Hesperia Municipal Code Ch. 8.04 Solid Waste Management

Footnotes:

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Editor's note— Ord. No. 2014-13, § 4, adopted May 20, 2014, repealed the former Chapter 8.04, §§ 8.04.010—8.04.300, and enacted a new Chapter 8.04 as set out herein. The former Chapter 8.04 pertained to garbage and refuse collection and disposal and derived from Ord. No. 56, 1989; Ord. No. 144, 1992 and Ord. No. 291, 2000.

The city council finds and determines it is necessary to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of solid waste.

(Ord. No. 2014-13, § 4, 5-20-14)

Terms used in this chapter shall be as defined in Chapter 1.04 or as defined herein.

(Ord. No. 2014-13, § 4, 5-20-14)

The city council may authorize, by franchise, an agreement to provide solid waste handling services for residential, and/or non-residential users or other customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or nonexclusive 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 city limits.

No person shall collect or dispose of solid waste in the city unless that person has entered into an agreement (the franchise agreement) with the city, except as otherwise specifically provided in this chapter. Any such agreement 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.

Notwithstanding anything to the contrary herein, solid waste does not include recyclables unless such recyclables are discarded by the owner (including where the owner pays a fee or other consideration to have recyclables collected by another party). Nothing in this chapter or any franchise agreement shall prevent the ability of an owner to keep, collect and/or market his/her own non-discarded recyclables.

(Ord. No. 2014-13, § 4, 5-20-14)

A. A franchise issued pursuant to this chapter shall provide for the payment of franchise fees to city, shall contain additional provisions agreed to by and between city and franchisee and shall constitute a written agreement of the parties.

B. In emergencies such as the breakdown of equipment, or a declared emergency disaster such as fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the city, that franchisee is delayed or otherwise unable to provide solid waste collection service during such emergency, the franchisee shall within ten days of the commencement of such delay notify the city manager or designee in writing of the causes of the delay. The city manager or designee shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the city manager or designee is that such a delay is justified. No extension of time for performance shall be granted, however, by reason of the unavailability of any disposal site or by reason of strikes, lockouts, or other labor disturbances, or breakage or accidents to vehicles, equipment, machinery or plants.

(Ord. No. 2014-13, § 4, 5-20-14)

No permit or franchise 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 under the criteria and procedures agreed to between the city and franchisee in the franchise agreement. This restriction includes the transfer of ownership or the majority of the ownership or control in the franchise, and the transfer of a majority of stock in franchise to another person.

(Ord. No. 2014-13, § 4, 5-20-14)

The property owner of record within the city where any solid waste accumulates shall pay to the franchisee a fee in such amounts and in such manner as shall be established by resolution of the city council for solid waste and recyclables collected and removed from the place or premises by the franchisee. This section shall apply to all residential and non-residential property within the city. 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. Any such arrangement shall not affect the property owner's obligation for payment to the franchisee.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Every non-residential owner and residential owner shall pay the rates, fees and charges established from time to time by the franchisee and authorized by the city council for collection services rendered pursuant to this chapter in the manner set forth in this section and pursuant to the procedural and substantive requirements for such charges as provided in state law.

B. The billing and collection of the rates, fees and charges authorized by the city council for solid waste and recyclables collection services shall be the responsibility of the franchisee, and the city shall have no liability or responsibility for billing and collection. Billing and collection for service may be done on a monthly or bi-monthly basis in advance of service, providing the due date of said bill is not more than sixty-five (65) days prior to the end of the billing cycle where service is being provided. Franchisee shall refund any portion of charge for service which is not provided within ten days of cancellation of service.

C. Franchisee shall provide at least three monthly, written notices of delinquency/past-due account status to the occupants and/or property owner of any premises with a delinquent account. Further, franchisee shall be entitled to collect late charges at the rate of one and one-half percent per month and, in addition, to charge a reasonable rate for the redelivery of containers as approved in the rate structure. Franchisee shall also be entitled to utilize any remedies or lien procedures available to it for the collection of delinquent accounts as stated in this chapter, as such may be amended from time to time.

D. Unless prior arrangements for payment is made, franchisee may discontinue service to non-residential and multi-family residential accounts that are more than ninety (90) days past due, provided, however, before service is discontinued a stop service notice shall be given by written notice, which notice shall demand payment or arrangements for payment satisfactory to the franchisee. Should franchisee terminate service to any customer in the city, nothing herein waives or supersedes the city's rights to initiate code enforcement action(s) in response to the build-up, long-term stagnation, or misplacement of solid waste as a result of said termination of franchisee's service.

E. The city council shall be authorized to establish, by resolution, administrative charges and penalties for the collection of delinquent rates, fees and charges for solid waste and recyclables collection services.

F. The city may collect properly charged but delinquent rates, fees and any related penalties for solid waste and recyclables collection services authorized by this chapter by causing the delinquent fees to be placed on the San Bernardino County tax rolls through procedures established by the San Bernardino County tax collector, in accordance with procedures established by the city council by resolution, or by any other lawful manner provided by the laws of the state.

