Victorville Municipal Code Ch. 6.36 Solid Waste Services

As used in this chapter:

(1) "Authorized recycling agent" means a person (and the agents, servants and employees of such person) that the city authorizes to collect its recyclable waste material. An authorized recycling agent may be a municipal collection service, private refuse hauler, private recycling enterprise, private nonprofit corporation or association or the city waste handling contractor.

(2) "Bin" shall mean a metal container for the collection of solid waste and recyclable materials between one and four cubic yards in size which is serviced by mechanical means.

(3) "Bulky waste" shall mean large items of solid waste such as appliances, furniture, trees, branches greater than four inches in diameter and thirty-six inches in length, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods.

(4) "City waste handling contractor" means any person, firm, corporation or partnership that has been issued a contract or franchise by the city council for the purpose of providing solid waste handling services and/or recycling services to the customers of the city and the agents, servants and employees of such contractor. Such contract or franchise may be issued on an exclusive or nonexclusive basis.

(5) "City authorized waste and recycling contractors" means and includes any city waste handling contractor, any authorized recycling agent and the agents, servants and employees of such entities.

(6) "Curb collection" means the collection of solid waste and designated recyclable materials placed in a location at curbside of a residence so as not to obstruct the flow of traffic.

(7) "Designated recyclable materials" or "recyclable materials" shall mean items designated for placement in the standard container used for recyclables collection. Designated recyclable materials includes, but is not limited to: clean paper and cardboard, glass bottles and jars, tin and aluminum cans, plastic bottles, jars, and other plastic containers, and other recyclable materials which may be designated from time to time by the city manager or his/her designee.

(8) "Designated recycling collection location" means the place where an authorized recycling agent has contracted with the city to pick up recyclable material segregated from other waste material. Designated recycling collection location includes, but is not limited to, the curbside of a residential neighborhood, or the service alley or trash enclosure of a commercial enterprise.

(9) "Designated recycling container" means the container provided by the city, its authorized recycling agent or the city waste handling contractor to be used for the storage and collection of designated recyclable materials.

(10) "Fees" means the rates, fees, administrative and other charges associated with the provision of solid waste handling services and/or recycling and solid waste processing services to premises by the city or the city authorized waste and recycling contractors.

(11) "Green waste" means compostable materials including grass clippings, leaves, pruning and similar vegetative materials; but does not include sod, stumps or similar bulky materials, rocks or dirt.

(12) "Industrial waste" means solid waste resulting from industrial processes and manufacturing operations, including but not limited to wholesale and volume food-processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes.

(13) "Metallic discard" means any large metal article or product, or any part thereof, including, but not limited to, metal furniture, machinery, appliances, electronic products, vehicles, and wood burning stoves. Metallic discards are banned by the state from all municipal sanitary landfills.

(14) "Multiple dwelling" means a residential building designed for occupancy by more than one family, and consisting of four or more living units, even where there is no more than one water meter on such premises, but excluding hotels, motels and other premises designed for transient occupancy.

(15) "Premises" means any real property in the city which is developed and/or otherwise intended or suitable for occupancy or use by any natural person(s), corporation or other entity. Premises may be residential, commercial, industrial, or institutional.

(16) "Processing" means the reduction, separation, recovery, conversion or recycling of solid waste.

(17) "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(18) "Recycling and solid waste processing services" means the provision of services relating to processing and recycling of solid waste; as such terms are defined in this section.

(19) "Rules and regulations" means the rules, regulations and procedures governing the administration of and application for solid waste handling services and recycling and solid waste processing services. Except for such matters and guidelines over which the city manager or his/her designee is given authority by this chapter, rules and regulations shall be established by resolution of the city council.

(20) "Segregated from other waste material" means any of the following:

a. The placement of recyclable materials in separate containers;

b. The binding of recyclable material separately from the other waste material;

c. The physical separation of recyclable material from other waste material.

(21) "Single-family dwelling" means a detached building designed for occupancy by one family and consisting of a single living unit.

(22) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, concrete wash-out waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, green waste, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste as defined by the state, or low-level radioactive waste. Solid waste does not include medical waste which has not been treated for disposal at a solid waste facility.

(23) "Solid waste disposal" or "disposal" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.

(24) "Solid waste handling" or "handling" means the collection, transportation, storage and transfer of solid wastes.

(25) "Solid waste handling services" means the collection, transportation, storage and transfer of solid wastes for residential, commercial, institutional or industrial users or customers.

(26) "Standard container" means such container(s) as may be approved by the city to be provided by the city authorized waste and recycling contractors.

