Loomis Municipal Code Ch. 10.12 Waste Collection and Reduction

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

"Act"

means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), Public Resources Code Section 40000 and following as it may be amended, and as implemented by the regulations of CALRecycle.

"Authorized representative"

means an entity that the town contracts with or otherwise arranges to carry out any responsibilities of this chapter, as authorized by 14 CCR Section 18981.2. An authorized representative may be a government agency, a private entity, or a combination of those entities.

"California Code of Regulations or CCR"

means the State of California Code of Regulations.

"Collection"

means the operation of gathering together within the town and transporting to the point of disposal, or processing of any garbage, recyclables, and organic waste.

"Commercial business or commercial"

means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units shall not be considered a commercial business under this chapter.

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined in this section of this chapter.

"Container"

means any bin, box, or cart used for the purpose of holding garbage, recyclables or organic waste for collection.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Food recovery"

means actions to collect and distribute edible food that otherwise would be disposed.

"Food recovery organization"

means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Garbage"

means all putrescible and nonputrescible solid, semi-solid, and liquid wastes generated or accumulated through the normal activities of a premises. Garbage does not include recyclables or organic waste that is source separated and set out for the purposes of collection and recycling.

"Multifamily residential dwelling or multifamily"

means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Organic waste"

means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in the Act. Biosolids and digestate are as defined by the Act.

"Organic waste generator"

means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Person"

means any institution, public or private corporation, governmental unit or jurisdiction, individual, company, firm, association, partnership or other entity.

"Prohibited container contaminants"

means: (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the town's designated recyclables collection container; (2) discarded materials placed in the designated organic waste collection container that are not identified as acceptable source separated organic waste for the town's designated organic waste collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic waste to be placed in town's designated organic waste collection container and/or designated recyclables collection container; and (4) exempt waste placed in any container.

"Recyclables"

means those materials that are separated from solid waste prior to disposal to be recycled consistent with the requirements of the Act. The town may adopt a schedule of materials suitable for recycling, as determined by resolution of the town council, or as set forth in a collection agreement, which may be revised periodically.

"Residential householder"

means any person or persons holding or occupying a residential premises in the town, whether or not the owner of the residential premises.

"Residential owner"

means the owner of any residential premises within the town.

"Self-hauler"

means a person, who hauls solid waste, organic waste or recyclables he or she has generated pursuant to Section 10.12.030(E) of this chapter. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family"

means of, from, or pertaining to any residential premises with fewer than five units.

"Solid waste has the same"

meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include hazardous waste, as defined in the State Public Resources Code Section 40141, radioactive waste regulated pursuant to the State Radiation Control Law, or medical waste regulated pursuant to the State Medical Waste Management Act.

"Source separated"

means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from waste/mixed waste or other solid waste for the purposes of collection and processing.

"Tier one commercial edible food generator"

means a commercial edible food generator as defined by 14 CCR Section 18982(a)(73) as amended, and includes the following:

Supermarket.

Grocery store with a total facility size equal to or greater than ten thousand square feet.

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator"

means a commercial edible food generator as defined by 14 CCR Section 18982(a)(74) as amended and includes the following:

Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

Hotel with an on-site food facility and two hundred or more rooms.

Health facility with an on-site food facility and one hundred or more beds.

Large venue.

Large event.

A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

A local education agency facility with an on-site food facility.

"Town manager"

means the town manager of the town of Loomis or a designee appointed by the town manager.

(Ord. 289 § 3, 2022)

A. At such time as there is in force an exclusive franchise agreement entered into by the town with any person, firm or corporation for the collection and transport of municipal solid waste, recyclables and organic waste, it is unlawful for any person other than the persons in the employ of the town's hauler having entered into such contract to collect or transport any solid waste, recyclables and organic waste within the town.

B. As long as there is in force a contract between the town and any person or persons for the collection of solid waste, recyclables and organic waste, it is unlawful for any person other than such town's hauler(s) or those in the employ of such town's hauler(s), except as provided under the self-haul regulations provided herein, and Section 10.12.110, to collect any solid waste, organic waste, or recyclables or to interfere with the collection, removal, or disposal thereof by such town's hauler.

