Citrus Heights Municipal Code Art. IV Recycling and Organics Recycling

Footnotes:

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Editor's note— Ord. No. 2020-008, § 23, adopted September 10, 2020, renamed article IV from business and multi-family recycling and organics recycling to recycling and organics recycling. Ord. No. 2016-003, § 1, adopted May 12, 2016, amended article IV, in its entirety to read as herein set out. Former article IV, §§ 74-128—74-158, pertained to business and multi-family recycling, and derived from Ord. No. 2008-17, adopted January 8, 2009.

It is the intent and purpose of this chapter to promote recycling and organics recycling by:

(1) Requiring commercial premise, mixed use premise or residential premise in the City of Citrus Heights to keep designated recyclable materials and/or designated organic recyclable materials separate from all other solid waste;

(2) Requiring commercial premise and mixed use premise to provide signs and labeled containers for the storage and collection of designated recyclable materials and/or designated organic recyclable materials;

(3) Requiring commercial premise and mixed use premise to either self-haul or enter into a written service agreement for the collection and subsequent recycling of designated recyclable materials and/or designated organic recyclable materials at an authorized or permitted processing facility; and

(4) Prohibiting the collection of solid waste to commercial premise and mixed use premise that are not subscribed to designated recyclable materials and/or designated organic recyclable materials collection with the same franchisee without written approval from the City for an alternative compliance and exemption form set forth in section 74-129(a)(3).

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 24, 9-10-2020)

As used in this article:

Authorization means the process of approving a recycler for collection and removal of recyclable materials from businesses and multi-family residential properties by the general services director and/or his or her designee.

Authorized recycler means any person or business entity who lawfully collects, accepts, transports or otherwise processes recyclable materials from businesses and multi-family properties for financial gain or profit, and has been certified and approved by the general services director and/or his or her designee.

Business means:

(1) A commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to, offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, and gas stations and automotive facilities; and

(2) Not-for profit organizations, including but not limited to, churches, hospitals, and social service organizations.

Certificate of operation means the license that an authorized recycler must obtain from the city before it may collect recyclable materials within the city boundaries.

City means the City of Citrus Heights, California.

Collection means the act of collecting and removing solid waste or recyclable materials or organic recyclable materials at the place of generation.

Commercial hauler or hauler means any person who collects, hauls, or transports commercial solid waste for a fee by use of any means, including but not limited to, a dumpster truck, roll-off truck, a side-load, front-load, or rear-load garbage truck, or a trailer.

Commercial solid waste means all solid waste as defined below and generated by commercial and industrial sources and multi-family residential properties, and that is collected by a franchised waste hauler.

Covered generator means all businesses and multi-family residential properties defined as covered generators in section 74-128 of this article. A covered generator may include a business or multi-family residential property owner or generator, and is dependent on whomever executes a contract(s) for solid waste removal and recycling collection services.

Customer means a business or multi-family residential property owner or generator who contracts for solid waste removal services and enters into a service agreement with a franchised waste hauler or an authorized recycler for recycling services and/or organics recycling services. Where several businesses or multi-family residential properties share garbage containers and service, "customer" refers only to the party whom enters into a contract for solid waste collection services.

Designated green materials or green materials means materials that are required to be separated by covered generators from solid waste and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Green materials include, but are not limited to: Yard trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste. Green materials excludes food scraps and paper contaminated with food scraps.

Designated organic recyclable materials or organic recyclable materials means materials that are required to be separated by covered generators from solid waste and designated recyclable materials prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products. Organic recyclable materials include, but are not limited to: Yard trimmings and food scraps such as green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, dairy waste, meat waste, fish waste, and paper contaminated with food scraps. The term "organic recyclable materials" solely means "designated green materials" when referencing multifamily residential property requirements.

Designated recyclable materials or recyclable materials means materials, as designated by the general services director and/or his or her designee, that are required to be separated by covered generators from solid waste prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products.

Franchise agreement means a commercial solid waste collection franchise agreement issued to a commercial hauler by the City of Citrus Heights.

Franchised waste hauler means a commercial waste hauler or hauler holding a franchise agreement issued by the city pursuant to section 74-166 of this Code. A franchised waste hauler may also collect, haul, or transport recyclable materials.

General services director means the General Services Director of the City of Citrus Heights, California.

Generator means each business or multi-family residential property that generates one or more designated recyclable materials or one or more designated organic recyclable materials as a result of its business activities or multi-family residential property activities.

Implementation period means the period of time between the effective date of this article and December 31, 2009.

Multi-family residential property means five or more residential dwelling units located on a single parcel of land, and any mobile home park, located within the city.

National contracts means contracts between waste management companies and multi-sited waste generating companies that operate throughout the country.

Organics recycling means the process of collecting, sorting and treating organic recyclable materials and/or designated green materials that would have otherwise become solid waste and returning them to a safe, nuisance-free compost product by treating the materials to a controlled biological decomposition.

Owner means the person who owns a business or multi-family residential property. An owner may also be a generator.

