Division 1 — Generally

A.

Every refuse, garbage and debris hauling vehicle used for the collection, removal or transportation of refuse, rubbish and debris shall be so designed and equipped as to prevent the escape or loss of any refuse, rubbish and debris while being transported. Whenever refuse, garbage and debris is transported in an unenclosed vehicle, the container in which the refuse, garbage and debris is transported shall be so designed and equipped as to prevent the escape or loss of any such refuse, garbage and debris while being so transported. Loads of tree trimmings, bushes or shrubs may be transported in open-bodied vehicles provided the material be securely tied in place to prevent scattering along the streets and alleys. Tree limbs shall be confined within the limits of the vehicle bed and shall not extend over the sides or extend beyond the tailgate of the vehicle.

B.

It shall be unlawful for any person authorized to collect refuse, garbage and debris to maintain any collecting vehicle in an unclean, filthy or leaky condition or to keep such vehicle standing in any street or alley of the city longer than necessary for the actual work of collection or to conduct collection or removal in any but a sanitary manner and by sanitary methods.

(Ord. 332, 2009)

Each person owning improved premises in the city, and each person occupying or having charge or control of improved premises in the city shall, in accordance with the terms of this chapter and all applicable state and federal regulations, make available for collection and disposal, or if a nonresidential commercial business provide legal access to collection and disposal of all refuse which has accumulated on such premises, on the appointed day and at the appointed time, except where weather conditions prevent such collection and disposal.

(Ord. 332, 2009)

For services outside the provisions of this chapter, individuals or businesses may contract with the city or the city's franchisee; provided, such services shall be offered and accepted according to the rate schedule applicable thereto.

(Ord. 332, 2009)

Each person owning a residential unit up to and including a fourplex, and each person occupying or having charge or control of such premises, shall have the obligation to contract for collection service for each and every unit of property and provide for collection and disposal of all refuse originating upon such premises in suitable containers. A suitable container is defined as a safety-approved dumpster or a 96-gallon or less trash can, with a tight-fitting lid, capable of completely containing all refuse stored within. Tied, watertight plastic bags may be used for yard waste only with the specific authorization of the franchisee.

In the event a residential refuse container is determined to be unsuitable because it no longer adequately contains refuse and repeatedly overflows, fails to adequately prevent animal intrusion or constitutes a hazard to public health, the city attorney, his/her designee, or the county health officer may order the resident to replace such container. Bulk items such as car parts, white goods (i.e. stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at additional charge to the customer. Bulk items must remain out of sight from the general public view, and shall only be placed at curbside on the arranged day of collection at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters. In the event a bulk item is placed in view of the general public without scheduled collection, the city attorney, his/her designee, or the county health officer shall order the refuse company to collect said item at the property owner's expense.

Customers may exercise the option to deliver such bulk items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulk items.

(Ord. 332, 2009)

Each person owning, or having charge or control of, a multi-residential property of five units or greater shall place for collection and disposal all refuse originating on such premises in a suitable container. A suitable container for a multi-residential property of five units or greater is defined as a safety-approved dumpster. Frequency of collection is to be determined by the amount of refuse generated so that collection occurs not less than once per week and as often as good sanitary practice and applicable state and federal law require.

A multi-residential property with fewer than five units may be required to provide a safety-approved dumpster if the city attorney, his/her designee, or the county health officer determines that individual 32- gallon cans are insufficient to provide proper refuse disposal. Size of container and frequency of collection are to be determined by the amount of refuse generated so that collection occurs not less than once per week and as often as good sanitary practice and applicable state and federal law require.

Bulk items such as car parts, white goods (i.e., stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at an additional charge to the customer. Bulk items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to a public street

no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulk item is placed in view of the general public without scheduled collection, the city attorney, his/her designee, or the county health officer shall order the refuse company to collect said item at the property owner's expense. Customers may exercise the option to deliver such bulk items directly to the transfer station at transfer station rates, or otherwise properly dispose of such bulk items.

(Ord. 332, 2009)

Suitable containers for nonresidential commercial establishments shall be defined as a minimum 32-gallon garbage can or safety-approved dumpster, with lid, sufficient to accommodate the type and amount of refuse generated at such commercial establishment. Lids must remain closed at all times, except when refuse is being added or removed from the container. Size of container and frequency of collection shall be determined by the type and amount of refuse generated, so that collection occurs as often as good sanitary practice and applicable state and federal law require.

Frequency of collection shall be at least once per week for commercial establishments generating food waste. Collection for commercial establishments generating nonfood waste shall be either regularly scheduled or on an as-needed basis, unless as-needed collection is determined by the city attorney, his/her designee, or the county health officer to constitute a health hazard.