(Ord. No. 2014-13, § 4, 5-20-14)

No person may operate any vehicle for the collection of solid waste other than a solid waste franchisee who has a valid business license and has paid all required licenses, permits or other state and local charges. Such vehicles used shall comply with the requirements of the franchise agreement established pursuant to this chapter. Any vehicles not subject to a franchise agreement and allowed to collect recyclables pursuant to this chapter shall comply with the Vehicle Code and other state and/or federal laws governing its transport.

(Ord. No. 2014-13, § 4, 5-20-14)

Franchisee shall comply with the organic waste recycling requirements found in state organics laws, including but not limited to, the following:

A. Franchisee shall provide a solid waste collection service that complies with the requirements of 14 CCR Section 18984.1, 18984.2, or 18984.3. If franchisee uses an unsegregated single-container collection service that allows for the commingling of all collected solid waste, including organic waste, franchisee shall transfer all collected solid waste to a high diversion organic waste processing plant, as defined in 14 CCR Section 18982(a)(33).

B. Upon request by the city, franchisee shall identify the facility or facilities to which the franchisee will transport organic waste.

C. Franchisee shall provide solid waste collection containers that comply with the color requirements specified in Article 3 of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations; provided, that the franchisee is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

D. Franchisee shall place labels on each new container or lid provided to solid waste generators in compliance with 14 CCR Section 18984.8.

E. Franchise shall maintain and provide to city upon request all records necessary to allow the city to timely comply with the reporting requirements in state law, including but not limited to the reporting requirements in state organics laws.

(Ord. No. 2021-012, § 7, 12-21-21)

No city resident, owner, or occupant shall employ or engage any solid waste collector, other than the franchisee, to haul or transport solid waste or recyclables to a transfer station, material recovery facility, landfill, or other waste processing or disposal facility; nor shall any city resident, owner, or occupant collect or dispose of solid waste generated elsewhere than in or on his or her residential premises. No provision of this chapter shall prevent city residents, owners, or occupants of premises from collecting and disposing of occasional loads of solid waste generated in or on his or her residential premises, or from composting green waste, or from selling, donating or disposing of recyclables generated in or on his or her residential premises except as follows:

A. Gardener/Landscaper Green Waste. Nothing in this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, pruning, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services, provided that such persons or entities shall comply with the requirements applicable to third-party haulers in Section 8.04.230.

B. Recyclable Materials. Nothing in this chapter shall prevent an owner of premises from selling to a buyer, for a monetary or other valuable consideration, any recyclable material, generated in, on or by an owner of premises, and no longer useful to such owner of premises 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 or recyclables 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). A mere discount or reduction in price of third-party charges for the handling of recyclables is not a sale or donation within the meaning of this chapter. Such buyers shall comply with the requirements applicable to third-party haulers in Section 8.04.230.

C. Contractor's Construction and Demolition Waste.

1. Nothing in this chapter shall prevent the following:

a. 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 collected, processed and transported by contractor's own employees and equipment from the premises on which such waste is generated. Asphalt, concrete and dirt shall be considered saleable items;

b. The collection, transport and disposal by a construction contractor of construction and demolition (C&D) waste from remodeling jobs which are generated as an incidental part of providing such remodeling services, provided that the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing (except for tipping fee) of the C&D waste and utilizes own employees and equipment to collect, transport and dispose of the C&D waste.

2. Contractors hauling C&D waste under this section shall comply with the requirements applicable to third-party haulers in Section 8.04.230.

D. Legally-Required Exemptions. Other collection, removal or disposal activities require to be exempt from mandatory franchise services pursuant to law, or entities exempt from such franchise pursuant to state or federal law, including but not limited to non-city governmental entities located within city boundaries.

E. Unoccupied Units. Premises which have been unoccupied by any human habitation and upon which no refuse has been produced or accumulated for three consecutive months may be exempted from mandatory service by the city until such premises become occupied. The granting of an exemption shall be conditioned upon completion and approval of an exemption application. Exemptions shall expire on December 31, of each calendar year. An exemption may be renewed, provided that during three consecutive months prior to the application for renewal, the premises have been unoccupied by any human habitation and no refuse has been produced or accumulated. A unit shall be deemed "unoccupied" if the structure is both unoccupied and unused (such as without limitation, foreclosed or abandoned structures). Structures that are unoccupied by virtue of their continuing use as a vacation home or a seasonal business shall not be considered as "unoccupied."

(Ord. No. 2014-13, § 4, 5-20-14; Ord. No. 2021-012, § 8, 12-21-21)

In all cases where the right to an exemption pursuant to this chapter is exercised, disposal shall be made at a transfer station, material recovery facility, landfill, or other waste processing or disposal facility which meets all applicable regulatory requirements, including but not limited to state organics laws. Any such disposal by a person exempted under this chapter shall not relieve such person from any obligation or liability imposed by this chapter or any other city ordinance, resolution, rule or regulation for the payment of the solid waste and recyclables collection fees charged by the franchisee, or of payment of any other applicable rates or fees.

