This chapter shall be known as the "Collection and Disposal
of Refuse and Recyclable Materials Ordinance."
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The operation of gathering together garbage, rubbish and
waste material and transporting the same to the point of disposal.
Those premises upon which the primary and principal activities
are of a commercial nature and which activities and uses fall within
C-P, C-1, C-2 and C-3 Zones, as set forth in Title 6 of this code.
A receptacle constructed of metal or other materials set
forth hereinafter.
The person entering into a contract with the City for the
collection and disposal of garbage, rubbish and waste material.
The complete operation of treating and disposing of the accumulations
of rubbish, waste material and the products or residue arising from
such treatment.
Excluded materials mean those wastes and other materials
not included in definition of rubbish, garbage or waste material,
including: any object not easily moved by one man, 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 or offal or waste from any poultry yard or commercial
stable, logs, stumps or limbs from trees exceeding four inches in
diameter or three feet in length, sod and dirt or similar material.
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; and also manure which accumulates
on residential premises having horses where legally permitted. The
particular designations herein shall not be deemed to exclude the
general.
The owner or occupant of any residential dwelling.
Those premises upon which the primary and principal activities
are of an industrial nature and which activities and uses fall within
the M-1 and M-2 zones as set forth in Title 6 of this code.
Materials having an economic value in the secondary materials
market including, but specifically not limited to, aluminum and metal
cans, glass, No. 1 and No. 2 plastics, newspapers, and yard and garden
green waste.
Refuse when used herein 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.
Any property occupied or used for any purpose authorized
or permitted in all R-1 zones and RPD, R-2 and R-3 zones under the
provisions of Title 6 of this code and located within the boundaries
of the City. It shall also include any mobilehome parks, rental housing
projects, apartment house or multiple dwelling units that may be developed
within the City.
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
accumulate from the operation of a household or business.
The City Council is hereby 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,
other refuse matter, and recyclable materials within the City.
A.
Every
person occupying or having charge of or control of any place, land
or premises within the City wherein garbage, waste, refuse, trash
or recyclable materials is accumulated shall cause the same to be
disposed of in the manner set forth in this chapter.
B.
All
persons described in the preceding paragraph shall be required to
pay to the City or its designated agent or contractor a fee for the
collection of garbage, waste, refuse, trash and recyclable materials.
The fee for the collection of garbage, waste, refuse, trash and recyclable
materials shall be set by resolution of the City Council.
The City Council is hereby 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.
In the event a contract exists between the City and any contractor,
such contract, in addition to any other remedy provided within such
contract or otherwise available to the City, may be terminated as
provided herein.
A.
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 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.
B.
A public
hearing shall be held after at least 10 days’ written notice
to the contractor setting forth the charges of the City Manager or
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.
Until the further order of the City Council, the City Manager
is hereby designated and appointed as the official of the City in
charge of the immediate administration of the provisions of this chapter.
In all cases and under all circumstances not herein otherwise
provided for, the City Manager or his or her duly authorized representative
shall be and he or she 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
same is performed by contract or otherwise and as may be in the best
interests of the City. All such instructions, directions and orders,
when so made, shall be obeyed to insure the collection and removal
of refuse in a prompt, thorough and lawful manner.
It is unlawful to engage in the business of collecting, transporting,
carrying, dumping or depositing any solid waste upon any property
located within the City pursuant to this chapter without first having
obtained a franchise agreement pursuant to authorization of the City
Council. Should the City Council determine that such a franchise warrants
issuance, such franchise shall be conditional upon the compliance
with all of the requirements and regulations established with respect
to collection, removal, disposal, or dumping of any solid waste.
The operation of a nonfranchised solid waste collection operation in violation of Section 3.28.090 shall result in the impoundment of any and all trash bins, including roll-off containers and dumpsters used in such unlawful operation as provided in this section.
A.
"Roll-off container"
"Dumpster"
Definitions.
means a solid waste receptacle typically measuring 40 cubic
yards that is of the type commonly transported on a flat-bed truck
and that is detachable from the truck and/or the main cab for the
temporary parking at construction or demolition site.
means a solid waste receptacle typically measuring three
cubic yards and is of the type commonly utilized by tenants of commercial
businesses and apartment complexes.
B.
Unlawfully
Placed Trash Containers—Impoundment.
1.
