A.
The storage, accumulation, collection and disposal of solid waste (including garbage, trash, rubbish, debris, recyclable materials, and other discarded matter, goods, and materials) is a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation, and other conditions affecting the health, welfare, and safety of the residents of this and surrounding cities. The periodic collection of solid waste from all residences and places of business in the City benefits all occupants of residences and businesses within the City. Therefore, the collection of source separated gray container waste, source separated recyclable materials, and source separated green container organic waste (as defined in Section 11.20.020 of this chapter) in the City shall be a mandatory service. All occupants, and legal owners, as hereinafter defined are made liable for the payment of fees for the mandatory service as may be from time to time approved by the City Council. The regulations provided in this chapter are designated to eliminate such problems.
B.
The
City Council shall have the authority to make other reasonable rules
and regulations concerning individual collection, transfer, processing,
disposal, and hauling of solid waste over City streets by private
persons, or relating to the operation of a transfer station or processing
facility.
(Ord. 88-24; Ord. 96-17; Ord. 2021-16)
Whenever the following defined words and phrases are used in
this chapter, they shall have the definition or meaning established
by this section, unless it is clearly apparent from the context in
which the word or phrase appears that a different definition or meaning
is intended.
means a level of service(s) that the City has deemed to meet
the following goals: (1) maintain public health and safety; (2) prevent
excessive material accumulation, container overflow, spillage, and
storage of materials outside of approved containers; and (3) ensure
sufficient container capacity for properly source separated gray container
waste, source separated recyclable materials, and source separated
green container organic waste.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials.
means post-consumer waste paper grade corrugated cardboard
(#11), kraft (brown) paper bags or solid fiber boxes which have served
their packaging purpose and are discarded and can later be reclaimed
for collection and recovery for recycling.
means the City of Encinitas.
means any employee or agent of the City designated by the
City Manager or City Council as being responsible for administering,
directing, supervising, collecting and providing for the collection,
transfer, processing, and/or disposal of solid waste.
means the City Manager of the City of Encinitas.
means the organized picking up of solid waste by an authorized
City franchisee.
means a firm, partnership, proprietorship, joint-stock, company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling.
A residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4), or as otherwise defined
by 14 CCR Section 18982(a)(8).
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, or which are separated at a centralized
facility. Compost has the same meaning as in 14 CCR Section 17896.2(a)(4)
if otherwise defined in that section.
means any rubble or other materials resulting from dredging, grubbing, construction, remodeling, repair or demolition activities on housing, commercial or governmental buildings and any other structure and pavement or as otherwise defined in Section 11.22.020 of this Code.
means the City Council of the City of Encinitas.
means the collection of recyclables from the residential
waste stream from curb or alleyway.
means any solid waste collector or recycling agent authorized
by the City Council of the City of Encinitas, pursuant to the procedures
established by this chapter.
has the same meaning as in 14 CCR Section 18982(a)(28). Gray
containers shall be used for the storage and collection of gray container
waste.
means solid waste that is collected in a gray container as
part of a three-container organic waste collection service. Gray container
waste has the same meaning as in 14 CCR Section 17402(a)(6.5) if otherwise
defined in that section. Pursuant to 14 CCR Sections 18984.1(a) and
(b), gray container waste does not include organic waste.
has the same meaning as in 14 CCR Section 18982(a)(29). Green
containers shall be used for the storage and collection of source
separated green container organic waste.
means any unused or leftover portion of products containing
toxic chemicals. Any product used for maintaining a private residence
which is labeled caution, warning, danger, poison, toxic, flammable,
or corrosive.
means recoverable aluminum, tin, and bi-metal materials such
as used beverage containers, siding, and other recyclable manufactured
metal items.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process.
Non-compostable paper has the same meaning as in 14 CCR Section 18982(a)(41)
if otherwise defined in that section.
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass. Non-organic recyclables has the same meaning as in 14 CCR Section
18982(a)(43) if otherwise defined in that section.
means and includes every owner of, and every tenant or person
who is in possession of, that is the inhabitant of, or has the care
and control of, an inhabited residence or place of business.
means solid waste containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges. Biosolids and digestate
have the same meaning as in 14 CCR Section 18982(a). Organic waste
has the same meaning as in 14 CCR Section 18982(a)(46) if otherwise
defined in that section.
