The City Council may, at its sole discretion and upon such terms
as it may prescribe, award an exclusive franchise or contract to any
qualified person to provide collection of solid waste, recyclables,
and green waste for commercial and industrial establishments and residential
properties in the City.
A person awarded an exclusive franchise or contract by the City
for collection of solid waste, recyclables, and green waste shall
provide, at a minimum, the following services to customers and the
City.
(a)
The
person awarded an exclusive franchise or contract by the City shall
provide all residential property in the City with regular collection
of solid waste, recyclables, and green waste. The franchisee shall
provide the owner, occupant, or manager of residential property with
containers in which to discard such materials. If the owner or occupant
of a single-family residence is physically unable to place discarded
materials at the appropriate place for collection, the franchisee
shall provide backyard service at no additional charge.
(b)
The
person awarded an exclusive franchise or contract by the City shall
provide all commercial establishments in the City with regular collection
of solid waste and recyclables. The containers that commercial establishments
use for discarding such materials and the locations at which such
establishments place the containers shall both be agreeable to the
City's franchisee or contractor.
(c)
The
person awarded an exclusive franchise or contract by the City shall
provide collection services to debris boxes on an on-call basis. The
franchisee or contractor shall respond to a call for debris box service
by the end of the next business day.
(d)
Upon
request of a resident or business and for a special fee, the franchisee
or contractor shall provide other services, including but not limited
to, bulky waste collection, at times other than the regularly scheduled
solid waste collection.
(e)
Upon
the request of City, the contractor or franchisee shall provide, at
no cost, collection and disposal of solid waste and collection and
recycling of recyclables at up to five City-sponsored events each
year. Such service shall include the provision and emptying of containers
for and during the events in a manner that ensures the public will
be able to use such containers. Such events may last more than one
day.
(f)
The
franchisee may refuse to collect solid waste, recyclables, and green
waste from and shall not be obligated to continue to provide service
to any customer that, after a minimum of two warnings, fails to set
out the materials properly. The accumulation of solid waste, recyclables,
and green waste on the property of such a customer may constitute
an abatable nuisance under the San Leandro Community Preservation
Ordinance.
(a)
It
shall be unlawful and a violation of this Code for any person other
than the City's exclusive franchisee or contractor to collect solid
waste, recyclables, or green waste, with the following exceptions:
(1)
The owner, occupant, or manager of a residential property may collect
and transport solid waste and green waste generated on the property
to an authorized disposal facility. Owners, occupants, and managers
of residential properties that self-haul such materials, as provided
for in this section, may not contract with anyone other than the City's
franchisee for transport services.
(2)
The owner, occupant, or manager of a residential property may sell
or donate recyclable materials generated on the property to any party
of the person's choice, including collecting such materials and transporting
them to a recycling center. For the purposes of this section, "donate"
means to give without receiving any compensation or consideration
of any nature, whether monetary or otherwise.
(3)
A person holding a current and valid contractor's license issued by the State of California may, as an incidental part of a construction project, remove construction and demolition debris from property upon which the person is performing work permitted under the provisions of Chapters 7-1 and 7-5 or upon which the person is performing work for the City or other public agency. For the purposes of this section, demolition and construction debris means waste generated by construction, remodeling, or demolition of structures; it does not include putrescible waste, garbage, or liquid waste.
(4)
A landscaping or gardening contractor hired by the owner, occupant,
or manager of a property may remove such materials from the property
where that contractor is working, if the removal is an incidental
part of the gardening, landscaping, tree trimming, cleaning, maintenance,
construction, or other similar service such contractor is providing.
(5)
A person may provide recyclables collection to commercial establishments,
if the service is free and 90% of each load of recyclables is actually
recycled.
(6)
The owner or manager of a commercial or industrial establishment,
or the employee of such a person, may collect and transport solid
waste and green waste generated by the establishment to an authorized
disposal facility. Owners and managers of commercial and industrial
establishments that self-haul such materials, as provided for in this
section, may not contract with anyone other than the City's franchisee
for transport services.
(7)
The owner or manager of a commercial or industrial establishment,
or the employee of such a person, may give recyclable materials generated
by the establishment to a person described in subsection (a)(5) of
this section and may collect such materials and transport them to
a recycling center. Other than as provided for in this subsection,
owners and managers of commercial and industrial establishments that
self-haul such materials may not contract with anyone other than the
City's franchisee for transport services.
(b)
It
shall be unlawful and a violation of this Code for any person not
enumerated above to solicit or attempt to obtain from the owner, occupant,
or manager of any property in the City permission to remove solid
waste, recyclables, and green waste from such property.
(a)
Upon
placement of recyclable materials at a designated recycling collection
location for collection by the City or its franchisee or contractor,
recyclable materials shall become the property of the City's franchisee
or contractor.
(b)
It
shall be unlawful for any person other than an authorized City employee
or the City's franchisee or contractor to take, remove, or otherwise
appropriate recyclables that have been placed for recycling collection
or the container in which such recyclables have been placed. Any and
each such removal in violation hereof shall constitute a separate
and distinct violation enforceable as provided for in this Code.
(c)
Nothing
in this Article shall limit the right of an individual person, organization,
or other entity to donate, sell, or otherwise discard recyclable materials,
if the person or entity takes such action in accordance with the provisions
of this Chapter.
(a)
Except as expressly authorized by this Chapter, no person other than the City or its franchisee or contractor may place a container within the City for the collection of solid waste, recyclables, or green waste, unless the person is the owner, operator, or manager of a residential property or commercial or industrial establishment and self-hauls such material, as provided for in Sections 3-6-320(a)(1) and (6).
(b)
The
City shall notify, in writing, any person that violates this section
that the prompt and permanent removal of an unauthorized container
from the place or premises is required. The City shall deliver such
written notice by posting a copy of the notice prominently upon the
container. If the container is identified with the name and telephone
number of the enterprise servicing it, the City shall also endeavor
to contact the enterprise by telephone. Failure to notify the owner
telephonically shall not invalidate the notice. The City may impound
or cause to be impounded any such container if the enterprise servicing
it does not permanently remove it from the place or premises within
the time set forth in the notice, which time shall be not less than
24 hours after posting of the notice, nor less than six business hours
after telephonic notification, if any. For purposes of this section,
"business hours" shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday
through Saturday. Any person that violates this section shall be liable
to the City for all fines and charges levied in connection with the
collection, transportation, storage, and handling of such container
by the City. The bin, box, or container impounded by the City shall
be retrieved by the owner or his or her representative immediately
after all applicable fines and charges have been paid. The City Manager
may delegate to the City's franchisee or contractor the authority
to serve notice of a violation of this section, to impound unauthorized
containers, and to collect the fines and charges levied by the City.
(c)
Upon
posting of a written notice of violation upon an unauthorized container,
the customer using the unauthorized container shall immediately cease
placing solid waste and recyclable materials therein.
Consistent with Section 5-1-105 of this Code, the City's franchisee shall not be required to obtain an encroachment permit to place a container for solid waste, recyclables, or green waste in the public right-of-way. The City's franchisee shall, nevertheless, be required to do all of the following:
(a)
Remove
any such container from the public right-of-way at no cost to the
City when the City requires such removal;
(b)
Comply
with the City's administrative guidelines regarding the placement
and marking of all such containers; and
(c)
Indemnify,
defend, and hold harmless the City from and against any and all damages
to persons or property resulting from the placement of such containers
in the public right-of-way.
