Citrus Heights Municipal Code Art. II Sanitation Regulations

Footnotes:

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Editor's note— Ord. No. 2007-09, § 2, adopted July 19, 2007, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 74-36—74-47, pertained to similar subject matter. See the Code Comparative Table for full derivation.

Every owner, tenant or occupant of a dwelling unit or keeper of every commercial premise or mixed use premise with a fixed location in the city which generates solid waste shall provide and, at all times, keep within an enclosure or conveniently located near an enclosure or building watertight containers and shall cause to be deposited in such containers, and not elsewhere, all solid waste accumulating on the premises. The containers shall have tightly fitted covers and shall not leak or permit the escape of odors. It shall be unlawful for any person to fail to comply with the requirements of this section.

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

Except as authorized, it shall be unlawful for any person to engage in the business of or otherwise organize, direct or sponsor the collection or transportation of solid waste within the city without possessing a valid residential or commercial franchise agreement with the city.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 11, 9-10-2020)

The collection or transportation of the following types of solid waste under the circumstances indicated are exempt from the provisions of section 74-37:

(1) Solid waste on or from any federal facility or housing project property owned by the United States or from any state facility owned by the state;

(2) Solid waste produced by operation of the public agency under a system of solid waste collection of the public entity under a system of solid waste collection and transportation operated and maintained by the public agency;

(3) Solid waste accumulated as a result of operation of the farm or ranch consisting of five acres or more;

(4) Solid waste generated on a commercial, mixed use premise or residential premise removed by the responsible person from his or her premises to a lawful point of disposal;

(5) Construction and demolition waste removed from the premises by a licensed contractor using its own employees and equipment as an incidental part of a total service offered by that contractor to a lawful disposal location;

(6) Yard waste removed from the premises by a gardening, landscaping, or tree trimming contractor as an incidental part of the total service offered by the contractor to a lawful point of disposal;

(7) Dead animals, bones, meat scraps or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste for purposes of salvage; provided that such persons shall reuse or recycle or cause to be reused or recycled all material collected, and shall not transport any collected materials to a disposal site;

(8) Solid waste which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to, rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious or hazardous substances; provided that all such wastes shall be deposited in an appropriate disposal area permitted pursuant to California State Solid and/or Hazardous Waste Management Standards; and

(9) Commercial edible food resulting from commercial establishments for the purposes of redistribution and recovery for consumption.

Any transportation of solid waste collected in the city authorized by this section must be transported to a materials handling, recovery, transfer, or disposal facility, or site permitted by CalRecycle in strict compliance with any and all requirements of this chapter related to transportation and any regulations issued hereunder.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 12, 9-10-2020)

Except as otherwise provided by this chapter, all solid waste created, produced or accumulated in or about a residential premise situated in the city, shall be collected in a solid waste cart, and removed from the premises by the franchisee with a residential franchise at least once every week. All solid waste, created, produced or accumulated in or about any commercial premise with a fixed location shall be removed from the premises by a franchisee with a commercial franchise at least once every week. All solid waste, created, produced or accumulated in or about any mixed-use premise with a fixed location shall be removed from the premises by a franchisee at least once every week. Pursuant to regulations issued as required by section 74-2, the general services department may require a greater or lesser number of collections consistent with proper sanitation requirements. It is unlawful for the responsible person of any of such premises to fail or neglect to provide for the removal of solid waste as required by this section or regulations issued under this chapter. Each day's violation of this section shall be treated and considered to be a separate and distinct offense.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 13, 9-10-2020)

(a) Except as otherwise expressly provided by this chapter, the responsible person of every commercial premise, mixed use premise and residential premise located within the city shall subscribe to a solid waste collection service operating pursuant to this chapter. Each business (DBA) and/or residential unit with a separate address and each separate business unit and each separate dwelling unit, under separate rental agreement, with a common address located on such parcel shall subscribe to such solid waste collection service.

(b) Exceptions to this mandatory service requirement are listed in sections 74-38 and 74-138 of this chapter, but in any case any parcel owner of a five-acre or larger parcel may submit a written request for an exemption from mandatory service to the director, who will consider such requests on a case by case basis. The general services director and/or his or her designees, will submit a written response within 30 days of receipt of a written request either approving or denying the exemption from mandatory service.

(c) The department may, in connection with solid waste collection mandated by this section, adopt and issue from time to time, pursuant to section 74-2, regulations which prescribe the type, capacity and number of containers; the permissible loaded weight of containers; the weight, size, and method of packaging nonputrescible wastes; and may designate the location of solid waste collection containers and packages to be set out for collection. The department may also issue regulations for remotely located accounts that provide for exempting, by the department, any such remote account from the mandatory service requirement of this section or that provides for a special fee, set by the department, for service provided to any such remote account.

(d) The collection of solid waste shall include subscription to designated recyclable materials and/or designated organic recyclable materials collection with the same franchisee. The department may issue written approval via an alternative exemption and compliance form, pursuant to section 74-129.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 14, 9-10-2020)

No person shall accumulate or cause to be accumulated any refuse or leaves on or in any public street, gutter or sidewalk within the city, except in conformance with refuse collection regulations promulgated by the department pursuant to section 74-2.

(Ord. No. 2007-09, § 2, 7-19-2007)

No owner, tenant or occupant of any premises in the city, whether vacant or improved, shall allow any accumulation of solid waste to remain thereon for longer than two weeks if such solid waste is within 400 feet of any dwelling unit or commercial building, for more than four weeks if beyond such distance, nor for any period of time if such solid waste is determined by the department to constitute a nuisance and is directed to be removed.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 15, 9-10-2020)

Solid waste from building construction or demolition may be stored on site and in the open for a period of not more than four weeks, provided that such waste is not hazardous or noxious and does not constitute a public nuisance. Solid waste which may be transported by the wind shall be placed in suitable containers daily and removed as necessary. Adequate storage capacity shall be provided to prevent littering of surrounding areas.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 16, 9-10-2020)

Cross reference— Buildings and building regulations, ch. 18.

Sections 74-38, 74-39 and 74-41 shall not be applicable to the United States, the state, the county, this city, a special district or any other local public agency with respect to the accumulation, collection or transportation of solid waste resulting from operations of such agency.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 17, 9-10-2020)

The department shall, upon application, grant a written exemption from the mandatory collection service requirements established by section 74-39 and 74-40 for any commercial or mixed use premise which does not generate solid waste, and may grant such an exemption for any residential premise if it determines that the occupant has adequate and appropriate arrangements for the disposal of solid waste and required subscription to collection service would constitute an unreasonable hardship or impractical burden.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 18, 9-10-2020)

Under this chapter, no person, other than the customer who has contracted for service with a franchisee or a person with such customer's consent, shall deposit solid waste into a commercial solid waste bin, drop box or compactor placed in the city by a franchisee for the purpose of receiving solid waste.

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

It shall be unlawful for any person within the city, other than the franchisee to collect or remove solid waste placed by any person at a curb or in a container for collection.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 20, 9-10-2020)

Sections 74-36, 74-37, 74-39, 74-40, 74-41, 74-42, 74-43, 74-44, 74-45, 74-46 and 74-47 shall be enforced by the general services director, and/or his or her designee.

(Ord. No. 2007-09, § 2, 7-19-2007; Ord. No. 2020-008, § 21, 9-10-2020)