San Bernardino Municipal Code Ch. 8.24 Solid Waste Collection, Removal, Disposal, Processing and Recycling

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADC or ALTERNATIVE DAILY COVER. Cover material used to cover compacted solid waste in a disposal site, other than at least six inches of earthen material, placed on the surface of the active face of the solid waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging, as defined in § 20164 of Title 27 of the California Code of Regulations, as may be amended from time to time.

APPLICANT. Any individual, firm, limited liability company, association partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity whatsoever who applies, or is required to apply, to the city for permit(s) to undertake a construction, demolition or renovation project within the city.

BIN or BINS. Those two, three, four and six cubic yard containers provided by franchised hauler for the collection of solid waste.

BULKY WASTE. Large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, automobile tires and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items, or any other solid waste item requiring special handling, discarded by residential customers. BULKY WASTE is a form of solid waste when discarded by the generator into the waste stream. The term BULKY WASTE does not include consumer electronics, such as televisions, radios, computers, monitors and the like, which are regarded as universal waste electronic devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control.

BYPRODUCTS.

(1) All materials produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery or sale;

(2) All material which, due to its nature, can be sold by the producer thereof, at the point of production, for valuable consideration; and

(3) All such material as the City Manager designates as byproducts.

CITY. The City of San Bernardino.

CITY MANAGER. The City Manager of the City of San Bernardino, or his or her designee, including city employees or entities hired by the city to implement the requirements of this chapter.

CITY PROJECT CONSTRUCTION AND DEMOLITION (C&D) WASTE POLICY. The city’s standards for recycling C&D waste from landfills for city contracted projects, set forth in a resolution of the Mayor and City Council.

COMMERCIAL. Premises in the city, other than residential and city premises, where solid waste is generated or accumulated. The term COMMERCIAL includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing processing or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste).

COMMERCIAL FACILITY. All retail, professional, office, wholesale and industrial facilities and other commercial enterprises offering goods or services and multi-family dwelling units located within the boundaries of the city.

COMMERCIAL GENERATOR. A commercial facility or business which generates garbage, organic waste or recyclable materials as a result of its business, commercial facility or property activity. COMMERCIAL GENERATOR also means any multi-family residential property of four or more units and multi-family residential properties under four units that share solid waste collection services. COMMERCIAL GENERATOR may also include tenants, property managers for facilities with leased space, employees and contractors of commercial generator. COMMERCIAL GENERATOR also includes the city, its facilities and its non-residential properties.

CONSTRUCTION. The act of assembly, erection, demolition, addition, alteration or remodel and similar and related activities, of any facility, structure, improvement or any portion thereof or appurtenance thereto.

CONSTRUCTION AND DEMOLITION DEBRIS or C&D WASTE or C&D. Commonly used or discarded materials removed from construction, remodeling, repair, demolition or renovation operations on any pavement, house, commercial building or other structure, or from landscaping. Such materials include, but are not limited to, byproducts, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavement, houses, commercial buildings and other structures. CONSTRUCTION AND DEMOLITION DEBRIS does not include exempt waste.

CONSTRUCTION AND DEMOLITION (C&D) DIVERSION REQUIREMENT. The minimum percentage of C&D for each project to be diverted from landfills, as set forth in a resolution of the Mayor and City Council.

CONSTRUCTION AND DEMOLITION (C&D) WASTE RECYCLING AND DISPOSAL REPORT SUMMARY. A form submitted by the applicant or any covered project after completion of a project. The documentation shall include actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies.

CONSTRUCTION CONTRACTOR. Any state licensed construction contractor performing construction at a job site. CONSTRUCTION CONTRACTOR includes the general contractor and any subcontractors at the site. A person or company employed, whether for a fee or otherwise, to haul recyclable materials and C&D waste generated by a CONSTRUCTION CONTRACTOR is not a CONSTRUCTION CONTRACTOR for purposes of this chapter.

COUNTY HEALTH OFFICER. The San Bernardino County Health Department’s designee who serves to advise and lead a team of professionals on matters of public health importance.

COVERED PROJECT. Any project that meets or exceeds the COVERED PROJECT threshold set forth by resolution of the Mayor and City Council.

CONTAINER. Any heavy plastic or galvanized metal box, can, cart, barrel, bin, hopper, roll off, compactor or similar type container used for the accumulation of garbage, recyclable materials, organic waste or C&D.

CUSTOMER. The owner and/or occupant of any property within the city that is required to participate in the city’s solid waste collection programs.

DEMOLITION. The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

DIVERT or DIVERSION. A reduction of the amount of waste being disposed in landfills by any of the following methods:

(1) On-site re-use of the materials/waste;

(2) Delivery of the waste from the site to a recycling facility; or

(3) Other methods as approved by the City Manager.

DUMP. To throw or deposit litter and other solid waste items in or upon any street, sidewalk or other place within the city, except the placement of litter and other solid waste items in proper containers for collection.

E-WASTE. Any electronic product nearing the end of its useful life and includes, but is not limited to, computers and their components, televisions, VCRs, stereos, copiers and fax machines.

ENFORCEMENT OFFICER. Any individual appointed by City Manager of the City of San Bernardino, or his or her designee, who has authority to issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93.

EXEMPT WASTE. Hazardous waste, sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines and those wastes under the control of the Nuclear Regulatory Commission.

FOOD WASTE. Food scraps and trimmings from food preparation, including, but not limited to: meat, fish and dairy waste; fruit and vegetable waste; grain waste; incidental food packaging; and incidental food soiled paper products.

FRANCHISED HAULER. A hauler holding a franchise, contract, license or permit issued by the city which authorizes the exclusive or non-exclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of the city.

GARBAGE. All solid waste that is not otherwise recyclable material or organic waste and to normal activities of a solid waste generator. GARBAGE must be generated by and at the premises wherein the GARBAGE is collected. GARBAGE does not include recyclable materials, organic waste, construction and demolition debris, bulky waste, E-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

GENERATOR. Any commercial generator or residential generator of solid waste.

