Hermosa Beach Municipal Code Ch. 8.12 Solid Waste Collection and Disposal

Contents:

8.12.010 Definitions.

8.12.020 Mandatory service.

8.12.030 Authorization by city council–contract requirement.

8.12.040 Collector agreement–contents.

8.12.050 Collector franchise fee.

8.12.060 Resolution of conflicts.

8.12.070 Permits and licenses.

8.12.080 Transfer of collector agreement.

8.12.090 Revocation of permit or collector agreement.

8.12.100 Interim suspension.

8.12.110 Notice of hearing–revocation.

8.12.120 Appeals.

8.12.130 Council action.

8.12.140 Hours of collection.

8.12.150 Resource recovery.

8.12.160 Ownership of solid waste and recyclables.

8.12.170 Trespass.

8.12.180 Worker’s compensation insurance.

8.12.190 Collector’s liability insurance.

8.12.200 City to be free from liability.

8.12.210 Office for inquires and complaints.

8.12.220 Pre-collection practices.

8.12.230 Post-collection practices.

8.12.240 Residential premises–care of containers.

8.12.250 Disposal and status of solid waste.

8.12.260 Commercial/industrial frequency of collection.

8.12.270 Commercial/industrial containers.

8.12.280 Commercial/industrial–maintenance and placement of containers.

8.12.290 Commercial/industrial–care of containers.

8.12.300 Commercial/industrial special circumstances.

8.12.310 Vehicle and equipment standards.

8.12.320 Prohibited activities.

8.12.330 Litter.

8.12.340 Transfer of loads on public streets.

8.12.350 Violations of garbage collection and disposal regulations.

8.12.360 Mandatory collection fee.

8.12.370 Rates.

8.12.380 Residential householder exclusion.

8.12.390 Gardener’s exclusion.

8.12.400 Commercial/industrial exclusions.

8.12.410 Contractors’ exclusions.

8.12.420 Document destruction service.

1. For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as set forth in Section 8.14.030 or as set forth below, unless it is apparent from the context that a different meaning is intended:

(Ord. # 21-1431 §1, adopted 06/08/2021, effective 07/08/2021)

Administrative Authority means the city manager, or his/her designee.

Effective on: 7/8/2021

Bulky goods or bulky items means oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, and other small household appliances, furniture, sofas, mattresses, box springs, large rugs, and organic waste. Bulky Items do not include car bodies, tires, construction and demolition debris or items requiring more than two (2) persons to remove. Electronic waste may be collected as bulky items if provided for in a collection agreement

Effective on: 7/8/2021

Collection means the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables.

Collector means any person: (a) who has been awarded an exclusive contract to provide residential or commercial/industrial solid waste or recyclables collection services in the city, or (b) who has been issued a permit or nonexclusive contract to provide solid waste handling services to state facilities.

Collector agreement or Franchise agreement is an agreement between a collector and the city to collect or dispose of solid waste in accordance with the provisions of this chapter.

Effective on: 7/8/2021

Commercial/industrial business owner means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

Commercial/industrial collector means a collector which collects solid waste and recyclables from commercial/industrial premises.

Commercial/industrial premises means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and includes, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple dwelling containing five or more dwelling units, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

Construction site or demolition site means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

Construction or demolition waste means C&D as defined in Section 8.14.030.

Effective on: 7/8/2021

Container means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste or recyclables for collection.

Effective on: 7/8/2021

Disposal or dispose means the ultimate disposition of solid waste collected by contractor at a landfill or otherwise in full regulatory compliance.

Effective on: 7/8/2021

Electronic Waste means electronic equipment, including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “e-waste”.

Effective on: 7/8/2021

Exclusive solid waste handling services means any action by the city council, whether by franchise, contract, license, permit or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.

Effective on: 7/8/2021

Franchisee or franchised private collector means a collector that has been authorized to collect solid waste under this chapter and pursuant to the terms of a collector agreement.

