Part 1 — Generally

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by Division 30, Part I, Chapter 2 of the Public Resources Code, Sections 40105-40200, and regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C., Sections 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time.

"AB 939" OR "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, Sections 40000, et seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor.

"Bins" means those containers provided for commercial (including, but not limited to retail stores, hotels, motels, schools, multi-family units, hospitals, nursing homes and convalescent centers), industrial, construction and other non-residential uses. Bins include solid waste containers with nominal capacities of two, three, four, five or six cubic yards, or larger, compactor bins, compactor boxes and roll-off boxes.

"Bulky goods" means and includes, but not by way of limitation, large and small household appliances, furniture, carpets, mattresses, white goods, oversized yard waste such as tree trunks and large branches if no larger than two feet (2') in diameter and four feet (4') in length and similar large items discarded by single-family residential service recipients.

"City" means the City of Downey, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City.

"City Manager" means an individual having that title in the employ of the City of Downey or the City Manager's duly authorized representative.

"Civic litter containers" means City-owned receptacles located in public areas for disposal of waste generated by the public in public places, which meet the standards of 14 C.C.R., Chapter 3, Article 9, Sections 17830, et seq., as amended.

"Commercial premises" means all premises in the City, other than single-family residences, where solid waste is generated or accumulated. The term "Commercial Premises" includes, but is not limited to, multi-family residences using Commercial Bins and not cans or carts for the temporary accumulation of Residential Solid Waste, stores, offices, Federal, state, county and local government facilities, including, but not limited to schools, school district offices, special districts and waster districts (to the extent permitted by law), restaurants, rooming houses, hotels, motels, manufacturing, processing, or assembly shops or plants, and hospitals, clinics, convalescent centers and nursing homes (non-medical waste only).

"Commercial solid waste" means all types of solid waste, including Green Waste and Recyclable Solid Waste, but not hazardous waste or medical waste, generated or accumulated at Commercial

Premises. The term "Commercial Solid Wastes" does not include Residential Solid Waste from Single-Family Residences.

"Construction and demolition waste" means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. "Construction and Demolition Waste" does not include asbestos-containing materials or asbestos waste.

"Construction bin" means any container, commercial roll-off bin or other similar receptacle used for the accumulation and temporary storage of Construction and Demolition Waste or similar material, and which is emptied by means of special collection equipment.

"Container" means any Commercial Bin, Construction Bin, Residential Solid Waste Container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid wastes, including, but not limited to, Construction and Demolition Waste, Recyclable Solid Waste or Green Waste.

"Continuation/claim hauler" means a Solid Waste Collector which claims a right to collect solid waste based on "continuation rights" as set forth in Public Resources Code, Section 49520, et seq. or any other law. No inference shall be drawn from this or any other section of this chapter that the City recognizes any such claim or has determined that any solid waste enterprise is or may be eligible for "continuation" or any other rights under the Public Resources Code or other law.

"Franchise" means the right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities and/or (3) to recycle solid waste collected within the City. Any franchise is subject to any continuation or other rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code, Section49520, et seq., or other laws granting the right to provide solid waste hauling services in the City.

"Franchise fee" means the fee or assessment imposed by the City on a solid waste collector because of its status as a solid waste collector and which, inter alia, is intended to offset the City's expenses in administering the Franchise and to compensate the City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the solid waste collector's exercise of the franchise, the expenses of administering the solid waste program, reporting requirements under the Act and other related expenses.

"Generator" means any person or other entity which produces or accumulates solid waste.

"Green waste or yard waste" means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens at residential premises, and incidental pieces of scrap lumber no longer than 24 inches separated from other forms of solid waste. "Green waste" also includes holiday trees. "Green waste" does not include stumps or branches exceeding four inches in diameter or four feet in length, or palm fronds or other materials which are not suitable for composting.

"Gross revenues" means any and all revenue or compensation in any form derived directly or indirectly by a solid waste collector, its subsidiaries, parent companies, or other affiliates, for the collection, transportation, processing, disposal and other services with respect to solid waste collected within the City of Downey, including recyclable solid wastes and green waste pursuant to a franchise, permit, or license, in accordance with generally accepted principles. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste and recycle solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or other cost of doing business.

