Citrus Heights Municipal Code Art. I In General

Footnotes:

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Editor's note— Ord. No. 2007-09, § 1, adopted July 19, 2007, amended Art. I in its entirety to read as herein set out. Former Art. I, §§ 74-1—74-8, pertained to similar subject matter. See the Code Comparative Table for full derivation.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and phrases not defined in this section have the meanings set forth in division 30, part 1, chapter 2 of the Public Resources Code, § 40105 and following, and the regulations of CalRecycle or its successor agency. If not defined in the Public Resources Code or the Board's regulations, then the applicable definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 and following, and the regulations implementing RCRA will apply:

Act means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.

CalRecycle means the California Department of Resources, Recycling and Recovery, or any successor agency thereof.

Clerk means the city clerk or as otherwise designated by the city council.

Collection means to take physical possession, remove and transport solid waste.

Commercial edible food generator includes a "tier one" or a "tier two" commercial edible food generator as such terms are defined in subdivisions (a)(73) and (a)(74), title 14, division 7, chapter 12 of the California Code of Regulations, and as it may be amended.

Commercial premises means all lots or portions of a lot in the city other than residential premises, where commercial solid wastes are generated or accumulated including multifamily residential properties.

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Multifamily residential property means five or more individual living units located on a single parcel of land and any mobile home park located within the city.

Commercial solid waste means any solid waste generated by and at a commercial premise, including salvageable materials, placed in bins, carts, drop boxes or compactors or the like, or as otherwise prescribed by the department for accumulation and collection.

Council means the city council or as otherwise designated by the city council.

Department means the general services department of the city or as otherwise designated by the city council.

Designated recyclable materials means materials that are separated by the responsible person from solid waste prior to disposal to be recycled consistent with the requirements of the Act. The city may adopt a schedule of materials that may qualify as recyclables, which may be revised periodically.

Designated organic recyclable materials means materials that are separated by the responsible person from solid waste prior to disposal to be recycled consistent with the requirements of the Act. The city may adopt a schedule of materials that may qualify as organic recyclables, which may be revised periodically.

Director means the director of the general services department of the City of Citrus Heights.

Dispose or disposal means the final disposition of solid waste collected.

Franchise, commercial means a franchise issued under this chapter that grants to a franchisee the right to collect and transport on a regular, recurring basis, solid waste from commercial premises located within the city, except as provided in sections 74-38 and 74-138.

Franchise, residential means a franchise issued under this chapter that grants to a franchisee the exclusive right to collect and transport on a regular, recurring basis, solid waste from commercial premises located within the city, except as provided in sections 74-38 and 74-138.

Franchisee means a solid waste collector designated as a franchisee pursuant to a commercial franchise or a residential franchise agreement with the city granting to him or her the privilege of collecting or causing to be collected or transported, for a fee, any solid waste within the city in accordance with this chapter.

Garbage does not include designated recyclable materials or designated organic recyclable materials set out for the purposes of collection and recycling, and that are not landfilled.

Hazardous waste means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to RCRA, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 and following or as defined by CalRecycle. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term hazardous waste will be construed to have the broader, more encompassing definition.

Medical waste means any item regulated under the Medical Waste Management Act (part 14, commencing with section 117600, of division 104 of the Health and Safety Code), that has not been treated and may not be disposed of at a solid waste disposal facility.

Mixed use premise means all lots zoned with a blend of various compatible uses such as commercial and residential. The uses may be located in the same building or in separate buildings.

Organic recycling means the controlled and monitored process of separation, recovery, volume reduction, conversion, or recycling of organic waste for the purpose of recovery.

Recycling means the process of sorting, cleansing, treating and reconstituting of recyclables, which would otherwise be disposed of at a disposal site, for the purpose of returning the recyclables to the economy in the form of raw materials for reused, remanufactured or reconstituted products.

Residential premises mean all residentially zoned lots used for residential purposes, excluding premises with multi-family structures consisting of five or more units.

Responsible person means any individual, firm, copartnership, joint venture, association, corporation, governmental agency, and the plural as well as the singular, responsible for the day to day operation of each commercial, residential, or mixed use premise in the city at which solid waste is generated or accumulated.

Salvageable material includes materials which can be separated from solid waste and sold for reuse or recycling, but does not include material disposed of at a landfill.