(27) "Waste generator" means any person or entity, including but not limited to, occupants of premises, owners of premises (or such assignees as may be designated by the owners of such premises pursuant to the rules and regulations) and any contractors or subcontractors acting on such person or entity's behalf, whose act or process produced solid waste, or whose act first causes solid waste to become subject to city's regulatory authority. A contractor or subcontractor engaged for the purpose of collecting, hauling, and transporting waste is not a waste generator.

(Ord. No. 2270, § 1, 3-15-11)

(a) In compliance with the California Integrated Waste Management Act (State Public Resources Code Section 40000, et seq.) and subsequent revisions thereto, the city shall devise programs to recover fifty percent of all solid waste generated within the city. In order to achieve this goal, it is necessary for the city to control the management of solid waste handling, processing, and disposal in the city.

(b) The city shall provide for solid waste handling services including, but not limited to, the collection, transfer and disposal of solid waste within the city. The city council finds that provision of solid waste handling services benefits all premises and persons in the city; and therefore, all owners of premises are made liable for charges adopted by the city council for solid waste handling services.

(c) The city shall also provide for recycling and solid waste processing services, which may include recycling of solid waste from any or all premises. The city council finds that provision of recycling and solid waste processing services benefits all premises and persons in the city; and therefore, all owners of premises are made liable for charges adopted by the city council for recycling and solid waste processing services.

(Ord. No. 2270, § 1, 3-15-11)

(a) The city shall provide for solid waste handling services, which shall include collection of all solid waste from all premises. The city may determine all of the following:

(1) Aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, fees, and nature, location and extent of providing solid waste handling services;

(2) Whether the services are to be provided by means of nonexclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the city council, the public health, safety and well-being so require, by partially exclusive or wholly exclusive franchise or contract, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the city council by resolution or ordinance. The city council may grant an option for an additional period for such solid waste handling services.

(b) The city manager or his/her designee shall have charge and supervision of such solid waste handling services from the various parts of the city so as to conform to the provisions of this chapter. When any routes or days of collection related to such services are established or changed, he/she shall give notice thereof in such manner as he/she deems best.

(Ord. No. 2270, § 1, 3-15-11)

(a) The city shall provide recycling and solid waste processing services, which may include recycling from all premises within the city. Such services may include designation of an authorized recycling agent. The city may determine all of the following:

(1) Aspects of recycling and solid waste processing which are of local concern, including, but not limited to, recycle material segregation from other material, designated recycling collection location, level of services, charges and fees, and nature, location and extent of providing solid waste processing services;

(2) Whether the services are to be provided by means of nonexclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the city council, the public health, safety and well-being so require, by partially exclusive or wholly exclusive franchise or contract, either with or without competitive bidding. The authority to provide recycling and solid waste processing services may be granted under terms and conditions prescribed by the city council by resolution or ordinance. The city council may grant an option for an additional period for such recycling and solid waste processing services.

(b) The city manager or his/her designee shall have charge and supervision of the authorized recycling agent's provision of services from the various parts of the city so as to conform to the provisions of this chapter. When any routes or days of collection relating to such services are established or changed, he/she shall give notice thereof in such manner as he/she deems best.

(Ord. No. 2270, § 1, 3-15-11)

(a) Except as otherwise provided in this chapter, solid waste handling services and recycling and solid waste processing services (collectively referred to hereinafter as "collection services") shall be provided by the city, its agents or the city authorized waste and recycling contractors to all occupied premises. For the provision of such collection services, the city shall collect such fees as are adopted by resolution of the city council as specified by the provisions of this chapter. This section applies to all occupied premises, whether residential, commercial, industrial, or institutional.

(b) To protect public health, safety and welfare, and to control the spread of vectors, each owner of occupied premises (or such assignees as may be designated by the owners of such premises pursuant to the rules and regulations) shall be responsible for initiating collection services within three days after occupancy commences and shall be responsible for the payment of all fees incident to such collection services.

(c) If the owner of any premises (or such assignee as may be designated by the owner of such premises pursuant to the rules and regulations) fails to initiate collection services for any premises, the city may initiate collection services service for the premises, and the property owner of record for such premises per the San Bernardino County Assessor's office will be billed.

(d) This section is declarative of the city's preexisting policies and procedures regarding required service for all occupied premises.

