Thousand Oaks Municipal Code Art. 5 Service Recipient Responsibilities

Payment for service of Solid Waste, Organic Waste, and Recyclable Materials collection from single-family/duplex, Multi-Family dwellings, Mixed-Use dwellings, and all commercial and industrial accounts is an obligation of the Service Recipient, regardless of any lease or possession held by another. In the case of non-payment by the Service Recipient, the owner of the residential unit, commercial, and industrial establishment shall be responsible for payment.

(Ord. 1688-NS, eff. December 17, 2021)

(a) Residential Collection Containers. Residential Service Recipients shall use only those Collection Containers provided by the Exclusive Franchise Contractor and as herein specified for the accumulation and disposal of source separated Solid Waste, Organic Waste, and Recyclable Materials. Service Recipients shall maintain Collection Containers in a sanitary and functional manner.

(b) Residential collection limits. The maximum number of Garbage Collection Containers that can be placed for weekly residential collection by an Exclusive Franchise Contractor is two carts, each with a capacity of no more than 96 gallons, excluding source-separated Recyclable Materials and Organic Waste. No residential Service Recipients shall set out, or cause to be set out, for collection Solid Waste, Organic Waste, or Recyclable Materials other than Solid Waste, Organic Waste, or Recyclable Materials originating at that premises. The combined weight of a Residential Collection Container and its contents shall not exceed the maximum weight limit of the Collection Container. Container lids must be kept closed at all times except during the loading and unloading process.

(c) Commercial Collection Containers. Commercial Service Recipients shall use only Contractor-provided Collection Containers as herein specified for the accumulation and disposal of source separated Solid Waste, Organic Waste, and Recyclable Materials. The combined weight of a Commercial Collection Container and its contents shall not exceed a weight that can be maneuvered safely by one person and lifted by the Contractor's collection vehicle. Special handling charges shall apply for overweight bins. Container lids must be kept closed at all times except during the loading and unloading process.

(d) Temporary Containers for Limited Franchise Service. Service Recipients may contract with Limited Franchise Contractor to provide Bins, Roll-offs, and/or Drop Boxes for Residential and Commercial Service Units for the temporary accumulation and disposal of source separated Solid Waste, Organic Waste, and Recyclable Materials generated by short-term clean up, event, land clearing, and Construction and Demolition projects.

(e) Filling of containers. No Service Recipient shall so fill any container with Solid Waste, Organic Waste, or Recyclable Materials above the top of the container to such an extent as to permit the contents of any container to be strewn about or prevent lids from being closed. Material shall not be compacted in the Collection Container to the extent that the material cannot fall out of the container by its own weight when being serviced by mechanical means by the Contractor's collection vehicle. Containers filled beyond their stated weight capacity will not be serviced.

(Ord. 1688-NS, eff. December 17, 2021)

Residential Service Recipients shall set out or place Collection Containers for the collection of Solid Waste, Organic Waste, and Recyclable Materials by the Exclusive Franchisee as follows:

(a) Proper location of Collection Containers. Collection Containers shall be placed on the street against the curb, rolled curb, swale, or driveway approach in front of premises where the Solid Waste, Organic Waste, or Recyclable Materials originated or along the alley in the rear of the premises, depending upon whether the prescribed collection route is along the street or alley. The City or Contractor (with the authorization of the City) may alter the placement location for containers as necessary for safety, construction or other tenable reasons upon notice to Service Recipient. Any Collection Container placed for collection in an alley shall be placed as close to the property line as possible. Placement of Collection Containers for collection shall not impede pedestrian or handicap accessibility on the public sidewalk or right-of-way.

(b) Timing of placement and removal of Collection Containers. Collection Containers may not be placed out for collection any earlier than 4:00 p.m. on the day before the designated collection day for their route. All Collection Containers shall be removed from public view before 8:00 a.m. the day after the Collection Containers have been serviced. Collection Containers shall be stored away from general public view at all other times.

