.
It shall
be the duty of every householder within the city to provide or cause
to be provided, and at all times to keep or cause to be kept, portable
containers for holding garbage and rubbish.
B.
Each
such container shall be constructed of metal or other material of
equal quality, and shall be watertight and shall be so constructed
so as to contain not less than three gallons' capacity or more than
forty gallons capacity, and not more than eighty pounds in weight
when full. All such containers shall be kept in good repair by the
occupant. The occupant may also use plastic-bag containers for the
disposal of refuse; however, such bags shall be no less than three
mil in thickness, and shall be known as the type specifically designed
for the disposal of refuse.
C.
Each
such container shall be equipped with a bail or handles on both sides
thereof, and each such container shall have a suitable close-fitting
cover, the design and type of which shall have been approved by the
city manager or his or her duly authorized representative.
(Prior code § 5187)
Receptacles used at residential premises shall be of such a
size, shape and weight, when filled, that they may be readily lifted
for emptying into the trucks of the container, and free of all rough
or jagged surfaces which shall be likely to cause injury to persons
lifting the same.
(Prior code § 5187.4)
A.
Each
container provided as prescribed in this chapter shall be kept or
placed in the following manner. Each such container shall be kept
on the premises of the person providing the same, except that on the
day designated for collection, and before the time collection starts
in the district in which such premises are located, it shall be placed
for collection as follows:
1.
On
any premises adjacent to a dedicated, paved alley in a block with
access to such alley at each end of the block, such containers shall
be placed on or within two feet of the rear property line of such
premises, and shall be readily accessible for collection from the
alley.
a.
Each such premises shall be identified by the street address of such
premises, painted and maintained legibly in numbers not less than
two inches in height, placed on each container or on a fence or other
structure at the rear of such premises and abutting on such alley.
b.
It shall be the responsibility of the owner or occupant of such premises
to comply with the requirements hereof, and should he or she fail
to do so, the city may paint such numbers and charge the cost thereof
to such owner or occupant.
2.
Where
such premises are not adjacent to an alley which is paved and dedicated,
with access to such alley from each end of the block, each such container
shall be placed on the curb 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.
B.
The
occupants shall place such containers near the curb in front of such
properties not more than twelve hours before the scheduled time for
pickup by the operator, and shall remove the same not more than twelve
hours after the time scheduled for pickup by the operator.
C.
It is
unlawful for any person to place any garbage or rubbish accumulating
on any premises within the city in a garbage or rubbish container
containing garbage or rubbish which has accumulated in, upon or from
any other premises within the city, or to place any such container
for collection of garbage or rubbish therefrom in, upon, in front
of or in the rear of any other premises.
(Prior code § 5188)
All garbage deposited in such containers shall be thoroughly
drained and thoroughly wrapped prior to placement in such containers.
(Prior code § 5187.1)
Papers, newspapers and magazines may be placed in garbage and
rubbish containers hereinbefore described, or in other substantial
containers. If not placed in such containers, the same shall be tied
in bundles. Whether placed in such containers or bundles, the same
shall not exceed fifty pounds in weight per container or bundle.
(Prior code § 5187.3)
Tree or garden trimmings may be placed in the garbage and rubbish
containers hereinbefore described, or in other substantial containers.
If not placed in such containers, such tree and garden trimmings shall
be tied in bundles not exceeding two feet in diameter and five feet
in length. Whether placed in such containers or bundled, such tree
or garden trimmings shall not exceed fifty pounds in weight per container
or bundle. No such container or bundle shall contain any materials
other than tree or garden trimmings. Single items such as furniture
and appliances weighing less than eighty pounds, or which can be lifted
by one man, will be allowed on a weekly basis.
(Prior code § 5187.2)
A.
There
are imposed by the city fees and charges for the collection, removal
and disposal of refuse within the city. Such fees and charges for
such collection, removal and disposal services shall be those which
the city council may from time to time hereafter determine, fix and
establish by resolution; and the same shall be applicable for the
respective periods designated in or covered by such respective resolutions.
