Vista Municipal Code § 12.13 Fire Hazard Severity Zones

Section 12.13.010 Applicability - Permit Required for Park Events - Exclusions

A. This chapter regulates Park Events, and Major Park Events as defined herein.

No person shall conduct any Park Event or Major Park Event without first obtaining a permit as provided in this chapter. B. Issuance of a permit under this chapter does not exempt the applicant from, or constitute compliance with: 1. Any requirements relating to the use of parks or facilities established by the City. 2. Local, state or federal laws or regulations regarding the service or consumption of food or alcoholic beverages. 3. Noise standards set by federal, state, or municipal law. C. Every permit issued under this chapter is expressly conditioned on compliance with all other applicable laws, rules, and regulations. D. No Park Event or Major Park Event in a park which is adjacent to an elementary, middle or high school may involve the sale, service or consumption of alcoholic beverages, at any time when the recreational facility or program or school is operating. E. This chapter does not apply to: 1. Events in indoor facilities. 2. City sponsored or City co-sponsored events. 3. Spontaneous, unorganized assemblies which are not sponsored; organized, promoted or advertised by any person or organization, and do not involve amplified sound or the consumption of alcohol. 4. Events approved under an agreement between the applicant and City approved by the City Council which requires the applicant to indemnify the City for any injuries or damages arising out of the applicant’ s event and maintaining general liability insurance. 5. F. This chapter regulates Temporary Cannabis Events conducted at parks, as defined herein. Temporary Cannabis Events authorized under this chapter are not considered Park Events or Major Park Events and are exempt from a permit for a Park Event or Major Park Event. Ord. No. 2002- 22, Enacted, 10/08/02; Ord. No. 2024- 12, Amended 10/22/2024)

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Section 12.13.020 Definitions

A. “ Cannabis Goods” has the same meaning as defined under Section 15000 of Chapter 1, Division 19, Title 4 of the California Code of Regulations. B. “ City Manager” or designees shall mean the City Manager of the City of Vista and any designee or designees of the City Manager, except as the context dictates otherwise. C. “ Gross Revenues” means the sum of all revenues received by an event organizer for a Temporary Cannabis Event, including, but not limited to, cash receipts, licensing, sponsorships, television, advertising and similar revenues, and concessions. D. “ Major Park Event” means park events which: 1. Involve pyrotechnics or other hazardous activities; or 2. Involve a planned or likely attendance of more than 300 persons E. “ Park” shall mean any improved or unimproved land that is owned by the City or to which the City holds beneficial entitlements, including parking lots. Beneficial entitlements, for purposes of this subsection, means any right to use land held by the City ( whether by lease, license or easement) which would preclude the proposed event, absent City approval. F. “ Park Event” means any demonstration, assembly, festival, fair, concert, or any other gathering of 25 to 300 persons at same time and for the same collective purpose in a park. G. “ Temporary Cannabis Event” shall mean a temporary event that includes onsite sale and/or consumption of Cannabis Goods in compliance with Section 26200(e) of the California Business and Professions Code, Chapter 5, Division 19, of Title 4 of the California Code of Regulations ( commencing at Section 15000) and section 12.13.120 of the Code.

Notwithstanding anything to the contrary, an event will not qualify as a Park

Event or Major Park Event for purposes of this chapter if it will wholly or partly occur in a public street or sidewalk and will impede, obstruct, or interfere with the normal flow of vehicular or pedestrian traffic. In those instances, a permit is required under Chapter 12.12 (Permit for Block Parties and Street Events), rather than this chapter. Ord. No. 2002-22, Enacted, 10/08/02; Ord. No. 2024-12, Amended 10/22/2024)

Section 12.13.030 Park Event and Major Park Event Permits - Application Information Required - Timing

A. Application for a permit for a Park Event or Major Park Event shall be made to the City Manager or his or her designee. B. Application for Park Events shall be made at least five business days prior to the Park Event. Applications for Major Park Events shall be made at least ten business days prior to the Major Park Event. C. The application for such permit shall be made in writing on a form approved by the City Manager. In order that adequate arrangements may be made for the proper policing of the Park Event or Major Park Event, including the security of participants, and to ensure that the event is conducted in a lawful manner, the application shall contain the following information, as applicable: 1. The name, address and telephone number of the applicant( s), including photo identification. If the Park Event or Major Park Event will be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization. Where a Park Event or Major Park Event will be conducted for, on behalf of or by an organization, the organization will be considered a co-applicant. 2. A description of the Park Event or Major Park Event, including its purpose

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and the number of people expected to attend. 3. The date(s) of the Park Event or Major Park Event; 4. The estimated times that the Park Event or Major Park Event will start and terminate, including assembly and disassembly involving the use of public property. 5. The number and kind of vehicles, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the Park Event or Major Park Event that will be involved in the Park Event, and whether amplified sound is proposed. 6. A statement whether the Park Event will occupy all or only a portion of the park. 7. The number and location of portable sanitation facilities trash receptacles and other equipment and services proposed for participants, if applicable. 8. A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable.

9. Any proposed reasonable rules and regulations necessary for the safe

and orderly conduct of the Park Event or Major Park Event and the movement of persons, in furtherance of the goals and purposes of the Park Event or Major Park Event. Such proposed rules may include, but are not limited to, prohibition or other regulation of the use of skates and wheeled vehicles, other than wheelchairs, if necessary for the safety or orderly circulation of persons attending the Park Event or Major Park Event. For purposes of this subdivision, wheeled vehicles” includes, but is not limited to, bicycles, tricycles, scooters, skateboards or any motorized vehicles of any sort. For purposes of this subdivision, “ skates” include roller skates, roller blades and in-line skates. 10. Insurance and surety bond information, if applicable. 11. A fully refundable cleaning deposit in the amount set by resolution of the City Council. 12. Such other information, in conformity with the requirements of this chapter, as the City Manager may reasonably require. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.040 Late Applications

A. Any application received after the deadlines established in Section 12.16.030 is

a late application. Late applications must be filed with the City Manager. The City Manager shall not accept late applications unless he/she finds that: 1. The proposed Park Event or Major Park Event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; or 2. The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant. B. When the City Manager finds either of the above conditions to exist, he/she shall accept the application and process it in accordance with this chapter, unless it does not meet the criteria set forth in Section 12.16.030 or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.050 Permits - Standards for Issuance or Denial - Notification Regulations

A. The City Manager shall issue a Park Event permit or a Major Park Event permit

unless one or more of the following conditions exist:

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1. The application is incomplete for failure to provide the information

required Section 12.16.030. 2. The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit. 3. A prior application for an event to be held at the same time and place has been granted. 4. The Park Event will unduly interfere with vehicular ingress to, egress from or travel on a freeway, state or designated highway, or major arterial or collector street of the City. 5. The Park Event or Major Park Event will unreasonably interfere with fire or police protection, or public safety, including preventing substantial or unwarranted traffic or safety hazards. 6. The Park Event or Major Park Event would involve a number of people exceeding the capacity of the designated area of the park for which it is proposed. 7. One or more of the applicants or persons whose name is shown on the application was also named on an application for a Block Party, Street Event, Park Event or Major Park Event in Vista that resulted in a violation of this chapter or Chapter 12.12 within the prior 12 months or was responsible for a Block Party, Street Event or event in a park in any other jurisdiction that resulted in comparable problems prohibited by local law in that jurisdiction within the last 12 months. 8. The applicant declines to provide the City with an executed agreement promising to comply with the conditions imposed on the event. B. The applicant shall be notified in writing of the action of the City Manager in granting or denying the permit at least one day prior to the date of the proposed event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means. 1. If the permit is denied, the written notice briefly shall set forth reasons explaining the basis for the denial and the right to appeal. 2. If the permit is denied pursuant to the criteria set forth in this chapter, because the proposed time or assembly and, dispersal sites are unacceptable, the denial shall contain a statement of alternative acceptable times and sites. C. The City Manager shall review and approve all department regulations detailing the limitations for each park, including regulations addressing park capacity, the permissibility and duration of amplified sound and requirements for the maintenance of accessibility during Park Events or Major Park Events. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.060 Appeal and Reconsideration

A. An applicant may appeal the denial of an application made pursuant to this chapter by a designee or designees of the City Manager to the City Manager. The City Manager shall act upon said appeal within two days of its receipt, unless the applicant and the City Manager agree on a different period for review. B. An applicant may request the City Manager to reconsider his or her decision to deny an application, whether made on appeal or otherwise. The request for reconsideration shall be made in writing and must explain why the applicant believes that the denial or conditional approval is unlawful. Upon receipt of the request for reconsideration, the City Manager shall promptly reconsider the decision within two business days, unless the applicant and the City Manager agree on a different period for review. The decision of the City Manager

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upon reconsideration is final. Ord. No. 2002-22, Enacted, 10/08/02) Section 12.13.070 Park Event Permit - Content - Restrictions - Limitations

A. A Park Event and Major Park Event permit shall contain the information given in

the application and may impose reasonable time, place, and manner restrictions to ensure that the Park Event or Major Park Event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The restrictions shall be in conformity with the requirements of this chapter and shall provide only for such modification of the proposed Park Event or Major Park Event as is necessary to achieve compliance with this chapter. Such restrictions may include, but are not limited to, requiring the applicant to: 1. Maintain a 24 foot wide emergency access lane at all times.

2. Provide first aid stations and teams within the closed- off area to provide

emergency medical aid to participants. 3. Provide portable sanitation facilities, trash receptacles and other services. 4. Pay the City for security service costs. 5. Distribute flyers throughout the surrounding areas in advance of the Park Event and Major Park Event, notifying the affected residents and business people of any associated traffic diversions. 6. Clean all debris and litter from the park, street and sidewalk area within four hours after the conclusion of the event; 7. Comply with all state and local laws and rules, including any park rules, governing the nature and volume of sound at the Park Event; 8. If alcoholic beverages are to be sold at the event, obtain the appropriate license from the State Department of Alcoholic Beverage Control, follow responsible beverages service practices, and provide security adequate to maintain order, as determined by the Police Chief or Sheriff. B. All permits shall include the following conditions, except to the extent that the condition would be contrary to law: 1. The applicant shall agree to bear the costs and compensate the City for incidental costs, including personnel expenses for clean- up and any damage to park property caused by applicant’ s use of the park. The applicant shall deposit with the City a sum as a security deposit, as determined from time to time, by resolution of the City Council. 2. The applicant shall provide the City with satisfactory evidence of insurance in advance of the Park Event or Major Park Event as required by this Chapter and any consistent rules or regulations adopted by the City Manager. 3. The applicant shall ensure that participants and spectators of the Special Event abide by the rules and regulations of this Municipal Code, state law, federal law, and any rules established by the applicant to govern the event. 4. Authorized City officials may stop a Park Event or Major Park Event at any time that the official determines that the public safety is in jeopardy. C. Parks in which Park Events or Major Park Events occur shall remain open to the public during the Park Event or Major Park Event, to the extent consistent with the park’s capacity and to the maximum extent feasible given the nature of the Park Event or Major Park Event. No park shall be closed to the public during a Park Event or Major Park Event absent express permission to do so in a permit issued under this chapter. D. All Park Events or Major Park Events shall end no later than 10:00 p.m. E. Applicant shall ensure that the Park Event or Major Park Event does not impair accessibility for persons with disabilities.

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Ord. No. 2002-22, Enacted, 10/08/02; Ord. No. 2005-21, Amended, 09/13/05)

Section 12.13.080 Cancellation and Revocation of Permits

A. The City Manager may revoke a permit at any time, if he or she determines that

as a result of inclement weather conduct of a Park Event or Major Park Event would unreasonably damage the park for which it is proposed. B. The City Manager may revoke a permit at any time, if he or she determines that: 1. Grounds exist which would have justified denial of the permit if those grounds had been know at the time of the application or the implications of those grounds had been fully understood at the time of the application. 2. The event will endanger the public health, safety, or welfare because of real or threatened disaster, public calamity, riot, or other emergency that law enforcement officials would be unable to prevent. 3. The applicant has failed to satisfy a condition of the permit in advance of the event, including providing the City with required evidence of insurance. 4. An actual sponsor of the event was not shown on the application. The City Manager may revoke a permit at any time, if he or she determines that any provision of this chapter or any condition of the permit has not been met or is being violated, or if a person responsible for the promotion or conduct of the Park Event or Major Park Event was not shown on the application. The action of the City Manager shall be final. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.090 Indemnification - Security Deposits

A. The permit holder shall indemnify and hold harmless the City of Vista, its officers,

agents, employees and volunteers, from any and all claims, causes of action, penalties, losses, expenses ( including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property resulting from the event which were caused by the omissions or authorized acts of the applicant’ s officers, agents or employees. B. If City property is destroyed or damaged by reason of a Park Event or Major Park Event, the applicant shall reimburse the City for the cost of those repairs deemed necessary by the City. The City may retain the security deposit as full or partial reimbursement for any such damage. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.100 Insurance - Exemption

A. Pursuant to rules and regulations developed by the City Manager, an applicant must provide the City with insurance to reasonably protect the City against any liability that may arise from the event. B. The amount of insurance required shall not be based on the existence or content of any expression involved in the event, or on the expected reactions of observers. C. If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City no later than two days before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. D. No permit applicant shall be required to comply with the insurance requirement of this section if the applicant produces satisfactory evidence that the insurance requirement violates the First Amendment because it is impossible to obtain, or it would be so financially

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burdensome that the insurance requirement would preclude the proposed Park Event or Major Park Event from occurring. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.110 Fees A. The City Council may establish by resolution the fees that shall be charged for permits issued under this chapter. Said fees may include the cost of monitoring events pursuant to Section 12.16.080.A, provided that no fees shall be collected if the collection would be in conflict with applicable law. B. If an applicant is unable to hold or conduct an event and the applicant submits written request for the refund of such fees to the City Manager’ s office within ten days after the date that the event was to have been held or conducted, the City Manager may authorize the refund of any fees that are not necessary to reimburse the City’s expenses of preparation for the Park Event or Major Park Event, except for non-refundable application fees, if any. C. Any indigent person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Applications for indigent status shall be made upon application for the permit and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence. For purposes of this section, an indigent person is one who is eligible for county relief pursuant to Sections 17000 et seq. of the Welfare and Institutions Code. Ord. No. 2002-22, Enacted, 10/08/02)

Section 12.13.120 Temporary Cannabis Events at Brengle Terrace Park

Up to two Temporary Cannabis Events may be conducted at Brengle Terrace Park per calendar year, subject to the requirements of this section. A. Required Licenses. Any person applying for a Temporary Cannabis Event to be conducted at Brengle Terrace Park must obtain: ( 1) a valid business license issued by the City; 2) a state cannabis event organizer license issued by the California Department of Cannabis Control (“ DCC”); and (3) a state temporary cannabis event license issued by the DCC, prior to the event. All licenses and permits required under state and local law shall remain in full force effect throughout the duration of the event. B. Eligible Retailers. Any retailer engaging in the sale of Cannabis Goods at a Temporary Cannabis Event must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. C. Event Duration and Holidays. A Temporary Cannabis Event may be conducted at Brengle Terrace Park for a single day or two (2) consecutive days, except not on City holidays. D. Prescreening Applications. 1. Applicants for a Temporary Cannabis Event at Brengle Terrace Park shall submit a prescreening application to the City Manager, or designee, no more than eighteen ( 18) months and no less than ninety ( 90) calendar days before the first day of event. Complete prescreening applications shall be approved by the City on a first come, first served basis. Following City approval of a prescreening application and prior to the event, applicant must execute a license agreement pursuant to section 12.13.120.H. 2. Prescreening applications shall be submitted in a form prescribed by the City Manager, or designee, and shall be accompanied by: a. Applicant’ s City of Vista business license. b. Applicant’ s state cannabis event organizer license. c. A map showing the area on which the event will be held. d. A description of the Temporary Cannabis Event.

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e. The name( s) of the organization( s) and principals within the organization applying for the Temporary Cannabis Event. f. An estimate of the number of persons who will attend, all vendors who are anticipated to operate at the event, and a description of all security personnel and arrangements that are scheduled for the event. g. A description of parking arrangements for the event, including a designated ride share area. h. The estimated times that the Temporary Cannabis Event will start and terminate, including assembly and disassembly involving the use of public property. i. The number and kind of vehicles, musical instruments, sound units, and any other equipment that produces sound or noise during the Temporary Cannabis, and whether amplified sound is proposed. j. A description of arrangements that have been made for emergency medical services, if applicable. k. Insurance information pursuant to section 12.13.120.I.10. l. A fully refundable cleaning deposit in the amount set by resolution of the City Council. m. Such other information, in conformity with the requirements of this section, as the City Manager may reasonably require. E. Processing Fee. A nonrefundable processing fee shall be paid prior to the acceptance of any prescreening application for a Temporary Cannabis Event at Brengle Terrace Park. Such fee shall be established by resolution of the City Council from time to time. F. Standards for Prescreening Application Approval or Denial. 1. The City Manager shall approve a Temporary Cannabis Event prescreening application unless one or more of the following conditions exist: a. The prescreening application is incomplete for failure to provide the information required in section 12.13.120.D. b. The City has approved the maximum allotted number of Temporary Cannabis Event prescreening applications for the current calendar year. c. The information contained in the prescreening application, including supplemental information, if any, is found to be false in any material respect, the purpose of the event is contrary to state or local law, and/or the applicant has failed to meet the City requirements under this section. d. A prior application for an event to be held at the same time and place has been granted. e. A City-sponsored or City-staffed event is planned to be held at the same time and place. f. The Temporary Cannabis Event will unduly interfere with vehicular ingress to, egress from or travel on a freeway, state or designated highway, or major arterial or collector street of the City. g. The Temporary Cannabis Event will unreasonably interfere with fire or police protection, or public safety, including preventing substantial or unwarranted traffic or safety hazards. h. The Temporary Cannabis Event would involve a number of people exceeding the capacity of the designated area of Brengle Terrace Park for which it is proposed. 2. The applicant shall be notified in writing of the action of the City Manager in approving or denying the prescreening application as soon as practicable. a. If the permit is denied, the written notice shall briefly set forth reasons explaining the basis for the denial and the right to appeal. b. If the permit is denied because the proposed event time or assembly and dispersal sites are unacceptable, the denial shall contain a statement of

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alternative acceptable times. G. Appeal and Reconsideration 1. An applicant may appeal the denial of a prescreening application made pursuant to this section to the City Manager. The City Manager shall act upon said appeal within two business days of its receipt, unless the applicant and the City Manager agree on a different period for review. 2. An applicant may request the City Manager to reconsider his or her decision to deny a prescreening application, whether made on appeal or otherwise. The request for reconsideration shall be made in writing and must explain why the applicant believes that the denial or conditional approval is unlawful. Upon receipt of the request for reconsideration, the City Manager shall promptly reconsider the decision within two business days, unless the applicant and the City Manager agree on a different period for review. The decision of the City Manager upon reconsideration is final. H. Revenue Sharing License Agreement. 1. After City approval of the prescreening application, and prior to the Temporary Cannabis Event, the applicant shall enter into a license agreement with the City, in a form prescribed by the City Manager and the City Attorney. Applicant’ s failure to timely execute a license agreement allows the City to consider the next in time, complete prescreening application for a Temporary Cannabis Event. “ Timely execute” shall mean execution of a City-approved license agreement within ten business days, unless the applicant and the City Manager agree on a different timeline. 2. The license agreement shall require payment of a negotiated percentage of gross revenues, a flat fee, a combination of percentage of gross revenues and a flat fee, or any other revenue sharing agreement that the City Manager deems to be in the best interests of the City. 3. The license agreement shall incorporate the event conditions prescribed in subsection I and any further conditions the City deems necessary to safeguard public health, safety and welfare. 4. It is prohibited for any person to advertise a Temporary Cannabis Event prior to the City and applicant executing a license agreement for the event. I. Conditions. In addition to all conditions required under state and City licenses, and permits, the applicant for a Temporary Cannabis Event and all retailers participating in the event shall comply with the following event requirements: 1. Cannabis consumption cannot be visible from any public place outside the designated Brengle Terrace Park event area or from any nonage- restricted area. 2. Access to the Temporary Cannabis Event must be restricted to persons 21 years of age or older. 3. Sale or consumption of alcohol or tobacco is prohibited on the premises of a Temporary Cannabis Event. 4. All Cannabis Goods authorized to be sold at a Temporary Cannabis Event must be transported to and from the event by a licensed distributor. 5. Consumption must be expressly authorized in the state Temporary Cannabis Event license, otherwise only the sale of Cannabis Goods by licensed retailers at the event is permitted. If consumption is permitted, it shall only occur in a designated area and an on-site certified emergency medical technician ( EMT) must be provided for the duration of the event. 6. Only state-licensed cannabis retailers are authorized to conduct sales of Cannabis Goods at a Temporary Cannabis Event. Retailers must comply with all state law requirements authorizing on-site cannabis sales and consumption at Temporary Cannabis Events, including but not limited to: a. Displays of Cannabis Goods;

