Chapter 8.08 — GARBAGE AND SOLID WASTE

Footnotes:

--- ( 1 ) ---

• For statutory provisions requiring cities to regulate local sanitation matters, see Health and Safety Code §101450; for provisions authorizing cities to contract for garbage and rubbish disposal and to prescribe terms for such services, see Public Resources Code §49300.

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meaning assigned to them in this section. The enumeration of substances in this section shall not be deemed exclusive, the classification of substances not named to be determined by their character.

A.

"City agent" means any person or corporation, or the employees or agents thereof, with whom the city may contract for the collection and/or disposal of garbage, rubbish and other refuse.

B.

"Construction rubbish" includes brick, mortar, concrete, asphalt, asphalt/concrete paving materials or other debris incident to the construction or demolition of buildings and/or streets, parking lots or roadways.

C.

"Dry recyclables" means paper products, aluminum cans, tin cans, glass bottles, plastic containers, and other items which, from time to time, the council shall add to the list of dry recyclables by resolution of the council.

D.

"Garbage" means and includes all refuse accumulations with the exception of anything which meets the definition of dry recyclable, green waste, household hazardous waste or construction rubbish set forth in this section.

E.

"Green waste" means cut shrubbery, tree and shrubbery trimmings, dead flowers, grass cuttings and other similar organic material which may be effectively composted.

F.

"Hazardous waste" means anything which has been determined to be a hazardous substance such that it cannot be disposed of in the county's landfill and is required by either county ordinance, state law or federal law to be transported to a specialized disposal facility set aside for hazardous waste. Hazardous wastes include but are not limited to household hazardous wastes.

G.

"Household hazardous wastes" means any waste produced by a household that contains an ingredient listed in or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g., an oxidizer), toxicity, or infectiousness. Empty containers retaining residues of household hazardous wastes include, but are not limited to, each of the following: automobile polish, furniture polish, fertilizers, automotive products, adhesives and sealants, paints and coatings, photographic chemicals, swimming pool chemicals, used oils.

H.

"Recycling station" means any property and/or facility that the city shall designate at any time to be used for the recycling of any or all dry recyclables.

I.

"Refuse" means all solid waste, including all construction rubbish, dry recyclables, garbage, green waste, and hazardous wastes.

(Ord. 261 §1, 1993).

A.

The city, in order to more effectually promote and protect the public health and safety and to reduce the danger of hazards of fire and disease, reserves unto itself or its designated city agent the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse produced or found within the corporate limits of the city.

B.

It is unlawful for any person to collect, transport or dispose of any refuse within the city except the following persons:

1.

Any employee of the city or "city contract agent" who acts within the scope of their employment or franchise agreement;

2.

The builder of any structure, or the agent thereof, when acting to remove refuse resulting from construction work;

3.

A person engaged in the business of gardening or landscaping, when removing or disposing of garden trimmings incident to such business;

4.

Any persons licensed by the city to remove and dispose of specific refuse;

5.

Any person who accumulates rubbish in excess of the capacity of his rubbish containers as prescribed by Section 8.08.040.

(Ord. 308 (part), 1997; Ord. 66 §2, 1969).

The city council may select and enter into a contract with a qualified person engaged in the business of collecting, transporting and disposing of refuse, and that organization selected shall be known as the "city contract agent" pursuant to this chapter. Selection shall be based upon the needs of, and benefits to, the city at the time a contract is negotiated by the city manager and/or his or her designee. Consideration shall be given to the reputation, service delivery history and economic stability of the proposed city contract agent.

As of July 21, 1997, the city contract agent shall be Mountainside Disposal, Inc., 8665 South Union Ave., Bakersfield, California, 93307. The contract shall be for ten (10) years commencing on the 1st day of July, 1997 and ending on the 30th day of June, 2007, and the contractor shall have two (2) five (5) year options to extend the contract, through June 30, 2017.

(Ord. 308 (part), 1997: Ord. 66 §3, 1969).

