Pismo Beach Municipal Code Ch. 8.12 Garbage

Words used in this chapter are defined as provided in this section:

"City disposal site" means and refers to that certain tract of land which the contract agent shall furnish and use as a place of depositing garbage, rubbish and rubble.

"Contract agent" means an agent or employee of the city, or any person with whom the city shall have duly contracted under the terms set out in this chapter, with amendments thereto, to collect, transport through the streets, alleys or public ways of the city, and dispose of refuse, garbage, rubbish and other solid waste produced within the limits of the city.

"Garbage" means 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 vegetable. It shall also include crockery, bottles, tin vessels, fireplace ashes, and all or any refuse, save and excepting as herein defined as rubbish or rubble.

"Incinerators" means fireproof receptacles approved by the director of public works or fire chief, and used for disposing of combustible rubbish on private premises.

"Refuse" means garbage, rubbish or both.

"Refuse collector," as used in this chapter, includes the same as defined for the term "contract agent."

"Rubbish" means all combustible and noncombustible waste matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, but shall not include rubble.

"Rubble" means all debris from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, brick mortar, concrete and similar solid material.

"Solid waste" means all waste substances including garbage as well as combustible and noncombustible wastes. (Prior code § 8.12.010)

No person shall deposit, keep, accumulate or permit any rubbish, rubble, garbage or other solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as provided in this chapter. (Prior code § 8.12.020)

No person shall keep, accumulate or permit to be kept accumulated any garbage upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or plastic receptacles provided with handles; the receptacles shall have a capacity of not less than five gallons and not to exceed sixty gallons, receptacles to be provided with close-fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein, and shall be kept in a clean, neat, sanitary condition at all times. Each receptacle, including its cover, shall upon the outside be kept clean from accumulating grease or decomposing material. (Prior code § 8.12.030)

No person shall keep or accumulate any rubbish or other solid waste unless the same be kept in a suitable box or boxes, barrels or other suitable receptacles to be kept on each of the premises, sufficient to hold the rubbish which would ordinarily accumulate on such premises. (Prior code § 8.12.040)

A. Each garbage vessel, tank, or receptacle, and each rubbish container provided by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boarding house, cafe, cafeteria, and other like eating places, apartment houses, and of butcher shops and green vegetable stores, and every person occupying a dwelling or flat within the city, shall be kept or placed in the manner following during the time for collection:

1. Where there is an alley, other than a blind alley, in the rear of the premises, such vessel, tank, receptacle or rubbish container shall be placed on the premises within five feet of the rear property line.

2. Where there is no alley, such vessel, tank, receptacle, or rubbish container shall be placed on the premises within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boarding house, and other like eating places, apartment houses, dwelling or flat, from which garbage or rubbish is accumulated.

B. Containers which do not comply with the requirements as stipulated in this section, or which deteriorate to the point where they do not comply will be tagged by the contract agent and, if not replaced by the next regular collection day, will be considered as rubbish and removed by the agent in the same manner as any other rubbish. (Prior code § 8.12.050)

No solid waste 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 dust-proof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (Prior code § 8.12.060)

No wet garbage shall be removed and carried on or along any street or alley of the city except the same be transported in water-tight 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, drop or spill to or on the ground, sidewalk or pavement. (Prior code § 8.12.070)

All garbage or refuse of any kind, shall be removed by the city, its agent, employees, or permittees or representatives, at least once every seven days, unless otherwise directed by the director of public works. (Prior code § 8.12.080)

It shall be the duty of any collector engaged in or conducting the business of collecting garbage or rubbish, by contract with the city or acting as its agent, permittee, or representative, under this chapter, when directed by the director of public works, to remove rubbish or garbage to which the attention of the collector may be directed by the director of public works, and where the garbage or rubbish is accumulated and thence removed, any and all the cost of said removal of garbage or rubbish shall be collected in accordance with the provisions of this chapter. (Prior code § 8.12.090)

A. Solid waste disposal service, subject to the limitations noted in this chapter will be provided by the city through its contract agent and it shall be mandatory for all places and premises in the city through its contract agent and it shall be mandatory for all places and premises in the city in or on which garbage or other solid waste is created, accumulated or produced to use the city's collection service; provided, however, that there may be joint or multiple use of solid waste containers, subject to conditions established by the city.

