Vallejo Municipal Code Ch. 7.48 Collection

Unless otherwise approved by the city council, collection of solid waste, recyclables and green waste shall take place no less than once each calendar week, on the same day of the week, with exception of holidays, or at such other collection frequencies as the health department or public works director may require. The franchisee shall collect all solid waste, recyclables and green waste placed for collection in compliance with this chapter from each residential, and/or, commercial/industrial business premises in accordance with a schedule which has been approved by the public works director. The schedule shall identify the routes and days of pick up for each collection district established within the city.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. "Residential collection" means all solid waste, recyclables and green waste collected shall be disposed of or recycled by the franchisee in accordance with all applicable federal, state and local laws and regulations and the franchise agreement.

B. "Collection service off alleys" means that the owner shall place solid waste, recyclables, and green waste carts in an alley location easily accessible by the franchisee, but not in a manner which impedes or creates a hazard for vehicular or pedestrian traffic.

C. "Placement and removal of cart(s)" means every resident shall place each solid waste, recyclables, and green waste cart(s) three feet apart at the curb or the side of the premises where the premises are adjacent to more than one street, in a clearly accessible location to permit the franchisee's collection. Upon collection, all solid waste, recyclables, and green waste containers shall be emptied and replaced in an upright position, at the location where found by the franchisee. No person shall place any such cart(s) for collection earlier than sunset of the day preceding the day designated for collection, and all cart(s) shall be removed from the place of collection prior to ten p.m. of the day the cart(s) have been emptied. Such cart(s) shall be removed to a storage location, which is not visible from any public right-of-way, excluding alleys.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. Except as otherwise provided in this chapter, each commercial/industrial business owner shall utilize the services of the franchisee for the collection of solid waste, recyclables and green waste from the commercial/industrial business premises held or occupied by such renter or owner and shall pay for such services the fees set by the franchisee and authorized by the city council. No commercial/industrial business owner shall enter into an agreement for solid waste, recyclables and green waste collection services with any person other than the franchisee, except as otherwise expressly provided in this chapter.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. The terms and conditions of any franchise agreement entered into by the city and any person for the collection, removal, and disposal of solid waste, recyclables and/or green waste accumulated or generated within the city shall be as provided or approved by other ordinances and resolutions of the city council. The terms and conditions of the franchise agreement shall provide for the operation of a clean, efficient, and comprehensive collection and disposal service sufficient for the protection of the public health, safety, convenience, and welfare of the people of the city; provided, however, that nothing contained in this chapter shall alter, vary, or abridge the terms of any franchise agreement heretofore executed by the city and relating to the collection, removal, and disposal of solid waste and/or recyclables.

B. Except as otherwise expressly provided in Sections 7.48.050 and 7.52.020, at such time as there is in full force and effect a franchise agreement entered into by and between the city and any person, which is incorporated herein by this reference, granting such person the exclusive privilege or right to collect solid waste recyclables and/or green waste in the city, it shall be unlawful for any person other than the franchisee to collect, transport, or dispose of, for payor compensation, whether money, in kind or for the salvage value of the material collected, any solid waste recyclables and/or green waste within the city unless specifically exempted and given the written permission of the franchisee, subject to the approval of the city manager.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. Nothing contained in Chapters 7.44 through 7.52 shall be construed to prohibit or prevent any person from removing, taking, hauling, transporting, or disposing of any solid waste, recyclables and green waste which the franchisee is not given the exclusive privilege or right to collect or dispose of under the terms and conditions of the franchise agreement, accumulated or generated in the city; provided that said solid waste, recyclables and green waste are kept, hauled, transported and disposed of in the manner prescribed in Chapters 7.44 through 7.52 and other applicable laws.

