Clearlake Municipal Code § 11-3 Solid Waste Collection

Prior ordinance history: Ordinance Nos. 27, Ord-67-96.

Unless it is apparent from the content of this section that another meaning is intended, the following words and terms shall be defined as set forth in this subsection. a. MANAGER means the City Manager or his or her designee. The Manager(s) shall administer and enforce the provisions of this section. b. AGREEMENT or COLLECTION AGREEMENT means an agreement between a contractor and the City for the collection and disposal of refuse, green waste or recyclable materials from the City. c. BUSINESS ESTABLISHMENT means any commercial, industrial or nonresidential unit, any trailer park, any hotel or motel or any building in which a combination of residential and commercial and/or industrial uses exist and for which a single or more frequent collection is made per week. d. COLLECTION means the operation of gathering together and transporting to the point of disposal all refuse, green waste or recyclable materials. e. CONTRACTOR means the company that is awarded an exclusive or nonexclusive refuse, recyclable materials and/or green waste collection agreement. f. DESIGNATED GREEN WASTE FACILITY(IES) means a properly licensed facility which has been designated by the City as a location to which the contractor shall transport and deliver green waste. g. DESIGNATED RECYCLING FACILITY(IES) means a properly licensed facility which has been designated by the City as a location to which the contractor shall transport and deliver recyclable materials. h. DISPOSAL means the complete operation of treating and/or disposing of the accumulation of refuse and the product or residue arising from such treatment or, in the case of recyclable materials, the delivery of such materials to a designated recycling facility(ies). i. PERSON includes firms, corporations, associations, partnerships, societies, church organizations and individuals. j. RECYCLABLE MATERIALS means paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other materials which have been segregated from solid waste materials for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to the designated recycling facility(ies).

k. GREEN WASTE means tree and shrubbery, trimmings, grass, weeds, straw or leaves, wood chips and other household garden organic materials which have been segregated from solid waste materials for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to the designated green waste facility(ies). l. REFUSE means all garbage and other waste material, including, but not limited to, trees and shrubbery trimmings, grass, weeds, straws or leaves; chips; paper, pasteboard or material; crockery, glass or pieces thereof; ashes or cinders; shells; bottles; cans; metal; all other kinds of rubbish, trash or waste which ordinarily accumulate in the operation of a household or a business; and material resulting from building or construction operations. Refuse does not include recyclable materials or green waste which have been segregated from other solid waste for the purpose of collection by contractor and transportation to the designated recycling facility(ies) or the designated green waste facility(ies), as appropriate. m. RESIDENTIAL UNIT means a building or portion of a building used for dwelling purposes by an individual family or group of persons. (Ord. #2011-153; Ord. #2012-153)

No person shall dump, place or bury in any lot, land or street, alley or in any water or waterway within the City refuse, green waste or recyclable materials. Notwithstanding the foregoing, compost piles shall be permissible provided they are not maintained in a manner that otherwise constitutes a public nuisance. (Ord. #2011-153)

No person owning or occupying a business establishment or residential unit, lot or premises in the City shall suffer, allow or permit to collect and remain upon the lot or premises, business establishment or residential unit any refuse or green waste, except between the normal collection pickups. This provision shall not be construed as interfering with construction pursuant to a valid building permit. (Ord. #2011-153)

a. No refuse shall be burned within the City without the authorization of the Chief of the Lake County Fire Protection District, except as provided for in paragraph c. of this subsection. b. Anyone who ignites or otherwise causes, or who assists, counsels, procures or maintains any burning in violation of this subsection thereby violates this section. c. Notwithstanding the language of paragraph a. of this subsection, the burning of waste matter within screened fireplaces or incinerators designed for such purposes shall not constitute a violation of this section, so long as such burning conforms to otherwise applicable State law. (Ord. #2011-153)

