Irvine Municipal Code Ch. 6 Unlawful and Prohibited Acts; Public Nuisance

In addition to any penalties set forth in this division or available at law, any violation of the provisions of this division is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. Each of the following is specifically deemed to be a violation of this division and a public nuisance:

A. It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.

B. The keeping of solid waste in containers other than those prescribed by this division, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.

C. It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a contractor to fail to participate in the recycling and organic waste programs offered to him, her or it by the contractor.

D. It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a contractor to fail to comply with the terms of any recycling and organic waste programs offered to him, her or it by the contractor, including by placing solid waste in containers of a type or nature not designed for the type of waste in question.

E. It is unlawful, and a public nuisance, for any person who is registered as a self-hauler with City to fail to comply with all requirements of such registration, including those related to the handling of organic waste.

F. It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, the City Manager or his designee is authorized to provide waivers to the requirement to participate in some or all of such obligations where appropriate, as may be authorized by law, including pursuant to 14 CCR, Div. 7, Ch. 12, Section 18984.11.

G. It is unlawful and a public nuisance for any person to fail to comply with laws and regulations adopted by any State or Federal Agency applicable to solid waste, including without limitation laws and regulations applicable to construction requirements, building permits, planning and zoning requirements, and record keeping and reporting requirements.

H. It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.

I. It is unlawful, and a public nuisance, for any person other than a contractor (or its agents and employees) to collect any discarded solid waste including recyclable material, or otherwise provide solid waste handling services within the City. This prohibition shall not, however, apply to:

1. Registered self-haulers as defined in this division;

2. The owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste handling services with a contractor, when such owner, tenant or occupant is hauling materials generated at his or her own premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a contractor, to haul solid waste from one's own premises;

3. The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City and all State laws and regulations relating to the collection and handling of such materials;

4. The collection, transportation and disposal of yard waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City and all State laws and regulations relating to the collection and handling of such materials

5. Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

6. City employees who, while in the course and scope of their employment with the City, engage in the collection of any solid waste, including recyclable material.

J. It is unlawful, and a public nuisance, for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a contractor), to remove any bin, cart, or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.

K. It is unlawful, and a public nuisance, for any person to place solid waste adjacent to a street or public right-of-way for collection by a contractor without having first subscribed for solid waste handling services with such contractor.

L. It is unlawful, and a public nuisance, for any person, other than a contractor, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a contractor, regardless of whether the solid waste is placed in a bin, cart, or other container.

M. It is unlawful, and a public nuisance, for any person or entity authorized to engage in the collection of solid waste pursuant to this division, to fail to have a valid business license, issued by City, at all times when engaged in the collection of solid waste.

(Ord. No. 21-19, § 3(Exh. A), 12-14-21)