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b. Use of exit packaging; c. Age restrictions on sales; d. Daily sales limits; e. No free samples of Cannabis Goods; f. Designated sales locations with no mobile sales; and g. Recording sales in the state track and trace system. 7. Any retailer engaging in the sale of Cannabis Goods must possess a valid City of Vista business license and a commercial adult use cannabis business license in compliance with Chapter 5.95 of this Code. Such retailers must comply with all required tax provisions of this Code relating to the sale of Cannabis Goods in the City. 8. The applicant shall hire or contract for security personnel to provide security services at the Temporary Cannabis Event. The number of required security personnel and hours of security service shall be determined by the City. All security personnel shall be at least 21 years of age, licensed by the Bureau of Security and Investigative Services, and comply with chapters 11.4 and 11.5 of division 3 of the California Business and Professions Code. At a minimum, security personnel shall be present on the premises of a Temporary Cannabis Event whenever Cannabis Goods are available for sale or cannabis consumption is allowed. 9. The applicant and their hired personnel must use a driver’ s license scanner to verify age and authenticate patron IDs prior to providing event access. 10. The applicant shall provide a certificate of insurance naming the City as additional insured, in an amount as specified by the City but in no event below $ 2,000,000. 11. By executing a license agreement for a Temporary Cannabis Event, the applicant agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such license agreement, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto. 12. All waste from the Temporary Cannabis Event must be disposed of in designated waste receptacles and in accordance with state law. 13. Temporary Cannabis Events must comply with the City’s Noise Ordinance. 14. Temporary Cannabis Events are limited to the hours of 9 a.m. to 10 p.m. 15. Temporary Cannabis Events shall provide parking arrangements for the event, including a designated ride share area. 16. The applicant shall agree to bear the costs and compensate the City for incidental costs, including personnel expenses for clean-up and any damage to park property caused by the Temporary Cannabis Event. The applicant shall deposit with the City a sum as a security deposit, as determined from time to time, by resolution of the City Council. If City property is destroyed or damaged by reason of a Temporary Cannabis Event, the City may retain the security deposit as full or partial reimbursement for any such damage. 17. The applicant shall ensure that participants of the Temporary Cannabis Event abide by the rules and regulations of this Code, state law, and any rules established by the event organizer to govern the event. 18. Authorized City officials may stop the Temporary Cannabis Event at any time that the official determines that the public safety is in jeopardy. 19. The applicant shall ensure that the Temporary Cannabis Event does not impair park accessibility for persons with disabilities. J. Event Notification. At least 30 calendar days prior to the Temporary Cannabis Event, the applicant shall post a notice at Brengle Terrace Park and provide notifications of the event and any associated traffic diversion to all owners of property adjacent to the event location.

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K. City Access. City code enforcement officers, Sheriff’ s department officers, or

other agents or employees of the City requesting admission to the Temporary Cannabis Event for the purposes of determining compliance with this section shall be provided unrestricted access. L. Revocation of License Agreement. The City Manager may revoke a license agreement for a Temporary Cannabis Event at any time, if he or she determines any of the following: 1. That, as a result of inclement weather, conduct of Temporary Cannabis Event would unreasonably damage Brengle Terrace Park. 2. Grounds exist which would have justified denial of the prescreening application if those grounds had been known at the time of the prescreening application or the implications of those grounds had been fully understood at the time of the prescreening application. 3. The Temporary Cannabis Event will endanger the public health, safety, or welfare because of real or threatened disaster, public calamity, riot, or other emergency that law enforcement officials would be unable to prevent. 4. The applicant has failed to satisfy a condition of the license agreement in advance of the event. Ord. No. 2024-12, Enacted, 10/22/2024)

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Chapter 12. 14

Unleashed Dogs on Public Property

Sections:

12. 14. 010 Unleashed Dogs on Public Property
13. 14. 020 Enforcement - Issuance of Order - Appeal
14. 14. 030 Penalty

Section 12. 14. 010 Unleashed Dogs on Public Property

Notwithstanding Vista Municipal Code Section 6. 06.020, any person owning or having custody or control of a dog may allow the dog to be on public property, unrestrained by a leash, so long as each of the following conditions are met: A. The unleashed dog is: 1. Within the natural areas served by trails within South Buena Vista Park; and 2. Is present in those areas only during park operating hours. For the purpose of this section, the phrase " natural areas" shall mean those areas within South Buena Vista Park that are kept in a native condition, and does not include the parking lot, tot lot or basketball court. B. The dog has a current and valid license, issued by an animal control agency or other agency authorized by law to issue dog licenses, properly attached to its collar. C. The dog is under direct and effective voice control sufficient to ensure that the dog is not involved in a violation of any other provision of the law. D. Owners must pick up and dispose of their dog' s feces; E. Owners shall prevent their dog( s) from interfering or annoying another person' s use of the park. F. The dog has no history of biting, fighting, or injuring a person or other animal. G. Owner or person with custody and control must provide law enforcement, code compliance or animal control officers with proof of identity, including name, address and telephone number upon request while acting in the course and scope of their duties. Ord. 2005- 13, Enacted 6/ 25/ 05; Ord. No. 2010- 4, Amended 5/ 11/ 10; Ord. 2017- 12, Amended 8/ 22/ 17; Ord. 2017- 15, Amended 10/ 24/ 17; Ord. 2018- 4, Amended 5/ 8/ 18)

Section 12. 14. 020 Enforcement - Issuance of Order - Appeal

A. Any law enforcement, code compliance, or animal control officer (" enforcement

official") may enforce this chapter. Such person may issue a written order to a person owning or having custody or control of the dog to physically restrain the dog by a leash while the dog is in South Buena Vista Park if the enforcement official observes any violations set forth in Section 12. 14. 010 above. B. The order shall remain in effect for ten days unless rescinded earlier by the City Manager for the first offense. For each subsequent offense within a 12 month period, the effective period of the order shall be extended by ten days. For example on the third offense within a 12 month period the enforcement period shall be 30 days, unless rescinded by the City Manager. C. Any person subject to an order issued in accordance with this provision may file order be rescinded. The written requesta written request with the City Manager requesting the shall include a statement of why the order should be rescinded.

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D. Upon receipt of a written request to rescind an order, the City Manager, or the

Manager' s designee, shall conduct a hearing on the request. The order shall be rescinded if the applicant demonstrates that, based upon a change in circumstances, the order is no longer required to accomplish the purposes of the code. The decision of the City Manager or his or her designee shall be final. Ord. 2005- 13, Enacted 6/ 25/ 05; Ord. No. 2010- 4, Amended 5/ 11/ 10)

Section 12. 14. 030 Penalty

A. In addition to any other remedy, any person violating any provision of this chapter

shall be guilty of an infraction and subject to the penalties set forth in Chapter 1. 16. B. In addition to criminal sanctions and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to Section 1. 13. 060 of this code against any person violating any provision of this chapter. Imposition, enforcement, collection, and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 1. 13 of this code. Ord. 2005- 13, Enacted 6/ 25/ 05; Ord. No. 2010- 4, Amended 5/ 11/ 10)

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Chapter 12. 20

Signs on City Property

Sections:

12. 20. 010 Proprietary Capacity; Authority; Intent as to Public Forum
13. 20. 020 Definitions
14. 20. 030 Private Party Signs Prohibited Unless Specifically Allowed
15. 20. 040 Message Substitution
16. 20. 050 Temporary Signs Displaying Noncommercial Messages
17. 20. 060 Portable Signs in Certain Areas
18. 20. 070 Commercial Hand Held Signs in Certain Areas
19. 20. 080 Temporary Signs During Election Periods
20. 20. 090 Signs Furthering Sports Field Use
21. 20. 100 Encroachments
22. 20. 110 Mobile Billboards - Prohibited
23. 20. 120 Signage on Vehicles - Non- Permitted Excess Signage
24. 20. 130 Government- Owned Signs on City Property
25. 20. 140 Government Speech on Signs; Legally Authorized Signs
26. 20. 150 Design and Construction of City - Owned Signs
27. 20. 160 Immediate Removal of Signs on City Property

Section 12. 20. 010 Proprietary Capacity; Authority; Intent as to Public Forum

A. In adopting this chapter, the City acts in its proprietary capacity as to City property, as defined herein, within the city. B. This chapter is adopted pursuant to the City' s general and police powers; California Constitution Article XI, section 7; California Constitution Article XI, section 5 relating to charter cities; the City' s ownership rights, California Government Code sections 38774, 38775, 65000 et seq., and 65850( b); Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; Penal Code 556, and other applicable state laws. This chapter does not apply to matters covered by or regulated by the Chapter 12. 12 ( Permits for Block Parties and Street Events); Chapter 12. 13 ( Permits for Park Events); or Chapter 18. 52 ( Signs on Private Property). C. When this chapter declares that certain property may function as a public forum of one particular type, that declaration shall apply only and strictly to the specified area and only during the specified time period. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 020 Definitions

Definitions from Chapter 18. 52 ( Signs on Private Property) are incorporated herein,

unless modified by the following definitions, which apply specifically to this chapter. City- placed temporary event sign" means a City-owned temporary sign conveying a City-sponsored message that is placed on public buildings, structures or other property for the limited purpose of providing information on community events. City property" means land or other property in which the City or a City- related entity holds a present right of possession and control including, without limitation, by lease, city road easements, and all public rights of way, regardless of ownership.

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City- related entity" means any governmental entity with a legislative body comprised of the membership of the Vista City Council, including, without limitation, the Community Development Commission of the City of Vista and the Buena Sanitation District. Civic Center Complex" means the Vista City Hall, the adjacent building holding the Morris B. Vance Community Room and the Emergency Operations Center, the County Library Building, and all associated parking lots and grounds. Commercially- zoned sidewalk" means that portion of a right of way within a as a right of way; ( 2) has beentraditional public forum which: ( 1) has been dedicated to the City developed with a paved sidewalk; ( 3) is within a commercial zone; and ( 4) excludes landscaped or unpaved portions of the right of way, commonly known as the parkway. Parkway Strip" shall have the meaning assigned to that term by Development Code section 19. 24. 020 (" Parkway Strip" shall mean that portion of a public street between the curb and the sidewalk or the sidewalk and the property line or that portion of the right- of-way which is not designed or used for vehicular or pedestrian travel.") Private Party" means any person or entity with the exception of the City or a City- related entity. Protected" means a message on a sign that is not within one of the categories of expression which the courts have declared to be outside the protection of the First Amendment to the U. S. Constitution or the corollary provisions of the California Constitution. Temporary signs during election periods" means a sign which conveys any protected noncommercial message, which satisfies the requirements particular to those signs as set forth in Section 12. 20. 080, and which are on display during an election period. Traditional public forum areas" means City-owned parks, the surfaces of City- owned streets and, subject to the limitations set forth herein, sidewalks forming the City' s vehicular and pedestrian circulation system. Sidewalks located along the outside perimeter of the Vista Civic Center Complex are included within this definition. Specifically excluded from this definition, and in no way to be construed as a traditional public forum, is the remainder of the Civic Center Complex. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 030 Private Party Signs Prohibited Unless Specifically Allowed

City property may be used by private parties for the display of temporary signs only as chapter.explicitly allowed by this All other private use of City property, for display of signs, is prohibited. Any unauthorized sign posted on City property may be summarily removed by the City as a trespass and a public nuisance. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 040 Message Substitution

A private party owner of a sign lawfully used and maintained on City property

constituting a traditional public forum may, in accordance with this chapter, substitute for that message any protected noncommercial message. The substitution of message may occur without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent, on City property constituting a traditional public forum, any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. Ord. 2011- 3, Enacted, 5/ 24/ 11)

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Section 12. 20. 050 Temporary Signs Displaying Noncommercial Messages

In traditional public forum areas, private parties may display temporary signs with protected noncommercial messages thereon, provided that their sign( s) conform( s) to all of the following: A. The sign( s) must be personally worn or held by a person, or personally attended by one or more persons. B. The signs may be displayed only during the time period of sunrise to 9:00 p.m., except on occasions when the City Council or other public body with offices within the City is a publicholding hearing or meeting which is open to the public. On such occasions, the display period is extended to 9: 00 p. m., or if later, 30 minutes after such meeting is officially adjourned within those portions of the traditional public forum within 1, 000 feet of the primary entrance to the building in which the meeting is occurring. C. The maximum aggregate size of all signs held by a single person is six square feet, measured one side only. Visible images which are displayed as part of personal apparel do not count toward this maximum. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area. D. The maximum cumulative size of signs which are physically controlled by two or more persons acting in concert is 12 square feet measured one side only. E. Signs displayed under this provision may have no more than two display faces, may not be inflated, air-activated, specially illuminated, project any sharp edges or points, emit smoke or fumes or sounds, pose a fire hazard or other threat to public health safety and welfare, and may not be used to obstruct or impede pedestrian or vehicular traffic. F. To serve the City' s interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a public roadway is open for use by moving vehicles, and persons displaying signs on public sidewalks must give clearance of at least five feet unless the sidewalk in question is less than five feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 060 Portable Signs in Certain Areas

Within designated BID areas, a private party may display portable signs on a commercially- zoned sidewalk located on City property in accordance with the following requirements. A. Before displaying a portable sign, a tenant must obtain an administrative sign permit. The permit shall be requested, reviewed and issued using the procedures described in Section 18. 52. 110. B. The sign must be authorized by an encroachment permit issued for the individual portable sign or for a group of signs including the individual portable sign. C. A minimum of eight feet of unobstructed sidewalk area must be maintained around the sign. D. The display must satisfy each of the sizing and operational requirements applicable to portable signs pursuant to Section 18. 52. 060 of the Development Code. E. A tenant can display only one portable sign pursuant to the combined operation of this section and Section 18. 52. 060 of the Development Code. F. A building may display a maximum of two portable signs pursuant to the combined operation of this section and Section 18. 52. 060 of the Development Code. Ord. 2011- 3, Enacted, 5/ 24/ 11)

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Section 12. 20. 070 Commercial Hand Held Signs in Certain Areas

Commercial hand held signs may be displayed on a commercially- zoned sidewalk, provided that the following requirements are satisfied. A. The sign( s) must be personally worn or held by a person, or personally attended by one or more persons. B. For the purpose of creating a commercially- oriented environment, the display face of a commercial hand held sign must be professionally prepared. Professional preparation consists of any image generated by use of a computer or any other means, excluding only a sign; ( 2)images created: ( 1) through free- hand writing, drawing or painting applied directly to stencils applied to a sign by use of spray paint, adhesive or a similar process; or ( 3) signs produced using the methods described in the preceding clauses and then replicated through a photocopy or similar process. C. The signs may be displayed only during the time period of sunrise to sunset. D. The maximum aggregate size of all signs held by a single person is six square feet, measured one side only. E. The maximum cumulative size of signs which are physically controlled by two or more persons acting in concert is 12 square feet measured one side only. F. Signs displayed under this provision may have no more than two display faces, may not be inflated, air- activated, specially illuminated, project any sharp edges or points, emit smoke or fumes or sounds, pose a fire hazard or other threat to public health safety and welfare, and may not be used to obstruct or impede pedestrian or vehicular traffic. G. To serve the City' s interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a public roadway is open for use by moving vehicles, and persons displaying signs on public sidewalks must give clearance of at least five feet in width for pedestrians to pass by unless the sidewalk in question is less than five feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 080 Temporary Signs during Election Periods

A. Provided that the requirements of paragraph ( B) are satisfied, temporary signs during election periods may be placed on City property that is part of a public right of way dedicated to the City. B. Signs authorized by this section must satisfy all of the following requirements: 1. The sign may not be located on a roadway median or any portion of the right of way designed for vehicular use. 2. The sign shall not be placed or affixed to any trees, utility poles, traffic signs and devices, concrete, pavement, or any publicly maintained fixtures within any public right of way, or in any manner that presents a hazard or threat to public safety as determined by the City Engineer. 3. Placement and maintenance of the sign within a parkway strip may occur only with the consent of the person or entity which owns that parkway strip. 4. The sign may not exceed six square feet (measured one side). 5. The sign shall not be erected, installed, placed or maintained by any person prior to 35 days preceding any federal, state, or local election, and shall be removed, by the person responsible for placing or installing such sign, within 5 days following such election. 6. Signs may not be placed in a manner that presents a hazard or threat to public safety as determined by the City Engineer. Ord. 2011- 3, Enacted, 5/ 24/ 11; Ord. 2016- 5, Amended, 8/ 23/ 16)

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Section 12. 20. 090 Signs Furthering Sports Field Use

A. The City wishes to facilitate the nonprofit use of its sports fields for sports leagues serving children and youth, without excessive cost to the City. This use achieves a primary purpose for which the sports fields were created. However, the City recognizes that the nonprofit organizations, in sponsoring leagues that use the sports fields, incur substantial financial obligations which would be borne by the City if the City operated the programs itself. To encourage a productive use of City sports fields, by nonprofit organizations which sponsor youth leagues, the City wishes to provide the nonprofit organizations with an opportunity to collect revenues through paid advertising messages on signs located at sports fields, subject to the conditions described in paragraphs ( B) and ( C). B. All signs must satisfy the following requirements: 1. A sign face may not exceed 32 square feet in size and may not be illuminated. The sign may not have a depth exceeding one- half of an inch, unless first approved by the City Planner or Director of Recreation and Community Services. Only one face of a sign shall display a message. 2. Signs shall be professionally prepared and made of permanent, durable, waterproof materials. Professional preparation consists of any image generated by use of a computer or any other means, excluding only images created: ( 1) through free- hand writing, drawing or painting applied directly to a sign; ( 2) stencils applied to a sign by use of spray paint, adhesive or a similar process; or ( 3) signs produced using the methods described in the preceding clauses and then replicated through a photocopy or similar process. 3. Signs, at minimum, must be securely attached to the fence at all four corners. The method of attachment may not pose any hazard to those using the fields and shall be approved by the City Planner or Director of Recreation and Community Services. 4. Signs may not project above or outside the area of the fence and may not interfere with the reasonable use and maintenance of the sports fields. C. No sign may be placed or maintained by a nonprofit organization unless the organization has first executed a license agreement with the City and the sign is placed and maintained in full conformity with that license agreement. The license agreement shall satisfy the following, but may include additional reasonable requirements. 1. The nonprofit organization shall provide insurance, naming the City as an additional insured, for its use of the sports field and placement of the signs. 2. Allocations of signs shall occur in proportion to the usage of individual fields allocated for a sport season to the nonprofit organizations using those fields. 3. In order to maximize the revenue generating capacity of the signs in a manner consistent with the intended use of the sports fields, a sign: ( a) may only present a commercial message; ( b) may not advertise a product which is unlawful to consume or use within the sports fields; and ( c) may not advertise a product which is unlawful for persons to purchase or consume, if under the age of 18. 4. The nonprofit organization shall remove all signs allocated to the organization under a license agreement within two days of the end of the sports season for which such sign was displayed. 5. All revenues received by the nonprofit organization from the signs shall be expended by the nonprofit organization to support the children and youth in their use of the fields for their intended purpose, or the leagues hosting the sporting events on those fields. 6. The license agreement shall be prepared and executed by the City Manager. D. This ordinance permits, but does not require, the City Manager to authorize one or more license agreements for one or more sports fields to be utilized by one or more nonprofit organizations. Such agreements may be terminated by the City Manager pursuant to their