HAZARDOUS WASTE. Any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such as local, state or federal law or regulations may be amended from time to time.

HEARING OFFICER. Any individual appointed by the City Manager of the City of San Bernardino, or his or her designee, to hear the appeal on a determination of a nuisance.

HOUSEHOLD HAZARDOUS WASTE. Dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strips and adhesives; auto batteries; and universal waste.

JOB SITE. A location at which solid waste and C&D waste are generated by a construction contractor.

OCCUPANT. Every owner of, and every tenant or person who is in possession of, is the inhabitant of or has care and control of a residence or commercial building. For the purpose of this definition, a residence or commercial building shall be presumed to be inhabited if gas, electric, telephone and water utility service is being furnished thereto.

OCCUPIED PREMISES are occupied when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when solid waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that electric services were not being provided to the premises during such periods.

ORGANIC WASTE. Organic waste and food waste. ORGANIC WASTE is a form of solid waste when discarded into the waste stream. ORGANIC WASTE includes, but is not limited to, the following:

(1) Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds);

(2) Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container);

(3) Food waste (cooked and uncooked food matter, incidental food packaging and incidental food soiled paper products for commercial customers); and

(4) Byproducts.

PERSON. Any natural person, individual, firm, limited liability company, partnership, public or private corporation or association or any other entity whatsoever.

PROJECT. Any activity that requires an application for a building or demolition permit from the city.

RECYCLABLE C&D. All C&D waste that is used within any of the following categories:

(1) Masonry building materials, including, but not limited to, asphalt, concrete, rock, stone and brick;

(2) Wood materials, including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;

(3) Vegetable materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site as part of the project;

(4) Metals, including all metal scrap, such as, but not limited to, pipes, siding, window frames, door frames and fences;

(5) Roofing materials, including wood shingles as well as asphalt, stone and slate based roofing material;

(6) Salvageable materials includes all salvageable materials and structures, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances; and

(7) Any other C&D waste that is non-hazardous and available for recycling or reuse.

RECYCLABLE MATERIALS. A part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of 1989 Assembly Bill 939, being codified in part at Cal. Public Resources Code, Division 30, commencing with § 40000. RECYCLABLE MATERIALS includes, but is not limited to, the following:

(1) Plastics (all numbered plastics);

(2) Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans);

(3) Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper);

(4) Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass); and

(5) Byproducts.

RECYCLING. The process of collecting, sorting, cleansing, treating and reconstituting divertible solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place. RECYCLING does not include transformation, as defined in Cal. Public Resources Code, § 40201.

RECYCLING FACILITY. A recycling, composting, materials recovery or reuse facility that has obtained all applicable federal, state and local licensing, certification and permitting and that is operating in full compliance with all applicable regulations. The City Manager shall maintain a list of approved facilities for reference by the applicant. The applicant may use an unlisted facility of his or her choice if the applicant, prior to beginning a project, provides documentation demonstrating that the unlisted facility qualifies as a RECYCLING FACILITY under this definition.

RENOVATION. Any change, addition or modification in an existing structure.

RESIDENCE or RESIDENTIAL. Any and all dwelling units, as defined in the Land Use Zoning Ordinance of the City of San Bernardino, and other buildings used for residential or dwelling purposes.

RESIDENTIAL GENERATOR. An owner, tenant or resident of any residential property which generates garbage, organic waste or recyclable materials as a result of occupancy or property activity, including all generators not otherwise meeting the definition of commercial generator.

RESPONSIBLE PARTY. The individual or entity responsible for the generator’s management of solid waste at the generator’s commercial facility, business or non-residential property.

ROLL-OFF. A metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility.

SALVAGE. The controlled removal of C&D waste from a project site for the purpose of recycling, reuse or storage for later recycling or reuse.

SECURITY DEPOSIT. The cash or cash equivalent deposit required as security for all covered projects. The amount of the SECURITY DEPOSIT shall be set forth in a resolution of the Mayor and City Council.

SELF-HAUL. When a responsible party collects recyclable materials and/or organic waste materials at their place of business for the purpose of hauling those materials in their own vehicles to a permitted recycling or organic waste processing facility in compliance with the requirements of this chapter.

SELLER. Any person, business, corporation, partnership or any other business entity that engages in the sale and/or exchange of new and/or used tires as a regular part of their business, including, but not limited to, wholesale and retail tire dealers, automotive service centers, automotive repair centers, new and used automotive dealers, new and used automotive parts vendors and automotive dismantlers.

SHARPS. Needles, scalpels, blades, broken medical glass, broken capillary tubes and ends of dental wires.

SLUDGE. The accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies or similar disposal appurtenances or any other such waste having similar characteristics or effects.

SPECIAL SERVICES. Any solid waste or solid waste related services that are not provided in the city’s normal course of solid waste related services, including, but not limited to, pick-up service for bulky waste, container repair, container exchange and/or replacement, roll-out service and additional unscheduled collection.

SOLID WASTE. Any materials defined as SOLID WASTE by Cal. Public Resources Code, § 40191, and specifically includes, without limitation, C&D waste, recyclable materials, organic waste, bulky waste, byproducts and all other non-hazardous materials, excluding universal waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount.

SOLID WASTE COLLECTION SERVICES. The collection, transportation, processing, recycling, composting, conversion, retention and disposal of all garbage, organic waste (including commercial organic waste, food waste and organic waste), recyclable materials, construction and demolition debris, bulky waste, household hazardous waste and universal waste, produced, generated and/or accumulated within the city.

TENANT. Any person or persons, other than the owner, occupying or in possession of a premises.

UNIVERSAL WASTE. Includes, but is not limited to, “universal waste electronic devices” or “UWEDs,” (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 22 CCR §§ 66273.1 et seq.), and other universal wastes, including, but not limited to, non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries) alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers and mercury containing switches.

