Taft Municipal Code Ch. 2 Recyclable Materials, Organic Materials, and Solid Waste

(A) Purpose: The City shall provide for solid waste, recyclable material, and organic material handling services, including but not limited to the collection, transfer, processing and disposal of solid waste, recyclable material, and organic material within the City.

The City Council finds that provision of solid waste, recyclable material, and organic material handling services benefits all occupants of premises in the City; and therefore, all such occupants are made liable for refuse collection charges established by the City Council for solid waste, recyclable material, and organic material handling services.

(B) Intent: It is the intent of the city council in enacting this chapter to ensure compliance with this code and to deter violations of this code. (1-3-1)

Any person violating any provision of this code, as amended from time to time, may be subject to the assessment of civil fines and penalties pursuant to the administrative procedures established in Title I, Chapter 1 - 3 of the Taft Municipal Code and as authorized by Government Code section 53069.4.

Each and every day a violation of this code exists constitutes a separate and distinct violation. (Ord. 632-95, 6-20-1995; amd. 797-13, 6-18-2013; Ord. 837-20, 8-18-2020)

The following definitions relate to terms used in this, Title III, Chapter 2:

(A) The City may contract for Discarded Material services, and such services may be the exclusive right of the Franchise Hauler. Subject to provisions and exclusions as reflected in a written agreement between City and Franchise Hauler. The agreement shall, at a minimum, identify the services to be provided for, including, but not limited to: type of material to be collected, frequency of collection, and planned disposition of material following collection. The agreement shall additionally describe effective date of the agreement, the term, and shall identify any and all options for term extension, and the rates and/or fees to be charged to ratepayers as approved by council. If a conflict is discovered in relation to the exclusive franchise with Franchise Hauler, the franchise agreement, and any amendments thereto, shall control.

(B) Exclusive Franchise Hauler providing residential, commercial, or industrial Discarded Material collection services to generators within the City’s boundaries, shall meet the requirements and standards established by the City Council as a condition of approval of an agreement.

(C) All Discarded Materials collected within the City’s boundaries, shall be delivered to transfer, processing and disposal facilities under such conditions as the City Council may designate and in accordance with applicable law.

(D) The City Manager or his/her Designee shall have charge and supervision of such Solid Waste, Recyclable Materials, and Organic Material handling services from the various parts of the City so as to conform to the provisions of this Chapter. Franchise Hauler shall report routes and days of collection as required in the Franchise Agreement, should any routes be changed at any point, Franchise Hauler shall give notice thereof in such manner as City Manager or his/her Designee deems best.

Every person shall place and keep Solid Waste, Recyclable Materials, and Organic Materials in the City Containers as required in this Chapter.

(E) The exclusive Franchise Hauler shall comply with education, equipment, signage, Container labeling, Container color, contamination monitoring, reporting and other requirements contained within its franchise agreement entered into with City.

(F) The City and its duly authorized agents, servants and employees, or any other contractors with whom the City may at any time enter into a contract or franchise therefor, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to services as identified in this Chapter, and in the Franchise Agreement, from all premises in the City (unless otherwise noted herein or in the Agreement); and no person shall provide services, convey or transport any material in, along or over any public street, Alley or highway in the City, or take any materials from any Container in which the same may be placed for collection or removal, or interfere with or disturb any such Container, or remove any such Container from any location where the same is placed by the owner thereof. (Ord. 837-20, 8-18-2020)

(A) The exclusive right of any Franchise Hauler to collect Solid Waste, Recyclable Materials, and Organic Materials is subject to the following exclusions and any additional exclusions identified in Agreement:

1. Self Haul: Solid waste, Recyclable Material, and/or Organic Materials may be removed and personally transported from a premises by the owner or occupant for the purpose of lawfully delivering same to a facility authorized and permitted to receive and handle such materials. Owners or occupants may delegate the responsibility of delivering such materials to a facility to a third party if it is done on a voluntary basis and no compensation is tendered in exchange for the service or rental of Containers.

2. Gardeners and Landscapers: A gardener or landscaper may collect, transport, and dispose of yard wastes generated as an incidental part of providing gardening, landscape maintenance service, provided the gardener or landscaper shall not be a hauling service or solid waste enterprise, and shall not separately or additionally charge for the incidental service of removing, transporting, or disposing of the yard waste, and shall use only employees and equipment to collect, transport, and dispose of same.