(Ord. No. 2014-13, § 4, 5-20-14; Ord. No. 2021-012, § 9, 12-21-21)

A. Except as otherwise provided in this chapter, each residential owner and non-residential owner shall subscribe to and utilize the services of the franchisee for the collection of solid waste and recyclables from the residential or non-residential premises held or occupied by such owner and shall pay for such services through fees approved by the city council. No residential or non-residential owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the franchisee, except as otherwise provided in this chapter.

B. 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 or recyclables from within the city for a fee, service charge or other consideration, except as specifically provided in this chapter.

C. Nothing in this chapter shall prevent a non-residential 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 franchise between the city and the franchisee.

D. Any person wishing to cancel service due to moving or relocating shall notify the franchisee in writing; otherwise the franchisee shall continue the regular mandatory service requirement and billing process.

(Ord. No. 2014-13, § 4, 5-20-14; Ord. No. 2021-012, § 10, 12-21-21))

No person shall deposit or cause to be deposited any solid waste or recyclables on the public right-of-way or on private property, except in a container provided as specified in this chapter.

(Ord. No. 2014-13, § 4, 5-20-14)

No person other than the owner thereof, the owner's agents or employees or an officer, employee, or agent of the city, shall remove or tamper with, or remove any solid waste or recyclable material from, any franchisee owned container, other than the owner or occupant of the property served by such container.

(Ord. No. 2014-13, § 4, 5-20-14)

No person other than the franchisee may place a container for the collection of solid waste within the city, except as specifically provided for in this chapter. Any container placed in violation of this section is hereby declared to be a nuisance, and is subject to abatement pursuant to applicable provisions of this code.

(Ord. No. 2014-13, § 4, 5-20-14)

Solid waste operations shall be conducted so as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area within which collections are affected. The collection hours shall be as specified by a franchise agreement or duly adopted resolution of the city council.

(Ord. No. 2014-13, § 4, 5-20-14)

Except as otherwise provided by law, once solid waste and recyclable material have been placed for collection in a franchisee-owned container, ownership of such material transfers to franchisee.

(Ord. No. 2014-13, § 4, 5-20-14)

A. It is illegal to burn any solid waste within the city, except in an approved incinerator or transformation facility, or unless a special permit for such burning has been issued pursuant to authority conferred by the city council, and/or the agency providing fire protection service within the city, and which complies with all applicable permits and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules and regulations.

B. Except as otherwise authorized by provisions of this title, no solid waste of any kind shall be buried anywhere in the city.

C. No person shall dispose of any solid waste, recyclable material, hazardous waste, electronic waste, or tires on public or private property in the city.

(Ord. No. 2014-13, § 4, 5-20-14)

A. No person shall place any hazardous material in any container serviced by franchisee. In the event that any person places any hazardous material in a container serviced by the franchisee, franchisee shall not be required to either collect the material in the container or separate out the material before processing the entire container. Franchisee shall, in the event it inadvertently removes any hazardous material from any container, notify San Bernardino County Hazardous Materials Division or other authorized agency. Franchisee shall notify the person of any hazardous material found in container by placing a tag on the container, and such person shall be responsible for the cost of proper disposal. Franchisee shall keep a daily log with the address of each container not serviced and shall provide a copy of the log to the city upon request.

B. Medical waste (as defined in California Health and Safety Code Section 25117.5), including sharps waste, wearing apparel, bedding or other solid waste or from places where highly infectious or contagious diseases have been present shall not be deposited in franchisee collection containers. Such disposal shall be performed under the supervision and direction of the County of San Bernardino health officer.

C. Highly flammable or explosive or radioactive material shall not be deposited in franchisee collection containers, but shall be removed under the supervision of the city and/or the agency providing fire protection service within the city.

D. Liquid and dry caustics, acids, biohazards, flammable, explosive materials, waste tires, insecticides, and similar substance shall not be deposited in franchisee collection containers.

E. Animal waste from herbivorous animals may be placed in any franchisee-owned container, excluding residential carts, or collected and disposed of by methods described in Title 6 of this code.

(Ord. No. 2014-13, § 4, 5-20-14)

No person shall keep any solid waste, or allow any solid waste to remain upon any premises within the city for more than seven days. At least once a week all solid waste generated within or on any premises in the city shall be removed from the premises and disposed of in accordance with the provisions of this chapter except under the following conditions:

A. Where the solid waste collector normally providing collection services at the premises is unable to perform collection services due to strikes;

B. Where severe weather conditions make it impossible for the solid waste collector normally providing collection services at the premises to perform collection services using normal collection equipment;

C. Official holidays interrupt the normal seven-day collection cycle, in which case collections may be postponed to the next working day of the solid waste collector.

(Ord. No. 2014-13, § 4, 5-20-14)

A. All solid waste containers used in the city shall be the property of the franchisee and shall be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. In any case where the provisions of this chapter permit the storage of solid waste in plastic bags, the bags shall have sufficient strength to hold the solid waste and shall be designed for the containment of solid waste.

B. Except when the containers are set out for collection, all containers shall be kept and maintained within the side or rear yard of the premises (as defined in Title 16) where the solid waste is generated.

C. No person shall place any container in any place or in any manner such that the container impedes normal vehicular traffic, public transportation, bike lanes or pedestrian or wheelchair access to public rights-of-way.