A.

Every person in possession, charge or control of any place in the city which accumulates refuse shall at all times utilize containers adequate to contain the amount of refuse ordinarily accumulating at such place during intervals between collection. The city contract agent shall provide each single-family residence with one (1) tan cart for refuse, one (1) green cart for green waste and food waste, one (1) blue cart for recyclables. The city contract agency shall provide each commercial facility and multifamily residence with an equivalent number of containers for recyclables as are provided for refuse.

B.

All containers shall be kept in clean and sanitary condition by the owner or the person using them and containers containing garbage shall be kept tightly covered at all times, except when garbage is being deposited or removed, and shall at all times be sealed sufficiently to prevent access to flies and shall be free from leaks. All containers shall be free from jagged edges and in sufficient repair to hold all refuse placed therein.

(Ord. 363 §1, 2005: Ord. 308 (part), 1997; Ord. 66 §4(part), 1969).

It shall be a violation of this chapter for any person not authorized to do so to open such containers or to remove, collect or to scatter the refuse stored therein.

(Ord. 66 §4(part), 1969).

For the purposes of collection, every user/client shall place the contractor provided refuse containers in accordance with the instructions of the city contract agent. Due to the need to provide automated or semiautomated service throughout various locations within the city, the placement may vary from address to address.

A.

In no case shall receptacles or containers be collected when located on private property, except as follows:

1.

If a resident of the household is either a senior citizen or is totally disabled, then he or she may apply at City Hall for walk-up service. The council may adopt, by resolution, guidelines to be used by the office of the city manager, or the city manager's designee, in making such determinations. For the purposes of this section, the following definitions shall apply:

a.

"Totally disabled" means anyone who has applied at City Hall for a discount, has provided adequate documentation, and has been determined by the city manager or the city manager's designee as meeting one (1) or more of the following criteria:

i.

Has been found to be handicapped by the California Department of Motor Vehicles; or

ii.

Has been found to be totally and permanently disabled by the Social Security Administration under any of their programs, including but not limited to, the Social Security Disability Insurance Program under Title II of the Social Security Act and, including but not limited to, the Supplemental Security Income Program under Title XVI of the Social Security Act; or

iii.

Has been found to have at least a fifty percent (50%) disability under the Workers' Compensation Insurance Act; or

iv.

Has been determined to be disabled by any branch of the military or the Veterans' Administration; or

v.

The city manager or the city manager's designee has determined that the individual is disabled based on the statement of a licensed physician.

b.

"Senior citizen" means anyone who has applied at City Hall for a discount and has been determined by the city manager or the city manager's designee as having reached sixty (60) years of age or older. The applicant shall have the responsibility of adequately documenting that he or she meets the terms of this definition. Proof of citizenship shall not be required.

2.

A resident whose application for walk-up service has been granted shall be assessed a fee for such walkup service, in an amount to be determined by the city council by resolution.

(Ord. 308 (part), 1997; Ord. 259 §1, 1992).

It is unlawful for any person to dump, deposit, place or bury garbage in any hole or excavation within the city.

(Ord. 66 §6, 1969).

This chapter shall not be construed to prevent the feeding of garbage to poultry or animals in proper amounts for immediate consumption by such poultry or animals, and in such manner that the garbage so fed shall not accumulate, when such feeding is not otherwise in violation of any other city ordinance, or other county or state regulation or law.

(Ord. 66 §7, 1969).

A.

It is a violation of this chapter for any person owning, managing or having control of any place where refuse is produced, kept or otherwise exits, either:

1.

To permit the accumulation of refuse, to the point that the accumulation becomes or remains:

a.

Offensive, unsightly or unsafe to the public health, or

b.

Hazardous due to the danger of either fire or disease; or

To permit or cause any refuse to be deposited, kept or accumulated upon any lot or parcel of land or any public or private place, street, lane, alley or driveway, except as provided in this chapter.

B.