3. Contractors and Remodelers: A construction contractor, holding a contractor’s license issued by the State of California, may collect, transport, and dispose of inert materials or C&D waste from remodeling or construction jobs generated as an incidental part of providing such remodeling or construction services, if the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting, or disposing of the inert materials or demolition waste, and use only employees and equipment to collect, transport, and dispose of same.

4. Other: Additional limitations and exclusions as may be set forth in the Franchise Agreement. (Ord. 837-20, 8-18-2020)

(A) Permitted Self-Haulers shall: (1) Source Separate all Recyclable Materials and Organic Material (materials that City otherwise collects in their Organic Materials and Recyclable Materials collection services) generated on site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and transport Solid Waste to permitted transfer or disposal facility; or, (2) haul Organic Material to a High Diversion Organic Materials Processing Facility as specified in 14 CCR Section 18984.3.

(B) Permitted Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Organic Material to a Solid Waste facility, operation, activity or property that processes or recovers Source Separated Organic Material. Alternatively, Self-Haulers may haul Mixed Material to a High Diversion Organic Material Processing Facility.

(C) Permitted Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall keep a record of the amount of Organic Material delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Material; this record shall be subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Material.

(D) A Self-Hauler must apply for a Self-Hauler Permit in accordance with City’s administrative policies (which may include, but are not limited to fees and the requirement to provide additional information). These requirements may change at any time without notice.

(E) A residential Organic Material Generator that self-hauls Organic Material is not required to record or report information in Section 3-2-5(C). (Ord. 837-20, 8-18-2020)

(A) The Franchise Hauler shall collect Discarded Materials located at or resulting from the lawful use of occupied property. Collection days shall be Monday through Friday of each week and collection hours shall be from 5:00 a.m. until 4:00 p.m., unless otherwise determined by Franchise Hauler and approved by the City Manager or his/her Designee, whereupon notice in writing specifying the days of collection shall be given by the Franchise Hauler to all persons within the City of whom the service is rendered. Containers shall not be placed for service or be serviced by the Franchise Hauler less frequently than once each seven (7) days.

(B) The City Manager or his/her Designee may authorize the collection of waste at times or from places otherwise prohibited by this chapter if such collection is necessary for the protection of the property or health and safety of the general public. (Ord. 837-20, 8-18-2020)

(A) The monthly collection, and processing, and street sweeping rates will be reviewed at least once each year by the City staff and adjusted by the City council where necessary; provided, however, that any homeowner may request such a review if they believe the fee being charged is not a reasonable estimate of their actual cost of service.

(B) The base service rates will be billed annually on the County property tax bill for Single-Family dwellings, duplexes, triplexes, Multi-Family dwellings, and mobile home parks. In all other cases, the fees and/or additional services provided by Franchise Hauler, shall be billed directly by Franchise Hauler.

(C) Special collection services required by any user on a regular basis, or for a large or unique circumstances, shall be charged at a rate as approved by City Council. Special charges shall be collected from the tenant or property owner by the City on a periodic basis.

(D) Should the tenant neglect to pay the fee, such fee shall be paid by the property owner or become a lien against the property and attach such liens on the next regulator bill levied against the parcel and the amount of the assessment to be collected at the same time and in the same manner as ordinary City taxes are collected and that said assessment shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in the case of delinquency as are provided for ordinary City taxes.

(E) A ten percent (10%) late charge (or $1.00 whichever is greater) will be added to unpaid bills after thirty (30) days from due date. Said late charge and additional penalties as specified in the Health and Safety Code shall be made on the unpaid balance of the bill.

(F) Any fees authorized pursuant to Section 3-2-7 of this chapter which remain unpaid for a period of four (4) or more months after the date upon which they were billed may be collected thereafter by the City as provided in this Section:

1. At the time the fees for owner-occupied property become delinquent, until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For Commercial Businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

2. Once a year the City Council may cause to be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

3. The Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than ten days prior to the date of the hearing.

4. At a hearing the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees, including late charges and administrative fees, as set by resolution of the City Council. The Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

5. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees including late charges. A certified copy of the confirmed report shall be filed with the County auditor for the amounts or the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien(s) created attaches upon recordation, in the office of the County recorder of the County in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment; except, that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this Section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection and recorded in the name of the prior property owner following City policies and procedures.

6. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau.

7. In addition or in the alternative, and at the option of the City, the City may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative and in addition to the remedy of means of enforcing payment of the sum required to be paid by this chapter stated in Subsection 1. through 7.