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling. Paper products has the same meaning as
in 14 CCR Section 18982(a)(51) if otherwise defined in that section.
as used in this chapter means any individual, firm, corporation,
association, or group or combination acting as a unit.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white woven
envelopes, manila envelopes, book paper, note pads, writing tablets,
newsprint, and other uncoated writing papers, posters, index cards,
calendars, brochures, reports, magazines, and publications. Printing
and writing papers has the same meaning as in 14 CCR Section 18982(a)(54)
if otherwise defined in that section.
means paper, glass, cardboard, newspaper, plastic, used motor
oil, ferrous metal, aluminum, organic waste, tin and bi-metal cans,
white goods (kitchen or other large appliances), or other materials
which may be recycled for use in an altered form that has been source
separated from other solid waste.
has the same meaning as established by Public Resources Code
Section 40180.
means each place used for residential dwelling purposes for
a single-family. A structure may have one or more residential dwelling
units, provided that structures containing more than four individual
dwelling units are considered commercial for purposes of this chapter.
No place used primarily for business purposes shall be considered
as a residential dwelling unit.
means all putrescible and nonputrescible solid, semi-solid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semi-solid
wastes, and other discarded solid and semi-solid wastes. Solid waste
includes recyclable materials. Solid waste does not include any of
the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
|
Solid waste has the same meaning as in State Public Resources
Code Section 40191 if otherwise defined in that section.
|
means and refers to materials, including commingled recyclable
materials, that have been separated or kept separate from the solid
waste stream, at the point of generation, for the purpose of additional
sorting or processing those materials for recycling or reuse in order
to return them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace. Source separated
has the same meaning as in 14 CCR Section 17402.5(b)(4) if otherwise
defined in that section.
means source separated organic wastes, as specified by City
or designee, that can be placed in a blue container that is limited
to the collection of those organic wastes and non-organic recyclables.
means source separated organic waste, as specified by City
or designee, that can be placed in a green container that is limited
to the collection of organic waste by the generator. Source separated
green container organic waste does not include source separated recyclable
materials, carpets, non-compostable paper, hazardous wood waste, and
textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the public streets, ways, alleys, and places, except
state freeways, as the same now or may hereafter exist within the
City.
means the City's designated site where collected solid waste
may be transferred to vehicles which will haul the solid waste to
a processing or disposal site.
means any truck, trailer, semi-trailer, conveyance, or vehicle
used or intended to be used for the purpose of collecting solid waste
or to haul or transport solid waste.
means leaves, grass, weeds and wood materials from trees
and shrubs.
(Ord. 88-24; Ord. 96-17; Ord. 2021-16)
A.
The
disposal and collection of solid waste are services subject to the
provisions of this chapter.
B.
No
person shall collect, remove, or dispose of any solid waste within
the City, nor transport Solid Waste over any public street or rights-of-way,
unless a franchise to do so has first been obtained from the City
and such person complies with the provisions of this chapter.
C.
It
is unlawful for any person to permit, allow or enter into any agreement
whatsoever, for the collection or transportation of solid waste with
any person who is not a franchisee as defined in this chapter, except
as permitted in this chapter.
D.
It
is unlawful for any person to burn, bury, or dump solid waste within
the City at any time, unless a special permit for such burning, burial
or dumping has been issued by the City.
E.
It
is unlawful for any person to store or accumulate any solid waste,
in any container or at any location for a period of time in excess
of one week. Furthermore, it is unlawful for any person to store or
accumulate source separated green container organic waste at locations
within commercial and industrial zones for a period of time in excess
of 48 hours (Sundays and holidays excepted). Such periods of time
which end in any week in which a holiday occurs are extended one additional
day.
F.
Other
than as herein set forth, it is unlawful for any person to dump, bury,
or otherwise dis-pose of, or store or accumulate, any solid waste
on any private or public property within the City, provided, however,
that leaves, grass clippings, and other organic wastes may be permitted
for the purpose of community composting under such circumstances and
conditions as established by the City Manager.
G.
Nothing
in this chapter shall be construed to prohibit the use of garbage
disposal devices authorized by the Uniform Plumbing Code, or to prohibit
occupants of property from periodically transporting and disposing
of solid waste generated from the occupant's property to an authorized
landfill or recycling drop-off site.
H.
Each
day's violation shall be treated and considered as a separate and
distinct offense.
(Ord. 88-24; Ord. 96-17; Ord. 2021-16)
A.
Collection,
removal, and disposal of household hazardous waste are not subject
to the franchise provisions of this chapter.
B.
The
following types of collection or transportation of solid waste is
exempted from the requirements of this chapter:
1.