(Ord. MC-1431, passed 11-10-2016)

The City Manager shall have the authority to make reasonable rules and regulations concerning the storage, collection, transportation and disposal of solid waste by persons as he or she shall find necessary and to place additional limitations not specifically addressed herein on types and quantities of waste which may be placed in containers when the City Manager determines that such rules and regulations are necessary to protect the health and safety of the general public or city employees, or to comply with state or federal law or regulations.

(Ord. MC-1431, passed 11-10-2016)

The chapter shall apply to all users of the city’s solid waste services within the city and to users outside the city who are, by permit, contract or agreement with the city, users of the city’s solid waste collection services or are conducting business or activities within the city which fall under the provisions of this chapter.

(Ord. MC-1431, passed 11-10-2016)

(A) Provision of solid waste services.

(1) Solid waste related activities within the city shall be performed under the direction of the City Manager, and for such purposes, the city may use city personnel, enter into contract agreements with private hauling firms or approve franchise agreements to perform such activities. Solid waste enterprises operating pursuant to such a contract or franchise agreement shall meet the terms, rates, standards and services specified in the contract or franchise agreement. However, the City Manager may authorize any person to collect, remove and disperse garbage, recyclable materials and organic waste under such terms, conditions and limitations deemed necessary in the interests of the public health, safety and welfare.

(2) No person, solid waste enterprise or the agents, servants or employees thereof shall provide solid waste collection services within the city without approval, which shall be issued only on a vote of the City Council. All recycling, organic waste and garbage collections shall be made as quietly as possible, and the City Manager may fix and determine the hours for collection.

(3) Except as expressly called out in the franchise agreement, the franchised hauler is granted the exclusive franchise, duty, right and privilege to collect, transfer, transport, recycle, process and dispose of garbage, organic waste and recyclable materials generated within the boundaries of city subject to the terms and conditions set forth in the franchise agreement.

(B) Subscription required. The property owner or tenant of each occupied premises shall have at least the minimum level of solid waste collection service made available to that premises by the franchised hauler, as specified in the franchise agreement between the city and the franchised hauler. At its discretion, the city may require a higher level of solid waste collection service if the current level of service is deemed insufficient. The charges for solid waste collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste to be collected on any particular collection date during such occupancy. Nothing in this chapter is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to pay for solid waste collection service as provided herein.

(C) Commencement of solid waste collection service. The property owner or tenant shall commence solid waste collection service within seven days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the City Manager may give written notice to the owner or tenant that solid waste collection service is required. If service is not initiated by the property owner or tenant within seven days after the date of mailing the notice, the City Manager shall authorize the franchised hauler to begin and continue providing the minimum level of solid waste collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization.

(D) Charge for solid waste collection service. Any and all charges for solid waste collection service shall be set forth in the franchise agreement, contract or the collection service agreement between the city and its franchised hauler.

(E) Special services. Customers requiring special services shall contact the franchised hauler to arrange for such service. Charges for such special services shall be set forth in the franchise agreement.

(F) Exemption from service. Any customer may make an application for exemption from solid waste collection services on the basis that a developed property is unoccupied, and that no garbage, organic waste or recyclable materials shall be placed or offered for collection by the city or its authorized franchised hauler from such property. The City Manager may temporarily exempt such property from participation in the city’s solid waste collection program for the limited period while the property is unoccupied; provided that any such statement or representation shall be made in affidavit form, fully sworn to by the person making such statement or representation and filed with the City Manager. An exemption shall be valid only for the time that the statements made in the affidavit continue to be true. Any violation of provisions of the exemption shall result in termination of the exemption and shall require the customer to subscribe to the solid waste collection services in accordance with this chapter.

(G) City Manager may restrict self-haul. Nothing in this chapter is intended to prevent residents, that subscribe and pay for solid waste collection services with the franchised hauler, from self-hauling garbage, recyclable materials or organic waste to permitted solid waste facilities, and other solid wastes (excluding garbage, recyclable materials and organic waste) in excess of their normal subscription level to facilities that accept and responsibly process those materials, as may be necessary from time to time. However, the City Manager may restrict or prohibit self-hauling by individual generators if the City Manager determines, after providing notice and an opportunity for a hearing, that the generator’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.

(H) Organics prohibited from use as alternative daily cover. Pursuant to the provisions of 2014 Assembly Bill 1594 (AB 1594, which amended the Cal. Public Resources Code, §§ 40507 and 41781.3), the franchised hauler, and any generators who self-haul organic waste, may not direct their organic waste for use as ADC. If the City Manager determines that the franchised hauler or any other generator has directed any organic waste for use as ADC, the City Manager will notify the franchised hauler or generator of the requirements of this provision. Repeated instances of directing organic waste for use as ADC may result in enforcement action as per § 8.24.130.

(Ord. MC-1431, passed 11-10-2016)

(A) Failure to pay for solid waste collection service. The franchised hauler shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Solid waste collection service shall not be discontinued for residential customers by reason of any failure to pay the charges for such service. The franchised hauler may temporarily suspend services if a commercial customer has been delinquent in payment for a period of at least 45 days in accordance with the terms of the franchise agreement.

(B) Notification of delinquency.

(1) Customers (owners or tenants) who have not remitted required payment within 45 days after the date of billing shall be notified by the franchised hauler on forms that contain a statement that if payment is not received within 15 days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, may be placed on the county annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers via U.S. mail to the current billing address on file.

(2) All notices pursuant to this division (B) shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner. The form of delinquency notice shall be approved by the City Manager.

(C) Assignment of delinquent account. In the event the bill for solid waste collection service, together with any late charge thereon, is not paid in full within 30 days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to division (B) below, the franchised hauler may assign such bill to the city for collection through the initiation of lien and special assessment proceedings. The assignment shall include the name and address of the property owner and tenant, the assessor’s parcel number of the premises, the period of solid waste collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the City Manager, together with a copy of the notices of delinquency mailed or otherwise delivered to the property owner and tenant with proof of service.