B.
The
occupants of all premises and property where refuse is produced or
generated, regardless of whether the occupant places such refuse collection
in a manner prescribed in this chapter or not, and regardless of whether
the occupant has any refuse for collection, shall be liable for the
payment of all such fees and charges.
C.
Should
any premises or property be unoccupied, or should the occupant thereof
fail to pay all such fees and charges before the same become delinquent,
then and in either such event the owner of such premises or property
shall be liable for the payment of all such fees and charges, including
any delinquency.
(Prior code § 5191.1)
A.
Every
occupant or owner of residential property or premises in the city
shall be billed periodically in advance, either bimonthly or quarterly,
by the contractors, for the charges incurred by the collection of
refuse.
1.
Should
any owner or occupant fail, refuse or neglect to pay any such bill
within thirty days after the date that the same is rendered, then
in that event a penalty equal to not more than twenty-five percent
of the amount of the bill shall be added to the bill, and the sum,
together with any cost incurred by the contractor, may be recovered
as provided by law; or, in the event there are costs incurred by the
city, all sums and costs may be recovered as hereinafter provided.
2.
Should
the occupant or owner of any residential property or premises in the
city fail or refuse to pay, in accordance with the provisions hereinabove,
the fee assessed for the collection of refuse, then and in that event,
the city contractor shall advise the city manager or his or her duly
authorized representative of such refusal. The failure to pay may,
except for the provisions hereof, result in the noncollection of refuse.
In the event that there is nonpayment, the contractor shall cause
collection of such nonpayment to be made, and the expenses and charges
of collection, including penalties, to be assessed against the property
as provided herein. The city contractor shall continue to collect
refuse when directed to do so by the city manager or his or her duly
authorized representative, even though there be nonpayment, and in
such event all sums and costs incurred thereby shall be recovered
as hereinafter provided.
B.
The
city contractor shall make all reasonable efforts to diligently pursue
and collect all fees and charges due the city contractor for rendering
such services to the satisfaction of the city manager; in event of
delinquency, the contractor shall also notify the owner of the property
or premises.
C.
All
costs incurred by the city and payable by the city to the city contractor,
as hereinafter set forth, shall be recoverable by the city and charged
against the real property from which the refuse was collected. It
shall be the duty of the city contractor to provide to the city individual
letters which contain the name of the owner and/or occupant, the address
as of the latest tax roll, including the legal description of such
properties, and the amount delinquent and unpaid, the amount of the
penalty, collection costs, and costs of abatement. The only responsibility
of the city pertaining to notice of and public hearing shall be as
follows:
1.
The
city manager or his or her duly authorized representative shall notify
concerned parties of such amount. Such notice shall further declare
that the city council shall, at its next regular meeting, review and
approve as an assessment against the property the amount delinquent
and unpaid, the amount of the penalty, collection costs, including
administrative costs incurred hereby, and costs of abatement.
2.
If
the total assessment determined and approved by the city council is
not paid within ten days after such determination, then and in that
event, there shall be recorded in the office of the county recorder
a statement of the total balance due together with the legal description
of the property affected.
3.
From
and after the date of such recordation, the balance due shall be a
special assessment against the real property. This assessment shall
be collected at the same time and in the same manner as are county
taxes, and shall be subject to the same penalties and to the same
procedure and sale in case of delinquency as provided for ordinary
county taxes.
4.
All
laws applicable to the levy, collection and enforcement of county
taxes shall be applicable to such special assessment.
D.
The
city controller shall be fully reimbursed in the amount due him or
her on an unpaid account less ten percent when the assessed amount
is recovered.
E.