Yard
waste removed from a premises by a gardening, landscaping, or tree
trimming contractor as an incidental part of a total service offered
by that contractor rather than as a transportation service and tree
trimmings, clippings, and all similar materials generated at parks,
and other City-maintained premises, which may be collected and transported
by the City to the processing or disposal site.
2.
Construction
and demolition waste removed from a premises by a licensed demolition
contractor as an incidental part of a total service offered by that
contractor rather than as a transportation service.
3.
By
products of sewage treatment, including sludge, grit, and screenings.
4.
The
collection of household hazardous waste or otherwise dangerous materials
as part of regular services, to include, without limitation, liquid
and dry caustics, acids, biohazardous, flammable, explosive materials,
insecticides, and similar substances.
5.
The
collection of infectious medical waste (as defined in California Health
and Safety Code Section 25117.5)
(Ord. 88-24; Ord. 96-17; Ord. 2021-16)
In emergencies where, in the judgment of the City Manager, the
particular situation justifies such action, the City Manager may issue
limited or temporary franchises to private persons or corporations
to perform any of the services covered by this chapter, subject to
such reasonable fees, charges, and conditions as the circumstances
may warrant and as the parties involved may agree upon; provided,
that such fees and charges received from, or paid to, any private
persons or corporations under this section for any period exceeding
15 days' duration shall be approved by the City Council.
(Ord. 88-24; Ord. 2021-16)
A.
City
shall provide for the collection of solid waste within the City by
the granting of one or more franchises. The City may grant an exclusive
franchise for solid waste collection services.
B.
From
time to time, the City Council may issue a request for proposal to
provide solid waste collection services within the City.
C.
When
proposals are requested by the City Council, the City Manager shall
investigate the information contained in each proposal and prepare
a report to the City Council.
D.
After
the completion of the investigation, the City Manager shall schedule
the matter for a public hearing before the City Council. Notice of
the hearing shall be given to each proposer and shall be published
in a newspaper of general circulation at least 15 days prior to the
date of the hearing.
E.
The
City Council shall not be required to issue a franchise based upon
the offer of a lower or the lowest rate, but shall be free to issue
a franchise to the person(s) deemed best suited to comply with the
terms of this chapter and such other terms and conditions imposed
by the City Council.
F.
When
considering whether to issue a franchise, the City Council may take
into consideration the service performance of the existing operator
or operators, and may give preference to existing operators.
G.
From
time to time, the City Council may amend the franchise agreement to
conform to current conditions, technologies and regulations.
(Ord. 88-24; Ord. 96-17; Ord. 2006-02; 2021-16)
The terms and conditions of an issued franchise shall contain,
without limitations, the following terms which are no less stringent
than the following:
A.
The
City Council may require the franchisee to pay an annual franchise
fee in an amount established by the City Council. The annual fee shall
reflect the City's cost of administering this chapter, and may include
recovery of the City's costs of performing litter abatement programs,
implementation of AB 939 and SB 1383 objectives, and other solid waste
management programs.
B.
No
assignment or transfer of a franchise or any right occurring under
such franchise, shall be made in whole or in part by the franchisee
without first obtaining the express, written consent of the City Council.
C.
The
City Council may require the franchisee to post with the City Clerk,
security in a form and amount satisfactory to the City Council to
secure the full and faithful performance by the collector of obligations
under the applicable provisions of this chapter. The security shall
be kept in full force and effect by the collector throughout the life
of the franchise and all renewals thereof.
D.
Franchisee
shall agree to appear and defend all actions against the City arising
out of the exercise of the franchise, and shall indemnify and save
the City, its officers, employees, and agents harmless of and from
all claims, demands, actions or causes of action, of every kind and
description resulting directly or indirectly, arising out of, or in
any way connected with the exercise of the franchise, including, but
not limited to, any act or omission of any officer, employee, or agent
of franchisee; but excluding any claim alleged to have arisen solely
out of the conduct of the City.
E.
The
City Council may require the Franchisee to obtain and keep in force
during the term of the franchise, public liability and bodily injury
insurance in an amount set by the City Council; and worker's compensation
insurance covering all employees of the franchisee. Copies of such
policies, or certificates evidencing such policies, shall be filed
with the City Manager. The City may be named an additional insured
on all policies. The policy may contain a provision requiring a 90-day
notice to be given to the City prior to cancellation, modification,
or reduction of limits. The amounts of public liability insurance
for bodily injury and property damage shall be subject to review and
adjustment by the City Council.