"Hazardous waste" means any substance, waste or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation Recovery Act ("RCRA"), 42 U.S.C., Section 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C., Section 9601, et seq., the California Health & Safety Code, and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Recyclable material" means a material which has commercial value and which is sold for compensation or donated to an entity other than a solid waste collector or enterprise. Recyclable materials are commodities and not part of the waste stream. Recyclable materials lose their character as recyclable materials upon being disposed of in the waste stream and become solid waste subject to this chapter. If the seller or donor of recyclable material pays the buyer or donee, including any solid waste enterprise, any consideration for collecting, processing, recycling, transporting or disposing of "recyclable material" or for providing consultation or other services which exceed the market price of the "recyclable material," the transaction shall not be regarded as a sale or donation of "recyclable material," but as an arrangement for the disposal of solid waste subject to this chapter.

"Recyclable solid waste" means a form of solid waste which has been separated by a solid waste service recipient before having been disposed of into the waste stream. "Recyclable solid waste" is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act. The term "recyclable solid waste" includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recycle solid waste. "Recyclable solid waste" does not include those potentially recoverable items which are commingled with non-recyclable solid waste, i.e., commingled non-recyclable solid waste and potentially recyclable solid waste. Nor does "recyclable solid waste" include recyclable material, which is not a part of the waste stream.

"Residential solid waste" means all types of solid waste, including green waste and recyclable solid waste, generated or accumulated at residential premises and placed in residential containers for accumulation and collection. "Residential solid waste" does not include commercial solid waste or recyclable material.

"Residential solid waste container" means a container (a trash can, barrel or cart) provided by a service recipient or a solid waste collector and used for the temporary accumulation and collection of single-family residential solid waste. The term "residential solid waste container" does not include a "multi-family residential bin" nor a commercial bin used by commercial solid waste service recipients.

"Self-hauler" means a person who personally collects and removes solid waste from property owned by that person, with equipment owned or leased by that person, and who personally transports the solid waste to a solid waste facility licensed or permitted to accept such solid waste.

"Single-family residence" or "single-family dwelling" or "residential premises" means a detached building, or each unit of a multi-family unit, with kitchen facilities, in which the residents utilize one or more residential solid waste containers, but not bins, for the temporary accumulation of solid waste. The term "residential premises" does not include multi-family units using bins, hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places using commercial bins for the temporary accumulation and collection of solid waste.

"Solid waste collector" means a solid waste enterprise which collects solid waste, or which places bins for the temporary accumulation and collection of solid waste, including construction and demolition waste, in the City.

(Added by Ord. 347, adopted 7-8-68; amended by Ord. 367, adopted 7-22-69; Ord. 433, adopted 4-24-73; Ord. 684, adopted 1-26-82; Ord. 813, adopted 2-11-86; Ord. 890, adopted 6-13-89; Ord. 995, adopted 1-24-95; Ord. 1020, adopted 5-28-96)

In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the City, the City Council, by resolution referring to the solid waste enterprise by name, may grant a franchise, contract, permit or license to one or more Solid Waste enterprises to make arrangements with generators of solid waste, including Recycle Solid Waste, Green Waste and construction and demolition waste, for the collection, transfer, recycling, composting and disposal of solid wastes within all or any part of the City, in accordance with this chapter. (Added by Ord. 1020, adopted 5-28-96)

Solid Waste Collectors who arrange for the collection of solid wastes shall make arrangements with their customers specifying the manner, time and frequency for integrated waste management services, subject to the provisions in this chapter adopted by the City to protect public health, safety and well-being and to limit sources of noise and air pollution within the City, and to limit the City's exposure to contaminated landfill cleanup liability. (Added by Ord. 1020, adopted 5-28-96)

No person shall place or cause to be placed any garbage or refuse receptacle on any sidewalk, street, road, highway, or alley, at any place or in any manner other than as provided in this chapter. No person shall place or cause to be placed any garbage or refuse receptacle on any sidewalk, road, street, or highway at any time other than on the days established for the collection of garbage or refuse on the particular route, or before 6:00 p.m. on the days immediately prior to such collection, or permit such receptacle to remain thereat for more than 12 hours after it has been emptied. Any such receptacle placed for collection along a street shall be placed as close to the curb line (or edge of roadway) as practicable, either in the street or on the curb. Any such receptacle placed for collection in an alley shall be placed as close to the property line as practicable.