(Ord. No. 2270, § 1, 3-15-11)

The city and its duly authorized agents, servants and employees or the city waste handling contractor, while any contract or franchise with such contractor shall be in force, shall have the exclusive right to provide solid waste handling services from all premises in the city; and no person other than those above specified shall provide solid waste handling services, convey or transport any solid waste material in, along or over any public street, alley or highway in the city, or take any refuse or waste material set out for collection at the curb or alley, or from any container(s) in which the same may be placed for collection or removal, or interfere with or disturb any such materials placed for collection or any containers, or remove any such materials or containers from any location where the same is placed by the owner thereof. The exclusive franchise and right to provide solid waste handling services from all premises shall not preclude the categories of solid waste listed below from being delivered to and collected and transported by others provided that any person so doing obtains authorization from the city as required by the provisions of this code and/or from such other entities or agencies as may be required by state or federal law:

(a) Solid waste, green waste, organic materials, construction and demolition waste, and recyclable material which is removed from any premises by the waste generator, and which is transported personally by such waste generator (or his/her employees) to a processing or disposal facility in a manner consistent with all applicable laws and regulations, utilizing equipment owned and/or leased by the waste generator;

(b) Green waste removed from premises by an individual owner or occupant of the premises or by a duly licensed gardening, landscaping, or tree trimming contractor utilizing its own equipment, as an incidental part of a total service offered by that contractor rather than as a discrete hauling service;

(c) The collection, transfer, transport, recycling, processing, and disposal of animal remains and/or fats from slaughterhouses or butcher shops for use as tallow and rendering;

(d) The collection, transfer, transport, recycling, processing, and disposal of by-products of sewage treatment, including sludge, sludge ash, grit, and screenings;

(e) The collection, transfer, transport, recycling, processing, and disposal of hazardous substances, hazardous waste, and radioactive waste regardless of its source;

(f) Solid waste from governmental agencies other than the city, over which the city has no jurisdiction in connection with the regulation of solid waste;

(g) Solid waste collected by any person or corporation having a legal right to continue doing so, pursuant to State Public Resources Code section 49520, et seq., or otherwise, as long as and to the extent such legal right continues to exist;

(h) Any person removing industrial wastes as defined in Section 6.36.010 or any person removing large or oversized items of rubbish from his/her premises.

(Ord. No. 2270, § 1, 3-15-11)

City authorized waste and recycling contractors providing solid waste handling services and or recycling and solid waste processing services will be required to provide insurance in an amount provided for in the contract or franchise agreement.

(Ord. No. 2270, § 1, 3-15-11)

City authorized waste and recycling contractors providing solid waste handling services and or recycling and solid waste processing services will be required to provide a surety bond in an amount provided for in the contract or franchise agreement.

(Ord. No. 2270, § 1, 3-15-11)

The city and its duly authorized agents, servants and employees, or any authorized recycling agent, shall during such times as a contract or franchise with such agent shall be in force have the exclusive right to provide recycling and solid waste processing services from all premises in the city. No persons other than those above specified shall provide recycling and solid waste processing services, convey or transport any recyclable waste material in, along or over any public street, alley or highway in the city, or take any recyclable materials which have been placed at the curb for collection or from any container(s) in which the same may be placed for collection or removal, or interfere with or disturb any such container(s), or remove any such recyclable materials placed at the curb or any container(s) from any location where the same is placed by the owner thereof. The exclusive franchise and right to provide recycling and solid waste handling services from all premises shall not preclude the following activities, provided that any person so doing obtains authorization from the city as required by the provisions of this code and/or from such other entities or agencies as may be required by state or federal law:

(a) The sale or donation of designated recyclable material by the waste generator to any person or entity; provided however, that the waste generator receives monetary compensation for the material, or the material is picked up and disposed of at no cost to the waste generator. The waste generator may not contract with any other contractor or hauler to pay for removal of materials which have no monetary value.

(b) The removal of shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any premises by the owner or occupant of the premises or by any person holding a valid business license to engage in the nursery or gardening business, for the purpose of composting;

(c) Any persons removing industrial waste (which is also recyclable materials) as defined in Section 6.36.010, or any persons removing large or oversized items of recyclable waste material from their premises.

(Ord. No. 2270, § 1, 3-15-11)

Once solid waste, recyclable materials, green waste, bulky waste and/or construction and demolition waste is placed in a standard container and/or placed at the curb by a waste generator in order to permit collection/pick up of the waste(s), ownership of such wastes shall transfer to the city authorized waste and recycling contractors.

(Ord. No. 2270, § 1, 3-15-11)

Except as otherwise provided in this chapter, any owner of premises (or such assignee as may be designated by the owner of such premises pursuant to the rules and regulations) may contract with city authorized waste and recycling contractors for special collection services for handling solid waste and recyclable materials in excess of regular collection services.

