§ 51.13 EXCLUSIONS.
Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka
(A) Appear and show cause for exclusion.
(1) Any written notice sent to a property owner must include an option to appear before the City Manager, or a designated representative, at a time specified within the notice to show cause why such person should not be required to subscribe for the collection of garbage, recyclables, and organic waste. In addition, any property owner not receiving a notice may arrange to appear before the City Manager, or a designated representative, at a time specified to show cause why such person should not be required to subscribe for the collection service. At the appearance, the Manager may find excluded from the requirements of said section only those persons who show:
(a) That they are not owners of the property mentioned; or
(b) That the property is not within the city limits; or
(c) That the property is vacant; or
(d) That the residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one month; or
(e) Unique parcel specific conditions which compel the property owner, tenant or occupant to self haul their garbage, recyclables and organic waste to the transfer station. Such conditions may include properties with long, narrow or steep driveways where the franchisee, in the opinion of the City Manager, is unable to properly and safely use the franchisee's equipment, and granting such exclusion would not create a nuisance; or
(f) That the owner or occupant legally recycles and composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.
(2) Declaration required.
(a) All persons claiming an exclusion per this section must occupy the property and will be asked to sign a declaration or affidavit, under penalty of perjury, once per year stating that they legally recycle and compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.
(b) The signed affidavit must be submitted in person, electronically or through the mail on or before June 1 in order to be excluded from subscribing to collection services for the subsequent fiscal year (July 1 through June 30). Those affidavits submitted electronically must have a timestamp on or before June 1. Those affidavits submitted through the mail must be postmarked on or before June 1. There will be a five-day grace period for extenuating circumstances as deemed appropriate by the City Manager, or a designated representative.
(B) Any exclusion granted by the City Manager is revocable for cause, as determined by the City Manager. Any exclusion granted by the City Manager can be made conditional, as needed to ensure continuing eligibility. Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties under Eureka Municipal Code § 10.99. (Ord. 943-C.S., passed 2-21-23)
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Ask AI about this code▸ Contents — Eureka Zoning Code
- Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
- Article II — ELECTIONS
- Article III — CITY COUNCIL
- Article IV — MAYOR
- Article V — ORDINANCES
- Article VI — ADMINISTRATION
- Article VII — FISCAL ADMINISTRATION
- Article VIII — OFFICERS AND EMPLOYEES
- Article IX — FRANCHISES
- Article X — INITIATIVE, REFERENDUM AND RECALL
- Article XI — MISCELLANEOUS PROVISIONS
- Chapter 10 — GENERAL PROVISIONS
- Chapter 30 — CITY COUNCIL
- Chapter 31 — CITY OFFICIALS
- Chapter 32 — CITY DEPARTMENTS
- Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
- Chapter 34 — PERSONNEL POLICIES
- Chapter 35 — FINANCE, REVENUE AND TAXATION
- Chapter 36 — HEALTH FACILITY REVENUE BONDS
- Chapter 37 — ELECTIONS
- Chapter 38 — CIVIL EMERGENCIES
- Chapter 39 — CITY POLICY
- Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
- Chapter 50 — SEWERS
-
▸ Chapter 51 — SOLID WASTE
Overview- § 51.01 FINDINGS, PURPOSE, AND AUTHORITY.
- § 51.02 DEFINITIONS.
- § 51.03 MANDATORY COLLECTION SERVICE.
- § 51.04 CURBSIDE RECYCLING COLLECTION.
- § 51.05 CURBSIDE BULKY ITEM/GOODS COLLECTION.
- § 51.06 CURBSIDE ORGANICS WASTE COLLECTION.
- § 51.07 ORGANICS REQUIREMENTS FOR SINGLE-FAMILY GENERATORS.
- § 51.08 REQUIREMENTS FOR COMMERCIAL BUSINESSES INCLUDING MULTI…
- § 51.09 COLLECTION AND DISPOSAL OF PROHIBITED WASTES.
- § 51.10 INDIVIDUAL WASTE REMOVAL.
- § 51.11 LITTERING; UNLAWFUL DISPOSAL.
- § 51.12 ORGANICS DE MINIMIS WAIVERS FOR COMMERCIAL GENERATORS.
- § 51.13 EXCLUSIONS.
- § 51.14 DISCONTINUING SERVICE UPON VACANCY.
- § 51.15 BILLING FOR SERVICES.
- § 51.16 RATE DEVIATIONS.
- § 51.17 STORAGE.
- § 51.18 CONTAINERS.
- § 51.19 FREQUENCY OF COLLECTION OR REMOVAL.
- § 51.20 DELINQUENT ACCOUNTS.
- § 51.21 RIGHT TO COLLECT SOLID WASTE.
- § 51.22 UNAUTHORIZED COLLECTION PROHIBITED.
- § 51.23 CIVIL ACTION BY FRANCHISE COLLECTOR/HAULER.
- § 51.24 COLLECTION CONTRACT.
- § 51.25 COLLECTION VEHICLES.
- § 51.26 INSPECTIONS AND INVESTIGATIONS BY CITY.
- § 51.27 ENFORCEMENT.
- § 51.28 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS.
- § 51.29 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS.
- § 51.30 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVI…
- § 51.31 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS.
- Chapter 52 — UNDERGROUND UTILITY DISTRICTS
- Chapter 53 — WATER
- Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
- Chapter 55 — ENERGY
- Chapter 56 — STREETS
- Chapter 70 — GENERAL PROVISIONS
- Chapter 71 — TRAFFIC RULES
- Chapter 72 — STOPPING, STANDING AND PARKING
- Chapter 73 — BICYCLES
- Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
- Chapter 90 — ABANDONED VEHICLES
- Chapter 91 — ANIMALS
- Chapter 92 — FIRE PREVENTION
- Chapter 93 — PARKS AND RECREATION
- Chapter 94 — HEALTH AND SANITATION
- Chapter 95 — MUNICIPAL AIRPORT
- Chapter 96 — PARADES AND ASSEMBLIES
- Chapter 97 — SMOKING
- Chapter 98 — STREETS AND SIDEWALKS
- Chapter 99 — TRAINS AND RAILROADS
- Chapter 100 — HARBOR REGULATIONS
- Chapter 101 — FILMING
- Chapter 102 — BEEKEEPING
- Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
- Chapter 104 — MILITARY EQUIPMENT USE
- Chapter 110 — BUSINESS LICENSES
- Chapter 112 — AMBULANCES
- Chapter 113 — AMUSEMENTS
- Chapter 114 — CABLE TELEVISION SYSTEMS
- Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
- Chapter 117 — MASSAGE PARLORS
- Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
- Chapter 119 — SECOND-HAND DEALERS
- Chapter 120 — TAXICABS AND LIMOUSINES
- Chapter 121 — OTHER VEHICLES FOR HIRE
- Chapter 122 — FOREIGN-TRADE ZONE
- Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
- Chapter 131 — PROPERTY OFFENSES
- Chapter 132 — DRUG OFFENSES
- Chapter 133 — WEAPONS OFFENSES
- Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
- Chapter 150 — BUILDING REGULATIONS
- Chapter 151 — AIRPORT ZONING
- Chapter 152 — PLANNING AND ZONING ADMINISTRATION
- Chapter 153 — FLOOD HAZARD AREA REGULATIONS
- Chapter 154 — SUBDIVISION REGULATIONS
- Chapter 155 — ZONING REGULATIONS
- Chapter 155 — ZONING REGULATIONS (old)
- Chapter 156 — COASTAL ZONING REGULATIONS
- Chapter 157 — HISTORIC PRESERVATION
- Chapter 158 — CANNABIS
- Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES