Simi Valley Municipal Code Ch. 3 Rubbish Collection and Disposal

Footnotes:

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Editor's note— Ord. No. 1332, § 1, adopted January 22, 2022, amended the title of Chapter to read as herein set out. The former Chapter 3 title pertained to Discards, Recyclable Commodities Collection And Disposal, And Related Provisions. Chapter 3 entitled "Regulations of Garbage and Rubbish Collectors", consisting of Sections 6-3.01 through 6-3.13, as added by Ordinance No. 273, effective December 29, 1976, operative January 2, 1977, amended in its entirety by Ordinance No. 334, effective February 22, 1978. Sections 6-3.01 through 6-3.36, as added by said Ordinance No. 334, as amended by Ordinance Nos. 375, effective December 27, 1978, and 396, effective July 4, 1979, amended in their entirety by Ordinance No. 437, effective October 29, 1980. Sections 6-3.01 through 6-3.42, as added by said Ordinance No. 437, as amended by Ordinance No. 555, effective December 14, 1983. Sections 6-3.01 through 6-3.46, as added by said Ordinance No. 555, as amended by Ordinance No. 685, effective May 25, 1988. Sections 6-3.01 through 6-3.46, as added by said Ordinance No. 555, as amended by Ordinance No. 599, effective March 27, 1985, amended in their entirety by Ordinance No. 685, effective May 25, 1988. Sections 6-3.01 through 6-3.46, as amended in their entirety by Ordinance No. 701, effective April 6, 1989. Chapter 3, consisting of Sections 6-3.01 through 6-3.46, codified from Ordinance No. 701, as amended by Ordinance Nos., repealed and replaced in its entirety by Ordinance No. 792, effective April 15, 1993. 721, effective January 18, 1990 and 764, effective December 19, 1991.

(a) The purpose of this chapter is to provide regulation and control of the collection and disposal of discards, recyclable commodities, and to provide for the regulation and control of the collection and diversion of discards from disposal at landfills through recycling, composting, or transformation of recyclables, and related provisions, in order to protect the public peace, health, safety, and general welfare of the people of the City. For these reasons, it is necessary that the collection and disposal of discards be accomplished in the manner provided in this Code, including, but not limited to, this chapter.

Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105—40200.

(b) The City shall have the ability to provide for or furnish integrated waste management services relating to collection, transfer, and disposal of discards, construction debris, and hazardous waste within and throughout the City. Such services may be furnished by any one or combination of the following:

(1) City officers and employees;

(2) Contractors franchised or licensed by the City; or

(3) Agreement with another local agency.

(§ 1, Ord. 792, eff. April 15, 1993)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Approved disposal area" shall mean any site, location, tract of land, area, building, structure, or premises authorized by law as a place for disposal, processing, or reclamation of discards.

"Bin" shall mean a discards container which may possess a fire resistant lid, the top of which shall not exceed seventy-two (72″) inches in height from the surface of the ground, and have a capacity of at least one and one-half cubic yards but not more than four (4) cubic yards.

"Blue container" shall mean the container designated for source separated recyclable materials.

"City" shall mean the City of Simi Valley.

"City Manager" shall mean the City Manager of the City of Simi Valley or the designee of the City Manager.

"Collector" shall mean, depending upon the context in which used, either the City, another local agency, or a franchisee or licensee.

"Commercial customer" shall mean any individual, entity, group, school, business, industry, or construction site, responsible for the removal of discards, using a bin at commercial rates or roll-off drop box for at least weekly collection of discards.

"Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined further below. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

"Compost" shall mean the product resulting from the controlled biological decomposition of organic wastes that are source separated from the discards stream.

"Container" shall mean any receptacle meeting the minimum container standards as set forth in the discards franchise agreements and approved by the City.

"Council" shall mean the City Council of the City of Simi Valley.

"Director" shall mean the Director of the Department of Public Works of the City of Simi Valley or the designee of the Director of the Department of Public Works.

"Discards" shall mean solid wastes, and recyclables (including but not limited to source separated recyclables), which have been abandoned or discarded and placed for collection by the owner of such material or their agent for collection by the City's franchised or licensed collector.

"Edible food" shall mean food intended for human consumption.

"Enforcement action" shall mean an action by the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other legal or equitable remedies.

"Food distributor" shall mean a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator.

"Food recovery service" shall mean a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

"Food scraps" shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Franchise" shall mean the right and privilege: (1) to collect, (2) to transport to landfill or other licensed disposal facilities as determined by City, and/or (3) to recycle discards kept, generated, and/or accumulated within the City from the franchise service area. Any franchise is subject to all of the provisions of Title 6, Chapter 3, the franchise agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

"Franchise fee" shall mean the fee or assessment imposed by the City on collector solely because of its status as collector. A collector awarded a franchise and subject to a franchise fee may be exempt from paying City business taxes by the City Council.

The term "franchise fee" does not include:

(1) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and collector or their services but not including a tax, fee, or assessment which is unduly discriminatory against collector or its customers); and

(2) Requirements, reimbursements, charges, or fees incident to the awarding, administering, enforcing, transfer, or renewal of a franchise including payments of bonds, consultants, administrative expenses, attorney's fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages.

