Daly City Municipal Code Art. V Special Liabilities and Responsibilities

Each person who participates in an act of illegal dumping is jointly and severally liable with all other persons who participated in that act of illegal dumping for the costs of that act of illegal dumping.

(Ord. No. 1441, § 2, 12-14-2020)

Any parent or legal guardian of a juvenile violator found littering and/or illegally dumping is personally liable for any and all costs incurred by the city or any person or business in connection with the littering and/or illegal dumping caused by the conduct of said juvenile, and for all attorneys' fees, court costs, and other costs and any administrative citations or civil penalties incurred in connection with the civil or administrative prosecution of any claim for damages to the maximum extent permitted by California Civil Code Section 1714.1 or other applicable laws.

(Ord. No. 1441, § 2, 12-14-2020)

To the extent permitted by law, an owner or operator of a motor vehicle is liable and responsible for all citations, major violations, fines, penalties, damages, and costs related to an act of illegal dumping when the owner's vehicle is used in connection with any act of illegal dumping with the express or implied permission of the vehicle owner or operator irrespective of whether the vehicle owner or operator knew or should have known of the intended use of the vehicle.

(Ord. No. 1441, § 2, 12-14-2020)

All persons creating or generating waste matter, including discarded items, harmful waste matter, household waste matter, and universal waste, are responsible for seeing that it is disposed of in the manner provided by law. Persons disposing of waste matter must ensure that it is not illegally dumped. This responsibility includes not giving waste matter to a person for disposal who is not authorized to legally dispose of waste matter. A person whose waste matter is illegally dumped is jointly responsible for the illegal dumping along with the party who actually illegally dumped.

(Ord. No. 1441, § 2, 12-14-2020)

A. A real property owner who rents commercial or residential property is responsible for the property of a tenant which was removed by any tenant and illegally dumped on the private premises, or the adjacent public right-of-way. A real property owner is also liable for property of a tenant which was removed from the tenant's unit after the tenant vacates, whether voluntarily or involuntarily pursuant to this section. If the tenant's property is removed from the tenant's unit by the real property owner, anyone acting on behalf of the real property owner, or an eviction or other process, the real property owner must ensure the tenant's property is either retained for the tenant or properly disposed of in accordance with law. If the tenant's property is illegally dumped in front of the tenant's unit or former unit, adjacent properties, or the public right-of-way, the real property owner must ensure the tenant's property is properly disposed of in accordance with the law. If the tenant's property is illegally dumped at a different location, the real property owner must provide the tenant's forwarding information if it is within the real property owner's knowledge.

B. A real property owner shall keep the sidewalk in front of their premises free of discarded items, harmful waste matter, household waste matter, litter, universal waste, and/or waste matter.

C. Every real property owner, their employees, occupants or lessees of a house, building or commercial business shall, at all times, maintain the premises free of discarded items, harmful waste matter, household waste matter, litter, universal waste, and/or waste matter and shall provide containers for the deposit of garbage caused by or induced by any operation from said premises, whether packing or unpacking, loading or unloading, or in work areas or by any other operation performed on the private premises.

D. Every real property owner, their employees or lessee shall be required to provide, in garbage storage areas, closed containers for garbage.

E. Any real property owner or person in charge of a construction site is required to furnish covered waste matter containers for waste matter. All waste matter from construction and related activities shall be picked up and placed in said covered containers at the end of each working day. Waste matter receptacles of a sufficient number must be located on the construction site to receive personal litter generated by the employees, workers, invitees or other persons using the private premises.

(Ord. No. 1441, § 2, 12-14-2020)