Monrovia Municipal Code Ch. 8.11 Exclusive Franchise for the Collection of Commercial and Industrial…

Pursuant to the collector agreements by and between the city and authorized collectors, as defined in Chapter 8.10, the city may elect in its sole discretion to enact an exclusive franchise for the geographic area within the city that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the east side of Primrose Avenue, and the west side of Ivy Avenue.

(A) The city is empowered under California Constitution Section 7 of Article XI to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and

(B) The California Integrated Waste Management Act of 1989 (the “Act” sometimes referred to as “AB 939”) requires the city to divert, through a combination of source reduction and recycling programs, 50% of its Solid Waste from landfill disposal by the year 2000; and

(C) Uniformity in the type and frequency of collection services, means of collection and transportation, type of equipment used, and the nature, location, reporting information and extent of providing solid waste collection services within the city are vital for compliance with statutory requirements set forth by the Act; and

(D) Pursuant to the Act, the city is authorized to determine aspects of solid waste handling which are of local concern, and the means by which solid waste services are to be rendered under terms and conditions prescribed by the City Council by resolution or ordinance, including the provision of commercial and industrial solid waste collection and disposal services on an exclusive or non-exclusive basis; and

(E) Chapter 8.10 of this code institutes standards for the establishment of an exclusive or non-exclusive system to provide commercial and industrial solid waste collection, recycling and disposal services; and

(F) The City Council of the city determines and finds that public health, safety and well-being, aesthetic appearance and cost-efficiency require that an exclusive franchise be granted to a qualified solid waste enterprise for commercial and industrial solid waste collection, recycling and disposal services for commercial and industrial customers within the franchise area.

(`83 Code, § 8.11.010) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

Whenever any term used in this chapter has been defined in Chapter 8.08 or 8.10 of this code or Cal. Public Resources Code Division 30, Part 1, Chapter 2, the definition in this Municipal Code or the Cal. Public Resources Code shall apply unless the term is otherwise defined in this chapter.

BIN. A container with capacity of approximately one to eight cubic yards, with a hinged lid, and with wheels, that is typically serviced by a front end loading collection vehicle.

BIN ENCLOSURES. The solid waste bin enclosures (Old Town customer owned and those owned by the city), located within the franchise area, and used for the temporary accumulation of solid waste, green waste and recyclable material by Old Town customers.

EXCLUSIVE COMMERCIAL FRANCHISE. The legal authority granted by the city to a contractor of its choosing to collect, process and/or dispose of solid waste, including green waste, from commercial facilities and industrial facilities within the franchise area. The exclusive commercial franchise granted by the city also includes collection of solid waste from the bin enclosures, but does not include any other municipal facilities in the franchise area or any single-family or multi-family residential properties.

FRANCHISE AREA. Commercial facilities, industrial facilities and bin enclosures in the geographic area in the city that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the west side of Ivy Avenue, and the east side of Primrose Avenue.

OLD TOWN CUSTOMERS. Those commercial and industrial facilities within the scope of the exclusive commercial franchise that generate or accumulate solid waste at a commercial or industrial facility in the franchise area.

RATE. The charge to an Old Town customer for services provided by the person holding the exclusive commercial franchise, subject to the ceiling on rates approved by the city under the terms of the exclusive commercial franchise agreement.

RECYCLABLES or RECYCLABLE MATERIALS. Those materials that are suitable for recycling, including but not limited to newspapers (including inserts and coupons); glass jars and bottles; cans (aluminum, bi-metal, tin); mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper); telephone books, magazines and catalogs; corrugated cardboard; chipboard; aluminum foil and trays; aerosol cans; scrap metal; plastic containers (1-7); plastic bags and food waste.

(`83 Code, § 8.11.020) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

The exclusive commercial franchise is intended to operate independently of, but not in conflict with, the non-exclusive waste collection program established in Chapter 8.10 of this code.

(A) The exclusive commercial franchise is a mechanism through which the city and Old Town customers desire to achieve a beautification of the franchise area, a general reduction in the number of solid waste bins located along the public right-of-way within the franchise area, and if possible, a reduction of the cost for solid waste collection and disposal services.

(B) To serve these ends, and upon agreement with the city, the person holding the exclusive commercial franchise shall collect the solid waste, and green waste generated and accumulated by Old Town customers in solid waste bins located in the franchise area, including bins located in the bin enclosures, and those other locations specified in the contract or franchise by and between the city and the person holding the exclusive commercial franchise.

(C) The person holding the exclusive commercial franchise may alter levels of solid waste collection and disposal service provided to Old Town customers upon agreement with the Old Town customers.