Person means an individual, firm, limited liability company, association, partnership, industry, public or private corporation, or any other entity whatsoever.

Recycling means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place. Recycling does not include transformation as defined in Public Resources Code § 40201. The term recycling may be used to include source separated materials.

Recycling facility means those facilities or operations that receive, process, and transfer to market recyclable materials or organic recyclable materials that have been source separated from the solid waste stream.

Recyclable materials container means any box, tub, cart, or other container placed inside each individual multi-family residential unit and in maintenance or work areas on the premises of covered generators that is made of metal, hard plastic or other similar material and is suitable for the collection of designated recyclable materials and designated organic recyclable materials pursuant to this article. Recycling materials containers must be approved by the city.

Recycling plan means the plan to be presented to all covered generators by their franchised waste hauler to document understanding of the requirements of this article and record the selected compliance option for each designated recyclable material and/or each designated organic recyclable material.

Removal means the act of removing solid wastes, recyclable material or organic recyclable material from the place of waste generation.

Self-haul, when used in reference to designated generated by a covered generator, means a covered generator, or employee designated by the covered generator, who collects, transports and hauls recyclable materials or organic recyclable materials from the business or multi-family residential property, in a vehicle owned by either an employee or the entity, to a recycling facility rather than hiring a franchised waste hauler or an franchised waste hauler to perform this function.

Self-hauling form means the form provided by the general services director, and/or his or her designee, on which a business or multi-family residential property, owner or generator, certifies that all self-hauling activities will be completed in accordance with the provisions of this article or any other applicable law or regulation.

Service agreement means a written agreement between a franchised waste hauler or franchised waste hauler and a covered generator concerning the collection of designated recyclable materials and/or designated organic recyclable materials.

Solid waste means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with § 25800) of Division 20 of the Health and Safety Code or medical waste. Solid waste does not include recyclable materials or organic recyclable materials set out for separate collection for the purposes of recycling or organics recycling, and that are not landfilled.

Source separate or source separated means the process of removing recyclable materials or organic recyclable materials from solid waste for the purpose of recycling and/or organics recycling.

Subcontract is a contract assigning some of the obligations of a contract to a third party.

(Ord. No. 2016-003, § 1, 5-12-2016)

Each commercial premise, mixed use premise or residential premise that generates more than the applicable amount of weekly solid waste established under the Act must make arrangements for the diversion of designated recyclable materials and/or organic recyclable materials, either through a collection service with a franchisee or by receiving an approval for an alternative compliance and exemption form from the city.

(Ord. No. 2020-008, § 25, 9-10-2020)

Editor's note— Ord. No. 2020-008, § 25, adopted September 10, 2020, amended § 74-128 in its entirety to read as herein set out. Former § 74-128, pertained to threshold for covered generators, and derived from Ord. No. 2016-003, adopted May 12, 2016.

(a) Each commercial premise, mixed use premise or residential premise subject to the requirements of section 74-128 must comply with the following requirements as applicable:

(1) Source separate designated recyclable materials and/or designated organic recyclable materials from solid waste.

(2) Provide for a basic level of recycling service and/or organics recycling service that includes, at a minimum, the collection of designated recyclable materials and/or designated organic recyclable materials.

(3) Commercial premises shall:

a. Enter into a written service agreement with a franchisee for the collection of garbage, designated recyclable materials and/or designated organic recyclable materials; or

b. Complete and submit a copy of an alternative compliance form to the city for approval. A copy of the approved alternative compliance and exemption form shall be maintained and made available to the general services director, and/or his or her designee, upon request; or

c. Complete and retain on-site an alternative compliance and exemption form certifying that all self-hauling activities will be completed in accordance with the provisions of this chapter or any other applicable law or regulation. A copy of such form shall be made available to the general services director, and/or his or her designee, upon request.

(4) Provide appropriate containers with prominent signage for designated recyclable materials and designated organic recyclable materials.

(5) Notify and instruct employees and tenants, in writing, of applicable source separation requirements, including a list of designated recyclable materials that are required to be source separated for designated recyclable materials and/or designated organic recyclable materials that are required to be source separated for recycling.

(b) Each commercial premise shall provide recyclable materials containers for designated recyclable materials and/or designated organic recyclable materials in maintenance and work areas where designated recyclable materials and/or designated organic recyclable materials may be collected and/or stored.

(c) Each commercial premise and mixed use premise shall prominently post and maintain one or more signs where designated recyclable materials and/or designated organic recyclable materials are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.

(d) Each commercial premise and mixed use premise shall ensure that designated recyclable materials and/or designated organic recyclable materials generated at their site will be taken only to a recycling facility, and not to a landfill for disposal, by complying with all requirements under this chapter.

(e) The service agreement or other documents pertaining to this chapter, shall be available for inspection by the general services director, and/or his or her designee, at the principal location of the commercial premise or mixed use premise during normal business hours.

(f) Nothing in this chapter shall abridge the right of any commercial premise or mixed use premise, or any other person, to sell or exchange at fair market value its own designated recyclable materials and/or designated organic recyclable materials which are source separated for reuse and recycling.