(Ord. No. 2270, § 1, 3-15-11)

(a) To prevent harborage, or attraction of files, rodents, or other vectors, and the creation of nuisances, solid waste, except for inert materials, must be removed from premises at least once per week.

(b) Single-family dwellings and other residences or commercial premises with curb collection shall be provided with once per week collection.

(c) Multiple dwellings and commercial establishments serviced with dumpsters shall be collected at least once per week. The city manager, or his/her designee, may require a greater number of collections per week as deemed necessary to prevent nuisances and for the protection of public health, safety, and welfare.

(Ord. No. 2270, § 1, 3-15-11)

Solid waste and recyclable materials shall not be collected on any holiday when the county disposal site is closed. When collection cannot be made on a regularly scheduled day due to a holiday or other closure of the county disposal site, solid waste shall be collected one day late through the end of the week.

(Ord. No. 2270, § 1, 3-15-11)

All solid waste and recyclable materials collection shall be made as quietly as possible and the city council may fix and determine the hours of collection by resolution.

(Ord. No. 2270, § 1, 3-15-11)

All owners of record of premises where any solid waste and recyclable materials accumulate shall pay or cause to be paid to the city in such manner as shall be set forth in the rules and regulations, all fees (as defined in Section 6.36.010 of this chapter) associated with the handling, collection, disposal and processing of solid waste and recyclable materials as well as for the collection services (as defined in Section 6.36.036 of this chapter) provided to the premises by the city, its agents or the city authorized waste and recycling contractors. Such fees may be itemized on a single bill and collected together with charges for other utility services which the city provides to the premises, and are subject to such other billing and collection procedures as are set forth [in] the rules and regulations and the provisions of this chapter. This section applies to all residential and commercial premises.

(Ord. No. 2270, § 1, 3-15-11)

The fees to be paid for collection services shall be based on the type of occupancy and use of the premises, as well as the volume of solid waste or recyclable materials requiring removal. Such fees shall be adopted from time to time by resolution of the city council, following an appropriately noticed public hearing.

(Ord. No. 2270, § 1, 3-15-11)

(a) The furnishing of collection services to customers of the city's solid waste system shall be subject to the provisions of this chapter and the rules and regulations.

(b) Any fees authorized by this chapter, the balance of which remain unpaid and delinquent for sixty days or more, will become a lien against the premises to which such services are rendered, in accordance with the following procedure:

(1) The city council shall cause a report of delinquent fees for collection services to be prepared periodically, but in no event less than once a year. The city council shall fix a time, date and place for hearing the report and any objections or protests thereto.

(2) The city council shall cause notice of the hearing to be mailed to the landowners (owners of premises) listed on the report not less than fifteen days prior to the date of the hearing.

(3) At the hearing, the city council shall hear any objections or protests of landowners liable to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(4) 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 premises for the amount of such delinquent fees, including such late charges and cost of lien as are set forth in the report as confirmed.

(5) A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as other property taxes and liens 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 city ad valorem property taxes shall be applicable to such assessment.

(Ord. No. 2270, § 1, 3-15-11)

All solid waste shall be transported in covered and enclosed metal-lined containers that are waterproof and so constructed as to prevent solid waste or liquid therein from falling, leaking, spilling or escaping therefrom and to prevent odor escape as far as practicable. Every truck used for the hauling of solid waste shall be washed at least once a week, steam cleaned at least once a month, and kept in a well-painted condition. All solid waste and recycle material shall be removed, conveyed and disposed of in such a manner as not to be a nuisance, menace, or danger to the public peace, health and safety, and shall be in accordance with any rules or regulations as provided by the city council.

(Ord. No. 2270, § 1, 3-15-11)

All solid waste and recyclable materials collected in the city for disposal, recycling or processing shall be delivered by the city authorized waste and recycling contractors to such locations and under such conditions as the city council may designate.

(Ord. No. 2270, § 1, 3-15-11)

Solid waste shall be delivered by city authorized waste and recycling contractors to the place provided for the disposal thereof, as provided for in this chapter, on the same day that such solid waste is collected.

(Ord. No. 2270, § 1, 3-15-11)

(a) The owner or occupant of any premises shall place and store solid waste and refuse in the standard containers provided by the city, its agents or the city authorized waste and recycling contractors.