a. Every person who owns, occupies, resides in, manages or is in charge of any business establishment, residential unit or place under the control and jurisdiction of any governmental agency or nonprofit organization, including, but not limited to, hospitals, churches and educational institutions, shall have available at the establishments, units and places (hereinafter referred to as “locations”) whenever refuse is created or accumulated thereon one or more refuse receptacles in which receptacles the persons shall place and continually contain the refuse at all times from the time of its creation and initial accumulation to the time and date of its collection and removal by the contractor pursuant to the provisions of his or her agreement with the City. b. Every person who owns, occupies, resides in, manages or is in charge of any business establishment, residential unit or place under the control and jurisdiction of any governmental agency or nonprofit organization, including, but not limited to, hospitals, churches and educational institutions, in an area in which the City has established a recycling program shall have available at the location one or more receptacles which shall be used for the accumulation and segregation of recyclable materials to be placed for collection and removal by the contractor pursuant to the provisions of the agreement with the City. c. Every person who owns, occupies, resides in, manages or is in charge of any business establishment, residential unit or place under the control and jurisdiction of any governmental agency or nonprofit organization, including, but not limited to, hospitals, churches and educational institutions, in an area in which the City has established a green waste program shall have available at the location one or more receptacles which shall be used for the accumulation and segregation of green waste to be placed for collection and removal by the contractor pursuant to the provisions of the agreement with the City. d. The receptacles shall be of the type, color and material set forth in the contractor’s agreement and approved by the City Council. e. The receptacles and their content shall be kept and maintained by the persons upon the location on which the refuse, recyclable material or green waste is created or accumulates and shall not be stored in the front yard setback area of the location, except when the receptacle is placed in front of the location for collection by the contractor. The receptacles shall not be so placed for the collection at a time which is more than twenty-four (24) hours from the scheduled time of collection by the contractor, nor shall such receptacle be allowed to remain in front of the location more than twenty-four (24) hours after the actual collection of its contents. f. The scheduled time of collection shall be that time for such as provided in the agreement between the contractor and the City regarding collection of refuse, green waste or recyclable materials or as otherwise established by the City. g. When a receptacle, as described in this subsection, is placed for collection, it shall be placed in front of the location on which the refuse, green waste or recyclable material was created and accumulated. If a curb exists in front of the location, the receptacle shall be placed in front of the curb. No receptacle shall be located in any portion of a public right-of-way which is used by or designed for the use of vehicles and/or pedestrians, except for those public rights-of-way at the rear of a location, wherever the Manager determines a receptacle may be placed for the collection and removal of the contents thereof, if the receptacle, as so located, does not in any way constitute an obstruction to the passage of pedestrian and vehicular traffic through the right-of-way. (Ord. #2011-153; Ord. #2012-153)

All receptacles shall be kept in clean and sanitary condition by the owner or person using the same, and receptacles shall be kept tightly covered at all times, except when refuse, green waste or recyclable material is being deposited or removed and shall at all times be secure against access by vermin or vectors to the contents thereof and free from leaks. If the provisions of this subsection are not fully complied with, the contractor shall place a tag on the receptacle so stating; thereafter the receptacle shall be considered as condemned and unfit for service and in violation of the provisions of this section. (Ord. #2011-153)

No person other than the owner, agent or employee of the owner of a receptacle for holding refuse, green waste or recyclable materials, whether or not it conforms with the provisions of this section, shall place any substance or material in or tamper or meddle with such receptacle or its contents. No person other than a duly authorized employee of the City engaged in the collection and removal of garbage or a contractor or employee of a contractor shall move such receptacle from the place where it is placed by the owner or remove the contents of the receptacle. (Ord. #2011-153)