(g) No franchisee shall be held liable for the failure of its customers to comply with such regulations.

(h) No responsible person shall be liable for the failure of their franchisee to deliver designated recyclable materials and/or designated organic recyclable materials to a recycling or organics recycling facility.

(Ord. No. 2020-008, § 26, 9-10-2020)

Editor's note— Ord. No. 2020-008, § 26, adopted September 10, 2020, amended § 74-129 in its entirety to read as herein set out. Former § 74-129, pertained to requirements for covered generators, and derived from Ord. No. 2016-003, adopted May 12, 2016.

In addition to any and all requirements that apply to the recycling and/or organics recycling of designated recyclable materials and/or designated organic recyclable materials throughout the city listed above, collection service received or provided in the city shall be subject to the following additional special requirements:

(1) No recycling, automatic lift containers or bins within the collection area of the city shall be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, notwithstanding that such building may be abandoned or otherwise out of use.

(2) Compliance with the above special requirements shall be the sole responsibility of the covered generator.

(Ord. No. 2016-003, § 1, 5-12-2016)

(a) Designated recyclable materials and/or designated organic recyclable materials shall be source separated from solid waste before collection, removal, transportation or disposal pursuant to this chapter. The general services director, and/or his or her designee, shall specify designated recyclable materials and designated organic recyclable materials that must be source separated by all covered generators pursuant to section 74-129. The specifications for designated recyclable materials and designated organic recyclable materials shall consider materials market conditions and the availability of a cost-effective system for recycling such materials.

(b) Furthermore, all franchisees are encouraged to recycle additional materials, whether or not they have been specified as designated recyclable materials and designated organic recyclable materials.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 27, 9-10-2020)

(a) All designated recyclable materials and designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins shall be considered owned by and be the responsibility of the franchised waste hauler. Without permission of either the general services director, and/or his or her designee or the franchised waste hauler, no person shall collect designated recyclable materials and/or designated organic recyclable materials placed in automatic lift containers, bins or roll-off bins for recyclable materials and/or organic recyclable materials by customers.

(b) Except as authorized by section 74-138 (self-hauling) below, it shall be unlawful for any person to engage in the business of collecting, removing or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of designated recyclable materials and/or designated organic recyclable materials who is not a franchisee.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 28, 9-10-2020)

(a) Solid waste haulers shall be "franchised" pursuant to the provisions of chapter 74 of this Code, and such "franchise agreement" shall be in full force and effect.

(b) Franchisees shall offer collection service and automatic lift containers, bins or roll-off bins for designated recyclable materials and/or designated organic recyclable materials sufficient to accommodate the quantity and types of designated recyclable materials and designated organic recyclable materials to all its solid waste customers.

(c) Franchisees shall equip and provide automatic lift containers, bins and roll off bins for designated recyclable materials and/or designated organic recyclable materials with locks and/or other suitable features to prevent theft of recyclable materials.

(d) Franchisees may subcontract for collection of designated recyclable materials and/or designated organic recyclable materials, so long as the subcontractor holds a current franchise agreement.

(e) Franchisees shall conduct all activities in accordance with all applicable state and local laws and best management practices. Vehicles, equipment and containers shall be kept in a clean and well-maintained condition.

(f) Franchisees shall not take a customer's designated recyclable materials to a landfill or other disposal site, but to a recycling facility or designated organic recyclable materials to a landfill or other disposal site, but to an organics recycling facility.

(g) Franchisees, upon request, shall provide the general services director, and/or his or her designee, with a copy of a service agreement or other document (e.g., receipt from a recycling facility) demonstrating that the commercial premise, mixed use premise or residential premise designated recyclable materials and/or designated organic recyclable materials are being taken to a recycling facility. The service agreement or other documents shall be available for inspection by the general services director, and/or his or her designee, at the franchisee's place of business during normal business hours.

(h) City staff may audit all franchisees' records.

(i) Franchisee shall not provide garbage collection services to commercial premise or mixed use premise that are not subscribed to designated recyclable materials and designated organic recyclable materials collection with the same franchisee or without written approval from the city for alternative compliance and exemption form set forth in section 74-129(a)(3).

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 29, 9-10-2020)

(a) Franchisees shall execute a written service agreement [for] each commercial, mixed use premise and residential premise, as required in section 74-129 of this chapter, before the franchisee begins to collect garbage and/or designated recyclable materials and/or designated organic recyclable materials.

(b) Service agreements shall incorporate, but are not limited to, the following terms and conditions:

(1) Be clearly labeled as a service agreement;

(2) Describe the garbage and/or designated recyclable materials and/or designated organic recyclable material collection services and/or designated organics recyclable materials collection services to be provided by the franchisee, and the cost for providing such services to the customer;

(3) Clearly state the initial term and renewal terms;

(4) Include the condition, as applicable, that the franchised waste hauler cannot provide garbage collection services to a commercial premise or mixed use premise unless:

a. The commercial premise or mixed use premise is also receiving both recyclable materials and organics recyclable waste collection services from the franchised waste hauler; or

b. The city has received and provided the commercial premise or mixed use premise with written approval of its alternative compliance and exemption form request.