Effective on: 7/8/2021

Hazardous Waste means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under.

Effective on: 7/8/2021

Holiday means: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day.

“Holiday” also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector’s employees, provided the holiday is established or recognized by resolution of the city council.

Effective on: 7/8/2021

In the city or within the city means within the limits of the city as such limits exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the city.

Person means any individual, association, firm, partnership, corporation or any other group or combination thereof acting as a unit.

Processing means the reduction, separation, recovery and conversion of solid waste.

Public agency means any governmental agency or department thereof, whether federal, state or local.

Recyclables or recyclable materials means non-organic recyclables as defined in Section 8.14.030.

Effective on: 7/8/2021

Recycling means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

Residential collector means a collector which collects solid waste and recyclables from residential premises.

Residential householder means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

Residential owner means the owner of any residential premises within the city.

Residential premises means any residential dwelling unit within the city, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks, except any multiple or multi-family dwelling containing five or more dwelling units.

Effective on: 7/8/2021

Resource recovery means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. "Resource recovery" includes, but is not limited to, transformation, composting and multi-material recycling.

Solid Waste means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including construction or demolition waste, bulky items, recyclable materials, and organic waste, or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of “Non-hazardous Solid Waste” set forth in the California Code of Regulations. Solid waste may also be referred to as garbage, rubbish and refuse throughout this chapter and the terms may be used interchangeably. Solid waste must be generated by and at the physical location where the waste is collected.

Effective on: 7/8/2021

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

Solid waste handling services means the collection, transportation, storage, transfer or processing of solid wastes for residential or commercial/industrial users or customers.

Standard commercial/industrial solid waste container means a state-of-the-art bin or solid waste container used in connection with commercial/ industrial premises with a two-, three-, four-, six- or eight-cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/ industrial premises being served, a fifteen (15), twenty-five (25), thirty (30), forty (40) or fifty (50) cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.

1. All solid waste collected from residential or commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive contract awarded by the city council ("authorized collector").
2. No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.
3. Except as otherwise provided in this chapter, each residential owner and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the city council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the authorized collector, except as otherwise provided in this chapter.
4. Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclusive contract between the city and the authorized collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.1)

The city council may authorize, by contract, a solid waste enterprise to provide solid waste handling services for residential, commercial/ industrial users or customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.

No person shall collect or dispose of solid waste or recyclables in the city unless that person has entered into a contract (the "collector agreement") with the city, except as otherwise specifically provided in this chapter. Any such contract shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the city. Collectors operating in the city on the effective date of this chapter under a permit or a nonexclusive contract agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2)

The terms and provisions of any collector agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

1. The nature, scope and duration of the agreement;
2. The collection schedule, including the frequency, days and hours of collection;
3. The applicable franchise fee, including the amount, method of computation, and time for payment;
4. The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same;
5. Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements;
6. The receipt, processing and reporting of customer inquiries and complaints;
7. The collection of solid waste from publicly owned property and facilities;
8. Performance standards for the collector’s personnel and equipment;
9. Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;
10. Standards and procedures for periodic performance reviews by the city;
11. Noise attenuation policies and procedures;
12. The maintenance by the collector of an office for the conduct of business;
13. Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclables, and resource recovery;
14. Requirements relating to comprehensive liability insurance and workers’ compensation insurance;
15. Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;
16. Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;
17. Requirements relating to performance bonds and to indemnification;
18. Requirements relating to affirmative action programs;
19. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records;
20. Requirements relating to the assignment, transfer and renewal of the agreement;
21. Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the city of state-mandated programs, including, without limitation, Chapter 8.14, the city’s source reduction and recycling element and the city’s household hazardous waste element;
22. Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collector agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.1)

(Ord. # 21-1431 §2, adopted 06/08/2021, effective 07/08/2021)

Effective on: 7/8/2021

Each collector shall pay a franchise fee in an amount determined by resolution of the city council or established in the collector agreement authorizing the collection of solid waste or recyclables. (Ord. 95-1132 § 2 (part), 1995: prior code § 27-2.2)

