Placerville Municipal Code Ch. 1A Solid Waste Regulations

(A) Pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000, et seq.), the legislature as mandated that local agencies make adequate provisions for solid waste handling within their jurisdictions.

(B) To protect the health, safety and welfare of the residents of the City of Placerville (City), it is in the public's best interest to establish exclusive franchises for the mandatory collection, disposal and processing of solid waste and recyclable materials.

(C) Pursuant to state law, the City is authorized to execute its powers for the purpose of the collection or disposal of garbage or refuse matter and may contract for the collection and disposal of garbage or refuse matter. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

The periodic collection of garbage, recyclable materials and other solid waste materials from improved properties in the City of Placerville benefits occupants of places and premises in the City of Placerville, and promotes and protects the health, safety and welfare of all residents of the City of Placerville. Therefore, collection services provided by the City of Placerville's Franchise Collector/Hauler are mandatory for all owners of improved property within the City of Placerville in or from which solid waste is created, accumulated or produced.

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 mandatory 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 Placerville is essential.

No person shall establish, operate or carry on the business of collecting, transporting or disposing of solid waste or recyclable materials within the City of Placerville unless a franchise agreement has been entered into between such person and the City of Placerville. The City Council shall determine at its sole option and discretion whether to enter into any new or renewed: franchise agreement with any person. The maximum number of franchises to be awarded by the City Council shall be one: franchise for the collection, transportation, recycling, composting and disposal and waste diversion of solid waste and recyclable materials within the City of Placerville. A franchise shall be granted only to persons who possess all permits and licenses necessary to provide solid waste collection services in El Dorado County and the City of Placerville. A franchise may be revoked according to the terms of the relevant franchise agreement. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Mandatory collection service is required for garbage, recyclable materials and other solid waste materials generated on all occupied properties within the City of Placerville, as identified in this chapter. As mandatory collection service is implemented and becomes available pursuant to the subscription guidelines of this chapter, the owner, tenant or occupant of every parcel with one or more businesses and/or residential buildings approved for occupancy and located within the City of Placerville shall subscribe to and thereafter use regularly the collection service franchised by the City of Placerville.

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 chapter is not intended, nor shall it apply to transfer stations or other solid waste disposal facilities. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Subscription to mandatory collection service shall not be required until the service becomes available to each affected property. The property owner and/or tenant of each occupied premises shall assume responsibility for subscribing to collection service within seven (7) days of either written notification from the City or occupancy of the premises, whichever is sooner. At the City's discretion, providing collection service to all properties may be implemented in phases with residential single-family and small residential multi-family properties to be implemented initially. Larger residential multi-family, commercial and other uses shall be implemented as programs become available and economically viable. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

The owner and/or tenant of any improved property in or from which solid waste and recyclable materials are 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 or tenant's responsibility to secure and maintain collection services. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Each owner, occupant or person in possession, charge or control of any collection premises located in the City is hereby made liable jointly and severally for the payment of the solid waste collection, procession and disposal fees levied against such premises for required solid waste collection, processing and disposal services, irrespective of the actual use of the service provided by the City or the Franchise Collector/Hauler. Services made available to those premises required to receive such service shall be considered as services utilized. It shall be the primary duty of the owner and/or tenant of such premises to provide for the payment of the services. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Nothing in this chapter 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 and/or tenants obligation to the City or to the Franchise Collector/Hauler for payment for such service. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Solid waste collection fees may be billed and paid in advance on a quarterly or bi-monthly basis. Payment shall be due upon receipt and shall become delinquent fifteen (15) days after the date of any billing. A finance charge and late payment penalty as permitted by law shall be added at the end of each month following the delinquency date. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

The City or the Franchise Collector/Hauler may discontinue service for any customer whose account remains unpaid for forty-five (45) days after the date of billing as long as the customer has received a notice on a form approved by the City Manager stating that service will be discontinued fifteen (15) days from the date of the notice if payment is not made by-that time. Upon payment of the delinquent fees, collection shall resume on the next regularly scheduled collection day. Fees shall be continued to be assessed and billed notwithstanding that service has been discontinued and notice of same shall be included in the form sent to the customer. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

Within ninety (90) days of adoption of an ordinance by the City of Placerville requiring mandatory collection service, the City shall notify by mail all affected property owners of the ordinance and the requirement for such property owners and/or tenants to subscribe to the collection service. This mailing list will then be provided to the City of Placerville's Franchise Collector/Hauler to monitor service subscriptions. Upon completion of the notification process, the City of Placerville'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. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

The City of Placerville's Franchise Collector/Hauler shall give written notice to the City Manager or designated representative of the address of any occupied premise within the City which is not subscribing to the collection and disposal service provided by the collection service franchised by the City. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

If the City Manager has reason to believe that any person 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 and/or the tenant so affected directing the owner and/or tenant to subscribe for such service within ten (10) days after the date of the notice.