In
the case of roll-off containers used in the operation of a nonfranchised
solid waste hauling business, the owner must remove all roll-off containers
placed within the City within one day of receipt of notice of violation.
Failure to remove any and all such containers within one day shall
result in the City causing said containers to be impounded at the
owner’s sole expense, which shall include all impound towing,
dump (emptying), storage and administrative processing fees.
2.
In
the case of dumpsters used in the operation of a nonfranchised solid
waste hauling business, the owner must remove any and all dumpsters
used in its unlawful business in the City within 30 days of receipt
of the notice of violation. The failure to remove all such dumpsters
within said time shall result in the City causing the dumpsters to
be impounded at the owner’s sole expense, which shall include
all impound towing, dump (emptying), storage and administrative processing
fees.
3.
For
12 months following receipt of the notice of violation by a nonfranchised
solid waste hauling operation, without any additional prior notice,
the City shall cause the impoundment of any and all roll-off containers
and dumpsters, determined to be used by the same owner, irrespective
of the name under which the unlawful business is operated and regardless
of the location of such containers.
C.
Notice
of Violation.
1.
Upon
discovery of a roll-off container and/or dumpster determined to be
used in the operation of a nonfranchised solid waste hauling business
within the City, the City shall immediately identify the owner of
the nonfranchised business and shall serve upon the owner a written
notice of violation by first class U.S. certified mail return receipt
requested. The notice shall be accompanied by a photograph of the
roll-off container and/or dumpster as discovered by the City indicating
the address where the roll-off container and/or dumpster were discovered.
2.
The
notice of violation shall include the following:
a.
That it is unlawful to operate a solid waste hauling business in the City without obtaining a City-approved franchise pursuant to Section 3.28.090.
b.
That, in the case of the issuance of a notice of violation to the owner of a dumpster for the violation of Section 3.28.090, any and all other dumpsters used in the unlawful solid waste hauling business by the owner located in the City must be removed within 30 days from the date of the notice of violation. Failure to remove all such dumpsters within said period shall result in the City causing them to be impounded at the owner’s expense.
c.
That, in the case of all subsequent violations of Section 3.28.090 involving a dumpster within a 12-month period of the expiration of the 30-day period set forth in paragraph (C)(2)(b) of this section, the dumpster(s) shall be immediately impounded upon discovery by the City at the owner’s expense prior to any subsequent notice being issued.
d.
That, in the case of the issuance of a notice of violation to the owner of a roll-off container for the violation of Section 3.28.090, any and all other roll-off containers used in the unlawful solid waste hauling business by the owner located in the City must be removed within one day from the date of the notice of violation. Failure to remove all such roll-off containers within said period shall result in the City causing them to be impounded at the owner’s expense.
e.
That, in the case of all subsequent violations of Section 3.28.090 involving a roll-off container within a 12-month period of the expiration of the one-day period set forth in paragraph (C)(2)(d) of this section, the roll-off container shall be immediately impounded upon discovery by the City at the owner’s expense prior to any subsequent notice being issued.
f.
That roll-off containers and dumpsters not reclaimed within 10 business days from impoundment and whose impoundment are not contested pursuant to subsection (F)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.
h.
A copy of this ordinance in its entirety.
D.
Notice of Impoundment. Upon discovery of a roll-off container and/or dumpster that has not been removed subsequent to the issuance of a notice of violation within the time period required pursuant to subsection (C)(1) of this section, or in the case where a roll-off container and/or dumpster is found to belong to a nonfranchised waste-hauling operator who was previously issued a notice of violation within the preceding 12-month period, the City shall cause said roll-off container and/or dumpster to be immediately impounded at the owner’s expense. The City shall serve upon the owner a written notice of impoundment by first class U.S. certified mail return receipt requested. The notice of impoundment shall be accompanied by a photograph of the roll-off container and/or dumpster as discovered by the City indicating the address where the roll-off container and/or dumpster were discovered. The Notice of Impoundment shall include the following:
1.
That, pursuant to the notice of violation issued to the owner on _________, the owner was found to be in violation of Walnut City Code Section 3.28.090 and was required to remove the subject roll-off container or dumpster within the time period set forth in the notice of violation.
2.
That
the failure of the owner to remove the roll-off container or dumpster
in the requisite time period set forth in the notice of violation
would result in the City causing said roll-off container or dumpster
to be impounded at the owner’s expense.
3.
