Maywood Municipal Code Art. 2 Accumulations

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as set forth in Section 6-2.101 of Article 1 of this chapter.

(§ 1, Ord. 446, and § 1, Ord. 520)

It shall be unlawful for any person to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled, or occupied by him in the City any garbage unless the same shall be enclosed in a garbage container as provided for in Article 1 of this chapter or to keep any garbage on or about such premises for a period of more than one week.

(§ 2, Ord. 520)

It shall be unlawful for any person to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled, or occupied by him in the City any rubbish, animal or vegetable matter, filth, slop, stagnant water, or other waste or matter which is, or which is liable to become, putrid or offensive or which is liable to become, a fire menace or a health menace. It shall be the duty of each such person to cause any such accumulation to be promptly handled, treated, placed, and disposed of as set forth in Article 1 of this chapter.

(§ 3, Ord. 520)

It shall be unlawful for any person to place or deposit, or cause or permit to be placed or deposited, any garbage, combustible rubbish, noncombustible rubbish, ashes, waste construction materials, or other waste materials of any kind into or upon any public street, avenue, alley, way, or other public place in the City or in, into, or upon any vacant lot or vacant premises, except in the manner and for the purposes permitted by the provisions of Article 1 of this chapter.

(§ 9, Ord. 520)

No person owning, leasing, acting as agent for, occupying, or having charge of any premises shall fail, refuse, or neglect to keep such premises in a clean and wholesome condition or permit to be or remain upon such premises any accumulation of manure, garbage, offal, rubbish, stagnant water, or filthy or offensive matter of any kind or any material which creates offensive or obnoxious odors or promotes fly breeding.

(§ 2, Ord. 446)

No person shall fail, refuse, or neglect to keep the sidewalk in front of his house, place of business, or premises in a clean and wholesome condition and in a state of good repair.

(§ 3, Ord. 446, as amended by § 1, Ord. 87-314, eff. April 23, 1987)

(a) Except as set forth in this section, the parkway between the public or private sidewalk and the public street, shall be planted and maintained with grass by the adjoining property owner.

(b) In high pedestrian traffic areas (as determined by the City Council) concrete may be installed upon the parkway between the public or private sidewalk and the public street to a thickness of three and one-half (3 ½″) inches, at the expense of the property owner. A revocable parkway permit shall be signed by the property owner and approved by the City Council for each location where concrete is installed.

(c) No person shall fail, refuse or neglect to keep the parkway between his or her property and the public street, maintained in accordance with this appropriate portion of this section and in a clean and wholesome condition and in a state of good repair. If sprinklers are installed, they shall be installed and maintained so as not to constitute a hazard to pedestrians.

(§ 2, Ord. 87-314, eff. April 23, 1987, as amended by § 1, Ord. 92-386, eff. June 25, 1992)

No person shall fail, refuse, or neglect to keep the driveway apron leading to his property in a clean and wholesome condition and in a state of good repair.

(§ 2, Ord. 87-314, eff. April 23, 1987)

The City may from time to time enter into contracts or exclusive franchise agreements regarding the collection of garbage, combustible and noncombustible rubbish, miscellaneous debris, and combined rubbish from commercial, business, industrial and residential property. So long as any such contract or franchise agreement remains in force, collection of the materials provided for therein may be made only in accordance with the terms and conditions thereof.

There are hereby imposed by the city, fees and charges for the collection, removal and disposal of garbage, rubbish and other refuse matter within the City by the authorized exclusive contract or franchise holders. Such fees and charges for such collection, removal and disposal services shall be those which the City Council may from time to time hereafter determine, fix and establish by resolution. Such fees and charges may be changed by the City Council from time to time by resolution or by the terms and conditions of a contract or franchise agreement.

The occupant of each place or premises shall be liable for payment of all such fees and charges. Should the occupant thereof fail to pay all such fees and charges before the same become delinquent, then and in such event the owner of such place or premises shall be liable for the payment of all such fees and charges, including any delinquency.

(§ 3, Ord. 88-344, eff. December 8, 1988)

Every occupant or owner of property in the City, shall be billed periodically, in advance, either monthly or quarterly, by the contractor, for the charges incurred by the collection of garbage, rubbish and other refuse.

(a) Should any owner or occupant fail, refuse or neglect to pay any such bill within thirty (30) days after the date that the same is rendered, then in that event, a penalty equal to five (5%) percent of the amount of the bill or the amount of Two and no/100ths ($2.00) Dollars, whichever amount is greater, may be added to the bill and the sum be recovered as provided by law, or in the event there are costs incurred by City all sums and costs may be recovered as hereinafter provided.

