Nevada City Municipal Code Art. I Solid Waste

This Chapter is the Nevada City Integrated Waste Management Ordinance. The purpose of this Chapter is to establish regulations for the collection, transportation, disposal and recycling of solid waste, organic waste and recyclables generated within the City. This Chapter is enacted in accordance with and to ensure that the City is able to meet its obligations under the California Integrated Waste Management Act of 1989 and any amendments thereto.

(Ord. No. 2022-11, § 2, 9-28-2022)

"Animal waste" includes feces, manure, urine, or any natural biological excrement from livestock. Animal waste is included within solid waste as defined in this Section.

"Authorized collector" means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract, franchise, or permit with the city to collect, remove or dispose of recyclables and/or organic waste generated in the city.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the City (and others).

"Commercial business" or "commercial" means a firm, partnership, proprietorship joint-stock company, corporation, or association, whether for-profit or nonprofit or as otherwise defined in 14 CCR Section 18982(a)(6).

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this Section, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compo stability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"C&D" means construction and demolition debris.

"Designee" means an entity that a city contracts with or otherwise arranges to carry out any of the city's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the City to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement official" means a City enforcement official, designated by the City with responsibility for enforcing this Chapter.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City's, or its designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

"Food waste" means food scraps, food-soiled paper, and compostable plastics.

"Franchisee" means a person franchised by the City to regularly collect solid waste, green waste and recyclable materials from a property owner's or occupant's premises.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Gray container waste" means solid waste that is collected in a gray container that is part of a three (3) container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"Green waste" means food scraps, yard trimmings, and other organic matter capable of being composted. Food scraps include discarded organic materials that will decompose or putrefy, including kitchen and table food waste, and animal or vegetable scraps resulting from the storage, preparation, cooking or handling of food. Yard trimmings may include grass, weeds, prunings, dead plants, brush, and dead trees. Green waste does not include animal waste as defined in this Section.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"Inspection" means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Prohibited container contaminants" means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City's green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in Jurisdiction's green container and/or blue container; and (4) excluded waste placed in any container.

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclable materials" means residential or commercial source separated by-products of some potential economic value, set aside, handled, packaged, or offered for collection in a manner different from regular solid waste. Recyclable materials shall include, but not be limited to: cardboard, paper, plastic, scrap metal, and beverage containers. Recyclable materials may also include materials designated as such in the rules and regulations established by the franchisee.

"Recycling collection facility" means a business or operation lawfully established for collection of recyclable materials.

"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 regulations" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Single-family" means of, from, or pertaining to a residential premises with one (1) unit.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing.

"Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.

"Source separated recyclable materials" means source separated nonorganic recyclables and source separated blue container organic waste.

"State" means the State of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site food facility and two hundred (200) or more rooms.

3. Health facility with an on-site food facility and one hundred (100) or more beds.

4. Large venue.

5. Large event.

6. A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Single-Family Organic Waste Generators shall comply with the following requirements:

1. Shall subscribe to the City's organic waste collection services for all organic waste generated. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and the generator shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.

2. Shall subscribe to the City's three-container collection service(s) by placing designated materials in designated containers and shall not place prohibited container contaminants in collection containers.

(Ord. No. 2022-11, § 2, 9-28-2022)

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

A. Subscribe to the City's three-container collection services and comply with requirements of those services as described below in Subsection 8.12.040.B. The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City.

B. Participate in the City's three-container collection service(s) by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.

C. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

D. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms, if a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Subsection D. pursuant to 14 CCR § 18984.9(b).

F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with Subsection 8.12.040.B., or if Recycling Organic Waste onsite or self hauling under Section 8.12.380 per the Commercial Businesses' instructions to support its compliance with its onsite recycling or self-haul program.

G. Excluding Multi-Family Residential Dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).

H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.12.420 to confirm compliance with the requirements of this chapter.

K. Accommodate and cooperate with City's remote monitoring program, if implemented, for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with sections 8.12.030 and 8.12.040. The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

L. If a commercial business wants to self-haul, meet the self-hauler requirements in section 8.12.380

M. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

N. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with food recovery requirements, pursuant to the remainder of this ordinance.

(Ord. No. 2022-11, § 2, 9-28-2022)

It is unlawful for any person in the city to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or to throw or deposit the same in or upon any vacant lot or backyard, or to store or keep the same otherwise than in cans or receptacles as required by the provisions of this chapter; and it is unlawful to have, store, deposit or keep garbage where rats can have access thereto or feed thereon. Notwithstanding the above, it is unlawful for any person in the city to deposit his or her household trash in city trash receptacles. Household trash means any garbage or waste matter, which was generated or collected in a person's residence or automobile prior to being deposited into the city of Nevada City's trash receptacles. Each day's violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense.

(Ord. No. 2022-11, § 2, 9-28-2022)

The city council may, at any time, enter into a contract or franchise agreement with a qualified company or individual to provide any and all services related to the collection, management, and processing of solid waste, organic waste and recyclable materials (the "franchisee".) In letting such contracts, the city council shall not be required to let the contract to the lowest bidder, but shall award such contract to the company or individual deemed best qualified and capable to comply with the terms of this chapter and the contract.