That the notice of violation issued on ________ informed the owner that all subsequent violations of Section 3.28.090 occurring within a 12-month period from the expiration of the time period allotted for its removal in the notice of violation would result in its immediate impoundment upon discovery by the City at the owner’s expense prior to any subsequent notice being issued.
4.
That,
due to the owner’s failure to remove the roll-off container
or dumpster in the requisite time period set forth in the notice of
violation the City caused said roll-off container or dumpster to be
immediately impounded at the owner’s expense.
5.
That due to the owner having violated Section 3.28.090 within a 12-month period from the date of expiration of the time period allotted for the removal of the roll-off container or dumpster described in the notice of violation, the City caused the roll-off container or dumpster identified in the enclosed photograph to be immediately impounded at the owner’s expense.
6.
That
upon presenting a treasurer’s receipt issued by the City showing
payment in full of the all impound and storage fees, the owner may
reclaim the impounded roll-off container and/or dumpster from the
storage location.
7.
That
any and all fees for any impounded roll-off container or dumpster
must be paid within 10 business days from the date the notice of impoundment
was received.
8.
That
if the impounded roll-off container or dumpster is not reclaimed within
24 hours from the payment of the fees, additional storage costs will
accrue and must be paid prior to reclaiming the container or dumpster.
9.
That the owner may make a request for a hearing as set forth in subsection (F)(1) of this section within 10 business days of the date of the notice of violation to contest the impoundment.
10.
A copy of this ordinance in its entirety.
E.
Service of Notice of Violation Upon Unidentified Owners of Roll-Off Containers and Dumpsters. The designated enforcement employee shall conduct a diligent investigation to identify the owner of any and all unmarked roll-off containers and dumpsters of nonfranchised waste hauling operations within the City for the purpose of promptly serving the owner through U.S. mail with a notice of violation. When, through diligent efforts the identity of the owner of an unmarked roll-off container or dumpster cannot be determined, the enforcement employee shall serve the notice of violation by leaving it firmly affixed to the roll-off container or dumpster. The enforcement employee shall take a photograph that shows the notice affixed to the roll-off container or dumpster. The owner shall be deemed to have been served at the time the notice is affixed to the roll-off container or dumpster. Any unmarked roll-off container or dumpster impounded pursuant to this section that is not claimed within 10 business days of impoundment and for which impoundment is not contested pursuant to subsection (F)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.
F.
Administrative
Hearing.
1.
Request
for Hearing. Any responsible party to whom a notice of violation or
notice of impoundment has been issued may contest that there was a
violation of this chapter or that he/she is the responsible party
by filing a written request with the City Manager for a hearing within
10 business days from the date of notice. Within 30 calendar days
from the date of the request, the City Manager shall set a date for
a hearing.
2.
Notification
of Hearing. At least 10 business days prior to the date of the hearing,
the City shall, by U.S. certified mail, return receipt requested,
or personal service, give notice to the responsible party of the time,
date and location of the hearing. The City shall also provide the
responsible party in advance with any materials provided to the hearing
officer.
3.
Hearing
Officer. Appointment and responsibilities of the hearing officer shall
be in accordance with the following:
a.
The City Manager shall appoint a person who shall preside at the
hearing and hear all facts and testimony presented and deemed appropriate
(referred to as the "hearing officer").
b.
Any person designated to serve as a hearing officer is subject to
disqualification for bias, prejudice, interest, or for any other reason
for which a judge may be disqualified pursuant to Code of Civil Procedure
Section 170.1. The responsible party may challenge the hearing officer’s
impartiality by filing a statement with the City Manager objecting
to the hearing before the hearing officer and setting forth the grounds
for disqualification. The question of disqualification shall be heard
and determined in writing by the enforcement employee within 30 days
following the date on which the disqualification statement is filed.
4.
Hearing
Procedures. Administrative hearing procedures are as follows:
a.
The administrative hearing is intended to be informal in nature.
Formal rules of the Evidence Code and discovery shall not apply, except
that irrelevant and unduly repetitious evidence may be excluded at
the hearing officer’s discretion.
b.
Each party shall have the opportunity to offer testimony and evidence
and cross examine witnesses in support of his or her case.
G.
Administrative
Order. The administrative order shall be issued in accordance with
the following:
1.