(Added by Ord. 347, adopted 7-8-68; amended by Ord. 1030, adopted 10-22-96)

In order to carry out its duties to plan for the management of vehicular traffic and to mitigate adverse air quality and noise effects, the City Council may determine solid waste service collection categories, including, but not limited to, e.g., residential, Single-Family Residential, multi-family residential, Commercial, Construction and Demolition, industrial, special, special event, household hazardous waste, Recyclable Solid Waste, Green Waste and other and may make or impose Franchise, license, contract or permit requirements which vary for such categories.

(Added by Ord. 1020, adopted 5-28-96)

In order to protect the public health, safety and well-being and to prevent the spread of vectors, the owner, occupant, or other person responsible for the day-to-day operation of every place or premises in the City of Downey shall make arrangements with a Solid Waste Collector holding a City-issued Franchise, contract, license or permit for the collection of solid wastes, as set forth in this chapter.

(Added by Ord. 1020, adopted 5-28-96)

No person shall construct or operate a solid waste management facility including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composting facility, buy-back or drop-off center, disposal facility or recycling center without first satisfying all City requirements of land use, environmental and other approvals. (Added by Ord. 1020, adopted 5-28-96)

Ownership and right to possession of Recyclable Solid Waste shall pass from the generator directly to the Solid Waste Collector, and not to the City, by operation of State law, P.R.C., Section 41950(c).

(Added by Ord. 1020, adopted 5-28-96)

• (a) Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell Recyclable Material owned by that person, organization or other entity or to donate Recyclable Material to a charity or any other entity other than a Solid Waste Enterprise or Solid Waste Collector.

• (b) Recyclable Material which is mixed with solid waste shall be considered to have been discarded and to have become solid waste.

• (c) If the seller or donor of Recyclable Material pays the buyer or the donee any consideration for collecting, processing, recycling, container rental, transporting or disposing of the Recyclable Material, or for consultation services, which exceed the market price of the Recyclable Material, the transaction shall not be regarded as a sale or donation of Recyclable Material, but as an arrangement for the disposal of solid waste subject to this chapter.

• (d) A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated solid waste shall not be deemed to be selling or donating Recyclable Material and does not fall within this "donate or sell" exception. (Added by Ord. 1020, adopted 5-28-96)

Part 2

Fees, Franchises, Permits and Licenses

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Sections 41900, et seq., the City may levy fees upon Solid Waste Collectors and premises for planning and program development and administration regarding solid and household hazardous waste, Recyclable Solid Wastes and/or Green Waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of Hazardous Wastes. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may determine to collect all or part of such charges on the tax roll, whether or not delinquent, the water bill, or by such other means as the Council may elect.

(Added by Ord. 1020, adopted 5-28-96)

• (a) The City Council may award one or more Franchises for collection of solid wastes from all or a portion of residential properties in the City. Any such Franchise shall be granted by the City Council by resolution upon a determination that the public health, safety and wellbeing would be served by the award of a Franchise. Any such Franchise granted by the City Council shall be for a maximum period of 10 years.

• (b) At a minimum, the Franchise shall provide as follows:

  • (1) A Franchise Fee of not less than five percent of Gross Revenue;

  • (2) The franchisee shall be required to cooperate with the City in solid waste generation studies and preparation of waste stream audits, and to implement measures to achieve the City's solid waste diversion goals mandated by the California Integrated Waste Management Act of 1989, and to protect, defend, indemnify and hold the City harmless if those goals are not met for the waste stream covered by the Franchise;

  • (3) The Solid Waste Collector shall be required to protect, defend, indemnify and hold the City harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C., Sections 6901, et seq.), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601, et seq., and the California Health & Safety Code, as they may be amended from time to time and all regulations implementing these acts, and the common law;

  • (4) The Solid Waste Collector(s) awarded a Franchise shall be required by the Council to reimburse the City for the expenses of awarding the Franchise; and

  • (5) Such other provisions as the City Council may determine to be necessary or convenient for the protection of the interests of the residents and the City.

• (c) Each Franchise, contract, license or permit for the collection of residential solid wastes issued or awarded by the City shall be in writing, expressly adopted by the City Council, by resolution, as a Franchise, contract, license or permit with a solid waste enterprise named in that Franchise, contract, license or permit, and shall be signed by the Mayor, approved as to form by the City Attorney, and filed with the City Clerk. No solid waste enterprise or any other person or entity shall infer the existence of any other form of Franchise, contract, license or permit not meeting all the foregoing requirements.

