Napa County Municipal Code Ch. 8.52 Storage and Removal of Solid Wastes

The purpose of this chapter is to promote the community health, safety and welfare and protect the environment by establishing minimum standards for the storage and removal of solid wastes within the unincorporated area of the county.

(Ord. 1123 § 4 (part), 1997)

The standards in this chapter shall apply to any person engaged in, or property used for storage of solid wastes other than within a solid waste facility permitted and operating in accordance with Chapter 8.58 of this division.

(Ord. 1123 § 4 (part), 1997)

In all cases in which garbage and other solid waste are combined, the requirements of this chapter pertaining to garbage shall prevail.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person owning or having control of any real property whether inhabited or uninhabited, developed or vacant, and irrespective of the nature of the activities conducted thereon, to permit or allow any solid waste to accumulate or be stored in an unsanitary fashion or to remain on such property beyond the time periods set forth in this chapter, whether or not such wastes were deposited on such property by the owner or person having control thereof or other persons. Nothing in this section shall prohibit the storage upon any property of reusable material, such as, but not limited to, lumber from building demolition, as long as the reusable material is separated from any accompanying solid waste and stored in a manner to prevent the propagation, harborage or attraction of vectors or the creation of a public nuisance.

B. In addition to complying with the requirements set forth in (A), it shall be unlawful for any person to store, process, use or dispose of agricultural solid wastes in a manner which creates a public nuisance as specified in Chapter 3, Article 8 of Title 14 of the California Code of Regulations, including any subsequent amendment or recodification thereof.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any owner or person in possession of any real property on which any solid waste is produced to fail to remove or have removed in an approved manner by others such waste within the earliest practicable time. Except during disruptions in normal solid waste collection schedules beyond the control of the owner or person in possession of the real property, removal within seven days of solid waste consisting of garbage shall be rebuttably presumed to be practicable. Where deemed necessary by the department because of the potential for propagation of vectors or for the protection of public health, more frequent removal of garbage shall be required.

B. Where there are two or more living units on a single parcel of land, the owner of the property shall be the person responsible for complying with (A).

C. Upon failure of the responsible person to remove the solid waste, the owner of the property will be issued an official notice. The official notice shall state that the solid waste on the premises is a public nuisance and must be abated by the owner of the property or will be abated, at the owner's expense, by the county pursuant to Chapter 1.20 of this code.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person owning, occupying or having charge or control of any premises in the county, in or on which any solid waste accumulates or exists, to fail to place and keep all such solid waste located thereon which is comprised of garbage or other putrescent waste or which is capable of becoming litter due to weight, size, or attraction to children or animals, in a covered, non-absorbent, water-tight, vector-resistant, durable, easily cleanable, metal, plastic or other impervious can or container, which shall meet the approval of the department.

B. It shall be unlawful for any person owning, occupying or having charge or control of any premises in the county on which solid waste is generated, to allow the required solid waste storage containers, including mechanically dumped containers, to so exceed the weight and capacity, including contents, at time of collection which is allowed by any applicable franchise agreement or by the collection operator in an unfranchised area, that the collection operator refuses, for the protection of the operator's equipment or health of the operator's employees, to remove the solid waste thus stored.

C. The containers required by this section for garbage and solid waste generally shall be of sufficient size and adequate numbers to contain without overflowing all of this type of solid waste that a person generates within the designated removal period.

D. It shall be unlawful for any person to place yard and tree trimmings in the location designated by the operator for collection unless the material is either placed in containers or, if required or permitted by the operator, is securely tied in bundles. Each container or bundle shall not exceed the weight and size limits specified in the applicable franchise agreement or, if in an unfranchised area, by the agreement between the customer and the operator.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person having the responsibility to maintain a solid waste storage container to fall to maintain such container in good condition.

B. When the collection operator furnishes solid waste storage containers, the operator will be responsible for maintaining the structural integrity of the containers unless they are furnished subject to express agreement with the customer that the customer will be responsible for such maintenance.

C. The collection operator and customer shall be jointly responsible for placing the storage containers in a location which minimizes traffic, aesthetic and other problems both on the property and for the general public and reduces the likelihood of damage to the containers.

D. All such containers shall be maintained by the customer and property owner in a clean condition free from putrescible residue.

E. All containers owned or supplied by a collection operator shall be identified with the name and telephone number of the collection operator.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any person, except with the permission of the owner of the solid waste container, to tamper with, modify, remove from, or deposit solid wastes into any container which has not been provided for that person's use.