(D) Initiation of special assessment and lien. Upon the city’s receipt of the assignment from the franchised hauler, the City Manager shall prepare a report of delinquent solid waste collection service charges and initiate proceedings to create a special assessment and lien on the premises to which the solid waste collection service was provided. The City Manager shall fix a time, date and place for an administrative hearing by the City Manager to consider any objections or protests to his or her report.

(E) Notice of administrative hearing on special assessment and lien. The City Manager shall send written notice of the administrative hearing to the property owner and tenant of the premises against which the special assessment and lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the City Manager. A copy of the notice shall also be mailed to the franchised hauler. Said notice shall set forth the amount of delinquent solid waste collection service charges, the amount of any late charge thereon and shall inform the recipient of the possible levy of a special assessment and lien on the premises and administrative charges as provided in this division. Said notice shall also inform the property owner and tenant of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the City Council, include a link to the webpage on which the administrative hearing order and final report in division (F) below will be posted and advise the property owner and tenant of his or her right to appear at both the administrative hearing and the public hearing to state his or her objections to the report or the proposed special assessment and lien.

(F) Administrative hearing on special assessment and lien. At the time and place fixed for the administrative hearing, the City Manager shall hear and consider any objections or protests to his or her report. The City Manager may correct or modify the report as he or she deems appropriate, based upon the evidence presented at the hearing, and shall post a copy of the decision on the city website. The City Manager shall thereupon submit a final report to the City Council for confirmation and shall post a copy of such final report on the city website.

(G) Public hearing on special assessment and lien. The City Council shall conduct a public hearing to consider the City Manager’s final report at the time and place set forth in notice described in division (E) above. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the final report, or any portion thereof, should not be confirmed. The City Council’s review shall be limited to the administrative record and evidence presented at the City Manager’s administrative hearing. The City Council may adopt, revise, reduce or modify any charge shown in the final report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final report as rendered or modified, the City Council shall confirm such final report by resolution. The decision by the City Council on the final report and any objections or protests thereto shall be final and conclusive.

(H) Recording of lien. Upon confirmation by the City Council of the final report, the City Manager shall cause to be recorded in the office of the Recorder for the County of San Bernardino, a lien against each premises described in the final report for the amount of delinquent solid waste collection service charges and late charges as confirmed by the City Council by resolution. The lien shall also include such additional administrative charges as established by resolution of the City Council. All affected property owners shall be notified by the City Manager that the delinquent solid waste collection service charges, late charges and administrative charges are due and payable to the city and that said lien has been recorded.

(I) Levy of special assessment. Upon confirmation by the City Council of the City Manager’s final report, as rendered or modified, the delinquent solid waste collection service charges, late charges and administrative charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The City Manager shall file a copy of the final report, together with a certified copy of the resolution by the City Council confirming the same, with the tax collector for the county with instructions to enter the delinquent solid waste collection service charges, late charges and administrative charges as special assessments against the respective premises described in the City Manager’s lien report. The tax collector shall include such special assessment on the next regular bill for secured property taxes sent to the property owner.

(J) Collection of special assessment. The special assessment shall be collected at the same time in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all of the delinquent solid waste collection service charges, late charges and administrative charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

(Ord. MC-1431, passed 11-10-2016; Ord. MC-1612, passed 3-15-2023)

(A) Sufficient container capacity and storage of containers. All persons occupying or maintaining any premises within the city where garbage, organic waste and recyclable materials are created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all garbage, organic waste and/or recyclable materials which are produced, created or accumulated on such premises. No containers shall be allowed to be stored in the public streets or rights-of-way. Except on days established for collection, all solid waste containers shall be placed out of sight of the public right-of-way, except for temporary containers, as described below. Containers may be stored in alleys but must not cause obstruction for emergency, solid waste collection or other vehicles. Containers may be temporarily stored in public streets or rights-of-way. In commercial areas of the city that have limited space for the placement of containers, upon written request of the property owner or occupant, the city may allow the bins or carts as provided by the franchised hauler to be placed in public parking lots expressively for the purpose of normal weekly collection by the franchised hauler.

(B) Design review. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage of garbage, organic waste and recyclable materials and which will allow for efficient and safe waste removal or collection. The design shall be submitted for approval to the Development Environmental Review Committee and shall meet all applicable regulations.

(C) Ownership of solid waste materials. All solid waste placed in containers provided by any franchised hauler for collection shall be considered owned by and be the responsibility of the franchised hauler. All materials placed in containers provided or owned by the generator shall be considered owned by and be the responsibility of that generator until the material is placed at a franchised hauler’s designated point of collection and in containers described in § 8.24.010. The occupant, business owner, or his or her authorized agent, may retrieve or remove any materials from the container, prior to collection.

(D) Unlawful collection. It shall be unlawful for any person to engage in the business of collecting, removing or transporting, or otherwise organize or direct the collection, removal or transportation, of recyclable materials without being a franchised hauler. Nothing in this chapter limits the right of any person to donate or sell his or her recyclable materials, including to recognized non-profit charitable organizations conducting fundraising events for a public purpose. No cost or fees of any sort, including those for hauling services or use of containers, may be charged. Additionally, containers provided by the franchised hauler may not be used for the storage of recyclable materials that the occupant intends to donate, sell or otherwise dispose of through a party other than the franchised hauler.

(E) Posting of signs. Signs which state, in both English and Spanish, that removal of recyclable materials from containers is illegal and punishable by a fine of up to $1,000 or up to six months in jail, or both, shall be posted at each of the following locations:

(1) On all commercial recycling bins;

(2) At the entrance to buy-back centers; and

(3) Vending machine-type containers located within the city.

(Ord. MC-1431, passed 11-10-2016)

(A) Nuisance prohibited. No person shall accumulate solid waste in any amount that creates a nuisance. If accumulation of solid waste creates a nuisance, the City Manager may require a more frequent collection schedule and/or removal of the accumulated solid waste. Furthermore, the following apply.