(5) May contain automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by certified or registered mail at least 60 days prior to termination date of the current agreement;

(6) May be amended as mutually agreed upon by the customer and the franchisee;

(7) Customers are to receive a written notice of price increases not less than 30 days prior to the effective date of such price increase;

(8) Franchisees shall respond to customer inquiries regarding the service agreement within 30 days;

(9) Include language stating that collection containers will be removed from the property of a customer within 30 days of final termination of services to the customer;

(10) Not require customers to pay over three months' liquidated damages during the renewal term and over six months' liquated damages during the initial term of the service agreement;

(11) Not require a customer to give a franchisee the exclusive right to provide designated recyclable materials collection and/or designated organic recyclable materials collection services as a condition of a service agreement, unless the customer affirmatively indicates that is its desire;

(12) Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer;

(13) Franchise agreements must be in full force and effect for the service agreement to be effective.

(14) The franchisee cannot provide garbage collection services unless the commercial premise or mixed use premise is also receiving both designated recyclable materials and designated organics recyclable waste collection without written approval from the city for an exemption or waiver set forth in section 74-129(a)(3).

(c) The requirements for service agreements contained in this section shall be incorporated into all new service agreements upon enactment of this chapter. Existing service agreements between a franchisee and a customer executed before the effective date of this chapter shall remain in force for the remainder of the existing contract and shall be governed by the terms and conditions specified in the existing service agreement, provided that such existing service agreements shall comply, to the extent allowable by law, with the new recycling and organics recycling programs established by this chapter.

(d) National contracts or agreements are exempt from the requirements of contract length and renewal terms.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 30, 9-10-2020)

Editor's note— Ord. No. 2020-008, § 31, adopted September 10, 2020, repealed § 74-135, which pertained to requirements for recycling plans and derived from Ord. No. 2016-003, adopted May 12, 2016.

Editor's note— Ord. No. 2020-008, § 32, adopted September 10, 2020, repealed § 74-136, which pertained to requirements for authorized recyclers and derived from Ord. No. 2016-003, adopted May 12, 2016.

(a) Multi-family residential tenants shall be responsible for compliance with the requirement to source-separate designated recyclable materials and/or designated organic materials from solid waste pursuant to subsection 74-129(a)(1).

(b) No multi-family residential property owner pursuant to this chapter shall be cited for noncompliance with this chapter as a result of the failure of his or her rental property tenants to source separate designated recyclable materials and/or designated organic materials from solid waste pursuant to subsection 74-129(a)(1).

(c) Multi-family residential property owners who are covered generators pursuant to this chapter shall be responsible for compliance with subsections 74-129(a)(2), (3), (4), and (5), as well as subsections 74-129(b), (c), (d), and (e).

(d) Every multi-family residential unit shall have a designated recyclable material and/or designated organic recyclable materials container provided by either the multi-family residential property owner or by the multi-family residential tenant as part of their rental agreement.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 33, 9-10-2020)

(a) A responsible person may self-haul or transport designated recyclable materials and/or designated organic recyclable materials generated and collected at its commercial premise, mixed use premise, or residential premise to a recycling facility that diverts designated materials from disposal, rather than hiring a franchised waste hauler, only if a responsible person of the entity completes this activity by utilizing a vehicle owned by either an employee or the entity and has submitted an alternative compliance form to the city and received written approval for self-hauling activities.

(b) A responsible person that self-hauls or transports designated recyclable materials and/or designated organic recyclable materials under the provisions of this chapter shall follow established provisions pursuant to section 74-129.

(c) A responsible person that self-hauls or transports designated recyclable materials and/or designated organic recyclable materials generated and collected at its commercial premise, mixed use premise or residential premise to a recycling facility without the utilization of a franchisee must complete and retain on-site an approved alternative exemption and compliance form that certifies that all self-hauling activities will be completed in accordance with the provisions of this chapter and all applicable laws or regulations. The alternative compliance and exemption form shall be made available to the general services director, and/or his or her designee, upon request. At a minimum, the responsible person shall provide the following information on the alternative compliance and exemption form:

(1) The name, address and telephone number of the responsible person that is signing the alternative compliance and exemption form.

(2) A list of the types of designated recyclable materials and/or designated organic recyclable materials being self-hauled.

(3) For each type of designated recyclable material and/or designated organic recyclable material, the amount that is being taken from the commercial premise, mixed use premise or residential premise to a recycling and/or organics facility quarterly.

(4) The name and address of the recycling and/or organic recycling facility(ies).

(5) A written statement signed by the responsible person certifying that the responsible person at the commercial premise, mixed use premise or residential premise agrees to comply with the requirements of this chapter.

(d) The alternative compliance and exemption form shall contain a written statement signed by the responsible person at the commercial premise, mixed use premise or residential premise certifying that the owner or generator is in compliance with the requirements of this chapter.

