Oceanside Municipal Code Art. II Discarded Materials Collection Services

Footnotes:

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Editor's note— Ord. No. 22-OR0061-1, §§ 14—38, adopted January 26, 2022, amended article II in its entirety to read as herein set out. Former article II, §§ 13.14—13.40, pertained to solid waste services, and derived from Ord. No. 98-03, § 1, 1-7-98; Ord. No. 12-OR0550-1, §§ 2—8, 8-15-2012; Ord. No. 17-OR0089-1, §§ 6—26, 2-15-2017; Ord. No. 17-OR0270-1, § 1, 5-3-2017; Ord. No. 19-OR0658-1, §§ 2, 3, 10-9-2019; Ord. No. 21-OR0474-1, §§ 7—12, 6-16-2021.

The city council may establish one or more authorized collectors by franchise, contract or permit upon such terms and conditions as the city council deems appropriate for the public health, safety and welfare. An authorized collector may be required to post a faithful performance bond, or other security, in an amount determined by the city council.

(Ord. No. 22-OR0061-1, § 14, 1-26-2022)

In the event of an emergency that precludes an authorized collector from performing discarded materials collection services sufficient to meet the needs of the community, the city manager may issue limited or temporary permits to any qualified person or persons to perform discarded materials collection services subject to such reasonable fees, charges and conditions as the circumstances may warrant. Any limited or temporary permit shall not be valid for more than ninety (90) days without the approval of the city council.

(Ord. No. 22-OR0061-1, § 15, 1-26-22)

(a) Discarded materials shall be removed from premises within the city as set forth in this chapter.

(b) Except as otherwise provided in this chapter, every person in possession, charge or control of any place or premises in the city shall subscribe to discarded materials services through an authorized collector according to the provisions of this section, and shall pay the fee or fees for such services established according to this chapter. Minimum service levels must be adequate to eliminate any potential public nuisance and/or noticeable odor. Except as otherwise provided by law, this section shall apply to premises owned or operated by the United States, the State of California, or any agency or political subdivision thereof.

(c) Solid waste, recyclable materials, and organic materials shall be removed from any occupied residential premises at least once per week.

(d) Solid waste, recyclable materials, and organic materials shall be removed from an occupied commercial or industrial premises at least once per week, unless written permission is granted by the city for less frequent collection.

(e) Discarded materials shall be removed from an unoccupied premises within one (1) week after written notice has been mailed by first class mail to the owner as shown on the last equalized assessment roll.

(f) The city franchise contract administrator 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 may require a greater number of collections, or a greater number of collection receptacles, pursuant to the provisions of this subsection. In the event that discarded materials being collected from an occupied commercial, industrial or multifamily residential premises exceeds the capacity of the bin, roll-off container, or other authorized container(s) for discarded materials collection services provided for the premises, and is reported as such by the authorized collector or any employee of the city authorized to enforce the provisions of this chapter, the city franchise contract administrator may issue written notice to the owner of the property and to the property manager and/or tenant(s) (as applicable) ordering remedial action. The order shall state the options available for remedial action and shall give thirty (30) days for implementation of the remedial action. Remedial action may include, but is not limited to, reduction of the discarded materials through recycling, composting, or other diversion activities as provided in this chapter, increasing the number of collection containers, increasing the size of the collection containers, or increasing the frequency of collection. If the order is not implemented within thirty (30) days of the date it is issued, the city franchise contract administrator may direct the authorized collector to implement one (1) or more of the remedial actions stated in the order at the expense of the owner, property manager or tenant (as appropriate).

(g) All generators shall place recyclable materials in a recyclable materials container, organic materials in an organic materials container, food waste and food-soiled paper in a food waste and food-soiled paper container (if applicable). And solid waste in a solid waste container as designated by the discarded materials collection service. Recyclable materials and organic materials shall be kept separate from one another and from solid waste, and are prohibited from being placed within the solid waste container. Nor shall generators place solid waste in a container designated for recyclable materials, organic materials, or food waste and food-soiled paper. Excluded waste is prohibited from being placed in any collection container designated for recyclable materials, organic materials, food waste and food-soiled paper, or solid waste.

(h) If approved by the city franchise contract administrator, a self-hauler may be considered an authorized collector (with respect to discarded materials generated at the self-hauler's premises) for purposes of subsection 13.16(b) and may obtain a rebate of a portion of the discarded materials fees paid under this chapter, pursuant to a program established in accordance with this chapter.