"Franchisee," "franchised collector," "franchised solid waste collector," "authorized solid waste collector," or such alternate phraseology thereof, shall mean a hauler awarded a franchise agreement by the City Council.

"Garbage" shall mean any putrescible substance, including, but not limited to, animal feces, dead animals, or non-recyclable items.

"Gray container waste" shall mean solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container.

"Green container" shall mean the container used for the purpose of storage and collection of source separated green container organic waste.

"Gross revenues" shall mean any and all revenue or compensation in any form derived directly and indirectly by the collector, its affiliates, subsidiaries, parents, and any person or entity in which the collector has a financial interest, from the collection of discards pursuant to a franchise, including, but not limited to, monthly customer fees for collection of discards, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables (excluding Service Area A collector as identified in the discard franchise agreements), without subtracting franchise fees or any other costs of doing business. The amount of gross revenues may be reduced by the amount of any bad debts incurred by the collector or refunds returned to customers; provided, that the revenue with respect thereto has been included in the computation of gross revenues.

"Hazardous waste" shall mean any compound, mixture, substance, or article which, if improperly used, handled, transplanted, processed, or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive, or otherwise harmful to the environment, including wastes or solid waste defined as hazardous under State or Federal law.

"Householder" shall mean an occupant or possessor of improved real property in which that person resides.

"May" shall mean that which is permissive.

"Multifamily residential customer" shall mean an apartment, condominium, or townhome complex or mobile home park with five (5) or more dwelling units, for which the conditions, covenants, and restrictions or other operating documents of such complex or park require group rather than individual discards collection.

"Organic waste" shall mean solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste.

"Person" shall mean a natural person, or an artificial being which includes corporations, partnerships, or one that is recognized by law as the subject of rights and duties.

"Recyclable collector" shall mean any person who collects recyclable commodities.

"Recyclable commodity" shall mean any material that would otherwise become solid waste which is diverted from the solid waste stream for the purpose of recycling and/or composting and is donated or sold to a recyclables collector and not discarded by the owner. Recyclable commodities shall be considered discards if the recyclables collector charges the owner for removal or recycling the commodity.

"Recyclables" or "source separated recyclable materials" shall mean those waste materials generated on or emanating from residential, commercial, or industrial premises that are retained for recycling and/or composting. Such materials may include, but are not limited to, aluminum cans, bimetal cans, cardboard, glass containers, metal, plastic containers, newspaper, and paper, and organic waste.

"Recyclables collector" shall mean any person licensed by the City to collect recyclable commodities.

"Residential customer" shall mean single-family residences and any other residences that do not contract for bin services at commercial rates.

"Roll-off drop box" shall mean a box with a roll-off body or compactor with a capacity of at least ten (10) cubic yards, designed for mechanical pick-up by a vehicle.

"Self-hauler" shall mean a person who: (i) in accordance with all applicable laws may haul discarded recyclable materials, solid waste or organic waste, and (ii) is not primarily engaged in the business of collection, removal or transportation of discarded materials, but in the course of performing the person's primary business function incidentally transports discarded materials with equipment owned or leased by that person. A self-hauler may haul: (a) construction and demolition debris incidental to work undertaken by a licensed contractor; (b) a landscape or gardening service that hauls organic materials; or (c) the sale or donation of recyclable material he or she has generated to another person, so long as no payment, including reduced or net fees to a hauler, are paid to a third party. Self-hauler also includes a person who back-hauls organic waste; "back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's employees and equipment.

"Shall" shall mean that which is mandatory.

"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.

"Solid waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage; trash; refuse; rubbish; ashes; industrial wastes; demolition and construction debris; abandoned vehicles and parts thereof; discarded home and industrial appliances; dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste; manure; or animal solid and semisolid wastes; and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.

"Subscriber" shall mean any person or business who contracts discards collection services.

"Tier One commercial edible food generator" means a commercial edible food generator that is one of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

"Tier Two commercial edible food generator" means a commercial edible food generator that is one of the following:

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

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue.

(5) Large event.

(6) 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.

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

"Yard waste" shall mean materials generated from the maintenance or alteration of public, commercial, or residential landscapes including yard clippings, tree trimmings, prunings, brush, and weeds.

"Wood waste" shall mean any wood product which is not yard waste and is free of contamination by metal, paint, or other materials.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. 990, eff. January 18, 2001, § 1, Ord. 1029, eff. November 28, 2002, § 1, Ord. 1051, eff. December 15, 2003, § 1, Ord. No. 1332, eff. February 22, 2022 and § 1, Ord. No. 1362, eff. February 24, 2025)

Nothing in this chapter shall be constructed to limit or prohibit an individual or entity from composting organic material in compliance with guidelines promulgated by the Director; provided, that in a residential zone, the compost pile, compost bin, or compost container shall not be visible from the street.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

(a) It shall be unlawful for any person owning, occupying, using, managing, or in control of any premises or vacant lot within the City to permit an accumulation of solid waste, to become malodorous, unsightly, or unsafe to the public health or safety or a fire hazard or to deposit, keep, or accumulate, or permit or cause any solid waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land, or upon any public or private place, street, lane, alley, or driveway, except as allowed by this chapter.