F.
Infectious
medical waste (as defined in California Health and Safety Code Section
25117.5) shall not be collected by the franchisee.
G.
Franchisee
shall not be required to collect hazardous or dangerous materials
as part of regular collection activity.
H.
Franchisee
shall comply with all applicable local and state laws and regulations,
and shall obtain and keep in force all required permits and licenses.
I.
Franchisee
shall provide full time residential and commercial collection and
recycling services over established routes, and may also provide other
solid waste collection services such as the provision of temporary
dump boxes, roll off bins, and temporary containers.
J.
Franchisee
providing residential, commercial, or industrial organic waste collection
services to generators within the City's boundaries shall meet the
following requirements and standards as a condition of approval of
a contract, agreement, or other authorization with the City to collect
organic waste:
K.
Franchisee's authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, and as specified in Chapter 11.23 of this Code, entered into with the City.
L.
Owners
of facilities, operations, and activities that recover organic waste,
including, but not limited to, composting facilities, in-vessel digestion
facilities, and publicly-owned treatment works shall, upon City request,
provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the City shall respond within
60 days.
M.
Community
Composting operators, upon City request, shall provide information
to the City to support organic waste capacity planning, including,
but not limited to, an estimate of the amount of organic waste anticipated
to be handled at the community composting operation. Entities contacted
by the City shall respond within 60 days.
N.
The
City Council may impose such other terms and conditions on the franchise
as the City Council may deem necessary or proper to accomplish the
purposes of this chapter and shall reserve the right in each franchise
to, from time to time, amend the franchise and this chapter; which
amendments shall be binding upon any franchisee.
(Ord. 88-24; Ord. 2017-07; Ord. 2021-16)
A.
A franchise
may be revoked:
1.
At
the option of the City Council, in the event there is a change of
ownership of any kind or nature of the operating company, unless approval
therefor has been previously obtained in writing from the City Council;
or
2.
If
it is determined by the City Manager that the franchisee has not complied
with the provisions of this chapter and all other applicable statutes,
ordinances, rules and regulations, and contractual obligations, the
City Manager shall notify the franchisee in writing of noncompliance
and shall order compliance.
B.
In
the event that any franchisee shall fail or refuse to conform to the
conditions of the franchise or this chapter, the City Council, at
its option and after a hearing called upon 10 days' written notice
to the franchisee, may revoke such franchise.
(Ord. 88-24; Ord. 2021-16)
A.
Customers
shall place all solid waste within franchisee-provided automated solid
waste container(s). Automated solid waste containers shall remain
the property of the franchisee.
B.
It
shall be the duty of institutions producing infectious medical waste
(as defined in California Health and Safety Code Section 25117.5)
and similar substances to insure that such material is not deposited
in collection containers, but is handled, stored and disposed of only
in the manner approved by the County Health Officer or designated
deputy, and in accordance with the California Health and Safety Code.
C.
It
shall be the duty of the occupants of residential, commercial, and
industrial occupancies to insure that liquid and dry caustics, acids,
biohazardous, flammable, explosive materials, insecticides, and similar
substances are not deposited in collection containers, but are handled
under separate agreement between the franchisee and customer, and
in accordance with the provisions of the California Health and Safety
Code.
D.
Except
as otherwise expressly provided herein, all containers or receptacles
used for the reception, removal, and disposal of solid waste should
be water tight, constructed of a material of suitable strength and
durability, shall be tight seamed and provided with handles and a
tight fitting lid or cover, which lid shall be and remain affixed
to the container at such time as the solid waste is placed within
the container.
E.
No
person shall fill any solid waste container above the top of the container
to such extent as to permit the contents of any container to be blown
or otherwise strewn about.
F.
Clean
cardboard containers shall not be used as containers for the collection
and/or disposal of solid waste.
G.
In
commercial and business zones, gray and blue containers shall be metal-lined,
leakproof, constructed of noncombustible materials, provided with
an impervious lid, and approved by the fire department or its representative
as providing adequate protection against fire hazard. However, recyclable
glass may be placed in plastic containers. Additionally, green containers
shall be leakproof, constructed of noncombustible materials, provided
with an impervious lid, and approved by the Fire Department or its
representative as providing adequate protection against fire hazard.
H.