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terms. A decision to authorize a license agreement for one sports field during a season does not obligate the City Manager to continue that practice in future seasons. E. This ordinance is intended to be administered in conformity with all requirements of the Federal and State Constitutions. The City Manager may prepare policies and regulations, not in conflict with this section, for purposes of administering the program authorized by this section. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 100 Encroachments

When authorized by Chapters 18. 52, private party signs mounted on private property

may project into or over City property or the public right of way provided that the encroachment is first authorized by a permit issued pursuant to Chapter 19. 16 of the Vista Development Code. The private party sign producing the encroachment must satisfy all applicable safety codes building, plumbing, electrical, etc.) and all City rules, regulations and policies, including those contained in Chapters 18. 52 and 19. 16. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 110 Mobile Billboards - Prohibited

A. The purpose of this section is to eliminate mobile billboard advertising within the

city in order to promote the safe movement of vehicular traffic, to reduce traffic congestion on public roads, to reduce air pollution, and to improve the aesthetic appearance of the city. B. It is unlawful for any person to conduct, or cause to be conducted, any mobile billboard on any City property or any street within the city in which the public has the right of travel. C. This section shall not apply to any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 120 Signage on Vehicles - Non- Permitted Excess Signage

A. Signs located on a parked or stationary vehicle, as defined in the California Vehicle Code, are prohibited when: ( 1) the vehicle is located on city property; and ( 2) operation of the vehicle cannot occur lawfully on public streets with the sign or display in place. B. This section seeks to assure that businesses, establishments, and uses do not circumvent the purposes of this code by installing, locating or utilizing signage and displays which exceed the quantities, types and allowed locations for such signage. Additionally, this section is intended to avoid visual clutter, distractions for motorists, and degradation to the aesthetics of the community and its efforts to promote high quality and well- planned commercial, industrial and residential districts. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 130 Government- Owned Signs on City Property

Signs owned by the City or a City- related entity may be installed, constructed, or placed

on City property if the sign conforms to the requirements of this chapter. Ord. 2011- 3, Enacted, 5/ 24/ 11)

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Section 12. 20. 140 Government Speech on Signs; Legally Authorized Signs

The following signs may be erected and displayed on City property, subject to the rules

set herein: A. Traffic control and traffic directional signs erected by the City or other governmental agencies acting in scope of their authority, including temporary traffic and traffic direction signs. B. Official notices required or authorized by law or valid court order. C. Signs placed by the City or a City- related entity in furtherance their governmental functions. D. Signs on City property placed by the City expressing its own message or placed by a City- related entity expressing its own message. E. Signs attached to any building comprising a City project or on land developed with a City project as defined in Section 18. 04. 160, provided that the sign identifies or supports the functions or operations of that City project. F. Any other sign category or sign type which is owned or leased by the City and located on City property, provided that the City Council approves the sign design, approves its operational features, and determines that the sign will promote one or more City interests. G. City- placed temporary event signs, provided that such signs shall not exceed ten in number. Such signs cannot be displayed sooner than 30 days before the start of an event or more than ten days following the conclusion of the event identified on the sign. A City-placed temporary event sign is not intended to create a public forum Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 150 Design and Construction of City-Owned Signs

Any permanent sign on City property which is owned by the City or a City- related entity shall be designed, installed and constructed in accordance with the following requirements: A. All permanent sign faces shall be constructed of permanent materials including, but not limited to, painted and/ or sandblasted wood, ceramic tile, applied letters, carved wood, metal, plastic or other compatible, durable and waterproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign. B. Structural design of all permanent signs shall conform to the requirements of the Uniform Building Code. C. All permanent signs shall be constructed in accordance with all applicable Uniform and National Electrical Code provisions. Exposed- tube neon signs shall be Building Code constructed and installed in compliance with the National Electrical Code. D. Signs shall be constructed or installed to satisfy CALTRANS- administered regulations and laws, and to avoid obstructions to the sight for pedestrians, bicyclists, or vehicle drivers. E. Exposed sign support hardware for permanent signs shall be of a compatible material and design with the sign it supports. Ord. 2011- 3, Enacted, 5/ 24/ 11)

Section 12. 20. 160 Immediate Removal of Signs on City Property

A. Removal. Any lettering, advertisement, card, poster, sign or notice of any kind

placed upon City property or on any curb, sidewalk, post, pole, lamp post, hydrant, bridge, tree or other surface located on City property in violation of the provisions of this chapter, or any sign which constitutes an immediate peril to persons or property, may be removed without prior notice by any officer or employee of the City designated to do so by the City Manager.

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B. Return of Materials. Any lettering, advertisement, card, poster, sign or notice

which has been removed under this section may be returned to the owner if a return is timely requested and any applicable storage charges are first paid. Ord. 2011- 3, Enacted, 5/ 24/ 11)

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Chapter 12. 25

Film Permits

Sections:

12. 25. 010 Purpose
13. 25. 020 Definitions
14. 25. 030 Film Permit Required; Exceptions
15. 25. 040 Film Permit Application and Issuance
16. 25. 050 Denial, Suspension or Revocation of Film Permit
17. 25. 060 Film Permit Fees
18. 25. 070 Insurance and Indemnification
19. 25. 080 Students and Non- profit Organizations
20. 25. 090 Administrative Regulations

Section 12. 25. 010 Purpose

The film permit requirements established in this Chapter are intended to facilitate filming,

videotaping, photographing, and other visual recording activities within the city of Vista, whether on public or private property, in a manner that does not unreasonably interfere with the public peace, quiet enjoyment, health and safety, including traffic, parking, pedestrian circulation, and the use of or access to public property and facilities, or unreasonably endanger any property. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 020 Definitions

For the purposes of this Chapter, certain words and phrases are defined and certain

provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. A. " City Manager" means the City Manager of the City, or the City Manager' s designee for all actions described in this Chapter other than promulgating regulations pursuant to Section 12. 25. 090. B. " Commercial filming" means filming for the primary purpose of commercial use, sale or distribution, including, but not limited to, filming done for compensation, the expectation of compensation, or advertising on any medium. C. " Filming" means and includes all activity related to the taking of any still photographs, and to the staging, videotaping or filming of motion pictures, television shows or programs, serials, commercials, music videos, internet productions, print advertisement, training or educational videos, and to any other type of visual recording process, including digital recording. D. " Non- profit organization" means an organization that qualifies under Section 501( c)( 3) of the Internal Revenue Code as a charitable organization, provided that no person directly or indirectly receives a profit from the production, marketing or distribution of non- profit films or photography. E. " Student" means an individual enrolled in a recognized educational institution and who is conducting filming for purposes of a class project, assignment or other school requirement. Ord. 2018- 8, Added, 5/ 22/ 18)

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Section 12. 25. 030 Film Permit Required; Exceptions

A. Except as provided in paragraph ( B), no person shall conduct any filming in the City of Vista without a permit issued by the City. B. This Chapter does not apply to: 1. Filming conducted solely for non- commercial purposes ( including, but not limited to, personal, private or family use), provided the filming: a. Does not expose third parties to a risk of injury; and b. Does not directly or indirectly disrupt or impair use of public property, including the public right of way. 2. Filming for news media, including, but not limited to, newspapers, magazines, news services, broadcast stations, television or cable news shows, internet news programs, and similar news media, for the primary purpose of disseminating news, recent events, and other current public affairs; 3. Filming conducted entirely within the premises of a validly permitted motion picture, television, radio, or photography production studio; 4. Filming at any City-owned facility pursuant to a City-executed license or agreement provided that the method, hours and days of filming are consistent with the license or agreement; 5. Filming by or for the City or other governmental agencies; and 6. Student filming that does not require the placement of equipment, parking of vehicles, or other use or control of public property to the exclusion of others. 7. Filming which occurs pursuant to an approved street or other event under Chapter 12. 12 or an approved park event under Chapter 12. 13 where each of the following is satisfied: a. The filming locations, times and methods were fully described in the permit application, b. The filming is incidental and subordinate to the primary event authorized pursuant to the event approved pursuant to Chapters 12. 12 or 12. 13, C. The event sponsors, or their contractors, are the parties engaged in the filming, and d. The filming occurs in conformity with all terms and conditions of the approved permit. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 040 Film Permit Application and Issuance

A. Each film permit application shall be in a form provided by the City and must be completed in full and filed with the City Manager or designee. B. Complete applications, inclusive evidence of required insurance and the application fee, shall be filed no later than five City business days prior to the date of scheduled filming, or twelve days prior to the date of scheduled filming if location and/ or public service fees will be owed pursuant to Section 12. 25. 060( B). When location and/ or public service fees are owed, the amounts are determined after the complete application is submitted as provided in Section 12. 25. 060( B). C. Prior to issuance of a film permit, the City Manager may, as he or she deems necessary from the application, refer the application to other City departments that may be impacted by the proposed filming for the departments' review, evaluation, and recommendation to approve or disapprove the application. D. The City Manager or designee shall issue a film permit in accordance with this Chapter provided that the following criteria and requirements are met:

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1. A complete and accurate application has been received, inclusive of

evidence of required insurance, payment of the application fee, and payment of the location and/ or public services fees if required pursuant to Section 12. 25. 060. 2. The proposed filming will not unduly interfere with traffic or pedestrian movement; close any public space, street, sidewalk, parkway or other rights-of-way for an unreasonable period of time, or unduly interfere with nearby residents' or business owners' quiet, peaceful enjoyment of their property; 3. The proposed filming will not endanger public safety or property, including, but not limited to, the following: a. The proposed filming will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permitted area, and b. The proposed filming will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as necessary to protect the public health, safety, and general welfare; 4. The proposed filming will not endanger or threaten damage to public property; 5. The proposed filming will not unduly interfere with normal governmental functions or City services and operations, or conflict with previously scheduled events; 6. The proposed filming will not otherwise be detrimental to the public health or safety; 7. Any potential liabilities or expenses which the City may experience due to the filming are covered by insurance policies and indemnity agreements sufficient to financially protect the City, as determined by the City Manager or designee; and 8. The applicant has demonstrated that the proposed filming will occur without violating applicable laws or regulations. E. The permittee shall maintain the film permit at the filming location at all times for the duration of the filming. F. The permit shall set forth the location and hours of allowed filming, and shall include any conditions or rules which the City Manager or designee determines are reasonably necessary for the filming to occur in a manner consistent with the standards described in this Chapter. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 050 Denial, Suspension or Revocation of Film Permit

A. The City Manager shall deny issuance of a film permit if the requirements of this Chapter and all applicable laws and regulations have not been met, or if the application contains incomplete, false or misleading information. B. The City Manager may immediately suspend or revoke a film permit if the requirements of this Chapter and all applicable laws and regulations are not met; the information supplied by the permittee becomes, or is determined to be, false or incomplete; or any substantial change in circumstances renders the filming detrimental to the public health, safety or general welfare. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 060 Film Permit Fees

Prior to issuance of a film permit, all fees shall be paid on or before the date set forth

below: A. A non- refundable application fee shall accompany the application to reimburse the City for costs incurred to review the application.

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B. A location fee, if applicable, shall be paid at least five City business days prior to the start of any filming. The location fee is designed to compensate the City for the applicant' s use of public property and its unavailability for ordinary and usual purposes resulting from the filming, including preparation and strike days. The location fee will be reasonably determined by the City Manager after considering the public facilities to be used, the timing of the use, and the duration of the proposed use. Location fees are waived for the following: 1. Filming conducted entirely on private property; 2. Non- profit organizations; and 3. Students. C. A public services fee shall be paid at least five City business days prior to the start of any filming. The public services fee will be in an amount to reimburse the City for the cost of services it reasonably expects to incur in providing police officers, code enforcement officers, fire personnel, or other City personnel or City equipment for the purpose of protecting, assisting, and regulating the filming and public safety. The public services fee will be determined by the City Manager or designee based on the personnel to be provided, the duration of their required work, the cost of the personnel, and other expenses which will be imposed on the City. D. Any location fee and/ or public service fee will be refunded to an applicant if the application is denied. An applicant will also be entitled to a full or partial refund if the filming is cancelled and the City receives advance written notice with sufficient time for the City to: 1. Regain full or part use of the public property which is subject to the location fee; or 2. Avoid incurring all or part of the expenses to be covered by the public services fee. E. If an applicant disputes a location fee or public services fee determined by the City, the applicant may make a written request for reconsideration of that fee prior to making payment if the written request explains the basis for disagreeing with the City determination and the amount the applicant believes to be the correct determination. Upon receiving such a request for reconsideration, the City Manager or designee will review the request and make a final written determination of the fee. F. No refund or dispute of a fee may occur except as provided in this Section. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 070 Insurance and Indemnification

A. Before a film permit is issued, the applicant shall furnish public liability insurance in amounts as determined by the City's Risk Manager but in no event less than one million dollars and name the City of Vista, its City Council, boards and commissions, officers, agents, and employees as additional insureds. B. Before a film permit is issued, the applicant shall agree to indemnify, defend, and hold the City harmless from any liability for personal injury, wrongful death, and property damage arising out of the use of the film permit and City streets, property, and facilities. Ord. 2018- 8, Added, 5/ 22/ 18)

Section 12. 25. 080 Students and Non- profit Organizations

A. Students conducting filming shall first submit to the City a written certificate from

their school stating that they are bona fide, currently enrolled students of the school. B. Non- profit organizations conducting filming shall first submit to the City a certificate stating that they are exempt and classified as non- profit under applicable Federal and State tax law. Ord. 2018- 8, Added, 5/ 22/ 18)

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Section 12. 25. 090 Administrative Regulations

A. When administering this Chapter, City officers, employees, and agents shall, act

in a manner which is content neutral and viewpoint neutral. authorized to adopt administrative regulations or B. The City Manager is administrative filming and permit processing requirements which are consistent with the purposes of this Chapter. C. Violations of the administrative regulations adopted pursuant to this Section shall constitute violations of this Chapter, and shall subject the violator to the penalties set forth in this Chapter 1 of this Municipal Code. Ord. 2018- 8, Added, 5/ 22/ 18)

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Chapter 13. 04

Sewers and Sewage Disposal

Note: This section has been incorporated into Title 14 of the Vista Municipal Code.

Sections:

13. 4. 010 County Regulations Adopted - Sewers and Sewage Disposal Plants
14. 4. 020 County Regulations Adopted - Connections to Sewers
15. 4. 030 Supplemental Improvements - Reimbursement of Properties Benefited
16. 4. 040 Supplemental Improvements — Hearings - Reimbursement Charges and Agreements
17. 4. 050 Supplemental Improvements — Hearings - Notice
18. 4. 060 Supplemental Improvements - Majority Objection - Council Approval
19. 4. 070 Supplemental Improvements - Construction Prior to Hearing
20. 4. 080 Supplemental Improvements - Determination of Reimbursement Establishment of Charges
21. 4. 090 Supplemental Improvements - Payment of Charges
22. 4. 100 Repayment
23. 4. 110 Wastewater Discharge Permit
24. 4. 115 Sewerage Capacity Fees
25. 4. 120 Excess Usage Charge
26. 4. 121 Appeal of Excess Usage Charge
27. 4. 125 Amount of Sewerage Capacity Fees
28. 4. 130 Amount of Excess Usage Charge and Purchase of Additional Capacity
29. 4. 131 Waiver of Excess Usage Charge
30. 4. 135 Payment of Capacity Fees
31. 4. 140 Reuse of Old Wastewater Permits
32. 4. 145 Election to have Excess Usage Charge Collected with Taxes
33. 4. 150 Collection of Sewer Excess Usage Charges with Taxes
34. 4. 155 Transfer of Existing Sewer Permits
35. 4. 170 Equivalent Dwelling Units ( EDUs)
36. 4. 175 Residential Equivalent Dwelling Units Sewer Capacity
37. 4. 180 All Other User EDUs
38. 4. 185 EDUs for Operation and Maintenance
39. 4. 190 EDUs for Excess Usage Charge
40. 4. 195 Election to have Sewer Service Charges Collected with Taxes
41. 4. 200 Collection of Sewer Service Charges with Taxes

Section 13. 04. 010 County Regulations Adopted - Sewers and Sewage Disposal Plants

Prior Code 25- 1; Ord. 63- 1, Amended 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 020 County Regulations Adopted - Connections to Sewers

Prior Code 25- 2; Ord. No. 63- 1, Amended 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

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Section 13. 04. 030 Supplemental Improvements - Reimbursement of Properties Benefited

Prior Code 25- 11; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 040 Supplemental Improvements - Hearings - Reimbursement Charges and Agreements

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 050 Supplemental Improvements — Hearings - Notice

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 060 Supplemental Improvements - Majority Objection - Council Approval

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 070 Supplemental Improvements-Construction Prior to Hearing

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 080 Supplemental Improvements- Determination of Reimbursement - Establishment of Charges

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed, 4/ 14/ 09)

Section 13. 04. 090 Supplemental Improvements - Payment of Charges

Prior Code 25- 12; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2001- 5, Amended, 02/ 27/ 01; Ord. No. 2008- 15, Amended, 6/ 10/ 08; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 100 Repayment

Prior Code 25- 13; Ord. No. 88- 26, Amended 7/ 25/ 88; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 110 Wastewater Discharge Permit

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 115 Sewerage Capacity Fees

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 120 Excess Usage Charge

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 121 Appeal of Excess Usage Charge

Ord. No. 97- 1, Enacted 01/ 28/ 97; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

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Section 13. 04. 125 Amount of Sewerage Capacity Fees

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 130 Amount of Excess Usage Charge and Purchase of Additional Capacity

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 97- 1, Amended 01/ 28/ 97; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 131 Waiver of Excess Usage Charge

Ord. No. 97- 1, Enacted 01/ 28/ 97; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 135 Payment of Capacity Fees

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 140 Reuse of Old Wastewater Permits

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 145 Election to Have Excess Usage Charge Collected with Taxes

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 150 Collection of Sewer Excess Usage Charges with Taxes

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 155 Transfer of Existing Sewer Permits

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 170 Equivalent Dwelling Units ( EDUs)

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 175 Residential Equivalent Dwelling Units Sewer Capacity

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 180 All Other User EDUs

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 185 EDUs for Operation and Maintenance

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

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Section 13. 04. 190 EDUs for Excess Usage Charge

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 195 Election to have Sewer Service Charges Collected with Taxes

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

Section 13. 04. 200 Collection of Sewer Service Charges with Taxes.

Ord. No. 95- 7, Enacted 06/ 27/ 95; Ord. No. 2009- 10, Repealed 4/ 14/ 09)

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Chapter 13. 08

Encina Water Pollution Control Facility

Sections:

13. 8. 010 Adoption of Regulations and Procedures
14. 8. 020 Violation - Penalty

Section 13. 08. 010 Adoption of Regulations and Procedures

There is adopted by the City Council for the purpose of regulations and procedures for

industrial users of the Encina Water Pollution Control Facility, those certain regulations known as the pretreatment regulations and procedures for industrial users of the Encina Water Pollution Control Facility. One copy of said regulations is filed in the office of the City Clerk and is adopted and incorporated as fully as if set out at length in this section, and from the date on which the ordinance codified in this section takes effect the provisions thereof are controlling within the limits of the city. Prior Code 14- 38; Ord. No. 90- 23, Amended 6/ 25/ 90)

Section 13. 08. 020 Violation- Penalty

Violations of the regulations and procedures adopted in Section 13. 08. 010 shall be

punished as a misdemeanor under the provisions of Section 1. 16. 010 of this code. Prior Code 14- 39; Ord. No. 90- 23, Amended 6/ 25/ 90)

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Chapter 13. 12

Emergency Ambulance Service

Sections:

13. 12. 010 Purpose of Provisions
14. 12. 020 Purpose and Establishment of Fire- Med Program
15. 12. 030 Definitions
16. 12. 040 Administration
17. 12. 050 Eligibility for Membership
18. 12. 060 Enrollment
19. 12. 070 Membership Classes
20. 12. 080 Enrollment Fee
21. 12. 090 FireMed Membership Benefits
22. 12. 100 Duty to Respond; Intent of Program
23. 12. 110 Use of revenues from Enrollment Fees
24. 12. 120 Termination of Program

Section 13. 12. 010 Purpose of Provisions

For the purpose of safeguarding the health, safety and general welfare of the
establishes emergency ambulance service. Any person who hascommunity, the City Council

been injured in an accident or who is ill and in need of immediate transportation shall be given immediate transportation to a hospital. The City Council determines that the operation of an emergency ambulance service by the Fire Department of the City will enable the residents thereof to have more efficient and reliable emergency ambulance service for the City. The Fire Chief shall operate, maintain, establish, and administer the emergency ambulance service within his department so as to provide efficient and reliable emergency ambulance service consistent with available funds therefore. Prior Code 11- 31; Ord. No. 68- 36, Enacted 9/ 3/ 68)

Section 13. 12. 020 Purpose and Establishment of Fire- Med Program

For the purpose of promoting and protecting the health, safety and welfare of the
established a program, to be known as the " FireMed Program," tocommunity, there is hereby

provide for the voluntary pre- payment of the uninsured portion of the fees for emergency ambulance services provided by the Vista Fire Department. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 030 Definitions

Unless a different meaning is apparent from the context, or is specified elsewhere in the

code, the following definitions shall be used for purposes of this chapter. medical treatment and Emergency Ambulance Services." Those emergency transportation services of the Vista Fire Department established under Section 13. 12. 010 of this

code. FireMed Services." Those services provided by the Vista Fire Department, or any of its designated ambulance services providers, relating to emergency medical treatment and transportation provided through the FireMed Program.

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FireMed Program." A program of the Vista Fire Department providing pre- paid emergency ambulance services to any FireMed Member. FireMed Member." Any resident of the community served by the Vista Fire Department who voluntarily elects to join the FireMed Program upon payment of the annual membership fee established under the authority of Section 13. 12. 080 below, for the term of the membership obtained thereby. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 040 Administration

The FireMed Program shall be administered by and through the Vista Fire Department.

The Vista Fire Chief, or his/ her designee, shall be responsible for the direction, supervision, and coordination of all FireMed Program activities. The Fire Chief shall develop and recommend to the City Manager of the City of Vista such rules, policies, and procedures as may be necessary or appropriate for the effective administration and operation of the program. Upon approval by the City Manager, such rules, policies and procedures shall become effective in accordance with the terms and conditions specified therein. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 050 Eligibility for Membership

Any resident of the community served by the Vista Fire Department shall be eligible for

membership in the FireMed Program. For the purposes of this section, the term " resident" includes any person who resides within the community, whether on a permanent or temporary basis, or who is employed within the community. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 060 Enrollment

Any eligible resident who desires to enroll in the FireMed Program may become a FireMed

Member upon application in a form and manner to be established pursuant to Section 13. 12. 030 above and the payment of the enrollment fee during any period of open enrollment established by the Vista Fire Chief. There shall be a period of open enrollment during at least one month of every year. The Vista Fire Chief shall maintain a roster of the names and addresses or place of employment of all current FireMed Members. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 070 Membership Classes

The City Council may, by resolution, provide for different classes of membership in the

FireMed Program according to individual, household, or employee coverage. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 080 Enrollment Fee

There is hereby established an enrollment fee or fees (" Enrollment Fee") which shall be paid in advance by any eligible resident who wishes to enroll as a FireMed member. The Enrollment Fee may vary according to the classes of membership established by the City Council. The Enrollment Fee shall be based upon consideration of the amount of revenue required to defray the costs and expenses of maintaining emergency ambulance services in the community, the number of FireMed Members anticipated for each class, and the costs of

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administering the FireMed Program. The Enrollment Fee shall be limited by the amount necessary to meet anticipated costs and expenses of the emergency ambulance services. The Enrollment Fee is a form of user fee or service charge paid voluntarily in exchange for the FireMed Membership Benefits. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 090 FireMed Membership Benefits

A FireMed Member is entitled to receive the benefit of prepayment of the uninsured

portion of any fees established for emergency ambulance services provided by the Vista Fire Department, or any of its authorized contract service providers, to the Member, the Member' s household, or the Member' s employees, according to the class of membership. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 100 Duty to Respond; Intent of Program

Under no circumstances shall the priority, availability, or quality of emergency ambulance

services provided by the Vista Fire Department be based upon membership or non- membership in the FireMed Program. The responsibility to provide such service to all persons in need, regardless of membership, remains unaffected. The intent of the FireMed Program is to help support the provision of adequate emergency ambulance services to all persons in need of such services within the community served by the Vista Fire Department, and at the same time offer to eligible residents the opportunity to avoid the risk of the relatively high costs of any uninsured portion of the fees for such services through the pre- payment of the costs in advance of the

need. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 110 Use of Revenues from Enrollment Fees All revenues received from the payment of enrollment fees shall be used solely and exclusively to defray the costs and expenses associated with providing the emergency ambulance service of the Vista Fire Department. Ord. No. 93- 16, Enacted 05/ 25/ 93)

Section 13. 12. 120 Termination of Program

The FireMed Program may be terminated upon the close of any fiscal year by a resolution of the City Council adopted by a majority of its members at least 60 days prior to the effective date of termination. Upon such adoption of a resolution of termination, the City Council shall publish a notice of the pending termination in the manner provided by Section 6061 of the California Government Code and shall provide every current member at least 30 days written notice of termination. Upon demand of any member, the City Council shall arrange for a refund of the prorated portion of any enrollment fee for any member whose term of membership has not lapsed upon the date of termination. Ord. No. 93- 16, Enacted 05/ 25/ 93)

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Chapter 13.15

Mandatory Organic Waste Disposal Reduction

Sections:

Section 13.15.010 Purpose Section 13.15.020 Definitions Section 13.15.030 Single-Family Residential Dwelling Occupants Section 13.15.040 Commercial Businesses Section 13.15.045 Waivers for Generators Section 13.15.050 Commercial Edible Food Generators Section 13.15.060 Food Recovery Organizations and Food Recovery Services Section 13.15.070 Facility Operators and Community Composting Operations Section 13.15.080 Self-Haulers Section 13.15.090 Inspections and Investigations Section 13.15.100 Enforcement Section 13.15.110 Effective Date

Section 13.15.010 Purpose

This chapter is intended to comply with SB 1383, the Short-lived Climate Reduction Act

of 2016, and its implementing regulations. SB 1383 Regulations place requirements on cities, Single-Family Residential Dwellings, Commercial Businesses including Multi-Family Residential Dwellings, Commercial Edible Food Generators, Self-Haulers, Food Recovery Organizations and Food Recovery Services to achieve statewide Organic Waste disposal reduction targets in order to reduce organics in landfills as a source of methane. SB 1383 requires cities to adopt and enforce an enforceable mechanism, such as an ordinance, to implement SB 1383 Regulations. Ord. No. 2021-4, Enacted 4/27/21)

Section 13.15.020 Definitions

The following terms when used in this chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended: Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR ( e.g., “14 CCR” refers to Title 14 of CCR). California Code of Regulations or CCR references include the statutory language as it exists on the effective date of this ordinance and as amended from time to time. City” means the area within the territorial city limits of the City of Vista and such territory outside of the city over which the City has control by virtue of any constitutional provision or any law. Commercial Business” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. Commercial Edible Food Generator” means a Tier One or a Tier Two Commercial Edible Food Generator. Commercial Edible Food Generator does not include Food Recovery

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Organizations and Food Recovery Services. Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet. Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. Compost has the same meaning as in 14 CCR Section 17896.2(a)(4) if otherwise defined in that section. Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants. Contaminated Container has the same meaning as in 14 CCR Section 18982(a)(14) if otherwise defined in that section. Designee” means an entity that City contracts with, or otherwise arranges with, to carry out any of City’s responsibilities as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. Edible Food” means food intended for human consumption. Edible Food does not include Solid Waste if it is recovered and not discarded or food that does not meet the food safety requirements of the California Retail Food Code. Edible Food has the same meaning as in 14 CCR Section 18982(a)(18) if otherwise defined in that section. Enforcement Officer” means any person authorized by the City Manager to enforce a violation of this code. Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. Food Distributor has the same meaning as in 14 CCR Section 18982(a)(22) if otherwise defined in that section. Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed. Food Recovery has the same meaning as in 14 CCR Section 18982(a)(24) if otherwise defined in that section. Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including, but not limited to: (i) a food bank as defined in Section 113783 of the Health and Safety Code; (ii) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; or iii) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. Food Recovery Organization has the same meaning as in Section 14 CCR Section 18982(a)(24) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Organization does not include a Commercial Edible Food Generator. Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. Food Recovery Service has the same meaning as in 14 CCR Section 18982(a)(26) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Service does not include a Commercial Edible Food Generator. Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these organizations. Food Service Provider has the same meaning as in 14 CCR Section 18982(a)(27) if otherwise defined in that section. Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28). Gray Containers shall be used for the storage and collection of Gray Container Waste. Gray Container Waste” means Solid Waste that is collected in a Gray Container as

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part of a three-container organic waste collection service. Gray Container Waste has the same meaning as in 14 CCR Section 17402(a)(6.5) if otherwise defined in that section. Pursuant to 14 CCR Section 18984.1(a) and (b), Gray Container Waste does not include Organic Waste. Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29). Green Containers shall be used for the storage and collection of Source Separated Green Container Organic Waste. Grocery Store” means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry, and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store has the same meaning as in 14 CCR Section 18982(a)(30) if otherwise defined in that section. Hauler Route” means the waste hauler’s designated itinerary or sequence of stops for each segment of City’s collection service area. Hauler Route has the same meaning as in 14 CCR Section 18982(a)(31.5) if otherwise defined in that section. High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and that meets or exceeds an annual average mixed waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “ Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5). High Diversion Organic Waste Processing Facility has the same meaning as in 14 CCR Section 18982(a)(33) if otherwise defined in that section. Large Event” means an event, including but not limited to a sporting event or a flea market, that charges an admission price or is operated by a local agency, that serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space. Large Event has the same meaning as in 14 CCR Section 18982(a)(38) if otherwise defined in that section. Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A permanent venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. Large Venue has the same meaning as in 14 CCR Section 18982(a)(39) if otherwise defined in that section. Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste. Local Education Agency has the same meaning as in 14 CCR Section 18982(a)(40) if otherwise defined in that section. Multi-Family Residential Dwelling” means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units. Multi-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses. Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process. Non-Compostable Paper has the same meaning as in 14 CCR Section 18982(a)(41) if otherwise defined in that section. Non-Local Entity” means the following entities located within the boundaries of City that are not subject to City’s enforcement authority: ( i) special districts; ( ii) federal facilities including military installations; ( iii) prisons; ( iv) facilities operated by the state park system; ( v)

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public universities ( including community colleges); ( vi) county fairgrounds; and ( vii) state agencies. Non-Local Entity has the same meaning as in 14 CCR Section 18982(a)(42) if otherwise defined in that section. Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass. Non-Organic Recyclables has the same meaning as in 14 CCR Section 18982(a)(43) if otherwise defined in that section. Occupants” means and includes every owner of, and every tenant or person who is in possession of, that is the inhabitant of, or has the care and control of, an inhabited residence or place of business. Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges. Biosolids and digestate have the same meaning as in 14 CCR Section 18982(a). Organic Waste has the same meaning as in 14 CCR Section 18982(a)(46) if otherwise defined in that section. Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling. Paper Products has the same meaning as in 14 CCR Section 18982(a)(51) if otherwise defined in that section. Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications. Printing and Writing Papers has the same meaning as in 14 CCR Section 18982(a)(54) if otherwise defined in that section. Prohibited Container Contaminants” means the following: ( i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials; ( ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials or Source Separated Green Container Organic Wastes; and ( iv) carpet, hazardous wood waste or Non- Compostable Paper placed in a Green Container. Recovered Organic Waste Products” means products made from California, landfill- diverted recovered Organic Waste processed in a permitted or otherwise authorized facility. Recovered Organic Waste Products has the same meaning as in 14 CCR Section 18982(a)(60) if otherwise defined in that section. Recovery” means any activity or process described in 14 CCR Section 18983.1(b). Recovery has the same meaning as in 14 CCR Section 18982(a)(49) if otherwise defined. Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber. Recycled-Content Paper has the same meaning as in 14 CCR Section 18982(a)(61) if otherwise defined. Regional Agency” has the same meaning as in Public Resources Code Section 40181. Remote Monitoring” means the use of the internet of things ( loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for the purpose of identifying the quantity of materials in containers and/or the presence of Prohibited Container Contaminants. Remote Monitoring may, among other things, involve installation of devices on or in the Blue Containers, Green Containers, and Gray Containers. Responsible Party” means the person or party who is in immediate control of the

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premises, activity or operation, or the property owner where the violation is located. Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. Restaurant has the same meaning as in 14 CCR Section 18982(a)(64) if otherwise defined in that section. Route Review” means a visual inspection of containers along a Hauler Route for the purpose of determining Contaminated Containers and that may include mechanical inspection methods such as the use of cameras. Route Review has the same meaning as in 14 CCR Section 18982(a)(65) if otherwise defined in that section. SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended from time to time. SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California’s Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations. Self-Hauler” means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-Hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section. Single-Family Residential Dwelling” means a building or portion thereof used exclusively for residential purposes with fewer than five ( 5) units. Single-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses. Solid Waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes. Solid Waste does not include any of the following wastes: 1. Hazardous waste, as defined in the State Public Resources Code Section 40141. 2. Radioactive waste regulated pursuant to the State Radiation Control Law Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). 3. Medical waste regulated pursuant to the State Medical Waste Management Act Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. Solid Waste has the same meaning as in State Public Resources Code Section 40191 if otherwise defined in that section. Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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. Source Separated has the same meaning as in 14 CCR Section 17402.5(b)(4) if

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otherwise defined in that section. Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes, as specified by City or Designee, that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables. Source Separated Green Container Organic Waste” means Source Separated Organic Waste, as specified by City or Designee, that can be placed in a Green Container that is limited to the collection of Organic Waste by the Generator. Source Separated Green Container Organic Waste does not include Source Separated Recyclable Materials, carpets, Non-Compostable Paper, hazardous wood waste and textiles. Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. State” means the State of California. Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($ 2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. Supermarket has the same meaning as in 14 CCR Section 18982(a)(71) if otherwise defined in that section. Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: ( i) Supermarket; ( ii) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (iii) Food Service Provider; (iv) Food Distributor; or v) Wholesale Food Vendor. Tier One Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(73) if otherwise defined in that section. Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: (i) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (ii) hotel with an on-site Food Facility and 200 or more rooms; ( iii) health facility with an on-site Food Facility and 100 or more beds; ( iv) Large Venue; ( v) Large Event; ( vi) a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or ( vii) a Local Education Agency facility with an on-site Food Facility. Tier Two Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(74) if otherwise defined in that section. Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food, including fruits and vegetables, is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. Wholesale Food Vendor has the same meaning as in 14 CCR Section 189852(a)(76) if otherwise defined in that section. Ord. No. 2021-4, Enacted 04/27/21; Ord. No. 22-6, Added 05/10/22)

Section 13.15.030 Single-Family Residential Dwelling Occupants

Single-Family Residential Dwelling Occupants, except those that meet the Self-Hauler requirements of this chapter, are subject to the following requirements: A. Single-Family Residential Dwellings shall subscribe to the City’s three-container Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. City shall have the right to review the number, size, and location of a generator’s containers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-Family Residential Dwelling Occupants shall adjust their service levels as requested by City. B. Single-Family Residential Dwelling Occupants shall participate in City’s three- container ( Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers:

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1. Single-Family Residential Dwelling Occupants shall place Source

Separated Green Container Organic Waste in the Green Container; 2. Single-Family Residential Dwelling Occupants shall place Source Separated Recyclable Materials in the Blue Container; and 3. Single-Family Residential Dwelling Occupants shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. C. Nothing in this section prohibits Single-Family Residential Dwelling Occupants from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). Ord. No. 2021-4, Enacted 04/27/21; Ord. No. 22-6, Amended 05/10/22)

Section 13.15.040 Commercial Businesses

Commercial Businesses are subject to the following requirements: A. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall subscribe to the City’s three-container ( Blue Container, Green Container, and Gray Container) collection services and shall comply with the requirements of those services as described below in subsection B. City shall have the right to review the number, size, and location of a generator’s containers, and frequency of collection, to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Commercial Businesses shall adjust their service levels as requested by City. B. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall participate in and comply with City’s three-container ( Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers: 1. Commercial Businesses shall place Source Separated Green Container Organic Waste in the Green Container; 2. Commercial Businesses shall place Source Separated Recyclable Materials in the Blue Container; and 3. Commercial Businesses shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. C. Commercial Businesses shall supply and allow access to an adequate number, size, and location of collection containers, for use by employees, contractors, tenants, and customers, consistent with City’s three container (Blue Container, Green Container, and Gray Container) collection service. D. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all areas where disposal containers are provided for customers, except for restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then it is not required to provide that container type. Pursuant to 14 CCR Section 18984.9(b), the containers provided by Commercial Businesses shall have at least one of the following characteristics: 1. A body or lid that conforms with the container colors provided through the collection service provided by City. a. A Commercial Business is not required to replace non-compliant functional containers purchased prior to January 1, 2022 until the end of their useful life, or January 1, 2036, whichever comes first.

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2. Container labels that include language or graphic images, or both,

indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. E. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with City’s Blue Container, Green Container, and Gray Container collection service. F. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers and Gray Containers for contamination, and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers. G. Commercial Businesses shall annually provide information to employees, contractors, tenants, and customers that describes Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. H. Commercial Businesses shall provide educational information to new tenants within fourteen (14) days of their occupation of the premises that describes the requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste, and that the location of containers and the rules governing their use on the premises. I. Commercial Businesses shall provide, or arrange for, access to their premises for City or its agents during inspections conducted in accordance with Section 13.15.090 to confirm compliance with the requirements of this chapter. J. Commercial Businesses shall participate in any City Remote Monitoring program for inspection of containers for Prohibited Container Contaminants. K. Nothing in this section prohibits a Commercial Business from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site. (Ord. No. 2021-4, Enacted 4/27/21; Ord. No. 22-6, Amended 05/10/22)

Section 13.15.045 Waivers for Generators

A. De Minimis Waivers. City may waive a Commercial Business’ ( including Multi- Family Residential Dwellings) obligation to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business generates below a certain amount of Organic Waste material as described in Section 13.15.045(b). 1. A Commercial Business requesting a de minimis waiver shall: a. Submit an application, on a form provided by the City, specifying the service(s) for which they are requesting a waiver. b. Provide documentation establishing that either: A. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, B. The Commercial Business’ total Solid Waste collection services is less than two cubic yards ` per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste. 2. If City approves the waiver, the Commercial Business shall: a. Notify City if circumstances change such that the Commercial Business’ Organic Waste exceeds the threshold required for a waiver, in which case the City will rescind the waiver.

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b. Provide written verification of eligibility for a de minimis waiver to

the City every 5 years. B. Physical Space Waivers. City may waive a Commercial Business’, Multi- Family Residential Dwellings’ or Single-Family Residential Dwellings’ obligations to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter. A Commercial Business, Multi-Family Residential Dwelling or Single-Family Residential Dwelling requesting a physical space waiver shall: 1. Submit an application, on a form provided by the City, specifying the type(s) of collection services for which they are requesting a waiver. 2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer. 3. Once City approves a physical space waiver, provide written verification of eligibility for a physical space waiver every five years to the City. Ord. No. 22-6, Added 05/10/22)

Section 13.15.050 Commercial Edible Food Generators

A. Pursuant to 14 CCR Section 18991.3, Tier One Commercial Edible Food Generators must comply with the requirements of Section 13.15.050.C commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024. B. Large Venue or Large Event operators not providing food services, but that allow food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of Section 13.15.050.C, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following: 1. Shall arrange to recover the maximum amount of Edible Food that would otherwise be disposed. A Commercial Edible Food Generator shall comply with the requirements of this section through a contract or written agreement with any of the following: a. Food Recovery Organizations or Food Recovery Services that will collect their Edible Food for Food Recovery. b. Food Recovery Organizations that will accept the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. 2. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 3. Pursuant to 14 CCR Section 18991.4, shall maintain a record that includes the following information: a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations that the Commercial Edible Food Generator has a contract or written agreement with: A. The name, address and contact information of the Food

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Recovery Service or Food Recovery Organization. B. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. C. The established frequency that food will be collected or self-hauled. D. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. 4. Pursuant to 14 CCR Section 18995.1(a)(2), shall allow City Enforcement Officers or Designee access to the premises to ensure compliance with this chapter, including the recordkeeping requirements in Section 13.15.050.C.3. D. Shall provide City or Designee with an annual written Food Recovery report that includes the information described in Section 13.15.050.C.3, as follows: 1. By August 1, 2022, Tier One Commercial Edible Food Generators must provide an initial written annual report for the period of January 1, 2022 through June 30, 2022. Beginning in year 2023, and every year thereafter, Tier One Commercial Edible Food Generators must provide written annual reports by March 1 for the period covering the entire previous calendar year. 2. Beginning in year 2025, and every year thereafter, Tier Two Commercial Edible Food Generators must provide written annual reports by March 1 for the period covering the entire previous calendar year. E. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, as amended from time to time. Ord. No. 2021-4, Enacted 04/27/21)

Section 13.15.060 Food Recovery Organizations and Food Recovery Services

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators through a contract or written agreement shall maintain the following records: 1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators through a contract or written agreement shall maintain the following records: 1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. C. Food Recovery Organizations and Food Recovery Services that are located in the City and contract with or have written agreements with Commercial Edible Food Generators shall

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annually report to City or Designee the total pounds of Edible Food they recovered from Commercial Edible Food Generators, as follows: 1. By August 1, 2022, Food Recovery Organizations and Food Recovery Services must provide an initial written annual report for the period of January 1, 2022 through June 30, 2022. 2. Beginning in year 2023, and every year thereafter, Food Recovery Organizations and Food Recovery Services must provide written annual reports by March 1 for the period covering the entire previous calendar year. D. Food Recovery Services and Food Recovery Organizations operating in the City shall provide information upon City’s or Designee’s request regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization shall respond to City’s or Designee’s request for information within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee. Ord. No. 2021-4, Enacted 04/27/21)

Section 13.15.070 Facility Operators and Community Composting Operations

A. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works, upon City’s or Designee’s request, shall provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by City or Designee shall respond within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee. B. Community Composting operators, upon City’s or Designee’s request, shall provide information relating to Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by City or Designee shall respond within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee. Ord. No. 2021-4, Enacted 04/27/21)

Section 13.15.075 Requirements for Franchise Haulers

City’s franchise hauler that provides Organic Waste collection services to generators

within the City’s boundaries shall meet the following requirements as a condition of its grant of franchise: A. Through an annual written notice to the City on or before March 1, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste. B. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. C. Obtain or maintain the City’s approval to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition waste in a manner that complies with 14 CCR Section 18989.1 and this chapter. Ord. No. 22-6, Added 05/10/22)

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Section 13.15.080 Self-Haulers

A. Self-Haulers shall comply with the following source separation and waste processing requirements: 1. Self-Hauler shall haul comingled wastes that they generate, including Organic Waste, to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3; or 2. Self-Hauler shall Source Separate all recyclable materials and Organic Waste that is accepted in City’s Organic Waste and recycling collection program, which is generated on-site, from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2. a. Self-hauler shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and b. Self-hauler shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste, or to a High Diversion Organic Waste Processing Facility. B. Self-Haulers that meet the requirements of Section 13.15.080.A.2 must additionally comply with Vista Municipal Code Section 13.16.090 for the self-hauling of Gray Container Waste. C. Self-Haulers that are Commercial Businesses, including Multi-Family Residential Dwellings, shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, property, or High Diversion Organic Waste Processing Facility that processes or recovers Organic Waste. This record shall be subject to inspection by City or Designee. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste. Notwithstanding the foregoing, if the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of waste received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. 2. The amount of material in cubic yards or tons transported by the generator to each entity. D. A Single-Family Residential Dwelling Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 13.15.080.C. Ord. No. 2021-4, Enacted 04/27/21)

Section 13.15.090 Inspections and Investigations

A. City Enforcement Officers or Designee are authorized to conduct inspections and investigations of facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for an inspection is refused by an owner, occupant or agent, an inspection warrant shall be obtained prior to inspection. B. Any records obtained by City Enforcement Officers or Designee during its inspections and investigations shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. C. City or Designee shall receive written complaints from persons, including anonymous complaints, regarding an entity that may be non-compliant with this chapter. Ord. No. 2021-4, Enacted 04/27/21; Ord. No. 2022-6, Amended 05/10/22)

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Section 13.15.100 Enforcement

A. Beginning January 1, 2022, and through December 31, 2023, if City determines that a Responsible Party is not in compliance with this chapter, it shall provide educational materials to the entity describing its obligations, and a notice that compliance is required by January 1, 2022, and that violations are subject to administrative citations and fines beginning January 1, 2024. B. Beginning on January 1, 2024, City shall enforce violations of this chapter by issuing a notice of violation requiring compliance within 60 calendar days of issuance of the notice. City may extend the compliance deadlines set forth in a notice of violation if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are: 1. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters; 2. Delays in obtaining discretionary permits or other government agency approvals; and 3. Deficiencies in organic waste recycling capacity infrastructure or Edible Food Recovery capacity, and the entity with jurisdiction is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies. C. Notice of violations shall be issued by an Enforcement Officer to the Responsible Party by personal service, by mail, or posting of property in accordance with Vista Municipal Code Section 1.13.050. The notice of violation shall include the following information: 1. The name(s), or account name(s) if different, of each person or entity to whom it is directed; 2. A factual description of the violations of this chapter, including the section(s) being violated; 3. A compliance date by which the operator is to take specified action(s); and 4. The potential for an administrative citation and fine for not complying within the specified compliance date. D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows: 1. Pursuant to 14 CCR Section 18998.2, City shall issue administrative citations and fines to entities that remain non-compliant with this chapter despite issuance of a notice of violation. 2. Administrative citations shall be issued by an Enforcement Officer in accordance with Chapter 1.13 of the Vista Municipal Code. E. The following administrative fine amounts apply to administrative citations issued for violations chapter: 1. For a first violation, the fine shall be $50 to $100 per violation. 2. For a second violation committed within one year of the first violation, the fine shall be $100 to $200 per violation. 3. For a third or subsequent violation committed within one year of the first violation, the fine shall be $250 to $500 per violation. F. Notwithstanding the foregoing provisions, SB 1383 Regulations do not require the City to undertake mandatory administrative enforcement actions, including civil penalties, against Organic Waste Generators due to the placement of Prohibited Container Contaminants within their Blue Containers, Green Containers, or Gray Containers. SB 1383 Regulations require the City to address such violations through the notice provisions of 14 CCR Section 18984.5(b). However, the City may pursue administrative enforcement actions against such violations in its discretion.

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Ord. No. 2021-4, Enacted 04/27/21; Ord. No. 2022-6, Amended 05/10/22)

Section 13.15.110 Effective Date

This chapter shall be effective beginning on January 1, 2022 .

Ord. No. 2021-4, Enacted 04/27/21)

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Chapter 13. 16

Solid Waste Management

Sections:

13. 16. 010 Purpose
14. 16. 020 Definitions
15. 16. 030 Burying Prohibited Generally
16. 16. 040 Burying Permitted- Procedure - Effect of Health Officer' s Order Prohibiting
17. 16. 050 Burning Prohibited Generally
18. 16. 060 Solid Waste Collection Mandatory
19. 16. 070 Frequency and Scheduling of Collection
20. 16. 080 Special Collections
21. 16. 090 Exemption from Mandatory Collection
22. 16. 100 Exemption from Payment - Economic Hardship
23. 16. 110 Unlawful Collection
24. 16. 120 Solid Waste Containers - Type and Construction
25. 16. 130 Solid Waste Containers - Volume/ Weight Limitations
26. 16. 140 Special Methods of Collection and Disposal
27. 16. 150 Placement of Containers for Collection
28. 16. 160 Transporting Vehicles - Body Requirements
29. 16. 170 Transporting Vehicles - Covering When Not In Use
30. 16. 180 Unlawful Transportation through Public Streets
31. 16. 190 Unlawful to Place Infectious or Hazardous Waste in Solid Waste Containers
32. 16. 200 Unsafe or Offensive Accumulation of Solid Waste Prohibited
33. 16. 210 Interference with Solid Waste Containers Prohibited
34. 16. 220 Spilling of Solid Waste Prohibited
35. 16. 230 No Parking of Loaded Trucks Overnight
36. 16. 240 Franchise Agreement between Contractor and City
37. 16. 250 Contract Authority - Bond Required
38. 16. 260 Indemnification to City
39. 16. 270 Basis for Letting
40. 16. 280 Authority to Terminate, Relet Contract
41. 16. 290 Assignment or Transfer of Rights
42. 16. 300 Solid Waste Collection, Spillage and Cleanup
43. 16. 310 Solid Waste Disposal
44. 16. 320 Collection from Public Parks and Government Buildings
45. 16. 330 Contractor Participation in Special Cleanup Activities
46. 16. 340 Vehicle Compliance with Codes and Regulations
47. 16. 350 Compliance with Local and California Laws and Regulations
48. 16. 360 Continuance of Service in the Event of Nonpayment
49. 16. 370 Establishment of Charges
50. 16. 380 Basis for Charges
51. 16. 390 Liability for Payment
52. 16. 400 Direct Bill by Contractor and Payment to Contractor
53. 16. 410 Failure to Pay Contractor for Solid Waste Collection
54. 16. 420 Special Assessment Collection
55. 16. 430 Duties Regarding Collection and Removal
56. 16. 440 City Manager to Settle Controversies

57. 16. 450 City Manager to Regulate and Approve Vehicles and Methods of Hauling

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13. 16. 460 Making of Rules and Regulations
14. 16. 470 Notice of Violation
15. 16. 480 Violations of Certain Sections - Infraction
16. 16. 490 Violations of Section 13. 16. 190 - Misdemeanor
17. 16. 500 California Mandated Trash Clean- Up Revenue Fund
18. 16. 510 California Mandated Trash Clean- Up Capital Fund
19. 16. 520 California Mandated Trash Clean- Up Service Charge
20. 16. 530 California Mandated Trash Clean- Up Adoption of Rates
21. 16. 540 California Mandated Trash Clean- Up Method of Collection

Section 13. 16. 010 Purpose

The City Council finds that the storage, accumulation, collection and disposal of solid

waste is a matter of public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding, rodent infestation, pollution to surface waters and other problems affecting the health, welfare, and safety of the residents of this and surrounding cities. The City Council further finds that the periodic collection of solid waste from all real properties with Generators in the City benefits all persons in the City as well as the greater community. Accordingly, the collection of solid waste in the City is a mandatory service and all owners of real property with Generators as defined in Section 13. 16. 020 are made liable for the payment of such fees as may be charged from time to time by the City' s Contractor. The City Council further declares that the regulations provided in this chapter are designated to eliminate or alleviate such problems and to provide procedures complying with requirements placed upon the City by other regulatory bodies. Prior Code 13- 1; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 020 Definitions

For the purpose of this chapter, the following words and phrases are defined as follows, unless it is apparent from the context that they have a different meaning: Agent" means any employee or agent of the City designated by the City Manager or City Council as being responsible for directing, collecting, or providing for the collection, disposal and transportation of solid waste. Animal Waste" means manure, fertilizer or any form of excrement produced by any and all forms of domestic animals or commercial livestock. City" means the City of Vista as its boundaries now exist or may exist during the term of this chapter. City Council" means the Mayor and City Council of the City. City Manager" means the City Manager or the City Manager's designee. Collection" when used singly in this chapter, means the collection, transportation and disposal of any and all forms of solid waste, as defined in this section. Combustible Rubbish" includes paper, rags, discarded household bedding, packing materials, cartons, boxes, containers, grass, plants, shrubs, trees, vines, and the prunings thereof, shavings, sawdust, chips, lumber scraps, or other articles from lumberyards, mills or factories and other articles which will burn upon contact with flames of ordinary temperature. Combustible rubbish does not include those materials listed under " construction and demolition debris," in this section. Compost" has the meaning established by California Public Resources Codes Section 40116.

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Construction and Demolition Debris" includes dirt, sweepings, bricks, mortar, plaster, and other building materials, whether combustible or noncombustible, resulting from the repair, remodeling, demolition, or construction of buildings. Contractor" means the solid waste collection contractor with whom the City Council has entered into written agreement for the collection, transportation and disposal of solid waste within the City. County" means the County of San Diego. Dwelling" has the meaning established by Vista Development Code 18. 02. 270. Generator" means any persons, place of business, or dwelling that creates, produces, or accumulates solid waste. Green Waste" includes vegetative matter and plant debris, such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, and other forms of organic waste, all as further defined and limited by the Contractor. Hazardous Waste" has the meaning established by California Public Resources Code Section 40141. Littering" means the willful or negligent throwing, tossing, dropping, placing, depositing, sweeping, or blowing with a mechanical device of any solid waste or recyclable on public sidewalk, street, alleys, walkway, waters, waterway, water course, gutter, storm drain, park, railroad right- of-way, open space, or other public property whether open to the public or not, except in a receptacle designed for solid waste collection, recycling, or disposal. Miscellaneous and Bulky Debris" means all solid waste not otherwise provided for in the foregoing or following definitions including appliances, furniture, large auto parts, trees, branches, stumps, or amounts of solid waste collected at each collection in excess of the maximum amounts permitted by this chapter, and other solid waste the size, weight, or volume of which precludes or complicates their handling by normal collection methods. Noncombustible Solid Waste" includes, among other things ashes, bottles, broken glass, crockery, earthenware, metal cans, metalware, wire products, other articles of discarded metal or stone of less than 20 pounds in weight each, automobile tires, inner tubes, batteries, and metal kegs, barrels, or casks. Noncombustible solid waste shall not include those materials listed under" construction and demolition debris," in this section. Occupants" means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or place of business. Organic Waste" has the meaning established by California Public Resources Code Section 42649. 8. Owner" means the legal owner or owners of real property with a Generator. Person" as used in this chapter, means any individual, firm, corporation, association, or group, or combination acting as a unit. Place of Business" means any hotel, motel, lodging house, trailer court, restaurant, cafeteria, market, hospital, or any educational, institutional, professional, commercial, or industrial establishment where there is an accumulation of solid waste. Single Family Dwelling" has the meaning established by Vista Development Code 18. 02. 280. Solid Waste" has the meaning established by the California Public Resources Code section 40191. In addition, solid waste includes any material that may be recycled. Streets" means the public streets, ways, alleys, and places, except state freeways, as the same now or may hereafter exist within the City. Truck" means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting solid waste or to haul or transport solid waste. Prior Code 13- 2; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. 2014- 11, Amended to Add 6/ 24/ 14; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 030 Burying Prohibited Generally

Except as provided in Section 13. 16. 040, no person shall bury any solid waste on any real

property within the City. Prior Code 13- 3; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 040 Burying Permitted - Procedure- Effect of Health Officer' s Order Prohibiting

Organic Waste may be buried in the ground as part of ordinary non- commercial gardening

activity if the same is at once securely covered with earth to a depth of at least 12 inches in such a manner as to prevent noticeable odors at adjoining property lines or attraction of rodents or disease vectors; provided, such burial occurs no closer than 60 feet to any dwelling; provided, further, that no person deposits any Organic Waste in such a manner that the same is or may become a nuisance or endanger the public health, and that an order from the County Health Officer prohibiting such deposit is final. Prior Code 13- 4; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 050 Burning Prohibited Generally

The burning of any and all types of solid waste within the City is prohibited, with the

exception that agricultural crop wastes may be burned pursuant to permits issued by the Fire Chief, or the Fire Chiefs designee in accord with Section 41855 of the Health and Safety Code. Prior Code 13- 5; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 060 Solid Waste Collection Mandatory

It shall be the duty of every Owner to cause the provision of solid waste collection services

by the Contractor to the Generator. Prior Code 13- 6; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 070 Frequency and Scheduling of Collection

All solid waste from a Generator shall be collected at least once each week. The City Manager may, at the City Manager' s discretion, or upon recommendation of the Contractor or the County Health Officer, require more frequent pick-ups should the nature of a particular Generator so require. The Contractor shall arrange collection routes so that pick- ups will be made on the same day of each succeeding week, with the following exception: No collection will occur on Memorial, Independence, Labor, Thanksgiving, Christmas, and New Year's Day, contingent upon advance notice to all those affected, in a manner satisfactory to the City Manager. Prior Code 13- 7; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 080 Special Collections

A. Availability and Payment for Services. Any Generator desiring to have solid waste

collections more frequently than provided by this chapter or who has accumulated solid waste of any type exceeding the maximum amount permitted per collection, or who has accumulated miscellaneous, bulky, construction, or demolition debris shall enter in an agreement with the Contractor for special collection service. Such service is rendered on terms mutually agreeable to both parties and payment for service is made directly to the Contractor.

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B. Payment under Protest. Any Generator billed for special collection services and

who desires to contest the extent or reasonableness of the charge billed, shall make payment of such charges under protest and, at the same time, file a written statement of protest with the City Manager. Within 30 days after the date of filing, the City Manager shall notify the protesting party of the decision and adjustment in the matter. Prior Code 13- 8; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 090 Exemption from Mandatory Collection

A. Any Generator may request exemption from the requirement of Section 13. 16. 060, on condition that proof of the consent of the Owner and regular use of a county- authorized solid waste facility is shown. Such proof of regular use shall consist of the following: 1. Single Family Dwellings. A minimum of 48 disposal receipts from a county- authorized solid waste facility. Receipts shall have been issued during that calendar year for which exemption is requested and at intervals no greater than eight days. 2. Non- Dwelling Occupancies. Generally, the same requirements as specified for Single Family Dwellings, above, with the following exception: the City Manager may, at the City Manager's discretion or upon recommendation of the County Health Officer, require a greater number of disposal receipts, issued at lesser intervals than specified above, should the nature of the business in question demand more frequent disposal. B. Applications for exemption shall be filed in writing with the City no later than January 1 of each year, for approval or disapproval by the City Manager. First year exemptions are granted upon proof of advance purchase of 24 dump passes or regular weekly self-disposal. Subsequent applications by the same occupant shall be accompanied by proof of disposal during the preceding year, as required above. This exemption status is revocable upon continued violation of this chapter and upon recommendation of City Manager. C. An exemption from the mandatory collection requirements of Section 13. 16. 060 may be granted to the owner of any property that is vacant for a period of 30 consecutive days or more. Such exemption may be granted by the City Manager, or person authorized and designated by him/ her, upon receipt of a written notice of other evidence in writing from the legal owner of the property that the property is vacant and such additional information or evidence that the City Manager or the City Manager' s designee may require. Failure of the property owner to give written notice of the vacancy in such time and in such manner as the City Manager may require shall provide reasonable grounds for ineligibility or disallowance of the exemption until such time as proper notice has been given. The City Manager shall establish the time and manner requirements for proper notice by adoption of an administrative procedure. Prior Code 13- 9; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 94- 29, Enacted Section C, 12/ 13/ 94; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 100 Exemption from Payment - Economic Hardship

A. Any occupant of a Single Family Dwelling in the City may request exemption from payment for mandatory collection services on grounds of economic hardship. For purposes of this section, " economic hardship" means inability to pay, based on a combined family income falling at or below poverty level in the calendar year preceding that in which exemption is requested. Eligibility for exemption shall be determined based on the most recent figures for " Income at Poverty Level by Family Size" published by the U. S. Bureau of Census. All requests for exemption shall be accompanied by such certification of income deemed appropriate by the City Manager and are decided by the City Manager. No person contracting for special collection services pursuant to Section 13. 16. 080 of this chapter, is exempt from payment for such services.

