Chapter 7.16 — RUBBISH COLLECTION AND DISPOSAL

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State Law reference— Authority of city to acquire garbage disposal sites, Government Code § 38790; city collecting garbage fees may also collect delinquent fees or charges, Government Code § 38790.1; power of city to contract for collection and disposal of garbage and refuse, Public Resources Code § 49300.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means an employee of the city or any person with whom the city may contract to collect and dispose of refuse.

Place of business means a hotel, motel, office or office building, shop, store, hospital, commercial or industrial establishment, apartment house, church, or trailer park.

Refuse means solid municipal waste.

Solid municipal waste means the usual and customary types of household and commercial garbage, trash and refuse such as wastes from the preparation and cooking of foods, waste food, waste cloth, containers such as bottles, cans, cartons, and materials such as wood, plastic, rubber and metal, grass and plant trimmings and other waste that is customarily deposited for collection and disposal. The following materials shall not be considered solid municipal waste: waste consisting primarily of earth and earth materials, liquid wastes, special wastes, such as chemicals, oils or materials of any poisonous, hazardous or explosive nature, ashes, dirt and stones.

(Code 1972, § 7.16.010; Ord. No. 656, § 1(part), 1986)

No person shall accumulate upon any premises owned, controlled or occupied by him in the city, any rubbish, animal or vegetable matter, slop or other waste which is, or which is liable to become, putrid or offensive, or which is, or which is liable to become, a fire or health hazard. All persons shall cause any such accumulation to be promptly handled, treated and disposed of in accordance with this chapter.

(Code 1972, § 7.16.020; Ord. No. 656, § 1(part), 1986)

No person shall place or deposit any garbage, rubbish, brush, ashes, waste construction materials or solid municipal waste materials of any kind into or upon any public street, avenue, alley or other public place in the city, or in or upon any vacant premises, except in the manner permitted by this chapter.

(Code 1972, § 7.16.030; Ord. No. 656, § 1(part), 1986)

Any condition permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and at the discretion of the public works director may be picked up and the customer billed accordingly.

(Code 1972, § 7.16.040; Ord. No. 656, § 1(part), 1986)

(a)

All garbage, rubbish and other solid municipal waste accumulated in the city shall be collected and disposed of by the city or the city's contractor, provided that no building materials, dirt or rocks shall be collected by the city or contractor except upon the issuance of a special permit by the director of public works.

(b)

The city shall collect garbage, rubbish and other solid municipal waste from each residence, dwelling and other place of business, and the owners, occupiers or persons or entities residing in or using such residence, dwelling, or place of business shall pay for such service at the rates approved by the city.

(c)

Every person who owns or occupies any developed real property within the city shall make appropriate arrangements for regular refuse collection services. An occupant of property shall be deemed to have complied with this subsection if the owner of the property has caused such appropriate arrangements to be made upon all portions of the property occupied by such occupant. No person shall occupy or inhabit any property within the city for which appropriate arrangements have not been made for regular refuse collection service.

(d)

Charges and fees.

(1)

Monthly charges and rules and regulations for disposal service and collection, including nonresidential collection, shall be fixed from time to time by resolution of the city council. Monthly charges established by ordinance of the city council shall be a civil debt owing to the city by the owner and any occupant or user of the premises receiving service.

(e)

Notwithstanding the foregoing provisions of this section relating to persons liable for payment for refuse collection services, the city may cause the collection of fees or charges for such services, from the owner of property served, by means of collection on the county assessor's tax roll in the manner prescribed by law.

(Code 1972, § 7.16.050; Ord. No. 1002, § 1, 1995; Ord. No. 656, § 1(part), 1986; Ord. No. 1455, § 2, 5-13- 2025)

A monthly charge for rubbish collection, transfer and disposal services is levied upon each occupied household and business establishment, in accordance with the rates set forth by resolution of the city council.

(Code 1972, § 7.16.055; Ord. No. 1002, § 2, 1995; Ord. No. 1035, § 1, 1996; Ord. No. 1455, § 3, 5-13-2025)

(a)

The city council may, on behalf of the city, contract for the performance of all or any part of the city's refuse collection services, provided that the terms of such contract shall be consistent with this chapter.

(b)

Such contract shall provide that the contractor collect and dispose of garbage, rubbish and other solid municipal waste in the city in the manner provided for in this chapter, and that such contractor shall deliver the same to such place as the city council may from time to time designate.

(c)

The contractor shall be required to furnish a surety bond to the city in the sum of $10,000.00, conditioned upon the faithful performance of the contract and the provisions of this chapter to collect all garbage, rubbish and other solid municipal waste in the city and transport the same through the city streets and public ways.

(d)

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

(Code 1972, § 7.16.060; Ord. No. 656, § 1(part), 1986)

The city shall provide for the collection and removal of refuse and other solid municipal waste from each residential dwelling, commercial and industrial business.

