Suisun City Municipal Code Art. II Solid Waste Collection and Disposal

A. All improved properties within the city shall provide permanent solid waste receptacle enclosure facilities. The enclosure shall be six feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and with a solid gate six feet in height providing access to the trash area. If the enclosure is not within a gated building or community, it must also have a roof. Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures shall be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25 percent, but in any event all improved property shall comply with this requirement within 12 months of the effective date of the ordinance from which this chapter is derived. All construction shall be in accordance with applicable city standards.

B. Any property that cannot come into compliance with this requirement due to physical constraints of the property must make application to the director of community development for a minor variation. The provisions of this section will be waived or modified only to the extent necessary to achieve this section's purposes in light of the restrictions at the property.

(Ord. No. 804, § 2, 10-3-2023)

It shall be the duty of every owner of every improved premise in the city, whether residential, commercial, industrial or institutional, to subscribe to and pay for solid waste collection service from the authorized contract agent. An owner may authorize a tenant to act in their behalf to subscribe and pay for service, but such action shall not relieve an owner from their liability hereunder; and, unless notice to the contrary is given the contractor, any additional services contracted for by a tenant so authorized to act shall be chargeable to the owner.

Residents of the city shall be allowed to place solid waste and yard waste containers in front of their property against the curb for collection on the same day they receive solid waste collection service, provided that this is done in strict accordance with this chapter and Chapter 8.10, as applicable, and any rules and regulations established by the city administrator. The solid waste shall be placed in company-provided containers.

(Ord. No. 804, § 2, 10-3-2023)

Required minimum trash receptacle capacity shall be as follows:

A. Multiple-family unit, housing, 60 gallons per unit. Excluded from this definition of "multiple-family units" (three or more) are specialized housing types, such as congregate care and communal living facilities, senior apartments and other similar group housing arrangements.

B. Every property owner shall have available and utilize receptacles of an adequate size and in sufficient numbers to contain without overflowing, all the solid wastes generated within the designated removal period. This shall be done by subscribing to solid waste collection service available from the city's solid waste collection contract agent.

(Ord. No. 804, § 2, 10-3-2023)

No solid waste shall be transported on any of the streets, alleyways or public thoroughfares of the city unless the same is transported in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown upon the streets and adjacent lands.

(Ord. No. 804, § 2, 10-3-2023)

Every truck used in the collection, transportation or disposal of solid waste shall be kept well painted and clean, both inside and out.

(Ord. No. 804, § 2, 10-3-2023)

At such time as there is in force a contract entered into by the city with any person, firm or corporation for the collection, transport and disposal of solid waste in the city, it is unlawful for any person other than that contract agent and its agents to collect, transport or dispose of any solid waste within the city. Persons other than that contractor and its agents may lawfully collect, transport or dispose of solid waste only where one of the following conditions apply:

A. The solid waste consists only of construction or demolition waste hauled or removed only by the landowner or occupant, an uncompensated third party acting at the request of the landowner or occupant, or a contractor retained by or for the benefit of the landowner or occupant to perform (and actually performing) the construction or demolition services on the property which generate the construction or demolition waste at issue. This exception to the rights of the exclusive solid waste handling contractor shall not apply to any situation in which a third party is hired, through a subcontract or otherwise, to collect, transport or dispose of the solid waste or any portion thereof.

B. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in Section 8.08.100.

C. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being collected, transported and disposed of by properly permitted, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.

D. The solid waste consists only of garbage collected and transported solely for the purpose of feeding animals in accordance with this division and applicable state laws and regulations and the hauler has obtained a garbage feeding permit.

E. The solid waste consists solely of solid waste collected, and transported from a public road right-of-way by a public agency or a construction or demolition contractor retained by the public agency.

F. The solid waste being collected, transported and disposed of consists solely of recyclable material taken from residential construction or demolition waste which recyclable material is being hauled or removed by a third party (acting at the request of the landowner or occupant). Such third party shall have in force a current recycling permit issued by the city requiring that all such materials collected by the permit-holder within the geographic boundaries of the city consist of recyclable material and that all such material be recycled. Only such haulers and removers of recyclable materials as are duly permitted by the city to engage in such activity may do so pursuant to this exception. Prior to granting any such permit, the city shall require evidence of adequate liability insurance covering the hauler or remover's operations, and evidence that the hauler or remover has paid in full all required city taxes and business license fees applicable to its operations. The hauler or remover must actually recycle all material hauled or removed and the hauler or remover shall comply with all other requirements and conditions of the permit established by the city.

(Ord. No. 804, § 2, 10-3-2023)

For the collection, transportation and disposal of solid waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.