It
shall be the duty of occupants of residential property to set out
or place containers or receptacles for collection and removal of solid
waste as follows:
Automated solid waste containers shall be placed at the curb
in front of the premises occupied by the person for collection by
the franchisee on the day specified by the franchisee for collection
of the solid waste, provided that the franchisee may designate some
other location for the placement of containers and receptacles to
expedite collection. When no curb exists, place the containers as
close to the roadway edge as possible without creating safety hazards
for vehicle traffic or pedestrians. Containers shall not be placed
in front of mail receptacles or on sidewalks unless directed to do
so by the franchisee.
I.
Property
owners shall provide all tenants with convenient access to recycling
services for organic waste and source separated recyclable materials.
This applies to both residential and commercial tenants.
J.
The
City Manager may temporarily allow a franchisee to place a commercial
solid waste collection container in that portion of a roadway reserved
for the parking of vehicles, provided, that the franchisee shall first
agree to defend and indemnify the City for any damage, liability or
claim in any manner caused by the existence of the container at the
allowed location and provided, further, that the franchisee shall
agree to comply with any conditions deemed necessary by the City Manager
to protect the public health, safety, or welfare.
K.
No
person shall place, or cause to be placed, at a location designated
for collection that is within public view, any solid waste or solid
waste container at any time other than the days established by the
City for the collection of such solid waste on the particular route
involved; not earlier than sunset of the day preceding the day designated
for collection.
L.
All
solid waste containers shall be removed from the location designated
for collection prior to midnight of the day the containers and receptacles
have been emptied.
M.
Each
owner, occupant, or lessee of a house or building used for residential,
business or commercial purposes, shall maintain supervision and surveillance
over the solid waste containers on the premises, and shall maintain
the same in a sanitary condition. If the containers should not be
emptied and the contents removed on the date and time scheduled by
the franchisee, customer shall immediately notify the franchisee and
it shall be the duty of the franchisee to forthwith arrange for the
collection and disposal of the solid waste, organic waste, and/or
collection of source separated recyclable materials. However, should
the owner or occupant fail to place the materials at the designated
location in time for regular collection, the franchisee is not obligated
to make a special, separate collection for the convenience of the
occupant and may require payment of an additional fee for such late
collection.
N.
Junk,
salvage, and other solid waste which exceeds the limitations hereinabove
set out may, in the discretion of the franchisee, be scheduled for
special collection upon the application of the occupant of the premises.
Special collection charges may be assessed by the franchisee for this
service.
O.
No
person, other than the owner thereof, owner's agents or employees,
or an officer or employee of this City, or any person holding a franchise
with this City for the collection or disposal of solid waste, franchisee's
agents or employees authorized for such purposes, shall tamper or
meddle with any solid waste container or the contents thereof, or
remove the contents of any solid waste container or remove any solid
waste container, from the location where the same shall have been
placed by the owner thereof or owner's agent.
P.
Unless
otherwise expressly authorized in this chapter, all solid waste created,
produced, or accumulated in or about a dwelling house or place of
human habitation in the City shall be mandatorily removed from the
premises at least once each week:
1.
All
garbage created, produced or accumulated at commercial businesses
where solid waste containing garbage and organic waste is accumulated
shall be mandatorily removed from the premises at least once a week.
The San Diego County Health Department may require a greater number
of collections per week.
2.
It
is unlawful for the occupant of any premises described in this section,
to fail or neglect to provide for the removal of solid waste.
Q.
No
persons shall cast, place, sweep, or deposit anywhere within the City
boundaries, any solid waste, or other refuse in such manner that it
may be carried or deposited by wind or rain on any streets, sidewalk,
alley, sewer, storm drain, parkway, or other public place, or into
any occupied premises within the City.
(Ord. 88-24; Ord. 96-17; Ord. 2006-02; Ord. 2021-16)
A.
For
commercial businesses and multi-family residential dwellings, separate
properties may share collection services provided that all the following
are met:
1.
A
property owner, property manager, or a property owners' association
agrees to subscribe to the collection service(s) on behalf of all
of the properties sharing the service and to pay the corresponding
service charges;
2.
The
party subscribing to the collection service(s) agrees to take responsibility
for all aspects of the service, including corrective actions if a
shared collection container is determined to be a "contaminated container,"
as defined in Chapter 11.23.020 of this Code;
3.
The
franchisee is informed of and approves which properties are sharing
which collection service(s);
4.
The
properties sharing the collection service(s) are contiguous, and solid
waste materials do not have to be moved on or across a public street
from the point of generation to a collection container; and
5.
Collection
containers are reasonably convenient and accessible to all occupants
and tenants sharing the collection service(s).
