Lakewood Municipal Code Part 3 Regulations Governing Refuse Accumulation and Collection

No person shall deposit or bury any refuse in the City unless it is leveled and covered, and written permission to do so has first been obtained from the Director.

No person shall dump, unload or otherwise dispose of any refuse on another person's property without the consent of the owner thereof, or on public property other than in dumps designated for such purposes by the owner thereof.

[Added by Ord. 2009-8]

Every occupant of a single family residence or a multiple family residence, shall place, keep, maintain and store refuse as follows:

A. All municipal solid waste shall be stored and maintained in approved refuse carts and containers or as follows:

1. General Refuse Collection.

a. All residential refuse must be placed in the wheeled cart provided by the City or the City's contractor for collection of household refuse. The cart is a commercially-manufactured refuse container made of recycled content materials and equipped with a hinged, insect-proof, tight-fitting lid or cover.

b. No other container may be used as a container for solid waste. Except as expressly provided otherwise herein, upon the commencement of automated collection in the City only containers provided by the contractor may be used for residential solid waste. Placing refuse in other containers and placing them next to a cart is prohibited.

c. It shall be the duty of every occupant of any single family residence or a multiple family residence to keep the exterior of such carts, including covers, clean from accumulated grease or decomposing materials.

d. Refuse which accumulates between collections in excess of the amount which can be contained in the provided wheeled cart shall be retained until the next collection date. Occupants who, on more than an occasional basis, accumulate more refuse in one week than can be contained in the provided wheeled cart shall obtain additional standard wheeled carts from the refuse hauler at the approved rate.

2. Recycling Collection.

a. All recyclable materials must be placed in the wheeled cart provided by the City or the City's contractor for collection of household recyclable materials. Recyclable materials are those listed on the recycling cart provided by the City's refuse contractor, and other materials as may be designated as such by the Director of Public Works.

b. No other container may be used as a container for recyclables. Except as expressly provided otherwise herein, upon the commencement of automated collection in the City only carts provided by the contractor may be used for residential recyclables. Placing recyclables in other containers and placing them next to a cart in prohibited.

c. It shall be the duty of every occupant of any single family residence or a multiple family residence to keep the exterior of such carts, including covers, clean from accumulated grease or decomposing materials.

d. Recyclables which accumulate between collections in excess of the amount which can be contained in the provided wheeled cart shall be retained until the next collection date. Occupants who, on more than an occasional basis, accumulate more recyclables in one week than can be contained in the provided wheeled cart shall obtain additional standard wheeled carts from the refuse hauler at the approved rate.

3. Greenwaste Collection.

a. Residential greenwaste is to be placed in commercially-manufactured refuse containers made of galvanized metal, heavy-duty plastic, or pressed fiberboard, of at least 20 gallon capacity, but not to exceed 40 gallon capacity, not exceeding 50 lbs. in weight, to be provided by the resident.

b. No cardboard box, paper or plastic bag, or other similarly fragile container, may be used as a container for greenwaste. Placing greenwaste in plastic bags or cardboard containers and placing them next to a cart is prohibited.

c. Tree, bush, brush and plant trimmings, including branches and limbs, shall be cut and tied in neat, compact bundles, not to exceed 4 feet in length, 1½ feet in diameter and 50 pounds in gross weight.

[Amended by Ord. 96-3]

Violation of the following is hereby declared unlawful and a public nuisance.

A. No person shall cause or permit refuse to accumulate at any place or premises for a period in excess of 7 days. Every person having charge or control of any such place or premises shall cause such refuse to be placed for collection by the City in accordance with the terms and provisions of this chapter. The City shall provide for the collection and removal of such refuse from such places or premises at least once each calendar week.

B. No person shall cause or permit refuse to accumulate at any place or premises under his charge or control in excess of 7 days, except noncombustible refuse may accumulate thereat for a period not in excess of 30 days. Noncombustible refuse as used herein shall include ashes, broken glass and crockery bottles, tin cans and containers, metals, and all other similar articles or materials which are rejected by the owner or producer thereof as worthless or useless.