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B. There is created in the general fund an account for the payment of refuse

collection subsidies. It is debited for payment to the Contractor of regular monthly charges incurred for provision of collection services to persons exempted pursuant to Subsection A of this

section. Prior Code 13- 10; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 110 Unlawful Collection

It is unlawful for any person to collect solid waste within the City unless such person is under written contract with the City to perform collection services or is exempted as outlined in Subsections A, B, C, D, E, F, and G of this section. It is further unlawful for any person to permit, allow, or enter into any agreement whatsoever for the collection of solid waste with any person not the Contractor as defined in Section 13. 16.020, except as permitted in Subsections A, B, C, D, E, F, and G of this section. A. Subcontractors to the Contractor may perform such collection services as are approved in writing by the City Manager. B. The occupant of any premises may remove solid waste accumulated on premises owned, occupied or controlled by that person and may dispose of the same in a lawful manner. Except as provided in Section 13. 16. 090, exercise of this right does not exempt such person from payment of the mandatory solid waste collection fee due to the Contractor as provided for under terms of this chapter. C. The collection and removal of lawn clippings, shrub and tree trimmings and other vegetative matter by individual residents and by persons doing business as professional landscapers, when such activity is directly related to their work, is exempt from provisions of this section. D. The Contractor is not required to collect hazardous or dangerous materials as part of regular collection activity. Liquid and dry caustics, acids, biohazardous, flammable, or explosive materials, insecticides, and similar substances shall instead be handled and disposed of under separate agreement between Generator and Contractor or a designated subcontractor approved by the City, under arrangements made with the City and in accord with provisions of the California Health and Safety Code. Such agreements are exempt from the provisions of this section. E. The Contractor is not required to collect infectious medical waste, as defined in Section 25117. 5 of the California Health and Safety Code. Institutions producing and storing such wastes and any person handling or disposing of such material shall do so only in the manner approved by the County Health Officer or their designee and in accord with provisions of the California Health and Safety Code. Such activity is exempt from the provisions of this section. F. Individual residents and City-recognized nonprofit organizations may collect recyclable materials including, but not limited to, glass, newspaper, aluminum, and cardboard for approved ortransport to a City- City- recognized recycling center, subject to the following restrictions: 1. Collection of recyclables by residents is limited to premises owned, occupied, or controlled by such persons. 2. This provision does not apply to recyclable building materials generated by the repair, demolition, or construction of buildings, the rights to collection of which shall remain with the Contractor or its designated subcontractor. G. An entity described in California Public Resource Code Section 40059. 4 may contract to haul solid waste meeting all of the requirements of Subsection 40059. 4( b), provided that the hauler has a City of Vista Business License and complies with the requirements of Sections 13. 16. 160, 13. 16. 170, 13. 16. 340, and 13. 16. 350 of this chapter. Prior Code 13- 11; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 120 Solid Waste Containers - Type and Construction

It is the duty of all occupants to provide containers for the accumulation and disposal of solid waste as follows: A. Residential Occupancies 1. Residential Solid Waste. The Contractor shall provide one ( 1) waste disposal cart per dwelling unit for the storage of rubbish or garbage as herein defined. Two ( 2) additional waste disposal carts may be rented by a resident, if such resident generates more than 95 gallons of municipal solid waste weekly, for a monthly fee determined by the Contractor. Residents may not co- mingle either recyclables or green waste with municipal solid waste. Material placed outside the cart will not be collected by the Contractor. 2. Residential Recyclables. The Contractor shall provide one ( 1) recycling cart per dwelling unit for the storage and disposal of recycling material as defined by the Contractor. The carts provided will be either 35- gallon or 65- gallon in capacity. Residents may request two ( 2) additional recycling carts at no additional charge. Recycling material that may be stored for weekly collection include: glass bottles and jars, aluminum and steel cans, plastic beverage containers, all plastic containers marked with a 1- 7 recycling symbol on the bottom of the container, cardboard, cardboard food containers ( cartons), newspaper, mixed paper, block Styrofoam and other materials designated as recyclable by the Contractor. Residents may not co- mingle rubbish, garbage, or green waste with recycling materials. Material placed outside the cart will not be collected by the Contractor. 3. Residential Green Waste. The Contractor shall provide one green waste disposal cart per dwelling unit for the storage of green waste or other organic material as required by the Contractor. The carts provided will be 35-gallon, 65-gallon or 95- gallon in capacity depending on the individual need of the residence. Residents may request up to two (2) additional green waste carts at no additional cost. Additional green waste disposal carts may be rented by a resident, if such resident generates more than 285 gallons of green waste weekly, for a monthly fee determined by the Contractor. Green waste material that may be stored for weekly collection include: grass clippings, weeds, brush, tree trimmings, leaves, flowers and other materials that may be designated as recyclable by the Contractor. Residents may not co- mingle rubbish, garbage or recyclables with green waste. The use of plastic bags for the storage or disposal of green waste is prohibited. Material placed outside the cart will not be collected by the Contractor. Prior Code 13- 12; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2002- 12, Amended, 03/ 26/ 02; Ord. No. 2014- 11, Amended 6/ 24/ 14; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 130 Solid Waste Containers - Volume/ Weight Limitations

The following volume/weight restrictions apply to solid waste and solid waste containers placed for collection by the Contractor: A. Residential Occupancies. 1. The following limitations shall apply: a. Weight of Container: The container weight may not exceed the maximum weight as defined by the cart manufacturer and stamped on the lid of the cart. The Contractor has no obligation to serve an overweight cart. b. Volume of Container: Residents may not overload the container and are required to close all lids prior to the collection of the cart. Material sticking outside the top of the cart is overloaded and the Contractor has no obligation to service an overloaded cart. The Contractor is not obligated to collect any material that is placed outside of the cart on collection day. Prior Code 13- 13; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2002- 12, Amended, 03/ 26/ 02; Ord. No. 2014- 11, Amended 06/ 24/ 14; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 140 Special Methods of Collection and Disposal

A. The removal of wearing apparel, bedding, or other solid waste from homes,

hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed at the occupant's expense, under the supervision and direction of the County Health Officer and such solid waste shall neither be placed in solid waste containers nor left for regular collection and disposal. B. Highly inflammable or explosive or radioactive refuse shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the Fire Chief, or the Fire Chief' s designee at the expense of the owner or possessor of the material. C. Hazardous waste as defined in Section 13. 16. 020, shall not be placed in refuse containers or left for regular collection and disposal. Such items shall be removed at the occupant' s expense only after arrangements have been made with the City or its agent for such removal. D. Solid waste containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle. E. Animal waste, as defined in Section 13. 16. 020, shall not be placed in containers, or receptacles for regular collection and disposal, but shall be removed at the occupant' s expense. Prior Code 13- 14; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2014- 11, Amended 6/ 24/ 14; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 150 Placement of Containers for Collection

It is the duty of all occupants to set out containers for the collection of solid waste as

follows: A. Location. 1. Residential Occupancies. All solid waste containers shall be placed at the curb on the nearest public street fronting the premises occupied by the person depositing the same, there to be collected by the Contractor; provided that the Contractor may designate some other location for the placement of containers when such placement will expedite collection. 2. Business and Multiple Dwelling Occupancies. All solid containers shall be placed within a permanently constructed trash enclosure, when available on premises. Should such enclosure not exist and not be required by law, the Contractor shall designate some other freely accessible location to expedite collection; provided that placement of containers at such alternative location does not result in a hindrance to vehicle movement nor constitute a visual

nuisance. B. Restrictions on Time of Placement. It is unlawful to place or permit to remain any solid waste containers on the curbings, parkways, or sidewalks of any public street before 4:00 p. m. on the day prior to collection, or after 6:00 p. m. on the day following collection, after materials have been removed or collected. C. Generally. All occupants shall maintain supervision and surveillance over solid waste containers on their premises and shall maintain the same in a sanitary manner. Should containers be placed for collection as required above and not be emptied on the date scheduled by the Contractor, they should immediately notify the Contractor, whose duty it is to arrange for the collection and disposal of such solid waste forthwith. Prior code 13- 15; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 160 Transporting Vehicles - Body Requirements

No person shall collect, remove, transport, or carry solid waste over the public streets of

the City except in vehicles having a metallic-lined, watertight body. Prior Code 13- 16; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 170 Transporting Vehicles - Covering When Not in Use

When not actually collecting solid waste, the body of the vehicle used to collect such material shall be covered with a tight-fitting tarpaulin or other suitable covering to eliminate offensive odors, flies, leakage, or loss of solid waste. Prior Code 13- 17; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 180 Unlawful Transportation through Public Streets

It is unlawful for anyone other than the Contractor pursuant to this chapter or those

persons as specifically permitted in this chapter to carry or transport solid waste in any manner or amount within the City on or through any public street in the City. Prior Code 13- 18; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 190 Unlawful to Place Infectious or Hazardous Waste in Solid Waste Containers

It is unlawful for any person to place in any solid waste container for collection pursuant

to this chapter, operable hypodermic needles, drugs, poisons, or any infectious waste material, liquid or dry caustics, or acids, bio-hazardous, radioactive, flammable or explosive materials, insecticides, or any other hazardous waste as defined in this chapter. Such materials may be ( i) collected only by the Contractor, its subcontractor, or as provided in Section 13. 16. 110 of this chapter, and in the manner specified in Section 13. 16. 140 of this chapter; or ( ii) personally delivered by the Owner or Generator for self-disposal at a licensed hazardous waste disposal facility. Prior Code 13- 19; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 200 Unsafe or Offensive Accumulation of Solid Waste Prohibited

It is unlawful for any person to permit the accumulation of solid waste to become or remain

offensive, unsightly, unsafe to the public health or hazardous from fire. Prior Code 13- 20; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 210 Interference with Solid Waste Containers Prohibited

No person shall interfere with or disturb any solid waste container, or remove the same

from where it has been placed for collection by its owner without having a written contract with the City to collect and dispose of solid waste. Prior Code 13- 21; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 220 Spilling of Solid Waste Prohibited

No person, including the Contractor authorized to collect solid waste, shall place, sweep,

spill or permit solid waste to fall upon any private grounds or public streets within the City. Prior Code 13- 22; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 230 No Parking of Loaded Trucks Overnight

No person shall leave trucks or other transport loaded with solid waste parked for over a

twenty-four-hour period on City streets. Prior Code 13- 23; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 240 Franchise Agreement between Contractor and City

A. Contracts or franchise agreements executed to provide for solid waste disposal

shall conform to the terms of this chapter. B. Provisions of this chapter do not preempt or negate terms of the franchise agreement for solid waste collection and disposal services currently existing between the City and the Contractor, unless such provisions of this chapter specifically conflict with terms of said agreement. All terms of the franchise agreement not in specific conflict with this chapter are saved from repeal and are continued in full force and effect. Prior Code 13- 24; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 250 Contract Authority - Bond Required

The City Council has the power to let contracts for the removal, transportation and disposal

of solid waste as provided in this chapter, and may, as a condition of granting such contracts, require a bond from any contractor, the amount of which shall be determined by the City Attorney and set forth in the franchise agreement. Prior Code 13- 25; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 260 Indemnification to City

Any grantee shall indemnify the City, its officers, and its employees against all claims,

demands, actions, suits, and proceedings resulting from the actions or operations of the Contractor under terms of the franchise agreement by filing with the City Clerk, certificates of liability insurance, property damage insurance, workers compensation insurance or other instrument( s) acceptable to the City Attorney and set forth in the franchise agreement. Prior Code 13- 26; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 270 Basis for Letting

In letting contracts authorized by this chapter, the City Council is not required to let

contracts to the lowest bidder, but is free to let such contracts to the person deemed best fitted to comply with the terms of this chapter and the contract. Prior Code 13- 27; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 280 Authority to Terminate, Relet Contract

Should the Contractor fail or refuse to comply with the conditions of this chapter and of its contract to remove, transport, and dispose of solid waste and the Contractor has been given written notice of noncompliance by the City Manager and the Contractor has further been given 30 days to correct such deficiencies, the City Council may, at its option and after a hearing, of which the Contractor shall have ten days written notice, terminate the contract and let the contract to another contractor deemed more capable of carrying out its terms. Prior Code 13- 28; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

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Section 13. 16. 290 Assignment or Transfer of Rights

No assignment or transfer of any right conferred by contract shall be made in whole or in

part by the Contractor without express written consent of the City. Should any assignment or transfer be authorized by the City Council, the assignee shall assume the liability and such other obligations of the contractors as may be related to the service performed. Prior Code 13- 29; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 300 Solid Waste Collection, Spillage and Cleanup

The Contractor shall exercise all reasonable care and diligence in collecting solid waste

to prevent spilling, scattering, or dropping of solid waste, and shall at the time of occurrence clean up any spillage. Prior Code 13- 30; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 310 Solid Waste Disposal

The Contractor shall dispose of collected waste, at Contractor' s expense, at an

authorized solid waste facility in a manner satisfactory to the City and in accordance with all state and local laws and regulations. Prior Code 13- 31; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 320 Collection from Public Parks and Government Buildings

The Contractor shall without charge, collect solid waste from City-controlled public parks,

playgrounds, City government buildings, and other City-controlled facilities, from the receptacles in which the same is confined, and any receptacle in the business district belonging to the City, on a service frequency and day(s) of collection to be determined by the City Manager. Prior Code 13- 32; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 330 Contractor Participation in Special Cleanup Activities

The Contractor shall participate with the City in any annual cleanup activity upon request of the City Manager as may be necessary to supplement the City' s available manpower and equipment resources, and shall otherwise cooperate with the City Manager in resolving special disposal related problems. Prior Code 13- 33; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 340 Vehicle Compliance with Codes and Regulations

The Contractor' s trucks shall comply with the regulations as set forth in the California

Motor Vehicle Code, San Diego Air Pollution Control District, all other applicable California codes and regulations, and this chapter. Prior Code 13- 34; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 350 Compliance with Local and California Laws and Regulations

The Contractor shall operate in such a manner as to comply with all applicable local and

state laws and regulations pertaining to the collection, storage, and transportation of solid waste. The Contractor shall also comply with all other ordinances and regulations of the City and

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applicable laws and regulations of the County of San Diego and State of California, and shall obtain and keep in force all required permits and business licenses. Prior Code 13- 35; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 360 Continuance of Service in the Event of Nonpayment

In the event of nonpayment for collection service rendered to any person, the Contractor

shall continue to provide such service, subject to reimbursement as provided in Section 13. 16. 410 of this chapter. This section does not apply to special collection services. Prior Code 13- 36; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 370 Establishment of Charges

For the solid waste collection services described in this chapter, and for the making

available of such services, there shall be charged to each Generator the sums necessary to cover the costs of such services, as such sums may be established pursuant to the City' s contract with the Contractor. This section shall not apply to the CMTC Service Charge established in Section 13. 16. 520 of this chapter. Prior Code 13- 37; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 380 Basis for Charges

All charges provided for in this chapter shall be fair, reasonable, and consistent with the

scope of services rendered by the Contractor, as described and required by this chapter. Prior Code 13- 38; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 390 Liability for Payment

The obligation to pay the charges provided in this chapter is upon the Owner of the dwelling or business so served. Nothing in this section, however, shall prevent an arrangement or the continuance of an arrangement under which payments for solid waste collection services are made by a tenant or tenants, or any agent, on behalf of the Owner; provided, any such arrangement shall not affect the Owner' s obligation for payment of said charges for services

rendered. Prior Code 13- 39; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 400 Direct Bill by Contractor and Payment to Contractor

Contractor shall direct bill all Generators and all charges billed for solid waste collection

services, pursuant to Section 13. 16. 360 of this chapter, shall be paid directly to the Contractor. Prior Code 13- 40; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 410 Failure to Pay Contractor for Solid Waste Collection

A. An account is deemed delinquent if payment for collection services has not been

received within 15 days after the last day of the normal billing period for which service was rendered. Upon determination of delinquency, the Contractor shall give written notice to the delinquent account holder and the Owner that the bill, including service fees and delinquency charges, is now overdue and payable in full and shall attempt to collect payment through all available means, within 30 days of the date of such notice.

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B. Provided adequate arrangements for payment have been made between the contractor and delinquent account holder within 60 days of the end of the earliest unpaid billing period, the Contractor may tender the total unpaid bill amount to the City Manager for payment by the City. The tender shall provide all pertinent data including the name and address of the delinquent account holder and the Owner, address and parcel number of the property billed, dates of the period of service unpaid, amount due and certification that the billing procedures pursuant to Subsection A of this section, has been fulfilled. C. The delinquent bill presented by the Contractor to the delinquent account holder and the Owner pursuant to Subsection A of this section, shall include a written notice warning that nonpayment within 60 days of the end of the earliest unpaid period may result in tender of the debt to the City for payment, and that this may result in collection efforts by the City and the recordation of a lien against the property to which service was rendered. D. Upon receipt of tender of the debt, the City Manager, or the City Manager's designee, shall advise the delinquent account holder and the Owner in writing of the tender, and that 30 days' notice is given to permit payment of the debt to the City to avoid a special assessment against the real property in the amount of the debt. E. Debts tendered to the City shall be paid to the Contractor on a quarterly basis as they are collected by the City. Prior Code 13- 41; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2013- 3, Repealed 4/ 23/ 13; Ord. No. 2019- 12, Added 9/ 10/ 19)

Section 13. 16. 420 Special Assessment Collection

A. The City Manager may initiate proceedings to make delinquent solid waste collection debts a special assessment against the real properties for which such debts were tendered to the City for payment. B. A report of delinquent charges shall be transmitted to the City Council, which shall fix a time, date, and place for hearing the report and any protests or objections thereto. C. The City Council shall cause notice of hearing to be mailed to the owner of real property to which service was rendered not less than ten days prior to the date of hearing. At the time fixed for said hearing, the City Council shall hear any objections of the owner liable to be assessed for delinquent accounts. The City Council may make such revisions to the report as it deems just and if satisfied with the correctness of the report as submitted or revised shall confirm or reject it by resolution. The decision of the City Council on the report and on all protests or objections thereto are final and conclusive. D. Upon confirmation of the report by the City Council, the delinquent charges contained therein shall constitute a special assessment against the property and shall be forwarded to the San Diego County Auditor as provided by sections 39580 through 39586, inclusive, of the Government Code of the State of California, to be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and procedure of sale as provided for delinquent, ordinary real property taxes. The assessments are subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it has parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to such special assessments. E. The City Clerk may accept payment of any amount due at any time prior to the City Council hearing, as called for in Subsection C. F. There is created in the general fund an account entitled " Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such delinquencies as are collected by the County Tax Collector or otherwise collected for release of

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lien remitted to the City. The City will, in turn, debit the account for payment to the contractor of tendered debts. Prior Code 13- 42; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2013- 3, Repealed 4/ 23/ 13; Ord. No. 2019- 12, Added 9/ 10/ 19)

Section 13. 16. 430 Duties Regarding Collection and Removal

A. The City Manager shall have the authority to administer the contract which provides for the collection and removal of solid waste and shall approve routes and days for such activities, as proposed by the Contractor in accordance with provisions of this chapter. B. The City Manager shall have the authority to act on behalf of the City to effect changes in routes and days of collection in cooperation with the Contractor, contingent upon notice to all affected thereby, in a manner deemed most appropriate by the City Manager. Prior Code 13- 43; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 440 City Manager to Settle Controversies

The City Manager is authorized and empowered to negotiate and settle any charge

required or made under the contract between the City and the Contractor. Prior Code 13- 44; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 450 City Manager to Regulate and Approve Vehicles and Methods of Hauling

The type and construction of vehicles transporting or carrying solid waste over public

streets and the method of hauling solid waste in vehicles is subject to the regulation and approval of the City Manager. Prior Code 13- 45; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 460 Making of Rules and Regulations

The City Manager shall have the authority to make other reasonable rules and regulations

concerning individual collection, transportation and disposal of solid waste over City streets by the Contractor, subcontractors, other contractors, and private persons, as are found necessary. Prior Code 13- 46; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 470 Notice of Violation

The City Manager is authorized and empowered to notify the owner, their authorized

representative or the lawful occupant of any premises described in this chapter, of violations of this chapter, and of the corrective steps necessary to conform to this chapter. Notice shall be given in writing and may be made to any person held responsible under this section by mail or hand delivery. Prior Code 13- 47; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 480 Violations of Certain Sections - Infraction

Except as provided in Section 13. 16.490, any violation of this chapter is unlawful and

constitutes an infraction, punishable according to the provisions of Section 1. 16. 010 of this code. The third infraction within a 12 month period constitutes a misdemeanor. Prior Code 13- 48; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

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Section 13. 16. 490 Violations of Section 13. 16. 190 - Misdemeanor

Disposal of infectious or hazardous waste, in violation of Section 13. 16. 190 of this chapter, is unlawful and a misdemeanor, punishable as provided in Section 25189 of the California Health and Safety Code. Prior Code 13- 49; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86)

Section 13. 16. 500 California Mandated Trash Clean- Up Revenue Fund

A California Mandated Trash Clean- Up ( CMTC) Fund of the City is hereby established.