• (d) Notwithstanding any other provision of this Code, no approval by the City Engineer, the City Engineer's designee or any other official of the City for the placement of Construction and Demolition Bins in the public right-of-way or any other place shall be construed as a grant of authority to provide solid waste handling services and does not constitute a "Franchise, contract, license or permit" to provide such services. No solid waste enterprise or any other person or entity shall draw any inference from any such approval that it constitutes any authority to provide solid waste handling services.

• (Added by Ord. 1020, adopted 5-28-96)

• (a) The City Council may award one or more Franchises, agreements, permits or licenses for refuse collection, from commercial properties, which includes all properties other than Single-Family Dwellings, such as commercial, manufacturing, governmental, institutional, and multi-family residential properties. Such Franchises, agreements, permits or licenses (collectively "permits") shall be granted by the City Council by resolution, upon a determination that the public health, safety and well-being would be served by the award of the permit.

• (b) The permit shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. Any such permit granted by the City Council shall be for a maximum period of ten years.

• (c) At a minimum, the permit shall provide as follows:

  • (1) Commercial collection rates set according to different classes of commercial rates, based on volume, frequency of collection, and waste stream composition;

  • (2) A Franchise Fee of not less than five percent of Gross Revenue;

  • (3) Commercial Solid Waste Collectors shall be required to cooperate with the City in solid waste generation studies, waste stream audits, and implementing measures to achieve the City's source reduction, recycling, and waste stream diversion goals and to implement measures to achieve the City's solid waste diversion goals mandated by the California Integrated Waste Management Act of 1989 (Public Resources Code, Sections 40050 et seq.); and to protect, defend, indemnify and hold the City harmless if those goals are not met for the waste stream covered by the permit;

  • (4) The Solid Waste Collector shall be required to comply with the provisions of this chapter;

  • (5) The Solid Waste Collector shall be required to protect, defend, indemnify and hold the City harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C., Sections 6901, et seq.), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C., Sections 9601, et seq., and the California Health & Safety Code, as they may be amended from time to time and all regulations implementing these acts, and the common law;

  • (6) The Solid Waste Collector shall comply with the City's source reduction, recycling, and waste stream diversion goals;

  • (7) A Solid Waste Collector(s) awarded a Franchise shall be required by the Council to reimburse the City for the expenses of awarding the Franchise; and

  • (8) Such other provisions as the City Council may determine to be necessary or convenient for the protection of the interests of the residents.

• (d) Each Franchise, contract, license or permit for the collection of Commercial Solid Waste or Construction and Demolition Waste issued or awarded by the City shall be in writing, expressly adopted by the City Council, by resolution, as a Franchise, contract, license or permit with a solid waste enterprise named in that Franchise, contract, license or permit, shall be signed by the Mayor, approved as to form by the City Attorney and filed with the City Clerk. No solid waste enterprise or any other person or entity shall infer the existence of any Franchise, contract, license or permit not meeting all the foregoing requirements.

• (Added by Ord. 1020, adopted 5-28-96)

• (a) Each Solid Waste Collector, including each solid waste enterprise, which is an applicant for or holder of an encroachment permit issued by the City Engineer, and each solid waste enterprise asserting a right to collect solid waste pursuant to a "continuation" right based on Public Resources Code, Sections 49520, et seq., or the dormant Commerce Clause, but excepting each solid waste enterprise granted a written Franchise by the City in accordance with the procedural requirements of 5218 or 5220, shall apply for and possess a current City-issued annual Solid Waste Collector's permit or other form of City-issued solid waste collection authorization (collectively "Solid Waste Collector's Permit") for the collection of solid waste, not later than July 1st, annually.

• (b) Each Solid Waste Collector shall comply with all requirements set forth in the Solid Waste Collector's Permit and this chapter. These requirements include, but are not limited to, submission of an application for a Solid Waste Collector's Permit, payment of an application fee, and, if a permit is granted, payment of a Permit Fee, adherence to a schedule of fees to be charged to service recipients for specific services (as may be adopted by the City Council) and to meet or exceed all standards required by the City for a Solid Waste Collector Franchised by the City, including indemnification, minimum levels of insurance, cash bonds, and any other requirements that the City Council may impose.