B.
For
organic waste and recyclable materials services, two or more adjacent
properties may share organic and recyclable materials collection containers
while individually subscribing to and paying for solid waste collection
service provided that:
(Ord. 2021-16)
A.
The
removal of wearing apparel, bedding, solid waste, or waste materials
from homes, hospitals, or other places where highly infectious or
contagious diseases have prevailed, shall be performed under the supervision
and direction of the County Health Officer and such materials shall
neither be placed in containers nor receptacles nor left for regular
collection and disposal.
B.
Highly
inflammable or explosive or radioactive waste shall not be placed
in containers or receptacles for regular collection and disposal,
but shall be removed under the supervision of the City Fire Department
at the expense of the owner or possessor of the material.
C.
Solid
waste containing water or other liquids shall be drained before being
placed in a container or receptacle.
D.
No
battery acid, poisonous, caustic or toxic material, or other substance
capable of damaging clothing or causing injury to persons, shall be
mixed or placed with any Solid Waste which is to be collected, removed
or disposed of by the City or City agent. Such items shall be removed
at the occupant's expense only after arrangements have been made with
the City or City agent for such removal.
E.
Containers
for solid waste shall be provided by franchisee to each of their customers.
F.
All
recyclable materials shall be separated from other solid waste, and
placed for collection in the same manner as when their regular garbage
collection occurs.
(Ord. 2006-02; Ord. 2021-16)
A.
Franchisee
must guarantee a top quality of service by industry standards; competent,
qualified, sober, identifiable and uniformed personnel who serve the
public in a courteous, helpful, and impartial manner.
B.
The
City may, at its option, require fingerprinting of the franchisee's
employees whose service will cause them to enter onto or work in close
proximity to private property.
C.
Any
employee driving franchisee's vehicles shall at all times have in
their possession a valid and appropriate vehicle operator's license
issued by the State of California.
D.
The
franchisee and its employees shall be required to wear clean identifiable
uniforms when engaged in solid waste collection service on public
streets.
(Ord. 2021-16)
A.
Franchisee's
trucks, trailers, or other vehicles must comply with the regulations
as set forth in the California Motor Vehicle Code, all other applicable
California codes and this chapter.
B.
Any
persons who desire to operate privately owned, solid waste collection
vehicles under provisions of this chapter shall provide that their
vehicles are water tight and are provided with a tight cover. The
City Manager shall require the franchisee to remove from service or
repair those vehicles that allow or permit offensive odors to escape
and/or materials to be blown, dropped, or spilled therefrom.
C.
No
person shall leave trailers or trucks loaded with solid waste parked
for over a 24-hour period on the City streets.
D.
Each
vehicle of the franchisee shall at all times have in the cab the registration
of the truck, certificate of insurance card, and an identification
card with the name of whom to telephone in case of an accident. Each
vehicle shall also be equipped with a five-pound fire extinguisher
certified by the California State Fire Marshal.
E.
All
of the franchisee's equipment shall be available for inspection, at
the discretion of the City Manager, at the point of operation.
F.
All
vehicles used for solid waste collection within the City shall:
1.
Be
completely enclosed with a rigid, nonabsorbent cover while transporting
solid waste in or through the City. Completely enclosed with a rigid,
nonabsorbent cover means that solid waste shall not be visible from
the street nor shall any of the substance be permitted to leak, spill
or become deposited along the public streets.
2.
Be
painted the same colors as approved by the City Manager and identified
by truck numerals and company logo.
3.
Be
kept clean and maintained at all times.
G.
The
specifications of vehicles used for recycling collection may be separately
established by the City Council and specified in the franchise agreement.
(Ord. 2021-16)
A.
Franchisee
shall not collect solid waste within a residential area between the
hours of 6:00 p.m. and 6:00 a.m. the next day. With prior written
permission of the City Manager, these times may be changed.
B.
Franchisee
shall exercise all reasonable care and diligence in collecting solid
waste so as to prevent spilling, scattering, or dropping of materials,
and shall immediately, at the time of occurrence, clean up any spillage.
C.
Franchisee
shall dispose of all collected materials, at franchisee's expense,
at an authorized landfill or transfer station in a manner satisfactory
to the City, and in accordance with all state and local taxes and
regulations.
D.
Franchisees
shall provide an office with a full time manager with toll free telephone
service from the entire City. Telephones will be attended by competent
personnel from 8:00 a.m. to 5:00 p.m. on regular workdays, 8:00 a.m.
to 12:00 noon on Saturdays, and an answering service provided after
hours, weekends and holidays.