Every occupant of a place or premise, or person having charge or control of a place or premise where there is any accumulation of garbage, shall cause each garbage receptacle after each emptying to be thoroughly cleaned and all grease and adherent materials removed before said receptacle is again used.

[Amended by Ord. 96-3]

The City shall provide for the collection and removal of refuse from all places or premises within the City. Every person occupying or having charge or control of any such place or premises where there is an accumulation of refuse shall cause the same to be placed for collection by the City at least once each calendar week in accordance with the terms and provisions of this Chapter.

[Amended by Ord. 79-5; Ord. 83-9; Ord. 96-3]

The Contractor of the City shall provide for the collection and removal of refuse from all places or premises within the City except as provided in Section 5335.2 and 5338. Every person having charge or control of any such place or premise where there is any accumulation of refuse shall cause the same to be removed therefrom, or disposed of within the time and manner specified in this Chapter.

[Amended by Ord. 79-5; Ord. 96-3]

The City shall provide, and the contractor shall provide to all places or premises within the City, the following additional disposal service during any "Clean-Up" program designated by the City Council, or the Director. Such disposal service may, in addition to the terms of refuse set forth in §5332, consist of discarded household furniture, furnishings, appliances, plumbing and heating fixtures, and other items of similar nature as authorized by the Director, provided the weight and length restrictions as set forth in §5332 shall be otherwise complied with wherever possible.

[Amended by Ord. 96-3]

Refuse collection shall be under the supervision of the Director. All refuse collection by the City or by the City through a contractual agent shall be the property of the City unless the City shall by contract provide otherwise.

[Added by Ord. 2009-8]

A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the County health officer, and such refuse shall neither be placed in carts or containers nor left for regular collection and disposal.

B. Highly flammable or explosive or radioactive refuse shall not be placed in carts or containers for regular collection and disposal, but shall be removed under the supervision of the City at the expense of the owner or possessor of the material.

C. Refuse or other solid waste containing water or other liquids shall be drained before being placed in a refuse or recycling cart or container. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a cart or container.

D. No battery acid, poisonous, caustic or toxic material, or any other substance capable of damaging clothing or causing injury to the person shall be placed in any refuse or recycling cart or container. Such items shall be removed at the occupant's expense only after arrangements have been made with the City for such removal.

E. No household or car batteries, fluorescent light bulbs, used sharps, lancets or hypodermic needles, household electronic waste such as: computer monitors, televisions, computer CPUs, keyboards, printers, cellular phones, PDAs, etc. shall be placed in any refuse or recycling cart or container.

[Added by Ord. 2009-8]

It shall be the duty of every person having charge and control of any single family residence or multi-family residence to set out or place the contractor and/or City provided wheeled refuse and recycling carts and greenwaste containers for the collection of refuse, recycling and greenwaste as follows:

A. All wheeled carts for the purpose of reception and removal of refuse and recycling shall be placed in the street in such a manner that the wheels of the cart are positioned in front of the curb in front of the dwelling, or the alley in the rear of each dwelling.

B. The greenwaste containers shall be placed in the street, adjacent to the wheeled carts. Branches, tree limbs or other similar debris that are too large or heavy to fit into the greenwaste containers shall be tied with sturdy twine in bundles and shall be placed next to greenwaste container.

C. Where alleys having access to streets at each end exist in the rear of commercial premises, the standard wheeled carts and green waste containers shall be placed in such alleys. The refuse hauler and/or City may designate some other location for the placement of carts and containers when such placement will expedite collection, and is approved by the Director.

D. Such carts and containers shall be placed no earlier than 4 p.m. on the day immediately prior to the collection day and shall be removed to a storage location which is not visible from any public right-of-way, excluding alleys, no later than 12 hours after it has been emptied.

Each person occupying a place or premise consisting of a family residence not served by refuse storage bins shall place said receptacles for collection as specified in the previous section on the route designated by the Director. If the route should be a street, the receptacle shall be placed on the residence side of the curb and as near to the curb as possible. If the route should be an alley, the receptacle shall be placed on an alley, the receptacle shall be placed on the residence side of the alley, and as near to the alley right-of-way as possible. Where it is impossible to place such receptacle other than within the right-of-way, the same shall be placed as near the edge of the right-of-way as possible so as to provide minimum interference with the public use of right-of-way.