(1) Putrescible solid waste, including garbage and organic waste, shall not be allowed to remain on the premises for more than seven days.

(2) The occupant of any property may not dispose of solid waste on his or her property (with the exception of organic wastes that are composted on-site via backyard composting).

(3) No person shall throw or deposit or cause to be thrown or deposited any solid waste upon any premises whatsoever except at permitted solid waste facilities (for garbage and organic waste) or facilities that accept and responsibly process other solid wastes (excluding garbage and organic waste).

(4) It is unlawful for any person to burn, or cause to be burned, any solid waste within the city.

(5) It is unlawful for any person to dispose of any burning ash or embers in solid waste containers.

(6) It is unlawful for any person to place in any container identified for recyclable materials or organic waste any material that would inhibit its ability to be recycled or composted. Containers set aside for recyclable materials or organic waste shall be used only for recyclable materials or organic waste and no other materials.

(7) No person shall place or deposit in any garbage, recycling or organic waste container for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human injury or harm.

(8) No person shall place or deposit in any garbage, recycling or organic waste container for collection pursuant to the provisions of this chapter wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and shall dispose of such articles in accordance with his or her directions.

(9) No person shall place or deposit in or upon any container or container within the city any E-waste, but shall deposit such E-waste with an authorized recycler of E-waste products.

(B) Containers must be covered and kept clean. All solid waste set out by generators on the street or other designated location for collection by the franchised hauler shall be placed in covered containers. No container shall be loaded beyond its capacity. It shall be the responsible parties’ responsibility to keep the containers used for the storage and collection of solid waste material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. No solid waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection.

(C) Damage to or removal of containers. It is unlawful for any person to mar, injure, damage or destroy, or to take or remove any container furnished or provided pursuant to this chapter.

(D) Hauling and transport. No generator, self-hauler or franchised hauler shall transport solid waste over any public street, alley, right-of-way or parking plaza unless solid waste is contained and covered in such a manner as to prevent the dropping or spilling of any solid waste, litter or liquid upon the public street, alley, right-of-way or parking plaza.

(Ord. MC-1431, passed 11-10-2016)

(A) Disposal of scrap tires.

(1) Every seller of new or used tires within the city upon request by an authorized agent or employee of the city must demonstrate that each such tire has been disposed of properly by one of the following methods:

(a) Manifest provided by a state-permitted waste tire hauler company; and

(b) Any alternative methods formally approved by CalRecycle.

(2) The city shall provide copies of manifest forms to any seller of new or used tires within the city upon request from the seller to the city. Any seller of new or used tires within the city who cannot adequately demonstrate to City Manager that each whole tire was disposed of properly by one of the above methods shall be in violation of this chapter and subject to civil and/or criminal prosecution by the city.

(B) Penalty for unlawful disposal of whole tires.

(1) It shall be unlawful to dispose of whole tires in any of the following manners within the city:

(a) Placement of whole tires in or around any regular commercial, industrial or residential container within the city. A residential customer may contact the franchised hauler to arrange for on-call collection of up to two whole tires twice per calendar year, with a maximum of four tires per calendar year; and

(b) Placement of whole tires on any public or private property within the city, unless said property is a registered waste tire facility as set forth in Cal. Public Resources Code, §§ 42800 to 42855.

(2) Any seller of new or used tires within the city who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential solid waste container within the city or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential container within the city or along any public or private property, shall be guilty of a violation of this chapter, and subject to civil and/or criminal prosecution by the city.

(C) Posting of notice. Every seller of new or used tires within the city must post the following notice:

“NOTICE: Every tire left with this facility for disposal is assessed a surcharge established by California Public Resources Code 42885. This surcharge is for the costs of disposal and for development of new uses for scrap tires. Other charges may also be imposed by this operator to cover actual disposal or recycling costs.

In order to prevent the illegal disposal of used tires within the City of San Bernardino, if you elect to keep your used tires for private use or disposal, you will be required to sign a Certificate of Removal stating the number of tires that you removed, your name, address and California Driver’s License Number. This information will be furnished to the City of San Bernardino. Illegal disposal of whole tires is a violation of Chapter 8.24.080 of the City of San Bernardino Municipal Code, and may result in fines and penalties.”

(Ord. MC-1431, passed 11-10-2016)

(A) All solid waste generators responsible for compliance. Each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter.

(B) Recycling and organics collection required. Each generator shall subscribe to a level of service with the franchised hauler that is sufficient to handle the volume of recyclable materials and organic waste generated or accumulated on the premises. Additionally, each generator shall ensure the proper separation of solid waste, as established by the franchised hauler, by placing each type of material in designated containers or containers, and ensure that employees, contractors, volunteers, customers, visitors and other persons on site conduct proper separation of solid waste.

(C) Implementation.

(1) Each generator shall use containers provided by the franchised hauler to collect and store recyclable materials and organic waste, and shall designate areas to collect and/or store these materials. Each generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic waste are collected and/or stored that specify the materials to be recycled and how to recycle such material. The city shall notify and instruct generators in writing of applicable recycling and organic waste requirements. Upon request by generators, the city will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material.

(2) Additionally, the following apply.

(a) The City Manager shall annually work with the franchised hauler to identify generators subject to the requirements in this chapter.

(b) The City Manager shall review franchised hauler data to confirm whether all commercial generators are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organic waste and recycling collection services. Those generators who do not subscribe to the required collection services with the franchised hauler will be notified of the requirement to subscribe organic waste and recyclable materials.

(c) The City Manager shall work with the franchised hauler to conduct site visits with select commercial generators each year, covering all commercial generators every five years, in order to document whether generators participate in the required recycling and organic waste collection programs (not just subscribe) and are, therefore, in compliance with the requirements of this chapter.

(d) The City Manager shall annually work with any non-compliant generators in order to bring them into compliance with the requirements of this chapter by providing outreach, education and technical assistance to facilitate compliance.

(e) All generators shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within 30 days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement.