(b) No person other than a person owning, occupying, managing, or in control of any premises shall set out or cause to be set out for collection any discards, or recyclable commodities, into any container, bin, or roll-off drop box other than those controlled or contracted by such person, except as provided in Section 6-3.14 of this chapter.

(c) No person owning, occupying, using, managing, or in control of any premises shall permit discards, solid waste, or recyclable commodities to accumulate or be blown about in a manner which creates an unsightly appearance or health hazard.

(d) No person other than the owner, occupant, manager, or person in control of the premises where discards, solid waste, or recyclable commodities containers are located, or the franchised collector or recyclables collector who provides collection services at the premises where the containers are located, shall tamper with, or remove any container or its contents or other equipment used for the storage of discards, solid waste, or recyclable commodities stored in such containers.

(e) Solid waste, exclusive of recyclables, produced or accumulated in or about any premises shall be disposed of or removed from the premises, other than commercial food establishments, at least once each week. Every person in charge of commercial food preparation establishments shall cause all solid waste to be removed from the property not less frequently than twice a week.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(a) Subscribe to the franchised haulers three container collection services, and comply with requirements of those services as described below in item (b), except commercial businesses that meet self-hauler requirements. The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.

(b) Except commercial businesses that meet the self-hauler requirements, participate in the City's organic waste collection service(s) by placing designated materials in designated containers. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

Commercial businesses that are Tier One or Tier Two 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: (i) the collection of edible food for food recovery; or, (ii) 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 the City or designated third party enforcement entity to access the premises and review records.

Commercial customers shall maintain an adequate number of bins and level of discards services to prevent overflowing bins or excessive accumulation of discards.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022 and § 1, Ord. No. 1332, eff. February 22, 2022)

Every person who places, deposits, or dumps discards, solid waste, recyclables, or recyclable commodities on the surface of the ground on any public or private premises; in any standing water or watercourse; in any open pit or excavation; in any place mentioned in Section 4476 of the Health and Safety Code of the State; or in any place whatsoever where such discards, solid waste, recyclables, or recyclable commodities are exposed or may be exposed to flies, mosquitos, or rodents; except at a sanitary landfill or discards, solid waste, recyclables, or recyclable commodities processing or transfer facility/recycling center approved and so designated by the City or County or any subdivision thereof; or who knowingly permits or allows the carcass of any dead animal or bird to remain exposed to flies, mosquitos, or rodents for more than twenty-four (24) hours upon any premises owned or controlled by him shall be guilty of a misdemeanor.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

(a) Accumulation of discards, solid waste, recyclables, or recyclable commodities. No person shall maintain any accumulation of discards, solid waste, recyclables, or recyclable commodities or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents. No person shall permit another person to maintain on his premises any accumulation of discards, solid waste, recyclables, or recyclable commodities, or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance.

(b) Public nuisance. Whenever the Director determines that there exists an accumulation of discards, solid waste, recyclables, or recyclable commodities, or a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance, the Director is hereby authorized to notify the owner or occupant of any private property within the City, or the agent of such owner or occupant, to properly dispose of discards, solid waste, recyclables, or recyclable commodities, located on such property. Such notice shall be by the personal issuance of a notice of violation, or by certified mail addressed to such owner or occupant, or the agent thereof, at owner/occupant's last known address.

(c) Notice of intent to abate. Upon the failure, neglect, or refusal of the person so notified pursuant to the provisions of subsection (b) of this section to properly dispose of such discards, solid waste, recyclables, or recyclable commodities, or to abate the breeding place or potential breeding place for flies, mosquitos, or rodents within five (5) days after the receipt of a written notice as provided in subsection (b) of this section, or within seven (7) days after the date of such notice in the event the notice is returned to the City because of inability to make delivery thereof, provided the notice was properly addressed, postage prepaid, and sent to the last known address of such owner or occupant or agent thereof by both first class and certified mail, return receipt requested, the Director shall serve upon the owner of record or occupant of the property, or the agent thereof, a notice of intention to abate. The notice shall be served, or when service by personal service cannot be accomplished, the property shall be posted. Any person receiving such a notice, within five (5) days, exclusive of Saturdays, Sundays, and City holidays, from the service of the notice, may request a hearing before the City Manager as set forth in subsection (d) of this section. If a hearing is not so requested, the Director shall proceed to abate the discards, solid waste, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as provided in subsection (e) of this section.

(d) Hearing. A request for the hearing provided for subsection (c) of this section shall be in writing and shall contain the name and mailing address of the appellant and a general description of the order being appealed. The request shall be given or mailed to the City Clerk. A hearing date shall be scheduled within ten (10) days from the receipt of the request for a hearing. Notice of the time, date, and place of the hearing shall be mailed by the City Clerk to the appellant and provided to the Director. At the time fixed for the hearing, the City Manager shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appellant and by the Director. Upon the conclusion of the hearing, the City Manager shall determine whether or not an accumulation of discards, solid waste, recyclables, or recyclable commodities or breeding place or potential breeding place for flies, mosquitos, or rodents exists and whether or not the Director shall cause the abatement of such accumulation or breeding place or potential breeding place.

