Chapter 10.11 — BINS AND DROP-OFF BOXES

Words and phrases defined in Chapter 10.10 of this title shall have the same meanings when used in this chapter. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this Section unless it is apparent from the context that a different meaning is intended.

.010 “Bin” means a Container with a capacity of at least one (1), and less than ten (10), cubic yards. Bulk Containers, dumpsters, Bins with attached compacting equipment (mini-packers) and other similar Discarded Materials collection Containers are other names for, and types of, Bins.

.020 “Director” means the Director of Public Works of the City of Anaheim or their designee.

.030 “Drop-off box” means Discarded Materials collection Containers of ten (10) cubic yards or larger, including Roll-Off Boxes with attached compaction devices.

.040 “Owner” means the person (including a corporate entity) who holds legal title to a bin or drop-off box.

.050 “User” means any person (including a corporate entity), other than an owner, who places, or causes to be placed, a Bin or Drop-Off box on any public or private property within the City of Anaheim. (Ord. 6519 § 2 (part); December 11, 2021.)

No person other than an authorized representative of the City of Anaheim shall place or leave standing a Bin or Drop-off Box on any public or private property within the City, except that a licensed construction contractor may use Bins and Drop-off Boxes owned by that contractor for site clean-up of that contractor’s own demolition and construction projects. (Ord. 6519 § 2 (part); December 11, 2021.)

.010 The Director may cause the posting of a notice to remove, as described in subsection .020 of this Section, in a conspicuous place on any Bin or Drop-Off Box placed on any public or private property within the City of Anaheim in violation of this chapter.

.020 Notices to remove posted pursuant to the provisions of this chapter shall specify the nature of the violation and shall state that the bin or drop-off box must be removed within twenty-four hours, or it may be removed and stored by the City, and

the contents Disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the Bin or Drop-Off Box.

.030 If the bin or drop-off box is not removed within twenty-four hours after the notice to remove is posted, the Director may direct the removal and storage of the bin or drop-off box and the Disposal of its contents if they consist of Discarded Materials, perishable matter, medical waste, hazardous waste or qualified household hazardous waste, or if the Bin or Drop-off Box together with its contents exceeds applicable weight limits. The owner of the Bin or Drop-off Box shall be responsible to reimburse the City for the actual cost of removal, storage, and Disposal. All amounts due to the City for the cost of removal, storage, and Disposal must be paid before the Bin or Drop-off Box may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

.040 If the identity of the owner of a Bin or Drop-off Box that has been removed by the City is known to the Director, the Director shall promptly cause notice to be mailed to the owner to claim the stored property. If the Bin or Drop-off Box is not claimed within ninety-five days after removal and notice to the owner, or ninety days after removal if the identity of the owner is unknown to the Director, the Bin or Drop-off Box and its contents shall be deemed abandoned property and may be disposed of accordingly.

.050 After a Bin or Drop-Off Box has once been removed by the City pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition of placement of Bins and Drop-off Boxes. In the event of a subsequent placement of a Bins and Drop-off Box owned by the same owner, the Director may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed Bins or Drop-off Box and shall, in such case, give notice to the owner to claim the Bin or Drop-off Box. In such event, the owner shall be responsible to reimburse the City for the actual cost of such removal, storage and disposal, which cost shall be paid by the owner before the Bins or Drop-off Box may be returned to the owner. If the Bins or Drop-off Box is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection .040 of this Section, Bins or Drop-off Box and its contents shall be deemed abandoned property and may be disposed of accordingly. The costs incurred by the City for removal, storage and disposal shall constitute a debt owed to the City by the owner, who shall be liable therefor in an action by the City for the recovery of such amounts. (Ord. 6519 § 2 (part); December 11, 2021.)

Any person violating any of the provisions of this chapter shall be guilty of an infraction and, upon conviction, shall be subject to a fine of fifty dollars for a first violation of this chapter, a fine of one hundred dollars for a second violation of this chapter within one year, and a fine of two hundred fifty dollars for each additional violation of this chapter within one year. (Ord. 6519 § 2 (part); December 11, 2021.)

The following fees and charges shall be established from time to time by resolution of the City Council: Bins or Drop-off Box impound fee; storage charge. Waste disposal charges shall be equal to the commercial per-ton rate paid by the City. (Ord. 6519 § 2 (part); December 11, 2021.)