The Director shall provide for and supervise the collection and removal of refuse and shall establish routes, days and hours of collection of refuse and may change the same from time to time when, in his opinion, it becomes necessary or proper. When such routes, days and hours are established or changed, the Director shall give notice thereof to the public where the service performed is a governmental function as herein specified, and the contractor shall give notice to the public in all other cases.

The Director shall make such rules not inconsistent with the provisions of this Chapter as may be necessary and proper to affect the collection and removal of refuse. The Director shall cause to be collected and removed, and the contractor shall only be responsible for collecting and removing that refuse which has been placed for collection and contained within receptacles or otherwise prepared for disposal as specified in this Chapter. In any case where in the opinion of the Director practical difficulty exists in complying with the requirements of this Chapter as to the placement of refuse for collection, the Director shall designate where the same shall be placed or kept for collection and the conditions under which it shall be collected. The Director, however, may refuse to have collected any materials or quantity which in his opinion are too large for collection.

[Amended by Ord. 83-9; Ord. 96-3; Ord. 98-8]

No person shall gather, collect or remove any refuse from any place or premises in the City except:

A. The City, its agents, servants and employees while acting as such.

B. A contract agent of the City and its agents, servants or employees acting pursuant to the terms and conditions of a contract with the City.

C. Persons exempted under the terms and provisions of this Chapter.

D. Persons licensed under Section 6527.2.G.18 of Article VI of the Lakewood Municipal Code.

E. Any person using its own roll-off bins to dispose of refuse as a result of any building construction or demolition or improvement contract or project within the City. Any such person providing roll-off bins for the removal of said materials shall not place said roll-off bin in the public right of way without an encroachment permit. Such persons may maintain roll-off bins on the construction or demolition site provided the same is not in the pubic right of way.

[Amended by Ord. 96-3; Ord. 2002-4]

No person shall gather, collect or remove any recyclables from any place or premises in the City when placed at the curb or in a roll off bin except:

A. The City, its agents, servants and employees while acting as such.

B. A contract agent of the City and its agents, servants and employees acting pursuant to the terms and conditions of a contract with the City.

C. Persons exempted under the terms and provisions of this Chapter.

D. Any person permitted under the provision of Section 5338.E.

Nothing herein contained however shall prevent the owner or occupier of any place or premise from selling recyclable materials as defined in the California Integrated Waste Management Act of 1989 as amended from time to time to anyone for a valuable consideration, or from depositing their own recyclables at materials recycling centers as defined by convenience zone recycling under State statute, or under Article VI of the Lakewood Municipal Code.

The Health Officer shall be in charge of and responsible for the enforcement of all health provisions of this Code pertaining to the collection and disposal of refuse.

[Amended by Ord. 2002-4]

Pursuant to the provisions of Section 38771 of the Government Code of the State of California, the City Council does hereby find and declare that the depositing of, or the accumulation of, or the maintenance of refuse on any place or premises within the City of Lakewood by any person in a manner other than authorized by this Chapter, is a nuisance and shall be abated as hereinafter provided. Every owner, tenant, occupant or person having the care of any place or premises shall keep his premises in a clean and sanitary condition and no person shall permit any sewage effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animals, rubbish, cans, used paper, filth of any kind or any other substance that may become offensive, or any refuse, to be deposited on or remain in or upon any premises owned or occupied by him, except in accordance with the terms and provisions of this Chapter, and maintenance of any of the foregoing in violation of the terms and provisions of this Chapter is hereby declared a public nuisance.

The Director, in writing, shall notify any person committing one or more of the foregoing nuisances and require such person within five days to abate or cause said nuisance to be abated in the manner provided by law. If said person should fail to abate said nuisance within said five day period, the Director is authorized and directed to cause said nuisance to be abated through City employees or the contract agent and said employees or agents shall have the authority to enter the premises of any such person for the purpose of removing and abating said nuisance.