Any such notice shall state that if the person to whom it is directed fails within the 10-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. If the tenant has the responsibility to subscribe and fails to do so, the City shall bill the party responsible and pursue collection through administrative hearings, small claims and other means.

After notice and a public hearing, unpaid delinquent accounts may be confirmed by the City Council, and the amount confirmed 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.

Alternatively, or in addition, the confirmed amount may be made a personal obligation of the property owner of record and/or tenant. 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.

The delinquent fees as confirmed by the City Council shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the County Auditor, on or before August 10th of each year, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinance County: 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 such taxes. All laws applicable to the levy, collection and enforcement of the City ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquency fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

(A) Appear and Show Cause for Exclusion. Any written notice sent to a property owner and/or tenant shall include an option to appear before the City Manager, or a designated representative, at a time specified within the notice, to show cause why such person should not be required to subscribe for the collection of garbage and recyclables. In addition, any property owner and/or tenant not receiving a notice may arrange to appear before the City Manager, or a designated representative, at a time specified, to show cause why such person should not be required to subscribe for the collection service. At the appearance, the City Manager may find excluded from the requirements of this chapter only those persons who show:

• 1. That they are not owners or tenants of the property mentioned; or
• 2. That the property is not within the Placerville city limits; or
• 3. That the property is vacant; or

4. That the residential unit or structure on the property is vacant or temporarily unoccupied for a period in excess of one (1) month; or

5. That unique parcel-specific conditions which compel the property owner, tenant or occupant to self-haul their garbage, recyclables and green waste to the Transfer Station. Such conditions may include properties with long, narrow or steep driveways where the Franchise Collector/Hauler, in the opinion of the City Manager, is unable to properly and safely use the Franchise Collector/Hauler's equipment, and granting such exclusion would not create a nuisance; or

6. That the owner or occupant legally recycles and/or composts virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal services by a collector.

(a) Declaration Required. All persons claiming this exclusion shall be asked to sign a Declaration or Affidavit, under penalty of perjury, once per year, stating that they legally recycle and/or compost virtually all their solid waste so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them.

Any exclusion granted by the City Manager is revocable for cause, as determined by the City Manager. Any exclusion granted by the City Manager can be made conditional, as needed to ensure continuing eligibility. Violations of any such conditions can result in the revocation of the exemption, and/or result in the assessment of penalties under Placerville Municipal Code Section 4A of Title 1. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

(A) The provisions of this article shall not apply to any of the residential units or commercial enterprises hereafter described:

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

2. A person or entity who contracts for landscaping or gardening work performed for the customer and incidental to such services removes and recycles or disposes of green or yard waste, provided that such removal and recycling or disposal are performed by the person removing and recycling or disposing of such green or yard waste, and not by a subcontractor or other third party.

3. A person or entity that has been given an exemption by the City from any mandatory collection ordinance that the City may adopt in the future.

4. A licensed contractor that generates construction and demolition debris in the course of his/her/its business activities and such contractor, or his/her/its full-time employees, and not a subcontractor or other third party, and self-hauls such construction and demolition debris (but excluding all other solid waste or recyclable materials) to an authorized and permitted (as may be required by federal, state or local regulatory agencies with jurisdiction over such activities) processing facility for purposes of material recovery. A licensed contractor shall not use any subcontractor or other third party other than Franchise Collection/Hauler to haul construction and demolition debris to an authorized and permitted materials recovery facility.

(B) Any person claiming an exemption pursuant to this section shall file a statement under oath or under penalty of perjury with the Franchise Collector/Hauler stating the facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the solid waste collection fees required by this article.

(C) The Franchise Collector/Hauler, after giving notice of not less than ten (10) days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

(A) All residential solid waste and recyclables must be placed in authorized receptacles or containers as provided in the Ordinance. Receptacles or containers for residential solid waste and recyclables shall be of a size and type approved by the City Manager. Receptacles for residential solid waste shall be placed at ground level, obscured from public view, and shall be placed on collection days in a manner suitable for collection, typically at curbside, but in no case shall they be placed in such a manner as to constitute a public hazard or nuisance. Receptacles shall be removed from curbside within forty- eight (48) hours after collection. Unless special arrangements are made to accommodate those customers unable to place their receptacles at curbside, no collection shall take place unless the waste is placed in front of the residence prior to collection time. Each customer receiving residential solid waste service shall be supplied with as many authorized receptacles as needed by the customer to handle the waste stream of the residence. Receptacles may consist of waste carts of varying sizes and capacities. Receptacles must be returned when no longer used or upon cancellation of service.

