Los Altos Hills Municipal Code Ch. 3 Solid Waste

Note: Prior ordinance history: Ords. 13, 335 and 336.

This chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the Town of Los Altos Hills.

(§ 1, Ord. 363, eff. June 18, 1993)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

Collection station

means the location at which containers of solid waste or recyclables are placed for collection by the authorized solid waste and recyclables collector.

Delinquent

means a failure of the recipient of solid waste and recyclables collection service, or the property owner, to pay when due all charges owed to the solid waste and recyclables collector for solid waste and recyclables collection service rendered or to be rendered.

Dwelling

means a residence or other facility used for housing one or more persons.

Hazardous wastes

means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Chapter 13 of Title 4 of the Municipal Code for which a hazardous materials storage permit is required.

Manager

means the City Manager and his or her duly authorized agents and representatives.

Multiple-unit dwelling

means any premises, excluding a hotel, motel or lodginghouse, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent.

Nonresidential premises

means all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation.

Occupancy or occupied.

Premises are "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes omeans all premises except residential premises, including but not restricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation.f determining whether a premises is occupied during periods when solid waste and recyclables collection service is made available to such premises, occupancy shall be presumed, unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods.

Owner

means the holder or holders of legal title to the real property constituting the premises to which solid waste and recyclables collection service is provided.

Person

means and includes any person, firm, association, organization, partnership, business trust, joint venture, corporations, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.

Premises

mean any land, building or structure, or portion thereof, within the Town where any solid waste and recyclables is produced, kept, deposited, placed or accumulated.

Recyclables

mean all materials or objects that are discarded that are produced, generated or accumulated by all inhabitants, premises and activities within the Town and that the City Council has designated as recyclable by resolution. The collection of recyclables is regulated through the franchise agreement existing between the Town and the authorized recyclables collector.

Residential premises

means any single-unit dwelling or multiple-unit dwelling.

Single-unit dwelling

means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a multiple-unit dwelling and each second unit located within a single family residential zoning district, shall constitute a separate single-unit dwelling to which solid waste and recyclables collection service is provided, unless the owner or occupants thereof arrange for solid waste and recyclables collection service to be provided to all dwelling units upon the premises at commercial rates.

Solid waste

means all materials, substances or objects that are discarded, including but not restricted to, materials, substances or objects commonly referred to as "trash," "garbage," "refuse" and "rubbish" that are produced, generated or accumulated by all residential, commercial, industrial, institutional, municipal, agricultural and other inhabitants, premises and activities within the Town, the collection of which is regulated through the franchise agreement existing between the Town and the authorized solid waste collector; provided, however, that "solid waste" does not include (1) hazardous waste, (2) biomedical waste, (3) ash, (4) sewage and other highly diluted water-carried materials or substances and those in gaseous form, and (5) recyclables.

Solid waste and recyclables collection service

means the collection, transportation and disposal of solid waste and recyclables by an authorized solid waste and recyclables collector.

Solid waste and recyclables collector

means any person or persons who is authorized by a franchise agreement existing between the franchisee and the Town, in accordance with Sections 6-3.13 and/or 6-3.14 of this chapter, to collect, receive, carry, transport, and dispose of any solid waste and recyclables produced, kept or accumulated within the Town.

Tenant

means any person or persons, other than the owner, occupying or in possession of a premises.

Town

means and include all the territory lying within the municipal boundaries of the Town of Los Altos Hills as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein.

Universal service (sometimes referred to as baseline service)

means all services provided to or offered to all premises within the Town by the solid waste and recyclables collector, except for solid waste service. The services included in the universal service shall be set out in the franchise agreement between the franchisee and the Town but shall include, without limitation, household recycling, yard waste services, cleanup days, and household hazardous waste drop off programs.