D. No person shall cause or permit any container to be filled in any manner which causes solid waste to overflow from the container.

E. No person shall cause or permit solid waste to be so compacted or otherwise placed, kept or accumulated in any container in a manner which does not allow the contents of the container to fall out, by their own weight, upon the container being lifted and turned upside down.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Any person or business, other that the franchisee, that either (i) purchases or accepts the donation of recyclable materials, including organic waste, as authorized by this chapter, or (ii) provides hauling services that are not exclusively reserved to the franchisee under the city's solid waste franchise agreement, shall be known as a third-party hauler, and shall comply with the requirements of this section.

B. Third-party haulers, in addition to obtaining a business license, if required by this code, shall obtain a third-party hauler permit from the city prior to commencing such hauling and annually thereafter.

1. The city manager, or designee, is authorized to create a permit application and to request any information from the applicant that is necessary to ensure compliance with this chapter, the city's franchise agreement(s), state organics laws, and public health and safety.

2. Third-party haulers shall submit a complete application and an application fee of either one hundred dollars ($100.00) or such other application fee as may be established by city council resolution.

3. Permit applications shall be granted or denied by the city manager or designee, and the city manager's, or designee's, decision shall not be appealable.

C. Third-party haulers shall also comply with the following requirements as a condition of the third-party hauler permit:

1. Source separate all non-organic recyclables and organic waste from other solid waste, and haul such materials to appropriate facilities, in a manner consistent with the 14 CCR Sections 18984.1 and 18984.2, or haul all solid waste containing non-organic recyclables and/or organic waste to a high diversion organic waste processing facility.

2. Keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city and shall be provided to the city upon request. The records shall include the following information:

a. Delivery receipts and weight tickets from the entity accepting the waste.

b. The amount of material in cubic yards or tons transported to each entity.

c. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the third-party hauler's vehicle in a manner that allows it to determine the weight of materials received, the third-party hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

3. Keep a record of the amount of all non-organic recyclable materials the location(s) from which the recyclable materials were collected, and the location(s) to which the recyclable materials were brought, and submit this information to the city on a monthly basis or at such times as determined by the city.

4. Provide city with all other information about the third-party hauler's operations as may be required by the city for compliance with state organics laws and other state law reporting requirements.

(Ord. No. 2014-13, § 4, 5-20-14; Ord. No. 2021-012, § 11, 12-21-21)

Editor's note— (Ord. No. 2021-012, § 11, adopted December 21, 2021, amended the title of § 8.04.230 to read as herein set out. The former § 8.04.230 title pertained to general requirements—handlers of recyclable materials.

A. No person shall engage in the business of collection of residential solid waste unless such person is authorized to do so pursuant to a franchise agreement then existing between such person and the city.

B. It shall be the duty of every property owner to subscribe to the collection service as stated in this chapter whether or not the property is occupied by the owner, residential unit tenant, lessee or occupant.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Each single-family residential unit shall receive the following service:

1. Each single-family residential unit shall receive franchise-owned cart(s) at the basic service rate specified in the rate schedule adopted by resolution of the city council ("schedule") at the initiation of service in which all solid waste shall be collected and must be contained within the cart(s) with the lid closed, and shall be provided at least one weekly collection of solid waste. Notwithstanding the foregoing, an owner of the premises may request additional carts from the franchisee at an additional cost for each additional cart at the rate set forth in the schedule.

2. Single-family units generating less than ninety-five (95) gallons in solid waste or recyclables each week may apply to franchisee for enrollment in collection services as a "low volume" generator. Single-family units qualifying as low-volume generators shall receive only one cart at a lower service rate as reflected in the schedule. Franchisee may remove a customer from the low-volume generator service program if either: (1) the actual amount of solid waste or recyclables generated by the single-family unit actually exceeds ninety-five (95) gallons per week such that franchisee is forced to service the unit more than once-per-week or such that a nuisance condition results from the overflow of materials set out for disposal, or; (2) upon request of the city.

3. Single-family units whose household income (including income for all adult residents over the age of eighteen (18)) falls within the national reported extremely low income levels shall receive a discount on service rates. Income is considered the combined income of all persons living in the home, including: salary (before-tax), child support, alimony, interest earnings, rental income, and other temporary assistance. Residents qualifying for a hardship rate shall receive only one cart at a lower service rate.

B. Each multi-family complex shall receive the following service:

1. Multi-family complexes shall utilize one or more franchisee provided container(s) located at central on-site location(s) and shared by the complex, and shall be provided at least one weekly collection of solid waste. The location of container(s) shall be mutually-agreed as between the multi-family site property management and franchisee, excepting that any storage or placement of containers in public streets or right-of-ways shall not be permitted.

2. Recycling Requirement. Any multi-family complex consisting of five or more dwelling units shall comply with Public Resources Code 40004 ("Mandatory Commercial Recycling/Diversion") and reuse, recycle, compost, or otherwise divert its solid waste from disposal by taking one, or any combination, of the following actions:

a. Source separate recyclable materials from the solid waste being discarded and subscribe to the city's franchisee for the pick-up of the recyclable materials separately from the solid waste to divert the recyclable materials from disposal.

b. Subscribe to franchisee service that includes mixed waste processing that yields diversion results comparable to source separation.

