Unless the context otherwise specifies or requires, the terms defined in this section shall for all purposes of this chapter have the meanings specified in this section:
(1) 
"Collector"
means the refuse disposal company with whom the city has contracted to provide the residents and property owners of the city with refuse collection.
(2) 
"Director"
means the director or public works of the city, or his authorized agent.
(3) 
"Owner"
means and conclusively is deemed to be the legal owner of any property subject to this chapter.
(4) 
"Refuse"
means garbage and other refuse including, without limitation: (i) accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetable, and containers originally used for foodstuffs; (ii) lawn and garden refuse such as leaves, grass cuttings, roots and weeds from which the soil has been removed, trimmings from trees or shrubs, plants and similar materials; (iii) other trash and rubbish other than sod, rocks, concrete, bricks and similar solid material, plaster or dirt; and (iv) medical waste disposed of pursuant to state law. "Refuse" does not include large appliances or furniture or chemicals of a type which must be disposed of in a class I dump.
(Ord. 967 § 2 (part), 1981; Ord. 1163 § 1 (part), 1993)
(a) 
The periodic collection of refuse and sweeping of streets from all places in the city benefits all occupants of places and premises in the city and promotes and protects the health, safety and welfare of all residents of the city. Therefore, refuse collection and street sweeping services provided by the collector are mandatory for all owners of property within the city or from which refuse is created, accumulated or produced; provided, however, that there may be joint or multiple use of refuse containers, subject to securing a permit therefor from the director, pursuant to rules and regulations therefor established by the city council.
(b) 
It is unlawful for any person other than the collector or employees of the city for compensation to collect, remove or dispose of refuse within the city on a regularly scheduled basis; provided, however, that nothing contained in this chapter shall prevent the use of garbage disposal devices as provided in the Uniform Plumbing Code.
(Ord. 967 § 2 (part), 1981; Ord. 1163 § 1 (part), 1993)
(a) 
The owner of any property within the city in or from which refuse is created, accumulated or produced, or which abuts any city street or state or federal highway shall subscribe to and pay for refuse collection and street sweeping service rendered to such property by the collector and shall provide at a location specified in the city's agreement with the collector an adequate container or containers for deposit of refuse. The necessity for and type of refuse collection service required, the type of containers to be utilized and the rates to be charged for refuse collection services shall be established by agreement between the city and the collector or by resolution adopted by the city council.
(b) 
Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to the city or to the collector for the payment for such service.
(Ord. 967 § 2 (part), 1981; Ord. 1163 § 1 (part), 1993)
(a) 
For the collection and disposal of refuse, garbage, rubbish and street sweeping, a contract for a period not to exceed twenty-five years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
(b) 
Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage and rubbish in the city in the manner as provided in this chapter, and shall not charge any amounts in excess of the rates specified in this chapter. The contractor shall be required to furnish a cash surety bond to the city in the penal sum of fifty thousand dollars conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contract shall have the sole and exclusive right, except as in this chapter otherwise provided, to collect all refuse, garbage and rubbish in the city, and transport the same through the streets and public ways of the city. Such contract shall also require that the contractor procure for the period covered by the proposed contract, full compensation insurance in accordance with the workers' compensation insurance and safety provisions of the Labor Code of the state. Such contract shall also require that the contractor carry public liability insurance to the extent of one million dollars for the death or injury of one person, two million dollars for the death or injury of more than one person, and property damage insurance to the extent of twenty-five thousand dollars upon each of the trucks or other vehicles used by him in carrying out of the work called for in the contract. The city council, by resolution, shall have the power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interest of the city.
(Ord. 967 § 2 (part), 1981; Ord. 1163 § 1 (part), 1993)
All refuse must be either placed in proper containers or in bundles as provided in this chapter. Unless containers are provided by the collector, it shall be the duty of every owner (including owners of multiple dwelling units) to provide refuse containers capable of holding all refuse which would ordinarily accumulate on the premises between the times of successive collections; provided, however, that pursuant to provisions of any agreement between the city and the collector or rules and regulations adopted by the city council, certain lawn and garden refuse may be bundled for pickup. Containers utilized by owners for refuse disposal shall comply with provisions of any agreement between the city and the collector and with other rules and regulations adopted by the city council. Refuse containers located at multiple dwellings shall be marked so as to indicate the apartment or unit to which they belong.
(Ord. 967 § 2 (part), 1981)
Unless other arrangements have been made with the collector, it shall be the duty of every owner at all times to keep in a suitable place readily accessible to the collector refuse containers as prescribed in any agreement between the city and the collector or rules and regulations adopted by the city council. No refuse container, other than those of the city, shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the director may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection of refuse.
