Article III — MUNICIPAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICES

(a)

The collecting, composting, disposing, and recycling of all municipal solid waste and the billing for those services may be made either directly by city forces or by letting a contract or franchise. The city shall have charge and supervision of such services for the various parts of the city so as to ensure conformance with the provisions of this chapter, and may change the same from time to time. When the routes or days of collection are established or changed, the notice shall be given in such manner as deems best by the city manager.

(b)

It is unlawful for any person to hire, contract, or enter into agreement with any collector not franchised, contracted or permitted by the city.

(c)

It is unlawful for any collector granted a contract, franchise or permit under this chapter to conduct any operation or give any service other than the service authorized by the city.

(d)

The city council, upon recommendation of the city manager, may terminate, revoke or suspend a contract or franchise if, in the judgment of the city council, the conditions of this chapter or contract or franchise have not been met.

(Ord. No. 1890, § 1(Exh. A, § 24-7), 2-22-2022)

(a)

It shall be the duty of the city manager to have inspected and supervise all trucks, carts, or other vehicles used by the contractor(s) in the collection, composing, disposal, and recycling of solid waste; the city manager is to see that such vehicles are kept clean and sanitary and in a like-new condition;

(b)

The city manager shall inspect and ensure that all places where vehicles, solid waste, organic waste and recyclables are stored after collection are clean and sanitary.

(c)

The city manager shall have the right to inspect any and all books and records of any collector at any and all reasonable times, and any collector under this chapter shall keep adequate and complete books and records providing such detail as the city may require. Failure to keep and maintain such books and records shall be grounds for suspension of any contract, franchise or permit issued hereunder.

(Ord. No. 1890, § 1(Exh. A, § 24-8), 2-22-2022)

If a contractor or franchisee is used for solid waste collection, recycling, composting and/or disposal, the contractor shall provide comprehensive general liability and automobile insurance in the minimum limits set forth in the applicable contract or franchise.

(Ord. No. 1890, § 1(Exh. A, § 24-9), 2-22-2022)

The contractor or franchisee who contracts with the city for the collection, disposal, removal, composting, and/or recycling of solid waste shall be required to furnish a surety bond to the city in a form and an amount satisfactory to the city, but in no event less than $200,000.00, conditioned upon the faithful performance of the contract and/or franchise and the provisions of this chapter, to collect, recycle and compost all solid waste in the city, and transport the same through the streets and public rights-of-way of the city to such destination as provided in this chapter.

(Ord. No. 1890, § 1(Exh. A, § 24-10), 2-22-2022)

If the contractor or franchisee option is selected, the contractor shall pay to the city a contract or franchise fee as set by the city council at the time of entering a contract.

(Ord. No. 1890, § 1(Exh. A, § 24-11), 2-22-2022)

Any owner or occupant of any premises may contract with the contractor for special haul services for the removal of solid waste in excess of regular services provided by the contractor under contract or franchise with the city.

(Ord. No. 1890, § 1(Exh. A, § 24-12), 2-22-2022)

All solid waste shall be collected and removed as scheduled, except Sundays, New Year's Day, Memorial Day, Labor Day, Thanksgiving Day, July 4th, and Christmas Day.

(Ord. No. 1890, § 1(Exh. A, § 24-13), 2-22-2022)

The collection hours shall be fixed at 7:00 a.m. through 5:00 p.m. on Mondays through Saturdays for residential customers and 5:00 a.m. through 7:00 p.m. on Mondays through Saturdays for commercial/industrial customers except when the latter borders on residential property, or when a holiday falls on a collection day.

(Ord. No. 1890, § 1(Exh. A, § 24-14), 2-22-2022)

(a)

Every person in the city who has the occupancy, charge or control of any place or premises within the city where any solid waste accumulates, with the exception of residential and commercial rental units, shall pay a fee in such amounts and in such manner as shall be established by resolution of the city council for the service of having such solid waste collected and removed from the place or premise and for meeting the costs of meeting the requirements of the California Integrated Waste Management Act, Public Resources Code § 40000, et seq., as amended from time to time.

