Fillmore Municipal Code Ch. 8.04 Garbage and Rubbish

(a) "Solid waste" means all putrescible and non-putrescible solid and semisolid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes.

(b) "Solid waste handling services" means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers.

(c) "Waste stream material" means any material produced by an entity occupying a parcel, which is discarded by that entity (excepting sewage), including solid waste, garbage, industrial refuse, refuse, and rubbish.

(d) "Solid waste coordinator" is the city manager or his/her designee.

(e) "Resource recovery" means recovery from the waste stream of any reusable materials.

(f) "Recycling" means processing of solid wastes to recover that portion of those wastes which may be remanufactured and/or recycled.

(Ord. 742 § 1 (part), 1999)

The city shall authorize, permit, regulate and control the collection and disposition of all waste stream material within the city limits. No person shall engage in the business of waste stream material collection in the city except under contract or license with the city. The city may contract or license one or more entities for waste stream material collection and recycling. The city may regulate all aspects of waste stream material collection, management, reporting, and fees paid to the city or charged for services. Nothing in this chapter shall prohibit the city from engaging in waste stream material collection. This chapter shall not be construed to prevent the owner of any waste stream material within the city limits from transporting the same personally to the city-county sanitary fill or other city-designated public disposal area or to prevent special hauling of waste stream material of regularly scheduled service, by duly authorized persons. However, time for accumulation and reporting requirements as set forth in this chapter shall remain in effect.

(Ord. 742 § 1 (part), 1999)

It shall be mandatory that resource recovery, recycling and waste stream material collection service be provided for every parcel within the city as follows:

(1) Every parcel located within the city limits shall be provided with adequate resource recovery, recycling and waste stream material collection services by agreement with the city's franchise collector of waste. Such service shall regularly remove waste stream material often enough to prevent accumulation of waste stream material constituting a nuisance, or which attracts flies, rodents or other vectors, but no less often than once in every seven days except when disruption due to strikes occur, or severe weather conditions or acts of God make collection impossible using normal collection equipment, or official holidays interrupt the normal seven-day collection cycle in which case collection may be postponed until the next working day. Where it is deemed necessary by the local health officer because of the propagation of vectors and for the protection of public health, more frequent removal of waste stream material shall be required.

(2) An exemption from mandatory collection may be approved by the city solid waste coordinator upon application in a form approved by the solid waste coordinator for any property that is unimproved or is vacant. This exemption is subject to yearly review.

(3) Relief from other provisions of this chapter may be approved by the city solid waste coordinator, upon application in a form provided by the solid waste coordinator.

(4) The decision of the city solid waste coordinator made under subsection (2) and/or (3) of this section may be appealed to the city manager by written appeal filed with the city manager within ten days of the determination by the solid waste coordinator.

(5) The decision of the city manager may be appealed to the city council by written appeal filed with the city clerk within ten days of the determination of the city manager.

(Ord. 742 § 1 (part), 1999)

The ultimate responsibility for removal of waste stream material from any property, improved or unimproved, occupied or unoccupied, rests with the owner of the property. At his sole discretion, the property owner may contract with the lessee of his property, or any other party, that said lessee or other party assumes responsibility for removal of said waste stream material; however, failure of the lessee or other party to perform under such a contract shall not relieve the property owner of his responsibility to dispose of waste stream material accumulated on his property.

(Ord. 742 § 1 (part), 1999)

(a) General. The owner, operator and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all waste stream material accumulated on the property.

(b) Storage. The property owner or occupant shall store waste stream material on his premises or property or shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors or the creation of nuisances.

(c) Design Requirements. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate the waste stream material loading anticipated and which will allow for efficient and safe waste stream material removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions.

(d) Operator Responsibility. Where the collection operator furnishes storage containers, the operator is responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions or agreements. Where there is no city approved design or plan, the operator shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public.

(e) Solid Waste Material. Property owners and tenants shall deposit all garbage and putrescible matter or mixed garbage and rubbish in containers that are either nonabsorbent, watertight, vector resistant, durable, easily cleanable, and designed for safe handling, or in paper or plastic bags having sufficient strength and watertightness and which are designed for the containment of refuse. Containers for waste stream material should be of an adequate size and in sufficient numbers to contain without overflowing, all waste stream material that a household or other establishment generates within the designated removal period. Containers shall be maintained in a clean, sound condition free of putrescible residue.

