Cudahy Municipal Code Art. VII General Requirements

(1) All solid waste and recyclable materials collected from residential or commercial/industrial premises for a fee, service charge, or other consideration shall be collected by a collector authorized by the city, subject only to the exclusions set forth in CMC 8.12.220 through 8.12.280.

(2) No person, firm, corporation or solid waste enterprise shall negotiate or contract for, undertake to receive, collect or transport solid waste or recyclable materials from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.

(3) Except as otherwise provided in this chapter, each residential householder and commercial/industrial business owner shall utilize the services of a collector authorized by the city for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner or householder and shall pay the fees for such services set by the collector and authorized by the city council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste and recyclable materials handling services with any person, firm, or corporation other than a collector authorized by the city, except as otherwise provided in this chapter. (Ord. 716 § 2, 2021; Ord. 540 § 5; Ord. 532 § 1. 2002 Code § 12-7.1).

Any person who deposits or causes to be deposited any solid waste or recyclable materials on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.2).

No person shall transfer solid waste or recyclable materials from one collection vehicle to another on any public street or road within the city unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.3).

No person shall remove from or tamper with any solid waste or recyclable material in any solid waste or recyclable materials container, other than a collector authorized by the city, an authorized employee of the city or the owner or occupant of the property served by such bin, receptacle or recyclable container. No third party shall have any right to access or utilize collection containers in any manner. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.4).

(1) In residential zones as defined in CMC Title 20, and commercial/industrial areas that are contiguous to residential zones, no collection, delivery, or removal of containers shall be made between the hours of 6:00 p.m. and 7:00 a.m. Monday through Saturday or at any time on Sunday.

(2) In commercial/industrial areas that are not residential zones as defined in CMC Title 20, and are not contiguous to residential zones, no collection or delivery/removal of containers shall be made between the hours of 6:00 p.m. and 5:00 a.m. Monday through Saturday or at any time on Sunday.

(3) The city manager may waive the requirements of this article when necessitated by conditions beyond the control of a collector. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.5).

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste and recycling. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.6).

At such time as the solid waste or recyclable materials are placed for collection at the usual place of collection, the materials become the property of the collector who serves the premises on which the materials are placed. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.7).

(1) It shall be unlawful at any time for any person, including a collector, to burn any solid waste or recyclable materials within the city.

(2) It shall be unlawful at any time for any person, including a collector, to bury or dump any solid waste or recyclable materials within the city. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.8).

No person authorized to collect or transport solid waste or recyclable materials shall enter onto private property beyond the extent necessary to collect the solid waste or recyclable materials properly placed for collection or beyond the extent necessary to provide any agreed upon special collection service. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.9).

(1) Each collector shall compile and keep the following information for each month during the quarter and shall deliver a written report thereon, signed by an officer of the collector, to the city manager on a quarterly basis within 30 days after the end of each calendar quarter:

(a) Total amount of solid waste removed from the city.

(b) The name, address and telephone number of each solid waste disposal or recycling facility used by the collector.

(c) In the event that a collector adds or deletes one or more collection service customers, the report shall include a revised collection service identification list.

(d) The complaint log described in CMC 8.12.430(2).

(2) Each report shall be signed by an officer of the collector. If a collector has more than one collection route, it shall submit a separate report for each collection route. Each report shall be submitted to the city on the last day of each month following the month for which the report is filed. Reports must be received by the city manager by 5:00 p.m.

(3) The collector shall maintain, but is not required to submit, unless requested by the city manager, monthly copies of waste disposal facility weight tickets or invoices which indicate the net amount of all waste disposed, transferred or recycled during each month that collection services are provided. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.10).

Every collector shall furnish an annual report to the city detailing the quantity and nature of all solid waste or recyclable materials removed from the city. Reports shall be delivered to the city on or before July 31st of each year, for the immediately preceding period of July 1st through June 30th. This report shall identify waste disposal facilities where the collector has disposed or transferred all solid waste removed from the city. This report shall also include a compilation of monthly tonnage reports, copies of tipping receipts, or both. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from a collector. The timely filing of a complete annual report is hereby made a condition of any permit or collection agreement awarded by the city subsequent to the effective date of the ordinance* which adopts this chapter. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.11).

* Editor’s Note: This chapter was adopted on May 5, 1998, by Ordinance No. 532.

Each collector shall at all times maintain, at its own expense, workers’ compensation insurance coverage for all employees in the amounts required by law. Each collector shall file and maintain certificates with the manager showing the insurance to be in full force and effect at all times the collector is authorized by the city to provide services within the city. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.12).

Each collector shall furnish the city a policy of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the amounts established by the city council by resolution or in a collection agreement. These limits shall be subject to annual review by the city for the purpose of reasonably adjusting to current insurance conditions and requirements. A greater amount may be required in a collection agreement. The insurance shall: (1) provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, (2) be procured from an insurer authorized to do business in the state of California, (3) name the city of Cudahy and its officers, employees and agents as additional insureds, and (4) provide that it may not be canceled or modified without 30 days’ prior written notice to the city. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.13).

Any person who provides solid waste or recyclable materials handling services within the city shall indemnify, defend, and hold harmless the city and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorney’s fees, that the city shall incur or suffer, which arise, result from or relate to the provision of solid waste or recyclable materials handling services by that person. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.14).

(1) Any collector with a collection agreement shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the name under which it conducts business in the city, and shall at all times during the hours between 7:00 a.m. and 6:00 p.m. of each weekday and between 7:00 a.m. and 6:00 p.m. on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be toll-free from all portions of the city.

(2) The collector shall maintain at the office required by subsection (1) of this section a written log of all complaints and inquiries received. Such log shall contain the date of each inquiry or complaint, the caller’s name, address and telephone number, the nature of the complaint or inquiry, the action taken or the reason for nonaction, and the date such action was taken or a decision not to act was made. All inquiries and complaints shall be promptly resolved to the satisfaction of the city. Such log of complaints and other records pertaining to solid waste and recyclable materials handling services shall be open to the inspection of the city at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this article is hereby made a condition of any permit or collection agreement awarded by the city after the effective date of the ordinance which adopts this chapter. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.15).

All owners, contractors and builders shall, upon the completion of any construction, renovation, or remodeling of a structure, gather up and haul away from the site of the structure, at their sole cost and expense, all solid waste of every nature, description or kind including all lumber scrap, shingles, plaster, brick, stone, concrete and other building material, and shall place the site and all other premises utilized in such construction in a sightly condition. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.16).

The accumulation of solid waste by any person beyond the period of one week or in any manner other than specified in this chapter is hereby declared to be a nuisance pursuant to Government Code Section 38771. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.17).

Except as expressly authorized by this chapter, no person other than a collector may place a solid waste or recycling container within the city. Any container placed in violation of this section is hereby declared to be a nuisance, and is subject to abatement pursuant to Chapter 8.16 CMC. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-7.18).

Franchisee shall:

(1) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial/industrial/institutional/multifamily establishment’s approach to complying with self-hauler requirements in this title.

(2) Provide containers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial/industrial/institutional/multifamily establishment. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial/industrial/institutional/multifamily establishment does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial/industrial/institutional/multifamily establishment does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial/industrial/institutional/multifamily establishment shall have either:

(a) A body or lid that conforms with the container colors provided through the collection service provided, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial/industrial/institutional/multifamily establishment is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(b) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(3) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials, or, if self-hauling, per the instructions of the commercial/industrial/institutional/multifamily establishment’s responsible party to support its compliance with self-hauler requirements in the city’s municipal code.

(4) Periodically inspect recyclable materials containers, organic materials containers, and solid waste/mixed waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(5) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and proper sorting of recyclable materials, organic materials, and solid waste/mixed waste.

(6) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste/mixed waste (when applicable) and the location of containers and the rules governing their use at each property.

(7) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with the city’s municipal code to confirm compliance with the requirements of the city’s municipal code. (Ord. 716 § 2, 2021).