(Ord. 1123 § 4 (part), 1997)

The department may condemn any solid waste storage container by affixing a condemnation notice thereto if the container is found to be unsound, unclean or otherwise in violation of this chapter. It shall be unlawful for any person to continue to use such container so long as the condemnation notice is affixed to the container or for any person other than those persons listed in Section 8.52.170(A) to remove such notice of condemnation.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any commercial, industrial or institutional building, multiple-family dwelling unit comprised of four or more units, or other facility (other than a single-family dwelling unit) constructed or authorized to be constructed on after April 1, 1997 to fail to confine the solid waste generated within the facility in solid waste storage enclosures. Such enclosures shall be readily accessible to solid waste collection vehicles as determined by the director. The storage enclosures shall be maintained at all times in a sanitary condition and shall be located, cleaned, and maintained in such a manner so as not to become odorous, vectorial, pestiferous, or in any other way offensive or a public nuisance.

(Ord. 1123 § 4 (part), 1997)

Nothing in this chapter or division shall prevent a person from composting green material or green waste upon their property, provided such composting is conducted on the property where the material was generated or on contiguous property, and is conducted in a manner which will not promote the propagation, harborage, or attraction of vectors, or the creation of public nuisances and no more than two hundred cubic yards of compost, finished compost, or feedstock is on site at any one time.

(Ord. 1123 § 4 (part), 1997)

A. It shall be a public nuisance abatable pursuant to Chapter 1.20 of this code for any person to discard, abandon, or leave in any place accessible to children any refrigerator, icebox, deep freeze locker, oven, dryer, washing machine, or similar appliance, having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or the hinges and such portion of the latch mechanism removed to prevent latching or locking of the door.

B. The provisions of this section shall not apply to any person possessing a business license as a seller or vendor of refrigerators, iceboxes, deep freeze lockers, ovens, dryers, washing machines, or similar appliances, who keeps or stores them for sale purposes, if the seller or vendor takes reasonable precautions to effectively secure the door of any such refrigerator, icebox, deep freeze locker, oven, dryer, washing machine, or similar appliance, so as to prevent entrance by children small enough to fit therein.

C. Notwithstanding Section 8.52.170(B), violations of subsection (A) of this section shall be criminally punishable as set forth in Section 402b of the California Penal Code.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for a contractor or the owner of property on which construction or demolition has occurred to fail to store properly on the property the solid waste generated by construction or demolition pending removal. For purposes of this subsection, burial of the material on site shall be unlawful unless the site contains a solid waste facility approved under Chapter 8.58 of this division and the material is buried within that facility in accordance with the terms and conditions of the facility's permit.

B. It shall be unlawful for such contractor or owner to fail to remove or arrange for the removal of such construction or demolition waste from the site where generated to a solid waste facility approved under this division or, if in another jurisdiction, approved in accordance with the laws of that jurisdiction, within thirty days of completion of the construction or demolition. For purposes of this provision, "completion" shall mean the date of final inspection or issuance of certificate of occupancy or, where neither is legally required, the date of cessation of all work.

C. Nothing in this section shall apply to solid waste generated by construction and/or demolition activities conducted in a public road right-of-way by or on behalf of a public agency.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful to chip, grind, or mulch any green material in a manner which unreasonably constitutes a public nuisance to surrounding properties, or creates any health and safety hazard on the site of the activity.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful and a public nuisance subject to abatement pursuant to Chapter 1.20 of this code for any person to litter or allow the dispersal of any solid waste from a property, vehicle or other conveyance. Notwithstanding Section 8.52.170(B), violations of this section shall be criminally punishable as set forth in Sections 374.3, 374.4 and 374.7 of the California Penal Code.

(Ord. 1123 § 4 (part), 1997)

Any person dissatisfied with a decision, other than the actual issuance of a criminal citation or complaint, made by the director or any of the county employees listed in subsections (I) through (K) and (O) through (P) of Section 1.24 of this code may appeal that decision in the manner set forth in this section. Such appeal shall consist of an administrative appeal in writing to the director in accordance with such procedures as the director shall adopt in writing. If the person is dissatisfied with the decision of the director on the administrative appeal, he or she may appeal the decision to the board in the manner set forth in Chapter 2.88 of this code.

(Ord. 1123 § 4 (part), 1997)

A. Duty to Enforce. Enforcement of this chapter shall be by the department. In addition, for purposes of Section 1.24.020 of this code, the director of planning, building and environmental services, assistant director, deputy director, environmental health supervisor, senior environmental health specialist, environmental health specialist II, environmental management coordinator and environmental health manager have the duty to enforce the provisions of this chapter.

B. Violations. It shall be a violation for any person to violate or cause any other person to violate any of the provisions of this chapter which are declared to be unlawful or a public nuisance or to cause any other person to do so. In addition to any other remedy provided by law, such violation shall be punishable as a misdemeanor pursuant to Sections 1.20.150 and 1.20.160 of this code and may be abated pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010.

(Ord. 1179 § 2, 2001; Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 49, 1-29-2013)