(Code 1972, § 7.16.070; Ord. No. 656, § 1(part), 1986)

(a)

In addition to general monthly charges for refuse collection, the following monthly charges shall be added to the city utility bills sent to the owner or occupants of premises benefiting from the city's solid waste management program:

(1)

Single-family residences, mobilehomes, apartment, condominium, townhouse, bungalow courts and multiple residences per dwelling unit, commercial and industrial customers using individual receptacles shall be charged $0.50 per month;

(2)

Commercial, industrial and multiple residences using a two-yard bin shall be charged one dollar per month;

(3)

Commercial, industrial and multiple residences using a three-yard bin shall be charged $2.00 per month.

(b)

Any delinquency in payment may result in termination of such benefits.

(c)

The solid waste management program charges may be adjusted and changed by the city council by resolution when appropriate.

(Code 1972, § 7.16.071; Ord. No. 876, §§ 1, 2, 1991)

(a)

Joint and several liability. The property owner of any premises receiving solid waste collection, recycling and/or disposal service pursuant to this chapter and the account holder for such premises (if a tenant or otherwise different from the property owner) are jointly and severally liable for all fees and charges for such service provided to the premises.

(b)

Delinquencies—Residential customers. An account holder for a residential service who has not remitted required payment for solid waste collection, recycling and/or disposal service within 90 calendar days after the date of billing shall be notified by the city or the city's contractor servicing the premises on forms that contain a statement that if payment is not received within 15 calendar days from the date of the notice, a ten percent penalty, 1.5 percent monthly interest and administrative charges will begin to accrue. If a contactor of the city is providing the statement, it shall inform the city of the delinquency in an annual report. The contractor will deliver a report of all delinquencies by June 1 of each year with a request that the city place the delinquencies on the property tax roll.

Pursuant to Sections 38790.1 and 25831 of the Government Code and Health & Safety Code Section 5473(a), the city shall collect delinquent fees or charges for residential solid waste collection, recycling and/or disposal services on the property tax roll for the premises. The city shall adhere to the following procedures:

(1)

City will fix a time, date, and place for a public hearing to consider the annual report of delinquencies. The city, or its contractor, shall mail notice of the hearing to the property owner of every premises listed on the annual report not less than ten calendar days prior to the date of the public hearing. At the public hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent fees or charges. The city council may make revisions or corrections to the annual report as it deems just, after which, by council resolution, the annual report may be confirmed.

(2)

The delinquent fees and charges set forth in the confirmed annual report shall constitute special assessments against the premises listed in the annual report and are a lien on the premises for the amount of the delinquent fees and charges. A certified copy of the confirmed annual report shall be filed with the Riverside County Auditor for the amounts of the respective assessments against the respective premises as they appear on the current assessment roll. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the Riverside County Recorder. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.

(3)

If city is using a contractor to provide solid waste collection, recycling and/or disposal services, city shall remit to its contractor any amounts collected pursuant to this process within 15 calendar days of receipt from the Riverside County Assessor along with a paid parcel list report. The contractor shall notify city in the event any delinquency on the confirmed annual report for which a lien has been created is paid or otherwise resolved along with a paid parcel list report.

(c)

Delinquencies—Non-residential customers. City, or its contractor, may discontinue solid waste collection, recycling and/or disposal service to commercial and bin service customers, if the account holder of said premises has not remitted required payment of applicable fees and charges within 30 calendar days after the date of billing. If city, or its contractor, terminates service to any non-paying premises, city, or its contractor, may require as a condition precedent to re-establishment of such service, that the property owner of the premises and the account holder must comply fully with all of the billing policies and practices of city, or its contractor; including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to city, or its contractor, and payment of a reinstatement fee. Delinquent accounts for commercial establishments, industrial operations, or any other non-residential premises shall be charged a 1.5 percent monthly late fee on the delinquent balance. If city is using a contractor, and the contractor discontinues service for non-payment, the contractor shall, upon written city request, give written notice to the city manager of any discontinuance of service for nonpayment, giving the name and address of the account holders.

(Code 1972, § 7.16.080; Ord. No. 656, § 1(part), 1986; Ord. No. 1404, § 2, 7-27-2021)

Notwithstanding the provisions of this chapter, the city may discontinue the collection and disposal of any of the types of garbage, refuse and other solid municipal wastes referred to in this chapter.

(Code 1972, § 7.16.090; Ord. No. 656, § 1(part), 1986)

Every owner, manager or person in possession or control of any residential dwelling, duplex or place of business within the city shall provide, and at all times keep, portable receptacles for holding refuse. Each receptacle shall be constructed of galvanized metal, plastic or other suitable material approved by the director of public works, constructed to contain not more than 35 gallons of refuse, and shall not exceed a maximum weight of 60 pounds when full. Each receptacle shall have adequate handles on the outside thereof and a tight-fitting cover. No receptacle shall have a sharp edge along the rim thereof. In lieu of galvanized metal or plastic receptacles, plastic bags designed to handle refuse and of a thickness not less than 1.5 mils may be used. Such plastic bags shall be tied closed and shall not exceed 35 pounds in weight when full.