(e) Abatement. In the absence of a request for a hearing or upon the neglect or refusal of any violator to comply with the order to abate provided for in subsections (b) and (c) of this section within the time allowed, the Director shall cause such accumulation of discards, solid waste, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents to be removed properly and disposed of by the City or by private contract, and the Director is hereby expressly empowered and authorized to enter upon the premises for such purposes as provided by law.

(f) Cost of abatement. When the City has effected the removal of such discards, solid waste, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as set forth in subsection (e) of this section, the owner or occupant of the property or the agent thereof shall be liable to the City for the costs of such removal and disposal. An itemized account of the cost of abatement including the actual expenses and cost of the City in the preparation of notices, staff inspections, and cost of preparing, printing, and mailing notices as required by this chapter, must be provided to the owners and/or persons maintaining the accumulation with a notice of the time when such costs shall be due and payable.

(g) The procedure set forth in this section shall not limit or restrict the City from enforcing this section or any other provision of this chapter in any other manner provided by law, including civil or criminal prosecution.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

No solid waste shall be disposed of in or near public discard containers placed by the City or other public entity in public places except for the purpose of solid waste disposal use by pedestrian or vehicular traffic.

(§ 1, Ord. 792, eff. April 15, 1993)

The City Council may establish the manner in which integrated waste management services are provided within the City.

(a) Burning. It shall be unlawful at any time for any person, including a collector, to burn any discards, solid waste, recyclables, or recyclable commodities, within the City, without having first complied with all rules and regulations of the City, the County, the Air Pollution Control District, and the State.

(b) Burying and dumping. It shall be unlawful at any time for any person, including a collector, to bury or dump any discards, solid waste, recyclables, or recyclable commodities within the City, except at an approved disposal area or permitted discards, solid waste, recyclables, or recyclable commodities processing or transfer facility, and then only in accordance with the rules and regulations governing the use of such disposal areas.

(c) It is unlawful for any person to place discards in, or to otherwise use the discard containers of another person.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

No provision of this chapter shall be construed to permit the violation of any law of the City, State, or the Federal government by any person.

(§ 1, Ord. 792, eff. April 15, 1993)

(a) Residential containers. Residential customers are those customers contracting for weekly discards collection and disposal. No person shall maintain or place for collection any container not in conformance with the standard container or bin designated by the City. When not being filled or emptied, all containers shall be tightly closed. The containers may be furnished by the City or collector when approved and directed by the City.

(b) Commercial bins and roll-off drop boxes. Every commercial customer shall contract with a collector to provide a bin or roll-off drop box services for the removal of discards.

(§ 1, Ord. 792, eff. April 15, 1993, § 2, Ord. 1029, eff. November 28, 2002)

(a) General. No person shall place or cause to be placed any container, bin, or roll-off drop box on any sidewalk, street, road, highway, or alley at any place or in any manner other than as provided in this chapter. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety, or the environment, which may develop in any specific area as a result of discards collection, the Director may regulate the routes, intervals, delivery points, and times for collection by all collectors operating within the City.

(b) Time. No person shall place or cause to be placed any discards container, bin, or bundled discards on any sidewalk, road, street, or highway at any time other than on the day established for the collection of discards on the particular route or before 4:30 p.m. on the day immediately prior to such collection, or permit such container to remain thereon not later than 10:00 p.m. on the designated day of collection.

(c) Storage. No person shall cause or permit containers or residential composting bins to be placed at any location whereby the containers or residential composting bins may be visible from private streets and public rights-of-way, unless located behind a side yard fence, gate, or wall except when placed out for collection as provided in Section 6-3.12(b).

(d) Location. Any container placed for collection along a street shall be placed at the street. No container shall obstruct the use of the public right-of-way. Any such container, bin, or roll-off drop box placed for collection in any alley shall be placed as close to the property line as practicable. Every business owner shall provide an accessible location for bins and roll-off drop boxes and shall keep said area in good repair, clean, and free from discards, solid waste, recyclables, or recyclable commodities outside of the bins and roll-off drop boxes.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. 994, eff. March 15, 2001, § 3, Ord. 1029, eff. November 28, 2002, § 2, Ord. 1051, eff. December 15, 2003 and § 1, Ord. No. 1332, eff. February 22, 2022)

For the protection of the collector and efficient handling, all discards shall be placed in containers, roll-off drop boxes, or bins, unless otherwise provided for in this section. All discards shall be kept free of all liquids and further prepared in the following manner:

(a) Discards shall be prepared for collection according to the guidelines established by the City. Any discards not prepared in accordance with this section need not be collected by any collector.

(b) Placement for collection by the City's discards collector shall constitute an abandonment by the owner of the material and ownership shall vest with the City's discards collector, subject to the right of the party placing the material for collection to reclaim lost property.

(c) Until removed by collector, each person shall be responsible for the cleanup of any and all discards which that person has generated, dumped, spilled, or otherwise lost or littered, notwithstanding human or animal interference with bins or containers (whether or not standard containers were used), wind or other natural forces, and whether during storage, collection, removal, or transfer. The collector shall be responsible for any discards spilled during its storage, collection, removal, or transfer.