(Ord. No. 2014-13, § 4, 5-20-14)

A. All carts shall be the property of franchisee, and shall be placed by franchisee, following collection, in an upright position where found; provided, however, if carts are found in a public street, the same shall be placed on the nearest curb, sidewalk, driveway, or parkway, and out of said street. Franchisee shall not place any cart or other container in a manner interfering with a public street or public right-of-way.

B. Unless otherwise directed by city, or necessary for safety reasons, single-family residential collections shall occur from the curb along the street in front of each single-family residential unit, except where paved alleys exist in the rear of such premises in which case collections shall be made from alleys (provided, however, that this requirement does not apply to a dead-end alley). Residents may elect to place containers at an alternate collection location, if approved by the city, provided that the placement and retrieval of containers complies with the requirements of this code.

C. Residential containers shall be placed for collection at curbside in front of residence.

1. Wheels of the container shall be placed in the gutter with handle facing the residence.

Where no gutter is present, containers shall be placed on the unpaved shoulder, immediately adjacent to the paved street with the handle facing the residence.

2. Containers shall be at least six feet from any obstruction that would prevent them from being emptied by the franchisee.

3. Containers shall not block pedestrian walkways, wheelchair or bicyclist access.

D. Should a residence only have alley access, containers shall be placed for collection on private property adjacent to the alley property line, with direct access from the alley.

1. Containers shall be placed on a stable, level surface with the handle facing the residence.

2. Containers shall be at least six feet from any obstruction that would prevent them from being emptied by the franchisee.

E. No person shall place, or cause to be placed, any container in the roadway portion of a public street or in any place or in any manner other than hereinabove provided or at any time other than the days established by the city for the collection of solid waste on the particular route involved, not earlier than sunset of the day preceding the day designated for collection. All containers shall be removed from the place of collection prior to 8:00 p.m. of the day the containers have been emptied. Each owner, occupant, tenant or lessee of a residential unit shall maintain containers in a sanitary condition.

(Ord. No. 2014-13, § 4, 5-20-14)

Franchisee shall permit customers who are going on vacation or who otherwise miss a scheduled collection due to absence from the premises to drop-off solid waste or recyclables at franchisee's facility during its normal business hours without incurring an additional charge (prior approval from franchisee is required).

(Ord. No. 2014-13, § 4, 5-20-14)

A. No person shall collect or transport solid waste from any non-residential premises unless such person is authorized to do so pursuant to a franchise agreement then existing between such person and the city.

B. Bins shall be a solid waste container of a capacity exceeding one hundred (100) gallons and generally unmovable by just one individual and provided to customers by franchisee. Under special circumstances and approved by the franchisee, a single non-residential customer may utilize a cart with one weekly services provided by the franchisee.

C. Recycling Requirement. Any non-residential use generating four or more cubic yards of solid waste per week shall comply with Public Resources Code 40004 ("Mandatory Commercial Recycling/Diversion"), and reuse, recycle, compost, or otherwise divert its solid waste from disposal by taking one, or any combination, of the following actions:

1. Source separate recyclable materials from the solid waste being discarded and subscribe to the city's franchisee, for the pick-up of the recyclable materials separately from the solid waste to divert the recyclable materials from disposal.

2. Subscribe to franchisee service that includes mixed waste processing that yields diversion results comparable to source separation.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Non-residential units shall be provided with a minimum one-time weekly collection; the owner of non-residential units may make arrangements with franchisee for more frequent collection services as needed to dispose of all solid waste generated by the premises. Non-residential units may share containers with neighboring business establishments provided that all sharing units share the same premises and so long as the sharing of containers does not result in the overfilling of, or overflow from, containers.

B. Food Establishments. Non-residential units consisting of food processing operations shall subscribe to the franchise collection service as stated in this chapter for the disposal of food-related solid wastes (i.e., a container not shared with other non-residential units unless such units sharing the container are also food processing operations disposing of food-related solid wastes); if more than three cubic yards of food-related solid waste is generated, containers shall be serviced at least twice per week, except where compactors are used that require special handling.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Containers shall be placed in city-approved trash enclosures or behind the building setback line. In the event the container is to be collected from a public alley, the container shall be placed within ten feet of the edge of the right-of-way of such alley.

B. No solid waste container shall otherwise be placed, kept or maintained within or upon any public sidewalk, curb, gutter, alley, street, or other public right-of-way.

(Ord. No. 2014-13, § 4, 5-20-14)

All collection containers shall be maintained in good condition and repair. Containers which become unusable by reason of normal conditions of wear and tear shall be replaced. If damages occur to a container necessitating repairs or replacement of the container, and if said damages were incurred as a direct result of customer negligence, customer shall be liable for such repair costs and/or replacement costs for the container.

(Ord. No. 2014-13, § 4, 5-20-14)

If particular non-residential business premises require collections at times, frequencies or in a manner such that the franchisee 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, such as compactors, or where the quantity of solid waste requires the use of multiple (more than three) containers, the franchisee and the non-residential business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the franchisee do not agree as to the methods for the service provided for in this section, the city manager shall determine the method of service.