(D) In the event a dispute regarding a change in the level of service or other such issue arises between the person holding the exclusive commercial franchise and an Old Town customer, and such dispute cannot be resolved between the parties, then the City Manager shall hear and arbitrate the matter.

(`83 Code, § 8.11.030) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

(A) The City Council of the city determines that the regular collection and disposal of solid waste is essential to the maintenance of the health, safety, welfare and aesthetic appearance of the franchise area. Therefore, every person in possession of or having control over the day-to-day activities at a commercial or industrial premises located within the franchise area (the “Old Town Customer”) where solid waste is accumulated shall provide for the collection and proper disposal of such solid waste as outlined in this chapter.

(B) The regular collection of solid waste shall occur not less than once per week from commercial and industrial facilities or bin enclosure locations by the person holding the exclusive commercial franchise.

(C) The state has determined that reductions in greenhouse gas emissions from solid waste management can be realized by recovering recyclable materials from the waste stream to use in the manufacturing of products from these materials, and has adopted statues and regulations which require certain generators of commercial solid waste to recycle solid waste generated at their premises. The purpose of this section is to affirm that the statutes and regulations related to the mandatory recycling of commercial solid waste adopted by the state shall apply to commercial and industrial premises in the City of Monrovia.

(D) Every person in possession of or having control over the day-to-day activities at a commercial or industrial facility located within the franchise area where solid waste is accumulated subject to the state mandatory commercial recycling regulations shall demonstrate, to the satisfaction of the Solid Waste Program Administrator, that the commercial or industrial premises is in compliance with the state regulations. The Solid Waste Program Administrator shall specify the method by which compliance shall be demonstrated.

(E) The City Council shall have the right to issue notices of non-compliance and assess fines on those commercial or industrial facilities located in the franchise area that have been determined to be not in compliance with the state mandatory commercial recycling regulations. The City Council shall determine the amount of any fines imposed for non-compliance and the method by which these fines are to be collected.

(F) As provided for in the state mandatory commercial recycling regulations, the City Council shall adopt procedures to exempt certain businesses from these regulations.

(`83 Code, § 8.11.040) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

(A) Rate ceilings and fees for commercial and industrial solid waste, green waste and recyclable material collection and disposal shall be set forth in the contract or franchise maintained by and between the city and the person holding the exclusive commercial franchise for the provision of such services.

(B) Rates and fees may be adjusted annually, pursuant to the methodology described in the contract or franchise by and between the city and the person holding the exclusive commercial franchise for the provision of such services.

(`83 Code, § 8.11.050) (Ord. 99-05 § 5, 1999; 2012-03 § 4, 2012)

Every person in possession of or having control over the day-to-day activities at a commercial or industrial facility located within the franchise area shall ensure that solid waste containers or bins shall not be located on the public right-of-way nor visible from the public right-of-way.

(A) The city’s Development Review Committee, in its sole discretion, may exempt individual Old Town customers from this requirement based on relevant circumstances including, but not limited to, cost, geographic location within the franchise area, or undue hardship.

(B) The city’s Development Review Committee shall have the authority to determine the degree to which Old Town customers not utilizing the bin enclosures must screen solid waste containers and bins from the public right-of-way. In instances where Old Town customers must construct walls, gates, enclosures or other such structures to adequately screen solid waste containers or bins, the Development Review Committee may defer to the, city’s Planning Commission and Historical Preservation Commission on matters of building materials and general aesthetics.

(`83 Code, § 8.11.060) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

Pursuant to Cal. Penal Code § 374, it is unlawful for any person to abandon or deposit solid waste, green waste or recyclable material on the public right-of-way. This provision shall apply to the public areas comprising the bin enclosures. At the direction of the City Manager and/or the City Manager’s designee, the person holding the exclusive commercial franchise shall investigate ongoing problems of littering at designated locations and may recommend actions to the City Manager to curb such activity. Such recommendations may include, but are not limited to identifying the individuals responsible for the litter and requiring payment for cleaning up such litter.

(`83 Code, § 8.11.070) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

It shall be unlawful for any person whose solid waste or recyclables have been collected under the provisions of this chapter to willfully fail, neglect, or refuse to pay the rates and fees described in this chapter.

(`83 Code, § 8.11.080) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

The City Manager is hereby empowered and directed to administer the provisions of this chapter, subject to the rules and regulations as may from time to time be established by the City Council.

(`83 Code, § 8.11.090) (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon citation thereof, shall be punishable by a warning, fine, or both as provided elsewhere in this Municipal Code.

(`83 Code, § 8.11.100) (Ord. 99-05 § 5, 1999)