C. For the purposes of this chapter, the term "hauler" or the "town's hauler" shall be understood as that person(s), firm(s) or corporation(s) subject to the exclusive franchise agreement or a non-exclusive agreement authorized under this Section 10.12.020 except where stated otherwise.

(Ord. 289 § 3, 2022)

A. Single-family organic waste generators shall comply with the following requirements:

1. Subscribe to and maintain organic waste collection services for all organic waste. The town shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Single-family organic waste generators shall adjust service level for its collection services as requested by the town. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

2. Participate in the town's organic waste collection service(s) by correctly placing designated materials in the designated containers as described below.

a. Source separated recyclables shall only be placed in the container identified and designated for recyclables.

b. Source separated organic waste shall only be placed in the container identified and designated for organic waste.

c. Garbage shall only be placed in the container identified and designated for garbage.

d. Prohibited container contaminants shall not be placed in any container.

B. Generators that are commercial businesses, including multifamily residential dwellings shall comply with the following requirements:

1. Subscribe to and maintain organic waste collection services for all organic waste. The town shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Generators subject to these provisions shall adjust service level for its collection services as requested by the town. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

2. Participate in the town's organic waste collection service(s) by correctly placing designated materials in the designated containers as described below.

a. Source separated recyclables shall only be placed in the container identified and designated for recyclables.

b. Source separated organic waste shall only be placed in the container identified and designated for organic waste.

c. Garbage shall only be placed in the container identified and designated for garbage.

d. Prohibited container contaminants shall not be placed in any container.

3. Supply and allow access to adequate number, size and location of collection containers with labels or colors sufficient for employees, contractors, tenants, and customers to aid in compliance with the town's collection service requirements.

4. Excluding multifamily residential dwellings, commercial businesses shall provide containers for the collection of source separated organic waste and source separated recyclables in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business.

5. Excluding multifamily residential dwellings, containers provided by commercial businesses shall comply with 14 CCR Section 18984.9(b), as may be amended, and shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by the town, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

C. Generators that are commercial businesses, excluding multifamily residential dwellings shall:

1. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the town's collection service.

2. Periodically inspect all containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to the Act.

3. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclables.

4. Nothing in this section prohibits a generator subject to these provisions from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

5. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 10.12.060 of this chapter.

D. Waivers.

1. The town, in its sole discretion, may issue waivers to commercial generators or residential owners for physical space limitations, and/or de minimis volume waivers for commercial generators.

2. Commercial businesses or single-family generators requesting a physical space waiver shall:

a. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

b. Provide documentation that the premises lacks adequate space for the required containers including documentation from the contractor, licensed architect, or licensed engineer.

c. Provide written verification to the town that it is still eligible for physical space waiver every five years, if the town has approved application for a physical space waiver.

3. Commercial businesses requesting a de minimis volume waiver shall:

a. Submit an application specifying the collection services that they are requesting a waiver from.

b. Provide documentation that either:

i. The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the designated containers comprises less than twenty gallons per week per applicable container of the business's total waste; or

ii. The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in the designated containers comprises less than ten gallons per week per applicable container of the business's total waste.

iii. For the purposes of subparagraphs (1) and (2) above, total solid waste shall be the sum of the weekly garbage collection container volume, recyclables collection container volume and organic waste collection container volume, measured in cubic yards.

b . Notify the town if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.

c. Provide written verification of eligibility for de minimis waiver every five years, if the town has approved a de minimis waiver.

E. Self-Haul Regulations.

1. In addition to the regulations prescribed herein, self-haulers are required to adhere to all regulations in this chapter, including, but not limited to, the collection service subscription requirements in Section 10.12.030.

2. Self-haulers shall source separate all recyclables and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3, as may be amended.

3. Self-haulers shall haul their source separated recyclables to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

4. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall 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 town by request. The records shall include the following information:

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

b. The amount of material in cubic yards or tons transported by the generator 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 self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

5. Commercial self-haulers may be required to complete and retain on site a form certifying that all self-hauling operations and activities were completed in compliance with this section and all applicable laws and regulations. This form shall be subject to town inspection, or the inspection of the town manager's designee upon request.