(Ord. MC-1431, passed 11-10-2016; Ord. MC-1566, passed 12-1-2021)

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL EDIBLE FOOD GENERATOR. Includes a tier one or a tier two commercial edible food generator, as defined below.

DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any responsibilities of this chapter. A DESIGNEE may be a government entity, a hauler, a private entity or a combination of those entities.

EDIBLE FOOD. Unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus or other conditions. For the purposes of this section, EDIBLE FOOD is not solid waste if it is recovered and not discarded.

FOOD. Has the same meaning as in the Cal. Health and Safety Code, § 113781.

FOOD FACILITY. Has the same meaning as in the Cal. Health and Safety Code, § 113789.

FOOD RECOVERY. Actions to collect and distribute food for human consumption which otherwise would be disposed.

FOOD RECOVERY ORGANIZATION. An entity that primarily engages in the collection or receipt of excess edible food from edible food generators and distributes that edible food to the public for consumption, including, but not limited to:

(a) A food bank, as defined in the Cal. Health and Safety Code, § 113783;

(b) A non-profit charitable organization, as defined in the Cal. Health and Safety Code, § 113841; and

(c) A non-profit charitable temporary food facility, as defined in the Cal. Health and Safety Code, § 113842.

FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery.

FOOD SERVICE DISTRIBUTOR. An entity primarily engaged in providing food services to institutional, governmental, commercial or industrial locations of others based on contractual arrangements with these types of organizations.

GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli and meat and seafood departments. GROCERY STORE includes convenience stores.

HEALTH FACILITY. Has the same meaning as in the Cal. Health and Safety Code, § 1250.

HOTEL. Has the same meaning as in the Cal. Business and Professions Code, § 17210.

LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, non-profit or privately owned park, parking lot, golf course, street system or other open space when being used for an event.

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this section, a venue facility includes, but is not limited to, a public, non-profit or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater or other public attraction facility. For purposes of this section, a site under common ownership or control that includes more than one LARGE VENUE that is contiguous with other LARGE VENUES in the site is a single LARGE VENUE.

LOCAL EDUCATION AGENCY. A school district, charter school or county office of education that is not subject to the control of city or county regulations related to solid waste.

RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on premises or immediate consumption.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods or non-food items and some perishable items.

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:

(a) Supermarket;

(b) Grocery store with a total facility size equal to or greater than 7,500 square feet;

(c) Food service distributor; and

(d) Wholesale food market.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following:

(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;

(b) Hotel with an on-site food facility and 200 or more rooms;

(c) Health facility with an on-site food facility and 100 or more beds;

(d) Large venue;

(e) Large event;

(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; and

(g) A local education agency facility with an on-site food facility.

WHOLESALE FOOD MARKET. A food establishment in which food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor or other destination.

(B) Commercial edible food generators responsible for compliance.

(1) Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.

(2) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(C) Commercial edible food generators requirements. Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed;

(2) Contract with or enter into a written agreement with food recovery organizations or food recovery services for:

(a) The collection of edible food for food recovery; or

(b) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service;

(4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4; and

(5) Keep records that include the following information or as otherwise specified in 14 CCR § 18991.4:

(a) A list of each food recovery service or organization that collects or receives its edible food, pursuant to a contract or written agreement established under 14 CCR § 18991.3(b);

(b) A copy of all contracts or written agreements established under 14 CCR § 18991.3(b); and

(c) A record of the following information for each of those food recovery services or food recovery organizations:

1. The name, address and contact information of the food recovery service or food recovery organization;

2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;

3. The established frequency that food will be collected or self-hauled; and

4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(D) Requirements for food recovery organizations and services.

(1) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

(a) The name, address and contact information for each commercial edible food generator from which the service collects edible food;

(b) The quantity in pounds of edible food collected from each commercial edible food generator per month;

(c) The quantity in pounds of edible food transported to each food recovery organization per month; and

(d) The name, address and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(2) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

(a) The name, address and contact information for each commercial edible food generator from which the organization collects edible food;

(b) The quantity in pounds of edible food collected from each commercial edible food generator per month; and

(c) The name, address and contact information for each food recovery service that the organization transports edible food to for food recovery.

(3) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than March 31 of every calendar year.

(4) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city or other regional agencies that provide solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city or its franchise hauler shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the city.

(Ord. MC-1566, passed 12-1-2021)

(A) Covered and non-covered projects. Covered projects are required to divert recyclable C&D from landfills. The minimum C&D diversion requirement is established by resolution of the Mayor and City Council. Applicants for construction, demolition, addition, alteration and remodel projects within the city that are not covered projects are encouraged to divert the minimum C&D diversion requirement.

(B) City projects. City-contracted construction shall adhere to the city project C&D waste policy established by resolution of the Mayor and City Council.

(C) Security deposit required. Except as otherwise specified in this chapter, each applicant for a building or demolition permit for a covered project shall remit a security deposit in the amount established by resolution of the Mayor and City Council. The security deposit shall be remitted prior to permit issuance.

(D) Exemptions.

(1) Neither a C&D waste recycling and disposal report summary nor a security deposit shall be required for the following:

(a) Work for which only a plumbing permit, electrical, mechanical permit or a combination thereof is required;

(b) Seismic tie-down projects;

(c) Installation of a patio or awning;

(d) Installation of pre-fabricated accessories such as signs or antennas;

(e) Residential pools and spas;

(f) Re-roof projects, block walls and retaining walls;

(g) City owned projects; and

(h) Other work that the City Manager determines will not produce significant quantities of construction or demolition waste.

(2) An applicant for projects may submit an application for exemption on the grounds that the project will not generate more than 35 gallons of C&D waste. The application shall be submitted to the City Manager who shall determine if the exemption is in compliance with this chapter.

