Santa Clarita Municipal Code Part 8 Unlawful And Prohibited Acts

To protect public health, safety, and well-being and to control the spread of vectors, no person other than a self-hauler permitted pursuant to this chapter, or a licensed contractor performing work within the scope of that contractor's license in accordance with Section 15.44.310, shall keep solid waste, including organic waste, in any container other than a container approved by a franchised solid waste enterprise or the City; nor shall any person place solid waste in any container provided by a nonfranchised solid waste hauler (except pursuant to Part 3 of this chapter or Chapter 15.46); nor shall any person accumulate solid waste for more than fourteen (14) consecutive days; nor shall any person keep upon any premises in the City any solid waste which is offensive, obnoxious, or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.700)

To protect public health, safety, and well-being, and to control the spread of vectors, no person, other than the person in charge of day-to-day activities at any residential or commercial premises or a solid waste enterprise authorized by the person in charge of the premises, or a representative of the City, shall remove any container from the location where the container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.705)

To protect public health, safety, and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a solid waste enterprise licensed or permitted by the City for the pickup of the bulky goods. No person shall place bulky goods in, on, or around a bin enclosure or inside or adjacent to a bin without first obtaining permission from the service recipient and the corresponding solid waste collector.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.715)

To protect public health, safety, and well-being, no person shall place or deposit residential, institutional, commercial, industrial, special, sharps, e-waste, universal, or other hazardous waste in any civic litter container.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.720)

It is unlawful for anyone other than the owner of the recyclable materials or an authorized recyclable materials collector to remove recyclable materials or recyclable solid wastes placed for collection in containers labeled for use in connection with a recycling program sponsored by the City or City-authorized solid waste enterprise.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.723)

To protect public health, safety, and well-being, no person shall burn solid waste within the City, except in an approved incinerator, transformation facility, conversion technology facility or other device for which a permit has been issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules, and regulations.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.725)

A. To protect public health, safety, and well-being, no person except a City employee or a solid waste enterprise with a solid waste franchise or continuation rights recognized by the City, or a person authorized under Part 3 of this chapter (Self-Haulers), or a licensed contractor performing work within the scope of that contractor's license, shall collect or remove any solid waste, recyclables or organic waste from any premises within the City.

B. No person other than a solid waste enterprise which has a solid waste franchise issued by the City or a solid waste enterprise with continuation rights recognized by the City, or a licensed contractor performing work within the scope of that contractor's license, shall place a container for the accumulation of solid waste at any premises within the City or collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the City. Each day any person other than a solid waste enterprise which has a solid waste franchise issued by the City or continuation rights recognized by the City shall collect any solid waste from any premises or place a container for the accumulation of solid waste at any premises within the City, or permit or suffer a solid waste container to remain in any place within the City shall constitute a separate offense and shall be a nuisance.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.730)

To protect public health, safety, and well-being and to prevent the contamination of garbage, recyclable materials and organic waste, no person shall place solid waste in or otherwise use the garbage container, including a recyclable material container or organic waste container, of another, without the prior written permission of such other person.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.735)

No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid, hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility approved for that type of waste.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.745)

To protect public health, safety, and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance for any person or entity to violate any term of this chapter. For these same reasons, it is a public nuisance for any person or entity to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City which generates solid waste for which arrangements have not been made with a franchised solid waste enterprise, a solid waste enterprise with continuation rights recognized by the City, or without obtaining a self-haul permit from the City for regular collection and removal of garbage, recyclable materials and organic waste.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.750)

The improper collection of solid waste and the disposal of recyclable materials and organic waste in landfills are detrimental to the City's diversion efforts and quality of life in the City. Therefore, the operation of a nonfranchised solid waste collection operation in violation of Section 15.44.405 creates a nuisance to the City. Such operations shall result in the impoundment of any and all containers used in the unlawful operation as provided in this section.

A. Notice of Violation. Upon discovery of a container determined to be used in the operation of a nonfranchised solid waste hauling business within the City, the City shall identify the owner of the nonfranchised business and shall serve upon the owner a written notice of violation by certified U.S. first-class mail, return receipt requested. The notice shall be accompanied by a photograph of the container as discovered by the City indicating the address where the container was discovered.

The notice of violation shall include the following:

1. That it is unlawful to operate a solid waste hauling business in the City without obtaining a City-approved franchise pursuant to this chapter.