(Code 1972, § 7.16.100; Ord. No. 656, § 1(part), 1986)

No person shall keep or accumulate upon any premises owned, controlled or occupied by him in the city, any refuse unless the same shall be enclosed in a refuse receptacle as provided for in section 7.16.100. No refuse shall be kept on such premises, whether in a receptacle or not, for a period of more than one week.

(Code 1972, § 7.16.110; Ord. No. 656, § 1(part), 1986)

No person shall place for collection or mingle any ashes, dirt or stones with any refuse.

(Code 1972, § 7.16.120; Ord. No. 656, § 1(part), 1986)

Each refuse receptacle shall be kept on the premises of the person providing such receptacle, except that on the day designated for collection and prior to the time for collection, the receptacle shall be placed in the alley adjacent to the premises. If no such alley exists, receptacles shall be placed earlier than 12 hours prior to the time such collection is scheduled to commence. Each owner or occupant of the premises served shall be limited to a maximum of six refuse receptacles per collection.

(Code 1972, § 7.16.130; Ord. No. 656, § 1(part), 1986)

Every person placing a refuse receptacle in or upon any curb or alley for collection shall remove such receptacle from such curb or alley within 24 hours after collection of the refuse by the city.

(Code 1972, § 7.16.140; Ord. No. 656, § 1(part), 1986)

(a)

Whenever any refuse receptacle has been placed for collection, it is unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort or take any refuse or part thereof from such receptacle except the city or contractor in the performance of its regular collection service.

(b)

It shall further be unlawful for any person, other than the authorized user thereof, to deposit refuse or waste material in any refuse receptacle without the express written permission of the authorized user thereof, except in the case of refuse receptacles clearly marked for the deposit of rubbish or waste material by the public.

(Code 1972, § 7.16.150; Ord. No. 656, § 1(part), 1986)

Yard trimmings and any other refuse not susceptible to placement in a receptacle, as required by this chapter, may be placed for collection in the same manner and in the same place as designated for such receptacles, provided that such yard trimmings and refuse shall be securely tied in bundles not heavier than 50 pounds and shall not exceed four feet in length and two feet in diameter. The maximum size of any bundled piece of refuse shall not exceed four inches in diameter.

(Code 1972, § 7.16.160; Ord. No. 656, § 1(part), 1986)

Every commercial or industrial waste collector who owns, rents or controls any receptacle used for the storage of garbage, industrial waste or refuse shall:

(1)

Place and maintain on the outside of each receptacle or bin the waste collector's name and telephone number in legible letters and numerals not less than one inch in height; and

(2)

At all times keep in good repair and maintain in a clean and sanitary condition such receptacle to the satisfaction of the city.

(3)

The public works director may require the occupant to have a refuse container and determine how often they will be emptied.

(Code 1972, § 7.16.170; Ord. No. 656, § 1(part), 1986)

Receptacles for the collection of refuse and other solid municipal waste shall be made available on each construction site and kept in place until construction is completed. Each receptacle shall be constructed of solid wood, metal or wire mesh, and shall be three cubic yards in capacity. Wire mesh containers shall be framed for adequate support and the floor and cover of such receptacles shall be properly framed to withstand design loads to prevent breakage. All receptacle lids shall be hinged and provided with latching devices adequate to prevent covers from being blown open, and each receptacle shall be adequately anchored to prevent overturning. Covers or lids shall remain closed at all times while the receptacle is not in use. Construction being performed simultaneously on an adjoining lot by one owner or contractor may be serviced by a single receptacle, provided that in no event shall a single receptacle be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate receptacles are required for each site. No receptacle shall be located on or within any public right-of-way.

(Code 1972, § 7.16.180; Ord. No. 656, § 1(part), 1986)

In all cases where the director of public works shall find that practical difficulty exists in complying with the requirements of this chapter as to the placing of refuse for collection by the city or contractor, the director of public works shall designate where the same shall be placed or kept for collection, and the conditions under which it shall be collected.

(Code 1972, § 7.16.190; Ord. No. 656, § 1(part), 1986)

Burning of any refuse, garbage or solid municipal waste in the city is prohibited, except for burning by the fire department or with a special permit issued by the city.

(Code 1972, § 7.16.200; Ord. No. 656, § 1(part), 1986)

Each violation of this chapter shall be a separate offense, punishable as a misdemeanor by a maximum fine of $1,000.00, or imprisonment in the county jail for a maximum of six months, or both.

(Code 1972, § 7.16.210; Ord. No. 656, § 1(part), 1986)