(e) The general services director, and/or his or her designee, may restrict or prohibit self-hauling by a if the general services director, and/or his or her designee, determines, after providing 30-day written notice and an opportunity for a hearing, that the self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.

(f) The general services director, and/or his or her designee, will notify the responsible person at the commercial premise, mixed use premise or residential premise if the alternative compliance and exemption form has been approved within 14 days of receiving the submitted request.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 34, 9-10-2020)

(a) Within 30 days of written notification of denial, or within 60 days of general services director's and/or his or her designee's failure to act on the certificate, applicant has the right to meet with the general services director, and/or his or her designee, to review the items cited in the written notice and provide any additional evidence to support an approval. Within 15 days of such meeting, the general services director, and/or his or her designee, will make a final, written determination of the application based on the reviews of additional evidence, together with the original application. The general services director, and/or his or her designee, will send a copy via mail or email of all final, written determinations, including reasons for denial, if any, to both applicant and the city manager.

(b) Applicant may, within ten days after receiving the final denial from the general services director, and/or his or her designees, request a public hearing before the city council by submitting to the city clerk a written petition for an appeal hearing. If a public hearing is requested, the city clerk shall set the matter for hearing at the next possible regularly scheduled city council meeting or any later date as agreed upon by the applicant and city clerk. At such hearing, applicant may present evidence in writing and through testimony of its employees and others relevant to the application. During such hearing, the city council may demand from the applicant such additional information as the city council may deem relevant and necessary. Standard rules of evidence are not in effect at such public hearing, and the applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. Any hearing may be continued or adjourned to a stated time and place without the giving of further notice. The city council will provide applicant with a written explanation of its determination on the application within 30 days of such hearing. The city council's decision is final.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 35, 9-10-2020)

(a) Franchisees shall provide the following reports to the city, no later than the last day of the month for the preceding reporting period. Reporting shall occur on a quarterly basis, or as requested by the general services director and/or his or her designee. Reports shall include, at a minimum, the following information:

(1) The total number of commercial premise, mixed use premise and residential premises in the city that are in compliance with the Act;

(2) The total number of commercial premise, mixed use premise and residential premises that are customers of the franchisee in the city;

(3) The total number of commercial premise, mixed use premise and residential premises that remain in violation of the Act for any reason;

(4) The total weekly cubic yards of garbage collection service, designated recyclable materials, and/or designated organic recyclable materials collection service provided to commercial premise, mixed use premise and residential premises during the reporting period.

(b) If the quarterly report is not filed by the due dates above, the report shall be deemed delinquent and the franchisee shall pay to the city a delinquent report charge in the amount of $50.00 per day. If the report remains delinquent for more than 15 days, the franchisee shall pay to the city a delinquent report charge in the amount of $100.00 per day.

(c) Franchisee's failure to file the reports required by this chapter shall constitute cause for termination or suspension the franchisee's franchise pursuant to chapter 74 of the city Municipal Code.

(d) Self-haulers shall prepare quarterly reports to be kept on site identifying, at a minimum, the following:

(1) The designated recyclable materials and/or designated organic recyclable materials tonnage collected and removed within the city limits during the previous quarter.

(2) The location of the recycling facility(s) to which the recyclable materials were taken and/or the location of the organics recycling facility(s) to which the organic recyclable materials were taken during the previous quarter.

(e) The general services director, and/or his or her designee, shall provide and establish guidelines, forms and other appropriate material to assist franchisees and self-haulers in preparing the reports required by this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 36, 9-10-2020)

(a) Notwithstanding any other provision herein, a commercial premise or mixed use premise shall be exempt from the recycling requirements of this chapter if the owner or generator subscribes to less than the applicable amount of weekly solid waste established under the Act.

(b) Notwithstanding any other provision herein, a commercial, mixed use premise or residential premise shall not be required to source separate recyclable materials and/or organic recyclable materials if the responsible person demonstrates to the general services director and/or his or her designee that there is no collection service or other system available for recycling and/or organics recycling of such material.

(c) Notwithstanding any other provision herein, a commercial premise, mixed use premise or residential premise shall be exempt from the designated recyclable materials and/or designated organics recyclable materials requirements in section 74-129 if all of the generators on the commercial premise, mixed use premise or residential are exempt from or not required to comply with the provisions of section 74-129, or if designated recyclable materials and/or designated organics recyclable materials are not being generated by any activities occurring on the property.

(d) Commercial premise, or mixed use premise may be exempted by the general services director, and/or his or her designee, if it is determined through a site visit that:

(1) That there is not adequate storage space for automatic lift containers, rolling carts, bins or roll-off bins for designated recyclable materials and/or designated organic recyclable materials on site and that it is infeasible for the premise to share automatic lift containers, rolling carts, bins or roll-off bins for designated recyclable materials and/or designated organic recyclable materials with another premise on an adjoining property; or

(2) That compliance with this chapter results in a violation of the city's zoning code, including city zoning regulations for minimum parking spaces. If the general services director, and/or his or her designee, determines that it is feasible for recycling containers to be placed on site or shared with an adjoining generator, the responsible person at the premise will be responsible for compliance with this chapter.