(Ord. No. 22-OR0061-1, § 16, 1-26-22)

Construction and demolition debris generated as a result of the construction or reconstruction of structures may be kept on a construction site in any safe manner and shall be removed from the construction site for disposal or processing in accordance with the California Green Building Standards Code as adopted in article XIII of the Oceanside City Code. C&D debris shall be removed from a premises from time to time as determined appropriate by the owner or the licensed contractor performing or supervising the work, or upon the order of the building director, and in accordance with section 13.13 of this Code. Upon completion of construction, all C&D debris shall be removed from the construction site within one (1) week.

(Ord. No. 22-OR0061-1, § 17, 1-26-22)

The responsible party of any premises within the city shall pay a service charge therefor in an amount determined by resolution of the city council. Whenever discarded materials are required to be removed from unoccupied property, the owner of the property shall be deemed to be the responsible party. The city council may permit an authorized collector to bill directly for services subject to the provisions of the collector's franchise, contract or permit. If an authorized collector's franchise, contract or permit provides for the city to administer the billing for discarded materials collection services provided by the authorized collector, then the city shall, by resolution, establish maximum rates that may be charged by the authorized collector for said services.

(Ord. No. 22-OR0061-1, § 18, 1-26-2022)

The charges for the various types of discarded materials collection services shall not exceed the reasonable cost of providing the service, but shall be sufficient to fully recover the full cost of providing the discarded materials collection services under this chapter, including but not limited to solid waste disposal, recyclable and organic materials processing, other discarded materials services and programs, and/or street sweeping.

(Ord. No. 22-OR0061-1, § 19, 1-26-2022)

(a) In addition to the requirements listed in section 13.16 of this Code, the responsible party of any commercial or multi-family premise in the city shall:

(1) Provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this Code for employees, contractors, customers, and tenants.

(2) Place and/or direct their employees, contractors, customers, and tenants to place source separated organic materials, in the organic materials container; source separated food waste and food-soiled paper in the food waste and food-soiled paper container, source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

(3) Not place and/or direct their employees, contractors, customers, and tenants not to place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers, food waste and food-soiled paper containers, or recyclable materials containers in the solid waste containers.

(4) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, customer, and tenants consistent with city's discarded materials collection service.

(5) Annually provide information to employees, contractors, and tenants about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

(6) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials, organic materials, and food waste and food-soiled paper (when applicable) and to keep source separated organic and recyclable materials separate from each other and from solid waste, and the location of containers and the rules governing their use at each property.

(7) Provide or arrange access for the city or its designee to enter their property during all inspections conducted in accordance with this Code to confirm compliance with the requirements of this Code and applicable law.

(b) The responsible party of a commercial premise in addition to the requirements listed in section 13.16 of this Code shall:

(1) Comply with all the requirements of subsections (a)(1) through (a)(7) of section 13.20 for their employees, contractors, customers, and tenants.

(2) Provide containers for the collection of source-separated recyclable materials and source separated organic materials and/or food waste and food-soiled paper in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated at that commercial business. Such containers shall be visible and easily accessible. 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 responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall comply with the same color and labeling requirements as set forth in section 13.27 of this chapter:

(3) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city's discarded materials collection service.

(4) Periodically inspect discarded materials containers for contamination and inform employees if containers are contaminated and of the requirements to properly source-separate materials and keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(5) Comply with food recovery requirements, pursuant to section 13.22 of this Code if they are a responsible party of a business that is a tier one or tier two commercial edible food generator.

(Ord. No. 22-OR0061-1, § 20, 1-26-22)

(a) The city shall pay an authorized collector from revenues generated by the charges established under sections 13.18 and 13.19, unless the authorized collector is permitted to charge for such services under a franchise contract or permit.

(b) An authorized collector may establish and impose charges for special services subject to the provisions of the authorized collector's franchise, contract, or permit, and subject to approval by the city council.

(c) In lieu of the procedure for establishing and collecting charges authorized by sections 13.18 and 13.19, the city council may, by resolution or in the terms of a franchise, contract, or permit, allow an authorized collector to establish and collect discarded materials collection services charges that do not exceed maximum rates as set by the city council.

(Ord. No. 22-OR0061-1, § 21, 1-26-22)

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food for human consumption that would otherwise be disposed.

(2) Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(C) A record of the following information for each of those food recovery services or food recovery organizations:

(i) The name, address and contact information of the food recovery service or food recovery organization.

(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(6) Not enter into any exclusive contracts or agreements with food recovery services or food recovery organizations.