(c) Responsibility for containers. Service Recipient shall be responsible for Collection Containers on the premises and shall maintain the same in a sanitary condition. If, after correct and timely placement of Collection Containers for collection, the Collection Containers are not emptied and contents removed on the date and time scheduled by the Exclusive Franchise Contractor, Service Recipient should immediately notify the Contractor who shall arrange for the collection and disposal or processing of the materials. Exclusive Franchise Contractor must collect materials within 24 hours of receipt of Service Recipient notification, weekends and Holidays excepted.

(Ord. 1688-NS, eff. December 17, 2021)

Commercial Service Recipients shall set out or place Collection Containers for the collection of Solid Waste, Organic Waste, and Recyclable Materials by the Exclusive Franchisee as follows:

(a) Placement. Commercial Collection Containers must be stored in designated enclosures that comply with all conditions set forth in the City's Waste Enclosure Guidelines or as amended or placed elsewhere on the premises in a location approved by the City Manager or designee if siting constraints apply.

(b) Maintenance. Commercial Service Recipients shall be responsible for the Collection Containers on the premises. Commercial Service Recipient must maintain Collection Container enclosure in a sanitary condition and is responsible for cleanup of material around the Collection Container, unless such spillage is caused by the Contractor. If the Collection Containers are not emptied and the contents removed on the date and time scheduled by the Contractor, Service Recipient should immediately notify the Contractor who shall arrange for the collection and disposal or processing of the materials. Contractor must collect materials within 24 hours of receipt of Service Recipient notification, weekends and Holidays excepted.

(Ord. 1688-NS, eff. December 17, 2021)

It is unlawful for any person owning, managing or having control of a premises to permit the accumulation of Solid Waste such that it emits offensive odors, becomes or remains unsightly or a threat to the public health or safety, or is 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, parcel of land, vacant land or any public or private street, lane, alley or driveway, except as provided in this Chapter, other than as follows, or as exempted by the City Manager or designee:

(a) Solid Waste material. Solid Waste material shall not be accumulated or stored for a period of time in excess of seven (7) days.

(b) Holidays. The above periods of time, which end in any week in which a Holiday occurs, are extended one additional day.

(c) Unauthorized disposal. Other than as herein set forth in this Chapter, it is unlawful for any person or legal entity to dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or otherwise dispose of or store Solid Waste on any private or public property within the City, except in an authorized or permitted container or at an authorized or permitted Solid Waste Collection facility. Storage of leaves, grass clippings, and other Organic Material may be permitted for the purpose of Composting under such circumstances and conditions as are established by the City Manager or designee.

(Ord. 1688-NS, eff. December 17, 2021)

Commercial Service Recipients that generate four (4) cubic yards or more per week of Solid Waste, Recyclable, and Organic Materials in aggregate, shall separate Recyclable Materials for collection by Franchise or Permittee for recycling, and shall not dispose of such materials as Solid Waste, in accordance with AB 341. Commercial Service Recipients who do not subscribe to Commercial Recycling Service with a Commercial Franchise or Permittee may utilize alternate methods for processing and diverting from landfill disposal their Recyclable Materials, but shall verify compliance with AB 341 annually by completing and submitting a City-provided compliance certification form.

(Ord. 1688-NS, eff. December 17, 2021)

Commercial Service Recipients that generate two (2) cubic yards or more per week of Solid Waste, Recyclable, and Organic Materials in aggregate, shall separate Organic Materials for collection by Franchise or Permittee for recycling, and shall not dispose of such materials as Solid Waste, in accordance with AB 1826 and SB 1383. Commercial Service Recipients who do not subscribe to Commercial Organics Recycling Service with a Commercial Franchise or Permittee may utilize alternate methods for processing and diverting from landfill disposal their Organic Materials, but shall verify compliance with AB 1826 and SB 1383 annually by completing and submitting a City-provided compliance certification form.

(Ord. 1688-NS, eff. December 17, 2021)

It is unlawful for any person to cause or permit the burning or incineration of any Solid Waste, Organic Waste, Recyclable Materials, Hazardous waste, or medical waste within the City limits.

(Ord. 1688-NS, eff. December 17, 2021)