In the event of any conflict between the provisions of a collector agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the collector agreement shall control. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.3)

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.4)

No permit or collector agreement which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or the majority of the ownership or control in the collector, and the transfer of a majority of stock in collector to another person. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.5)

After a hearing as provided in this chapter, the city manager may revoke or suspend any collection permit or collector agreement for violation of a provision of this chapter or any other applicable law, ordinance or regulation of any public agency. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.6)

The city manager, without a hearing, may suspend a collector agreement or a permit for not more than sixty (60) days, if the city manager finds that continued operation by the collector will constitute a threat to the public health, safety or general welfare. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.7)

The city manager shall mail notice of a hearing to revoke a collection permit or collector agreement to the collector not less than fifteen (15) days prior to such hearing. In the event of the revocation of a collector agreement or a permit, the city manager shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.8)

Within fifteen (15) calendar days after notice by the city manager of revocation of a collection permit or collector agreement has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.9)

The city council may either affirm the action of the city manager, send the matter back to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in Section 8.12.090. Notice of such hearing shall be sent to the collector not less than fifteen (15) days prior to the hearing. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.10)

1. No collection within the City shall be made between the hours of six (6:00) p.m. and seven (7:00) a.m. the next day. Additionally, no collection shall be made from residential premises any time on Saturday or Sunday. Collection from commercial premises is permitted seven days per week during the permitted hours of collection.
2. No delivery or removal of containers by a collector may be made between the hours of six (6:00) p.m. and seven (7:00) a.m. the next day.
3. The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector. (Ord. 13-1339 §4, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.4)

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.5)

Subject to Public Resources Code Section 41950(c), at such time as the solid waste or recyclables are collected by the collector, the solid waste or recyclables are the property of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.6)

No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.7)

A collector shall at all times provide, at its own expense, workers’ compensation insurance coverage for all of its employees as required under State law and shall file and maintain a certificate with the City Manager showing said insurance to be in full force and effect. (Ord. 13-1339 §5, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.8)

1. A collector must obtain comprehensive general and automobile liability insurance acceptable to the City Attorney insuring a collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the collector’s activities. The insurance shall be in an amount set forth in the franchise agreement or permit, name the City of Hermosa Beach and its officers, employees and agents as additional insureds, and state that it shall not be canceled or modified without first giving to City written notice as provided in the franchise agreement. Such insurance shall be primary and noncontributing with respect to any other insurance available to the City and will include a cross-liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a form approved by the City Attorney, shall be filed with the City Manager before the hauler is authorized to collect or otherwise transport solid waste under the franchise agreement or permit.
2. Suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements of subsection A above shall be grounds for immediate suspension of the franchise agreement or permit until new insurance is provided, and a collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. (Ord. 13-1339 §6, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.9)

Any collector or person who collects, transports, or disposes of solid waste or recyclables within the city shall indemnify, defend and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation or disposal of solid waste or recyclables by that person. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.10)

1. A collector shall maintain an office at some fixed location and shall maintain a telephone line at the office, listed in the current telephone directory and online at the collector’s website, in the firm name by which it conducts business in the City, and shall, during the days and times provided for in the franchise agreement, have an employee or agent at said office to answer inquiries and receive complaints. In addition, inquires and complaints may also be handled by email if provided for in the franchise agreement.
2. The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date and time the complaint was received, the name, address and telephone number of the caller/complainant, a description of the complaint, the name of the employee recording the complaint and the action taken by contractor to respond to and remedy the complaint, or reason for not remedying the complaint, and any other information required under a franchise agreement. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the City and as set forth in a franchise agreement. Such log of complaints shall be provided to the City quarterly and shall, along with other records pertaining to solid waste and recyclables collection and disposal be open to the inspection of the City at all reasonable times and shall be maintained for a period of one year, or as set forth in the franchise agreement. Compliance with the requirements of this section is a condition to any permit or collector agreement which is awarded by the City. (Ord. 13-1339 §7, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.11)

1. Approved Containers. It shall be the duty of every owner or occupant of a commercial/industrial premises or residential premises to maintain, in sanitary condition, collector-provided containers in compliance with Chapter 8.14. Containers shall be provided at collector’s expense. Notwithstanding, a collector agreement may authorize owners or occupants to provide carts under designated circumstances.