(f) Identification of Containers. Containers of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container.

(g) Use of Container. No person shall tamper with, modify, remove from, or deposit solid waste in any container which has not been provided for his use, without the permission of the container owner.

(Ord. 742 § 1 (part), 1999)

Each business within the city of Fillmore shall, as part of obtaining a business license, submit a resource recovery, recycling and solid waste plan to the city for review and approval.

(Ord. 742 § 1 (part), 1999)

(a) Waste stream precollection and separation practices shall be in accordance with current published requirements of local, state and federal agencies. The solid waste coordinator shall maintain current information for education and regulation of precollection practices.

(b) Storing Waste Stream Material. No person shall place any waste stream material in any public place or upon any private property except in proper containers for collection.

(c) Unauthorized Accumulation of Waste Stream Material. Any accumulation of waste stream material on any premises except in the manner provided in this chapter and for a period longer than necessary to permit collection by properly authorized persons is declared to be a nuisance and is prohibited.

(d) Scattering of Waste Stream Material. No person shall deposit anywhere within the city any waste stream material in such a manner that it can be carried or deposited by the elements upon any street or other public place or into any adjacent premises.

(e) Points of Collection. Waste stream material containers shall be placed for collection at ground level on the property or immediately adjacent thereto and not within the traveled portion of a street or alley and not obstructing a sidewalk. Said containers shall be placed out for collection no earlier than the afternoon of the day prior to collection and shall be removed the day of collection.

(f) Gross Maximum Weight of Containers. Waste stream material containers when filled shall not exceed reasonable lifting weights of an average physically fit individual except where mechanical lifting systems are used.

(g) Encroachment Permits for Special Pick-Up. An encroachment permit shall be required for service other than regular scheduled service when the container for that service is in the public right-of-way. Encroachment permits shall be obtained through the office of the superintendent of public works.

(Ord. 742 § 1 (part), 1999)

Medical waste, inflammable or explosive material, or hazardous waste shall not be placed in containers for regular collection but shall be disposed of as directed by the solid waste coordinator or his designee at the expense of the owner or possessor thereof.

(Ord. 742 § 1 (part), 1999)

(a) Fines. Any person or parcel violating any of the provisions of this chapter is guilty of an infraction punishable by fines in accordance with Chapter 1.09 of this code.

(b) Cost Recovery. Any person violating any of the provisions of this chapter shall be liable for charges from the city for any staff time devoted to inspection and/or compliance. These charges will be based on the fee schedule then in effect for all staff time. In addition, in the event the city elects, at the initiation of any hearing related to a violation of this chapter, to seek recovery of its attorneys' fees, the hearing officer shall order that the prevailing party in the hearing be awarded its attorneys' fees. In no event shall the award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the proceeding.(Ord. 742 § 1 (part), 1999)

(Ord. No. 802, § 8, 6-26-2007)

Should the service customer or property owner fail to comply with the terms of the above notification, or any other notification delivered pursuant to this code, of a violation of this chapter within the time specified, the city solid waste coordinator may cause the nuisance to be abated in accordance with Article II of Chapter 1.09 of this code, or as otherwise permitted pursuant to applicable law. All costs of abatement of such nuisance shall become a lien against the property in accordance with Section 1.09.175 of this code.(Ord. 742 § 1 (part), 1999)

(Ord. No. 802, § 9, 6-26-2007)

Should the service customer or property owner fail to comply with the terms of the above notification, or any other notification delivered pursuant to this code, of a violation of this chapter within the time specified, the city solid waste coordinator may cause the nuisance to be abated in accordance with Article II of Chapter 1.09 of this code, or as otherwise permitted pursuant to applicable law. All costs of abatement of such nuisance shall become a lien against the property in accordance with Section 1.09.175 of this code.(Ord. 742 § 1 (part), 1999)

(Ord. No. 802, § 9, 6-26-2007)

If any provisions in this chapter shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof and any costs so attributed in order to remedy an invalidity of any or all provisions of this chapter.

(Ord. 742 § 1 (part), 1999)

The city manager shall be the compliance coordinator for the purposes of this chapter. The city manager shall recommend for adoption by the council in resolution form any rules and regulations required to enforce or carry out the provisions of this chapter. The city council shall serve as the appeals board for any resolution of disputes arising from this chapter.

(Ord. 742 § 1 (part), 1999)