Any
occupant or owner of any residential property or premises in the city
who has been billed for refuse collection service, and who desires
to contest the extent, degree or reasonableness of the charges, shall
make payment of such charges under protest and, at the same time,
file a written statement of such protest with the city manager or
his or her duly authorized representative. Within thirty days after
the date of filing, the city manager or his or her duly authorized
representative shall notify the protestant of his or her findings
and adjudication and adjustment in the matter. Within fifteen days
after such notice of the decision of the city manager or his or her
duly authorized representative, the protestant may appeal in writing
to the city council, whose determination, in regular meeting, shall
be final.
(Prior code § 5191.2)
A.
Notwithstanding the provisions of Section 8.12.360 of this chapter, residential refuse collection fees, as established by resolution of the city council, may be billed and collected on behalf of the city by the office of the county auditor-tax collector and other appropriate county offices.
B.
The
city manager may order the refund of any fee, or portion thereof,
paid pursuant to the provisions of this section, provided that the
fee is found and determined by the city manager to have been entered,
charged or paid illegally, or more than once, or through clerical
error or through the error or mistake of the city. In any event, no
refund shall be for a period greater than three years prior to the
date of the claim for refund.
C.
No order
for a refund shall be made except on a claim verified by the person
who paid the fee, or the legal representative of that person, and
filed with the city clerk within thirty days after the payment sought
to be refunded became due.
D.
Upon
receipt of a verified claim, the city manager shall cause a review
of the claim. If the city manager determines that the claim should
be allowed, he or she shall arrange for payment. If it is determined
that the claimant has failed to truthfully set forth such facts as
to justify the refund, or that the facts as set forth shall not justify
the refund, the claim shall be denied by the city manager, who shall
give notice to the claimant. The claimant shall thereafter have the
right to appeal the decision to the city council within a ten-day
period after the date of mailing of the rejection. In the event no
claim is filed within the time prescribed, all rights to claim such
refund shall be considered to be void and extinguished permanently.
E.
Failure
to pay any and all charges established by resolution of the city council
shall be grounds for the stoppage of refuse collection service, in
addition to the right of the city to proceed for the collection of
such unpaid charges in a manner provided by law.
(Prior code § 5191.3; Ord. 929 § 1, 1999)
A.
Every
person occupying or having charge of or control of any place, land
or premises within the city wherein garbage, waste, refuse or trash
is accumulated, shall cause the same to be disposed of in the manner
set forth in this chapter. No person shall cause or permit or allow
or authorize the depositing, dumping or accumulation of any such garbage,
waste, refuse or trash, except as provided herein. Garbage, waste,
refuse and trash accumulated or stored for the purpose of disposal
shall be kept and placed in a receptacle of the type and kind prescribed
in this chapter.
B.
No person
shall cause or permit the following:
1.
The
depositing, accumulation or collection of refuse, unless placed in
a receptacle as provided in this chapter for the disposal thereof
through either automatic disposal units or by a collector, as hereinbefore
provided, within seven days;
2.
The
collection, depositing or accumulation of combustible refuse for a
period in excess of seven days, excluding, however, combustible refuse
of a salvageable value where stored and maintained in a manner approved
by the health and fire departments;
3.
The
depositing, collection or accumulation of refuse, other than combustible
refuse, for a period of time in excess of fifteen days.
C.
Pursuant
to the provisions of Sections 38771, 38773 and 38773.5 of the Government
Code of the state, the city council finds and declares that the depositing
of, or the accumulation of, or the maintenance of garbage or waste
or refuse or trash or rubbish on any parcel of land by any person
in a manner other than authorized by this chapter, or the deposit
of or the maintenance of or the accumulation of garbage, waste, rubbish,
refuse or trash on any parcel of this land by any person in any manner
or for a period of time in violation of the provisions of this chapter,
or the depositing of or the accumulation of garbage, waste, refuse,
trash or rubbish by any person on or within any public right-of-way
adjacent to the premises owned or occupied by such person, in any
manner or for a period of time other than specified in this chapter,
is a nuisance, and shall be abated as hereinafter provided in this
chapter. The council does not intend, however, by providing for the
following procedure of nuisance abatement, to make such a remedy exclusive,
and it is hereby declared that the violation of any of the aforementioned
provisions by any person is a misdemeanor which shall be punishable
as provided in the code and by law.
(Prior code § 5192)
A.
Upon
report of or discovery of the existence of any such nuisance, the
director of public works shall thereafter, within five days, in writing,
notify the person committing such nuisance of the existence of the
nuisance, and requiring such person within five days to abate or cause
the nuisance to be abated in the manner provided by law.
B.
If the
person shall fail to abate the nuisance within the five-day period,
the director of public works is authorized and directed to cause the
nuisance to be abated through city employees or contractual agents,
and such employees or agents shall have the authority to enter the
premises of any such person for the purpose of removing and abating
the nuisance.
(Prior code § 5193)
The director of public works shall keep an itemized account
of the expense or cost of abatement, and upon completion of the abatement
shall prepare a written report of the cost thereof for confirmation
and lien. Upon the filing of such a report, the city clerk shall cause
the report, with a copy of the notice of hearing before the city council,
to be served in the manner required by law for service of summons,
to be mailed by first class mail, postage prepaid, not less than ten
days prior to the hearing, on every person whose address can be ascertained
and who is:
A.
Shown
by the public record to be an owner of the premises upon which or
adjacent to which such nuisance was abated;
B.
Shown
by the public record to be the holder of any mortgage, deed of trust
or other lien or encumbrance thereon;
C.
Shown
by the public record to have any interest or right of possession thereto
by virtue of any lease;
D.
The
possessor of or in apparent or real charge or in control of such land
or premises.
(Prior code § 5193.1)
At the time fixed for hearing, the city council shall consider
such report, together with any objections or protests which may be
raised by anyone liable to be assessed for such work, or any other
interested person, and thereupon the city council may make such revision,
correction or modification of the report or statement of cost as it
deems just, after which it may, by motion or resolution, confirm the
report as submitted or as corrected or modified.
(Prior code § 5193.2)
A.
The
cost of such work and the expense of abatement of the nuisance, as
well as the incidental and administrative cost thereof, and as confirmed
by the city council, plus the cost of any title report necessary to
ascertain persons having an interest in the property upon which the
nuisance was abated, shall be a lien against the property upon which
or against which the nuisance was abated and a personal obligation
against the property owner pursuant to Section 38773 of the Government
Code.
B.
In the
event such cost is not paid within five days following the confirmation
by the city council, such shall constitute a lien upon the real property
upon which the nuisance was abated, and shall continue until the amount
thereof and interest thereon, at the rate of eight percent per year
computed from the date of confirmation, has been paid, or until it
is discharged otherwise.
C.
In the
event of nonpayment, the director of public works shall at any time
within sixty days after confirmation of the report, cause to be filed
in the office of the county recorder of Los Angeles County a certificate
substantially in the following form:
|
NOTICE OF LIEN
|
|---|
|
Pursuant to the authority vested in the undersigned by Section 8.12.380, et seq., of the Pico Rivera Municipal Code, and Section 38771, 38773 and 38773.5 of the Government Code of the State of California, the undersigned did, on the _______ day of _______, 20_______, cause a nuisance to be abated on the real property hereinafter described within the City of Pico Rivera and the City Council of the City of Pico Rivera did on the _______ day of _______, 20_______, by action duly recorded in its official minutes as of said date, assess the cost of such abatement upon the real property hereinafter described and the same has not been paid and the undersigned does hereby claim a lien on said real property for the cost of said abatement in the sum of $_______ _______, and the same shall be a lien upon said real property until said sum, with interest at the rate of eight percent per annum from the _______ day of _______, 20_______, (insert date of confirmation of report), has been paid in full and discharged, as well as a personal obligation against (insert name of property owner).
|
|
The real property hereinbefore mentioned, upon which a lien
is claimed, is that certain parcel or place of land lying and being
in the City of Pico Rivera, County of Los Angeles, State of California,
and more particularly described as follows:
|
|
Dated this __________ day of __________, 20__________.
|
|
CITY OF PICO RIVERA
|
|
By _________________________
Director of Public Works
|
(Prior code § 5193.3)
A.