2. That, in the case of the issuance of a notice of violation to the owner of the container for the violation of Section 15.44.405, any and all other containers used in the unlawful solid waste hauling business by the owner located in the City must be removed within three (3) days from the date of the notice of violation. Failure to remove all such containers within this time period may result in the City causing them to be impounded at the owner's expense.

3. That in the case of all subsequent violations of Section 15.44.405 involving a container within a twenty-four (24) month period of the expiration of the three (3) day period set forth in subsection (A)(2) of this section, the container(s) may be immediately impounded upon discovery by the City at the owner's expense prior to any subsequent notice being issued.

4. That containers not reclaimed within thirty (30) business days from impoundment and whose impoundment are not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.

5. That the owner may make a request for a hearing, accompanied by the required fee, as set forth in subsection (E)(1) of this section within three (3) business days of the date of the notice of violation to contest that there was a violation of Section 15.44.405 or that he/she is the responsible party.

6. A copy of this chapter in its entirety.

7. A map delineating the City's borders.

B. Unlawfully Placed Trash Containers—Impoundment.

1. In the case of containers used in the operation of a nonfranchised solid waste hauling business, the owner must remove all containers placed within the City within three (3) business days of receipt of notice of violation, unless the notice of violation is appealed pursuant to subsection (E)(1) of this section. Absent an appeal, failure to remove any and all such containers within three (3) business days may result in the City causing said containers to be impounded at the owner's sole expense, which shall include all impound towing, dump (emptying), storage, and administrative processing fees.

2. Following receipt of the notice of violation by a nonfranchised solid waste hauling operation and after the period set forth in subsection (B)(1) of this section, without any additional prior notice, the City may cause the impoundment of any containers determined to be used by the same owner, irrespective of the name under which the unlawful business is operated and regardless of the location of such containers.

3. Notwithstanding the foregoing, and consistent with the provisions of subsection (A) of this section, the City may cause the immediate impoundment of any and all containers whose owner has received a notice of violation which was not overturned on appeal pursuant to subsection (E) of this section in the prior twelve (12) months. Such owner may still appeal the current notice of violation pursuant to subsection (E) of this section.

4. Containers not reclaimed within thirty (30) days and whose impoundment is not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.

5. The fees related to the impoundment, emptying, storage, and administrative processing of impounded containers shall be set by City Council resolution.

C. Notice After Impoundment. Upon discovery of a container that has not been removed subsequent to the issuance of a notice of violation within the time period required pursuant to subsection (B)(1) of this section, or in the case where a container is found to belong to a nonfranchised waste-hauling operator who was previously issued a notice of violation within the preceding twenty-four (24) month period, the City may cause the container to be immediately impounded at the owner's expense. The City shall serve upon the owner a written notice after impoundment by certified U.S. first-class mail, return receipt requested.

The notice after impoundment shall be accompanied by a photograph of the container as discovered by the City indicating the address where the container was discovered.

The notice after impoundment shall include the following:

1. That pursuant to the notice of violation previously issued to the owner, the owner was found to be in violation of Section 15.44.405 and was required to remove the subject container within the time period set forth in the notice of violation.

2. That either:

a. The failure of the owner to remove the container in the requisite time period set forth in the notice of violation would result in the City causing said container to be impounded at the owner's expense; or

b. The previously issued notice of violation informed the owner that all subsequent violations of Section 15.44.405 occurring within a twelve (12) month period from the expiration of the time period allotted for its removal in the notice of violation would result in its immediate impoundment upon discovery by the City at the owner's expense prior to any subsequent notice being issued.

3. That either:

a. Due to the owner's failure to remove the container in the requisite time period set forth in the notice of violation, the City caused said container to be immediately impounded at the owner's expense; or

b. Due to the owner having violated Section 15.44.405 within a twenty-four (24) month period from the date of expiration of the time period allotted for the removal of the roll-off container or dumpster described in the notice of violation, the City caused the container identified in the enclosed photograph to be immediately impounded at the owner's expense.

4. That upon presenting a receipt issued by the City showing payment in full of all impound and storage fees, the owner may reclaim the impounded container from the storage location.

5. That any and all fees for any impounded container must be paid within ten (10) business days from the date the notice after impoundment was sent.