(§ 1, Ord. 792, eff. April 15, 1993, § 4, Ord. 1029, eff. November 28, 2002)

(a) The owner, occupant, or other person responsible for the day-to-day operation of any property in the City shall make arrangements with a collector for the collection of discards generated at the property as set forth in this chapter.

The failure of any subscriber to promptly remit the service charges when due and payable shall entitle the collector to cease service to that residential or commercial location for which payment is due upon completion by the collector with appropriate notification procedures approved by the City.

(b) Commercial premises shall utilize the services of a collector for the collection of discards from the commercial premises held or occupied by said commercial business owner and shall pay the fees for such services as approved by the City Council. No commercial business owner shall enter into an agreement for discards collection services with any person, firm, or corporation other than a franchised/licensed collector, except as otherwise provided in this chapter.

(c) Single-family organic waste generators shall participate in the City's three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

(a) All self-haulers, prior to waiver approval, must identify the facilities to which they will transport organic waste. The City reserves the right to adopt an application and permit procedure, which may be adopted by City policy or City Council resolution, for the identification, registry and/or regulation of self-haulers.

(b) Any self-hauler shall haul source-separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source-separated organic waste.

(c) Self-haulers, other than residential generators, of organic waste shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the City.

(d) Organic waste delivery records for self-haulers shall include delivery receipts and weight tickets, and the amount of material in cubic yards transported by the generator to the facility.

(§ 2, Ord. No. 1362, eff. February 24, 2025)

It is unlawful for any person, other than a person holding a license or franchise for the collection of discards, to take, remove, or appropriate for his/her own use any discard which has been placed for collection or removal, whether the discard is so placed in regular containers or not. No person shall engage in the collection of discards without valid authorization from the City.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.15 as § 6-3.16. The historical notation has been retained with the amended provisions for reference purposes.

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Sections 41900 et seq., the City may set rates and charges for discards collection. Such fees may include charges for collection, landfills, recovery of recyclables, composting, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The City may determine to collect all or part of such charges on the tax roll, or by such other means as the Council may elect, whether or not delinquent.

(a) The City Council may award one or more franchises for discards collection from all or a portion of residential properties in the City. Any such franchise shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of a franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1) Residential collection rates by categories (e.g., single-family and multifamily).

(2) A franchise fee to be paid to the City for a residential franchise of not more than ten (10%) percent of gross revenues.

(3) The collector shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and to implement measures to achieve the City's solid waste goals.

(b) The City Council may award one or more franchises for discards collection from commercial (including industrial, governmental, institutional, and all other nonresidential) and multifamily residential properties. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1) Commercial and multifamily residential collection rates set according to different classes of commercial and multifamily residential rates, based on volume, frequency of collection, and waste stream composition.

(2) A franchise fee for commercial and multifamily residential franchises of not more than ten (10%) percent of gross revenues.

(3) Collector franchisees shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and implementing measures to achieve the City's solid waste reduction goals.

(c) The City Council may award one or more franchises for collection of demolition and construction debris. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1) Demolition and construction debris rates set according to different classes of demolition and construction debris, based on volume, frequency of collection, and waste stream composition.

(2) A franchise fee for demolition and construction debris franchises of not more than ten (10%) percent of gross revenues.

(3) Collectors shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and implementing measures to achieve the City's solid waste goals.

(d) The City Council may award one or more franchises for hazardous waste collection from commercial (including industrial, governmental, institutional, and all other nonresidential) properties. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion.

(e) No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, landfill, composting facility, or buy-back recycling center without a license issued by the City, upon satisfying all City requirements for land use and other approvals. Fees for such licenses shall be set by the City Council.

(f) At such times as one or more franchises for collection covering all or part of the City are in force, it shall be unlawful for any person other than the franchisee or its agents and employees to collect any franchised materials for hire from premises covered by the franchise.

(§ 1, Ord. 792, eff. April 15, 1993 as amended by § 2, Ord. No. 1344, eff. November 24, 2022)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.16 as § 6-3.17. The historical notation has been retained with the amended provisions for reference purposes.

If the Council chooses not to award a franchise(s) for commercial discards, the following licensing process will apply.

Every person collecting commercial discards shall obtain a license for discards collection by making a written application to the Director therefor, setting forth the following information:

(a) The name of the applicant;

(b) The description of the applicant;

(c) The permanent home address of the applicant;

(d) The permanent business address of the applicant;

(e) The nature of the discard collecting business to be conducted;

(f) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, the nature of the offense, and the punishment or penalty assessed therefor, exclusive of traffic violations of the Vehicle Code of the State not constituting a felony; and

(g) The proposed discard collection zones in which the applicant is intending to offer service.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.17 as § 6-3.18. The historical notation has been retained with the amended provisions for reference purposes.

If the Director finds that the application complies with all the requirements of this chapter, the Director may refer the application to the Council. A public hearing by the Council shall be scheduled as soon as reasonably possible for the consideration of the application and the need and necessity to provide for an additional collector for the collection of discards. Fees for such licenses shall be set by the City Council.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.18 as § 6-3.19. The historical notation has been retained with the amended provisions for reference purposes.