(B) No person shall deface, damage, paint or in any way mark any authorized receptacles. Customers may be charged for replacement of waste carts which have been damaged or lost due to the fault or neglect of the customer under appropriate circumstances. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

(A) Responsibility of Property Owner and/or Tenant. The owner of any property and/or tenant, including any residence, commercial establishment, institution or industry, vacant or occupied, shall be responsible for the satisfactory storage and removal of all solid waste accumulated on that property. In those instances where a person rents or leases to another, the property owner and/or tenant of his agent shall be ultimately responsible for solid waste generated or stored on those premises should said waste remain on the premises during or beyond the tenant term. Excepting disruptions in normal solid waste collection schedules, non-recyclable wastes shall not be allowed to remain on the premises for more than seven (7) days, to prevent propagation, harborage, or attraction or attraction of flies, rodents or other vectors, and the creation of nuisances.

For the purposes of this section, disruptions in normal solid waste collection schedules shall be limited to when:

1. Disruptions are due to strikes; or

2. Severe weather conditions or acts of God make collection impossible using normal collection equipment; or

3. Official holidays interrupt a normal seven-day collection cycle in which case collection may be postponed until the next working day.

Recyclable materials separated from non-recyclable wastes may be stored on the premises for longer than seven days provided that the recyclable materials. are cleaned and/or stored in a manner that prevents propagation, harborage, or attraction of flies, rodents or other vectors, or the creation of nuisances or fire hazards.

(B) Solid Waste and Recyclable Materials Ownership:

1. Except as provided herein above, all solid waste and recyclable materials are the property of the person gathering them until:

(a) The solid waste and/or recyclable materials are legally disposed of in an authorized disposal site; or

(b) The solid waste and/or recyclable materials are legally deposited at an authorized transfer station, processing facility, buy-back center or drop-off recycling center; or

(c) The solid waste and/or recyclable materials are picked up by the Franchise Collector/Hauler authorized by the City.

2. Solid waste and recyclable materials legally placed for disposal and/or processing becomes the property and responsibility of the Franchise Collector/Hauler upon receipt of the solid waste or material.

3. No person shall remove solid waste and/or recyclable materials placed for collection other than the person generating or responsible for the waste or by the Franchise Collector/Hauler or permittee.

(C) Construction/Demolition Projects

1. It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit, or allow to be caused, maintained or permitted, the accumulation of any solid waste or litter on the site before, during or after completion of the construction or demolition project.

2. It shall be the duty of the owner or contractor in charge of any construction or demolition site to have adequate containers on site for the disposal of solid waste and litter and to make appropriate arrangements for the collection thereof by the Franchise Collector/Hauler or the personal transportation site to an authorized facility for final disposal. While the container is onsite, substantial provisions shall be employed by the owner or contractor to prevent the blowing or falling of solid waste from the container so as to prevent a littering condition.

3. The owner or contractor in charge of such construction or demolition site may be required at any time to show proof of appropriate collection, or if personally transported, of final disposal at an authorized facility. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

(A) No person shall deposit or permit to be deposited on, over, or along any public road, highway right-of-way or public or private property within the boundaries of the City any solid waste or litter except in containers or in areas lawfully provided for or permitted for that use.

(B) The existence or accumulation, without the authority of the City, of litter, trash, scrap materials, junk parts, garbage or refuse of any kind upon private property shall be prohibited, provided that said refuse is visible to the occupants of an adjacent or nearby parcel of real property, or to the users of any right-of-way. It shall be unlawful to allow accumulations of wastepaper, litter or combustible or flammable waste materials or rubbish of any kind to remain in any court, yard, vacant lot or open space.

(C) It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from the establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(D) No person shall dump, deposit, or otherwise dispose of any hazardous or biomedical waste onto land, into soil, rock, air or water, or at unauthorized disposal site, transfer stations, resource recovery facilities, transformation facilities, buy back centers, drop-off recycling centers, or any container to be collected and ultimately deposited, unless otherwise approved in advance and in writing by the City Manager, with the consent of the Franchise Collector/Hauler.

(E) No person shall burn or incinerate solid waste except as permitted by the El Dorado County Fire Protection District.

(F) No person shall tamper with, modify, remove from or deposit solid waste or recyclable materials in any container which has not been provided for his/her use, without the permission of the container owner.

(G) No person shall place solid waste upon the land of another, or in a residential or commercial solid waste receptacle of another, or upon premises other than those from which the solid waste originated, for the purpose of making waste available for collection and disposal.

(H) No person shall, other than the owner or franchised recyclable materials hauler, tamper with, modify or deposit waste into recyclable materials that have been segregated from non-recyclable waste and placed at a designated collection location for the purpose of collection and recycling. Unless otherwise provided by contract, all recyclable materials which are segregated from non-recyclable waste for the purpose of recycling, and placed at a designated collection location, may not be removed by anyone other than the franchised recyclable materials collector or owner. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)

The City Manager, or designee, shall adopt an administrative complaint procedure whereby customers may file complaints regarding service or any other matter arising out of the services provided under this article. Appeals from any determinations made pursuant to this administrative procedure may be made to the City Council. (Ord. 1629, 6-23-2009; amd. Ord. 1730, 1-27-2026)