The
cost of the abatement shall constitute a special assessment against
the parcel, which may be collected at the same time and in the same
manner as ordinary municipal taxes are collected in accordance with
and subject to the terms and provisions of Section 38773.5 of the
Government Code of the state. Confirmation of the statement or report
of the director of public works shall be in confirmation of the assessment
and shall be a lien on the property or parcel where the abatement
was performed. Failure to record a notice of lien under the unforementioned
section shall not bar collection hereunder or otherwise.
B.
After
confirmation of the report, the director of public works, in lieu
of recording the notice of lien, or in a proper case in addition to
recording the notice of lien, shall deliver a certified copy of said
notice of lien or report, or both, to the county auditor on or before
August 10th. The description of the parcel or parcels reported shall
be those used in the county assessor's map book for the current fiscal
year. The amount of the assessment shall thereafter be collected in
accordance with and subject to the terms and provisions of Section
38773.5 of the Government Code of the state.
C.
The
city treasurer may receive the amount due on the abatement cost and
issue receipts at any time after confirmation of the statement and
prior to delivery of a certified copy of the report or notice of lien
to the county auditor. The city council may order refund of all or
part of a tax paid pursuant to the provisions of this section if it
finds that all or part of the taxes have been erroneously levied.
A tax or part shall not be refunded unless a claim is filed with the
city council on or before March 1st, after taxes become due and payable.
The claim shall be verified by the person who pays the tax or his
or her guardian, executor or administrator.
(Prior code § 5193.4)
A.
Except
as otherwise provided in this chapter, it is unlawful for any person
other than a contractor or the city to gather, collect or remove any
garbage or rubbish from any premises within the city.
B.
Except
as otherwise provided in this chapter, it is unlawful for any person
not having a valid, unrevoked permit from the city to do so, to remove
or cause or permit to be removed any garbage or rubbish from any street,
alleyway or other place in the city, or to transport the same in,
upon or across any street, alleyway or place in the city.
C.
It is
unlawful for the owner or occupant of property in the city to contract
for or to use the services of a person collecting garbage, refuse
or rubbish, unless such person is duly licensed by the city.
D.
The
provisions of this section shall not prohibit the lawful accumulation
and placement of garbage and rubbish in the first instance.
E.
The
provisions of this section shall not prohibit any of the officers
or employees of the city, or any employees of a contractor, or any
employees of any governmental subdivision of the state, from collecting,
removing and disposing of such garbage and rubbish in the regular
course of their respective duties as such officers and employees.
F.
Householders
hauling occasional loads of waste, refuse or manure, not containing
garbage, from their own premises to a legal point of disposal shall
be excepted from the provisions of this section.
G.
This
section does not prohibit the hauling or disposal of grass cuttings,
pruning, manure or other rubbish not containing garbage, to or at
a legal point of disposal as a part of gardening or horticulture.
(Prior code § 5191)
A.
No person
shall deposit, by means of urination or defecation, any human waste
material in any public place or in any place open to the public or
exposed to public view, or upon the surface of the ground or upon
any premises, lot, or in any building, basement, or in any public
street, or into any standing water, stream or excavation, or a public
place other than a proper toilet or portable toilet.
B.
For
the purpose of this section, "human waste material" means human urine
discharged from the body, or human fecal matter defecated from the
rectum.
(Prior code § 4230.5; Ord. 731 § 1, 1987)
No person shall place, deposit, throw or dump, or cause to be
placed, deposited, thrown or dumped any garbage, swill, cans, bottles,
papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of
any dead animal, offal, refuse, plants, cuttings or trash, or rubbish
of any nature whatsoever, or any nauseous, offensive matter, in or
upon any public or private road, highway, street, alley, public way,
or any public or private property of any kind whatsoever.