(Ord. No. 2022-11, § 2, 9-28-2022)

At such time as there is in force a contract entered into by the city and any person or entity for the collecting and removal of solid waste, recyclable material and organic waste in the city, it shall be unlawful for any person or entity other than the contractor having such contract, or his employees, to collect within the city, dispose of or transport, carry or convey through the streets, alleys, or public thoroughfares of the city, any garbage, recyclable material or organic waste or other matter offensive to the sight, or to interfere in any manner with any containers, or to remove such containers after they are placed by the lessees or owners thereof. This shall not prevent self-haulers in the city (city to be the city limits as they exist on January 1, 2021, and includes any subsequent annexations of land into the city limits from collecting, removing, or transporting their own solid waste, recyclable material and organic waste in accordance with Section 8.12.230 and 8.12.380, but shall not allow such self-hauler to provide such services for pay.

(Ord. No. 2022-11, § 2, 9-28-2022)

It shall be the duty of the franchisee to gather, collect and dispose of solid waste, organic waste and recyclable materials from a property owner's or occupant's premises, by disposal at authorized facilities, or other authorized disposal method allowed by law, all solid waste, organic waste and recyclable materials within the city in a manner satisfactory to the city council, and in compliance with this chapter and applicable laws.

(Ord. No. 2022-11, § 2, 9-28-2022)

The franchisee shall furnish at their own expense all the vehicles and all other equipment necessary for the collection and removal of solid waste, recyclable material and organic waste in accordance with the provisions of this chapter; provided, that all such vehicles and equipment shall first be approved by the city.

(Ord. No. 2022-11, § 2, 9-28-2022)

All solid waste, recyclable material and organic waste service collection fees, charges, and rate schedules which are set by the city's franchisee through the contract for solid waste, recyclable material and organic waste collection described in this chapter shall not exceed the maximum rates for such fees and charges as established and fixed by resolution of the city council, which resolution may be amended from time to time, upon majority vote of the city council.

(Ord. No. 2022-11, § 2, 9-28-2022)

The contract executed pursuant to this chapter shall provide that the Franchisee shall have the right to collect and receive the collection charges and fees provided in this chapter for the collection of garbage, recyclable material and organic waste in the city and no more, as and for their sole compensation.

(Ord. No. 2022-11, § 2, 9-28-2022)

The fees and charges specified in this chapter shall, in all cases, be payable and due on either the date prescribed by resolution of the city council, or the date prescribed by the city's franchisee subject to this chapter and approved by the city.

(Ord. No. 2022-11, § 2, 9-28-2022)

Failure or refusal to pay fees assessed pursuant to this chapter may result in the non-collection of solid waste, including garbage, organic waste, and recyclables, creating a condition which the city may declare to be a public nuisance if permitted to exist. In the event that there is nonpayment, the city manager may direct the city's franchisee to make collection, and the expenses and charges of such collection may be assessed against the property as provided herein.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Service charges imposed pursuant to these regulations shall constitute a lien upon the parcel of real property to which such service was rendered.

B. Lien Recorded—Procedure.

1. The city manager shall transmit to city council, a report of delinquent charges.

2. Notwithstanding any provision in this code to the contrary, any solid waste, organic waste, or recyclables collection service charges which have become delinquent, shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

3. Prior to the recordation of a lien for delinquent charges, the city manager shall cause the notice of a hearing on the delinquent charges to be mailed to the owner. The notice shall contain the date, time and location of the hearing and shall be mailed at least ten calendar days before the date of the hearing. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.

4. Upon a decision adverse to the owner after hearing, the city council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the city manager unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

5. The city manager is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. The city manager may, as needed, initiate proceedings to make delinquent garbage, solid waste, organic waste, and recyclables collection service charges a special assessment against the parcels of property to which such service was rendered.

C. Hearing.

1. At the time fixed for consideration of the report, the city council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The city council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the city council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution.

2. The decision of the city council on the report, and on all protests or objections thereto, shall be final and conclusive.

D. Method of Collection—Applicability of Other Liens, Laws, Etc.

1. Upon confirmation of the report by the city council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

2. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

3. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 1st. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year.

4. The city's franchisee shall give written notice to the city of the name and address of any person or owner he or she discovers who fails to subscribe for such collection disposal service and the address of the premises for which such solid waste, organic waste, and recyclables collection and disposal service has not been subscribed, unless he or she has been notified by the owner or other person in lawful possession that the property is vacant, or temporarily not occupied, and when he or she has determined that such condition actually exists on the premises.

(Ord. No. 2022-11, § 2, 9-28-2022)

The city manager is empowered and directed to administer the provisions of this article, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. In the event that any provision of any such agreement is inconsistent with any provision of this article, the provisions of this article and this Code shall prevail.