2. Containers shall be marked, and meet the specifications, as set forth in the collector agreement. Unmarked containers and containers from other haulers may be removed by the collector in accordance with provisions set forth in the collector agreement.

3. Storage of Containers. All residential and commercial structures constructed after 1973 shall be required to provide an enclosure for the storage of solid waste containers. All residential and commercial structures constructed prior to 1973 shall have two calendar years from the date of adoption of this chapter (March 8, 1977) to provide solid waste container enclosures in accordance with the provisions stated herein. Where such enclosures have been constructed, all containers shall be placed therein.

4. Residential. Storage facilities for residential premises shall include an area sufficient for three, thirty-five (35) gallon capacity refuse containers. Such storage facilities shall be provided in any one of the following ways:

5. Attached to the outside of the structure on privately owned property, enclosed on all sides by suitable screening of not less than four feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or

6. Constructed within the building structure; or

7. A separate structure enclosed on all sides by suitable screening of not less than four feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or

8. Within an accessory building such as a garage or storage shed, or within a primary structure in a service porch-type area.

A collector agreement may set forth the circumstances where commercial containers may be used in place of residential containers for certain residential premises that operate in a commercial manner (for example group residential, assisted living facilities, residential hotels or motels).

4. Containers shall not be placed for collection any earlier than 5:00 p.m. the day prior to the designated collection day. (Ord. 13-1339 §8, March 12, 2013)

(Ord. # 21-1431 §3, adopted 06/08/2021, effective 07/08/2021)

Effective on: 7/8/2021

1. Removal of Refuse Containers. Any person who places refuse container(s) for collection in an alley or upon a curbside shall remove all containers from the area where the collection was made by ten (10:00) a.m. of the morning following the regular day of collection. Containers not timely removed as set forth above may be removed by the city or collector, impounded and disposed of in a manner considered appropriate by the administrative authority (Ord. 13-1339 §9, March 12, 2013)
2. Maintenance of Abutting Street or Alley. Prior to and following collection, it shall be the duty of every property owner placing refuse at curbside or in an alley for collection, to maintain the sanitary condition of the street or alley abutting his property from the property line to the curbside or from the property line to the center line of the alley. (Prior code § 27A-4)

Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright position, at the location where found by the collector. (Ord. 13-1339 §10, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.12)

The collector shall collect and dispose of all solid waste generated and presented for collection in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with applicable federal, state and local laws and regulations and any controlling permit or collector agreement between the collector and the city. All solid waste collected by a collector shall be the exclusive property of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.13)

The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector, within the times approved by the City for commercial/industrial collection, subject to City approval should a disagreement occur. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. (Ord. 13-1339 §11, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.14)

1. Every commercial/industrial business served by a collector shall use the standard commercial/industrial solid waste container or containers provided by the collector, which containers are compatible with the collector’s collection equipment and otherwise in compliance with Chapter 8.14.
2. Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall provide containers on casters or hasps or locks upon request by the commercial/industrial business owner. (Ord. 13-1339 §12, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.15)

(Ord. # 21-1431 §4, adopted 06/08/2021, effective 07/08/2021)

Effective on: 7/8/2021

Containers shall be maintained in a clean and sanitary condition by the collector. Every commercial/industrial business owner shall provide a container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector. (Ord. 13-1339 §12, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.16)

(Ord. # 21-1431 §5, adopted 06/08/2021, effective 07/08/2021)

Effective on: 7/8/2021

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.17)