Solid waste means all putrescible and nonputrescible solid, semisolid, and liquid waste generated or accumulated for collection or disposal within the city. Solid waste includes bulky items, construction and demolition waste, green waste, and organic waste. Solid waste does not include any of the following: (1) hazardous waste, (2) medical waste regulated under the Medical Waste Management Act (part 14, commencing with section 117600, of division 104 of the Health and Safety Code) that has not been treated and may not be disposed of at a solid waste disposal facility, and (3) recyclable material.

Truck means any truck, trailer, semitrailer, conveyance, vehicle or equipment approved by the department used to collect or haul refuse.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 1, 9-10-2020)

Cross reference— Definitions generally, § 1-2.

(a) The department is authorized to make and enforce rules and regulations governing solid waste generation, storage, recovery, accumulation, collection, transportation and disposal; types of solid waste containers and vehicles used therefor; for the operation and maintenance of sanitary methods of solid waste disposal; and for the effective administration of this chapter. All such rules and regulations shall be consistent with this chapter and effective on the 30th day following filing thereof with the clerk and serving thereof on each affected franchisee.

(b) Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this chapter may appeal the regulation by filing a written notice of appeal with the clerk. The notice of appeal shall specifically identify the regulation from which appeal is taken and the reasons for the appeal. Upon receipt of such a notice, the clerk shall schedule the appeal for a public hearing by the council, notice of which is given in the manner prescribed by section 74-7. At the conclusion of the public hearing, the council shall be vested with jurisdiction to deny the appeal or rescind or modify the determination. The decision of the council shall be final. Any regulation from which an appeal is filed prior to the effective date thereof shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(c) It shall be unlawful and constitute a violation of this section for any person to violate or fail to comply with the provisions of regulations issued pursuant to this section which are expressly authorized by other sections of this chapter.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 2, 9-10-2020)

The regulations of CalRecycle appearing in chapter 3 of division 7 of title 14, California Administrative Code, commencing with section 17200, shall be applicable within the city. All of such regulations shall be enforced in the same manner as this chapter, and violations of any of such regulations shall constitute violations of this section. This section shall be enforced by the department.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 3, 9-10-2020)

(a) All franchises issued to the franchisees shall be subject to the terms and conditions specified in this chapter, in the franchise agreement, and in all other applicable federal, state and local laws and regulations.

(b) In granting any franchise, the city council may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the city council are in the public interest.

(c) The franchisees shall provide solid waste collection, removal, recycling, organic recycling, and transportation services consistent with the provisions of this chapter, the terms and conditions of the franchise issued, and any applicable federal, state, or local statute, ordinance, rule or regulation.

(d) The franchisees shall provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment and shall utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service and to provide preventive and repair maintenance of such equipment sufficient to ensure reliability.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 4, 9-10-2020)

Except as otherwise expressly provided, this chapter shall be enforced by the general services director, and/or his or her designee.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 5, 9-10-2020)

Any operation contrary to this chapter or contrary to residential or commercial franchise, or the terms or conditions imposed therein, is unlawful and a public nuisance. The department is authorized to commence, in the name of the city, actions or proceedings for the abatement and removal and enjoining thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate and remove such operation and restrain and enjoin any person from so operating.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 6, 9-10-2020)

(a) Whenever a section of this chapter authorizes or requires a public hearing to be conducted by the council, notice of the time, date, place and purpose of the hearing shall be published at least once not later than ten calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the city and shall be served upon the franchisee who is affected by the hearing.

(b) Any notice or other communication to the franchisee which is authorized or required by this chapter shall be deemed served and effective for all purposes when reduced to writing and deposited in the United States mail, postage prepaid, and directed to the latest address of the franchisee shown in the city records.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 7, 9-10-2020)

It is unlawful for any person to place, deposit, dump, release, spill, leak, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers, and other closed receptacles) or cause to be placed, deposited, dumped, released, spilled, leaked, poured, emitted, emptied, discharged, injected, buried, or disposed, any solid waste to come to be located on any premises in the city, except in an authorized location or permitted container or at an authorized or permitted solid waste collection facility.

(Ord. No. 2007-09, § 1, 7-19-2007; Ord. No. 2020-008, § 8, 9-10-2020)

Cross reference— Watercourses, § 78-31 et seq.

Any person who violates any provision of this chapter may be subject to any of the following legal enforcement remedies, including but not limited to: Criminal prosecution of a misdemeanor or infraction; civil action, including but not limited to injunctive relief; administrative enforcement actions, including administrative citation; and/or revocation of a use permit, if applicable. These remedies shall be in addition to any other remedies authorized by law.

(Ord. No. 2023-007, § 1, 1-11-2024)