Within
10 business days of the conclusion of the hearing, the hearing officer
shall provide the responsible party with his or her decision in writing
(referred to as "administrative order"). The hearing officer shall
provide the responsible party with the order by personal service or
by certified mail, return receipt requested, to the responsible party’s
last known business address.
2.
The administrative order shall contain the hearing officer’s reasons for the decision and the procedure described in subsection I of this section for seeking judicial review.
3.
A
decision in favor of the responsible party shall constitute a dismissal
of the municipal ordinance violation. The City shall promptly return
any impound fees paid by the responsible party and any bin or dumpster
that was determined to be unlawfully impounded.
H.
Failure
to Attend Administrative Hearing. The effects of failing to attend
the hearing are as follows:
1.
Waiver
of Right to Hearing. The responsible party’s failure to appear
at a hearing shall constitute a waiver of the right to a hearing,
a forfeiture of the impound fees, and a failure to exhaust administrative
remedies.
2.
Good
Cause. Upon a showing of good cause by the responsible party, the
hearing officer may excuse the responsible party’s failure to
appear at the hearing and reschedule the hearing. Under no circumstances
shall the hearing be rescheduled more than one time.
I.
Judicial
Review. If an administrative order is rendered in favor of the City,
pursuant to this section, the responsible party may seek judicial
review of the administrative order by doing one of the following:
1.
Appeal
the administrative order pursuant to Government Code Section 53069.4
within 20 calendar days after service of the administrative order.
Pursuant to Government Code Section 53069.4, the appealing party shall
serve a copy of the appeal notice in person or by first class mail
upon the City. Appeal notices shall be sent to the City Clerk. If
no appeal notice is filed within the 20-calendar-day period, the decision
shall be deemed confirmed and final; or
2.
File
a petition for a writ of mandate pursuant to Code of Civil Procedure
Sections 1094.5 through 1094.8 within 90 calendar days after service
of the administrative order.
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 said exclusive
agreement. No person other than those above specified shall gather,
collect or remove any refuse, convey or transport any refuse in, along
or over any public street, alley or highway, take any refuse from
any receptacle in which the same may be placed for collection or removal,
interfere with or disturb any such receptacle or remove any such receptacle
from any location where the same is placed by the owner thereof. Permit
requirements as set forth above shall apply to all haulers, this section
notwithstanding.
The provisions of this chapter 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.
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 holds a valid, unrevoked permit for the City as set forth in this chapter. In the event of an exclusive agreement as set forth in Section 3.28.110, the contractor in such agreement shall have the exclusive right to such services.
A.
Householders
hauling occasional loads of waste, refuse or manure from their own
premises to a legal point of disposal shall be excepted from the provisions
of this chapter.
B.
This
chapter 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 part of gardening or horticulture.
The provisions of this chapter shall not prohibit the lawful
accumulation and placement of garbage and rubbish in the first instance.
A.
Application for Permit. Any person 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 City Clerk, which application shall set forth the name and address of the applicant and such other information as may be required by the City Clerk. The City Council shall consider the application in the manner set forth in Chapter 4.12 of this code.
B.
Duration
of Permit. No permit granted pursuant to this chapter shall be issued
for a longer period than one year.
C.
Transferability
of Permit. 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.
The rate, hours of collection and schedules of collection of
rubbish, garbage, and recyclable materials shall be those which the
City Council may determine and establish from time to time by resolution.
In the event of exclusive franchise agreements, the hours and schedules
of collection may be set forth in such agreements.
A.
Design and Operation Generally. It is 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 of subsections B through G of this section.
B.
Age
and Construction. Such trucks shall not be more than five years old,
shall be constructed of metal and shall be watertight. Trucks for
the collection of recyclable materials shall be specially designed
for that purpose. Those operators holding a valid permit at the effective
date of this chapter shall have two years from such date to comply
with this requirement.
C.
Truck
Covering. The body of each truck shall have a metal cover over at
least 50% of the area at all times, and over the remaining 50% there
shall be carried an airtight watertight 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.
D.
Maintenance
and Painting. Such truck shall 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.
E.
Truck
Lettering. Such truck 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.
F.
Truck
Cleaning and Storage. 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 be housed in clean sanitary buildings at all times when not
in use in collection of garbage and refuse. Under no conditions shall
the trucks be stored on public streets.
G.
Manner
and Time of Operation. 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 6:00
p.m. and 6:00 a.m.
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:
A.
