The City Council may from time to time enter into franchise agreements for the collection of solid waste, compostable materials and recyclable materials from residential and commercial premises. All franchise agreements may be entered into without competitive bidding.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
Collection and removal of solid waste, compostable materials and recyclable materials by the franchisee shall be made in accordance with the terms and conditions of this chapter and the agreement between the City and the franchisee.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste or compostable materials within the City unless such person is a franchisee. Additionally, it is unlawful for any person to collect or transport recyclable materials within the City unless such person is a franchisee, or the material collected is exempt under this section. If recyclable materials are hauled, the City may require the generator to provide an affidavit demonstrating that no additional fees relating to the collection of recyclable materials have been charged.
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 the franchisee, except as the solid waste collected is exempted under this section.
The following types of solid waste, recyclable materials and compostable materials are exempted under this section:
A. 
Compostable materials 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 for no additional or separate fee;
B. 
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 disposal site or processing facility;
C. 
Hazardous or dangerous materials; liquid and dry caustics; acids; biohazardous, flammable and explosive materials; insecticides; and similar substances;
D. 
Infectious medical waste (as defined in California Health and Safety Code Section 25117.5);
E. 
Byproducts of sewage treatment, including sludge, grit and screenings;
F. 
Animal waste and remains from slaughterhouses or butcher shops for use as tallow;
G. 
Recyclable materials and compostable materials which are source-separated at any premises by the waste generator and donated to youth, civic, or charitable organizations;
H. 
Source-separated recyclable materials which are delivered by a person who is recycling under the California Beverage Containers Recycling Litter Reduction Act (Public Resources Code Section 14500 et seq.);
I. 
Source-separated recyclable materials or compostable materials that are donated by the generator or where the generator is paid fair market value for the recyclable materials or compostable materials. In such cases, the City may require the generator to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged;
J. 
Solid waste, recyclable materials, compostable materials and construction and demolition debris which are removed from any premises by the waste generator, using their own vehicles and which are transported personally by the owner or occupant of such premises, or by his or her employees;
K. 
Construction and demolition debris hauled by the property or business owner using their own vehicles and their own employees;
L. 
A licensed contractor removing items for reuse or recycling which is incidental to work performed at a project construction site and as defined under diversion requirements if the contractor (1) uses his or her own employees and vehicles for this purpose, and (2) maintains no bins or boxes at the site which are detachable from the vehicle;
M. 
Recyclable materials donated to an individual or business or where the individual or business pays the generator fair market value for the collection of source-separated recyclable materials. In such cases, the City may require the generator and if applicable, the individual or business to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged; and
N. 
Materials generated by public schools.
(Ord. 1816 § 2, 2007; Ord. 1910 § 5, 2010; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019)
From time to time, the City Council shall establish by resolution rates that franchisees may charge owners or occupants for the collection, processing and/or disposal of solid waste, compostable materials and recyclable materials. Prior to adopting the resolution establishing the rate, the City Council shall hold a public hearing.
In addition to the rates established for franchisees, the City may establish rates for street sweeping services, fees for refuse vehicle impacts, and rates for neighborhood preservation clean-up services and may incorporate such rates into the charges for service, in conformance with Article IX (Street Sweeping Services), Article X (Refuse Vehicle Impact Fee), and Article XI (Neighborhood Preservation Clean-Up Services) of this chapter.
(Ord. 1816 § 2, 2007; Ord. 1818 § 2, 2007; Ord. 1827 § 3, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
Each owner or occupant of the City receiving collection services from franchisee shall be billed by the franchisee periodically in accordance with the rates established by Article 8 of the franchise agreement and approved by the City Council. If an owner or occupant fails, refuses or neglects to pay the bill, then a penalty may be added to the bill and the sum, together with any costs incurred by the franchisee, may be recovered by the franchisee as provided by law, including Government Code Section 54348. If an occupant fails to pay the bill, the owner shall be responsible for the payment.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
Any owner or occupant who has been billed for services by a franchisee and desires to contest the extent or degree or reasonableness of the amount billed must first make payment of the charges due under protest and then file an appeal in accordance with the provisions of Chapter 1.22 LMC.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2052 § 1(N), 2017)
If there is no payment of a bill after 60 days or more:
A. 
The franchisee shall undertake collection of the bill (including penalties and expenses of collection) for a period of one year from the invoice date. Franchisee shall make reasonable efforts to obtain payment through issuance of late payment notices, telephone requests for payment, and assistance from collection agencies (who shall make at least two attempts at collection). If franchisee's collection efforts for a one-year period fail, and franchisee can demonstrate to the City that it attempted on at least five occasions to solicit moneys due from each delinquent account, then:
B. 
The franchisee may assign its rights to collection (including penalties and expenses of collection) to the City. The City shall then initiate any collection procedures authorized by law, including those special assessment procedures authorized by Government Code Sections 38790.1 and 25831. If the City collects the delinquent amount, it shall pay the collected moneys to franchisee after deducting City's administrative costs and costs of collection.
(Ord. 1816 § 2, 2007; Ord. 1971 § 1(I), 2012; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)