(Prior code § 4230)
No person, collector, or salvage collector shall engage in the
collection, caring, conveyance, salvage, or transportation of any
solid waste or recyclable material from or at any location within
the limits of the city without the express written consent of the
city council by means of a franchise or permit granted by the city
council or, where authorized, the city manager, pursuant to this chapter
or other provisions set forth in the city of Pico Rivera Municipal
Code.
(Ord. 1168 § 3, 2023)
It is unlawful for any person to utilize containers for the collection, deposit or transport of solid waste, commercial solid waste, construction, demolition and deconstruction debris, green waste, or other solid waste unless such containers have been issued by the collector. It is unlawful for any person to utilize containers for the collection, deposit, or transfer of recyclable material or other solid waste or recyclable solid waste unless such containers have been issued by the collector or a salvage collector authorized by the city manager to issue such containers. Such containers shall be subject to removal as set forth in Section 8.12.520.
(Ord. 1168 § 3, 2023)
Pursuant to California Penal Code Section 836.5, the city manager,
persons designated by the city manager, and all city code enforcement
officers are hereby authorized to enforce the provisions of this chapter
as well as those of California Penal Code Sections 373(a), 374.2,
374.3, 374.4, and 375; California Government Code Section 68055 et
seq.; and California Vehicle Code Sections 374.7, 374.8, 23111 and
23112. The city manager may promulgate administrative regulations
to provide those integrated waste management services which are not
specifically provided for in this chapter.
(Ord. 1168 § 3, 2023)
Violations of this chapter are punishable as set forth in Chapter 1.20 of this code.
(Ord. 1168 § 3, 2023)
Nothing in this chapter shall be deemed to limit the right of
a collector to bring a civil action against any person who violates
this chapter, nor shall a conviction for such violation exempt any
person from a civil action brought by a collector.
(Ord. 1168 § 3, 2023)
Any container used for storing or transporting salvage or solid
waste which is not the property of the collector or under the control
of a duly permitted salvage collector in the city, may be removed
from any premises in the city and impounded without notice to the
owner of the container.
Such removal and impoundment may be made by any person or entity
designated by the city manager. In the event the container has contents,
the contents may be disposed of if the city manager determines disposal
to be necessary, in his or her sole discretion, to preserve the public
health, safety and welfare. Any such container shall be held under
his or her direction subject to the right of the owner thereof to
take it upon payment of a sum as provided in a fee schedule. The fee
schedule shall be inclusive of the amounts incurred to recover the
costs of removing and impoundment of the container, the disposing
of the contents of any such container caused to be removed by the
city, including both the costs incurred by the collector/hauler performing
such removal and the city's administrative costs, the fee schedule
shall be an amount equal to the city's maximum authorized daily service
rate charged for the subject size container, plus any processing charges,
disposal charges, storage fees, and overhead charges incurred. The
processing charges and disposal charges of the container's content
shall be based on the rates of the city-designated local transfer
station and landfill. Storage fees for the container shall be based
on the rates of the city-designated local storage facility.
Within twenty-four hours of the time that the city has removed
and impounded the container and its contents if any, the city manager
shall cause to be sent to the owner of the container written notice
advising the owner that the container has been removed and is in the
possession of the city and, that if said container is not redeemed
by the owner within thirty days, said container will be subject to
sale. If the container is not redeemed by the owner within thirty
days after such removal and impoundment, it may be thereafter sold
at public auction under the direction of the city manager to the highest
bidder after the city manager has within forty days from the date
of removal and impoundment of the container, sent by regular mail
with a prepaid postage notice of such sale to the person owning or
in control of such container and to four or more other collectors
at least ten days before such sale. The proceeds of any such sale
shall be applied to the cost of such sale and to the cost of removal
and holding of such container plus twenty-five percent of such costs
for the overhead expenses of the city in causing such sale. Any balance
such proceeds shall be paid upon demand to the person who owns such
container at the time of its removal. In the instance of a deficiency
where the sales price of the container does not generate sufficient
money to pay for the costs of removal, storage, and overhead charges,
the city manager shall submit an invoice to the owner of the container,
for payment in an amount equal to the deficiency. The container may
be redeemed by the owner at any time prior to the sale and upon payment
of the amounts due and owing pursuant to this section.