B. Every owner of a premises where it is required in Chapter 7.44 that the franchisee provides solid waste, recyclable and green waste container(s) shall subscribe for and pay the franchisee for minimum service for the collection and disposal of solid waste, at such rates or collection charges as prescribed in this chapter, and shall bear the responsibility for payment of said charges. An owner may authorize a tenant to act in his behalf to subscribe and pay for service, but such shall not relieve an owner from his liability hereunder; and, unless notice to the contrary is given the franchisee, any additional services contracted for by a tenant so authorized to act shall be chargeable to the owner. In the case of any leased or rented apartment, flat, duplex, or multiple-family dwelling, the owner shall subscribe to such collection and disposal service for each occupied dwelling unit therein and shall directly bear the responsibility for payment of the cages for such collection and disposal services. The franchisee shall give written notice to the health department or public works director of the name and address of any person or owner who fails to subscribe for such collection and disposal service and the address of the premises for which such collection and disposal service has not been subscribed, unless the franchisee has been notified by the owner or other person in lawful possession that the property is temporarily not occupied, and when the franchisee has determined that said condition actually exists on the premises.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. If the health department or public works director has reason to believe that any owner of any premises within the city who has not met the self-hauler requirements set forth in Section 7.44.183 has failed to subscribe to, maintain subscription to collection and processing or disposal service for solid waste, recyclables, and organic waste, and/or or defaulted in payment of such service, which default shall be presumed if an account is more than ninety days in arrears, the health department or public works director may cause written notice to be mailed to the owner of the premises. In case of non-subscription, such written notice shall require subscription for such service within ten calendar days after receipt of the notice, or to appear in the health department office or public works department to show why such subscription should not be required. Any such notice shall state that if the person to whom it is directed fails within the ten calendar day period to subscribe for such collection and processing or disposal service or fails to appear and show cause why such person should not be required to so subscribe, the health department or public works director will authorize such services and the charges therefor will be assessed against the real property upon which the premises served are located as specified in this chapter.

B. If the health department or public works department has reason to believe that any subscriber, or person responsible for payment for collection and processing or disposal service of solid waste, recyclables, and organic waste, has defaulted in payment as defined above, the department or public works director may cause written notice to be mailed to the owner of the real property so affected notifying said owner that service will be continued for health and safety reasons and that the city has been authorized to institute lien proceedings against the property for services and charges rendered as specified in this chapter.

C. The notices specified in this section shall be served upon the owner by placing a true and correct copy thereof in the United States mail, certified or registered, postage fully prepaid and addressed to the owner at his last known address as shown on the latest equalized assessment roll of Solano County, or in the manner set out for service of summons in Part 2, Title 5, Chapter 4, Articles 3 and 4 (commencing with Section 415.10) of the California Code of Civil Procedure. A copy of said notice shall be transmitted to the franchisee on the same date as said notice is served upon the person. Service shall be deemed complete at the time of deposit in the United States mail. The franchisee shall notify the health department or public works director in writing if the person or persons upon whom notice was served have, within ten calendar days after such service, subscribed for the collection and processing or disposal of solid waste, recyclables, and organic waste, or made payment for charges due, as the case may be.

(Ord. 1595 N.C. (2d) § 3 (part), 2007; Ord. No. 1849 N.C. (2d), § 36, 4-13-2021)

At the appearance required by Section 7.48.060, the health department or public works director may find excluded from the requirements of said section only those persons who show:

A. That they are not owners of the property mentioned;

B. That every residential unit on the property is vacant or temporarily unoccupied for a period in excess of two weeks;

C. That the occupant of a single-family dwelling is a senior citizen (or citizens) on a low to moderate fixed income who shares the minimum service with an immediately adjacent neighbor and follows such practices and meets such requirements as may be prescribed by the health department or public works director;

D. That the occupant of a single-family dwelling recycles all, or virtually all, solid waste produced by occupants of the premises pursuant to recycling procedures approved by the health department or public works director.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

A. If the health department or public works director receives notice that any person or persons upon whom notice was served pursuant to Section 7.48.060 have failed within the time specified therein to subscribe for the collection and processing or disposal service, or have failed to make timely payment therefor, the health department or public works director shall order the franchisee to provide, or, in the case of nonpayment of charges, to continue to provide such collection and processing or disposal services to the premises. The franchisee shall bill the city once per year in July at the rates specified in the ordinances establishing charges during the period that it provides such collection and processing or disposal service upon the order of the health department or public works director, which may include costs necessary for the removal of accumulated wastes found on the premises at the time service is ordered by the health department or public works director. No charge ordered by the health department or public works director shall be presented to the city until service has been provided at least ninety days, and the franchisee shall attempt to collect payment from the subscriber for such service in its ordinary fashion prior to the end of said ninety days.

B. By resolution, the city council shall establish, pursuant to Charter Section 711, a revolving fund for reimbursement of the franchisee for service rendered pursuant to order of the health department or public works director in subsection A of this section. The amount of said fund shall be determined by the council, and thereafter said fund shall be maintained from receipts of assessments levied and collected pursuant to this chapter.