(7) Upon request by the city, and no later than ten (10) days after such request, provide the following information to the city:

a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually.

b. The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually.

c. Any additional information required by the city manager or their designee.

(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(e) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(f) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(g) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city upon request, and no later than ten days from such request, all the information listed in subsections (e) or (f) of this section and any additional information requested by the city manager or their designee.

(Ord. No. 22-OR0061-1, § 22, 1-26-22)

If the city collects charges under this chapter, then if a bill becomes delinquent, water service to the premises may be terminated based upon such nonpayment as established in accordance with section 37.41 (discontinuation of service due to unpaid bills; reconnection).

(Ord. No. 22-OR0061-1, § 23, 1-26-22)

If charges are paid to the city under this chapter, such charges shall be paid in advance of services and shall be a debt owed to the city until paid in full. If charges are paid directly to an authorized collector, such charges shall be paid in advance of services and shall be a debt owed to the authorized collector until paid. An authorized collector shall not terminate collection services for delinquent accounts.

(Ord. No. 22-OR0061-1, § 24, 1-26-22)

As a requirement of the use or occupancy of property in the city, it shall be the duty of every owner or occupant of any residential dwelling of fewer than five (5) units, the owner, proprietor or manager of any multifamily residential (five [5] or more units), commercial or industrial use, and of every other person generating discarded materials as a result of the use of property to provide and keep within the property suitable and sufficient containers for the accumulation of recyclable materials, organic materials, food waste and food-soiled paper (when applicable) and solid waste, during the interval between collection service without causing public or private property to become a nuisance. For the purposes of this section, the following service standards are established:

(1) Commercial or industrial uses. Each commercial or industrial account is required to subscribe to adequate bin service for solid waste, recyclable materials, and organic materials. Generators may arrange for commercial cart service per city franchise contract administrator approval.

(2) Residential uses with four (4) or fewer dwelling units. Each complex consisting of four (4) units or fewer shall have the required residential service for each separate unit, or may choose to subscribe to at least two (2) units of commercial cart service for every four (4) dwelling units.

(3) Multi-family residential premises with five (5) or more dwelling units. Each multi-family premises shall subscribe to adequate and appropriate service levels based on the complex's number of dwelling units. Complexes of five (5) to eight (8) units are required to subscribe to a minimum of two (2) units of commercial cart service for every four (4) dwelling units. Complexes of nine (9) units or more are required to subscribe to bin service for solid waste, recyclable materials, organic materials, and/or food waste and food-soiled paper. Complexes with thirteen (13) units or more will require additional bin service for solid waste, recyclable materials, organic materials, and/or food waste and food-soiled paper in order to ensure adequate service levels.

(4) Containers provided by authorized collector. An authorized collector shall provide collection containers to generators for discarded materials collection service that meet the color and labeling requirements of section 13.27 of this Code.

(Ord. No. 22-OR0061-1, § 25, 1-26-22)

The city franchise contract administrator or designee may waive, modify, or reduce a generator's bin or cart collection service requirements provided in section 13.25. Such a waiver, modification, or reduction may be made at the written request of the responsible party for a premise and shall state the reason or reasons underlying the request. Additionally, the responsible party shall provide upon city request additional documentation proving all discarded materials generated on the premise are properly diverted or disposed in accordance with this chapter 13 of the Oceanside City Code and applicable law. The decision of the city franchise contract administrator or designee shall be made with due consideration given to the nature and volume of discarded materials generated on the premise, the ability of existing containers to adequately provide for discarded materials storage pending collection, and the general health and safety of persons residing in or about the premise as well as of workers collecting discarded materials from the premise. Waivers may be granted only to the extent allowed by applicable law.

(Ord. No. 22-OR0061-1, § 26, 1-26-22)

(a) All discarded materials collection containers provided by an authorized collector shall be kept clean, sanitary, and portable by the responsible party under the provisions of this chapter. All containers shall be equipped with a close-fitting weather-resistant cover which shall be kept in place at all times expect when materials are placed into or removed from the container. Containers shall be free of leaks.

(b) All new containers provided to generators by an authorized collector for discarded materials collection services shall adhere to the following color requirements:

(1) Recyclable materials containers shall have a body and lid that is blue in color.

(2) Organic materials containers, including containers designated solely for yard trimmings, shall have a body and lid that is green in color.

(3) Solid waste containers shall have a body and lid that is grey or black in color.

(4) Food waste and food-soiled paper containers shall have a body and lid that is brown in color.

(5) Hardware such as hinges and wheels on the containers may be a different color than specified above.