(§ 1, Ord. 363, eff. June 18, 1993; §§ 1, 2, Ord. 383, eff. June 5, 1996)

The owner of each occupied residential or nonresidential premises shall subscribe to and pay for at least the minimum universal service made available to that premises by the solid waste and recyclables collector(s), as specified in the franchise agreement(s) between the Town and the solid waste and recyclables collector(s) executed pursuant to Sections 6-3.13 and 6-3.14 of this chapter. The charges for the universal service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste and recyclables to be collected on any particular collection date during such occupancy and regardless of whether the owner or tenant makes use of the other services included in the baseline service. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste and recyclables collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for the universal service as provided herein.

(§ 1, Ord. 363, eff. June 18, 1993; § 3, Ord. 383, eff. June 5, 1996)

The owner or tenant shall commence at least the minimum universal service within 10 days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the solid waste and recyclables collector may give written notice to the owner or tenant that universal service is required. If service is not initiated by the owner or tenant within 10 days after the date of mailing the notice, the solid waste and recyclables collector may begin and continue providing the minimum universal service to such premises as set forth in the exclusive franchise with the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993; § 5, Ord. 383, eff. June 5, 1996; § 1, Ord. 586, eff. January 18, 2020)

The owner of each residential or nonresidential premises, whether occupied or not, upon which major construction is taking place, shall subscribe to and pay for at least one debris box from the solid waste collector during the entire period of construction. Nothing in this section is intended to prevent an arrangement, or the continuation of an arrangement, under which payment for debris boxes are made by any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for a debris box as provided herein. The determination of whether construction is "major" shall be made by the Town Planner.

(§ 1, Ord. 363, eff. June 18, 1993; § 4, Ord. 383, eff. June 5, 1996)

No more than one week's accumulation of solid waste shall be kept or permitted to remain upon any premises in the Town. At least once a week for solid waste and at least once every two weeks for recyclables, all solid waste and recyclables produced, kept, deposited, placed or accumulated on any premises in the Town shall be disposed of in accordance with the provisions of this chapter.

(§ 1, Ord. 363, eff. June 18, 1993)

All solid waste and recyclables shall be disposed of by delivery of each solid waste and recyclables container to an authorized collection station, located as to be readily accessible for the removal and emptying of its contents by the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993)

(a) All solid waste containers shall be kept in a sanitary condition continuously closed with a tight-fitting cover.

(b) Solid waste containers for residential premises and commercial premises shall be provided by or approved by the solid waste collector.

(c) All containers for recyclables shall be kept in a sanitary condition and shall be containers provided by or approved for recyclables by the recyclable collector.

(d) Solid waste containers and containers for recyclables shall be emptied by the solid waste and recyclables collector when the containers are placed at the collection stations authorized by the collector and approved by the Town pursuant to the franchise agreement.

(e) Solid waste and recyclables containers shall be placed at the authorized collection station not more than 24 hours preceding the scheduled collection time. Such containers shall be removed from the collection station within 24 hours after collection. Containers provided by the solid waste and recyclables collector shall not be removed from the property by any person other than the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18. 1993; § 1, Ord. 586, eff. January 18, 2020)

The use of solid waste and recyclables containers not provided by the solid waste and recyclables collector may be subject to appropriate additional charges to be paid the solid waste and recyclables collector for the collecting and transporting of the inappropriate containers or waste contained therein, as set forth in the exclusive franchise with the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993; § 1, Ord. 586, eff. January 18, 2020)

It is unlawful for any person to burn, or cause to be burned, or bury, or cause to be buried any solid waste or recyclables within the Town. Dry waste may be burned by owners or producers thereof on privately owned property only when the hours and conditions of such burning have been approved in advance by the Fire Marshal and the Bay Area Air Quality Management District.

Each day's violation of this section shall be a separate and distinct offense.

(§ 1, Ord. 363, eff. June 18, 1993)

No person shall deposit in any solid waste or recyclables container any explosive, highly inflammable or otherwise hazardous material or substance, without having first made special arrangements with the solid waste or recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993)

It is unlawful for any person in the Town to throw or deposit solid waste or recyclables or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place, or to throw or deposit the same in or upon any vacant lot, or back yard, or to store or keep the same otherwise than in containers as required by Section 6-3.08.