(Ord. No. 2014-13, § 4, 5-20-14)

All universities, school districts, other state agencies, and any other governmental entity that are not subject to the city's police powers and the exclusivity provisions of any ordinance to be adopted by the city shall be exempted from the franchise service.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Tier one commercial edible food generators must comply with the requirements of this Section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Operators of large venues (as defined in 14 CCR Section 18982(a)(39)) and large events (as defined in 14 CCR Section 18982(a)(39)) that do not provide food services, but allow for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

6. No later than July 1st of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators provide an annual food recovery report to the city that includes the records listed in Section 8.04.460(C)(5)(c).

D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 2021-012, § 12, 12-21-21)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of Edible Food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2022.

E. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 2021-012, § 12, 12-21-21)

A. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.

B. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days.

(Ord. No. 2021-012, § 12, 12-21-21)

A. City representatives and/or its designated entity, including the franchisee, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facilities to confirm compliance with this ordinance by solid waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, third-party haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.

B. Solid waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, third-party haulers, food recovery services, and food recovery organizations shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designee during such inspections and investigations. Such inspections and investigations may include edible food recovery activities, records, or any other requirement of this chapter. Failure to provide or arrange for (i) access to a person's or an entity's premises, or (ii) access to records for any inspection or investigation, is a violation of this ordinance and may result in penalties described herein.

C. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City shall receive written complaints from persons regarding a person or entity that may be potentially non-compliant with Chapter 12 of Division 7 of Title 14 of the California Code of Regulations (beginning at 14 CCR Section 18981.1), including receipt of anonymous complaints. Complaints shall be in writing and include the following information:

1. If the complaint is not anonymous, the name and contact information of the complainant.

2. The identity of the alleged violator, if known.

3. A description of the alleged violation including location(s) and all other relevant facts known to the complainant.

4. Any relevant photographic or documentary evidence to support the allegations in the complaint.

5. The identity of any witnesses, if known.

E. The city will commence an investigation within ninety (90) days of receiving a complaint that meets the requirements of subsection (E) if the city determines that the allegations, if true, would constitute a violation of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations (beginning at 14 CCR Section 18981.1). However, the city may decline to investigate a complaint if, in the judgment of the city manager or designee, investigation is unwarranted because the allegations are contrary to facts known by the city manager or designee or other city employees. The city will notify complainants of the results of their complaint if the identity and contact information of the complainant are provided to the city.

(Ord. No. 2021-012, § 12, 12-21-21)

A. Violations of this chapter shall be subject to enforcement actions as provided in chapter 1.12 of this code.

B. The city may revoke any permit issued under this chapter upon a finding that the permit holder has violated the requirements of the permit as stated in this chapter. Prior to revoking the permit, the city shall give a written notice of violation to the permit holder, which shall include a statement that the permit holder may appeal the permit revocation to the city manager within ten days of the notice. A request for appeal shall include any evidence or documentation supporting the appeal, as well as an appeal fee in an amount set by the city council. If no appeal is requested, the revocation shall become final. If an appeal is requested, the city manager or a designated hearing officer shall set a hearing date to consider the revocation, which shall be no more than thirty (30) days after the hearing is requested. The permit holder may attend the hearing and present evidence in favor of the appeal. The city manager's or hearing officer's decision on the appeal shall be final. The permit shall be suspended during the ten-day notice period and, if an appeal is requested, until the final determination on the hearing is made.

(Ord. No. 2021-012, § 12, 12-21-21)

The purpose of this section is to promote the recycling of construction and demolition ("C&D") debris which is recyclable and reusable to protect the public health, safety and welfare and to meet the city's obligations under state law, including Public Resources Code Section 40000. Accordingly, this section establishes regulations to require applicants for "covered projects" to divert a minimum of fifty (50) percent of construction and demolition debris from landfills.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Unless otherwise determined to be exempt or unless a lower diversion rate is approved, projects meeting any of the following criteria shall be considered "covered projects" and shall submit a waste management plan (WMP) prior to beginning any construction and demolition activities and shall comply with all provisions of this section including, but not limited to, the fifty (50) percent diversion requirement for construction and demolition materials.

B. Projects subject to the requirements of this chapter shall include any construction or demolition work that consists of one or more of the following:

1. All new structures, additions, alterations, tenant improvements, accessory structures and demolition work one thousand (1,000) square feet or more.

2. Excavation or grading activities that result in the export of earth, soil, rocks, gravel, plant or other materials off the project site.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Projects meeting any of the following criteria shall be exempt from the requirements of this chapter, provided that the applicant has provided the city with satisfactory evidence supporting the claimed exemption, and provided that the city has issued a written determination of exemption, which may take the form of a stamp or other notation of exemption on the application for a building permit:

1. Projects not meeting any of the criteria described in Section 8.04.510;

2. Immediate or emergency construction, repair, or demolition work required to protect the public health or safety in an emergency, as defined in Public Resources Code Section 21060.3;

3. Work for which a building permit is not required by Title 15 of this code;

4. A roofing project which does not include removal and/or replacement of an existing roof;

5. Installation of new fencing which does not include the replacement of existing fencing;

6. Excavation and construction of residential swimming pools;

7. Work for which a building permit for only plumbing, electrical or mechanical is required;

8. Seismic tie-down projects;

9. Installation of alternative energy facilities on developed property;

10. A project contaminated by hazardous substances or waste as defined by state or federal law;

11. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet; or

12. Projects, as determined by the city manager or designee, not anticipated to generate construction or demolition debris.