(a) All equipment of the collector used in the City shall be maintained at all times in good mechanical condition and shall be inspected by the California Highway Patrol annually.

(b) The truck's sides and covers shall be so constructed, used, and maintained that discards will not blow, fall, or spill out of the truck into the streets of the City at any time.

(c) All equipment shall be cleaned at least weekly and shall be maintained at all times in a manner to prevent unnecessary noise during its operation.

(d) All commercial discards collection vehicles operated within the City shall bear the name and telephone number of the collector and a vehicle number, all clearly identifiable from a distance of fifty (50') feet.

(e) All persons operating commercial discard collection and transportation equipment shall do so in compliance with all applicable Federal, State, and local laws, rules, and regulations.

(f) Commercial discard collection vehicles shall not be operated in a manner which results in undue interference with normal traffic flows.

(g) Loaded commercial discard collection vehicles shall not be parked or left unattended on the public streets.

(h) No commercial discard collection vehicle shall be parked overnight on a public street or thoroughfare.

(i) Every vehicle used for the collection or transportation of commercial discards within the City shall be equipped with a broom and such other equipment as necessary to clean and pick up any debris of any sort deposited upon the streets, roads, highways, sidewalks, or private property by reason of the activity of the collector within the City.

(j) Every commercial discard collector operating or working on or with such a vehicle shall immediately clean, pick up, haul away, and dispose of any debris left or deposited upon the streets, roads, highways, sidewalks, or private property within the City by reason of the activities of the collector.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.19 as § 6-3.20. The historical notation has been retained with the amended provisions for reference purposes.

(a) No person shall place any bin or drop box on any public property without first obtaining an encroachment permit from the City pursuant to this Code.

(b) Each commercial discard collector shall collect commercial discards accumulated by each commercial customer as many times as found necessary for proper sanitation, but no less than weekly.

(c) No person authorized to collect or transport commercial discards shall trespass on any private property beyond the extent necessary to collect the commercial discards properly placed for collection without property authority.

(d) All persons collecting or transporting commercial discards within the City shall exercise diligence to minimize the noise attendant to the operation and shall conform to this Code as it relates to noise.

(e) At such time as the commercial discard material is collected by the collector the commercial discards shall become the property of the collector.

(f) The commercial discards collector shall make standard bins or roll-off drop boxes available for use by commercial customers.

(g) No commercial discard collector shall collect discards in the City between the hours of 7:00 p.m. and 4:00 a.m. Such times may be adjusted upon written authorization by the Director as he or she deems appropriate, based upon the location and physical circumstances supporting the request.

(h) No person shall collect or transport commercial discards within 200 feet of a public or private elementary, junior high, or high school during the one-half (½) hour before the commencement of the regular school day and one-half (½) hour following the conclusion of the regular school day.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.20 as § 6-3.21. The historical notation has been retained with the amended provisions for reference purposes.

Upon an application by any commercial discard collector, the Council may hold a public hearing, or upon termination of any or all of the agreements by commercial collectors or by the City, the Council may hold a public hearing to determine the need and necessity of additional commercial collectors to service the community. The public hearing shall be held after not less than ten (10) days prior written notice thereof to each existing commercial collector, to the applicant, and by publication in a newspaper of general circulation. All existing commercial collectors and all applicants shall supply such information as may be required by the Council for the hearing to determine the need and necessity to provide for additional commercial collectors for the collection of commercial discards. Such information shall be presented to the Director within seven (7) days after a request therefor, unless the Director in his or her discretion, extends such time period upon a petition showing good cause. Failure to provide such information shall result in denial of the application or the institution of revocation proceedings pursuant to Section 6-3.24 of this chapter. Failure to provide such information shall be deemed a "continued or willful violation of any of the terms and provisions of this chapter" for purposes of said Section 6-3.24.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.21 as § 6-3.22. The historical notation has been retained with the amended provisions for reference purposes.

Nothing contained in this chapter shall prevent a licensed collector to subcontract for the collection of discards with any other collector licensed by the City.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.22 as § 6-3.23. The historical notation has been retained with the amended provisions for reference purposes.

Any commercial license issued pursuant to the provisions of this chapter, in addition to any other remedy available to the City, may be terminated or revoked as follows:

(a) Notices. In the event of a failure of performance on the part of a collector pursuant to this chapter affecting the public health and welfare, in the event of a continued or willful violation of any of the terms and provisions of this chapter or the agreement authorized hereby, or in the event a collector fails to conduct a discard collection business in the City for one year as evidenced by the company's failure to obtain a business tax receipt, the Director shall provide a written notice of the failure of performance or other violation of this chapter to such collector or licensee.

The collector, within thirty (30) days, shall take action to cure the failure of performance or the continued or willful violation of the terms of this chapter. Upon the failure of performance or other violation of this chapter within such time, the Director may request that the Council hold a public hearing on whether the license and all rights and privileges of the collector thereunder should be revoked.