• (c) In the case of a solid waste enterprise which asserts that it has a right to collect solid waste pursuant to a "continuation" right based on Public Resources Code, Sections 49520, et seq., (a "Continuation/Claim Hauler") or a right under the Constitution or under Federal law (a "Commerce Clause Hauler"), or any other law, the City Council may approve the issuance of a temporary Solid Waste Collector's permit, which shall expire on December 31st of the year of issuance, or the resolution of "continuation" rights or Commerce Clause rights, whichever occurs first.

• (d) Any person or entity which engages in the collection of Commercial Solid Waste or

Construction and Demolition Waste in the City or which places a Commercial Bin or Construction Bin for the accumulation of solid waste in the City, or permits a Commercial Bin or Construction Bin to remain in the City, without first having obtained a Franchise or permit issued by the City, shall be guilty of a misdemeanor punishable as provided generally for violations of the Downey Municipal Code. Each day in which a person or entity engages in the collection of Commercial Solid Waste or Construction and Demolition waste in the City or places a Commercial Bin or a Construction Bin for the accumulation of solid waste, including Construction and Demolition Waste, or permits a Commercial Bin or a Construction Bin to remain in the City without a Franchise, permit, license or other authorization granted by the City, shall be a separate offense. (Added by Ord. 1020, adopted 5-28-96)

• (a) Any Franchise, permit, license, or other City-issued authorization (collectively referred to as "permit") issued under this chapter is subject to revocation or suspension for cause.

• (b) In addition to the grounds provided elsewhere in this chapter, the following shall constitute cause for the revocation or suspension of a Solid Waste Collector's permit;

  • (1) When the continuance of the operations of the permittee under such permit shall be contrary to the public health, safety, well-being, peace, welfare or morals, or shall be found to constitute a public nuisance;

  • (2) If the holder of the permit violates any Federal or state law, the regulations of the California Integrated Waste Management Board, a Local Enforcement Agency, this Code, or any condition of the permit;

  • (3) If the holder of a permit practices, or attempts to practice, any fraud or deceit upon the City, or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the permit;

  • (4) If the holder of the permit becomes insolvent, unable or unwilling to pay its debts, or a receiver or trustee is appointed to take over and conduct the business of the permittee whether in a receivership, reorganization or bankruptcy proceeding;

  • (5) If the holder of the permit fails to provide or maintain in full force and effect the workers compensation, liability insurance and indemnification coverages and cash bond(s) required; or

  • (6) If the holder of the permit violates any order or ruling of any regulatory body with respect to solid waste collected within the City of Downey, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the holder of the permit is entered.

(Added by Ord. 1020, adopted 5-28-96)

• (a) Notice; Response. If City's Director of Public Works (the "Director") determines that the performance of any entity holding a Franchise, permit, license or other form of City-issued authorization (collectively "permittee") may not be in conformity with reasonable industry standards which obtain in Southern California or the California Integrated Waste Management Act including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable Federal, state or local law or regulation, including, but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, or this chapter, the Director of Public Works shall advise the holder of the permit in writing of such suspected deficiencies. The Director of Public Works, in any written Notification of Deficiencies, shall set a reasonable time within which the permittee is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be 30 days from the receipt of such written notice by the holder of the permit.

• (b) Decision; Appeal. At the expiration of the time set for response from the permittee, the City's Director of Public Works shall review the record, including any written response from the permittee to the Notice of Deficiencies and decide the matter. If the Director's decision is adverse to the permittee, the Director may order remedial actions to cure any deficiencies, assess any letter of credit on deposit with the City, or invoke any other remedy. In the event that the Director determines that there has been a material breach and that termination is the appropriate remedy, the Director may terminate the permit, and inform the permittee in writing, of the specific facts found and the evidence relied on, and the legal basis in the provisions of the permit or other laws for the Director's decision. An adverse decision by the City's Director of Public Works shall be final and binding unless the permittee files a "Notice of Appeal" with the City Clerk (with a copy to the City Manager and City Attorney) within 30 days of receipt of the decision or order of the City's Director. In any "Notice of Appeal" the permittee shall state the legal basis and all legal and factual contentions of the permittee and shall include all relevant evidence, including affidavits, documents, photographs and videotapes. A "Notice of Appeal" shall not be accepted by the Clerk for filing unless accompanied by a "Notice of Appeal Filing Fee" in an amount to be set by the City Council, by resolution.