B. While not required, it shall be encouraged that at least fifty (50) percent of all project-related construction and demolition waste from exempt projects be diverted.

(Ord. No. 2014-13, § 4, 5-20-14)

A. If an applicant for a covered project experiences unique circumstances that the applicant believes make it unfeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time the waste management plan (WMP) is submitted as required under Section 8.04.540. The applicant shall indicate on the WMP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.

B. The city shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant the city shall determine whether it is possible for the applicant to meet the diversion requirement.

C. If the city determines that it is unfeasible for the applicant to meet the diversion requirement due to unique circumstances, the city shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The city shall return a copy of the WMP to the applicant marked "approved for exemption."

D. If the city determines that it is possible for the applicant to meet the diversion requirement, the city shall so inform the applicant in writing. The applicant shall resubmit a WMP form in full compliance with Section 8.04.540. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.04.540, the city shall deny the WMP.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Every applicant shall submit a properly completed waste management plan (WMP) as provided by the city as a requirement of the building permit process. The WMP shall be submitted as part of the building permit application packet and shall be accompanied by an administrative fee, as established by resolution of the city council, sufficient to cover the city's costs associated with reviewing and processing the plan. The WMP shall indicate those materials to be recycled and/or disposed of and such other project information as required by the city, including at least all of the following:

1. The estimated volume or weight of the project construction and demolition (C&D) debris to be generated, listed by material type;

2. The maximum volume or weight of the C&D debris to be feasibly diverted by reuse or recycling listed by material type;

3. The estimated volume or weight of C&D debris that will be landfilled listed by material type;

4. The facilities or service providers to be used by the applicant for recycling material and their expected diversion rates by material type; or

5. The vendor applicant proposes to use to haul the materials.

B. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates established by the state for this purpose.

C. In preparing the WMP, applicants for building permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage rather than being disposed.

D. Applicants who use the franchisee's certified mixed waste processing facility for all C&D waste shall be granted full compliance or good faith effort upon city receipt of facility documentation and a completed WMP.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Notwithstanding any other provision of this code, no building permit shall be issued for any covered project unless and until the city has approved the waste management plan (WMP).

B. A WMP shall be approved or denied after a completed permit application is filed with the city. Any approval may include conditions reasonably necessary to meet the standards of this chapter. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the city.

C. The city shall only approve a WMP if it is determined that all the following conditions have been met:

1. WMP contains all of the information required by this chapter;

2. The WMP, if followed, represents a good faith effort by the applicant to divert at least fifty percent by weight of all construction and demolition debris generated by the project. Volume calculations converted to weight in a manner reasonably determined by the city may be utilized for this purpose as needed;

3. The applicant has submitted an appropriate security deposit for the project and paid all associated fees; and

4. If the city determines that all of the above conditions have been met, the city shall mark the WMP plan "approved," and return a copy of the approved plan to the applicant, and to the building official or the official's designee.

D. If the city determines that the WMP is incomplete, he or she shall return it to the applicant marked "denied, further explanation required." The applicant must then submit additional information before the WMP can be reviewed and the building permit issued.

(Ord. No. 2014-13, § 4, 5-20-14)

A security deposit as determined by the city shall be submitted prior to building permit issuance. This security deposit shall be fully reimbursable, without interest, in total or pro-rated, upon compliance with this chapter. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the security deposit shall be returned. The security deposit shall be forfeited entirely or to the pro-rated extent that there is a failure to comply with the requirements of this chapter. Refunding of security deposit shall not be authorized except upon written request filed by original applicant no later than one hundred eighty (180) days after the issuance of certificate of occupancy or applicable approval.

(Ord. No. 2014-13, § 4, 5-20-14)

Applicants shall maintain on-site proof of compliance with this chapter during construction and/or demolition to demonstrate compliance with the project's waste management plan (WMP). During demolition or construction, the city may inspect project sites to determine compliance with the WMP. The applicant, if requested, must supply written proof of compliance with its WMP within five business days. Failure to comply with the WMP during construction or demolition is a violation of this chapter, and, in addition to any other penalty and/or remedy, shall be grounds for issuance of a "'stop work" order and/or issuance of an administrative citation. Each day that the applicant fails to comply with the requirements of this chapter constitutes a separate offense.