The purposes of the CMTC Fund is to provide for the operation, maintenance, construction or reconstruction, replacement costs, and debt service expense, and retirement, if any, for the control, collection, and disposal of solid waste, excluding green waste, not placed in a proper solid waste container, prior to entering surface waters. All revenues received from service charges and other revenues not specifically allocated to other funds shall be deposited initially to the CMTC Revenue Fund. Prior Code 13- 50; Ord. No. 86- 4, Repealed and Replaced 1/ 28/ 86; Ord. No. 2019- 12, Amended 9/ 10/ 19)

Section 13. 16. 510 California Mandated Trash Clean- Up Capital Fund

The California Mandated Trash Clean- Up ( CMTC) Capital Fund is hereby established.

The purposes of the CMTC Capital Fund is to provide for the construction or reconstruction, installation, repairs and replacement of existing capital facilities, equipment, and appurtenances necessary for the control, collection, and disposal of solid waste, excluding green waste, not placed in a proper solid waste container, prior to entering surface waters. Transfers to the CMTC Capital Fund shall be authorized from revenues received in the CMTC Revenue Fund, including portions of the CMTC Service Charges, as directed by the City Council with approval of the budget. The City Council may transfer such additional funds to the CMTC Capital Fund as it deems prudent or necessary from any available sources in such amounts as the City Council shall determine. Ord. No. 2019- 12, Added 9/ 10/ 19)

Section 13. 16. 520 California Mandated Trash Clean- Up Service Charge

There is hereby levied upon every solid waste Generator within the City limits of the

City of Vista a mandated trash clean- up service charge known as the CMTC Service Charge. Revenues derived from CMTC Service Charges may be used for the operation, construction or reconstruction, maintenance, repair, including debt service payment, and enforcement of regulation for the control, collection, and disposal of solid waste not placed in a proper solid waste container, prior to entering surface waters in the City of Vista. Ord. No. 2019- 12, Added 9/ 10/ 19)

Section 13. 16. 530 California Mandated Trash Clean- Up Adoption of Rates

The City Council shall by resolution, from time to time, establish the CMTC Service

Charge upon each solid waste Generator based upon the actual or imputed type and size of the Generator' s containers and the frequency of collection. Ord. No. 2019- 12, Added 9/ 10/ 19)

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Section 13. 16. 540 California Mandated Trash Clean- Up Method of Collection

The CMTC Service Charge shall be collected by the City' s Contractor and remitted to

the City as provided in the City' s contract with the Contractor. Ord. No. 2019- 12, Added 9/ 10/ 19)

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Chapter 13. 17

Construction and Demolition Debris Recycling

Sections:

13. 17. 010 Definitions
14. 17. 020 Construction and Demolition Debris Diversion Requirements
15. 17. 030 Submission of Waste Management Plan
16. 17. 040 Review of Waste Management Plan
17. 17. 050 Compliance with Waste Management Plan
18. 17. 060 Exemption
19. 17. 070 Administrative Penalty
20. 17. 080 Enforcement

Section 13. 17. 010 Definitions

For the purposes of this Chapter 13. 17, the following definitions shall apply: A. " Administrative Penalty" means any penalty or fine assessed to an applicant pursuant to Section 13. 17. 070 of this chapter. B. " Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private for profit or non- profit corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the city. C. " City Sponsored Project" means any project where the improvements are or will be upon completion owned by the City. D. " Construction" means the building of any improvement or any portion thereof including any tenant improvements to an existing facility or structure. E. " Construction and Demolition Debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure. F. " Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan. G. " Covered Project" shall have the meaning set forth in Section 13. 17. 020 of this chapter. H. " Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling. I. Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. J. Divert" means to use construction or demolition debris for any purpose other than disposal in a landfill or transformation facility. K. " Diversion Requirement" means the redirection of at least 50 percent of the total Construction and Demolition Debris generated by a project via reuse or recycling, unless the Applicant has been granted an Exemption pursuant to Section 13. 17. 060 of this chapter, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.

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L. Final Building Approval" means acceptance by the City that all requirements and conditions of the project have been met. M. " Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City. N. " 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. O. " Remodel" means any change, addition, or modification in an existing structure. P. " Renovation" means any change, addition, or modification in an existing structure. Q. " Reuse" means further or repeated use of Construction or Demolition Debris. R. " Salvage" means the controlled removal of Construction or Demolition Debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. S. " Total Costs" means the total construction value of the project as calculated by the Community Development Department using the City' s standard commercial and residential valuation formulas. T. " Waste Management Plan" ( also referred to as " WMP") means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the Applicant for any Covered Project. U. " WMP Compliance Official" means the staff person( s) designated by the Director of Engineering/ Public Works authorized and responsible for implementing this chapter. V. " WMP Review Fee" means the fee for processing WMP applications as adopted by the City Council by resolution, if any. W. " WMP Report" means the final calculation of construction and demolition debris diversion for the project as described in Section 13. 17. 050. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 020 Construction and Demolition Debris Diversion Requirements

All construction, renovation, and remodel projects within the city, including City sponsored projects, with a total project value equal to or greater than $ 75, 000, as calculated for purposes of receiving a Vista building permit, and all demolition projects shall be considered Covered Projects" and shall comply with this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of penalty and enforcement mechanisms set forth in Sections 13. 17. 070 and 13. 17. 080 below. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. Failure to include such a condition shall not relieve the project applicant from complying with this chapter. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 030 Submission of Waste Management Plan

A. WMP Forms: Applicants for a plan check involving any covered project shall

complete and submit a Waste Management Plan (" WMP") on a form approved by the City for this purpose before a building or demolition permit may be issued and be required to pay a WMP Review Fee, if any. The WMP shall be submitted for review with the first plan check of an individual project or at the first check of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following:

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materials type, to be 1. Estimated weight of project C& D debris, by

generated; 2. Maximum weight of such materials that can feasibly be diverted via reuse or recycling; 3. Vendor or facility that the applicant proposes to use to collect or receive that material; 4. Estimated weight of C& D materials that will be landfilled; and 5. Total square footage of the project. B. Calculating Weight of Debris: In estimating the weight of materials identified in the WMP, the applicant shall use the standardized Conversion Rates approved by the WMP Compliance Official for this purpose. C. Deconstruction: In preparing the WMP, applicants for a plan check involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to sending to a landfill. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 040 Review of Waste Management Plan

A. Approval: Notwithstanding any other provision of this code, no plan check shall be approved for any covered project unless and until the WMP Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition, as determined by the WMP Compliance Official, is required to protect public health or safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met: 1. WMP provides all of the information set forth in Section 13. 17. 030 of this

chapter: and 2. WMP must indicate that at least 50 percent of all C& D debris generated by the project will be diverted. If the WMP Compliance Official determines that all of the above conditions have been met, he or she shall mark the WMP "Approved" and notify the Community Development Department that the WMP has been approved. B. Nonapproval: If the WMP Compliance Official detennines that the WMP is incomplete or fails to indicate that at least 50 percent of all C& D debris generated by the project will be reused or recycled, he or she shall either: 1. Contact the applicant to discuss the WMP, make recommendations for additional diversion, and obtain and note verbal confirmation from the applicant of changes to the WMP that would meet the requirements of this chapter, or; 2. Return the WMP to the applicant marked " Denied", including a statement of reasons, and so notify the Community Development Department, which shall withhold permit issuance until the WMP is resubmitted and approved, or; 3. Return the WMP to the applicant marked " Further Explanation Required." Notwithstanding any other provision of this code, the decisions of the WMP Compliance Official with regard to this section shall be final. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 050 Compliance with Waste Management Plan

A. Documentation: Prior to Final Building Approval the applicant shall submit to the

WMP Compliance Official documentation that it has met the Diversion Requirement for the project. If the applicant does not submit the required documentation he or she may be subject to an Administrative Penalty or enforcement action as described in Sections 13. 17. 070 and

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13. 17. 080 of this chapter. The Diversion Requirement shall be that the applicant must divert at least 50 percent of the total C& D debris generated by the project via reuse or recycling. Provided, however, that an applicant granted an exemption pursuant to Section 13. 17. 060 of this chapter shall be required to comply with the maximum feasible diversion rate established by the WMP Compliance Official for that project. The documentation for compliance shall include all of the following: 1. Copies of receipts from the vendor or facility which collected or received

each material showing the actual weight of that material. 2. A copy of the previously approved WMP for the project adding the actual weight of each material diverted and landfilled. 3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. B. Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all C& D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C& D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C& D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City for this purpose. C. Determination of Compliance and Assessment of an Administrative Penalty: The WMP Compliance Official shall review the information submitted under Sections 13. 17. 030 and 13. 17. 040 of this chapter and determine whether the applicant has complied with the Diversion Requirement, as follows: 1. Full Compliance: If the WMP Compliance Official determines that the applicant has fully complied with the Diversion Requirement applicable to the project, he or she shall approve the final WMP Report. 2. Good Faith Effort to Comply: If the WMP Compliance Official determines that the Diversion Requirement has not been achieved, he or she shall determine on a case- by- case basis whether the Applicant has made a good faith effort to comply with this Chapter 13. 17. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C& D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C& D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with this Chapter 13. 17, he or she may approve the final WMP Report or assess an Administrative Penalty as described under Section 13. 17. 070 of this chapter. Any penalty assessed must be paid to the City prior to final building approval. 3. Noncompliance: If the WMP Compliance Official determines that he applicant has not made a good faith effort to comply with this Chapter 13. 17, or if the applicant fails to submit the documentation required by 13. 17. 050 ( A) of this chapter, then the applicant may be assessed an Administrative Penalty as described under Section 13. 17. 070 of this chapter and/ or be prosecuted for a criminal violation under Section 13. 17. 080 of this chapter or use any other legal remedy which may be available. Any penalty assessed must be paid to the City prior to final building approval. 4. The WMP Compliance Official upon determining non- compliance with this chapter shall notify the applicant of the WMP Report findings. The notice shall be in writing and shall identify the specific noncompliance with the WMP by the applicant and inform the applicant appeal the decision of the WMP Compliance Official. Thethat it has a right to a hearing to applicant' s request for a hearing must be made in writing and received by the WMP Compliance Official no later than the City' s close of business on the seventh calendar day from the mailing date ( as determined by postmark) of the non- compliance notice. A hearing shall be held no earlier than ten calendar days and no later than 30 calendar days following the receipt by the

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WMP Compliance Official of the written request for hearing. The City Manager or his or her designee shall serve as the hearing officer. The applicant shall be permitted to submit evidence. The rules of evidence shall not apply. The hearing officer may consider any relevant evidence. The applicant shall not be entitled to cross- examine any witnesses. The applicant shall be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this Municipal Code ( including Section 13. 17. 010) the decision of the hearing officer shall be final. If the hearing officer determines that the applicant has failed to comply with the WMP as required by 13. 17 . 050 A of this chapter, then the applicant may be assessed an Administrative Penalty as described under Section 13. 17. 070 of this chapter and be prosecuted for a criminal violation under Section 13. 17. 080 of this chapter or use any other legal remedy which may be available. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 060 Exemption

A. Application: If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the Diversion Requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 13. 17. 030 of this chapter. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the Diversion Requirement. with WMP Compliance Official: The WMP Compliance Official shall B. Meeting review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the Diversion Requirement. C. Granting of Exemption: the WMP Compliance Official shall issue an infeasibility exemption if he or she can make one or more of the following findings: 1. That circumstances exist which are unique to the project to the effect that compliance with the provisions of this chapter would create an unusual burden on the project which is different than that of similarly situated properties; or 2. That for a specific project compliance with this chapter would result in minimal or no increase in recycled materials or reduction in waste stream; or 3. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated. If the WMP Compliance Official is able to make one or more of the above findings for a project he or she may excuse the project from compliance with this chapter or determine the maximum feasible reduced diversion rate for each material and shall indicate this rate on the WMP submitted by the Applicant. The WMP Compliance Official shall return a copy of the WMP to the applicant marked " Approved for Exemption" and shall notify the Community Development Department that the WMP has been approved. D. Denial of Exemption: If the WMP Compliance Official is unable to make any of above he or she shall so inform the applicant in writing. Thethe findings required by " C" applicant shall have 30 days to resubmit a WMP form in full compliance with Section 13. 17. 030 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 13. 17. 030 of this chapter, the WMP Compliance Official shall deny the WMP in accordance with Section 13. 17. 050 of this chapter. Notwithstanding any other provision of this code the determination of the WMP Compliance Officer shall be final. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

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Section 13. 17. 070 Administrative Penalty

Any applicant who does not comply with any requirement of this chapter may be

assessed an Administrative Penalty for non- compliance. The amount of the penalty assessed may be up to $ 1, 000. The WMP Compliance Official upon determining non- compliance with this chapter shall notify the applicant of the penalty assessed against it. The notice shall be in writing and shall identify the amount of the penalty assessed, the specific noncompliance for which the penalty is being assessed and inform the applicant that it has a right to a hearing to appeal the validity or amount of the assessed penalty pursuant to Section 13. 17. 050( C)( 4). The applicant' s request for a hearing must be made in writing and received by the WMP Compliance Official no later than the City' s close of business on the seventh calendar day from the mailing date ( as determined by postmark) of the penalty notice. A hearing shall be held no later than ten days following the receipt by the WMP Compliance Official of the written request for hearing. officer. The applicant shallThe City Manager or his or her designee shall serve as the hearing be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this Municipal Code ( including Section 13. 17. 010) the decision of the hearing officer shall be approval.final. Any penalty assessed must be paid to the City prior to final building Nothing in this chapter precludes the use of any other type of enforcement if administrative fines are imposed under this section. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

Section 13. 17. 080 Enforcement

Any person responsible for violation of any provision of this chapter shall be guilty of a

misdemeanor. Nothing in this chapter shall preclude the City from initiating a civil action to enforce the provisions of this chapter. If the City shall prevail in any such civil action it shall be entitled to attorney fees. Ord. No. 2006- 19, Enacted 10/ 10/ 06)

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Chapter 13. 18

Stormwater Management and Discharge Control Program

Sections:

13. 18. 010 Title
14. 18. 020 Purpose
15. 18. 030 Definitions
16. 18. 040 General Provisions
17. 18. 045 Watercourse Protection
18. 18. 050 Discharge Prohibitions
19. 18. 060 Exemptions to Discharge Prohibitions
20. 18. 070 BMP Requirements for All Dischargers
21. 18. 080 BMP Requirements for Land Disturbance Activity
22. 18. 090 BMP Requirements for Land Development and Redevelopment Projects
23. 18. 100 Maintenance of BMPs
24. 18. 110 Inspection and Sampling
25. 18. 120 Enforcement Authority
26. 18. 130 Other Acts or Omissions
27. 18. 140 Penalties
28. 18. 150 Severability

Section 13. 18. 010 Title

This Chapter shall be known as the " Stormwater Management and Discharge Control

Ordinance." Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 020 Purpose The purposes of this Chapter are as follows: A. To establish requirements for discharges into the Municipal Separate Storm Sewer System ( MS4), receiving waters, and the environment. B. To protect, to the maximum extent practicable ( MEP), life, property, receiving waters, aquatic life, and the environment from loss, injury, degradation, or damage by discharges from within the City' s jurisdiction. C. To protect the MS4 from damage. D. To meet the requirements of state and federal law and the City of Vista' s ( City's) MS4 Permit. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 030 Definitions When used in this Chapter and reference documents ( including the Stormwater Standards Manual), the following definitions shall have the meanings given by this Section, whether or not these words or phrases are capitalized: Advanced Treatment" means using mechanical or chemical means to flocculate and remove suspended sediment from runoff from construction sites prior to discharge.