(E) Refund of security deposit. The City Manager may authorize the refund of any security deposit that was erroneously paid or collected. The City Manager may authorize the refund of any security deposit when the building permit application is withdrawn or cancelled before any work has begun. The City Manager may authorize the refund of a security deposit when the applicant has satisfactorily submitted the C&D waste recycling and disposal report summary, and at least the minimum C&D diversion requirement is met. lf the minimum C&D diversion requirement is not realized, the amount of the refund shall correspond to the percentage of C&D waste recycled, reused or diverted from the landfill. If the applicant fails to submit the documentation required by this section within the required time period, the security deposit shall be forfeited to the city.

(F) Administrative fee. As a part of any application for, and prior to the issuance of, any building or demolition permit, every applicant for a covered project, unless otherwise exempt, shall pay an administrative fee sufficient to compensate the city for all expenses incurred in reviewing the project and reviewing performance. The amount of this fee shall be set forth in a resolution of the Mayor and City Council.

(G) Reporting. Within 60 days following the completion of a demolition project and/or a covered project, the applicant shall, as a condition precedent to release of the security deposit, submit a C&D waste recycling disposal report summary to the City Manager.

(H) Appeal. Any appellant aggrieved by the decision of the City Manager relating to a security deposit under division (D) or (E) above may appeal the decision to the hearing officer in the manner provided in Chapter 9.94.

(I) Construction debris self-hauling.

(1) A construction contractor may self-haul recyclable materials or C&D waste generated by the construction contractor at the job site. When acting as a general contractor, the construction contractor may haul these same materials for any construction contractor acting as a subcontractor at the same job site.

(2) The right of a construction contractor to self-haul or haul hereunder is subject to the following conditions:

(a) All construction contractors generating any of the recyclable materials or C&D waste to be self-hauled or hauled shall have a valid city business registration certificate;

(b) The construction contractor owns or leases the self-hauling or hauling equipment (excluding containers) and the equipment is clearly marked with the identity of the construction contractor including, as a minimum threshold requirement, the company name, address and phone number;

(c) The construction contractor must be performing construction and demolition work on the permitted job site;

(d) The construction contractor cannot serve solely as a hauler of debris from the job site;

(e) The construction contractor provides proof of insurance for said vehicle;

(f) The construction contractor’s equipment shall be operated by an employee of the construction contractor at all times during any self-haul or haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations;

(g) The construction contractor performing the self-haul or haul holds a current building and demolition permit which covers all recyclable materials or construction and demolition debris for which the construction contractor will be performing self-hauling or hauling, and the construction contractor complies with the construction and demolition provisions of the city;

(h) The construction contractor shall hold for a self-hauling permit fee as set by the Mayor and City Council; and

(i) Regardless of the valuation of the project, the construction contractor performing the haul or self-haul must comply with this article and shall submit an application fee, security deposit as set by the Mayor and City Council and obtain a C&D permit for projects, as defined in § 8.24.010.

(Ord. MC-1431, passed 11-10-2016; Ord. MC-1521, passed 9-18-2019)

(A) Containers - franchise required. The franchised hauler is the exclusive provider of containers for the collection of C&D, garbage, recyclable materials, organic waste and large items. This includes any and all containers placed in the public right-of-way, on city property, private property or elsewhere in the service area, for collection of C&D, garbage, recyclable materials, organic waste and large items and subsequent delivery to a permitted solid waste facility. Collection utilizing containers may be on a temporary or permanent basis, in accordance with the terms of the franchise agreement between the city and the franchised hauler. Any containers left on the public right-of-way, public property or private property by a company or person without a contract or franchise agreement with the city to provide such services shall be deemed illegal and subject to removal pursuant to these provisions.

(B) Notice to remove.

(1) Upon determination that a container is illegal, the owner of the container will be called and notified of such violation, if it is marked, and the owner will be given 24 hours to remove the container. A “notice to remove container” shall be posted on the container and mailed to the owner, if the owner’s address is known or easily ascertainable. If the container is unmarked and the owner is unknown, a 24-hour posting of the notice to remove the illegal container shall be deemed sufficient notice.

(2) The notice shall be in substantially the following form:

“NOTICE IS HEREBY GIVEN pursuant to Chapter 8.24.110 of the San Bernardino Municipal Code that the City Manager, or his or her designee, has determined that this container was placed in the City of San Bernardino without the necessary contract or franchise agreement and is hereby deemed illegal and that the removal of the container is required. This container must be removed from the City of San Bernardino within twenty-four (24) hours of the date and time of this Notice. Failure to remove this container will result in the seizure of the bin by the City of San Bernardino or the franchised hauler. A hearing may be requested within fifteen (15) days of the seizure to reclaim the container. If no hearing is requested within fifteen (15) days, the container will become the property of the City of San Bernardino. The owner may waive a hearing by paying the costs for removal, storage, and disposal, if any, of the container. The total amount of costs to be paid may be obtained from the City.”

(C) Notice to remove - exemptions. The city may waive the 24-hour notice to remove a container in the event that the owner of the illegally placed containers can be identified and the city possesses documentation of at least two prior instances of issuing notices to remove and subsequent removal of containers owned by the same owner in the prior 12 months.

(D) Cost of removal of containers. The cost of removal of an illegally placed container, including all costs for removal, storage and disposal of the container and its contents, will be set by the city via resolution. Payment of those costs will be the responsibility of the owner of the illegally placed container.

(E) Removal hearing and appeal process.

(1) Any illegal container that has been removed by the city or franchised hauler shall be stored pending a hearing before the City Manager. Said hearing must be requested within 15 days and scheduled within 30 days following the removal of the container.

(2) The owner of the container may waive the hearing and pay the city’s costs for removal, storage and disposal of the container and claim the container. The amount of costs will be determined by the City Manager.

(3) If the container is not claimed and no hearing is requested within 15 days of removal of the container, the container will become the property of the city and the city may dispose of or use the container as the city may deem appropriate.

(4) If a hearing is timely requested, the City Manager shall determine whether the owner of the container had a contract or franchise agreement with the city. If the City Manager determines that the owner of the container did not have the requisite contract or franchise agreement with the city, the City Manager may order the container returned to the owner after payment of the costs for removal, storage and disposal of the container. If the City Manager determines that the owner did have the requisite contract or franchise agreement with the city, the container shall be returned to the owner at no cost to the owner.