Bulk items such as car parts, white goods (i.e., stoves, washers, dryers, etc.), furniture (i.e., mattresses), etc., shall be collected at an additional charge to the customer. Bulk items must remain out of sight from the general public view, and shall only be placed at curbside at the property line adjacent to public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters on the arranged day of collection. In the event a bulk item is placed in view of the general public without scheduled collection, the city attorney, his/her designee, or the county health officer shall order the refuse company to collect said item at the property owner's expense.

Customers may exercise the option to deliver bulk items directly to the transfer station for transfer station rates, or properly dispose of such bulk items.

(Ord. 332, 2009)

In the event a multi-residential or commercial property is determined to constitute a nuisance because of blowing debris originating from the container, or the container is determined to be insufficient to contain refuse, or is determined to be a hazard to the public health or is otherwise in violation of health codes, the city attorney, her/his designee, or the county health officer may order a change in the size of container, and/or increase the frequency of collection, as well as any other alternatives set forth in section 9.08.150(A) through (I), at the expense of the person owning or having charge or control of said property.

(Ord. 332, 2009)

No person owning or possessing any multiple-family dwelling or owning or possessing any single-family dwelling, or industrial, commercial or business premises or structure, shall allow or permit any excess refuse or rubbish or waste to collect and accumulate upon or in the premises or structure for a period of time longer than allowed by law. During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of refuse waste on premises where produced shall be performed in such a manner as to prevent the harboring and breeding of rodents, insects and other vermin and to take adequate precautions to prevent ready access to the waste by animals; as to prevent objectionable odors in the ambient air; as not to constitute a fire hazard; and as not to result in such unsightliness as to result in the depreciation of value of adjacent property or the comfortable enjoyment of life thereon.

If it is found and determined that during the intervals between collection or disposal, accumulation of refuse waste results in a nuisance and thus is contrary to the public health and welfare of the city, and/or the property owner has failed to adequately provide for appropriate refuse collection and/or storage pursuant to this chapter, mandatory commercial or increased residential collection service shall be imposed for minimum of one year. Further, at the direction of the city manager, or the city manager's designee, the following corrective enforcement actions are available for imposition for a minimum of one year or longer:

A.

Increasing the size of the dumpster; and/or

B.

Increasing the frequency of the pickup service; and/or

C.

Ordering the removal of trailers, pickup trucks, dump trucks and storage containers under the nuisance abatement procedure pursuant to this Code; and/or

D.

Mandating safety-approved dumpsters with tight-fitting lids; and/or

E.

Mandating dumpster "skirting" for containers; and/or

F.

Mandating relocation of dumpster; and/or

G.

Mandating "controlled access" lids to prevent animal disturbances; and/or

H.

Mandating bear-proof refuse containers for repeat violators of single-family residences and multifamily residential properties not using safety-approved dumpsters; and/or

I.

Any other enforcement action deemed reasonable and appropriate by the city manager or his/her designee.

(Ord. 332, 2009)

The collection of refuse, garbage and rubbish from all hotels, hotel/resorts, motels, motels converted to residential units, inns, time-share condominiums and motor inns may be based upon a motel multiplier of

Collection of refuse shall be made at least once a week from private residences and/or multiple-family units, and/or as many times per week as the city manager or the city manager's designee may order.

No more than one week's accumulation of refuse, garbage and rubbish shall be kept or permitted to remain upon any commercial premises in the city.

At the minimum, there shall be at least one collection per week from restaurants; cafes; diners; hamburger stands; coffee shops; coffee houses; fast food places; grocery stores; vegetable, meat, poultry or fish markets, or fresh drink stands; and any other commercial establishment generating food waste.

(Ord. 332, 2009)

No refuse, garbage or rubbish will be allowed to be stored in trucks, trailers, vans, delivery wagons, pickup trucks, truck trailers or dump trucks and unapproved storage containers for more than forty-eight hours.

(Ord. 332, 2009)

All bulk items (nonhazardous) left at curbside will be picked up by the franchisee during regularly scheduled route days and the account holder will be billed accordingly.

(Ord. 332, 2009)

The owner or person in possession, charge or control of any commercial establishment shall not be required to subscribe to services provided by a franchisee during such periods as the establishment is vacant and not generating or accumulating solid waste, garbage or refuse. Nor shall commercial establishments in residential units with a business license be subject to additional mandatory commercial collection.

(Ord. 332, 2009)

Suitable containers for residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, receptacles and plastic bags shall be placed for collection as follows:

A.

Residential containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

B.

Refuse company personnel shall be responsible for the return of containers to a location twenty feet back from the front property line for disabled customers as determined by the city.

C.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer, shall be replaced by the customer with a suitable container.

D.

Shelter or housing for refuse receptacles as well as commercial dumpsters shall not be constructed or installed until approved by the city, if required.