Each day's violation of this section shall be a separate and distinct offense.

(§ 1, Ord. 363, eff. June 18, 1993)

The City Council may award an exclusive franchise to any person the Council believes is qualified to perform solid waste collection service. Such franchise agreement shall require the solid waste collector to render service to all residential and commercial premises within the Town in accordance with the provisions of this chapter and in conformity with such regulations as may be adopted by the Manager with the approval ofthe City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this chapter.

(§ 1, Ord. 363, eff. June 18, 1993)

The City Council may award an exclusive franchise to any person the Council believes is qualified to perform the processing and transportation of recyclables, including but not limited to the same solid waste collector awarded the franchise for solid waste collection service. The City Council may, from time to time by resolution, designate what material shall be deemed recyclable and which may therefore be disposed of as recyclables. The Town may operate one or more centers for the collection of recyclables or may enter into a contract with a private party to operate such centers.

(§ 1, Ord. 363, eff. June 18, 1993)

Except as herein provided, nothing contained in this chapter shall be construed as negating any covenants, promises, undertakings and obligations made and assumed by the parties to the franchise agreement.

(§ 1, Ord. 363, eff. June 18, 1993)

The City Council shall establish a schedule of maximum rates and charges for all levels of solid waste and recyclables collection service to be rendered by the solid waste and recyclables collector. The schedule may be changed from time to time in the manner as prescribed by the franchise agreement between the Town and the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993; § 1, Ord. 586, eff. January 18, 2020)

The solid waste and recyclables collector shall be entitled to payment from either the owner or the recipient of solid waste and recyclables collection service for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in the exclusive franchise with the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993; § 1, Ord. 586, eff. January 18, 2020)

No person shall collect any solid waste and recyclables or transport any solid waste and recyclables upon any Town streets, if such solid waste and recyclables is produced, kept or accumulated within the Town, unless such person is an agent or employee of the Town acting within the course and scope of his or her employment, or has been awarded a franchise by the Town to act as solid waste and/or recyclables collector; provided that, anyone may donate or sell his or her recyclables as long as the recycler does not charge to take away the recyclables unless under contract with the Town.

(§ 1, Ord. 363, eff. June 18, 1993)

Any person owning, controlling or maintaining any premises within the Town which is required to have and maintain trash enclosures as a condition of development or use shall keep all solid waste and recyclables, refuse and waste containers within the confines of the trash enclosures at all times except when the containers are being emptied by the solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993)

No person shall, in any manner, interfere with the performance of solid waste and recyclables collection services being rendered by an agent or employee of the Town acting within the course and scope of his or her employment, or being rendered by the authorized solid waste and recyclables collector.

(§ 1, Ord. 363, eff. June 18, 1993)

No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the solid waste and recyclables collector, any solid waste and recyclables produced from another premises where such action results in the avoidance or reduction of any solid waste and recyclables collection service charges that would otherwise be payable for collection of such solid waste and recyclables from the premises at which it was produced.

(§ 1, Ord. 363, eff. June 18, 1993)

The Manager shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter, and any franchise, contract or license issued or executed thereunder, including regulations relating to the required frequency of collection from various types of places and premises, and the types of special containers required for certain classes of places and premises.

The Manager shall resolve all disputes concerning the administration or enforcement of this chapter and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the determination of the Manager may, within 10 days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons for such appeal. No violation of this chapter shall be permitted, or be continued, during the time any such appeal is pending.

(§ 1, Ord. 363, eff. June 18, 1993)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 2 of Title 1 of this code.

(§ 1, Ord. 363, eff. June 18, 1993)

When the context of this chapter requires, the neuter gender includes the masculine, the feminine, a partnership or corporation or joint venture, and the singular includes the plural and the plural includes the singular.

(§ 1, Ord. 363, eff. June 18, 1993)