(e) An application for an exemption shall be submitted to the general services director, and/or his or her designee, on a form prescribed by the general services director, and/or his or her designee. After reviewing the request, the general services director, and/or his or her designee, shall either approve or disapprove the exemption request.

(f) The following persons shall automatically be exempt from the requirements of this chapter:

(1) The United States, State of California, a city, the county, a special district or other local public agency, or any employee or member of the Armed Forces thereof, when collecting or transporting designated recyclable materials and/or designated organic recyclable materials produced by operation of the public entity under a system of recyclable materials' collection and transportation operated and maintained by the public agency within the city limits as specified herein and in this chapter.

(2) Municipal corporations and other governmental agencies using their own vehicles and employees engaged in the collection, transportation or disposal of designated recyclable materials and/or designated organic recyclable materials within the city.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 37, 9-10-2020)

(a) The general services director, and/or his or her designee, is authorized to make and enforce administrative rules and regulations governing designated recyclable materials and designated organics recyclable materials at residential premises, commercial premises or mixed use premises, and all related activities including recycling, organics recycling, and commercial solid waste generation, storage, recovery, accumulation, collection, removal, transportation and disposal; the manner in which commercial garbage, designated recyclable material, and designated organic recyclable material services are provided; types of commercial garbage, recycling, and organics containers and vehicles used for the operation and maintenance of sanitary methods of commercial garbage, recycling, and organics recycling disposal; reporting requirements for franchised waste haulers and self-haulers; and for the effective administration of this chapter. All such rules and regulations shall be consistent with the provisions of the city Municipal Code and shall be effective on the thirtieth day following the filing of any such rules and regulations with the city clerk.

(b) The city council may, and is hereby empowered to, grant to a qualified applicant a non-exclusive franchise to engage in the business of collecting, transporting or disposing of commercial solid waste or designated recyclable materials or designated organic recyclable materials kept, accumulated or generated in the city limits.

(c) The city council may, directly or by delegating such authority by ordinance or resolution, grant franchises based on compliance with this chapter. Any grant of a franchise by the city council may be subject to such terms, conditions, rules, regulations, restrictions, and limitations, as the city council deems necessary to protect the public health, safety, or welfare.

(d) The city council hereby empowers and grants to the general services director, and/or his or her designee, the authority to enter into commercial non-exclusive collection service agreements (commercial non-exclusive franchises) with franchisees, to make administrative and non-substantive changes to certificates of operation forms, to specify designated recyclable materials and designated organic recyclable materials, and make administrative rules and regulations governing covered generators.

(e) The city council hereby empowers and grants to the general services director, and/or his or her designee, the authority to administer, implement and enforce this chapter and administrative rules and regulations governing commercial premises, mixed use premise and residential premise designated recyclable materials collection and/or designated organics recyclable material collection thereafter.

(f) It shall be unlawful and constitute a violation of this chapter for any person to violate or otherwise fail to comply with any rule or regulation issued pursuant to this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 38, 9-10-2020)

In addition to all other rights reserved to the city, the following shall apply:

(1) There is hereby reserved to the city every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful code, title or resolution of the city, whether enacted before or after the effective date of this chapter.

(2) Neither the granting of any franchise or authorization, nor any provision of any franchise or authorization, shall constitute a waiver of or a bar to exercise of any governmental right or power of the city.

(3) The grantee receiving any type of franchise agreement, license or certificate to collect recyclable materials and/or organic recyclable materials shall have no recourse whatsoever against the city, its officers, employees or agents, or any of the city member entities, their officers, employees, or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter, commercial or residential franchise agreement issued under this chapter or because of the enforcement of this chapter.

(4) There is hereby expressly reserved to the city council the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the franchisee, commercial premise, mixed use premise or residential premise.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 39, 9-10-2020)

(a) The administration of this chapter is the duty of the general services director, and/or his or her designee. The general services director, and/or his or her designee, is authorized and directed by the city council to administer this chapter.

(b) Commercial franchise fees may be used to fund solid waste related activities, including, but not limited to, administration, implementation and enforcement costs, road maintenance, and capital costs as programmed and adopted in the city budget.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2016-013, § 2, 12-8-2016; Ord. No. 2020-008, § 40, 9-10-2020)

Editor's note— Ord. No. 2016-013, § 2, adopted December 8, 2016, set out provisions intended for amendment of § 74-143. As § 74-143 was renumbered as § 74-144 by Ord. No. 2016-003, adopted May 12, 2016, at the editor's discretion, these provisions have been included as § 74-144.

(a) It shall be unlawful to combine designated recyclable materials and designated organic recyclable materials with garbage. Failure of a residential premise, commercial premise or mixed use premise to source separate designated recyclable materials and/or designated organic recyclable materials for recycling or organics recycling is a violation of this chapter.