(Ord. 967 § 2 (part), 1981)
Human waste and other potentially infectious materials shall not be deposited or placed in any refuse container unless such material is wrapped in a manner satisfactory to the health officer of the Yuba-Sutter County health department. Liquid garbage shall not be deposited in such containers. Kitchen garbage shall be drained of all moisture and completely wrapped in paper before it is placed or deposited in refuse containers. Rocks, sod, concrete, bricks and similar solid material, plaster, dirt, large appliances, furniture and class I (toxic) chemicals shall not be placed in any refuse container and shall not be subject to pickup by the collector unless special arrangement therefor is made between the owner and the collector.
(Ord. 967 § 2 (part), 1981)
(a) 
No person who owns, controls, or occupies any premises shall permit refuse to accumulate for a period in excess of the period provided in this chapter or in rules and regulations adopted pursuant hereto and no such person shall, following notice thereof, fail, refuse or neglect to place refuse within refuse containers as provided in this chapter and in accordance with the rules and regulations established pursuant to this chapter.
(b) 
No person shall throw, deposit, or leave any refuse, or permit the same to be thrown, deposited, or left on the property or premises of another without the knowledge and prior permission of the owner thereof.
(c) 
No owner of real property located in the city shall knowingly permit or countenance his tenants while in occupation of such property to throw, deposit or leave any refuse upon the property or premises of another.
(d) 
No person shall throw, deposit, or leave any refuse, or, being in possession or control of any refuse, shall permit the same to be thrown, deposited, or left in or upon any street or other public place in violation of this chapter or the rules and regulations established pursuant to this chapter.
(Ord. 967 § 2 (part), 1981)
When an owner fails to initiate adequate refuse collection service within fifteen days of occupancy of a property, the director will give the owner written notification that such service is required. If service is not initiated within fifteen days from the date of the mailing of the notice, the director may require the collector to initiate and continue refuse service for said property.
When in the judgment of the director, additional refuse containers are required, they shall be provided at the owner's cost upon written notification from the director. If the required additional containers are not provided within thirty days from the date of the mailing of the notice, the director may require the collector to provide the required containers at a cost established pursuant to agreement between the city and the collector or pursuant to rules and regulations adopted under this chapter. Such cost may be added to the collection fees and collection in the same manner.
(Ord. 967 § 2 (part), 1981)
The collector shall be entitled to payment from the owner for services rendered hereunder and the collector shall be entitled to initiate a civil action to collect such payment.
(Ord. 967 § 2 (part), 1981)
(a) 
All billing for waste collection shall be made by the contractor; all charges shall become delinquent ninety days after billing date.
(b) 
If the bill remains unpaid after the date of delinquency, the garbage collector shall be entitled to a delinquency fee. However, such delinquency fee shall not be assessed until fifteen days after notification of the delinquency to the owner and recipient of service. The form and content of the delinquency notice sent by the garbage collector shall be approved by the director of public works. The garbage collector shall simultaneously file with the director of public works a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent. Delinquency fees shall be set by city council resolution.
(c) 
Should the bill remain unpaid at the expiration of the fifteen days, the contractor may assign such bill to the city for lien proceedings.
(d) 
Upon the city's receipt of the assignment from the contractor and at the convenience of the city (once per year during the month of May), the director of public works shall initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the garbage collection (including street sweeping) has been rendered.
(e) 
The lien will be officially recorded in the Yuba County recorder's office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the director of public works that the delinquency charges and administrative charges are due the city and that such lien has been recorded.
(Ord. 1163 § 1 (part), 1993)
The city council may, by agreement with the collector or by separate resolution, implement rules and regulations to carry out and promote the provisions of this chapter. Such agreements, rules and regulations may set forth the time of collection of refuse, the rates to be charged for such collection, the time for payment of such rates, the size of containers to be utilized, the manner in which such containers or bundles of refuse are to be placed for collection and such other matters as may be necessary or appropriate to effect the provisions of this chapter.
(Ord. 967 § 2 (part), 1981)
The accumulation and existence of refuse on any private premises, or in or upon any street, alley or other public place within the city, may be declared to be a nuisance. No person who owns, controls, or occupies any premises in the city shall cause, permit, or allow any such nuisance to exist thereon. Any such nuisance may be abated in the manner provided by law.
(Ord. 967 § 2 (part), 1981)
Any owner who violates any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof is punishable by a fine of two hundred fifty dollars.
(Ord. 967 § 2 (part), 1981; Ord. 1160 § 11, 1993; Ord. 1247 (part), 1999)