The Director shall keep an itemized account of the expenses or cost of abatement and upon completion of said abatement shall prepare a written report of the cost thereof for confirmation by the City Council. Upon the filing of such a report, the City Clerk shall cause said report with a copy of notice of hearing before the City Council for approval and confirmation to be served in the manner required by law for the service of Summons in a civil action or to be mailed by first class mail, postage prepaid, not less than 10 days prior to the hearing, to every person whose address can be ascertained and who is:

A. Shown by the public records to be an owner of said premises upon which said nuisance was abated.

B. Shown by the public records to be the holder of any mortgage, trust deed or other lien or encumbrance thereon.

C. The occupier of said place or premises.

At the time fixed for hearing the report of expense of abatement, the City Council shall consider said report, together with any objections or protests which may be raised by any of the persons liable to be assessed for doing the work or any other interested person and thereupon the City Council may make such revision, correction or modification of the statement as it may deem just after which it may be motion or resolution confirm said report as submitted, or as corrected or modified.

The cost of said work and the expense of abatement of said nuisance, as well as the incidental and administrative cost contained in the report of the Director in connection with the abatement of said nuisance, plus the cost of any title report necessary to ascertain the persons having an interest in the property on which or against which it was abated, and a personal obligation against the property owner pursuant to Section 38773 of the Government Code of the State of California. In the event such cost is not paid within five days after the decision of the City Council confirming the report, such shall constitute a lien upon the real property upon which the nuisance was abated or against which the same was levied and shall continue until the amount thereof with interest at the rate of 6% per annum computed from the date of confirmation of the report has been paid, or until it is discharged of record. In the event of non-payment, the Director shall at any time within sixty days after the confirmation of the report cause to be filed in the office of the County Recorder of Los Angeles County, a certificate substantially in the following form, to wit:

NOTICE OF LIEN Pursuant to the authority vested in the undersigned by Section 5339 et seq., of the Lakewood Municipal Code and Section 38771 , 38773 and 38773.5 of the Government Code of the State of California, the Undersigned did on the ________ day of _____________, 2 cause a nuisance to be abated on the real property hereinafter described and the City Council of the City of Lakewood did on the ________ day of _____, 2 by action duly recorded in its official minutes as of said date, assess the cost of said abatement upon the real property for the cost of said abatement lien on said real property for the cost of said abatement in the sum of $, and the same shall be a lien upon said real property until the same, with interest at the rate of 6% per annum from the said ________ day of _____________, 2 (insert date of confirmation of report), has been paid in full and discharged of record, as well as a personal obligation against (insert name of property owner). The real property hereinafter mentioned upon which a lien is claimed, is that certain parcel or piece of land located in the City of Lakewood, County of Los Angeles, State of California, and more particularly described as follows: Dated this ________ day of _____________, 2.

The cost of said abatement shall also constitute a Special Assessment against said parcel which may be collected at the same time and in the same manner as ordinary municipal taxes are collected in accordance with, and subject to the terms and provisions of Section 38773.5 of the Government Code of the State of California. Confirmation of the report of the Director shall be confirmation of the assessment and shall be a lien on the property or parcel where said abatement was performed. Failure to record a notice of lien under the aforementioned section shall not bar collection hereunder or otherwise.

After confirmation of said report, the Director in lieu of recording said notice of lien, may deliver a certified copy of said notice or lien or report, or both, to the County Auditor, on or before August 10. The description of the parcel or parcels reported shall be those used on the parcels on the County Assessor's Map Book for the current fiscal year. The amount of the assessment shall thereafter be collected in accordance with and subject to the terms and provisions of Section 38773.5 of the Government Code of the State of California.

The City Treasurer may receive the amount due on the abatement cost and issue receipts at any time after confirmation of the statement and prior to delivery of a certified copy of the report or notice of lien to the County Auditor. The City Council may order refund of all or part of a tax paid pursuant to the provisions of this section if it finds that all or part of the taxes have been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the City Council on or before March 1, after taxes become due and payable. The claim shall be verified by the persons who pays the tax or his guardian, executor or administrator.