Division 3 — COLLECTION AND CHARGES

SEC. 19-175. EXCLUSIVE RIGHT TO COLLECT SOLID WASTE.

(A) The collection, removal and disposal of all solid waste, including solid waste generated by residential, commercial, agricultural, construction or demolition uses within the city, may be performed by the city or its authorized representatives. No other person may engage in the collection, removal and disposal of solid waste, except as provided in subsections (B) and (C) of this section.

(B) A person holding a city business license for the collection, removal and disposal of solid waste may collect construction and demolition debris from roll-off boxes and remove and dispose of such debris pursuant to sections 19-190 through 19-194.

(C) An owner or occupant may collect, remove and dispose of solid waste created by activities on the lot owned or occupied by such person, provided that such person uses his/her own resources to effect the collection, removal, and disposal, or contracts for such services only with the person who engaged in the activities that created the solid waste.

(D) Requirements for self-haulers, back-haulers, and third party haulers are as follows:

(1) Shall source separate all recyclable and recovered organic waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or haul the material to an

approved high diversion organic waste processing facility (14 CCR Section 18984.3).

(2) Self-haulers, back-haulers, and third party haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected to the

city if requested.

(3) Self-haulers, back-haulers and third party haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount

of recyclable and organic material delivered to each solid waste processing or transfer facility, operation, activity, or property that processes or recovers recyclable and/or organic material; this record shall be subject to inspection by the city.

(4) The records shall be made available to the city quarterly and include the following information:

(a) Delivery receipts and weight tickets from the entity accepting the waste.

(b) The amount of material in volume or weight transported by the generator to any approved 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 and organic materials.

(5) Third party haulers will, upon renewal of their city business license, respond to requests

By the city manager or a designated city enforcement official documenting the amount of recyclable or organic material transported on behalf of their client to an approved processing facility permitted to handle recyclable and/or organic material for processing, transport or transformation.

(Ord. No. 3007)

SEC. 19-176. EXTRA NONRESIDENTIAL SERVICE.

Any person desiring more than the minimum solid waste collection service may apply to the solid waste division for extra service and shall be charged the associated rate for that service.

(Ord. No. 3007)

SEC. 19-177. UNAUTHORIZED COLLECTION.

No person except authorized city officers and employees shall collect, remove, convey, or cause or permit to be removed, collected, or conveyed, any solid waste on or along any public right-of-way in the city. This section shall not apply to any person with whom the city has entered into a contract for the collection, removal, and disposal of solid waste, or to any person or business who holds a city business license for the collection, removal, and disposal of solid waste, or to any employee of such persons, while such contract or license is in force.

(Ord. No. 3007)

SEC. 19-178. INTERFERENCE WITH COLLECTION.

No person shall interfere with or obstruct the collection, transportation, disposal or processing of solid waste.

(Ord. No. 3007)

SEC. 19-179. INTERFERENCE WITH SOLID WASTE CONTAINERS.

No person other than the owner or occupant, or a person to whom the owner or occupant has given consent, or an officer or employee of the city, or a person or an employee thereof holding a contract with the city or a business license issued by the city for the collection, removal, and disposal of solid waste, shall interfere in any manner with any solid waste container or the contents thereof, or place materials within or remove the contents from any solid waste container.

(Ord. No. 3007)

SEC. 19-180. TRASH ENCLOSURE STANDARDS AND CALGREEN.

(A) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

(B) Project applicants shall refer to the city’s building and/or planning code for complete CALGreen requirements.

(C) For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

(1) Any new occupants of a commercial business, multi-tenant commercial property, and/or multi-family dwelling of five units or more, where existing buildings on

the site are identified for the storage and collection of recyclable and/or organic materials, consistent with the city’s three or two-container collection program, shall comply with a provision requiring adequate space for recycling and organics materials management pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New construction and/or alterations resulting in more than 30% of the floor space shall add, modify or expand existing trash enclosures for existing commercial,

transient residential (hotel/motel/spa), and for existing multi-family residential projects to ensure that the enclosure(s) is appropriately sized and adequately maintained so that access doors function and the structure does not fall into disrepair. Failure to comply may result in enforcement action.

(3) All commercial businesses and multi-family dwellings of five units or more shall:

(a) Comply with CALGreen requirements and applicable laws related to management of C&D, including the documentation of the diversion of recyclable and

organic waste in C&D from disposal.

(b) Comply with the city’s C&D written and published policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or

reporting of C&D materials.

(Ord. No. 3007)

SEC. 19-181. COLLECTION IN ANNEXED AREAS.

When the city annexes an area in which, for at least the immediately preceding three years, private solid waste collection service of at least the quality and frequency of service provided by the city has been provided by an operator holding a county franchise, license or permit, the operator may continue to provide such service to the existing service area for the period provided by Cal. Pub. Res. Code, Section 49520 after the city mails notice to the operator that after such a period the city will provide exclusive service to the area. The city and the operator may provide mutually satisfactory terms for the operator’s termination of service before such period expires.

(Ord. No. 3007)

SEC. 19-182. OCCUPANTS LIABLE FOR CHARGES; CHARGES TO BE BILLED TO WATER METER USER.

All occupants are liable for charges for solid waste collection services. In the case of premises containing more than one dwelling unit or place of business or both that are served by a single water meter, such charges may be billed to the landlord or water meter user, who shall collect such charges from the occupants thereof and transmit the amount so collected to the city. In the event the landlord or water meter user fails to collect such charges from any such occupant and remit the charges to the city, the landlord or water meter user shall be liable to the city for the payment of such charges.

(Ord. No. 3007)

SEC. 19-183. CHARGES ADDED TO UTILITY BILL; PAYMENT; ADJUSTMENT FOR HIGHER RATES.

Whenever possible, charges for the collection of solid waste and recyclable materials and related services shall be added to city utility bills. Such charges shall be for the period covered by the utility bills, and shall be payable at the same time and in the same manner as utility bills. Bills for a fractional part of a billing period may be prorated in a manner approved by the city manager. Whenever it is not possible to determine the total amount of such charges to be added to the utility bill, or if such charges must be billed separately, bills for such services may be rendered and payment of such charges may be made quarterly or monthly, in advance, as directed by the city manager.

(Ord. No. 3007)

SEC. 19-184 DELINQUENT BILL; AUTHORITY TO DISCONTINUE UTILITY SERVICE.

When a customer’s bill for the collection of solid waste, recyclable materials and related services at a service location becomes delinquent, and water is furnished to the customer through one or more services at the same or different locations, all such water services may be shut off. In addition, the city shall have the authority to discontinue water service or solid waste and recyclable materials service, or both, without notice for failure to comply with this article or the rules and regulations promulgated by the city manager pursuant to this article. The charges and procedures for resumption of water service shut off pursuant to this article shall be those found in chapter 22. As an additional remedy, an action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent charges; and if legal action is brought by the city or its assignee to enforce collection of any amount charged and due under this article, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its assignee, including reasonable attorneys’ fees.

(Ord. No. 3007)

SEC. 19-185. BILLING AND COLLECTION - DELINQUENT REFUSE BILL.

Should a customer fail to pay a fee or charge for refuse service, within one month after the billing date provided on the face of the bill, the city shall assess a penalty in an amount of 10% of the overdue balance.

(Ord. No. 3007)