6. Records required by this section shall be retained for a minimum of twenty-four months.

(Ord. 289 § 3, 2022)

A. Containers receiving solid waste, including garbage, organic waste, or recyclables shall not be stored on or in any street, alley, sidewalk, footpath, or any public place. It is unlawful to keep, place or deposit solid waste, including garbage, organic waste, or recyclables on any private grounds or premises except in the containers as designated herein. It is unlawful for any person to throw or deposit any solid waste, including garbage, organic waste, or recyclables or cause the same to be thrown or deposited upon any street, alley, gutter, park or other public place within the town, or to throw or deposit the same upon any vacant lot, backyard, or to store or keep the same otherwise than in the designated containers as required. It is unlawful to have, store, deposit or accumulate solid waste, including garbage, organic waste, or recyclables where rats or other vermin can have access thereto or feed thereon. Each day's violation of this section shall be treated and considered and the same shall be a separate and distinct offense.

B. All containers shall be covered, and it shall be the responsibility of the town's hauler to place the cover or covers back on the container after emptying the same.

C. No person shall dump, deposit or dispose of or cause or permit to dump, deposit or dispose of solid waste, including garbage, organic waste, or recyclables on a premises in the town, other than where produced, except upon the town's designated disposal area.

(Ord. 289 § 3, 2022)

It is unlawful for the owner, tenant, lessee or occupant of any property within the town to maintain thereon, any deposit, collection or accumulation of any solid waste, including garbage, organic waste, and recyclables offensive, injurious or dangerous to health.

(Ord. 289 § 3, 2022)

A. Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but allowing 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 chapter, 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: (a) the collection of edible food for food recovery; or (b) 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 the authorized representative, or town manager to access the premises and review records to ensure compliance with this section as permitted by 14 CCR Section 18991.4.

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

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 the food recovery service or food recovery organization.

iii. The established frequency that food will be collected.

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

D. Within sixty days of the town manager or the authorized representative making a request, commercial edible food generators shall submit an annual report that includes the information required by subsection (C) above to the requesting entity. The town manager or the authorized representative is authorized to increase the reporting frequency to require semi-annual or quarterly reporting for some or all of the information listed above.

E. 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.

F. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

G. Nothing in this chapter 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.

(Ord. 289 § 3, 2022)

A. Pursuant to the terms of this section, the town may provide or arrange to be provided residential and commercial organic waste and recyclables collection services to generators within the town's boundaries through the use of exclusive haulers, subject to the terms of Section 10.12.020 of this chapter, or through the use of non-exclusive haulers.

B. Haulers shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the town to collect organic waste:

1. Through written notice to the town at a time of the town's choosing, identify the facilities to which they will transport organic waste and recyclables including facilities for source separated organic waste and source separated recyclables. Facilities shall comply with the requirements of the Act and all other applicable laws and regulations. Haulers shall not transport organic waste or recyclables to a landfill without written approval by the director of public works.

2. Transport source separated recyclable and organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the town to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting it in a manner that complies with 14 CCR Section 18989.1, this chapter, or requirements of a franchise agreement, other agreement, or town authorization.

4. Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within the franchise agreement or other agreement with the town.

C. Within sixty days of the town's written request, owners of facilities, operations, and activities that recover organic waste shall provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about capacity necessary for planning purposes.

(Ord. 289 § 3, 2022)

A. The town adopts by reference the California State Model Water Efficient Landscaping Ordinance, as contained in the California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, and any amendments thereto, as the law of the town. One copy of the California State Model Water Efficient Landscaping Ordinance has been, and is now, filed in the office of the planning director, and the ordinance is adopted by reference as if incorporated and set out in full in this chapter.

B. Applications required to be submitted to the town pursuant to the California State Model Water Efficiency Landscaping Ordinance shall be submitted to and reviewed by the planning director or designee.

C. Any person or entity that is in violation of this section and/or the California State Model Water Efficient Landscaping Ordinance shall be given a written notification of their noncompliance. If the violation is not satisfactorily resolved following the issuance of the notice, such violation shall become an infraction punishable pursuant to Section 1.16.010 of this code.

D. The town may impose fees to offset its costs in processing applications submitted pursuant to the California State Model Water Efficient Landscaping Ordinance. Such fees shall be nonrefundable and paid by the applicant at the time the application is submitted.

E. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the town, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.

F. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this section.

G. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection E 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 one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent 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. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection E above shall consult the full MWELO for all requirements.

H. 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 MWWELO September 15, 2015 requirements in a manner that requires the town 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.

A. The maximum allowable fees for garbage, organic waste and recyclables collection services shall be established by resolution of the town council, and may be amended from time to time, as deemed appropriate by the town council. The town's hauler subject to this chapter may charge fees up to the maximum allowed by the town council.

B. The authorized representative and hauler, subject to this chapter, shall be responsible for collection of these respective fees.

(Ord. 289 § 3, 2022)

The fees and charges specified in this chapter shall, in all cases, be payable and due on either the date prescribed by resolution of the town council, or the date prescribed by the town's hauler subject to this chapter and approved by the town.

(Ord. 289 § 3, 2022)

Failure or refusal to pay fees assessed pursuant to this chapter may result in the non-collection of solid waste, including garbage, organic waste, and recyclables, creating a condition which the town may declare to be a public nuisance if permitted to exist. In the event that there is nonpayment, the town manager may direct the town's hauler to make collection, and the expenses and charges of such collection may be assessed against the property as provided herein.

(Ord. 289 § 3, 2022)

A. Service charges imposed pursuant to these regulations shall constitute a lien upon the parcel of real property to which such service was rendered.

B. Lien Recorded—Procedure.

1. The town manager shall transmit to town council, a report of delinquent charges.

2. Notwithstanding any provision in this code to the contrary, any solid waste, organic waste, or recyclables collection service charges which have become delinquent, shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

3. Prior to the recordation of a lien for delinquent charges, the town manager shall cause the notice of a hearing on the delinquent charges to be mailed to the owner. The notice shall contain the date, time and location of the hearing and shall be mailed at least ten calendar days before the date of the hearing. The hearing shall be held before the town council. The decision of the town council shall be final and conclusive.

4. Upon a decision adverse to the owner after hearing, the town council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the town manager unless and until it is fully and completely paid or an acceptable arrangement with the town has been agreed to by the town.

5. The town manager is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. The town manager may, as needed, initiate proceedings to make delinquent garbage, solid waste, organic waste, and recyclables collection service charges a special assessment against the parcels of property to which such service was rendered.

6. Hearing.

a. At the time fixed for consideration of the report, the town council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The town council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the town council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution.

b. The decision of the town council on the report, and on all protests or objections thereto, shall be final and conclusive.

7. Method of Collection—Applicability of Other Liens, Laws, Etc.

a. Upon confirmation of the report by the town council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

b. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

c. Report Transmitted to Auditor. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 1st. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year.

C. The town's hauler shall give written notice to the town of the name and address of any person or owner he or she discovers who fails to subscribe for such collection disposal service and the address of the premises for which such solid waste, organic waste, and recyclables collection and disposal service has not been subscribed, unless he or she has been notified by the owner or other person in lawful possession that the property is vacant, or temporarily not occupied, and when he or she has determined that such condition actually exists on the premises.

(Ord. 289 § 3, 2022)

A. The town manager or authorized representative is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, self-haulers, hauler, and food recovery organizations, subject to applicable laws.

1. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (a) access to the premises; (b) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (c) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

2. Any records obtained by the town manager during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.

B. The town manager shall enforce the provisions of this chapter relating to the performance of the town's hauler obligations under the franchise agreement.

C. The town manager shall enforce the provisions of this chapter relating to the collection and processing or disposal as it related to public health, safety, and welfare.

(Ord. 289 § 3, 2022)

A. In addition to those penalties and procedures provided for in this chapter, violations of any provision of this chapter shall be subject to the penalties set forth in Section 1.16.010 of this code.

B. In addition to those penalties and procedures provided for in this chapter, a violation of any provision of this chapter may be enforced by the issuance of an administrative citation as set forth in Chapter 1.20 of this code, and persons receiving an administrative citation shall be afforded the same due process prescribed by Chapter 1.20.

C. Penalties imposed for violations shall not be less than the minimum penalty amounts prescribed under 14 CCR Section 18997.2.

(Ord. 289 § 3, 2022)