(Ord. No. 2014-13, § 4, 5-20-14)

Within ten days following the completion of the demolition phase of a covered project, and again within thirty (30) days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to issuance of any certificate of occupancy (or applicable approval) and refund of security deposit, submit documentation to the city that proves compliance with the requirements of the waste management plan (WMP). Proof of compliance to be submitted at the completion of a project shall include:

A. Submittal of a completed, city-provided waste management report;

B. Original receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material (recyclables and solid waste). Each receipt must clearly state the project address and date. If the receipt provides information for multiple projects, the project addresses and the amounts of material for each project must be clearly identified;

C. Weight slips/count of material salvaged or reused in the project. Each receipt must clearly state the project address and date. If the receipt provides information for multiple projects, the project address and the amounts of material for each project must be clearly identified; and

D. Any additional information the city reasonably determines is needed to demonstrate compliance with the applicant's approved WMP.

Applicants shall make reasonable efforts to ensure that all construction and demolition (C&D) waste, diverted or disposed, is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D waste shall be weighed. Regarding C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(Ord. No. 2014-13, § 4, 5-20-14)

To determine compliance with this chapter and issuance of the certificate of occupancy or other applicable approval, the city shall review the information submitted under Section 8.04.580 of this section and determine whether the applicant has complied with the diversion requirement, as follows:

A. Full Compliance. If the city determines that the applicant has fully complied with the diversion requirement applicable to the project, the city official shall give authorization for the certificate of occupancy or other applicable approval, to be issued to the applicant;

B. Good Faith Effort to Comply. If the city determines that the diversion requirement has not been achieved, the city may determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the city shall consider the availability of markets for the construction and demolition (C&D) debris disposed, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the city determines that the applicant has made a good faith effort to comply with the diversion requirement, the official shall authorize release of the certificate of occupancy or other applicable approval, to the applicant;

C. Noncompliance. If the city determines that the applicant has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required within the required time period for construction as specified in the codes then the city shall notify the applicant. The security deposit shall be forfeited and placed into a specialized account set forth by the city to be used for the purposes of recycling education programs and activities. Once the security deposit has been forfeited, the city shall issue the certificate of occupancy or other applicable approval.

(Ord. No. 2014-13, § 4, 5-20-14)

All solid waste and recyclables shall be contained on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the site or to be carried away by wind or water.

(Ord. No. 2014-13, § 4, 5-20-14)

Containers used for storage of solid waste and recyclables until collection and/or transportation to an approved disposal or recycling facility shall be as follows:

A. A Bin Provided by the City Franchisee. Bins shall have lids, when available, which are kept in the closed position unless opened for placement or removal of materials. Bins shall be emptied when full and in no circumstances shall construction site waste be permitted to overfill the bin. Bins may be used for all occupancies with the following minimum sizes:

1. One and one-half cubic yards per dwelling unit;

2. Two cubic yards for each unit in a tract or for each three units in a multi-family complex;

3. Three cubic yards minimum for each non-residential building;

4. Sizes may be adjusted with approval of the building official.

B. A fenced or walled area of at least one hundred (100) cubic feet with side walls at least four feet in height and a wire lid. Material for side walls shall have no openings greater than four inches in either direction. The area shall be securely staked or braced in place and shall be emptied when full. Under no circumstances shall construction site trash, rubbish or debris be permitted to overfill the containment area. This method is approved for single-family residential developments on scattered lots only;

C. A bin for collection of recyclable materials for exempted materials as stated in Section 8.04.110 of this chapter;

D. Bins for source separation of all waste materials provided by the franchisee at discounted rates. The source separation option is available to reach a specific leadership in energy and environmental design (LEED) certification or higher voluntary Cal Green diversion requirements;

E. Other methods or devices showing adequate containment ability. This method may be used for any type project only when specifically approved by the building official.

(Ord. No. 2014-13, § 4, 5-20-14)

A. Bins shall be placed at the time construction or demolition site waste is first generated on the site, but no later than slab grade inspection.

B. Bins shall not be located in a manner or location that blocks or constricts passage of a right-of-way, easement, public thoroughfare or other area where right of access may be required for the public health, safety or welfare. Bins shall be located on the construction or demolition site for each development, project or structure; when multiple lots or structures are being developed, the container locations shall be as approved by the building official.

(Ord. No. 2014-13, § 4, 5-20-14)

All solid waste and recyclables shall be removed in a timely manner from the bins as needed to prevent overfill of the bins. Solid waste and recyclables shall be removed from the site and transported to an approved disposal or recycling facility. Bins and all solid waste and recyclables shall be removed from the site prior to final inspection. Bins that remain after completion of the building may be emptied and placed in their permanent locations.

(Ord. No. 2014-13, § 4, 5-20-14)

It shall be the responsibility of the contractor to provide for the construction site maintenance and the containment of all solid waste and recyclables during construction and for the proper removal thereof.

(Ord. No. 2014-13, § 4, 5-20-14)

The following provisions shall apply in addition to the provisions of Chapter 16.20. In the event of a conflict with the provisions of Chapter 16.20, the provisions of this section shall control:

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7., including sections related to use of compost and mulch as delineated in this section.

B. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A), above, shall:

1. Comply with Sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent (6%) organic matter in the top six inches of soil are exempt from adding compost and tilling.

b. For landscape installations, a minimum three- inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. If, after the adoption of this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 2021-012, § 13, 12-21-21)