8. The City Manager may authorize refunds for disposal or processing fees pursuant to the City’s policies and procedures concerning such refunds. (Ord. 837-20, 8-18-2020)

Notwithstanding the foregoing provisions of this chapter, neither the terms “Mixed Waste”, “Mixed materials”, nor the term “Solid Waste” shall be deemed hereunder to mean or include heavy bulky or hazardous materials, earth, sod, waste oil, brick, stone, concrete, rolled carpet, tires, roofing materials, mortar or other debris or waste incident to the construction or demolition of buildings, or tree trunks or limbs, and none of said materials shall be placed by a person in Containers or otherwise for collection and disposal by the City or Franchise Hauler because of dimension, density, weight, but the same shall be disposed of by the person having the possession, charge, control or supervision of the premises from which any such materials emanate, result or are produced. (Ord. 837-20, 8-18-2020)

(A) The Franchise Hauler shall furnish all Discarded Material Containers to serve all customers in the City that subscribed to Franchise Hauler’s collection services, with the exception of Compactors.

(B) The Franchise Hauler will provide customers with a One-Container System or a Three-Container System as directed by the City Manager under the terms of the Franchise Agreement. (Ord. 837-20, 8-18-2020)

Single-family generators (except Single-Family generators that meet the Self-Hauler requirements in Section 3-2-5 of this ordinance) shall:

(A) Every person who owns, and every person who occupies, developed and occupied real property shall subscribe to the Franchise Hauler’s One-Container System or Three-Container System, as designated by the City for all generators, and for all Discarded Materials generated, at rates not to exceed those approved by the City Council.

(B) Participate in the Franchise Hauler’s Discarded Materials collection service(s) by placing designated Discarded Materials in designated Containers.

(C) City shall be held harmless for loss occasioned by entry upon the property for collection service by Franchise Hauler.

(D) City Manager or his/her Designee shall have the right to review the number and size of a generator’s Containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City.

(E) Generators may additionally manage their Discarded Materials by preventing or reducing the amount of Discarded Materials; managing Organic Material on site through composting; or delivering Organic Material to a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(F) It shall be the duty of every person occupying a dwelling unit within the City to keep the premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material.

(G) The Discarded Material Containers shall be filled no more than level full and shall have the lids of such Containers kept closed and locked (if applicable), except when depositing waste, to prevent scavenging. (Ord. 837-20, 8-18-2020)

Multi-Family generators (except Multi-Family generators that meet the Self-Hauler requirements in Section 3-2-5 of this ordinance) shall:

(A) Subscribe to the Franchise Haulers One-Container System or Three-Container System for all Discarded Materials generated. City or his/her Designee 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; and, Multi-Family Dwelling shall adjust its service level for its collection services as requested by the City, if City determines that inappropriate level of service results in generators non-compliance with this Chapter.

(B) Participate in the Franchise Hauler’s Discarded Materials collection service(s) by placing Discarded Materials designated materials in designated Containers.

(C) Supply and allow access to adequate number, size and location of collection Containers for employees, contractors, tenants, and customers, consistent with City’s approved Container collection service.

(D) If the City establishes a Three-Container System, Multi-Family property owners shall:

1. Annually provide information to employees, contractors, tenants, and customers about Organic Material Recovery requirements and about proper sorting of Source Separated Organic Material and Source Separated Recyclable Materials into Recyclable Material and Organic Material Containers.

2. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste (when applicable) and the location of Containers and the rules governing their use at each property.

(E) Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Section 3-2-22 to confirm compliance with the requirements of this ordinance.

(F) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(G) It shall be the duty of every person in possession, charge or control of any Multi-family residential property within the City to keep the premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material.

(H) The Containers shall be filled no more than level full and shall have the lids of such portable Containers kept closed and locked (if applicable), except when depositing waste, to prevent scavenging.

(I) Multi-family residential dwellings are not required to comply with Container placement requirements or labeling requirement in Section 3-2-12(D) pursuant to 14 CCR Section 18984.9(b). (Ord. 837-20, 8-18-2020)

Commercial Business generators (which does not include Multi-Family Residential Dwellings, and is not a Commercial Business generators that meets the Self-Hauler requirements in Section 3-2-5 of this ordinance) shall:

(A) Subscribe to the Franchise Haulers One-Container System or Three-Container System for all Discarded Materials generated. City or his/her Designee 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; and, Commercial Businesses shall adjust its service level for its collection services as requested by the City.

