Article 7-05

DISCARDED MATERIAL AND C&D DEBRIS DISPOSAL*

Sections:

This Article is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City. (Ord. No. 384, § 1A(Exh. 1), 11-17-2021)

For the purposes of this Article, the terms used in this Article shall have the meanings set forth in Article 17-10, unless the context or the provision clearly requires otherwise.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021)

*Editor’s note— Ord. No. 384, § 1A(Exh. 1), adopted November 17, 2021, amended Article 7-05 in its entirety to read as herein set out. Former Article 7-05, §§ 7-05.010—7-05.320, pertained to garbage disposal, and derived from Ordinance 71.6, adopted September 17, 1986; Amended by Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 348, § 1(Att. A, § 2), January 18, 2017.

Ord. No. 400, § 1(Att. A), adopted May 1, 2024, amended the title of Article 7-05 to read as set out herein. The former title of Article 7-05 pertained to discarded material disposal.

All residents, property owners, and businesses shall comply with the Mandatory Organic Waste Disposal Reduction ordinance set forth in Article 17-10. (Ord. No. 384, § 1A(Exh. 1), 11-17-2021)

No more than one week's accumulation of discarded materials shall be kept or permitted to remain upon any premises in the City. At least once a week, all discarded materials produced, kept, deposited, placed or accumulated upon any premises in the City shall be disposed of in accordance with Article 17-10. (Ord. No. 384, § 1A(Exh. 1), 11-17-2021)

(a) All discarded material containers shall be kept in a sanitary condition, continuously closed with a tight fitting cover.

(b) No discarded materials container shall be placed at curbside or other location visible to the public prior to 12:00 noon on the day preceding the day on which the contents of the container are scheduled to be picked up , and all containers shall be removed from the curbside or other location visible to the public not later than 12:00 noon on the day following the day on which the contents of the discarded materials container has been picked up by the exclusive hauler.

(c) Except during the period of time specified in Paragraph (b) of this Section, no discarded materials container may be placed, kept or stored within any front yard or exterior side yard and all containers shall be fully screened from public view by a structure, fence, wall or landscaping.

(d) No discarded materials container shall be placed in any manner such that the container impedes normal, unobstructed vehicular traffic, but may be placed in bike plans pursuant to section 7-05.100, public transportation, pedestrian, or wheelchair access to public rights-of-way.

(e) All C&D debris shall be containerized in rolloff containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed

(Saratoga Supp. No. 57, 1-26)

117

7-05.050

on a public right-of-way or private alley and no encroachment permit shall be issue [issued] for such containers.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024; Ord. No. 413, § 1(Exh. A, § 8), 11-5-2025)

No discarded materials or C&D debris may be burned upon any premises within the City, except as specifically authorized by a permit issued by the Bay Area Air Pollution Control District and as permitted by the chief of the fire district within which the premises is located.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024)

No person shall deposit, accumulate, store or burn any type of discarded materials or C&D debris upon public streets, public parks or other public property, except as produced incident to the authorized use of such public property which shall be deposited in designated containers for collection.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024)

(a) The exclusive hauler shall have the sole and exclusive right for discarded materials collection services provided for in this code for all residential, multifamily, and commercial businesses located within the City, with the following exceptions:

(1) Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (i) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or, (ii) have a value equal to or more than the cost of collection.

(2) Commercial business owner or resident may collect and transport discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.

(3) Any items that are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations.

(4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.

(5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.

(6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.

(7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler.

(8) Organic materials composted on a residential premises or otherwise legally managed at the site where it is generated or at a community composting site.

(9) Animal waste and remains from slaughterhouse or butcher shops, or grease.

(10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.

(11) Excluded materials regardless of their source.

(12) Materials generated by State and County facilities located in the City, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.

(b) No person shall collect C&D debris produced, kept or accumulated within the City, unless such person holds a valid and current contract with the Regional Agency or is an agent or employee of the City acting

(Saratoga Supp. No. 57, 1-26)

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within the course and scope of their employment provided, however, that C&D debris may be self-hauled by the generator.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024)

No person shall, in any manner, interfere with the performance of discarded material or C&D debris collection services being rendered by the exclusive or a C&D hauler, or by an agent or employee of the City acting within the course and scope of his employment, Performing or retaining a third party to perform any such collection service by a person who is not authorized shall constitute a violation of this Section. (Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024)

The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 and Article 17-10 of this Code, and, for violations concerning construction and demolition debris, issuance of a stop work order pursuant to Chapter 16 of this Code. (Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 413, § 1(Exh. A, § 8), 11-5-2025)

(a) It shall be unlawful to deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the exclusive hauler, any discarded material produced from another premises where such action results in the avoidance or reduction of any collection service charges that would otherwise be payable for collection of such discarded material from the premises at which it was produced.

(b) It shall be unlawful to deposit or place any discarded material or C&D debris into a container for pick up by the exclusive or a C&D hauler, without permission to do so from the person owning, renting or otherwise entitled to use such container .

(c) It shall be unlawful to deposit or place any discarded material or C&D debris upon any public or private premises without permission to do so from the owner or legal occupant of such premises. The exclusive hauler for collection of discarded materials is granted by the City the rights to encroach on the public rightof-way, including if necessary, bike lanes, for that period during which containers are permitted to be placed by the exclusive hauler's customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the Regional Agency.

(Ord. No. 384, § 1A(Exh. 1), 11-17-2021; Ord. No. 400, § 1(Att. A), 5-1-2024)

118.1

(Saratoga Supp. No. 57, 1-26)

7-10.110

(1) Cause connection to be made to the existing public sewer facilities within the time period determined by the Health Officer pursuant to section (b), not to exceed five (5) years from the date of such determination, or upon demand of the Health Officer, whichever date comes first, based upon a determination that one or more of the conditions recited in section (b) above have changed so that such existing sewage treatment and disposal constitutes a public nuisance.

(2) Notify any purchaser or transferee for consideration of any rights in and to such property of the existence of such a covenant and the performance or nonperformance thereof prior to such purchase or transfer.

Any appeal to the decision of the Health Officer pursuant to Articles 1 and 2 of this Chapter shall be made to the Board of Appeals by filing a written appeal in accordance with the provisions in Section 3-15.080 of the Code of the City of Saratoga. (Ord. 71-192 § 2 (part), 1999)

Private on-site sewage disposal systems which the Health Officer determines are not operating in compliance with the requirements of Division B-11, Chapter II, Articles 1 and 2 of the Code of the County of Santa Clara, are deemed by the City Council to be a public nuisance and may be abated in the manner set forth in Articles 3-15 and 3-20 of the Code of the City. (Ord. 71-192 § 2 (part), 1999)

(d) The five year maximum time period set forth in section (b) may be extended by the City Council only upon a determination of financial hardship. (Ord. 71-192 § 2 (part), 1999)

Section B11-29.1 of the Code of the County of Santa Clara is amended to read as follows:

Section B11-29.1. Record Notice of Violation.

The Health Officer shall record a notice of the existence of a substandard sewage disposal system violation in the office of the County Recorder, and shall notify the owner of the affected real property and any other known party responsible for the violation that such action has been taken. This notice is to inform all parties that no improvements, including building additions, can be approved while the substandard sewage disposal system continues in operation. (Ord. 71-192 § 2 (part), 1999)

Section B11-30 of the Code of the County of Santa Clara is amended to read as follows:

Section B11-30. Appeal From Denial, Revocation

or Suspension.

121

(Saratoga Supp. No. 56, 7-25)

7-12.010