6. That if the impounded container is not reclaimed within twenty-four (24) hours from the payment of the fees, additional storage costs will accrue and must be paid prior to reclaiming the container.

7. That the owner may make a request for a hearing as set forth in subsection (E)(1) of this section within ten (10) business days of the date of the notice of violation.

8. A copy of this chapter in its entirety.

D. Service of Notice of Violation Upon Unidentified Owners of Containers. The designated enforcement employee shall conduct a diligent investigation to identify the owner of any and all unmarked containers of nonfranchised waste hauling operations within the City for the purpose of promptly serving the owner through U.S. mail with a notice of violation. For purposes of this section, "unmarked containers" shall mean containers with insufficient information to identify and contact the owner of the container (i.e., lack of name, working phone number, valid address, etc.). When, despite diligent efforts, the identity of the owner of an unmarked container cannot be determined, the enforcement employee shall serve the notice of violation by leaving it firmly affixed to the container. The enforcement employee shall take a photograph that shows the notice affixed to the container. The owner shall be deemed to have been served at the time the notice is affixed to the container. All unmarked containers in the public right-of-way may be immediately impounded upon discovery by the City at the owner's expense prior to any subsequent notice being issued. Any unmarked container impounded pursuant to this section that is not claimed within ten (10) business days of impoundment or for which impoundment is not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City. All fees received by the City shall be used to offset the cost of implementing this chapter and to increase diversion.

E. Administrative Hearing.

1. Request for Hearing. Any responsible party to whom a notice of violation has been issued may contest that there was a violation of this section, or that he/she is the responsible party by filing a written request with the City Manager or designee for a hearing within ten (10) business days from the date of notice, accompanied by a fee set by resolution of the City Council. The City Manager shall set a date for a hearing to occur within thirty (30) calendar days from the date of the request.

2. Notification of Hearing. At least ten (10) business days prior to the date of the hearing, the City shall, by U.S. certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date, and location of the hearing. The City shall also provide the responsible party with any materials provided to the Hearing Officer at the time the materials are provided to the Hearing Officer.

3. Hearing Officer. Appointment and responsibilities of the Hearing Officer shall be in accordance with the following:

a. The City Manager shall appoint a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (referred to as the "Hearing Officer").

b. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the Hearing Officer's impartiality by filing a statement with the City Manager at least five (5) days prior to the date of the hearing, objecting to the hearing before the Hearing Officer and setting forth the grounds for disqualification, in which case the hearing shall be postponed pending a determination on the issue of impartiality. The question of disqualification shall be heard and determined in writing by the enforcement employee within thirty (30) days following the date on which the disqualification statement is filed.

4. Hearing Procedures. Administrative hearing procedures are as follows:

a. The administrative hearing is intended to be informal in nature.

b. Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of his/her case.

F. Administrative Order. The administrative order shall be issued in accordance with the following:

1. Within ten (10) business days of the conclusion of the hearing, the Hearing Officer shall provide the responsible party with his/her decision in writing (referred to as "administrative order"). The Hearing Officer shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party's last known business address.

2. The administrative order shall contain the Hearing Officer's reasons for the decision and the procedure described in subsection (H) of this section for seeking judicial review.

3. A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The City shall promptly return any impound fees paid by the responsible party and any bin or dumpster that was determined to be unlawfully impounded.

4. If the Hearing Officer renders a decision in favor of the City, the responsible party must comply with the administrative order or seek judicial review of the administrative order pursuant to subsection (H) of this section.

5. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys' fees, by the nonprevailing party.

G. Failure to Attend Administrative Hearing. The effects of failing to attend the hearing are as follows:

1. Waiver of Right to Hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the impound fees, and a failure to exhaust administrative remedies.

2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one (1) time.

H. Judicial Review. If an administrative order is rendered in favor of the City pursuant to this section, the responsible party may seek judicial review of the administrative order by doing one (1) of the following:

1. Appeal the administrative order pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Government Code Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal notice is filed within the period of twenty (20) calendar days, the decision shall be deemed confirmed and final; or

2. File a petition for a writ of mandate pursuant to Code of Civil Procedure Sections 1094.5 through 1094.8 within ninety (90) calendar days after service of the administrative order.

(Ord. 09-4 § 1, 4/28/2009; Ord. 22-3 § 1 (Exh. A), 1/25/2022; Formerly 15.44.755)