Ventura Municipal Code § 6.500.270 Failure to pay

13 Editor’s note(s): Section 2 of Ord. No. 2022-012 , adopted November 8, 2021, amended Article 2 in its entirety to read as herein set out. Former Article 2 pertained to the same subject matter, and derived from the 1971 Code; and Ord. No. 2002-02, adopted January 24, 2002.

The city council may from time to time enter into franchise agreements for the collection of solid waste, green waste and recyclable materials from residential and commercial premises. All franchise agreements may be entered into without competitive bidding. (Ord. No. 2021-012, § 2, 11-8-21)

A. Collection and removal of solid waste, including black container waste, food waste, green waste, and recyclable materials by a franchisee shall be made in accordance with the terms and conditions of this chapter and the franchise agreement between the city and the franchisee.

B. Franchisee shall collect solid waste, including black container waste, food waste, green waste, and recyclable materials from the curbside, sidewalk, parkway, or paved alley and dispose of all solid waste, including black container waste, food waste, green waste, and recyclable materials generated at residential premises within the city and delivered for collection, not less than once per week, except as otherwise provided in Section 6.500.550(C).

C. Franchisee shall collect and dispose of all solid waste, including black container waste, food waste, green waste, and recyclable materials generated at multifamily residences, commercial businesses, and industrial premises within the city and delivered to a container for collection not less than once per week, except as otherwise provided in Section 6.500.550(C). If such waste is putrescible and delivered for collection to a drop box, it also will be collected not less than once per week, except as otherwise provided in Section 6.500.550(C). If such waste is nonputrescible and delivered for collection to a drop box, it will be scheduled with the waste generator for collection. (Ord. No. 2021-012, § 2, 11-8-21)

Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste, including black container waste, food waste, green waste, or recyclable materials within the city unless such person is a solid waste, black container waste, food waste, green waste, or recyclable materials collection and hauling franchisee, or unless the solid waste, black container waste, food waste, green waste, and/or recyclable materials collected is exempted under this section. It is unlawful for any person to permit, allow or enter into any agreement whatsoever, for the collection or transportation of solid waste, black container waste, food waste, green waste, or recyclable materials with any person who is not a solid waste, black container waste, food waste, green waste, or recyclable materials collection and hauling franchisee, except for, and subject to the following exemptions:

A. Green waste removed from a premises by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a transportation service.

B. Tree trimmings, clippings, and all similar materials generated at parks, and other city-maintained premises, which may be collected and transported by the city to the disposal site or processing facility.

C. Hazardous or dangerous materials; liquid and dry caustics; acids; biohazardous, flammable, or explosive materials; insecticides; and similar substances.

D. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5).

E. Demolition and construction debris removed from a premises by a licensed contractor using its own employees and equipment as an incidental part of a total service offered by that contractor rather than as a hauling service.

F. Byproducts of sewage treatment, including sludge, grit and screenings.

G. Solid waste which is generated at any premises and which is transported personally by the owner or occupant of such premises (or by their full-time employees) to a licensed public solid waste disposal facility in accordance with the self-haul requirements provided in Section 6.500.590 and other applicable laws.

H. Animal waste and remains from slaughterhouses or butcher shops for use as tallow.

I. Recyclable materials separated from solid waste by the waste generator and for which the generator is compensated by a permittee who shall not receive value from the waste generator for the permittee’s services to the waste generator. (Ord. No. 2021-012, § 2, 11-8-21)

Notwithstanding the provisions of Section 6.500.230, a person who has been operating a business that collects, transports and disposes of solid waste, serving any county residents or customers in a county area that is annexed to the city effective on or after July 1, 1993, may continue providing the service previously provided, without expansion thereof, as a legal nonconforming activity, for the remainder of the current term of any existing county franchise, permit or other similar authorization to carry on such activity, or for three years from the date the resident or customer’s property became annexed to the city, whichever is the lesser. Any such legal nonconforming activity must, at all times, comply with any and all standards and requirements that would be applicable were the residents or customers still being served while situated in unincorporated county area, and with any and all requirements of this article not inconsistent therewith. Where the requirements of this article are greater or more restrictive, such greater or more restrictive requirements shall apply. There may be no expansion of customers or territory served within the city. Should service of particular customers or within particular areas cease, the same may not and shall not be renewed or reinstituted. All rights and powers of the city, by way of example and not a limitation, as specified in this section and Section 6.500.310 and otherwise existing under law, are expressly reserved and retained. The privilege to continue as a legal nonconforming activity within the city may be discontinued by the city at any time either by exercise of the city’s retained rights or powers or for specific cause, as, for example, but without limitation, for failure of the legal nonconforming activity to comply with an applicable requirement. (Ord. No. 2021-012, § 2, 11-8-21)

Each occupant of the city receiving services from a franchisee shall be billed by the franchisee periodically in accordance with the rates established by the city council.

Should any occupant fail, refuse or neglect to pay any such bill, then, in the event, a penalty may be added to the bill and the sum, together with any costs incurred by the franchisee may be recovered by the franchisee, as provided by law. (Ord. No. 2021-012, § 2, 11-8-21)

Failure or refusal to pay fees assessed pursuant to this article may result in the noncollection of solid waste, including black container waste, food waste, green waste and recyclable materials, which condition the city council may declare to be a public nuisance if permitted to exist. In the event that there is nonpayment, the director of public works shall direct the franchisee to make collection and the expenses and charges of collection, including penalties, may be assessed against the property as provided by law. In the event of nonpayment, the franchisee shall nonetheless continue to collect solid waste, including black container waste, food waste, green waste and recyclable materials if directed to do so by the director of public works. (Ord. No. 2021-012, § 2, 11-8-21)