(b) The owner or occupant of any premises shall place and store designated recyclable materials in the designated recycling container(s) provided by the city, its agents or the city authorized waste and recycling contractors. Materials other than designated recyclable material(s) shall not be placed in the designated recycling container(s). Violation of this section may result in additional handling and processing fees and/or removal of recycling container(s). The provisions of Section 6.36.170 of this chapter shall also apply.

(c) The containers for solid waste and recyclables for residential curbside collection shall not exceed a weight of one hundred fifty pounds each when filled. Where weight limits are exceeded, handling shall be made in accordance with procedures established by the city manager or his/her designee.

(d) It shall be the duty of every person served to keep the solid waste and recycling container(s) used in the service of such person in a clean and sanitary condition.

(e) No customer shall so fill any container with solid waste, green waste, or recyclable materials above the top of the container, such that the lid cannot close completely. Material may not be compacted into the container to the extent that it cannot be easily removed by the city, its agents or the city authorized waste and recycling contractors.

(Ord. No. 2270, § 1, 3-15-11)

If the provisions of Section 6.36.110 are not fully complied with, the city, its agents or the city authorized waste and recycling contractors providing the collection services shall place a red tag on the container (notice of non-collection). No collection shall be made from any red tagged container(s) until such containers are filled with the proper type of materials, are of the proper weight and all other respects in conformance with the provisions of Section 6.36.110.

(Ord. No. 2270, § 1, 3-15-11)

(a) It is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any solid waste or recyclable materials in or upon any public or private place unless the same shall be in a container, either standard or bin, 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.

(b) Solid waste, recyclable materials, and all other wastes or materials are to be stored and collected in containers designated for such material.

(c) Commercial premises which compact recyclable materials into bales are not required to store bales in containers.

(Ord. No. 2270, § 1, 3-15-11)

The city or the city authorized waste and recycling contractors shall provide two or more separate containers for the expressed and respective purpose of recycling designated recyclable materials and disposal of solid waste. The recycling container may only be used for the storage and collection of designated recyclable materials. It is unlawful to place solid waste in the recycling container. The solid waste container may only be used for the disposal of solid waste materials. It is unlawful to place designated recyclable materials in the solid waste container.

(Ord. No. 2270, § 1, 3-15-11)

(a) No person shall place or cause to be placed any solid waste generated upon any premises or by any residential, commercial, or industrial use into any container(s) other than those provided by the city, its agents or the city authorized waste and recycling contractors, unless permission for such use is granted by the commercial or residential customer having control over the container.

(b) No person, other than the commercial or residential customer having control over a container, or the city's duly authorized agents, or the city authorized waste and recycling contractors, shall move or cause to be moved the container(s) or bin(s) form the location where it was placed for storage or collection, without the prior approval of the customer or the city's duly authorized agents or the city authorized waste and recycling contractors.

(Ord. No. 2270, § 1, 3-15-11)

(a) It is unlawful for any person to deposit motor oil, and/or other hazardous waste or household hazardous waste, as defined by the state, in any container to be collected for disposal by the city, its agents or the city waste handling contractor.

(b) It is unlawful for any person to deposit universal wastes, as defined by the state, in any container to be collected for disposal or recycling by the city, its agents or the city authorized waste and recycling contractors. Universal wastes include, but are not limited to, cathode ray tubes (CRTs), batteries, fluorescent light bulbs or tubes, electronic devices, non-empty aerosol cans containing ignitable or toxic propellants, mercury thermostats, other mercury containing devices, and other items that may be designated by the state from time to time.

(c) It is unlawful to place vehicle tires, equipment tires, metallic discards, or appliances, in any container to be collected for disposal by the city's solid waste handler.

(d) The city, its agents and/or the city authorized waste and recycling contractors shall not provide solid waste handling for any hazardous waste or household hazardous waste.

(e) Special refuse items. The following items, because of their properties, may not be placed in containers for regular solid waste or recycling collection, but instead shall be disposed of by the generator as directed by the city manager or his/her designee at the expense of the owner and possessor thereof:

1. Ammunition, explosives, or similar inflammable items;

2. Human excreta;

3. Dog, cat, or other animal carcasses;

4. Any item or article of refuse liable to transmit a contagious or infectious disease.

(f) If the provisions of this section are not fully complied with, the city, its agents or the city authorized waste and recycling contractors providing the collection services shall place a tag on the container so stating. No collection shall be made until the provisions of this section are fully complied with, or when a collection has been made of a container without knowledge of its prohibited contents, or a collection must be made to provide for the public health and safety, a service charge may be assessed to offset the costs of removal and disposal.