(Ord. 332, 2009)

Suitable containers for commercial service, other than safety-approved dumpsters, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection

from the premises, containers are placed for collection in such a manner as previously approved by franchisee.

Commercial containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters. Refuse company personnel shall be responsible for the return of containers to the front property line. Shelter or housing for commercial dumpsters shall not be constructed or installed until approved by the city, if required.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer shall be replaced by the resident and/or business owner with a suitable container.

(Ord. 332, 2009)

Suitable containers for multi-residential service, up to and including a fourplex, shall be placed in such a manner as not to be readily visible from public streets; provided, that during the time fixed for collection from the premises, receptacles and plastic bags shall be placed for collection as follows:

A.

Multi-residential containers shall be placed at the property line adjacent to a public street no earlier than 6:00 p.m. of the day prior to the day designated for refuse collection, and shall be removed from public view by 6:00 p.m. on the day designated for refuse collection, unless containers are housed in approved shelters.

B.

Refuse company personnel shall be responsible for the return of containers to a location twenty feet back from the front property line for disabled customers as determined by the city.

C.

Containers which have become so damaged as to be no longer suitable for use, which no longer have tight-fitting lids, and are so designated by refuse company personnel, the city attorney, his/her designee, or the county health officer shall be replaced by the customer with a suitable container.

D.

Shelter or housing for multi-residential refuse receptacles shall not be constructed or installed until approved by the city, if required.

(Ord. 332, 2009)

All residential, including multi-residential, and commercial refuse containers, other than safety-approved dumpsters, shall be removed from public view not later than 6:00 p.m. on the appointed day of collection; provided, however, that refuse containers within shelters or housing, shall be within such shelters or housing not later than 6:00 p.m. on the appointed day of collection.

(Ord. 332, 2009)

The collection and disposal of any refuse which is excepted from collection and disposal by the refuse company shall be the sole responsibility of the owner upon whose property such refuse originates. The owner will not leave such refuse at the front property line or in such a manner as to be readily visible from the public street.

(Ord. 332, 2009)

A.

Standards. The American National Standard Safety Requirements for the Stability of Refuse Bins (hereinafter known as Standards) is hereby adopted and incorporated in the Sutter Creek City Code by reference. A full and complete copy of the requirements is on file in the Sutter Creek City Clerk's Office and in the business office of the contractor.

B.

Responsibilities. The following responsibilities shall apply:

Manufacturer Responsibility. It shall be the responsibility of the manufacturer of refuse bins to design and construct newly manufactured refuse bins in conformance with Sections 3 and 5 of the Standards.

Newly manufactured refuse bins shall have a permanent identification of the name of the manufacturer and either the date of manufacture or a code traceable to the date of manufacture.

A statement attesting to compliance with this standard shall also be provided on the permanent identification. The manufacturer of refuse bins shall inform purchasers of the refuse bins of the applicable requirements of this standard.

Retrofitter Responsibility. It shall be the responsibility of persons who retrofit or modify refuse bins to modify or reconstruct in-service bins in conformance with Sections 3 and 5 of the Standards.

Owner Responsibility. It shall be the responsibility of the owner of refuse bins to ensure that refuse bins are modified or retrofitted to meet the requirements of the Standards.

It shall be the responsibility of the owner of refuse bins to ensure that the only refuse bins that are in conformance with Sections 3 and 5 of the Standards are used.

The owner of refuse bins shall inform the customer of necessary safety precautions and requirements associated with the use of the bins including, but not limited to, the requirements specified in subsections (B)(3)(a) through (d) of this section:

a.

Refuse bins shall be placed on a hard, level, weather-resistant surface.

Refuse bins shall be loaded uniformly, with no refuse extending beyond the internal volume of the bin.

All safety features for stability shall be used, such as fasteners (where required) to secure the refuse bin to a stationary object.

The customer shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

The owners shall train their employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards.

Refuse Franchisee Responsibility. The refuse franchisee shall train its employees in the use, handling and placement of refuse bins so as to be in conformance with the requirements of these Standards. The refuse franchisee shall inform the owner of the refuse bins of any damage, defect or malfunction of the refuse bin.

Refuse Franchisee Employee Responsibility. The employee of the refuse franchisee shall return the refuse bins to their original location after unloading. If the location of the refuse bins is not a hard, level, weather- resistant surface, the employee of the refuse franchisee shall notify the customer and the owner.

Customer Responsibility. The customer shall be responsible for ensuring that a hard, level, weather- resistant surface is provided for the placement of refuse bins.

The customer shall ensure that refuse bins used are placed on the customer's premises in conformance with the applicable requirements of the Standards.

(Ord. 332, 2009)