(Ord. No. 2022-11, § 2, 9-28-2022)

The city manager, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection of solid waste, recyclable material and organic waste in the city. Such rules and regulations, when published, shall become a part of this chapter, and any person violating any such rules shall be subject to the penalty provided for the violation of this chapter.

(Ord. No. 2022-11, § 2, 9-28-2022)

Every property owner, tenant, lessee or occupant of any premise in the city shall make available and at all times shall keep within such building, or on the lot on which such building is situated, suitable and sufficient watertight containers provided by the franchisee, for receiving and holding without leakage or escape of odors, and without being filled to within four inches of the top, all the solid waste, recyclable material and organic waste which would ordinarily accumulate on such premises within one week's time.

(Ord. No. 2022-11, § 2, 9-28-2022)

All solid waste, recyclable material and organic waste containers required by this chapter shall be emptied by the authorized franchisee at least once each week, or as otherwise directed by the city in the contract with the franchisee.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. It is unlawful for any person to dump or place any material into, or to utilize, any container without the express consent of the owner or lessee of the container or unless a notice has been placed on the container denoting that it is for the use of the public.

B. It is unlawful for any person, without the consent of the owner or lessee of the container, to enter into, or access, a container, whether or not a notice has been placed on such container, for the purpose of salvaging garbage, recyclable material or organic waste therein or for the purpose of utilizing the container to rest or sleep therein.

(Ord. No. 2022-11, § 2, 9-28-2022)

No person shall keep, place or deposit solid waste including recyclable materials, organic waste or garbage on any private grounds or premises whatsoever, except in accordance with the rules and regulations established under this chapter. Persons approved to self-haul under sections 8.12.230 and 8.12.380 may keep, place or deposit solid waste including recyclable materials, organic waste or garbage for the purposes of separating recyclable materials and organic waste generated on-site prior to hauling organic waste to a high diversion organic waste processing facility.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Containers for single-family premises, shall have a capacity of not less than ten gallons nor more than ninety-six gallons; and containers at all other places including commercial businesses shall each have a capacity of not less than ten gallons.

B. Generators shall arrange for a size, quantity and collection frequency of containers to adequately store all solid waste, recyclable material and organic waste generated in connection with the premise between the times designated for collection service. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Commercial containers required by this chapter for receiving solid waste, recyclable material and organic waste shall be so placed as to be readily accessible for removing and emptying by the collector.

B. On the day for collection, residential containers required by this chapter, shall be placed on the portion of the resident's real property nearest the public right-of-way which is readily accessible for removing and emptying by the authorized collector. All persons who are physically unable to place such containers as required in this section shall be exempt from this requirement.

C. No container for receiving solid waste, recyclable material and organic waste shall be placed on any street, alley, sidewalk, footpath, or any public place, except in accordance with rules and regulations established under this chapter or an arrangement made with the city in consultation with the Franchisee for an alternate collection location.

D. In all cases of disputes or complaints arising from or concerning the place where the containers shall be placed while awaiting the removal of their contents, the city manager, or his designee, shall forthwith designate the place and such designation shall be final.

(Ord. No. 2022-11, § 2, 9-28-2022)

Self-haulers of solid waste shall:

A. In addition to the regulations prescribed herein, adhere to all regulations in this chapter, including, but not limited to, the collection service subscription requirements in section 8.12.030.

B. Self-haulers shall source separate all recyclables and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3, as may be amended.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Waste organic matter generated by a household or an individual may be composted by households or individuals provided that the composting:

1. Is conducted in accordance with accepted composting practices;

2. Is conducted in accordance with applicable federal, state and local laws and regulations;

3. Does not generate offensive odors or provide a source of food or harborage for vermin; and

4. Does not create a public or private nuisance.

B. Any individual generator may choose to compost their own organic material in compliance with this section without reliance on the city's solid waste or recycling franchisee.

(Ord. No. 2022-11, § 2, 9-28-2022)

A. Any section of this chapter may be enforced by the city, or, if agreed to, by another enforcement agency designated by the city.

B. Violation of all provisions of this chapter, unless otherwise specified, shall constitute an infraction and shall be subject to enforcement action pursuant to Title 1 of the Nevada City Municipal Code.

C. A violation of this chapter may be punishable by administrative penalty, in amounts that shall not exceed the following:

1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation.

2. For a second violation, the amount of the base penalty shall be one hundred to two dollars per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation of the same provision within a twelve-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law.

D. The maximum penalties described in subsection C. of this section shall be increased automatically if the maximum penalties established 14 CCR Section 18997.2 are amended.

E. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this section, except as otherwise indicated in this chapter.

F. Nothing in this section shall be construed as preventing the city from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this section.

G. Any person engaged in the unauthorized collection or theft of recyclable materials or organic waste is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars or incarceration in the county jail for a period not to exceed six months or both.

H. As an alternative to criminal enforcement, both the city and the authorized collector have the independent authority to civilly enforce any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them whenever he or she deems it appropriate.

I. Other remedies allowed by law may be used, including civil action or prosecution as an infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of City staff and resources.

(Ord. No. 2022-11, § 2, 9-28-2022)