Colusa Municipal Code Art. I Solid Waste and Green Waste

Footnotes:

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Editor's note— Ord. No. 445, § 2, adopted Feb. 17, 2009, repealed the former Art. I and enacted a new article as set out herein. The former Art. I, §§ 14-1—14-3, 14-3.1, 14-4—14-7, 14-7.1, 14-8, 14-9 and 14-9.1, pertained to refuse and garbage in general and derived from Ord. No. 189, § 7; Ord. No. 246, § 1; Ord. No. 395, § 1, Ord. No. 408, §§ 2, 3; Ord. No. 429, §§ 1—3; and Ord. No. 436, §§ 1—3.

As used in this article:

"Container" means a city-approved thirty-two, sixty-four or ninety-six gallon wheeled cart, or any other receptacle approved by city for the purpose of collecting solid waste or green waste.

"Commercial waste generator" means a business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more, as defined in Public Resources Code Section 42649 et seq.

"Commercial solid waste" has the same meaning as defined in Section 17225.12 of Title 14 of the California Code of Regulations.

"Green waste" means any plant materials such as leaves, yard clippings, vines, brush, tree cuttings, and other materials of similar nature.

"Premises" includes a parcel of land upon which a residential, commercial or industrial building is located.

"Property owner" includes the owner, tenant or occupant of a premise.

"Recyclable materials" means materials that have been designated and separated from the solid waste stream prior to disposal for the purpose of 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 marketplace, and that are not land filled.

"Refuse collector" means the city department, private contractor and/or franchise holder designated by the city to collect and dispose of solid waste, recyclable materials and green waste.

"Solid waste" means all garbage (kitchen and food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs), rubbish (nonputrescible solid materials), home and industrial appliances and equipment, manure, construction and demolition debris and other solid or semi-solid materials and substances discarded or rejected as being spent, useless, worthless or in excess to the generator thereof.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 1, 10-18-2011; Ord. No. 481, § 1, 8-7-2012)

(a) A mandatory obligation is imposed on every property owner in city to store all recyclable material, solid waste and green waste which is produced or accumulated on the premises according to this article.

(b) Every property owner shall subscribe with an authorized refuse collector for the collection and disposal of solid waste and green waste, or provide documentation of self hauling to city as required by Section 14-8. Unless otherwise specified in this article, the property owner may subscribe with the refuse collector for the collection and disposal of recyclable materials.

(c) Collection and disposal of solid waste must be provided at least once weekly. Collection and disposal of green waste shall be at least once every two weeks. If a property owner elects to have recyclable materials collected and disposed of separately from solid waste, such collection and disposal shall be at least once every two weeks.

(d) If a property owner fails to provide for the collection and disposal of recyclable materials, solid waste and green waste as required by this article, a nuisance is presumed to exist on the premises.

(e) Commercial waste generators must comply with the requirements of the Colusa County Solid Waste Regional Agency requirements for commercial recycling.

(f) The property owner, as determined by the real property tax roll of the Colusa County assessor, is liable for payment of refuse and garbage collected charges.

(g) The liability of the property owner for these charges exists even if the user of the refuse service is not the owner of the property. An occupant other than the owner may pay the charges on behalf of the owner.

(h) It is the responsibility of the owner of the real property to provide the city finance director with the current billing address and to notify the city finance director of any changes of address.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 2, 10-18-2011; Ord. No. 481, § 2, 8-7-2012; Ord. No. 535, § 1, 5-21-2019)

No person may engage in the business of collecting recyclable materials, solid waste or green waste within the city, or haul recyclable materials, solid waste or green waste through a street or public right-of-way in the city, unless that person has been granted a franchise or license to do so by the city. However, a property owner may occasionally transport recyclable materials, solid waste or green waste produced on his or her own premises to a licensed disposal area, subject to the requirements of Section 14-7 pertaining to solid waste transportation.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 3, 10-18-2011)

(a) The city council may enter into franchise agreements for the collection, processing and/or disposal of solid waste, recyclable materials, green waste and other materials collected from residential, commercial and industrial premises within city. these franchises may be exclusive or nonexclusive in nature.

(b) Collection and removal of solid waste, recyclable materials, green waste and/or other materials by a franchisee shall be made in accordance with the terms and conditions of this article and any agreement between the city and the franchisee.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 481, § 3, 8-7-2012)

(a) A property owner of a premises within the city where recyclable material, solid waste and/or green waste is produced or accumulates shall obtain and maintain a container for receiving and holding, without leakage or escape of odors, all recyclable materials, solid waste and green waste which is produced or accumulated upon the premises.