E.
Franchisee
shall keep and preserve, during the term of the franchise and for
three years thereafter, full, complete, and accurate records of:
1.
Customer
accounts in a manner that clearly identifies the number of customers
within the City and subject to the franchise fee. These records are
subject to review by the City Manager at any reasonable time;
2.
Specific
cost items, such as disposal fees, fuel, and similar items that may
provide the basis for future rate increases due to unusual circumstances;
and
3.
These
records are subject to review by the City Manager at any time City
staff has been asked to review special rate increase requests.
F.
Franchisee
shall be required to collect and dispose of large bulk items on a
24-hour notice with a maximum charge and any limitations to be set
by the City Council.
G.
Franchisee
shall provide a minimum of one "self-haul" bulky item collection opportunity
for residential customers per year.
H.
Franchisee
shall retain ownership of automated containers provided to residents
for the purpose of storing solid waste. Franchisee shall replace and/or
repair damaged automated containers during the term of the franchise
agreement.
(Ord. 2006-02; Ord. 2021-16)
Nothing in this chapter shall be construed to prevent the transfer
of solid waste within City limits from collection to disposal vehicles;
provided, that such transfer stations should not be conducted in violation
of any state law or county or City ordinance. Where the City operates
a transfer station, users of the station shall follow the rules established
for the station by the City Manager.
(Ord. 2021-16)
A.
When
issuing a franchise extension, the City Council shall approve the
amount of service charges. After approval, a charge for the collection
of solid waste shall be imposed by the franchisee on the owner or
person in control of each residential, commercial or individual property,
or other entity subscribing to solid waste collection service. The
amount of such charges may be changed, from time to time, by the franchisee
after written approval by the City Council and, when necessary as
determined by the City, subject to the hearing and majority protest
provisions of Article XIIID, Section 6 of the California Constitution
(commonly referred to as Proposition 218).
B.
All
proposed revisions in the charge schedule must first be submitted
to the City Council for review. Rates shall not be adjusted more than
once annually, except to accommodate unforeseen circumstances justifying
an increase.
(Ord. 93-03; Ord. 2021-16)
A.
The
accumulation of solid waste constitutes a menace to the health, welfare,
and safety of inhabitants of the City, and the orderly and regular
collection of solid waste is necessary to prevent the spread of disease,
and the creation of health menace and fire hazards.
B.
All
occupants shall dispose of solid waste through the regular solid waste
collection service, and shall be liable for payment to the City, or
to the franchisee, for solid waste collection charges.
C.
The
obligation to pay the charges provided in this chapter is upon the
legal owner or owners of the residential unit or business so served.
Nothing in this section, however, shall prevent an arrangement or
the continuance of an arrangement under which payments for solid waste
collection services are made by an occupant or any agent, on behalf
of the owner; provided, any such arrangement shall not affect the
legal owner's obligation for payment of the charges for services rendered.
D.
Every
occupant of the City shall be billed periodically for the charges
established pursuant to this chapter. Should any person fail, refuse,
or neglect to pay such bill within 30 days after the day that the
same is rendered, then, a penalty equal to 10% of the amount of the
bill will be added to the bill and the sum together with any costs
incurred by the franchisee, may be recovered by the franchisee.
E.
Should
the occupant of any property fail or refuse to pay the established
charge, then the franchisee shall advise the City Manager.
(Ord. 96-17; Ord. 2017-07; Ord. 2021-16)
A.
An
account is deemed delinquent if payment for collection services has
not been received within 15 days after the last day of the normal
billing period for which service was rendered. Upon determination
of delinquency, the franchisee shall give written notice to the delinquent
account holder that the bill is now overdue and payable in full and
shall attempt to collect payment through all available means, within
30 days of the date of such notice.
B.
Provided adequate arrangements for payment have not been made between the franchisee and delinquent account holder within 60 days of the end of the earliest unpaid billing period, the franchisee may assign the total unpaid bill amount to the City Manager for collection. The assignment shall provide all pertinent data including the name and address of the residence owner billed, address and parcel number of the property billed, dates of the period of service unpaid, amount due and certification that the billing procedures pursuant to subsection A of this section have been fulfilled.
C.
The delinquent bill presented by the franchisee to the occupant or legal owner pursuant to subsection A of this section, shall include a written notice warning that nonpayment within 60 days of the end of the earliest unpaid period may result in assignment of the debt to the City for collection, may include collection charges and may result in the recordation of a lien against the property to which service was rendered.
