Orland Municipal Code Ch. 8.12 Garbage Collection and Disposal

When used in this chapter the following words and terms shall have the following meanings:

"Contract agent" means and includes an agent or employee of the city, or any person, firm, corporation or association, or the agents or employees thereof with whom the city shall have duly contracted to collect, transport through the streets, alleys or public ways of the city, and dispose of refuse, garbage, wet garbage and rubbish produced within the limits of the city.

"Garbage" means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, ashes, and all refuse, save and excepting as defined in this section as rubbish or wet garbage.

"Refuse" means and includes all matter and materials which are rejected by owners or producers thereof as offensive or useless, and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community by increasing disease or hazard by fire.

"Rubbish" means and includes all combustible and noncombustible waste and refuse matter, excepting garbage, ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, cut in length not to exceed three feet, grass cuttings, dead plants and weeds, and leaves but shall not include brick, mortar, or other debris incident to the construction of buildings.

"Wet garbage" means all clean garbage, suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs and all other like eating places in the city, and from butchershops and dealers in fresh vegetables, and shall consist of and include only kitchen and table refuse, offal and swill, and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation or consumption, decay, or dealing in, or storage of meats, fish, fowl, birds, fruits or vegetables. Provided, however, that this definition is not intended to nor does it include the by-products of butchershops where such by-products have a commercial value and are not decomposed nor offensive, and where such by-products have not been rejected by the owners or producers thereof as offensive or useless.

(Prior code § 6113)

It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any rubbish or refuse, as such terms are defined in this chapter (except brick, brickbats, cement, plaster, stones and gravel, and these only under a building permit), in or upon any vacant lot, or in any backyard, or in or upon any street, alley gutter, highway, park or other public place, in the city; or to deposit, or place or keep any rubbish or waste matter except in the manner prescribed in this chapter.

(Prior code § 6107)

It is unlawful for any person or persons to bury garbage at any place within the city at a point which is closer than two hundred fifty (250) feet to a residence.

(Prior code § 6109)

It is unlawful for any owner of real property or tenant thereon to keep, accumulate or permit to be accumulated, any garbage upon any lot or parcel of land, or on any public or private lane, place, street, alley or drive unless the same shall be in a standard commercial container supplied by contracting garbage service or in plastic or galvanized metal receptacles provided with handles. Such receptacles shall have a capacity of not less than fifteen (15) nor more than thirty (30) gallons and such receptacles shall have close-fitting metal or plastic lids or covers which shall be kept closed at all times except when necessary to permit garbage to be taken therefrom or deposited therein.

(Prior code § 6100)

All customers of contract agent using receptacles (not commercial containers) shall place those containers by the curbside in front of their residence or place of business, as the case shall be, for pickup by the city or contract agent at the dates and times designated by the city or contract agent. The containers shall not be kept or permitted to remain at curbside except on the date of a scheduled pickup and the night before such date.

(Prior code § 6114)

It is unlawful for any person other than the city, or such garbage collectors as may be designated by the city under contract therefor or license, or its or his agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys or public thoroughfares of the city, any garbage, wet garbage, refuse or rubbish or other matters offensive to the sight, or to collect or dispose of the same.

(Prior code § 6106)

It is unlawful for any person in any manner to interfere with the collection and disposal of refuse, garbage or rubbish by any person not authorized by license or contract to collect and dispose of same.

(Prior code § 6112 (part))

A. Refuse and Rubbish of Residents. Any resident of the city may dispose of, transport, carry or convey through the streets, alleys or public thoroughfares of the city refuse or rubbish property owned by or in the possession of such resident in a vehicle owned by or in the possession of such resident and to deposit such refuse and rubbish in a state of California licensed and approved landfill.

B. Wet Garbage from Business Houses, Hotels, Restaurants and Hospitals. Any business house, hotel, restaurant, hospital or other business establishment may contract or make independent arrangements with any person, other than a contract agent of the city, for the collection, transportation and disposal of wet garbage accumulated from the ordinary business operations of such business house, hotel, restaurant or hospital in which event, such business house, hotel, restaurant or hospital shall be exempt from the payment of the rates prescribed in this chapter as the same may be applicable to wet garbage, provided that the such business house, hotel, restaurant or hospital shall otherwise be subject to and shall comply with all other pertinent and applicable provisions of this chapter. Any person so contracting or arranging for the collection and disposal of wet garbage from any business house, hotel, restaurant or hospital may transport the same upon the streets, alleys or public thoroughfares of the city providing that such person otherwise complies with all of the provisions of Section 8.12.090.

(Ord. 96-11 §§ 15, 16; prior code § 6111)

A. Garbage and Rubbish Transportation. No garbage or rubbish shall be removed and carried on and along the streets and alleys of the city except that the same be carried, conveyed or hauled in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon such streets and alleys. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown on the streets, alleys and adjacent lands.

B. Wet Garbage Transportation. No wet garbage shall be removed or carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers so that the garbage shall not be offensive and every such container shall be kept clean and the garbage shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement.

(Prior code § 6101)

At such time as there is in force a contract entered into by the city with any person for the collection of garbage in the city, it is unlawful for any person, other than the persons in the employ of the contractor having such contract, to collect or transport any garbage within the city. Any person producing wet garbage as defined in this chapter shall place all such wet garbage in suitable containers apart from his dry garbage. It is unlawful for any such person to sell or dispose of such wet garbage and all of it must be delivered to the city, its agents or contractors, for removal and disposal.

(Prior code § 6103)

A. For the collection and disposal of refuse, garbage, wet garbage and rubbish, a contract for a period not to exceed ten (10) years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.

B. Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, wet garbage and rubbish in the city in the manner in this chapter provided, and shall not charge any amounts in excess of the rates specified in this chapter. The contractor shall be required to furnish a cash or surety bond to the city in the sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contractor shall have the sole and exclusive right, except as in this chapter otherwise provided, to collect all refuse, garbage, wet garbage and rubbish in the city and transport the same through the streets and public ways of the city.

C. Such contract shall also require that the contractor procure for the period covered by the proposed contract, full compensation insurance with an "industrial carrier," as defined by and in accordance with the provisions of those certain statutes enacted by the legislature of the state of California, known as the "Workman's Compensation Act" approved May 26, 1913, and as subsequently amended.

D. Such contract shall also require that the contractor carry public liability insurance to the extent of fifty thousand dollars ($50,000.00) for the death or injury of one person; one hundred thousand dollars ($100,000.00) for the death or injury of more than one person, and property damage insurance to the extent of five thousand dollars ($5,000.00) upon each of the trucks or other vehicles used by him in carrying out the work called for in the contract; such insurance to cover both the city and the refuse collector.

E. The city council by resolution shall have the power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.

F. The contractor shall not be obligated to make any collections from any person who has not paid the charges in the amounts and at the times specified by the city.

(Ord. 96-11 § 1; prior code § 6104)

Any person from whom garbage, wet garbage, rubbish or refuse is collected under the provisions of this chapter, shall pay to the city, or to the contract agent, at such place and in such manner as may be designated by the city fees for collection services. Fees for collection services shall be established by resolution of the city council.

(Prior code § 6105)

A. Use of the City's Franchise Collection/Hauler Service is Required.

1. The periodic collection of garbage, recyclable items and other solid waste materials from improved properties in the city benefits occupants of places and premises in the city, and promotes and protects the health, safety and welfare of all residents of the city. Therefore, collection services provided by the city's franchise collector/hauler are required for all owners of improved property within the city in or from which solid waste is created, accumulated or produced.

2. Solid waste must be regulated to the extent necessary to protect the health, safety, and welfare of the public, to conserve disposal capacity, to meet state laws and to ensure cost effective public service. To this end, the city council finds that to give practical effect to this policy, a universal collection ordinance to regulate the collection of waste, and a comprehensive system for the storage, collection, removal, transport, recovery of marketable and recyclable materials, and disposal of solid waste in the city is essential.

B. Applicability.

1. Solid waste collection service is required for garbage, recyclable items and other solid waste materials generated on all occupied properties within the city, as identified in this section.

2. No provision herein contained shall be construed to conflict with any provision of the Integrated Waste Management Act, the Medical Waste Management Act, or any other state or federal law. In the event such a conflict exists, or shall exist in the future, state or federal law shall be controlling. This section is not intended, nor shall it apply to transfer stations or other solid waste disposal facilities.

C. Subscription to Collection Service. The property owner of each occupied premises shall assume responsibility for subscribing to collection service within seven days of either written notification from the city or occupancy of the premises, whichever is sooner

D. Property Owner Responsible for Securing Collection Service. The owner of any improved property in or from which solid waste and recyclable materials is created, accumulated or produced is responsible for subscribing to the collection service to be rendered to such property by the city's franchised collection service. It is the property owner's responsibility, not the tenant's, to secure and maintain collection services.

E. Payments on Behalf of Owner Permitted. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for collection service are made by a tenant or tenants, or any agent on behalf of the owner. However any such arrangement will not affect the owner's obligation to the city or to the franchise collector/hauler for payment for such service.

F. Initial Notification of Required Collection Service. Within 90 days of adoption of an ordinance by the city requiring curbside collection service, the city shall notify by mail all affected property owners of the ordinance and the requirement for such property owners to subscribe to the collection service. This mailing list will then be provided to the city's franchise collector/hauler to monitor service subscriptions. Upon completion of the notification process, the city's franchise collector/hauler will deliver the appropriate service bins/carts to each property. The city will also attempt to notify landlords and property managers.

G. Written Notice Required for Non-Use. The city's franchise collector/hauler shall give written notice to the city manager or designated representative of the address of any occupied premises within the city which is not subscribing to the collection and disposal service provided by the collection service franchised by the city.

H. Failure to Subscribe.

1. If the city manager has reason to believe that any property owner required to subscribe for service has failed to subscribe or failed to maintain a subscription for service, the city manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten days after the date of the notice.

2. Any such notice shall state that if the person to whom it is directed fails within the ten-day period to subscribe for such collection service, or fails to appear and show sufficient cause why such person should not be required to subscribe, the city manager may authorize such service and the charges therefore will be assessed against the real property upon which the premises served are located.

3. After notice and a public hearing, confirmed unpaid delinquent accounts shall constitute a lien on the property. The lien shall continue until the amount of the charges and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid in full or until it is discharged of record.

4. Alternatively or in addition, the confirmed amount may be made a personal obligation of the property owner of record. Alternatively, or in addition, the confirmed amount may be specially assessed against the real property involved, and collected at the same time and in the same manner as ordinary real property taxes.

I. Exemptions.

1. Property owned by federal, state or local governments shall be exempt from the requirements of this section.

(Ord. No. 2014-10)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or police department to constitute a health menace of such nature as necessary to be ordered by either of such officers to be promptly removed.

(Prior code § 6110)

A. The chief of police and the city health officer are specifically required to enforce the provisions of this chapter, including the right of entry on any or all properties for the purpose of determining whether or not the provisions of this chapter are being conformed with and it is unlawful for any person to deny or obstruct such entry.

B. Any owner or tenant of real property may be cited for a violation of this chapter.

(Prior code § 6112 (part))