• (c) City Manager's Decision; Appeal. Within 30 business days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to the permittee, the City Manager may order remedial actions to cure any deficiencies, assess any letter of credit, or invoke any other remedy. In the event that the City Manager determines that there has been a material breach, and that termination is the appropriate remedy, the City Manager may terminate forthwith the permit. In addition, the City Manager may refer the matter to the City Council or refer the matter to a referee and inform the permittee, in writing, of the resolution and the basis for the resolution. The decision or order of the City Manager shall be final and binding unless the permittee files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 days of receipt of the decision or order of the City Manager. A "Notice of Appeal to the City Council" shall state the legal basis and all factual and legal contentions of the appellant and shall include all evidence, including affidavits, documents, photographs and videotapes. A "Notice of Appeal to the City Council" shall not be accepted by the Clerk for filing unless accompanied by a "Notice of Appeal Filing Fee" in an amount to be set by the City Council, by resolution.

• (d) City Council Administrative Hearing; Appeal. If a matter is referred by the City

Manager to the City Council, or a "Notice of Appeal to the City Council" is timely filed, the City Council may set the matter for an administrative hearing and act on the matter or refer the matter to a referee. If the City Council elects to hear the matter, the City Clerk shall give 14 days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following:

• (1) A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options;

• (2) The Director's written Notification of Deficiencies;

• (3) Permittee's response to the Notification of Deficiencies;

• (4) The Director's written notification to Permittee of adverse decision;

• (5) Permittee's Notice of Appeal to the City Manager;

• (6) The City Manager's written notification to Permittee of adverse decision; and

• (7) Permittee's Notice of Appeal to the City Council.

No new legal issues may be raised, or new evidence submitted by Permittee or City at this or at any further point in the proceedings, absent a showing of good cause. The Permittee's representatives and other interested persons shall have a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

• (e) City Council Determination. Based on the administrative record, the Council shall determine whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of the Permittee is in breach of any term of this Agreement or any provision of any applicable Federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order the Permittee to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that the Permittee is in material breach of a material term of this Agreement or any material provision of any applicable Federal, state or local statute or regulation. The Permittee's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not the Permittee's performance is in material breach of this Agreement, or the time set by the City for the Permittee to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless the Permittee files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Cash Bond, the execution of City's remedies shall be stayed until the Permittee has exhausted its appeals.

• (f) Termination shall become effective upon the date specified in the written notice to the holder of the Franchise, permit, or other authorization by the City. Such notice shall state the grounds for termination.

(Added by Ord. 1020, adopted 5-28-96)

A Franchise, permit, license or other form of City-granted solid waste collection authorization shall not be transferable, except as follows:

• (a) A Franchise, permit, license or other form of City-granted solid waste collection authorization (collectively "permit") shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges therein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title, thereto either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the holder of the permit nor by operation of law, without the prior written consent of the City expressed by resolution. Any attempt by the holder of the permit to assign the permit without the prior written consent of the City shall be void. For purposes of this chapter, any sale, dissolution, merger, consolidation, change in control or other reorganization of the holder of the permit or the sale or other transfer of an accumulative 50% or more of the voting stock of a corporate permittee by an person, or group of persons acting in concert, who already own less than 50% of the voting stock of the holder of the permit shall be deemed a change in control.

• (b) An application for a transfer of a permit shall be made in a manner prescribed by the City Manager. The application shall include a Permit Transfer Application Fee in an amount to be set by City resolution of the Council. The Permit Transfer Application Fee is intended to offset the City's anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants' and attorneys' fees, necessary to analyze the application, and to reimburse the City for all other direct and indirect expenses. In addition, the holder of the Franchise, permit, license or other authorization granted by the City shall reimburse the City for all other reasonable consultants', attorneys' and staff costs not covered by the Permit Transfer Application Fee, whether or not the City approves the application for transfer. The City's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The holder of the permit and the applicant for transfer shall be jointly and severally liable for the payment for any reasonable consultants', attorneys' and staff costs not covered by the Permit Transfer Application Fee.

• (c) The applicant for a transfer of a permit shall have the burden of demonstrating that is has the operational and financial ability to meet all obligations of the Franchise, permit or other form of City authorization.

• (d) The City shall not unreasonably withhold its consent to a transfer of the permit. The City may impose reasonable conditions or approval of an application for a transfer.