B. For the purposes of establishing liability and responsibility for the payment of the fees and charges hereinafter referred to, the party responsible for payment for garbage service is deemed to be the person who has heretofore applied or will hereafter apply for water service to each place or premise within the city and all the fees and charges hereinafter referred to shall be collected directly by the authorized contract agent of the city, unless otherwise provided for in a written agreement by and between the contract agent and the city.

C. When any party, by reason of special circumstances, is of the opinion that the mandatory disposal service provisions prescribed herein are unjust or inequitable as applied to a particular place and premise within the city, the applicant may make application to the city administrator stating the special circumstances, citing the provisions complained of, and requesting suspension or modification of such provision or charges as applied to his place and premises. The city administrator shall then forthwith cause an investigation of the conditions upon which said application is based, and may take evidence in regard thereto. If the city administrator finds that such provision or charges are unjust or inequitable as applied to the applicant's place and premises within the city, he may suspend or modify the provision or charge complained of as applied to such place and premises, to be effective as of a date specified and to continue during the period of the special circumstances so found. If the city administrator finds that there is no basis for equitable relief to and for the applicant as provided for herein, the applicant may appeal the city administrator's findings to the city council who shall consider such appeal at its earliest possible convenience. Upon the hearing of the appeal by the city council said council shall adjudicate the propriety of equitable relief to and for the applicant as provided for herein, with the decision of the city council thereon being conclusive and final. (Prior code § 8.12.110)

A curbside recycling program shall be conducted in the city on terms, conditions and circumstances as determined by the council and set forth by resolution. The contract agent shall provide upon request of any residential or commercial customer, or account, baskets or other suitable containers for the purpose of recycling glass, aluminum, plastics and newspaper (or other materials that may later be identified) as part of the program. Any recyclable material which is not biodegradable shall not be disposed of at a landfill in the county unless it can be deposited in a separate area where it can be removed later when the market for such material becomes economical. The contract agent will provide to the city, upon request for rate adjustments or contract review, independent audit and financial information including, but not limited to, annual financial reports, federal and state tax reports, ownership, titles of officers and directors with participation in salaries, bonuses and for stock, depreciation schedules for equipment and other assets reflecting the date of acquisition costs, scheduled period and method of depreciation. The contract agent will provide to the city, annually, statistical information regarding the type and quantity of recyclable material, its market and revenue from sales of recyclable materials and other necessary information to evaluate a cost effective source reduction recycling program. The contract agent's curbside recycling program shall satisfy the recycling element of Assembly Bill 939 (SHER). (Ord. 90-06 § 1, 1990: prior code § 8.12.100)

A. Unless otherwise authorized in a written agreement by and between the contract agent and the city, the authorized contract agent of the city may receive and collect from the occupant of such place and premises in the city, for services rendered in the collection of garbage, refuse and rubbish matter therefrom, fees and charges such as the council may from time to time provide by resolution and/or within the agreement with the authorized contract agent.

B. If the fees and charges provided for as above described for the removal of garbage, refuse and rubbish matter shall not be paid, the authorized contract agent of the city shall be under no obligation to collect any garbage, refuse or rubbish matter until the fees and charges are paid, but any firm, person or corporation refusing to pay such fees and charges, who shall neglect to remove the garbage, refuse and rubbish matter as in this chapter provided, shall be guilty of a misdemeanor as provided in Section 8.12.330. (Prior code § 8.12.120)

Every truck used in the collection and removal of garbage, or rubbish, shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number:

REFUSE SERVICE

San Luis Obispo, California

No._______ (Prior code § 8.12.130)

A. No waste matter, combustible material or refuse shall be burned in the open air within the city, except barbecue fires, and except burning either conducted by or authorized by the fire chief.