(b) It shall be unlawful for franchisees to commingle materials in garbage bins or carts with materials in recycling bins or carts and/or organics recycling bins or carts in one collection vehicle.

(c) It shall be the responsibility of the responsible person whose garbage was not removed because it contained designated recyclable materials and/or designated organic recyclable materials to properly separate designated recyclable materials and/or designated organic recyclable materials from the uncollected garbage for proper recycling and/or organics recycling. Allowing such unseparated garbage to accumulate will be considered a violation of this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 41, 9-10-2020)

The implementation and enforcement of chapter IV is the duty of the general services director, and/or his or her designee, of the city's general services department. The general services director, and/or his or her designee, is authorized and directed by the city council to implement and enforce this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 42, 9-10-2020)

(a) The general services director, and/or his or her designee, may post notices on automatic lift containers, bins and roll-off bins that are used for solid waste collection and the collection of designated recyclable materials, and the collection of designated organic recyclable materials within the city limits if the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter, including, but not limited to, any regulation, franchise requirement, franchise agreement, information request, order, variance, or other requirement that the general services director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter.

(b) A notice shall remain on automatic lift containers, bins and roll-off bins that are used for solid waste collection and the collection of designated recyclable materials, and the collection of designated organic recyclable materials within the city so long as the owner of the automatic lift containers, bins and roll-off bins is in violation of this chapter. The notice shall be posted on the automatic lift container, bin, and/or roll-off bin so as to be clearly visible to the general public and include all of the following information:

(1) The date the notice was posted on the container.

(2) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, business or multi-family residential property.

(3) The name and contact telephone number of the agency posting the notice on the property.

(4) The city Municipal Code section that has been violated.

(5) A statement that it is unlawful for any person to engage in the business of collecting, transporting or disposing of commercial solid waste kept, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial solid waste service in the city unless a franchise has first been granted pursuant to the provisions of this chapter and such a franchise is in full force and effect.

(c) A statement that a person violating the posted notice is subject to criminal penalties pursuant to city code and administrative civil penalties in an amount of up to $1,000.00 per day for each violation.

(d) A statement that a person disturbing or destroying the posted notice is subject to administrative civil penalties in an amount of up to $1,000.00, in addition to any other remedies provided by this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 43, 9-10-2020)

The general services director, and/or his or her designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, franchise requirement, franchise agreement, information request, order, variance, or other requirement that the general services director, and/or his or her designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in the issuance of a notice of administrative enforcement order pursuant to this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 44, 9-10-2020)

(a) In addition to any other content, a notice of violation shall contain the following elements:

(1) A statement of the general services director, and/or his or her designee, that indicates a violation has occurred.

(2) A citation of the provision of this chapter, including any regulation, franchise requirement, franchise agreement, information request, order, variance, or other requirement that has been violated.

(3) A date by which any person must be in compliance with this chapter including any regulation, franchise requirement, franchise agreement, information request, order, variance, or other requirement, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The general services director, and/or his or her designee, may extend the compliance date when good cause exists for such an extension.

(4) Notification that continued non-compliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

(5) Notification that the city may recover any costs incurred by the city as a result of the violation.

(6) Notification that a violation of this chapter may result in an administrative civil penalty or in criminal penalties.

(7) Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the general services director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).

(b) In addition to any other content, a notice of violation may establish required corrective actions, including the following:

(1) Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

(2) A requirement that the person receiving same shall submit written certification to the general services director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to, receipts, contracts, or photographs.

(3) Any other terms or conditions reasonably calculated to prevent additional violations of this chapter.

(c) An administrative enforcement order may be issued separately, but only after issuance of a notice of violation, or in combination with a notice and order, for the same violations or set of related violations.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 45, 9-10-2020)

(a) If the general services director, and/or his or her designee, determines that a responsible person or franchisee, has committed or is committing, a violation of any provision of this chapter, the general services director, and/or his or her designee, may issue an administrative enforcement order, after issuing a notice of violation or in combination with a notice of violation, requiring that the violation be corrected and imposing an administrative penalty.

(b) Pursuant to this chapter, the violator shall be liable for a penalty consistent with the requirements of the Act or of not more than $1,000.00 for each day on which each violation occurs and/or continues, whichever is greater.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 46, 9-10-2020)

(a) In addition to any other content, an administrative enforcement order shall contain the following elements:

(1) A statement of the general services director, and/or his or her designee's, that indicates a violation has occurred.

(2) A citation of the provision of this chapter including any regulation, franchise requirement, franchise agreement, information request, order, variance, or other requirement that has been violated.

(3) A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The general services director, and/or his or designee, may extend in writing the compliance date when good cause exists for such an extension.

(4) Notification that continued non-compliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

(5) Notification that the city may recover any costs incurred by the city as a result of the violation.

(6) Notification as to whether an administrative civil penalty is imposed and the terms and conditions of payment, if any. In establishing the penalty amount, the general services director, and/or his or her designee, shall take into consideration:

a. The nature, circumstances, extent, and gravity of the violation;

b. The violator's past and present efforts towards compliant behavior;

c. The violator's ability to pay the penalty;

d. The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.