(b) Public hearings. Such public hearing shall be after at least ten (10) days written notice to the collector setting forth the charges of the Director and setting forth the time and place of the hearing. If the Council, after hearing and receiving all evidence and testimony relevant and material to the charges offered at the hearing, finds that there has been failure of service affecting the public health and welfare or a continued or willful violation of this chapter or of any provision of the license issued pursuant to this chapter, the Council may revoke, suspend, amend, or condition the continuance of such license.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.23 as § 6-3.24. The historical notation has been retained with the amended provisions for reference purposes.

No person shall assign or transfer any agreement made or license issued pursuant to this chapter to any other person without the express approval of the Council. Any assignment without obtaining the prior approval of the Council shall terminate all rights of such person, subject to an appeal to the Council. In the event of an appeal by any person alleged to have assigned any rights under his license without the permission of the Council, the Council shall hold a noticed public hearing for the purpose of allowing the appellant to show cause why the Council should not sustain the termination of rights. After the conduct of the hearing, the Council may revoke, suspend, amend, or condition the continuance of such license.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.24 as § 6-3.25. The historical notation has been retained with the amended provisions for reference purposes.

No person shall operate a commercial discard collection truck within the City unless at the time such truck is being operated within the City there is on file with the City Clerk a valid, signed agreement to defend, indemnify, and hold harmless the City and its officers, boards, commissions, agents, and employees against and from any and all claims, lawsuits, liabilities, or damages of whatsoever nature arising out of or in connection with operations performed by the collector and shall maintain adequate general and automobile liability insurance to protect from any claims for damages for personal injuries, including death, and for damages to property which may arise. A City approved endorsement or copy of the insurance policies shall be submitted and approved providing combined single limits of One Million and no/100ths ($1,000,000.00) Dollars per occurrence for general liability and auto liability coverage. The City, its officers, employees, and agents shall be named as additional insureds in any of such insurance policies. Such policies shall be written on an occurrence form and shall not be subject to cancellation or material modification except upon not less than thirty (30) days written notice to the City Clerk by certified mail. Aggregate limits policies or endorsements shall be accompanied by a listing of prior claims to enable the City to ascertain the adequacy of the pro-offered coverage.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.25 as § 6-3.26. The historical notation has been retained with the amended provisions for reference purposes.

Any person who collects commercial discards within the City shall first agree to indemnify, defend, and hold harmless the City and its officers, employees, and agents against, and in respect of, any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees, that the City shall incur or suffer which arise, result from, or relate to the collection, transportation, or disposal of commercial discards within the City by such person.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.26 as § 6-3.27. The historical notation has been retained with the amended provisions for reference purposes.

(a) Residential exemption. Residents who own a place of business within the City and subscribe for weekly commercial bin service exclusively for their business may be exempted from the provisions of Section 6-3.14(a); provided, that they execute and file with the City a request for exemption. Said request for exemption shall stipulate that the commercial service be used only for discards generated by their business; residential discards generated by the subscriber at their primary residence may be disposed of in the commercial bin; at all times the commercial subscription shall be kept current; and that all of the other provisions of this chapter shall be observed. Additionally, proof of commercial subscription shall be provided at the time the request for exemption is submitted and shall be updated when required by the City. Failure to comply with the above requirements shall invalidate the exemption.

(b) Residential householder and commercial solid waste exclusions. An owner or occupant may collect and haul solid waste generated in or on their residential or commercial premises on an occasional non-regular basis to a permanent site where disposal or processing thereof is pursuant to applicable laws, provided; however, that such person complies with the minimum standards of health, sanitation, and disposal as set forth in this chapter, and no person (other than a Collector as defined in this chapter) providing a hauling service for a fee, charge, or other consideration, and who disposes of such material at a transfer station or landfill shall be involved.

(c) Residential householder's exclusion. No person, except the City franchised collector or recyclable commodities collector shall collect recyclable materials from any residential premises in the City. However, no provision of this chapter shall prevent a residential household from donating or selling recyclable materials generated in or on the residential premises.

(d) Commercial exclusion. No business or enterprise shall employ or use any person other than the City collector to collect recyclable materials for a fee, charge, or other consideration. However, no provision of this chapter shall prevent a business from selling or donating to a recyclable collector any source separated recyclable materials generated in or on the premises of the commercial entity.

(e) Gardeners' exclusion. No provision of this chapter shall prevent a gardener, tree trimmer, or person engaged in a related trade from collecting grass cuttings, prunings, and other similar material not containing solid waste, as an incidental action as a result of providing such gardening, tree trimming, or related service, in the ordinary course of the licensed business; provided, that the transport of such material shall be to a location where such material shall be lawfully disposed of or processed.

(f) Contractor's exclusion. Licensed primary contractors may transport demolition or construction debris only when the material is generated by their own business at their place of business, or when employed under contract by the owner of a lot or parcel, from said lot or parcel, for demolition or construction services. However, if the licensed primary contractor subcontracts the transporting of demolition or construction debris, such trans-portation, shall be provided by a franchised collector, if one or more are designated. If the removal of demolition and construction debris is franchised, then it shall be unlawful for the licensed contractor to allow subcontractors solely employed to haul discarded construction or demolition debris from the worksite. If the removal of demolition and construction debris is franchised, an owner of a lot or parcel shall not hire a primary contractor for the sole purpose of clean-up and transportation service in avoidance of collection, transportation, and disposal services provided by a franchised collector. If the removal of demolition and construction debris is franchised, no primary contractor shall employ or use any person other than the City franchised collector to collect salvageable or recyclable materials for a fee, charge, or other consideration. However, no provision of this chapter shall prevent a business from selling or donating to a recyclables collector any source separated recyclable material generated at the work site.