B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the city, whether in an incinerator or not except as noted above.

C. No garbage, wet garbage, refuse or rubbish shall be disposed of by burying the same underground, except that rubbish and refuse may be made use of for the filling of low areas within the city when it is properly leveled and covered with dirt and upon written permission of the director of public works. (Prior code § 8.12.140)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the director of public works to constitute a health menace of such nature as necessary to be ordered by either of said officers to be promptly removed. (Prior code § 8.12.150)

A. Nothing contained in this chapter shall be construed to prohibit any producer of refuse, garbage, or rubbish from personally hauling in producer's vehicle, through the streets of the city and disposing of same at the city disposal site, provided that such hauling and disposal shall at all times be subject to the approval of the director of public works.

B. The person in charge of any vehicle used to haul refuse, garbage or rubbish under the permission granted by the provisions of this section shall, on request from the custodian of or person in charge at the city disposal site, exhibit satisfactory evidence showing that such refuse, garbage, or rubbish accumulated in, and was hauled from, the city, and that the producer thereof is a resident of the city.

C. The permission granted by the provisions of this section shall not include the right to haul and dispose of dead animals, the refuse from the construction, demolition or alteration of buildings, old automobile bodies or frames, nor any refuse or rubbish originating in a commercial establishment where the quantity exceeds one cubic yard. (Prior code § 8.12.160)

No person, other than the contract agent, shall collect, remove or haul solid wastes including but not limited to refuse or rubbish over the streets of the city during such time as such contract agent has a contract with the city for the collection and disposal of the same; provided, however, that this section shall not apply to producer hauling as provided in Section 8.12.150, nor to persons who have a permit from the director of public works for emergency removal of the same. (Prior code § 8.12.170)

The director of public works shall have power to establish rules and regulations not inconsistent with this chapter governing the collection and disposal of refuse, garbage, wet garbage or rubbish, provided that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city. (Prior code § 8.12.180)

A. The director of public works and the police department are specifically required to enforce the provisions of this chapter, and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this chapter are being conformed with, and no person shall deny or obstruct such entry.

B. No person shall in any manner interfere with the collection or disposal of refuse, garbage or rubbish by any person authorized by license or contract to collect and dispose of the same. (Prior code § 8.12.190)

A. A contract, exclusive or nonexclusive, for the collection and disposal of solid waste may be granted by the city.

B. Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage and rubbish in the city in the manner in this chapter provided, and shall not charge any amounts in excess of the rates provided for in accordance with this chapter. The contractor shall be required to furnish a cash or surety bond to the city in the sum of fifty thousand dollars, 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, and rubbish in the city and transport the same through the streets and public ways of the city.

C. The contractor shall be required to dispose of all such refuse or garbage and rubbish at a disposal site known and designated as a city disposal site, which is to be provided for by the contractor, subject to the approval of the county health officer and State Board of Health.

D. Such contract shall also require that the contractor procure for the period covered by the proposed contract full workmen's compensation insurance with an industrial carrier as defined by and in accordance with the provisions of the Labor Code of the state.

E. Such a contract shall also require that said contractor carry public liability insurance to the extent of one hundred thousand dollars for the death or injury to one person, and two hundred thousand dollars for the death or injury of more than one person, and property damage insurance to the extent of twenty-five thousand dollars, upon each of the trucks or 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. A certificate showing that the contractor has such insurance in full force and effect, that the city is an additional named insured, and that the city will receive written notice at least ten days prior to cancellation of any part of such insurance, must be filed with the clerk of the city within ten days from the date of execution of said contract. (Ord. 97-04 § 1, 1997; Ord. 91-03 § 1, 1991: prior code § 8.12.200)