(Ord. No. 804, § 2, 10-3-2023)

The contract provided for in Section 8.08.224 shall provide that the contractor shall collect and dispose of the solid waste in the city in the manner provided for in this chapter. The contractor shall be required to furnish a cash or surety bond to the city in the penal sum of $100,000.00 conditioned upon the faithful performance of the contract and provisions of this chapter. Such contractor shall have the sole and exclusive right, except as otherwise expressly provided in this chapter, to collect, transport and dispose of all solid waste in the city, including, without limitation, all recyclable solid waste.

(Ord. No. 804, § 2, 10-3-2023)

A. Worker's Compensation. Any exclusive contract agent for solid waste collection, transportation and disposal shall fully comply with applicable California law concerning worker's compensation. Such compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability such exclusive contract agent may have for worker's compensation.

B. General Liability Insurance. Any exclusive contract agent for solid waste collection, transportation and disposal shall obtain at its sole cost, and keep in full force and effect during the term of its exclusive solid waste collection, transportation and disposal agreement with the city, broad form property damage, bodily injury, automobile, employers', and comprehensive form liability insurance in the amount of $3,000,000.00 per occurrence, provided:

1. That the city, its officers, agents, employees and volunteers shall be named as additional insureds trader the general liability policy;

2. That the policy shall stipulate that this insurance will operate as primary insurance; and

3. That no other insurance maintained by the city or the other named insureds under the contract agent's policy shall be called upon to cover a loss covered thereunder unless and until such time as the applicable insurance purchased by the contract agent is exhausted by reason of payment of claims.

If the coverage limits set forth in this subsection are not reasonably obtainable through the insurance markets, the city manager shall meet and discuss with the contract agent the contract agent's inability to obtain such coverage, and shall temporarily adjust the coverage requirements set forth in this paragraph to conform to industry standards taking into consideration contract agent's demonstration that it is responsibly conducting its business and that coverage is not reasonably available at the coverage limits. In no case, however, will the insurance limits required above be any less than $1,000,000.00 per occurrence during the aforementioned period of such temporary adjustment.

C. Certificates of Insurance. The exclusive contract agent for solid waste collection, transportation and disposal shall file with the city manager, within 15 days of the execution of this agreement, certificates of insurance which shall provide that the insurance issuer shall endeavor to provide 30 days' written notice to the city manager prior to the effective date of any cancellation, major change in coverage, expiration or nonrenewal of the contract agent's policies obtained for purposes of satisfying this requirement. In the event of such cancellation, major change in coverage, expiration or nonrenewal of the subject policies, the contract agent shall file with the city manager within 45 days of such action, a new certificate of insurance which complies with the requirements of this section. Except as provided in the agreement between the city and the contract agent, failure to do so shall constitute grounds for termination of any existing solid waste collection, transportation and disposal franchise agreement with the contract agent.

(Ord. No. 804, § 2, 10-3-2023)

The books and businesses of the contractor shall be subject to audit and checking at any reasonable time by the city.

(Ord. No. 804, § 2, 10-3-2023)

Any person from whom solid waste is collected or required to be collected under the provisions of this chapter shall pay the contract agent, or other person designated by the city council to receive the same, for such service at rates provided for by the city council. Those rates shall remain in force until amended or modified by resolution of the city council.

(Ord. No. 804, § 2, 10-3-2023)

All billing for waste collection shall be made by the contract agent. All charges shall become delinquent 90 days after the billing date. If the bill remains unpaid after the billing due date, the contract agent shall be entitled to a late charge as approved by resolution by the city council. Contract agent shall provide notice of the late charge on the subsequent bill. Any delinquent accounts may be subject to the lien process. If a bill becomes delinquent, contract agent may send a notice of delinquency to the owner. The form and content of the delinquency notice sent by the contract agent shall be approved by the city. The contract agent shall simultaneously file with the city a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent. Should the bill remain unpaid at the expiration of the 15 days following the delinquency notification, the contract agent may assign such bill to the city for lien proceedings. Once the bill is assigned to the city for lien proceedings, as part of the lien proceedings an administrative fee shall also be assessed. Upon the city's receipt of the assignment from the contract agent and at the convenience of the city (but at least once every six calendar months), the city may initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered. The lien will be officially recorded in the county recorder's office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the city that the late charges and administrative charges are due the city and that such lien has been recorded.

(Ord. No. 804, § 2, 10-3-2023)

Each commercial, industrial, or institutional establishment, including, without limitation, each hotel, restaurant, store, factory, plant, office complex, multi-family housing complex and trailer park, shall pay a flat monthly charge to be based on the average amount of solid waste generated by such establishment as per agreement between the contractor and each individual establishment, those rates to be in line with rates charged for comparable service in similar cities within the county and to be subject to review by the city council.

(Ord. No. 804, § 2, 10-3-2023)

The power is vested in the city council to create at any time by resolution a solid waste department of the city, and to collect, transport and dispose of all solid waste as a sanitary measure and as a benefit to the public health.

(Ord. No. 804, § 2, 10-3-2023)