Moorpark Municipal Code Art. II Unauthorized Containers

No person other than an authorized solid waste collector shall place a container for the accumulation of solid waste on any public right-of-way or at any premises within the city or collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the city that has not been placed by an authorized solid waste collector. Each day any person other than an authorized solid waste collector shall collect any solid waste from any premises or place an unauthorized container for the accumulation of solid waste at any premises within the city, or permit or suffer a solid waste container that is unauthorized to remain in any place within the city shall constitute a separate offense and shall be a nuisance and shall be subject to removal pursuant to the process identified below and enforcement as stipulated in the code.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

A. The administrative authority may cause the posting of a notice to remove, as described below, to be affixed in a conspicuous place on any unauthorized container placed on any public right-of-way or public or private property within the city, and on private property upon receiving permission from the person in charge of day-to-day activities or operations of the premises or the property owner, in violation of this chapter in accordance with any applicable law. The notice to remove posted pursuant to this subsection shall specify the nature of the violation and shall state that the unauthorized container must be removed within 24 hours or by a specific date and time as determined by the administrative authority on a case by case basis or it may be impounded and held by the city franchise solid waste collector responsible for the public or private property location where the container was caused to be placed, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container.

B. If the unauthorized container is not removed within 24 hours after the notice to remove is posted or by the date and time specified on the notice, the administrative authority may direct the impoundment and storage of the unauthorized container and its contents if they contain solid waste. The administrative authority may direct the lawful disposal of an unauthorized container's contents by the city franchisee, or any other qualified party as directed by the administrative authority, if the contents consist of putrescible matter, medical waste, or hazardous waste. The contents shall be deemed to consist of solid waste, whether or not some or all of the contents are potentially recyclable. In all cases where the owner of the unauthorized container, whether acting alone or in concert with others, including any affiliate, agent, broker or subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment of a fee or other consideration in any form or amount from the customer in exchange for rendering all or any aspect of the service for which the container was supplied, the owner of the container shall reimburse the city franchisee for the actual cost of impoundment, storage and disposal of the contents of the container. All amounts due to the city franchisee for the cost of impoundment and disposal must be paid before the container may be returned to the owner. Such amounts shall constitute a civil debt owed by the owner to the city franchisee, and the owner shall be liable to the city franchisee in an action brought by the city franchisee for the recovery of such amounts. If the identity of the owner of the container is known or can be ascertained by an inspection of the container, the administrative authority shall provide a written notice to the owner at the last known address of the owner based upon a review of public record advising the owner that the container has been impounded and the location where the container will be stored, if the identity of the owner of the container is not known and cannot be ascertained by an inspection of the container, the administrative authority shall provide a written notice to the person responsible for day-to-day activities or operations at the premises where the container is located. If it cannot be determined that the container is associated with a premise, the container itself shall be posted with a notice.

C. The owner of the container may contest the administrative authority's claim that the container was illegally placed or left standing by giving written notice to the administrative authority within 10 calendar days of receipt of written notification from the city that the container was impounded. Where the owner asserts that the placement or use of the container was for a permitted salvage activity not otherwise proscribed by this chapter, the owner shall provide the administrative authority with information to substantiate that assertion. Said information shall be submitted with the notice from the owner and shall include, at a minimum, the following:

1. Description of the materials of value deposited in the container and an estimate of their value;

2. Address, telephone number and contact person of the facility or facilities with whom the owner has arranged for the contents to be processed or recycled, and proof of that arrangement;

3. Evidence that the facility or facilities where the contents are destined to be processed or recycled carries all requisite approvals, permits, or other forms of authorization required by any governmental agency having jurisdiction, to conduct processing or recycling activities;

4. A declaration from the customer receiving service, signed under penalty of perjury, that the customer was charged no fee from the service provider in exchange for service, and that the contents of the container were either donated or sold by the customer to the service provider/owner;

5. The administrative authority shall have the right to request such additional information within 30 days of receipt of items (C)(1) through (C)(4) of this section as may be necessary or useful in determining the validity of the owner's contest;

6. If the administrative authority determines, in the exercise of reasonable discretion, that the owner has supplied evidence sufficient to support it obtained all licenses, permits, and other required city approval and that it can support its contention that it was engaged in a permitted salvage activity involving sold materials, the container shall be returned to the owner without any charge for removal or storage of same.

D. If a container that has been impounded pursuant to this section is not claimed within 30 days after removal and notice to the owner, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. Where the contents present imminent threat to public health and safety or consist of putrescible matter, medical waste or hazardous waste, as determined by the administrative authority, the waste may be processed or disposed of without awaiting the expiration of the 30 day claim period.

E. After an unauthorized container has once been removed by the city pursuant to this article, the owner thereof shall be deemed to have actual notice of the provisions of this article, including the prohibition against the placement of unauthorized containers. In the event of a subsequent placement of a container owned by the same owner, or an affiliate of the owner, that is in violation of this chapter, the administrative authority may immediately, without the posting of a notice to remove pursuant to subsection A of this section, direct the impoundment of the unauthorized container and shall, in such case, give notice to the owner to claim the container pursuant to subsection B of this section. In such event, the owner shall, subject to the provisions of subsection C of this section, be responsible to reimburse the city and city franchisee for the actual cost of such removal, storage and disposal, and administrative costs which shall be paid by the owner before the container may be returned to the owner. If the container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection D of this section, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.

F. The fees required by this section shall be established by resolution of the city council.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)