(B) Participate in the Franchise Hauler’s Discarded Materials collection service(s) by placing designated materials in designated Containers.

(C) Supply and allow access to adequate number, size and location of collection Containers with sufficient labels or colors (conforming with Sections 3-2-12 (D)1. and (D)2. below) for employees, contractors, tenants, and customers, consistent with City’s Discarded Materials collection service.

(D) Shall, if the City establishes a Three-Container System, Commercial Businesses, excluding Multi-Family Residential Dwellings:

1. Provide Containers for the collection of Source Separated Organic Material and Source Separated Recyclable Materials in all indoor and outdoor areas where Containers are provided for customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:

(a) A body or lid that conforms with the Container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

(b) Container labels that include language or graphic images, or both indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

2. Prohibit employees from placing materials in a Container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures.

3. Annually inspect Recyclable Material, Organic Material, and Solid Waste Containers for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).

4. Annually provide information to employees, contractors, tenants, and customers about Organic Material Recovery requirements and about proper sorting of Source Separated Organic Material and Source Separated Recyclable Materials into Recyclable Material Container and Organic Material Containers.

5. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use at each property.

(E) Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Section 3-2-22 to confirm compliance with the requirements of this ordinance.

(F) Meet the Self-Hauler requirements in Section 3-2-5 if a Commercial Business wants to self-haul.

(G) Not prohibit a generator from preventing or reducing waste generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(H) Be the duty of every person in possession, charge or control of any boarding home, Restaurant, hotel, apartment, Commercial occupancy, industrial occupancy, eating house or vacant lot within the City to keep the premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material.

(I) Comply, if a Commercial Business that is Tier One or Tier Two Edible Food Generators, with Food Recovery requirements pursuant to Section 3-2-14 .

(J) Not fill Discarded Material Containers more than level full and shall have the lids of such portable Containers kept closed and locked (if applicable), except when depositing waste, to prevent scavenging. (Ord. 837-20, 8-18-2020)

(A) If the City establishes a Three-Container System, Commercial Businesses may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premises or where unnecessary hardship will be caused by complying with this Chapter with respect to any particular premises. Under these circumstances, the City Manager or his/her Designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the City. Special written permits include de minimis waivers and physical space waivers, as described below.

(B) De Minimis Waivers: The City may waive a Commercial Business’s obligation (including Multi-Family Residential Dwelling’s obligations) to comply with some or all of the Organic Material requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Material as described in Section 3-2-13 (B)2. below. Commercial businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 3-2-13 (B)2. below.

2. Provide documentation that either:

(a) The Commercial Business’s total Solid Waste collection service is two (2) cubic yards or more per week and Organic Material subject to collection in a Recyclable Materials or Organic Materials Container comprises less than twenty (20) gallons per week per applicable Container of the business’ total waste; or,

(b) The Commercial Business’ total Solid Waste collection service is less than two (2) cubic yards per week and Organic Material subject to collection in a Recyclable Material Container or Organic Material Container comprises less than ten (10) gallons per week per applicable Container of the business’ total waste.

3. Notify City if circumstances change such that Commercial Business’s Organic Material exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.

(C) Physical Space Waivers: City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings’) to comply with some or all of the Organic Material collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer that the premises lacks adequate space for compliance with the Organic Material collection requirements of Section 3-2.

A physical space waiver may also be requested if a Commercial Business or property owner documents that the premises lacks adequate space for Organic Material Container and Recyclable Material Containers.

Commercial Business, business owner, or property owner requesting a physical space waiver shall:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Recyclable Material Containers and/or Organic Material Containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.

(D) Review and Approval of Waivers by City: Commercial Businesses or property owners (including Multi-Family Residential Dwellings) shall:

1. Apply to City for a de minimis or physical space waiver. Waivers are valid for five (5) years.

2. Any Waiver Holder must cooperate with the City and/or Franchise Hauler for compliance Inspections and enforcement as stated in Section 3-2-22 .

3. Waiver Holder must annually reapply to the City for a waiver and shall submit any required documentation, and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application. (Ord. 837-20, 8-18-2020)

(A) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 3-2-14 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024 pursuant to 14 CCR Section 18991.3.

(B) 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 food capable of being recovered by a Food Recovery Organization or Food Recovery Service.