Except as otherwise provided in a collector agreement, if particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/ industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the collector do not agree as to the methods for service provided for in this section, the City Manager shall determine the method of service. If the collector is unable or unwilling to provide such service, the City Manager may authorize the business owner to use another solid waste enterprise for such special service until the collector can provide such service in its normal course of business. (Ord. 13-1339 §12, March 12, 2013; Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.18)

1. Vehicle Identification. No person may operate any vehicle for the collection of solid waste or recyclables other than a collector who has a valid business license and solid waste collection collector agreement or permit and who has paid all required license, collector agreement, permit or other City charges. Each vehicle used by the collector shall have an identification number printed or painted in legible numbers not less than three inches in height in plain sight from four directions.

2. Vehicle Standards. Any vehicle utilized for the collection, transportation or disposal of solid waste and/or recyclables shall comply with the following standards:

3. Each vehicle shall be constructed and used so that no solid waste, oil, grease or other substance will blow, fall or leak out of the vehicle.

4. A broom and shovel shall be carried on each vehicle at all times.

5. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency, and in compliance with any requirements in the collector agreement or permit.

6. Each vehicle must be under fifteen years of age unless specifically authorized in writing by the City Manager.

7. Routine inspections by the California Highway Patrol shall be conducted annually and certified according to state law by the California Highway Patrol or by an independent contractor licensed by the California Highway Patrol, and certificates for the inspection shall be filed within thirty days of inspection with the City Manager.

8. All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City Manager.

9. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers.

10. The collector’s name or firm name and telephone number shall be printed or painted in legible letters not less than five inches in height on both sides of all of collector’s vehicles used in the city.

11. High intensity fog lamps shall be maintained on any vehicle eighty (80) inches or wider, which shall consist of two red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than fifty (50) feet.

12. All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation.

13. As the collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the City Manager. All equipment shall also be subject to any requirements set forth in the collector agreement or permit. (Ord. 13-1339 §12, March 12, 2013)

14. Operation of Equipment. All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable federal, state and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the city.

15. Compliance with Vehicle Standards. Any vehicle used in the collection or transportation of solid waste in the city shall, at all times, be maintained in accordance with all the standards set forth in subsection B of this section. The use of a vehicle which fails to comply with each of the standards set forth in said subsection is prohibited. A collector shall immediately remove any vehicle from collection service which fails, at any time, to conform to any of the standards recited in said subsection and shall not use that vehicle until it is repaired. Should the city manager give notification at any time to a collector that any of the collector’s vehicles is not in compliance with the standards of this chapter, the vehicle shall be immediately removed from service by the collector. The vehicle shall not again be utilized in the city until it has been inspected and approved by the city manager. The collector shall maintain its regular collection schedule regardless of the repair of any vehicle. (Ord. 95-1132 §5, 1995: prior code § 27A-5)

1. It is unlawful for any person to interfere with the collection, conveyance or disposal of solid waste by the city or its franchisee.
2. No person, except the city or a franchised private collector with authorized permit, shall gather, collect or transport solid waste within the city and exact charges for such service.
3. It is unlawful to deposit solid waste within or upon another person’s property without the consent of the owner of said property.
4. It is unlawful for any property owner or occupant to allow solid waste and debris to be scattered or accumulate upon public rights-of-way abutting his/her property.
5. It is unlawful for any person to cause to be placed for collection any solid waste which does not conform to standards set forth in this chapter, or standards set forth in subsequent resolutions.
6. It is unlawful for any person to place for collection any solid waste from outside the city.
7. It is unlawful for any person to scavenge materials from any solid waste container.
8. It is unlawful for any person other than an officer of the city, or the owner, or the employee of an authorized franchised private collector, to interfere in any manner with any residential or commercial containers, including recycling containers or to remove any residential or commercial containers including recycling containers from the location where the same was placed by the owner thereof.
9. It is unlawful for any person to deposit, bury or burn solid waste in the city or to permit such activity to occur.
10. It is unlawful for any person to cause or permit solid waste to accumulate at any place or premises under his charge or control for a period in excess of one (1) week.
11. It is unlawful for any property owner to allow any portion of his property to become a breeding place for flies, wild rodents or other pests. (Ord. 16-1369 §1, 2016; Ord. 13-1339 §12, 2013: prior code § 27A-6)