(5) The owner of a container that is the subject of a timely hearing may appeal the City Manager’s decision to the hearing officer within ten days of the City Manager’s decision. The hearing officer’s decision shall be final. Any person aggrieved by the decision of the hearing officer may obtain review of such decision by filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance with the time lines and provisions set forth in Cal. Gov’t Code, § 53069.4 and Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6.

(Ord. MC-1431, passed 11-10-2016)

(A) Accumulations.

(1) Every person owning or occupying any building, lot or premises in the city shall keep such property in a clean and sanitary condition; this includes keeping the area around a container free of excessive solid waste and preventing the placement of material in the container that requires special handling, such as furniture and electronic appliances, E-waste or hazardous materials. The occupant shall not cause or permit combustible or putrescible solid waste to collect or accumulate for more than one week, or cause or permit any other non-combustible solid waste to accumulate for a period in excess of one month; provided, however, the provisions of this chapter shall not be construed to interfere with any occupant keeping building materials upon premises during construction, reconstruction or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such premises for household use.

(2) Any violation of this chapter may be reported to the City Code Enforcement Department or Public Works Department. If a designated employee of the city who has the authority to issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93 determines that a violation of this chapter exists, the designated employee will post a notice of violation (“NOV”) requiring the property owner or occupant to bring the property into compliance. If the occupant does not respond to or comply with the notice of violation, the city will take the necessary steps to bring the property into compliance, including, if necessary, cleaning and sanitizing the container area. The occupant shall be held responsible for all fees and costs incurred as a result of the city bringing the property into compliance.

(B) Burning solid waste. No garbage, recyclable materials, organic waste or any solid waste shall be burned in the open air within the city limits, unless such burning is conducted in a properly built sanitary incinerator meeting all federal, state and local air emissions regulations.

(C) Dumping and burying.

(1) No person shall dump, place or deposit upon or bury in any lot, land, street, alley, water or waterway within the city any garbage, recyclable materials, organic waste or substance condemned by the County Health Department or any other deleterious or offensive substance; provided, however, the provisions of this chapter shall not apply to any land used by the county or its agents as a public landfill.

(2) It is unlawful to collect, dump or deposit any garbage, recyclable materials, organic waste upon any property located within the city belonging to another either with or without the consent of the owner thereof, including, but not limited to, any property, public or private, any highway, off-ramp, street, sidewalk, curb, gutter or other property; and it is unlawful to establish or maintain a place for dumping garbage, recyclable materials, organic waste in the city, or to collect, receive and dump any garbage, recyclable materials, organic waste on one’s own property, save and except such solid waste as shall reasonably accumulate upon such property in the reasonable and lawful use thereof.

(D) Contamination of recyclable materials and organic waste. No person shall place in any container identified for recyclable materials or organic waste any material that would inhibit its recyclability or compostability. Containers set aside for recyclable materials or organic waste shall be used only for recyclable materials or organic waste and no other materials. No glass, paper, plastic, razor blades, metal, chemicals or other substances rendering such organic waste unfit for the consumption of animals or production of soil amendments or compost shall be mixed therewith.

(E) Dangerous and infected substances.

(1) No person shall place or deposit in any garbage, recyclable materials, organic waste container for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human injury or harm. Customers may contact the city for information regarding the city’s sharps collection program.

(2) No person shall place or deposit in any garbage, recyclable materials, organic waste container for collection pursuant to the provisions of this chapter wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and shall dispose of such articles in accordance with his or her directions.

(F) E-waste. No person shall dump, place or deposit in or upon any container within the city any E-waste, but shall deposit such E-waste with an authorized recycler of E-waste products.

(A) City Manager authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers. If the City Manager determines that a solid waste generator is in violation of this chapter or of any rule or regulation adopted pursuant to this chapter, the City Manager may begin enforcement proceedings. Public nuisance proceedings and/or code enforcement proceedings under the city’s code shall apply, in addition to the administrative penalties approved by resolution of the City Council, as modified from time to time. Enforcement proceedings may include issuing notices of violation, requiring changes in subscription service levels or assessing administrative fines.

(B) Administrative citations and orders.

(1) A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010, Chapter 9.92 and Chapter 9.93.

(2) For purposes of § 1.12.010, Chapter 9.92 and Chapter 9.93., each violation of this chapter by the same person or entity, regardless of the location of the violation, shall be considered a subsequent or repeat offense. The city’s procedures on imposition of administrative fines are incorporated in its entirety and shall govern the imposition, enforcement, collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations.

(3) Failure to pay administrative penalties or fines shall result in the recording of a lien of the property that is the subject of the citation pursuant to Chapters 9.92.090 and Chapter 9.93.170.

(C) Additional remedies.

(1) The City Attorney may seek injunctive relief or civil penalties in the Superior Court in addition to the above remedies and penalties. All administrative civil penalties collected from actions pursuant to this chapter shall be paid to the city and shall be deposited into a solid waste administrative account that is available to fund activities to implement the applicable provisions of this chapter. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (being 42 U.S.C. §§ 9601 et seq., “CERCLA”).

(2) This chapter does not do any of the following:

(a) Otherwise affect the authority of the City Manager to take any other action authorized by any other provision of law;

(b) Restrict the power of a City Attorney, District Attorney or the Attorney General to bring in the name of the People of California, any criminal proceeding otherwise authorized by law;

(c) Prevent the City Manager from cooperating with, or participating in, a proceeding specified in this chapter; or

(d) Affect, in any way, existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the franchised hauler and city.

(Ord. MC-1431, passed 11-10-2016)

The City Manager may adopt necessary forms, rules, regulations and guidelines which may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter. The city may provide information on its website regarding what materials are accepted as recyclable materials, organic waste and garbage under this chapter.

(Ord. MC-1431, passed 11-10-2016)