Every person owning or occupying a residence or a commercial establishment shall subscribe to solid waste collection service from the city or contract agent. No customer shall permit or consent to another person depositing solid waste in his or her container or setting out solid waste for collection at his or her place or premises; except that this provision shall not apply where the city manager or the city manager's designee has established a temporary service location because the city manager has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

C.

All rubbish, garbage or refuse is to be placed in a container as is provided in this chapter.

1.

No person shall deposit solid waste in the container of another person, or set out solid waste for collection at another person's service location, except as may be established by the city manager or the city manger's designee where the city manager has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

2.

No person shall burn solid waste in a home heating furnace, fireplace or wood stove, excepting that nonplasticized waste paper may be used for kindling of fires in wood-burning appliances.

D.

Standard residential service shall be limited to one (1) contractor container per week for residential household waste, and one (1) contractor provided container per week for green waste, unless the user/client has made separate arrangements with the contractor.

(Ord. 308 (part), 1997; Ord. 259 §2, 1992).

Any refuse not prepared in accordance with Section 8.08.090 need not be handled by the collector and if allowed to lie about and accumulate for any period of time beyond the regular time for collection thereof shall be deemed to create a violation of this chapter. Whenever any refuse is not collected because of a violation of this chapter, the collector shall attach to the container a tag upon which he shall indicate the reason for his refusal to collect the refuse, with reference to the provisions of this chapter which form the basis for his refusal.

(Ord. 66 §8, 1969).

A.

The direct authority and responsibility for the effective refuse and disposal shall be vested in the city manager, or the city manager's designee. Unless the city manager directs otherwise, it shall be presumed that the city manager's designee for this purpose is the city contract agent. The city manager's designee for this purpose shall answer directly to the city manager.

B.

It is the duty of the city manager, or the city manager's designee, to enforce the provisions of this chapter, and the city manager or the city manager's designee shall have the right to inspect any and all public premises for the purposes of determining whether the provisions of this chapter are being observed, and any person denying or obstructing such inspection or in any way interfering with the performance of such duties shall be in violation of this chapter.

C.

The city manager or the city manager's designee shall have the power to establish rules and regulations not inconsistent with the provisions of this chapter, governing the collection and disposal of refuse, rubbish, garbage, solid waste, or recyclables provided that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and regulations in effect in the city. Such rules and regulations may include but are not necessarily limited to the frequency of refuse collections at various locations, the type and number of refuse containers required, and the vehicles used in making such collections. His or her determination on such matters shall be subject to review and final determination by the city council.

(Ord. 363 §2, 2005: Ord. 308 (part), 1997; Ord. 259 §3, 1992).

Upon discovery of any violation of this chapter, the city manager or the city manager's designee shall, by mail, give written notice to the occupant or, if none is available, then to the owner of record of the premises, informing him of the nature of the violation, the corrective measures deemed necessary, and the time allowed to correct such violation. Any such procedure shall allow the addressee of the notice the opportunity to appeal such a decision to the city manager (if the notice was issued by the city manager's designee) and, if the addressee is still dissatisfied, to the city council for hearing.

(Ord. 259 §4, 1992).

Subject to the requirements of the California Constitution and other state laws, the city council is authorized to establish the rates or charges that may be charged for the collection of refuse and recyclables within the city pursuant to this chapter. The current schedule of rates so fixed by the city council shall be at all times on file in the office of the city clerk.

(Ord. 363 §3, 2005: Ord. 66 §10, 1969).

A.

The owner of the real property upon which each residential unit is located shall be liable for payment of all charges upon the agents utility bill rendered for such premises, including the charges for garbage, refuse collection and disposal fees set forth in this chapter. Such charges shall be a lien against all real property served until paid.

B.

The proprietor, partner, corporation or other business entity of each business, industrial or mercantile establishment shall be liable for payment of all refuse collection charges billed to such establishment.

(Ord. 308 (part), 1997; Ord. 149, 1979).