(b) Should the occupant or owner of any property in the City, fail or refuse to pay in accordance with the provisions hereinabove, the fee assessed for the collection of garbage, rubbish and other refuse, then and in the event, the City Contractor shall advise the Chief Administrative Officer or his duly authorized representative of such refusal. The failure to pay may not result in the noncollection of garbage, rubbish and other refuse. In the event that there is nonpayment, the Contractor shall cause collection of such nonpayment to be made, and the expenses and charges of collection, including penalties, to be assessed against the property provided herein.

(c) The City Contractor shall make all reasonable efforts to diligently pursue and collect all fees and charges due the City Contractor for rendering such services. In the event of delinquency, the Contractor shall also notify the owner of the property.

(d) All costs incurred by the City and payable by the City to the City Contractor as hereinafter set forth shall be recoverable by the City and charged against the real property from which the garbage, rubbish or other refuse was collected. It shall be the duty of the City Contractor to provide to the City individual letters, postage prepaid, which contain the names of the updated owner and occupant (if different from owner), the address of the owner and occupant, as of the latest updated tax roll, including the legal description of such properties, the assessor's parcel number and whatever other information is required by the County of Los Angeles Tax Collector, together with the amount delinquent and unpaid, the amount of the penalty, and collection costs. The only responsibility of the City pertaining to notice of and public hearing shall be as follows:

The Chief Administrative Officer or his duly authorized representative shall notify concerned parties of such amount. Such notice shall further declare that the City Council shall, at a regular meeting, review and approve as an assessment against the property, the amount delinquent and unpaid, the amount of the penalty, collection costs, and administrative costs incurred hereby. If the total assessment determined and approved by the City Council is not paid within ten (10) days after such determination, then and in that event, there shall be recorded in the Office of the County Recorder, a statement of the total balance due together with the legal description of the property affected. Form and after the date of such recordation, the balance due shall be a special assessment against the real property. The assessment shall be collected at the same time and in the same manner as are county property taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary county property taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

(e) The City Contractor shall be paid the amount actually recovered by the City on an unpaid account less ten (10%) percent. Said payment to contractor shall be made within thirty (30) days of the City's receipt of funds.

(f) Any occupant or owner of any property in the City, who has been billed for refuse collection service, and who desires to contest the extent, degree or reasonableness of the charges, shall make payment of such charges under protest and, at the same time, file a written statement of such protest with the Chief Administrative Officer or his duly authorized representative. Within thirty (30) days after the date of filing, the Chief Administrative Officer or his duty authorized representative shall notify the protestant of his findings and adjudication and adjustment in the matter. Within fifteen (15) days after such notice of the decision of the Chief Administrative Officer or his duly authorized representative, the protestant may appeal in writing to the City Council, whose determination shall be final.

(§ 4, Ord. 88-344, eff. December 8, 1988)

(a) The billing and collection of the rates, fees and charges imposed by collectors for solid waste and recyclable materials handling services shall be the responsibility of the collector, and the City shall have no liability or responsibility therefor.

(b) Notwithstanding subsection (a) of this section, the City may, in its sole discretion, collect the rates, fees and charges for solid waste and recyclable materials handling services fees for each fiscal year on the tax roll in the same manner, by the same persons, at the same time as. together with and not separately from, the general taxes of the City, if the City enters into a collection agreement so providing.

(c) The City may, in its sole discretion, collect delinquent fees for solid waste and recyclable materials handling services by causing the delinquent fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector.

(§ 1, Ord. 00-464, eff. June 9, 2000)

Any person violating any of the provisions of, or failing to comply with any of the mandatory requirements of, this article shall be guilty of a misdemeanor. Any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be summarily abated as such by the City. Each day such condition continues shall be regarded as a new and separate offense. The costs of summary abatement may be assessed against the property of the person responsible for such maintenance in accordance with the procedures set forth in Section 6-4.24 of Chapter 4 of this title.

(§ 5, Ord. 446, as amended and renumbered by § 3, Ord. 87-314, eff. April 23, 1987)

* Former Section 6-2.209, codified from Ord. 446, as amended by Ord. 87-314, effective April 23, 1987, editorially renumbered as Section 6-2.211 in Reprint No. 40.

Notwithstanding Section 6-2.210, the City Council may by contract or resolution bill all residential and/or business premises for solid waste or recyclable materials collection by placing the fees for said collection on the property tax rolls, through procedures established by the tax assessor for the County of Los Angeles. Collector shall prepare or cause to be prepared all information needed to place the fees and City's Utility Users Tax (Section 7-5.9 of the Municipal Code) on the property tax rolls, in the format required by the tax assessor for the County of Los Angeles and transmit said information to the City.

The fee shall be collected at the same time and in the same manner as are county property taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary county property taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special fee assessments.

(§ 1, Ord. 99-459, eff. September 9, 2000)