4. Allow City’s designated entity or designated third party entity to access the premises and review records.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(a) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food.

(b) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(1) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(2) The types of food that will be collected by or transported to the Food Recovery Service or Food Recovery Organization.

(3) The established frequency that food will be collected or transported.

(4) The quantity of food, measured in pounds recovered per month, collected or transported to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(c) A copy of all contracts, written agreements, or other documents between the Edible Food generator and the Food Recovery Service(s) or Food Recovery Organization(s).

(C) Large venues or Large Event operators not providing food service, but allowing for food to be provided by others, shall require food facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

(D) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act or requirements contained in food share donation regulations for schools pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 837-20, 8-18-2020)

(A) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement with them, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator that the service collects Edible Food from.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

(B) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator that the organization received Edible Food from.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization received Edible Food from for Recovery.

(C) Food Recovery Organizations and Food Recovery Services that are located in the City and contract with or have written agreements with Commercial Edible Food Generators shall report to the City the amount of Edible Food in pounds recovered from the previous calendar year no later than January 31 of each year.

(D) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement with them. (Ord. 837-20, 8-18-2020)

(A) No person shall store Discarded Materials in any boxes, bags, or barrels of any type within a public place or between any front lot line and the main building on a residential or Commercial lot ,alley, or within that portion of the street side of a corner lot equal to the depth of the required street side yard.

(B) This Section shall not preclude:

1. The storage of Discarded Materials in a Container of a Commercial establishment, in front of a main building if such Container is within a solid wall enclosure lawfully erected and maintained in such a manner to allow access to the Container for collection of waste by the Franchise Hauler.

2. The storage of Discarded Materials from renovations of residential or Commercial buildings or major landscaping work in temporary use covered Containers and such Container may be placed in view from a public place if such placement is for the convenience of the collection by the Franchise Hauler and is not in violation of any other municipal Code, and any such temporary use shall be limited to the reasonable time needed to complete such renovations or work not to exceed six months.

3. The storage of Discarded Materials in a covered Container for collection and removal by the Franchise Hauler.

4. A person, whose Discarded Materials are collected or removed by the Franchise Hauler, from placing or maintaining a Container in the manner set forth in this Chapter within the public place in front of the premises from which such Discarded Materials emanated; provided, however, no such Container shall be placed within any public place earlier than 4:00 a.m. on the day preceding the day for the collection of waste, nor be allowed to remain within the public place later than 6:00 a.m. on the day following such collection

(C) No person shall throw or deposit Discarded Materials in or upon a public place except in public Containers, in Containers for collection, or at appropriately permitted facilities.

(D) Persons placing Discarded Materials in public Containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon a public place.

(E) Every person in possession, charge, or control of any property shall keep such property free and clean of any accumulation of Discarded Materials.

(F) Except as otherwise provided in this Chapter, no person shall deposit, keep or accumulate or permit or cause to be deposited or to remain on property, any Discarded Materials.

(G) No person shall place, deposit, or dump Discarded Materials or cause Discarded Materials to be placed, deposited, or dumped upon private property.

(H) No person shall sweep into or deposit in a public place, the accumulation of Discarded Materials from a building or lot or public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises or business free of Discarded Materials.

(I) If a person within the City has not complied with an order of the City Code Enforcement Official to remove accumulation of Discarded Materials deemed dangerous to the public health to delay its removal by the expiration of the time permitted to do so, the City Code Enforcement Official may enter the premises and remove the offensive accumulation. The person responsible for such accumulation and/or the property owner of record shall be liable to the City for all costs, including without limitation, noticing, removal, collection, and disposal, in addition to other penalties.

(J) In accordance with Health and Safety provisions, it is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any Discarded Materials in or upon any public or private place unless the same shall be in a Container, either standard or detachable, having a close fitting cover such as herein specified, which Container shall be closed at all times except when opened to be filled or emptied.

(K) No person shall tamper or meddle with any Container. No person other than the owner thereof, the owner’s agents or employees, or the City, or a Permitted Self-Hauler shall remove the contents from any Container. No person, other than the City, or the City’s authorized agent, shall remove Recyclable Materials which have been segregated from other wastes and placed at a designated collection location for the purpose of collection and recycling by the City or the City’s authorized agent. (See Section 3-2-18 “Scavenging”) (Ord. 837-20, 8-18-2020)

The placement or burial of Discarded Materials upon private property or a public place or burning of Discarded Materials within the City is prohibited and is a misdemeanor. (Ord. 837-20, 8-18-2020)

(A) Discarded Materials, when placed in Containers by occupants or owners of the premises upon which the same are located, shall be subject to the exclusive control of the City, its agents or contractors. No person shall meddle with Discarded Materials Containers or in any way pilfer or scatter the contents thereof.