The city is no longer obligated to collect the following waste items. However, the city retains the right to require the property owner or other person in possession of the property to dispose of such waste items and determines that such items shall still constitute refuse for the purpose of the enforcement provisions of this chapter, including but not limited to Section 8.08.090:

A.

Construction and/or demolition waste, including building materials, packaging and rubble resulting from construction, remodeling, repair or demolition on pavements, houses, commercial buildings, industrial facilities or other structures;

B.

Agricultural wastes, including manures, orchard and vineyard prunings and crop residues;

C.

Biohazardous wastes, including special "diverted" wastes generated by hospitals, health-care facilities, research organizations and blood banks;

D.

Hazardous household wastes, unless separated, which, because of their quality, concentration or physical, chemical, or infectious characteristics, may pose a hazard to health or environment if improperly treated, disposed of or otherwise managed;

E.

Mixed paper, unless separated, which is a mixture of at least two (2) of the following: newspapers, corrugated cardboard, office paper, computer paper, white paper, coated paper stock or other paper wastes;

F.

Tires or rubberized asphalt products.

(Ord. 259 §5, 1992).

It is unlawful for any person to engage in the business of owning, operating or maintaining a recycling station within the city unless such person has written authorization from the city contract agent.

(Ord. 308 (part), 1997: Ord. 260 §1, 1993).

It is unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects green waste within the city, unless such person has written authorization from the city contract agent.

(Ord. 308 (part), 1997: Ord. 260 §2, 1993).

All construction and demolition wastes within the city will be disposed of at a facility designed to process these types of waste, as long as such facility exists within twenty-five (25) miles of the city limits. The gate fee at these facilities will not exceed gate fees in effect at county landfills at time of disposition. These types of waste will no longer be taken to county-owned/operated landfills.

City building department will issue permits for all construction and demolition projects and will require proof of completion of disposition of these types of wastes. The ordinance codified in this section shall become effective as provided by law.

(Ord. 322, 2002: Ord. 308 (part), 1997: Ord. 260 §3, 1993).

It is unlawful for any person to engage in the business of owning, operating or maintaining any commercial facility which has as a purpose engaging in any business which collects household hazardous wastes within the city unless such person has written authorization from the city contract agent.

(Ord. 308 (part), 1997: Ord. 260 §4, 1993).

A.

Use of Tax Rolls. The city council may elect to use the county tax roll on which general city taxes are collected for the collection of current or delinquent fees, tolls, rates, rentals, levies or other charges established by the city for the collection, transportation and disposal of refuse; proceedings therefor shall be had as now or thereafter provided therefor in Article 4, Chapter 6, Part 3, Division 5, of the Health and Safety Code.

B.

Time of Collection. When the city elects to use the county tax roll on which general city taxes are collected as aforesaid, the amount of the refuse service charges shall be collected at the same time and in the same manner by the same person as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subjected to the same delinquency penalties.

C.

Application of Laws Governing Levy, Collection and Enforcement of General Taxes. All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matters of delinquency correction, cancellation, refund and redemption, are applicable to such charges.

D.

Applicable Laws. All the provisions of the laws of the state as to the collection of taxes and delinquent taxes and the enforcement of their payment, so far as applicable, apply to the collection of the charges herein set forth.

E.

Collection by Suit. As an alternative to any of the other procedures herein provided, the city may collect said unpaid charges by suit, in which event it shall have judgment for the cost of suit and reasonable attorney's fees.

F.

Collection System. The council may, at any time, by order entered in its minutes, provide a system of collection of delinquent sewer service charges, or make any change in the manner of their collection.

G.

Alternative. The powers authorized by this section shall be alternative to all other powers of the city and alternative to procedures adopted by the council thereof for the collection of such charges.

H.

Other Remedies. The city may provide otherwise for the collection of such delinquent charges. All remedies herein provided for their enforcement and collection are cumulative and may be pursued alternatively or collectively as the city determines.

(Ord. No. 409, § 2, 8-6-2013)