C. Notwithstanding subsections A and B of this section, the franchisee may discontinue service to subscribers for bin service, debris box, or equivalent multi-can service, except single-family residences, where payment is not made for such services within ninety days, upon notice to the health department or public works director. In such case, the franchisee may treat said delinquency as a debt and collect therefor by any means provided by law, and the city shall not be obligated therefor. Nothing herein shall be deemed to relieve any owner, tenant or other person in possession of such premises from any obligation pursuant to Chapters 7.40 through 7.52. In cases where restoration of service is necessary for reasons of immediate danger to public health, as determined by the health department or public works director, the same may be ordered as set out in this chapter.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 37, 4-13-2021)

The city manager or his designee shall keep an account of the charges presented to the city by the franchisee pursuant to Section 7.48.080 for each parcel of real property served and shall embody such account in a report and assessment list to the city council, which report shall be filed with the city clerk. The report shall refer to each separate parcel of real estate by description sufficient to reasonably identify it, together with the charges proposed to be assessed against it. For each parcel so identified, an administrative charge of ten percent shall be added to the charges due upon the parcel, but in no case shall such additional charge be less than fifty dollars. All such administrative charges shall be retained by the city and shall not be paid to the franchisee.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

The public works director shall cause, or direct to be caused, written notice, in a form approved by the city attorney, to be mailed to the persons named in the report and assessment list provided by the public works director. The written notice shall be mailed by first class United States mail to each person named in the report at the address shown on the latest equalized assessment roll of Solano County. Service shall be deemed complete at the time of deposit in the United States mail.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

At the time and place fixed for receiving and considering the report, the city council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the council shall make such corrections or modifications in any proposed assessment which it may deem to be excessive or otherwise incorrect after which such assessments shall be confirmed by resolution of the council. and the amount thereof shall constitute a lien on property assessed until paid or, at the option of the city council, such assessment may be declared a personal obligation of the assesses. The confirmation of assessments by the city council shall be final and conclusive.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

It is lawful for any person to pay the amount of such assessment for the collection and processing or disposal of solid waste, and recyclables, and organic waste on or before the fifteenth day of July following the date the confirmation of assessment was made by the council. If the assessment is not paid on or before said date, and has not been declared a personal obligation of the owner, the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property, and shall be subject to the same collection procedures and penalties as are provided for other delinquent taxes or assessments of the city. If declared a personal obligation, such assessment shall be a debt and may be collected by any means permitted by law.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 38, 4-13-2021)

Upon satisfaction of the entire amount of any lien imposed pursuant to this chapter, the city will, upon request and payment of any recording fees required therefor, record a release of the lien in the official records of the recorder of Solano County, California.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

Upon review of the franchisee's rate adjustment application, the city council shall by resolution establish minimum service by the franchisee and the maximum rates or charges that may be charged for collection.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

Upon review of the franchisee's rate adjustment application, the city council shall by resolution establish maximum compaction rates or charges that may be charged for compaction services.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

There is created a special fund of the city to be known as the household hazardous waste fund, into which shall be deposited all fees received from a special residential household hazardous waste surcharge to be set as part of city council review of the franchisee's rate adjustment application.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

The council may by resolution implement recycling programs consistent with the council's determination as to the best manner in which recycling services are to be provided to the residents and businesses in the city of Vallejo, including mandatory subscription to such programs.

(Ord. 1595 N.C. (2d) § 3 (part), 2007.)

Pursuant to the provisions of Senate Bill 1383 as may be amended, it shall be a violation of this chapter for any franchised hauler, self-hauler, or commercial or residential organic waste generator to direct organic waste for use as alternative daily cover. Each day a violation of this chapter occurs shall be deemed a separate offense subject to all applicable penalties, enforcement mechanisms, and legal and equitable remedies. The city may take any and all actions reasonable and necessary to enforce this section, including but not limited to, conducting inspections to verify compliance.

(Ord. No. 1849 N.C. (2d), § 39, 4-13-2021)

A. City may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this ordinance if the commercial business submits an application specifying the collection services they are requesting a waiver from and provides documentation satisfactory to the city demonstrating that either:

1. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection comprises less than twenty gallons per week per applicable container of the business' total waste; or

2. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection comprises less than ten gallons per week per applicable container of the business' total waste.

B. Commercial businesses or property owners may request a physical space waiver by submitting an application specifying the services they are requesting a waiver from and providing documentation satisfactory to the city that the premises lacks adequate space for containers for organic waste and recyclables, including documentation from its hauler, licensed architect, or licensed engineer.

C. If city has approved waiver, written verification satisfactory to the city for eligibility for continued waiver shall be provided to the city every five years upon City's approval of waiver.

(Ord. No. 1849 N.C. (2d), § 40, 4-13-2021)