(b) A property owner shall not:

1. Allow recyclable materials or solid waste to be scattered about the premises.

2. Allow recyclable materials or solid waste and green waste to be mixed in the same container with green waste. Recyclable materials and solid waste may be combined in the same container if the property owner elects not to separate recyclable materials for collection apart from solid waste.

3. Allow the contents of a container to exceed seventy-five pounds in weight.

4. Present for collection solid waste and/or green waste which is packed into containers so that the material will fall out of the container when upended.

5. Allow the container to remain uncovered whenever any recyclable material, solid waste or green waste is stored within.

(c) It is unlawful and a nuisance for any person to throw, place, deposit or allow the placing or depositing of recyclable materials, solid waste or green waste of any kind on any public highway, street, alley, park or other public way, or upon the bank of the river, or upon any private premises, except in containers as designated in this article.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 4, 10-18-2011)

(a) No person shall dump or place any material into, or otherwise utilize any recyclable materials, solid waste or green waste container provided for under this article, without the consent of the property owner attributable to each container.

(b) Unless otherwise provided by law, no person shall enter into any container for recyclable materials, solid waste or green waste container for any purpose, including the removal or salvaging of any materials therein, without the consent of the property owner attributable to each container or the refuse collector.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 5, 10-18-2011)

Each vehicle used for hauling recyclable materials, solid waste and green waste within the city shall be of such construction as to comply with all laws, rules and regulations of the State of California, and shall be of a type and construction to prevent leakage or overflow. All recyclable materials, solid waste and green waste in such vehicles shall be completely covered when traveling on streets or public rights-of-way in city to prevent any recyclable materials, solid waste or green waste from spilling or blowing from the vehicle.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 6, 10-18-2011)

The city may grant an exemption from the mandatory refuse collection subscription requirement in this article if the property owner demonstrates to the reasonable satisfaction of the city manager that recyclable materials, solid waste and green waste from the premises are regularly hauled to a lawful disposal site or transfer station. Property owner shall provide documentation, including weekly receipts from the disposal site or other evidence satisfactory to the city manager, to substantiate compliance with this section.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 7, 10-18-2011)

(a) Charges for the collection of recyclable materials, solid waste and green waste shall be established by the refuse collector, subject to city council approval or as otherwise authorized by an agreement between the refuse collector and city.

(b) The refuse collector shall be solely responsible for the collection of recyclable materials, solid waste and green waste collection charges from each property owner. A property owner's failure or refusal to pay any refuse collection charges when due subjects the premises to the discontinuance of recyclable material, solid waste and green waste collection services.

(c) The refuse collector shall notify city in writing within ten calendar days of discontinuing recyclable material, solid waste and/or green waste collection and disposal services to any property in city.

(d) Discontinuance of solid waste and/or green waste collection services may result in property owner's violation of the mandatory duty to subscribe for services in section 14-2. In the event service is discontinued and property owner is not granted a self-haul exemption pursuant to section 14-8, city may pursue any remedies available under law including the abatement of any nuisances in accordance with article II of this chapter.

(e) The refuse and garbage collection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

(f) Lien Recorded—Procedure.

(1) Notwithstanding any provision in this Code to the contrary, any refuse or garbage service charges which have become delinquent shall cause the owner of such property to have a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

(2) Prior to the recordation of a lien for delinquent charges, the city clerk shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he or she shall request such a hearing by notifying the city clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.

(3) At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the city shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the director of finance unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

(4) The director of finance is authorized to determine the administrative costs of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the public works director may initiate proceedings to make delinquent refuse and garbage service charges a special assessment against the parcels of property to which such service was rendered.

(5) The third party private waste hauler shall provide a list of delinquent ratepayer to the city's public works director by July 1 of each year. The public works director shall transmit through the city manager to council, a report of delinquent charges.

(6) Hearing. Upon receipt of the report, the city manager shall fix a time, date and place for the city council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the council shall hear it with any objections of the property owners liable to be assessed for delinquent accounts. The council may make such revisions, corrections, or modifications of the report as it may deem just; and in the event the council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the city council on the report and on all protests or objections thereto shall be final and conclusive.

(7) Method of Collection; Applicability of Other Liens, Laws, etc.

(A) Upon confirmation of the report by the council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(B) The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

(8) Report Transmitted to Auditor. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. No. 445, § 2, 2-17-2009; Ord. No. 472, § 8, 10-18-2011; Ord. No. 535, § 2, 5-21-2019)