La Mirada Municipal Code Art. VI General Requirements

(a) All solid waste and recyclables collected from residential or commercial/industrial premises for a fee, service charge or other consideration, shall be collected by an authorized collector, subject to the exclusions set forth in Article V of this chapter.

(b) No person, firm, corporation or solid waste enterprise, other than an authorized collector, 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 therefor, except as specifically provided herein.

(c) Except as otherwise provided in this chapter, each residential householder and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste and recyclables from the residential or commercial/industrial premises held or occupied by such householder or owner and shall pay for such services the fees set by the collector and authorized by the city council. No residential householder or commercial/industrial business owner shall enter into an agreement for solid waste and recyclables collection services with any person, firm or corporation other than the authorized collector, except as otherwise provided in this chapter.

(Ord. 531 § 3 (part), 1999).

Any person who deposits or causes to be deposited any solid waste or recyclables on any public property, including 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. 531 § 3 (part), 1999).

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. 531 § 3 (part), 1999).

No person other than the authorized collector shall remove or tamper with, or remove any solid waste or recyclables from a container, other than the owner or occupant of the property served by such container, or an authorized employee of the city.

(Ord. 531 § 3 (part), 1999).

In residential areas and commercial/industrial areas that are contiguous to residential premises, no collection or delivery/removal of containers shall be made between the hours of seven p.m. and six a.m. Monday through Saturday or at any time on Sunday.

In commercial/industrial areas that are not contiguous to residential premises, no collection or delivery/removal of containers shall be made between the hours of six p.m. and five a.m. Monday through Saturday or at any time on Sunday.

The city manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector. The city manager may require a collector to change hours of operation in residential or commercial/industrial areas if disruption occurs.

(Ord. 531 § 3 (part), 1999).

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste, and recycling.

(Ord. 531 § 3 (part), 1999).

At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste and recyclables become the property of the city's authorized collector.

(Ord. 531 § 3 (part), 1999).

It shall be unlawful at any time for any person, including collectors, to burn any solid waste or recyclables within the city.

It shall be unlawful at any time for any person, including collectors, to bury or dump any solid waste or recyclables within the city.

(Ord. 531 § 3 (part), 1999).

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, or beyond the extent necessary to provide any agreed upon special collection service.

(Ord. 531 § 3 (part), 1999).

Each collector shall provide the city with monthly tonnage reports which include the following:

(a) Total amount of solid waste, recyclables, and green waste removed from the city for the respective reporting month.

(b) The name, address and telephone number of each solid waste disposal and/or recycling facility used by the collector during the reporting month.

(c) The complaint log described in Section 6.08.430.

(d) Each report shall be signed by an officer of the collector. If the collector has more than one collection route, it shall submit a separate report for each collection route. Each report shall be received by the city by five p.m. on the 20th day of each month following each reporting month.

(e) Each collector shall maintain, but is not required to submit monthly: copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month that collection services are provided; an updated revised collection service identification list; report for the reporting month.

(Ord. 531 § 3 (part), 1999).

Every collector shall furnish an annual report to the city detailing the quantity and nature of all solid waste or recyclables removed from the city. Reports shall be delivered to the city on or before January 31st of each year, for the immediately preceding calendar year. This report shall also include permitted waste disposal facilities where the collector has disposed and/or transferred all solid waste removed from the city. This report is to also include a compilation of monthly tonnage reports and/or copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from the collector. The timely filing of a complete annual report is a condition of any permit or collection agreement awarded by the city.

(Ord. 531 § 3 (part), 1999).

Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the manager showing the insurance to be in full force and effect at all times the collector shall have a permit issued by the city.

(Ord. 531 § 3 (part), 1999).

Each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in amounts approved by the city council. The insurance shall provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, shall be procured from an insurer authorized to do business in the state of California, shall name the city of La Mirada and its officers, employees and agents as additional insured and shall not be canceled or modified without first giving to city thirty days' prior written notice.

(Ord. 531 § 3 (part), 1999).

Any collector or person who collects, transports, or disposes of solid waste, recyclables, or green waste 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, recyclables or green waste by that person.

(Ord. 531 § 3 (part), 1999).

Any collector with a collection agreement shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the city, and shall at all times during the hours between eight a.m. and five p.m. of each weekday and between eight a.m. and twelve noon on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the city.

The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the city. Such log of complaints and other records pertaining to solid waste and recyclables collection and disposal shall be open to the inspection of the city at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this section are conditions to any permit or collection agreement which is awarded by the city.

(Ord. 531 § 3 (part), 1999).

All owners, contractors and builders of structures shall, upon the completion of any such structure, gather up and haul away, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the building of such structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition, and it shall be unlawful not to do so.

(Ord. 531 § 3 (part), 1999).

The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this chapter is hereby declared to be a nuisance pursuant to Section 38771 of the California Government Code. The city council, pursuant to Section 38773 of the Government Code, shall by separate ordinance provide for the summary abatement of such nuisances.

(Ord. 531 § 3 (part), 1999).

No cardboard box or paper bag may be used as a container for solid waste (including green waste), or recyclables. Except as expressly authorized by this Chapter 6.08 of the Municipal Code, no person other than an authorized collector may place a container for the collection of solid waste (including green waste) or recyclables within the city. Any container placed in violation of this Section 6.08.460 is hereby declared to be a nuisance, and is subject to abatement pursuant to other provisions of the city code.

(Ord. 531 § 3 (part), 1999).