(Ord. No. 2270, § 1, 3-15-11)

Bulky waste, including but not limited to appliances, furniture, rugs, large tree trimmings, and other oversize wastes shall not be placed in standard containers or bins for collection. Special arrangements must be made with the city waste handling contractor for collection of bulky waste. Bulky waste shall be prepared for collection as per guidelines established by the city manager or his/her designee. It is unlawful to place bulky waste or oversized items out for collection, unless they have been prepared in accordance with city collection guidelines and schedules.

(Ord. No. 2270, § 1, 3-15-11)

(a) Each solid waste container and recycling container shall be kept on the premises of the person using the container, except when it is placed out for collection.

(b) On the day designated for collection in the particular district in which the premises are located, solid waste and recycling containers shall be placed for collection on the curb in front of the premises occupied by the person placing the same, or on the curb at the side of the premises where the premises are adjacent to more than one street.

(c) When the premises are adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the container may be placed within two feet of the rear property line of the premises, and must be readily accessible for collection from the alley or at such other location as approved by the city manager.

(d) Residential solid waste and recycling containers shall be placed in the street or alley with the wheels against the curb and the handles facing the premises. Containers shall be three feet apart and shall be placed at least three feet from mail boxes, fire hydrants, vehicles, or other objects which would interfere with collection.

(e) Each container containing solid waste or recyclable materials shall be so placed for each respective collection period not later than six a.m., the hour upon which the collection is scheduled to so commence in the district in which the premises are located for this period.

(f) No person shall leave any residential container(s), bulky items or any other items scheduled for special collection service, at the street curb or in the alley, or in any other place on or by the premises visible from the street before six p.m. on the day prior to the day of pick up or collection, or after eight p.m. on the day of collection.

(g) Commercial containers shall be placed for collection in a location approved by the city manager or his/her designee, and such location shall be easily accessible to collection personnel and equipment.

(h) It shall be the responsibility of each commercial customer to provide means of ingress and egress, adequate for the collection vehicle turning radius and vertical and horizontal clearance for collection personnel and equipment.

(i) Commercial solid waste or recycling containers or bins shall not be stored on any public right-of-way or property.

(Ord. No. 2270, § 1, 3-15-11)

(a) Until solid waste or recyclable materials are collected by the city, its agents or the city authorized waste and recycling contractors, each person shall be responsible for the clean-up of any and all refuse, solid waste, or recyclables which that person or premises has generated, dumped, spilled, or otherwise lost or littered. This section applies to material which may spill or blow out of solid waste or recycling containers (whether or not standard containers are used) used by such persons, regardless of whether such spillage is due to wind or other natural forces, human or animal interference, or whether the spillage occurred during the gathering, transfer, placement, or storage of material in containers by the waste generator.

(b) The city, its agents or the city authorized waste and recycling contractors shall be responsible for cleaning up any spills or scattered materials resulting from their collection activities. The city, its agents or the city authorized waste and recycling contractors are not responsible for clean-up of spilled or scattered materials resulting from the actions of others, including materials falling from overfilled containers or uncontained materials.

(Ord. No. 2270, § 1, 3-15-11)

It shall be the duty of the health officer of the city to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The health officer shall enforce the provisions of this chapter, inspect any and all premises or property where solid waste is kept or accumulated for the purpose of determining sanitary conditions, and investigate whether the provisions of this chapter and all ordinances of the city and health laws of the state are complied with.

(Ord. No. 2270, § 1, 3-15-11)

(a) It shall be the duty of the city waste handling contractor to furnish to the city, upon request, information regarding the location, service level, and service status of all residential and commercial premises receiving service.

(b) It shall be the duty of the city's authorized recycling agent to furnish, upon request, information regarding the location, service level, and service status of all residential and commercial premises receiving service. In addition, all commercial accounts will include type and quantity of materials diverted.

(c) The city waste handling contractor shall furnish to the city each month, an accounting of temporary services provided in the city, which the contractor has billed out directly to the customer.

(Ord. No. 2270, § 1, 3-15-11)

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 carrying out the strict letter of this chapter with respect to any particular premises, the city manager may issue special written permits authorizing variations from the provisions of this chapter subject to such terms and conditions as he/she may deem necessary to protect the public health and safety so that the spirit of this chapter shall be observed, public health and safety secured and substantial justice done.

(Ord. No. 2270, § 1, 3-15-11)

The provisions of Section 1.04.010 of this code shall be applicable to any violations of the provisions of this chapter.

(Ord. No. 2270, § 1, 3-15-11)