• (e) Notwithstanding the above, the holder of a permit shall be entitled to pledge, encumber, or grant any security interest in the permit provided that the holder shall first notify and obtain City consent to such transaction, subject to the following conditions:

• (1) Any consent so granted shall not be deemed a consent to the exercise by such pledgee, encumbrancer, or secured party of any rights of the holder under the Franchise, permit or other authorization unless so noted by the City;

  • (2) No consent granted shall be deemed a consent to any subsequent transfer. Any subsequent transfer shall be deemed an assignment of the Franchise, permit or other authorization within the meaning of this section and shall be void without the prior written consent of the City expressed by resolution; and

• (3) The pledgee, encumbrancer or secured party shall execute and deliver to the City a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the Franchise, permit, license or other authorization.

• (Added by Ord. 1020, adopted 5-28-96)

• (a) Each person required by this chapter to arrange for solid waste collection shall be liable for the fees and charges for such collection.

• (b) To protect public health, safety and well-being and to control the spread of vectors, the owner, occupant, or other person responsible for day-to-day operation of every premises in the City shall make arrangements for collection, recycling and disposal of solid wastes generated or accumulated on those premises in accordance with the requirements of this chapter. The City may include the fees and charges (plus any interest or penalties) for solid waste and recycling on the water bill, the property tax roll for the premises, or by separate bill from the City or a solid waste collector. The fees and charges (plus any interest or penalties) on the water bill, the property tax roll for the premises, or separate bill shall be due and payable on the date stated on the water bill, the property tax roll for the premises, or separate bill. The owner and occupant of each premises in the City each shall be jointly and severally liable for the payment of the fees and charges (plus any interest or penalties) for solid waste service availability, solid waste collection and disposal and recycling.

• (c) If solid waste service fees and charges (and any applicable interest or penalties) are not paid within 90 days of the date payment was due, solid waste service may be discontinued. Liability for service access fees continues, whether or not collection services have been discontinued.

• (d) Upon written notice from the owner, occupant, or other person responsible for day-to-day operation of a premises in the City to discontinue solid waste collection services, the collection of fees shall be discontinued. However, solid waste collection services cannot be discontinued as long as said property is receiving water services from either the City of Downey Municipal Water Department or any other Water Agency, unless the Finance Director determines otherwise.

• (e) Delinquencies—Residential and Nonresidential Premises. Prior to June of each year, an account holder for a single-family or multifamily premises or any nonresidential premises who has not remitted required payment for solid waste collection, recycling and/or disposal service within 90 calendar days after the date of billing shall be notified by the City or the City's contractor servicing the premises on forms that contain a statement that the delinquent account balance may be subject to placement on the County property tax roll and other applicable penalties. If a contractor of the City is providing the statement, it shall inform the City of the delinquency in an annual report. The contractor shall deliver a report of all delinquencies not later than June of each year with a request that the City place the delinquencies on the property tax roll.

Pursuant to Sections 25831 and 38790.1 of the California Government Code, the City may collect delinquent fees or charges for solid waste collection, recycling and/or disposal services on the property tax roll for the premises. If the City decides to do so, it shall adhere to the following procedures:

• (1) The City shall fix a time, date, and place for a public hearing to consider the annual report of delinquencies. The City, or its contractor, shall mail notice of the hearing to the property owner of every premises listed on the annual report not less than 10 calendar days prior to the date of the public hearing. At the public hearing, the City Council shall hear any objections or protests of property owners liable to be assessed for delinquent fees or charges. The City Council may make revisions or corrections to the annual report as it deems just, after which, by Council resolution, the annual report may be confirmed.

• (2) The delinquent fees and charges set forth in the confirmed annual report shall constitute special assessments against the premises listed in the annual report and are a lien on the premises for the amount of the delinquent fees and charges. A certified copy of the confirmed annual report shall be filed with the Los Angeles County Auditor for the amounts of the respective assessments against the respective premises as they appear on the current assessment roll. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the Los Angeles County Registrar-Recorder/County Clerk. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.

• (3) If the City is using a contractor to provide solid waste collection, recycling and/or disposal services, the City shall remit to its contractor any amounts collected pursuant to this process within 30 calendar days of receipt from the Los Angeles County Assessor. The contractor shall notify the City in the event any delinquency on the confirmed annual report for which a lien has been created is paid or otherwise resolved.