Any person who deposits or causes to be deposited any solid waste or recyclables on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. (Ord. 95-1132 §6 (part), 1995: prior code § 27A-10.2)

No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. 95-1132 §6 (part), 1995: prior code § 27A-10.3)

Violations of the provisions of this chapter shall be a misdemeanor enforceable as provided in Chapter 1.04. (Ord. 14-1348 §5, 2014: Ord. 07-1281, 2007)

1. In order to protect the health, safety and welfare of the residents of the city, the charges (including bin rental where applicable) for collection of garbage, rubbish and other refuse shall be billed in advance either by the city or its franchisee to each owner(s) of record of all premises where refuse is produced or generated. Said billing shall be in the manner and frequency as established by the city either by resolution or by contract with its franchisee. The city may adopt such billing and collection procedures as are deemed necessary and appropriate.

2. If an owner of record fails to pay a service bill by the date set by the city council by resolution establishing such procedures or by contrast with its authorized franchisee, the owner of record will be sent a notification of such delinquency which shall include a penalty fine of ten (10) percent, and the owner of record shall be assessed an additional ten (10) percent penalty fine for every succeeding thirty (30) days of delinquency. Said notification shall be sent by the franchisee.

3. Each successive billing period established above shall include the accumulated unpaid charges in a delinquent account for collection and disposal of refuse, as well as the accumulated penalties. Those owners of record who receive such notice shall not invalidate any action taken by the franchisee or city under this section.

4. Should the owner of record fail or refuse to pay the fee assessed for collection of garbage, rubbish or other refuse as provided in this section, the individual in charge of such collection shall advise the city manager of such refusal. The failure to pay would, except for the provisions hereof, result in the noncollection of garbage, rubbish or other refuse, which condition the council determines and declares would be a threat to the public health, safety and welfare and which condition, if permitted to exist, is declared to be a public nuisance. In the event of nonpayment, the city manager shall direct the contractor or franchisee to continue to provide service, and the past-due billings, including penalties and expenses and charges for collecting such billings, shall be assessed against the property as provided in this section. The franchisee shall continue to collect garbage, rubbish and refuse in cases of nonpayment when directed to do so by the city manager.

5. All costs incurred in collection of unpaid charges shall be recoverable by the city and charged against the property from which the garbage, rubbish or refuse was collected.

6. The city manager shall direct a notice to the property owner where unpaid charges are pending, at the address shown on the latest tax roll, setting a date, time and place for a hearing before the administrative appeals board of the city at which the board shall review all unpaid charges and make a recommendation to the city council whether such charges should be charged against the property. The city manager shall thereafter direct a notice to the owner(s) of record where unpaid charges are pending, setting a date, time and place for a public hearing before the city council at which the administrative appeals board’s recommendation shall be considered and all unpaid charges shall be reviewed. Any property owners shall have the right to appear at the public hearings before the administrative appeals board and before the city council.

7. At the conclusion of its public hearing, the city council shall determine and approve, as an assessment against the property, all past-due billings and penalties due to the date of said hearing, together with the costs incurred in collecting the unpaid charges. If the total assessment determined and approved by the council is not paid within ten (10) days after the determination by the council, the delinquent account shall be submitted to the county assessor for inclusion as a special assessment against the parcel. The assessment shall be collected at the same time and in the same manner as county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

8. The membership in terms of the administrative appeals board shall be established by resolution of the city council.

9. Alternative Billing Procedures–Payment by Tenant. Upon the written application of the owner of any premises, filed on a form supplied by the city manager or his designee, the city may bill the occupant of the premises where the occupant is other than the owner. In such case, it shall not be necessary to send a separate bill to the owner. The owner shall continue to be responsible for the payment of such bills even though no bill has been received, and delinquent accounts will still result in penalties and establishment of a lien against the property pursuant to the provisions of subsection (A) of this section.