(B) It is unlawful for any person or persons to remove Source Separated Recyclable Materials from any Containers. Any person found to be in suspicion of violating this section, shall prove ownership of said material to the satisfaction of the City designated official inspecting said material. Failure to satisfactorily demonstrate ownership of materials shall result in the immediate seizure of all Recyclable Materials on or with person(s) found to be in violation of this Section. This provision does not preclude a property owner from separating and hauling Recyclable Materials generated on the premises.

(C) Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine and/or penalty up to the maximum amounts set forth in Title 1, Chapter 3 of the City’s Municipal Code. (Ord. 837-20, 8-18-2020)

No person owning, leasing, or occupying property adjoining any public Alley in the City shall fail, refuse, or neglect to keep that portion of such Alley between the centerline thereof, and the property line of such property free from Discarded Materials. A party’s failure to maintain their portion of a public Alley shall be in violation of Section 3-2-20 , “Illegal Dumping” and/or Section 3-2-21 , “Relocation or Removal of Encroachment” and subject to any and all fines, fees, and legal proceedings imposed on said party(ies). (Ord. 837-20, 8-18-2020)

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any Discarded Material, including but not limited to, swill, cans, bottles, tires, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, plants, or cuttings of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, Alley, public way or any public or private property of any kind whatsoever. Any person found in violation of this Section shall be subject to the fines and actual costs incurred by City associated with removal of the illegally dumped item(s). Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine and/or penalty up to the maximum amounts set forth in Title 1, Chapter 3 of the City’s Municipal Code. (Ord. 837-20, 8-18-2020)

When any encroachment authorized or unauthorized is found to be in conflict with the use of public property or existing or proposed facilities owned, maintained, or operated by the City, such encroachment shall, upon one (1) written notice by the City, be permanently relocated in such a way as to eliminate the conflict, said relocation shall be at the sole expense of the party who placed the item. If the party fails to comply with said written notice within a twenty-four (24) hour period of time, the City may remove encroaching item(s) at the expense of the party. Party shall receive one (1) Notice of Violation per identified items. Repeat violations of this Chapter shall result in additional fines and actual costs incurred by City associated with removal of the illegally dumped item(s). Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine and/or penalty up to the maximum amounts set forth in Title 1, Chapter 3 of the City’s Municipal Code. (Ord. 837-20, 8-18-2020)

(A) Authority. City Manager or his/her Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container; collection vehicle loads; or transfer, processing, or disposal facility for materials collected from generators, to confirm compliance with this ordinance by Organic Material Generators, Commercial Businesses (including Multi-Family Residential Dwellings) property owners, Commercial Edible Food Generators, Permitted Self-Haulers, and Food Recovery Services and Food Recovery Organizations, subject to applicable laws.

1. Per Title 1, Chapter 3, Section 5 on the Municipal Code, these powers include the power to issue notices of violation, the power to assess and collect civil fines and penalties as provided in this chapter, and the power to enter and inspect public and private property as permitted by law. This Section does not allow City to enter the interior of a private residential property for Inspection.

(B) Regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. As per Title 1, Chapter 3, Section 5 and in accordance with the requirements of this Section, the City Manager or his/her Designee is authorized to enter upon any property or premises to ascertain whether there are violations of this code, and to make any Inspections and investigations that may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein as may be necessary in the performance of his or her duties.

(C) Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in a determination that the generator is out of compliance with one or more requirements of this Chapter.

1. If the property owner or other responsible person refuses permission to enter or inspect, the public official may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure or as otherwise authorized by law. Following the obtaining of owner permission to inspect or a lawful inspection warrant, the public official is authorized to conduct examinations and surveys that may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations and surveys shall be done in a reasonable manner and shall at all times comply with constitutional and statutory requirements (Title 1, Chapter 3, Section 5 )

(D) Any records obtained by a City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(E) City representatives and/or its designated entity/Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

(F) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Title 1, Chapter 3 of the City’s Municipal Code. (Ord. 837-20, 8-18-2020)