D.
Upon
receipt of assignment of the debt, the City Manager shall advise the
debtor in writing of the assignment, that a minimum fee of 10% of
the bill amount is imposed in all collection cases filed with the
City, that an additional $30.00 lien fee will be charged in all cases
where the filing of a lien with the county auditor is necessitated,
and that 30 days' notice is given to permit payment of the debt to
the City to avoid payment of the lien fee and to avoid a special assessment
against the property in the amount of all above-mentioned fees and
charges.
E.
Originally
billed amounts which are collected by the City shall be paid to the
franchisee on a quarterly basis. All fees and lien charges collected
shall be retained by the City.
(Ord. 96-17; Ord. 2017-07; Ord. 2021-16)
A.
The
City Manager may initiate proceedings to make delinquent solid waste
collection service fees and collection charges a special assessment
against properties for which such debts were assigned to the City
for collection.
B.
A report
of delinquent charges shall be transmitted to the City Council, which
shall fix a time, date and place for hearing the report and any protests
or objections thereto.
C.
The
City Council shall cause notice of hearing to be mailed to the owner
of real property to which service was rendered not less than 10 days
prior to the date of hearing. At the time fixed for the hearing, the
City Council shall hear any objections of the legal owner liable to
be assessed for delinquent accounts. The City Council may make such
revisions to the report as it deems just and if satisfied with the
correctness of the report as submitted or revised shall confirm or
reject it by resolution. The decision of the City Council on the report
and on all protests or objections thereto is final and conclusive.
D.
Upon
confirmation of the report by the City Council, the delinquent charges
contained therein shall constitute a special assessment against the
property and shall be forwarded to the San Diego County Auditor as
provided by Sections 39580 through 39586, inclusive, of the Government
Code of the State of California, to be collected at the same time
and in the same manner as ordinary real property taxes are collected
and shall be subject to the same penalties and procedure of sale as
provided for delinquent, ordinary real property taxes. The assessments
are subordinate to all existing special assessment liens previously
imposed upon the property and paramount to all other liens except
those for state, county and municipal taxes with which it has parity.
The lien shall continue until the assessment and all interest and
penalties due and payable thereon are paid. All laws applicable to
the levy, collection and enforcement of municipal taxes are applicable
to such special assessments.
E.
There
is created in the general fund an account entitled "Property Owners'
Delinquencies for Refuse Collection Service." This account is funded
from solid waste services and shall be credited with such delinquencies
as are collected by the county tax collector or otherwise collected
for release of lien remitted to the City. The City will in turn, debit
the account for payment to the franchisee of delinquencies collected
exclusive of fees and charges imposed by the City. Collection fees
and charges imposed by the City shall be cleared to a general revenue
account.
(Ord. 96-17; Ord. 2017-07; Ord. 2021-16)
A.
Diversion of recyclable materials (including, as provided in Chapter 11.23 of this Code) from the City's waste stream is required by all residential, commercial, and industrial customers within the City of Encinitas as set forth by resolution of the City Council.
B.
The City Manager or designee shall have responsibility for the enforcement of all provisions of this chapter. Violations of these regulations will be prosecuted in the same manner as other violations of the City Code, including, but not limited to, those specified in Chapter 11.23 of this Code; however, nothing in the regulations shall prevent the authorized agents or deputies from efforts to obtain voluntary compliance by way of notice of violation, warning, or by other educational means.
(Ord. 2006-02; Ord. 2021-16)
Any occupant of any premises, which has been billed for solid waste collection service, and who desires to contest the legality of the charge billed, shall make payment of such charge under protest and, at the same time, file a written statement of such protest with the City Manager. Within 30 days after the date of filing, the City Manager shall notify the protesting occupant of the decision which may be appealed to the City Council. (See Chapter 1.12.).
(Ord. 2021-16)
A.
Prior
to collection of solid wastes within the City by franchisee, the property
owner shall retain title of solid wastes and recyclables. Upon collection
of solid wastes and recyclables by the franchisee, City retains title
of all solid waste and recyclables collected in the City, to include,
without limitation, the control of its disposition.
B.
City
shall retain the title to all residential and commercial recyclables
placed in containers for collection by franchisee. This title shall
include, without limitation, the control of the disposition of residential
and commercial recyclables.
(Ord. 2006-02; Ord. 2021-16)