10. The application shall set forth the address of the property, the name of the occupant, and the name and address of the owner, and shall include a statement signed by the owner acknowledging continuing responsibility for payment of such bills in the event that the occupant fails to make timely payment in full.

11. The city manager shall approve such application unless there is at the time an unpaid balance due and owing on the account of the subject premises.

12. An application, once approved, shall remain in effect until such time as:

13. The owner withdraws the application; or

14. Ownership of the property is transferred, in which case the new owner may submit a new application; or

15. It is determined that the application included false or misleading information; or

16. The account is delinquent for two consecutive quarters, in which case the city manager shall not approve a new application for a period of one year after the date of revocation of the application.

17. If an occupant fails to pay a service bill, the owner shall be sent a notice indicating that the account is delinquent and a penalty has been assessed against the account pursuant to subsection A of this section.

18. A separate application is required to be filed for each premises for which a separate billing account is maintained.

19. Exemptions.

20. Under certain circumstances, residential premises may be granted an exemption from the mandatory provisions set forth herein. If those circumstances exist or if other cause exists to justify an exemption from the mandatory provisions, the owner of such residential premises shall apply to the city manager for an exemption. The following circumstances shall ordinarily constitute the basis for an exemption:

21. Residential premises upon which no habitable structures are located; or

22. Residential premises which will remain unoccupied for at least one full month, including property upon which habitable structures are being constructed or significantly remodeled; or

23. Such other special circumstances as determined by the city manager to warrant the granting of an exemption from the mandatory provisions of this section. In granting such exemption, the city manager shall be governed by written policies which the city council may from time to time adopt, relative to the circumstances under which an exemption may be granted.

24. Any property owner who applies for an exemption from the mandatory collection fee provisions shall provide adequate information supporting such request, and any misstatements or misrepresentations with respect to the justification for such exemption will void the application, if not yet approved, or the exemption, if already granted, and subject the property owner to a fine in an amount to be established by the city council.

25. An exemption shall be valid only as to a specified service period, and new application must be made for an exemption for any subsequent period. (Ord. 13-1339 §12, 2013; prior code § 27A-8)

The city council may, by resolution, establish rates to be charged to residential householders or owners and to commercial/industrial business owners for the collection of solid waste and recyclables. The city council may, by resolution, establish or adjust the rates charged by those collectors which, upon the effective date of this chapter, are operating in the city pursuant to permits or nonexclusive contract agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the city council, unless otherwise authorized in this chapter. Every commercial/ industrial business owner and residential householder or owner shall pay the rates established from time to time by the city council for collection services rendered pursuant to this chapter in the manner set forth in Section 8.12.360. The city council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector. (Ord. 95-1132 § 4, 1995: prior code § 27A-8.1)

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables or organic waste generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the residential collector with a collector agreement, to haul or transport such materials to a transfer station or landfill. All residential householders shall also comply with the self-hauler requirements of Chapter 8.14. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.1)

(Ord. # 21-1431 §6, adopted 06/08/2021, effective 07/08/2021)

Effective on: 7/8/2021

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.2)

1. Source Separated Recyclables.

2. No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, wornout or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). "Source separated recyclables," within the meaning of this section, means recyclables separated on the commercial/ industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.

3. No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this subsection for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this code, whether in the form of a business license, a business permit, or a nonexclusive contract agreement.

4. Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/ industrial business owner from arranging for any worn, spent or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/ industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.3)

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive contract collector shall have the right of first refusal to provide such services. If the exclusive contract collector cannot guarantee that such services will be provided within a period of twenty-four (24) hours, then the city manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.4)

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.5)