(g) Franchise required. No person shall operate a business that collects, gathers, transports, processes, removes and/or disposes of discards produced within the City, other than as provided in this Chapter, without having first obtained a franchise, if optioned by City, in accordance with the provisions of this chapter.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 2, Ord. 990, eff. January 18, 2001)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.27 as § 6-3.28. The historical notation has been retained with the amended provisions for reference purposes.

The City Council may establish the manner in which franchised integrated waste management services are provided within the City, specifying the hours, days, and frequency of collection.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.28 as § 6-3.29. The historical notation has been retained with the amended provisions for reference purposes.

All discards collected by the collector shall be disposed of by the collector in accordance with all Federal, State, and local laws and regulations. The City may require that any discards collected by a collector be delivered to a materials recovery facility, transfer station, intermediate processing facility, composting/mulching facility, landfill, or other location or facility designated by the City. Any exercise of "flow control" by the City shall be made with at least thirty (30) days written notice to collector. No collector shall enter into any agreement for the sale or disposal of any material collected within the City without the written consent of the City.

(§ 1, Ord. 792, eff. April 15, 1993)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.29 as § 6-3.30. The historical notation has been retained with the amended provisions for reference purposes.

(§ 1, Ord. 792, eff. April 15, 1993; repealed by § 4, Ord. 990, eff. January 18, 2001)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.30 as § 6-3.31. The historical notation has been retained with the amended provisions for reference purposes.

(a) Nothing in this chapter shall deny the right of any person to transport any recyclable commodities produced on premises owned or occupied by such person provided the person complies with the minimum standards of health and sanitation and disposal as set forth in this chapter.

(b) It shall be unlawful for a recyclables collector to charge the residential, commercial, or industrial owner of recyclables for removal or recycling of recyclable materials. Such charge is in violation of the City's right to regulate solid waste collection to protect public health, safety, and welfare.

(c) All persons collecting or transporting recyclable commodities within the City shall exercise diligence to minimize the noise attendant to the operation and shall conform to this Code as it relates to noise.

(d) The recyclables collector shall make containers, bins, or roll-off drop boxes available for use by commercial customers if recyclable commodities are placed outside any building on the premises for collection.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 3, Ord. 990, eff. January 18, 2001)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.31 as § 6-3.32. The historical notation has been retained with the amended provisions for reference purposes.

(a) Penalties. In addition to any other remedy provided by law, any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, issued a notice of violation and assessed a fine as set forth by resolution, or misdemeanor.

(b) Recovery. Any fines or penalties imposed pursuant to this chapter which remain unpaid may be recovered by the City pursuant to the provisions of Chapter 2 of Title 1 of the Simi Valley Municipal Code.

(c) Remedies. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the City, and no judgment under this chapter shall preclude the City from obtaining relief based upon the same facts.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. No. 1332, eff. February 22, 2022)

Editor's note— Ord. No 1362, § 3, adopted Feb. 24, 2025, renumbered the former § 6-3.30 as § 6-3.31. The historical notation has been retained with the amended provisions for reference purposes.

(a) No person other than a City authorized solid waste collector shall place a container for the accumulation of solid waste on any public right-of-way or at any premises within the City to collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the City that has not been placed by an authorized solid waste collector.

(b) The City may post a notice to remove, as described below, on any unauthorized container placed on any public right-of-way or public or City-accessible private property within the City, in violation of this chapter in accordance with any applicable law. The notice to remove the container shall specify the nature of the violation and shall state that the unauthorized container must be removed within twenty-four (24) hours, or by a specific date and time as determined by the City on a case by case basis. The container may be impounded and held by the City franchised solid waste collector, responsible for the public or City-accessible private property location where the container was placed, and the contents disposed of at the expense of the owner thereof, at the discretion of the franchised solid waste collector.

(c) If the unauthorized container is not removed within twenty-four (24) hours after the notice to remove is posted or by the date and time specified on the notice, the City may direct the impoundment and storage of the unauthorized container and its contents if they contain solid waste. In all cases where the owner of the unauthorized container, whether acting alone or in concert with others, including any affiliate, agent, broker or subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment of a fee or other consideration in any form or amount from the customer in exchange for rendering all or any aspect of the service for which the container was supplied, the owner of the container shall reimburse the City franchisee for the actual cost of impoundment, storage and disposal of the contents of the container. All amounts due to the City franchisee for the cost of impoundment and disposal must be paid before the container may be returned to the owner.

(d) If a container that has been impounded pursuant to this section is not claimed within thirty (30) days after removal and notice to the owner, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. Where the contents present imminent threat to public health and safety or consist of putrescible matter, medical waste or hazardous waste, as determined by the City, the waste may be processed or disposed of without awaiting the expiration of the thirty (30) day claim period.

(§ 4, Ord. No. 1362, eff. February 24, 2025)