(6) Each section of a bin split to accommodate two different material types shall be painted in accordance with the color requirements in this Section for the applicable discarded material type intended for that segregated section of the bin (e.g., a split-bin for solid waste and recyclable materials would be half gray or black and half blue, respectively).

(7) Functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section do not need to be replaced prior to the end of their useful life, or prior to January 1, 2036, whichever comes first.

(c) Containers shall be labeled with 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 Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(d) If an authorized collector is permitted or required to provide containers as a provision of its franchise, contract or permit, all containers shall comply with the requirements established by the authorized collector pursuant to the provisions of the franchise, contract or permit in addition to the requirements listed above in subsections (b) and (c) of this section.

(e) Separate containers for various types of recyclable materials may be provided according to written directives issued by the city franchise contract administrator or in accordance with an authorized collector's franchise, contract, or permit with the city.

(Ord. No. 22-OR0061-1, § 27, 1-26-22)

On collection days, all containers shall be properly closed and placed adjacent to the roadway in a manner that does not block any travel way. Loaded containers and large landfill items ready for collection shall not be set out before 4:00 p.m. on the day prior to the scheduled collection day. Containers shall be returned to a proper storage location, on private property, and screened from public view by a solid fence or wall not more than six (6) feet in height in accordance with section 13.13 of this Code, by no later than 11:00 p.m. on the day of collection. The city council may, by resolution, from time to time, prescribe days and hours for the collection of discarded materials from property within certain areas of the city. Within such areas all discarded materials shall be made available for collection at the designated day and time.

(Ord. No. 22-OR0061-1, § 28, 1-26-22)

(a) Recyclable materials, organic materials, and food waste and food-soiled paper shall be separated from one another and solid waste prior to collection by an authorized collector and containers shall be free of prohibited container contaminants.

(b) Hazardous waste consisting of flammable liquids, motor oil, anti-freeze, insecticides, poisons, caustics, acids, explosives, liquid paint, or other household hazardous waste material shall not be placed for collection through discarded materials collection services, but rather shall be disposed of at designated hazardous waste collection sites or through periodic household hazardous waste collection events, or as otherwise required by law.

(c) Infectious waste shall not be placed for collection through discarded materials collection services, but rather shall be disposed of as otherwise required by law.

(d) Except for incidental disposal by occupants of residential dwellings of fewer than five (5) units, construction and demolition debris including cement, dirt, sand, lumber, plaster, sod, stones, building blocks, trees, agricultural industry debris, or other similar items shall be collected, diverted, and recycled or disposed of only by an authorized collector and in accordance with applicable law.

(e) Large household items shall not be placed for collection through the discarded materials collection service, but rather shall be disposed of by special arrangement through an authorized collector or charitable organization.

(f) Unless otherwise provided pursuant to the provisions of the franchise contract or permit with an authorized collector, tires, wet cell batteries, motor vehicles or parts thereof, large machinery or parts thereof, and similar items shall not be placed for collection through the discarded materials collection service, but rather shall be disposed of in a lawful manner through service providers licensed for disposal of such items.

(g) It is unlawful for any person to keep, accumulate or permit to be kept or accumulated any solid waste containing liquid or human or animal waste, including waste from animal rendering operations, in or upon any public or private place unless the waste is drained of excess fluid and securely wrapped and placed in containers having a close-fitting cover which shall be kept closed at all times except when open to be filled or emptied.

(h) Except as otherwise provided in this section, all solid waste may be placed in the same container for disposal.

(Ord. No. 22-OR0061-1, § 29, 1-26-22)

(a) Bins shall be placed in an accessible, outside location, on a hard surface. Bins shall be kept in enclosures meeting standards approved by the community services director and in accordance with applicable law, including the city's Green Building Code. The city franchise contract administrator may establish a time schedule for implementation of the enclosure requirement upon application by the responsible party for the premises and a finding of good cause. Any such schedule agreement shall be in writing and maintained in the records of the building department. Any such waiver shall be in writing and maintained in the records of the building department. Locked or inaccessible bins will be serviced only by special arrangement with an authorized collector.

(b) It is unlawful to place a bin in any public street, alley, or right-of-way without the express written permission of the city franchise contract administrator upon such terms and conditions as the city franchise contract administrator deems appropriate in the public interest. Any written permission is subject to the limitation that the permittee shall defend, indemnify, and hold harmless the city and its officers and employees from any liability resulting from the placement or maintenance of the bin, or the granting of the permission. As a condition of granting permission, the city franchise contract administrator shall require the permittee to provide appropriate insurance.