In all cases of disputes or complaints arising from or concerning the place where the garbage, wet garbage, and rubbish receptacles shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the city council or the director of public works, and such decision shall be final. (Prior code § 8.12.210)

No person shall dump, deposit, keep or accumulate any brick, mortar or debris incident to the construction of buildings or any other waste material which, if thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private place, street, lane, alley or drive, except the same shall be kept, deposited or allowed to accumulate temporarily during the period of actual construction on premises under construction or alteration. (Prior code § 8.12.220)

No person who is a local resident of the city shall utilize the public garbage, refuse and rubbish containers placed for the utilization of the general public on the beach areas and other public places within the city for the disposal of his own personal household garbage, refuse and rubbish. (Prior code § 8.12.230)

The owner or person in control of any private property shall, at all times, maintain the premises free of rubbish, garbage, refuse, mortar, debris or any other waste material, except pursuant to a permit approved by the director of public works for fill and compaction work, and provided that this section and Section 8.12.210 shall not prohibit the storage of such waste materials in private receptacles for collection. (Prior code § 8.12.240)

No person shall throw or deposit any hand bills or advertising matter in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge, to the receiver thereof, such hand bills or advertising matter to any occupant of a vehicle who is willing to accept it. (Prior code § 8.12.250)

Storage or parking of unlicensed vehicles or vehicles not in operating condition, for any period in excess of thirty days, is prohibited. The owner or person in control of any private property shall keep the premises free of any such parked or stored vehicles except where permitted under city zoning ordinance and pursuant to a valid city business license. (Prior code § 8.12.260)

The director of public works is authorized and empowered to notify the owner, his agent, or person in control of any private premises within the city, to dispose of waste matter prohibited by Sections 8.12.220 through 8.12.260. Such notice shall be given by posting the private premises and by certified mail addressed to said owner, his agent, or such other person at his last known address, or by personal service on the owner, agent, person in control, or occupant of said property. (Prior code § 8.12.270)

The notice shall describe the work to be done and shall state that if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the director of public works shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WASTE MATTER The owner of the property described as follows: _____________commonly known as _____________ is hereby ordered to properly dispose of the waste matter located on said property, to wit, ________________ within five (5) days from the date hereof. If the disposal of the waste matter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the director of public works of the city shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property as hereafter provided.

Estimated Cost of Disposal $ ______________ Dated _______________ ____________________ Director of Public Works City of Pismo Beach

(Prior code § 8.12.280)

The director of public works shall cause to be kept in his office a permanent record containing:

A. A description of each parcel of property for which notice to dispose of waste matter has been given;

B. The name of the owner, if known;

C. The date on which such notice was mailed and posted;

D. The charges incurred by the city in disposing of the waste matter, and all incidental expenses in connection therewith; and

E. A brief summary of the work performed.

Each such entry shall be made as soon as practicable after completion of such act. (Prior code § 8.12.290)

Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the waste matter within five days after notice has been given as provided in this chapter, or within ten days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the director of public works is authorized and empowered to pay for the disposal of such waste matter out of the city funds or to order its disposal by city forces. The director of public works and his authorized representatives, including any contractor with whom he contracts hereunder, and assistants, employees, or agents of such contractor, are authorized to enter upon said property for the purpose of disposing of the waste matter described in the notice. Before the director of public works arrives, any property owner may dispose of the waste matter at his own expense. (Prior code § 8.12.300)

When the city has effected the removal of such waste matter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, shall be charged to the owner of such property and the owner, or his agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien. (Prior code § 8.12.310)

Where the full amount due the city is not paid by such owner within thirty days after date of said billing by the director of public works, he shall cause to be recorded with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said waste disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of ten percent in the event the same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The city clerk shall record said lien. The remedy provided in this section shall not constitute an election of remedies by the city. (Prior code § 8.12.320)

Every person, firm or corporation, whether as principal, agent, employee or otherwise who shall violate any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Any violation of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed or continues. (Prior code § 8.12.330)