(Added by Ord. 1020, adopted 5-28-96; amended by Ord. 1212, adopted 6-26-07; Ord. 25-1526, 5/13/2025)

Part 3 Receptacles

• (a) To protect public health, safety and well-being against the growth and spread of vectors, no person shall place for collection any Residential Solid Waste Container or Commercial Bin not in conformance with the Residential Solid Waste Container or Commercial Bin designated by the Solid Waste Collector.

• (b) No person shall place a Residential Solid Waste Container adjacent to a street or public right-of-way for collection if the Residential Solid Waste Container and its contents weigh more than 65 pounds, unless automated collection is used, without the consent of the Solid Waste Collector.

• (c) To minimize interference with public rights-of-way, no person shall place a Residential Solid Waste Container or any Bulky goods adjacent to a street or public right-of-way for collection service before 6:00 p.m. on the day before the regularly scheduled collection day.

• (d) During the hours for collection, Residential Solid Waste Containers shall be placed at the location designated by the Solid Waste Collector and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the Solid Waste Collector. Commercial Bins shall be accessible to the Solid Waste Collector. Except during the time a Residential Solid Waste Container is placed for curbside collection, Residential Solid Waste Containers shall not be visible from the public right-of-way.

• (e) Residential Solid Waste Containers shall be removed from locations adjacent to a street or other public right-of-way not later than 1:00 a.m. on the day following the regularly schedule collection day.

• (f) A Solid Waste Collector who has been notified by a Commercial Solid Waste service recipient or City that Commercial Solid Waste service is to be discontinued shall remove all of its Commercial Bins from the premises where Commercial Solid Waste service is to be discontinued within seven calendar days following receipt of notification that Commercial Solid Waste service is to be discontinued.

• (g) Green Waste shall be cut into pieces not to exceed four feet in length and four inches in diameter, before being placed in containers designated for Green Waste. If placed in containers designated for Green Waste, Green Waste shall not be contaminated with other forms of solid waste or with Hazardous Substances.

(Added by Ord. 1020, adopted 5-28-96)

• (a) To protect public health, safety and well-being against the growth and spread of vectors, each person required by Sections 5208, 5230 and 5236 to arrange for the collection of solid waste shall keep in a suitable place one or more Containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including Recyclable Solid Wastes and Green Waste, which would ordinarily accumulate on the premises between the time of two successive collections.

• (b) To protect public health, safety and well-being against the growth and spread of vectors, every person required by Sections 5208, 5230 and 5236 to arrange for the collection of solid waste from any premises within the City shall deposit or cause to be deposited in Containers or Commercial Bins provided or approved by a Solid Waste Collector, all solid waste generated or accumulated on those premises.

• (c) No person shall place ashes which are not cold and free from fire in any Container. To prevent the spread of airborne ash, before being placed for collection, ashes shall be placed in bags, and bags shall be placed in Containers for collection.

• (Added by Ord. 1020, adopted 5-28-96)

Part 4 Collection

• (a) To protect public health, safety and well-being, and to protect the City against the growth and spread of vectors, persons in charge of the day-to-day operation of each premises in the City shall make arrangements to have all solid waste generated or accumulated on the premises (other than Construction and Demolition Waste) collected and removed not less frequently than once a week.

• (b) To protect public health, safety and well-being, and to protect the City against the growth and spread of vectors, each Solid Waste Collector shall collect the contents of each Commercial Bin (except Construction Bins) placed, located or maintained in the City by that Solid Waste Collector not less frequently than one time per week.

• (c) Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operations of Commercial Premises and Multi-Family Residential Premises may specify the frequency of collection of solid waste from the premises and the size and number of Commercial or Multi-Family Residential Bins required.

• (d) In order to protect residents' quiet enjoyment of their Residential Premises, collection from Residential Premises, both single-family and multi-family, shall not be made after the hour of 6:00 p.m. or before the hour of 6:00 a.m. of any day. Collection from Commercial Premises shall not be made between the hours of 6:00 p.m. and 6:00 a.m. in areas of the City in which noise from collection vehicles is audible in residential areas. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of Commercial Premises and Multi-Family Residential Premises and the Solid Waste Collector.

• (e) Solid Waste Collectors shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment and in a manner consistent with the City's Traffic Demand Management Plan.

• (Added by Ord. 1020, adopted 5-28-96)