Tustin Municipal Code Part 7 Enforcement

a. Authority. The Director of Public Works shall have the authority to enforce the provisions of this Chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Code.

b. Impounding of containers. If a solid waste container for storage of divertable materials or municipal solid waste is not properly identified as belonging to the contracted hauler, or if the terms of the collection contract, or of this Chapter are not complied with, then the container shall be subject to removal and impound by order of the Director of Public Works pursuant to Section 4372.

c. Civil remedies. Nothing in this Chapter shall be deemed to limit the right of the contracted hauler or the City to bring a civil action against any person who violates this Chapter, nor shall a conviction for such violation exempt any person from a civil action brought by the contracted hauler or the City.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set forth in Section 1121 of this Code.

b. In addition, in the event any violation of this Chapter constitutes an imminent danger to public health, safety or the environment, the Director of Public Works may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include, but is not limited to, circumstances created by a disposal of divertable materials, municipal solid waste or hazardous waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment.

c. Violations of this Chapter are deemed public nuisances, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this Code and State law. All costs and fees incurred by the City because of any violation of this Chapter, which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated, and a personal obligation against the owner. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises.

d. The City may utilize any and all other remedies as otherwise provided by law to enforce the provisions of this Chapter.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Unauthorized solid waste containers. No person shall place or leave standing a container for storage of divertable materials or municipal solid waste on any public or private property within the City except for collection and processing of divertable materials and disposal of municipal solid waste by contracted hauler or as otherwise specifically authorized in this Chapter.

b. Containers for collection of recyclable materials exempted. Nothing in this Section shall prohibit the placement of containers for the collection of recyclable materials sold or donated by the generator of such materials. If, however, the generator of the recyclable materials is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of the recyclable materials, or for the use of containers for such solid waste, this exemption shall not apply. The person providing containers for the collection of recyclable materials shall have the burden of showing that the recyclable materials were sold or donated in compliance with the exemption herein.

c. Removal of unlawfully placed containers for divertable materials and municipal solid waste.

1. The Director of Public Works may cause the posting of a notice to remove, in a conspicuous place, on any container for storage of divertable materials or municipal solid waste that is placed on any public or private property within the City in violation of this Chapter.

2. Notices to remove posted pursuant to the provisions of this Chapter shall specify the nature of the violation and shall state that the subject container must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner of the container. The posting of a notice to remove shall constitute constructive notice to the owner and to the user of the Container of the requirement to remove the container.

3. If the container for storage of divertable materials or municipal solid waste is not removed within twenty-four (24) hours after the notice to remove is posted, the Director of Public Works may direct the removal and storage of the subject container and the disposal of its contents.

4. If the identity of the owner of an unlawfully placed container that has been removed by the City is known to the Director of Public Works, the Director of Public Works shall promptly cause notice to be mailed to the owner to claim the stored property. If the Container is not claimed within ninety (90) days after removal and notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.

5. After an unlawfully placed container has once been removed by the City pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this Chapter, including the prohibition of placement of containers for storage of divertable materials or municipal solid waste by any person other than those exempted. In the event of a subsequent placement of a container owned by the same owner, the Director of Public Works may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed container and shall, in such case, give notice to the owner to claim the subject container. In such event, the owner shall be responsible to reimburse the City or its agent for the actual cost of removal, storage and disposal of the contents of the container, which cost shall be paid by the owner before the container is returned to the owner. If the container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection 4. above, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.

6. The owner of the container shall be responsible to reimburse the City or its agent for the actual cost of the removal, storage and disposal. All amounts due to the City or its agent for the cost of the removal, storage and disposal shall be paid before the subject container is returned to the owner. The costs incurred by the City or its agent for removal, storage and disposal shall constitute a debt owed to the City or its agent by the owner, who shall be liable therefore in an action by the City for the recovery of such amounts.

(Ord. No. 1519, Sec. 2, 12-7-21)