(7) Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the general services director, and/or his or her designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).

(8) Notification that the recipient has a right to a hearing on the matter as set forth in this chapter to appeal any findings or required corrective actions established by the general services director, and/or his or her designee.

(9) Notification of procedures for requesting a hearing under in this chapter.

(b) In addition to any other content, an administrative enforcement order may establish required corrective actions, including the following:

(1) Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of prohibited actions.

b. Correction of prohibited conditions.

c. A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

(2) A requirement that the person receiving same shall submit written certification to the general services director, and/or his or her designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including, but not limited to, receipts, contracts, or photographs.

(3) Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this chapter.

(c) A notice of violation or an administrative enforcement order may be issued separately or in combination with another notice or order for the same violations or set of related violations.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 47, 9-10-2020)

Any notice of violation, franchise agreement revocation, administrative enforcement order or other enforcement action pursuant to the requirements of this chapter shall be subject to the following requirements:

(1) Delivery shall be deemed complete upon either personal delivery to the recipient or by certified mail.

(2) Where the recipient of the notice or order is the responsible person of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.

(3) Where the responsible person of any premises cannot be located after reasonable efforts of the general services director, and/or his or her designee, the notice or order shall be deemed delivered after posting on the premises for a period of ten business days.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 48, 9-10-2020)

(a) Hearing request. Any responsible person served with an administrative enforcement order issued pursuant to this chapter may contest the order on the basis that there was no violation of this chapter or that he or she is not the responsible party. To contest the order, the person shall submit a request for hearing form to the city within 15 days from the date of the administrative enforcement order. Directions on how to obtain the request form will be provided on the order.

(b) Filing fee. The completed request must be submitted together with a filing fee, established and amended from time to time by the general services director, and/or his or her designee, based on actual expense to conduct the hearing by the hearing officer.

(c) Notice of hearing. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten days before the date of the hearing.

(d) Additional reports. If the general services director, and/or his or her designee, submits an additional written report concerning the administrative enforcement order to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 49, 9-10-2020)

A hearing officer will be assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings.

(Ord. No. 2016-003, § 1, 5-12-2016)

(a) Setting the hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least ten days before the hearing. If the general services director, and/or his or her designee, submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the filing fee has been paid in advance as required in this chapter.

(b) Failure to appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

(c) At the hearing. The administrative enforcement order and any additional report submitted by the general services director, and/or his or her designee, shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.

(d) Continuances. The hearing officer may continue the hearing and may request additional information from the general services director, and/or his or her designee, or the person receiving the administrative enforcement order before issuing the decision.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 50, 9-10-2020)

(a) Following the hearing, the hearing officer shall issue an order in writing no later than 30 days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:

(1) Confirmation or denial of the occurrence of violations of this chapter that are alleged by the general services director, and/or his or her designee;

(2) Confirmation or rejection of any administrative civil penalty sought by the general services director, and/or his or her designee, and establishment of the monetary amount of any administrative civil penalty to be enforced; and

(3) Confirmation, amendment, or rejection of required corrective actions related to compliance with this chapter that are imposed by the general services director, and/or his or her designee, but only if those requirements are appealed by the person.

(b) The hearing officer's order shall uphold required corrective actions if the responsible person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this chapter. The hearing officer's order may amend or reject required corrective actions provided that compliance with this chapter will be achieved.

(c) The hearing officer's order shall inform the responsible person that failure to comply with the hearing officer's order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.

(d) The hearing officer's order shall inform the responsible person that the time and manner by which a person may file a challenge to the hearing officer's order is governed by Government Code § 53069.4, or any successor provision thereto.

(e) The order issued by the hearing officer pursuant to this chapter shall be effective upon issuance. The decision of the hearing officer is final and may not be appealed.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 51, 9-10-2020)

(a) Any administrative penalty due shall be paid to the city within 30 days after the hearing officer's decision is issued. If the penalty is not timely paid, the general services director, and/or his or her designee, may pursue all reasonable and legal means in collecting those sums authorized and due.

(b) All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the general services director and/or his or her designee, enforcing this chapter, and shall be expended to fund the activities of the department to implement the applicable provisions of this chapter.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 52, 9-10-2020)

This chapter does not do any of the following:

(1) Otherwise affect the authority of the general services director, and/or his or her designee, to take any other action authorized by any other provision of law.

(2) Restrict the power of a city attorney, district attorney, or the attorney general to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.

(3) Prevent the general services director, and/or his or her designee, from cooperating with, or participating in, proceedings specified in subsection 74-157(b) above.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 53, 9-10-2020)

In addition to the administrative penalties imposed by section 74-149 of this chapter, the city may seek all other legal remedies available under state law and under this Code, including, but not limited to, criminal sanctions.

(Ord. No. 2016-003, § 1, 5-12-2016; Ord. No. 2020-008, § 54, 9-10-2020)