Mission Viejo Municipal Code Div. 5 Unlawful and Prohibited Acts

To protect public health, safety and well-being and to control the spread of vectors, no person shall keep solid waste in containers or commercial bins other than those approved by a solid waste collector; nor shall any person accumulate solid waste for more than 13 consecutive days; nor shall any person keep upon any premises in the city any solid waste which is offensive, obnoxious or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being, and to control the spread of vectors, no person, other than the person in charge of any premises or a solid waste collector authorized by the person in charge of the premises, shall remove any container or commercial bin from the location where the container was placed for storage or collection by the person in charge of the premises, or remove any solid waste from any container or commercial bin, or move the container or commercial bin from the location in which it was placed for storage or collection, or apply any paint or markings (commonly known as "graffiti" or "tagging") to any solid waste container or commercial or construction bin without the prior written approval of the owner of the container, commercial or construction bin.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being and to minimize interference with public rights of way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a solid waste collector for the pickup of the bulky goods.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being, no person shall place or deposit institutional, commercial, industrial, special, or hazardous waste in any civic litter container.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being, no person shall burn any solid waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the building official and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations.

(Ord. No. 96-155, § 1, 1-8-96)

The unauthorized removal of recyclable solid wastes and recyclable materials placed at designated recycling collection locations is prohibited by California Public Resources Code §§ 41950-51.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being, no person except for a self-hauler or gardener shall collect any solid waste from any commercial business or residential premises within the city, nor shall any person place a commercial bin for the accumulation of solid waste at any premises within the city, without a city solid waste collector's license or operate a solid waste collection vehicle within the city without displaying a current city-issued solid waste collector's decal, as provided by section 6.10.320. Each day any person other than a self-hauler or gardener shall collect any solid waste from any commercial businesses or residential premises within the city, or place a commercial bin or construction bin for the accumulation of solid waste at any premises within the city, or permit or suffer a commercial bin or construction bin to remain in any place within the city, without a city solid waste collector's license or operate a collection vehicle within the city without displaying a current city-issued solid waste collector's decal shall constitute a separate offense.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

To protect public health, safety and well-being, no person shall place or maintain any commercial bin or any construction bin or collect solid waste from any commercial bin or any construction bin which does not have conspicuous warnings that the bin is not to be used for the disposal of hazardous waste, nor shall any person place or maintain any commercial bin or any construction bin, in this city, or collect solid waste from any commercial bin or any construction bin in this city which is not free from those exterior paint or markings commonly known as "tagging" or graffiti.

(Ord. No. 96-155, § 1, 1-8-96)

To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance, for any person to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the city for which arrangements have not been made for regular collection and removal services for solid wastes, recyclable solid wastes or organic waste and any other violation of this chapter is unlawful and may be enjoined as a nuisance.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

To protect public health, safety and well-being and to prevent the contamination of solid waste and recyclable solid wastes, no person shall place solid waste in, or to otherwise use the solid waste or recyclable solid waste or organic waste containers of another, without the permission of such other person.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

To protect public health, safety and well-being, no person transporting solid waste, recyclable solid wastes, construction waste or organic waste within the city shall fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped into the environment during removal or transport within the city by such person.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the city, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the city, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility.

(Ord. No. 96-155, § 1, 1-8-96)

Pursuant to California Penal Code Section 836.5, the city manager, city enforcement official, county agency enforcement official, or designee are authorized to enforce the provisions of this chapter and as well as those of California Penal Code §§ 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code §§ 68055 et seq.; and California Vehicle Code §§ 23111 and 23112.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

Wherever in this chapter enforcement authority is given to any city employee or officer, such authority may be exercised by designees of the those officers and employees.

(Ord. No. 96-155, § 1, 1-8-96)

Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in sections 1.12.010 through 1.12.050 of this Code. Penalty levels for violations are established by resolution of the city council of the City of Mission Viejo.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

Violation of any provision of this chapter shall be a misdemeanor. Notwithstanding the foregoing, such a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of this Code.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 97-174, § 4, 8-18-97)

The city manager or the city manager's designee(s) shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Municipal Code.

(Ord. No. 96-155, § 1, 1-8-96)

Nothing in this chapter shall be deemed to limit the right of an authorized recycling agent to bring a civil action against any person who violates California Public Resources Code §§ 41950-51, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling agent.

(Ord. No. 96-155, § 1, 1-8-96)

(a) City representatives and/or its designated entity, including any designee, are 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 article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this article and may result in penalties described.

(c) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Ord. No. 21-340, § 2, 7-13-21)