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. 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. 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.
B.
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.
C.
The
occupants shall place such containers near the curb in front of such
properties no sooner than 4:00 p.m. on the day preceding the pick
up day and shall be removed no later than 6:00 a.m. on the day after
trash pick up. Trash receptacles may not be kept or stored in the
yard area extending from the lot line adjacent to the street to a
line parallel to the front of the main structure. Where otherwise
visible from any public right-of-way, trash containers shall be stored
or kept behind a minimum five foot high fence/gate at times other
than trash pickup times. Said gate/fence may be an open work fence/gate.
D.
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
or in the rear of any other premises.
(Ord. 21-04, § 2)
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 services
a valid, unexpired bond or bonds, approved by the City Attorney, in
cash or corporate surety, in favor of the City as follows:
A.
In the
amount of $10,000.00 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 contractor’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 and shall not extend
to the right of recovery against the sureties by third persons. Such
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. The bond may contain a provision giving the sureties
the option to cancel the bond upon first giving notice in writing
not less than 30 days before the effective date of the cancellation
to the City Clerk; provided, 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.
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 three million
dollars for death or injury to and any one person arising out of any
one accident, and five million dollars for injury to or death of more
than one person arising out of any one accident, and $500,000.00 for
property damage arising out of any one accident. Such policy shall
be in a form and with a company approved by the City.
A.
Disposal
Required—Prohibited Conditions—Nuisance Declared. 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 deposited 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
herein. 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 15 days.
|
Pursuant to the provisions of Sections 38771, 38773 and 38773.5
of the Government Code of the State of California, the City Council
does hereby find and declare 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 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. 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 this code and by law.
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B.
Notice—Abatement
by City. 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 such nuisance and requiring such person within five days
to abate or cause such nuisance to be abated in the manner provided
by law. If such person shall fail to abate such nuisance within such
five-day period, the Director of Public Works is hereby authorized
and directed to cause such 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 such nuisance.
C.
Costs.
The Director of Public Works shall keep an itemized account of the
expense or cost of abatement and upon completion of such abatement
or, where a series of abatements, within 60 days of the commencement
of such 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 such report, with a copy of notice of hearing before
the City Council, to be served in the manner required by law for service
of summons or to be mailed by first class mail, postage prepaid, not
less than 10 days prior to the hearing on every person whose address
can be ascertained and who is:
1.
Shown
by the public record to be an owner of such premises upon which or
adjacent to which such nuisance was abated.
2.
Shown
by the public record to be the holder of any mortgage, deed of trust
or other lien or encumbrance thereon.
3.
Shown
by the public record to have any interest or right or possession thereto
by virtue of any lease.
4.
The
possessor of or in apparent or real charge or in control of such land
or premises.
D.
Hearing—Confirmation.
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 such report as
submitted or as corrected or modified.
E.
Lien.
The cost of such work and the expense of abatement of said 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 of the State of California. 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
there on, at the rate of six percent per annum computed from the date
of confirmation, has been paid or until it is discharged otherwise.
In the event of nonpayment, the City Clerk shall at any time within
60 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, to wit:
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NOTICE OF LIEN
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Pursuant to the authority vested in the undersigned by Section 3.28.220(B), of the Walnut Municipal Code, and Sections 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 Walnut and the City Council of the City of Walnut did on the ______________ day of ______________, 2___, 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 six percent per annum from the said 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).
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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 Walnut, County of Los Angeles, State of California,
and more particularly described as follows:
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Dated this ______________ day of ______________. 20___.
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CITY OF WALNUT
By ______________________
CITY CLERK
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F.
Special
Assessment.
1.
The
cost of such abatement shall constitute a special assessment against
such parcel which may be collected at the same time and in the same
manner as ordinary municipal taxes are collected in accordance with
the subject to the terms and provisions of Section 38773.5 of the
Government Code of the State of California. Confirmation of the statement
or report of the Director of Public Works shall be confirmation of
the assessment and shall be a lien on the property or parcel where
such abatement was performed. Failure to record a notice of lien under
the aforementioned section shall not bar collection hereunder or otherwise.
2.
After
confirmation of such report, the Director of Public Works, in lieu
of recording such notice of lien, or in a proper case in addition
to recording such notice of lien, shall deliver certified copy of
such notice of lien or report or both to the County Auditor on or
before August 10. 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 of California.
3.
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.