In the case of residential and commercial rental units, the property owner of record shall be responsible for paying the fees established by city council resolution.

(b)

Nothing in this section is intended to prevent an arrangement; or the continuance of an existing arrangement, under which payments of solid waste collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner's obligation to the contractor and/or the contractor's obligation to the city.

(c)

All fees for residential collection service, including all single-family residences and multiple dwellings of two to four units, shall be considered debts owed to the city until they are paid. If they are not paid within a 90-day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees.

(d)

All fees for commercial collection service, including all commercial use accounts and multiple dwellings of five or more units utilizing dumpster type containers, shall be billed and collected in accordance with procedures adopted by contract and approved by the city. All bills for collection shall be considered debts owed to the city until they are paid. If fees are not paid within 45 days of billing date, collection service will be suspended until all fees are paid. If they are not paid within a 90 day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees.

(e)

It is unlawful for any person to request or receive services of the collector with the intent to defraud the collector or the city or to use the city's recyclables for a purpose other than off-setting the costs of the city's solid waste collection, disposal, recycling or composting expenses.

(Ord. No. 1890, § 1(Exh. A, § 24-15), 2-22-2022)

(a)

The fees to be paid for the service of having solid waste collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city. Notices of any rate adjustments must be mailed at the contractor's expense to all customers of the contractor.

(b)

Discrimination of rates and charges for pickup. It shall be unlawful for any collector or any agent or employee thereof covered by this chapter to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of or less than the rates and charges established and authorized by the city.

(Ord. No. 1890, § 1(Exh. A, § 24-16), 2-22-2022)

All solid waste transported under the municipal residential and commercial solid waste collection article of this chapter, article III, shall be transported in containers or truck bodies that are water-proof and so constructed as to prevent solid waste or liquid therein from falling, leaking, spilling or escaping or causing noticeable odor therefrom. The solid waste, from the time that the last pickup is placed upon the truck and taken to the point of disposal, shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of solid waste shall have a new appearance on the exterior and be washed at least once a week and steam-cleaned once a month and kept in a well-painted condition. All solid waste shall be removed, conveyed and disposed of in such a manner so not to be a nuisance, menace, or danger to the public peace, health and safety, and shall be in accordance with any rules or obligations as provided by the city council.

(Ord. No. 1890, § 1(Exh. A, § 24-17), 2-22-2022)

(a)

The contractor who contracts with the city for removal and disposal of solid waste shall dispose of same in such locations and under such conditions as may be approved by the city.

(b)

At the request of either the city or a commercial customer, the contractor shall supply a rolling container with lockable tops at the customer's collection site. The contractor may charge a fee to the customer for setup, maintenance and replacement of missing or broken locks, provided the fee is approved in the city council's current fee-setting resolution. The tops are to remain locked at all-time except when the customer loads the container or the contractor unloads or replaces it.

(c)

At the request of the city, any commercial container is to be emptied and its contents are to be properly disposed of on the same day the request is made; this is to take place regardless of when the container is normally scheduled for pickup. The customer is to be billed for the extra pickup. The city will monitor the situation and may order the permanent placement and disposal for an additional container or increase in level of service if the earlier number of containers is inadequate to protect the general health, safety and welfare of the public. In that case, the commercial customer shall pay for the additional container(s).

(Ord. No. 1890, § 1(Exh. A, § 24-18), 2-22-2022)

(a)

Installation of additional containers shall meet all planning and zoning requirements.

(b)

An additional charge may be required for additional containers.

(Ord. No. 1890, § 1(Exh. A, § 24-19), 2-22-2022)

The rates and fees to be charged the customer for residential or commercial collection shall be as prescribed and set forth in the rate schedule by the city manager and thereafter revised by the city council. The rate as finally set by the city council shall become effective upon adoption thereof, or such other time as specified.

(Ord. No. 1890, § 1(Exh. A, § 24-20), 2-22-2022)

Secs. 24-45—24-60. - Reserved.