(Ord. 1168 § 3, 2023)
Every self-hauler within the city shall secure a permit to create,
accumulate, import, or cause to be imported or transport salvage.
Applications for self-hauler permits required under this chapter shall
be filed with the city manager upon printed forms to be prescribed
and supplied by the city manager. Within thirty days after receipt
of all information requested of an applicant, the city manager shall
either grant or deny the self-hauler permit and shall immediately
notify the applicant by electronic mail or first-class mail of the
action taken. The permit shall provide for the payment of fees to
the city in an amount established from time to time by the city manager.
(Ord. 1168 § 3, 2023)
Each salvage collector, salvage generator or self-hauler operating
under the provisions of this code shall be required at the discretion
of the city to submit monthly, quarterly and annual reports containing
information relative to its salvaging activities including collection
tonnage of salvage or recyclable solid waste collected within the
city limits and other information as may be reasonably required by
the city to determine the effectiveness of services provided, effectiveness
of city and/or salvage collector, salvage generator or self-hauler
sponsored programs for compliance, as well as current collection tonnages
within the city. Such records shall be submitted in a format approved
by the city with the affixed signature of a duly authorized representative
of the salvage collector, salvage generator, or self-hauler. Such
reports shall be submitted to the city pursuant to a schedule established
by the city manager. Notwithstanding the foregoing, each salvage collector,
salvage generator, or self-hauler shall submit, on or before the twenty-eighth
day of each month, a monthly weight report prepared on a form approved
by the city which shall enable the city to determine the volume of
salvage for the preceding month.
Each salvage collector, salvage generator, or self-hauler shall
maintain all records relating to the services provided for in this
chapter for twenty-five months from the date upon which such services
are provided. The city shall have the right, upon reasonable advanced
notice, to inspect and/or audit records that may be relevant to the
operations within the city or relating to the imposition of any fees
which be imposed by the city. Such records shall be made available
to the city at the regular place of business of the salvage collector,
salvage generator, or self-hauler. Should an inspection or audit of
a salvage collector, salvage generator, or self-hauler result in the
obtaining of proprietary information between the salvage collector,
salvage generator, or self-hauler and the city, any exchange of information
between the city and the salvage collector, salvage generator, or
self-hauler shall be considered to be proprietary between the city
and the salvage collector, salvage generator or self-hauler and of
the utmost confidential nature to the extent allowable by law.
(Ord. 1168 § 3, 2023)
All salvage shall be collected, accumulated, or transported in containers, bales, or other methods approved by the city manager. Salvage shall not be collected in a packer box system where the material has been packed into a closed container. Each such container shall at all times be kept in good repair and maintained in a clean and sanitary condition. Each such container shall bear upon at least two of its sides the name and telephone number of the salvage collector, which name and telephone number shall be in legible letters and numerals. Any container which does not comply with the requirements of this section shall be subject to removal as provided in Section 8.12.520 of this chapter.
(Ord. 1168 § 3, 2023)
Each salvage collector, salvage generator, or self-hauler shall
cooperate with the city and/or designated consultants in solid waste
disposal characterization studies and waste stream audits and shall
implement measures adequate to achieve the city's source reduction,
recycling, and waste stream diversion goals for the solid waste stream.
Each salvage collector, solid waste generator, or self hauler, at
its own expense shall submit to the city information and reports necessary
for the city to meet its reporting obligations imposed by the Act
and/or other legislation and the regulations implementing the Act
and/or other legislation.
(Ord. 1168 § 3, 2023)