(Ord. No. 22-OR0061-1, § 30, 1-26-22)

Any container or bin that does not conform with the provisions of this article may be summarily abated as a public nuisance by the city or an authorized collector. Such summary abatement shall occur only after a tag giving notice of the non-complying nature of the container has been placed on it and the container has thereafter been used a second time for disposal, recycling, composting, or diversion of discarded materials.

(Ord. No. 22-OR0061-1, § 31, 1-26-22)

(a) The city shall not be liable for the repair or replacement of any containers damaged during the collection of discarded material. An authorized collector shall be responsible for replacing damaged containers, and new containers placed into service shall comply with the requirements as listed in section 13.27 of this Code.

(b) No person shall put out for collection severely damaged containers or containers with jagged or sharp edges.

(Ord. No. 22-OR0061-1, § 32, 1-26-22)

(a) Authorized collectors providing discarded materials collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of its franchise, contract, or permit with the city to collect discarded materials:

(1) Through written notice to the city annually, identify the facilities to which they will transport discarded materials.

(2) Transport source separated recyclable materials to a facility that recovers those materials, transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

(3) Obtain approval from the city to haul organic waste.

(4) Authorized collectors shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise, contract, or permit entered into with city.

(b) Requirements for facility operators.

(1) Owners of facilities, operations, and activities located in the city's boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

(2) Owners of facilities, operations, and activities located in the city's boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city all reports they are required to report to CalRecycle, or other reports required by the city manager or designee, on a monthly basis, including at minimum those required by AB 901 and SB 1383.

(c) Requirements for landscapers and those providing landscaping services:

(1) Landscapers and landscape service providers shall source separate yard trimmings and transport, or arrange for transport to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Landscapers and landscape service providers shall obtain a written guarantee from the facility, operation, activity, or property that recovers organic waste that sufficient capacity will be available to the landscaper or landscape service provider for the duration of any contracts or agreements signed between the generator and landscaper or landscape service provider.

(2) Landscapers and landscape service providers shall keep the following records for no less than a period of five (5) years and make them available to the franchise contract administrator or their designee upon request:

a. Delivery receipts and weight tickets from the entity accepting the organic materials.

b. The amount of material in cubic yards or tons transported by the generator or responsible party to each entity.

c. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and solid waste.

d. Signed agreements between the landscaper or landscaper service provider and the premise for which they are providing services stating their responsibility to provide services in accordance with this chapter.

(Ord. No. 22-OR0061-1, § 33, 1-26-2022)

Any person desiring to receive different, additional, or more frequent discarded materials collection service than would ordinarily be provided under this article, may do so through the city or an authorized collector on such terms and conditions as may be established by the city for such special services and at rates set in accordance with section 13.21 of this Code.

(Ord. No. 22-OR0061-1, § 34, 1-26-2022)

It is unlawful for any person to permit the accumulation of discarded materials to become or remain offensive, unsightly, unsafe to public health or a fire hazard after such person has been given a written notice of violation in accordance with chapter 1 of this Code from any city employee authorized to enforce the provisions of this Code.

Such written notice may be given by personal delivery, posting on the property, or by first class mail. If notice is given by mail, it shall be deemed to have been received on the third (3rd) day after the date of mailing. If notice is posted on the property, it shall be deemed to have been received on the day of posting. Each and every day during any portion of which a violation of this section is committed, continued or permitted shall constitute a separate offense.

(Ord. No. 22-OR0061-1, § 35, 1-26-2022)

By reason of the fact that there are within the corporate limits of the city large areas of land which are sparsely inhabited, the city manager is hereby authorized to make a determination whether service is to be provided to such areas. The city manager shall take into account the distances to be traveled, the number of persons to be served, and the frequency of service.

(Ord. No. 22-OR0061-1, § 36, 1-26-2022)

New and substantially remodeled commercial, industrial, single-family, and multifamily premises shall be designed to include space for storage and collection of solid waste, recyclable materials, organic materials, and/or food waste and food-soiled paper on the premises in accordance with applicable law. This section shall be implemented by the planning director, city engineer, and building director during the processing of building and land development permits required under the provisions of this Code or the Oceanside Zoning or Subdivision Ordinances.

(Ord. No. 22-OR0061-1, § 37, 1-26-2022)

The city franchise contract administrator may from time to time issue written directives or regulations to implement the provisions of this article.

(Ord. No. 22-OR0061-1, § 38, 1-26-2022)