a. No person shall collect any refuse, recyclable materials or green waste from any commercial premises or residential premises within the City, place a refuse bin, container, or other receptacle for refuse at any premises within the City, or collect, transfer, or remove refuse, recyclable materials or green waste within the City, unless that person holds an agreement with the City for such collection or receptacle placement. Each day any person shall collect any refuse from any commercial premises or residential premises within the City, place a refuse bin, container, or other receptacle for refuse at any premises within the City, or collect, transfer, or remove refuse within the City without an agreement with the City for doing so shall constitute a separate offense. b. The prohibitions in paragraph a. shall not apply to a person who hauls refuse, recyclable materials and green waste generated from that person’s own residence, to a properly licensed landfill, material recovery facility, transfer station, or other facility permitted to accept such material. c. The prohibitions in paragraph a. shall not apply to any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material, provided that if the generator of the recyclable material is required to pay the collector of the recyclable materials any monetary or non-monetary consideration relating in any way, directly or indirectly, to the collection, transportation, transfer, or processing of the recyclable material, or for the lease or use of receptacles, this exclusion shall not apply. d. The prohibitions in paragraph a. shall not apply to a licensed gardening, landscaping or tree trimming contractor using its own employees and owned equipment and vehicles to remove green waste from a business establishment or residential unit as an incidental part of a comprehensive service offered by such contractor, rather than as a green waste hauling or collection service. All green waste shall be disposed of at a properly licensed landfill, material recovery facility, transfer station, or other facility permitted to accept such material. (Ord. #2011-153)

a. No person other than the contractor may place a receptacle within the City for the collection of solid waste, recyclables, or green waste, unless such collection is authorized by subsection 11-3.8. b. The City shall notify, in writing, any person that violates this subsection that the prompt and permanent removal of an unauthorized receptacle from the place or premises is required. The City shall deliver such written notice by posting a copy of the notice prominently upon the receptacle, provided that if the receptacle is not on a public street, in the driveway of a residential property or in an area open to the public of a commercial or industrial property, the written consent of the owner or occupant of any private property where a receptacle is placed shall be obtained prior to going on the property to give notice. If the receptacle is identified with the name and telephone number of the enterprise servicing it, the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice. If notice is provided by the contractor under a delegation of authority pursuant to paragraph d, the contractor shall promptly provide the City with a copy of the notice, and shall not enter onto private property to provide such notice. Where the notice cannot be physically delivered or placed on the receptacle due to the inability to enter onto private property or the refusal of consent by the owner, the notice may be given to the owner or occupant by nationally-recognized overnight courier (e.g., Federal Express) or by certified mail, return receipt requested. c. The City may impound or cause to be impounded any receptacle located on a public street, or located on private property with the written consent of the owner or occupant of the property where the receptacle is located, if the enterprise servicing it does not permanently remove it from the place or premises within the time set forth in the notice, which time shall be not less than twenty-four (24) hours after posting or delivery of the notice, nor less than six (6) business hours after telephonic notification, if any. For purposes of this section, “business hours” shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. If the receptacle is impounded by the City’s contractor under a delegation of authority pursuant to paragraph d, the contractor may not enter upon private property, and the contractor shall immediately inform the City in writing of the impoundment, promptly dispose of the contents of the receptacle at a permitted disposal facility, and shall store the receptacle in a legally permitted storage area that complies with all applicable local land use regulations. Any person that violates paragraph a. or e. of this subsection shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage, and handling of such receptacle by the City. A receptacle impounded pursuant to this paragraph shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. d. The Manager may delegate to the City’s contractor the authority to serve notice of a violation of this subsection, to impound unauthorized receptacles, and to collect the fines and charges levied by the City, provided that any such delegation of authority shall require strict compliance by the contractor with this subsection. Where the contractor is unable to deliver the notice due to the inability to enter onto private property, it is authorized to provide the notice to the owner or occupant by nationally-recognized overnight courier (e.g., Federal Express) or by certified mail, return receipt requested. Prior to the contractor’s exercise of any such delegated authority, the contractor shall provide the City with a written agreement in a form reasonably satisfactory to the City indemnifying and holding harmless the City against all claims and causes of action arising out of the contractor’s actions to impound and/or store bins, containers, and waste receptacles, and amending the contractor’s collection agreement to reflect that impoundments performed without full compliance with this subsection, and failures to provide notice as required by this subsection, shall be deemed violations of the collection agreement. The Manager may revoke this delegation of authority at any time in his or her sole discretion, and the agreement provided by the contractor pursuant to this paragraph shall acknowledge that any such revocation shall not be deemed a breach of the collection agreement. e. Upon posting of a written notice of violation upon an unauthorized receptacle, the customer using the unauthorized receptacle shall immediately cease placing refuse, recyclable materials or green waste therein. f. Any person who violates or neglects to comply with paragraph a. or e. of this subsection or any resolution or regulation promulgated pursuant thereto, shall be guilty of an infraction, with each and every day or portion thereof during which any such violation is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this subsection. Each such violation shall be punishable by a fine not exceeding one hundred ($100.00) dollars for the first violation; two hundred ($200.00) dollars for the second violation within one (1) year of the first violation; and two hundred fifty ($250.00) dollars for each additional violation within one (1) year of the first violation. The City Council may increase the fines set forth in this paragraph by resolution. (Ord. #2011-153; Ord. #2012-153)

a. All refuse, recyclables and green waste shall be collected, removed and disposed in such a manner as not to be needlessly offensive and filthy in relation to any person, residential unit or business establishment. No person shall use a vehicle for the conveyance of refuse, recyclable materials, green waste or any offensive or ill-smelling matter, unless the vehicle is staunch, tight and closely covered with a metal or canvas cover or equivalent cover so as to wholly prevent the spilling, leakage, falling off or blowing off of any contents of the vehicle or escape of offensive odors therefrom. The vehicle shall be kept clean, well-painted and in good repair. b. The word “vehicle” as used in this section means: 1. Any motorized transport consisting of two (2) or more axles;

Any one (1) or two (2) axle trailer, serf or wagon that would normally be pulled and transported by a motorized transport. (Ord. #2011-153)

Every person owning or occupying a residential unit or business establishment within the City shall dispose of all refuse, recyclables and green waste created or accumulated thereon in compliance with this section. (Ord. #2011-153)

It shall be the responsibility of any person wishing to receive collection service to sign up for service and to notify the contractor if and when they change their residence or business location within fourteen (14) days after beginning occupancy. (Ord. #2011-153)

Maximum rates for services rendered by the contractor under this section shall be determined from time to time by City Council ordinance or resolution. (Ord. #2011-153)

If any person owning or occupying a residential unit or business establishment does not pay for services rendered to him or her by the contractor and is found to be in arrears, then the contractor shall have the right to suspend service to that person with prior reasonable notification. This remedy is in addition to all other remedies and penalties provided for by law. (Ord. #2011-153)

The charges provided for in this section and any accompanying interest or late penalties shall be civil debts due and owing to the contractor from the party responsible to make the payments as provided in this section, and collection thereof may be enforced by the City by suit in any court of competent jurisdiction. (Ord. #2011-153)

The Manager or his or her duly authorized representative may visit any premises within the City from time to time relative to complaints to examine the sanitary conditions of the premises and to determine whether the provisions of this section are being complied with. The Manager or his or her representative, shall have the right of access during all reasonable times and hours in the event of such inspection. The Manager or his or her representative shall comply with the U.S. and California Constitutions when exercising his or her rights under this section. (Ord. #2011-153; Ord. #2012-153)

a. Unless specifically prescribed in this section, any person, firm or corporation violating any of the provisions of this section is guilty of a misdemeanor or infraction as set forth in Section 1-5. b. As an alternative to criminal enforcement, each of the City and its authorized franchisee or contractor shall have the independent authority to civilly enforce any provisions of this section, including the authority to seek injunctive or declaratory relief. The Manager may invoke these remedies, or any of them, whenever he or she deems it appropriate. The violation of any of the provisions of this section shall constitute a public nuisance and may be abated by the City through civil or administrative process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. If the City or contractor elects, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City or contractor in the action or proceeding. (Ord. #2011-153; Ord. #2012-153)