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Authorized Enforcement Staff" means any City employee or contractor hired by the City who is assigned to duties involving permits and other City approvals, inspections, or enforcement related to this Chapter. Authorized Enforcement Official" means the City Manager or his/ her designee who is responsible for enforcing the provisions of this Chapter. Best Management Practices" or " BMPs" are the schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the " MS4". Best Management Practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. Channel" means natural or improved watercourse with a definite bed and banks that conveys continuously or intermittently flowing water. City" means the City of Vista. Contamination" as defined in the Porter- Cologne Water Quality Control Act, is " an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected." County" means the County of San Diego. Developer" is a person who seeks or receives permits for or who undertakes land development activities. Development Project Proponent" refers to Developer. Direct Discharge" means stormwater or non- stormwater that enters receiving waters from a facility or activity, without mixing with any stormwater or non- stormwater from another facility or activity prior to entering such receiving waters. Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non- stormwater to directly or indirectly enter the " MS4" or receiving waters, from an activity or operations, which one owns or operates. When used as a noun, discharge means the pollutants, stormwater and/ or non- stormwater that is discharged. Discharger" is any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering stormwater, the" MS4", or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way. Erosion" refers to any process in which land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris ( silt or sediment) becomes a pollutant via storm water runoff. Erosion occurs naturally but can be intensified by land- clearing activities such as farming, development, road building, and timber harvesting. Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated. Illegal Connection" means a pipe, facility, or other device connected to the " MS4" or receiving waters, which has not been authorized by the City; or a permitted/ authorized pipe, facility, or other device, which conveys illegal discharges. Illegal Discharge" is any discharge into the MS4 or receiving waters that is prohibited by this Chapter. This includes, but is not limited to, discharges of non- stormwater that are not exempt discharges listed in Section 13. 18. 060, discharges of irrigation runoff to the " MS4", any discharge from an illegal connection, and any discharge that contains additional pollutants due to

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the absence of a required BMP or the failure of a BMP. Discharges that require a City permit or an RWQCB permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES Permit are illegal discharges for purposes of this Chapter, unless compliance with all applicable permit and SWPPP conditions are maintained. Impaired Water Body" is a water body that is listed by the " RWQCB" and " SWRCB" as impaired by a particular pollutant or pollutants, pursuant to Section 303( d) of the Federal Clean Water Act. " 303( d)- Listed Water Body" has the same meaning. Impervious Cover or Impervious Surface" refers to constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. Impervious Surface Area" means the ground area covered or sheltered by an impervious surface, measured in plan view ( i. e., as if from directly above). For example, the impervious surface area for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. Industrial Stormwater Permit" is the State General Industrial Stormwater Permit. Land Development Activity" is any activity or proposed activity that requires any of the permits or approvals listed in Section 13. 18. 040. 0 of this Chapter. Land Disturbance Activity" is any activity that moves soils or substantially alters the pre- existing vegetated or man- made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed, including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities ( i. e., land disturbances) required to protect public health and safety. Land Owner" is the holder of legal title to the land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long term lease. Maintenance of a BMP" refers to the regular action taken to maintain the as- designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. Maximum Extent Practicable" " MEP" is an acceptability standard for Best Management Practices ( BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that are still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if: it complies with other regulations as well as stormwater regulations; is compatible with the area' s land use, character, facilities, and activities; is technically feasible considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. MS4 Permit" refers to RWQCB Order No. R9- 2013- 0001, NPDES Permit No. CAS0109266, as may be amended. Municipal Separate Storm Sewer System" or " MS4" means a conveyance or system of conveyances ( including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, or storm drains): ( i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body ( created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under Section 208 of the CWA that discharges to

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waters of the United States; ( ii) Designated or used for collecting or conveying storm water; ( iii) Which is not a combined sewer; ( iv) Which is not part of the Publicly Owned Treatment Works POTW" as defined at 40 CFR 122. 26. Non- Storm Water Discharge" is any discharge to the Storm Water Conveyance System or " Receiving Waters" that is not composed entirely of stormwater. NPDES Permit" is a National Pollutant Discharge Elimination System permit issued by the U. S. Environmental Protection Agency, the " SWRCB", or the " RWQCB". Person" means any individual, corporation, partnership, organization, enterprise, or similar entity whether for profit or nonprofit. Pollutant" means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. Pollution" as defined in the Porter- Cologne Water Quality Control Act, is " the alteration of the quality of the waters of the State by waste, to a degree that unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. Premises" means any building, lot parcel, land or portion of land whether improved or unimproved. Priority Development Project" " PDP" refers to new development and redevelopment project categories as more fully set forth in Section E. 3. b of the MS4 Permit and in the" Stormwater Standards Manual." Public Nuisance" has the same meaning as in Vista Municipal Code Section 8. 36.030. Receiving Waters" refers to all waters that are " waters of the state" within the scope of the State Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean, and ground

water. Redevelopment" is the creation, addition, and or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road- widening, the addition to or replacement of a structure, and creation or addition of impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material( s) are removed, exposing underlying soil during construction. Redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways, new sidewalk construction, pedestrian ramps, or bike lane on existing roads; or routine replacement of damaged pavement, such as pothole repair. Runoff" means all flows in an MS4, including stormwater ( wet weather flows) and non- stormwater ( dry weather flows). RWQCB" means the California Regional Water Quality Control Board for the San Diego Region. State" means the State of California. State General Construction Stormwater Permit" refers to " NPDES" Permit No. CAS000002, as may be amended. State General Industrial Stormwater Permit" refers to NPDES Permit No. CAS000001, as may be amended. Stop Work Order" is an order issued which requires that specifically identified activity or all activity on a site be stopped. Storm Water Quality Management Plan" or" SWAMP" is a report that documents how a Priority Development Project complies with applicable BMP requirements for land development and redevelopment activities listed in the " Stormwater Standards Manual." Stormwater" refers to the surface runoff and drainage associated with storm events.

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Stormwater Management" is the use of structural or non- structural BMPs that are designed to reduce urban runoff pollutant loads, discharge volumes, and/ or peak discharge flow rates or velocities. When applied to the City, the County or another municipality, stormwater management also includes planning and programmatic measures. Stormwater Pollution Prevention Plan" " SWPPP" is a document that meets the requirements for an " SWPPP" set out in the State General Construction Stormwater Permit or State General Industrial Stormwater Permit. Stormwater Standards Manual" refers to the manual described in Section 13. 18. 040. B. Structural BMP" A subset of BMPs that detains, retains, filters, removes, or prevents the release of pollutants to surface waters from development projects in perpetuity, after construction of a project is completed. This subset of BMPs requires regular maintenance to function as designed. Structural Post- Construction BMP" is a structural BMP ( other than a temporary construction- related BMP) put in place in connection with a land development activity or redevelopment project to prevent or reduce contamination in stormwater or receiving waters, or to prevent or reduce erosion downstream from the project. SWRCB" means the State Water Resources Control Board. Watercourse" is a permanent or intermittent stream, creek, or other body of water, either natural or improved, which gathers or carries surface water. Water Pollution Control Plan" ( WPCP) is a document that describes the BMPs to be implemented by the Land Owner or Discharger to eliminate or reduce to the MEP discharges of pollutants to the MS4. A WPCP must include all measures necessary to comply with this Chapter and the Stormwater Standards Manual to the satisfaction of Authorized Enforcement Staff. A WPCP is typically shorter than an SWPPP. An SWPPP may be accepted in lieu of a WPCP at the discretion of Authorized Enforcement Staff. are defined as the beneficial uses ( e. g., swimming, fishing, Water Quality Standards" municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or the United States Environmental Protection Agency to protect those uses. Waters of the United States" are waters subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. ( In general, this includes navigable waters, waters tributary to navigable waters, and adjacent wetlands.) Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 040 General Provisions

A. Construction and Application. Interpretation of the meanings of parts of this Chapter shall assure consistency with the purpose and intent of this Chapter. This includes, but is not limited to, consistency with the requirements of the MS4 Permit. This Chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take

precedence. B. Stormwater Standards Manual. The Authorized Enforcement Official may establish a written description of the runoff management measures and programs, including minimum BMPs that the City will implement, or require to be implemented, to ensure compliance with this Chapter. These documents shall be known collectively as the Stormwater Standards Manual. Amendments to the Stormwater Standards Manual shall be approved by the Authorized Enforcement Official. The Stormwater Standards Manual shall have the same force and effect as

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the provisions of this Chapter, and a violation of the Stormwater Standards Manual shall constitute a violation of this Chapter and be subject to all remedies and penalties as exist for a violations of the provisions of this Chapter. A copy of the Stormwater Standards Manual, and all amendments thereto, shall be posted to the City' s website. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 045 Watercourse Protection

A. Every person owning or occupying property through which a natural watercourse of a stormwater conveyance system passes shall: 1. Keep and maintain that part of the watercourse within the property free of trash, debris and other materials that would pollute, contaminate, retard, or divert the flow of water through the watercourse or the MS4. 2. Maintain existing structures within or adjacent to such a watercourse so that those structures will not become a hazard to the use, function, or physical integrity of the watercourse or the MS4. 3. Not remove healthy bank vegetation beyond that necessary for maintenance, nor remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. 4. Not deposit in, plant in, or remove any material from a watercourse, including its banks, except as required for necessary maintenance. 5. Not construct, alter, enlarge, connect to, change, or remove any structure in a watercourse. 6. Not carry out developments within 50 feet of the centerline of any watercourse or 20 feet from the top of a bank of a watercourse, whichever is the greater distance from the centerline of the watercourse. B. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game, the SWRCB, the RWQCB, or the United States Army Corps of Engineers regulating waters of the United States and/or storm water discharges. Ord. No. 2002- 24, Added, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 050 Discharge Prohibitions

A. Illegal Discharges. Illegal discharges are prohibited except where exempted in Section 13. 18. 060 of this Chapter. As defined in Section 13. 18. 030 of this Chapter, illegal discharges include, but are not limited to, discharges of non- stormwater that are not exempt, discharges listed in Section 13. 18. 060, discharges of irrigation runoff to the MS4, any discharge from an illegal connection, and any discharge that contains additional pollutants due to the absence of a required BMP or the failure of a BMP. Discharges that require a City permit or an RWQCB permit that has not been issued or has not been acknowledged by the discharger to be applicable are illegal discharges. Discharges regulated under an applicable NPDES Permit are illegal discharges for purposes of this Chapter unless compliance with all applicable permit and SWPPP conditions are maintained. B. Illegal Connection. The establishment of illegal connections is prohibited. As defined in Section 13. 18. 030 of this Chapter, illegal connection means a pipe, facility, or other device connected to the MS4 or receiving waters, which has not been authorized by the City; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges. The use of illegal connections is prohibited, even if the connection was established pursuant to a valid City or County Permit and was legal at the time it was constructed.

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C. Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning,

maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. D. Violations of the MS4 Permit. It is unlawful for any person to, jointly or individually, cause by action or omission a condition, occurrence, event, or situation which causes or threatens to cause any discharge into or from the MS4 that results in or contributes to a violation of the MS4 Permit. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 060 Exemptions to Discharge Prohibitions

A. Permitted Discharges. Any discharge to the MS4 that is regulated under an

NPDES permit issued to the discharger and administered by the State of California pursuant to Division 7 of the California Water Code is allowed, provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations.

storm water B. Groundwater Discharges Typically Requiring Permits. Non- discharges to the MS4 from the following categories are allowed if: ( i) the discharger obtains coverage under NPDES Permit No. CAG919002 ( RWQCB Order No. R9- 2008- 0002, or subsequent order) for discharges to surface waters other than San Diego Bay, and the discharger is in compliance with all requirements of the applicable NPDES permit and all other applicable laws and regulations; or( ii) the RWQCB determines in writing that coverage under NPDES Permit No. CAG919002 ( or subsequent permit) is not required. Otherwise, non- storm water discharges from the following categories are illicit discharges: 1. Discharges from uncontaminated pumped groundwater. 2. Discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. 3. Discharges from water from crawl space pumps. 4. Discharges from water from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. C. Discharges from Water Lines. Non- storm water discharges to the MS4 from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES Permit No. CAG679001 ( Regional Water Quality Control Board Order No. R9-2010- 0003, or subsequent order), and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. This category includes water line flushing and water main break discharges from water purveyors issued a water supply permit by the California Department of Public Health or federal military installations. Discharges from recycled or reclaimed water lines to the MS4 are allowed if the discharges have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illicit discharges. D. Allowable Discharges. Non- storm water discharges to the MS4 from the following categories are allowed, unless the enforcement official or the Regional Water Quality Control Board identifies the discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illicit discharge: 1. Discharges from diverted stream flows. 2. Discharges from rising groundwater. 3. Discharges from uncontaminated groundwater infiltration to the MS4. 4. Discharges from springs. 5. Discharges from flows from riparian habitats and wetlands.

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6. Discharges from potable water sources, except as set forth in Vista

Municipal Code Section 13. 18. 060. C. 7. Discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non- storm water discharges under unusual circumstances. 8. Discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to produce non- storm water discharges under unusual circumstances. E. Conditionally Allowed Discharges. Non- storm water discharges from the following categories are allowed if they are addressed as follows. Otherwise, non- storm water discharges from the following categories are illicit discharges: 1. Air Conditioning Condensation. Air conditioning condensation discharges shall comply with applicable BMPs identified in the Stormwater Standards Manual. 2. Individual Residential Vehicle Washing. Wash water from individual residential vehicle washing must be directed to landscaped areas or other pervious surfaces, where feasible. Where discharges cannot be feasibly prevented, BMPs must be implemented in accordance with the Stormwater Standards Manual. Non- commercial car washes, such as fundraisers and other similar activities, are not considered individual residential vehicle washing. Discharges from such activities are therefore considered illegal discharges. 3. Water from swimming pools. algaecide, filter a. Chlorinated Swimming Pool Water. Chlorine, backwash, and other pollutants shall be eliminated prior to discharging swimming pool water to the MS4. b. Saline Swimming Pool Water. Saline swimming pool water must be directed to the sanitary sewer, landscaped areas, or other pervious surfaces that can accommodate the volume of water, unless the saline swimming pool water can be discharged directly to a naturally saline water body. F. Firefighting Activities. Non- storm water discharges to the MS4 from firefighting activities are allowed if they are addressed as follows: 1. Non- Emergency Firefighting Discharges. Non- emergency firefighting discharges, including building fire suppression system maintenance discharges( e. g. sprinkler line flushing), controlled or practice blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of pollutants to the MS4. 2. Emergency Firefighting Discharges. BMPs are encouraged to prevent pollutants from entering the MS4. During emergencies, priority of efforts should be directed toward order).life, property, and the environment( in descending BMPs shall not interfere with emergency response operations or impact public health and safety. G. Exemptions not Absolute. Notwithstanding the categories of non- storm water discharges conditionally allowed by Vista Municipal Code Sections 13. 18. 060.A through F, if the RWQCB or the Authorized Enforcement Official determines that any of these categories of otherwise conditionally allowed non- storm water discharges are a source of pollutants to receiving waters, are a danger to public health or safety, or are causing a public nuisance, such discharges shall be prohibited from entering the MS4. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 070 BMP Requirements for All Dischargers

A. Best Management Practices. Any person engaged in activities which may result in

discharges to the MS4 shall, to the MEP, undertake all measures to reduce the risk of non—storm water discharges and pollutant discharges. The following requirements shall apply:

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1. Every person and/ or entity undertaking any activity or use of a premises

that may cause or contribute to storm water pollution or contamination, illicit discharges, or non- storm water discharges to the MS4 shall comply with BMP guidelines or pollution control requirements, as may be established by the Authorized Enforcement Official. Such BMPs include the minimum BMPs set forth in the Stormwater Standards Manual. 2. An Authorized Enforcement Official may require any business or operation that is engaged in activities which may result in pollutant discharges to the MS4 to develop and implement a Water Pollution Control Plan, which must include an employee training program and the applicable minimum BMPs from the Stormwater Standards Manual. 3. Each discharger that is subject to any NPDES Permit shall comply with all requirements of all such permits. The discharger must also make reports submitted to the RWQCB or other permitting agency, including monitoring data, available to the City upon request. 4. Parties undertaking land disturbance activities shall comply with all applicable requirements of Section 13. 18. 080. 5. Parties undertaking land development and redevelopment activities shall comply with all applicable requirements of Section 13. 18. 090. B. Guidance Documents. Any Authorized Enforcement Official under the supervision of the City Engineer may prepare, disseminate and maintain guidance documents addressing the use of BMPs for specific activities or facilities, illegal connections, and illegal discharges. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this Chapter or specified in the Stormwater Standards Manual. C. Significant Sources of Pollutants. Where Authorized Enforcement Staff identify a discharge that is in violation, or is likely to result in a violation, of Vista Municipal Code Section 13. 18. 050. D or 13. 18. 060. G, Authorized Enforcement Staff may order the discharger to install, implement and maintain additional BMPs. Any such order shall specify a reasonable date by which those BMPs must be put in place. A failure to install, implement, or maintain additional BMPs as required by any such order is a violation of this Chapter. D. Collection and Use of Stormwater. An Authorized Enforcement Official may modify any requirement imposed by this Chapter to allow the on- site collection and use of stormwater, or the collection of stormwater for delivery to and use at City- designated sites, provided the modified requirements are enforceable and provide equivalent environmental protection. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 080 BMP Requirements for Land Disturbance Activity

A. Permit Issuance. No discharger and/ or development project proponent shall

receive any City grading, clearing, building or other land development permit without first meeting the requirements of this Chapter, Chapter 17. 56, and the Stormwater Standards Manual. B. Owners and Operators both Responsible and Liable. Persons or entities performing land disturbance activities ( including, but not limited to, construction activities) in the City, and the owners of land on which land disturbance activities are performed, are dischargers for purposes of this Chapter, provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights- of-way. C. Plan Submittal Requirements. Any Authorized Official under supervision of the City Engineer may prepare plan submittal requirements for permit applications, consistent with the Stormwater Standards Manual. D. Agricultural Grading and Clearing. The BMP requirements imposed by this Section for land disturbance activities apply to agricultural grading and clearing, whether a City-issued grading and clearing permit is required for that activity. Tilling or cultivating land exclusively for

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the purpose of growing plants or animals is not considered to be grading or clearing, provided all disturbed material remains on the same site, the tilling or cultivating will not block or divert any natural drainage way, and the land to be tilled or cultivated has been in agricultural production within the preceding five years. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 090 BMP Requirements for Development and Redevelopment Projects

A. Application to Development and Redevelopment Projects. No land owner or development project proponent in the City shall receive any City grading, clearing, building or other land development permit required for land development activity or redevelopment activity unless the project meets or will meet the requirements of this Chapter and the applicable requirements defined in the City' s Stormwater Standards Manual. For Priority Development Projects, the project' s SWAMP must be approved prior to the issuance of such permits. B. Owners and Developers Responsible and Liable. Developers, development project proponents, and land owners for land on which development activities are performed are dischargers for purposes of this Chapter, provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights- of-way. C. Post- Construction Best Management Practices Required. Land development and redevelopment activities with the potential to add pollutants to stormwater or to affect the flow rate or velocity of stormwater runoff after construction is completed, shall be designed to include and shall implement post- construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of Water Quality Standards in accordance with the requirements defined in the City's Stormwater Standards Manual. D. Land Development Associated with Agricultural Operations. The requirements imposed by this Section for land development activities apply to such activities when they are associated with agricultural operations. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 100 Maintenance Requirements

A. Existing Development. Dischargers shall maintain the designed functionality of the storm drain system and BMPs they rely upon to achieve and maintain compliance with this Chapter. B. Responsibility to Maintain. The owners and occupants of lands on which a storm drain system and BMPs have been installed to meet the requirements of this Chapter shall ensure the maintained functionality of those structures, regardless if other persons or entities identified in 13. 18. 100. 0 fail to do so. C. Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this Chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Chapter. D. Obligation to Maintain BMPs not Avoided by Contracts or Other Agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Chapter.

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E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer. F. Maintenance Plans for Land Development Activities. The proponents of any land development activity or redevelopment activity that requires installation of structural post- construction BMPs shall provide to the City for review and approval prior to issuance of permits for the project a plan for maintenance of all structural post- construction BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all structural post- construction BMPs at least annually, and for the retention of inspection and maintenance records for at least three years. G. Access Requirements. Storm drain system structures shall be provided adequate access for long- term inspection and maintenance purposes. H. Assurance of Maintenance for Land Development Projects. The proponents of any land development activity or redevelopment activity that requires a City permit shall provide to the City, prior to issuance of permits for the project, proof of a mechanism acceptable to the City which will ensure ongoing long- term maintenance of all structural post- construction BMPs associated with the proposed project. The proponents shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for ensuring maintenance is accepted by the City and becomes effective. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 110 Inspection and Sampling

A. Regulatory Inspections and Certification Programs. The Authorized Enforcement Official may establish inspection or certification programs to evaluate and enforce compliance with the requirements of this Chapter. Authorized enforcement officials and authorized enforcement staff may inspect facilities, activities, and properties subject to this Chapter at reasonable times and in a reasonable manner to carry out the purposes of this Chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Inspections of New Construction. When any new storm drain system or BMP is installed on private property as part of a project that requires a City permit, in order to comply with this Chapter, the property owner shall grant to the City access permission to enter the property at reasonable times and in a reasonable manner to ensure compliance with this Chapter. This includes the right to enter the property without prior notice for routine inspections, to enter as needed for additional inspections during construction, to enter for any needed follow- up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this Chapter. C. Scope of Inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this Chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this Chapter. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

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Section 13. 18. 120 Violations of Chapter

A. This Chapter is violated any time a person violates any provision of this Chapter or fails to act, as required by this Chapter. For purposes of assessing and determining administrative penalties, civil penalties, or criminal penalties, a person shall be responsible or guilty of a separate offense for each and every day on which such a violation occurs and continues. B. Failure by a person to take the actions required by an order or directive of an authorized enforcement official or authorized enforcement staff in the manner and by the time required by such order or directive shall constitute a separate violation of this Chapter apart from any other violations that may have occurred. Each day ( or part thereof) in excess of the allowed period for correction shall constitute a separate violation of this Chapter. C. A violation of this Chapter occurs any time a person makes a misrepresentation or omission of fact in a voluntary disclosure, a submission, a report, or a filing provided to the City to avoid, delay, or curtail a possible enforcement action or remedial action by the City. D. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 130 Administrative Enforcement Powers

A. In addition to the other enforcement powers and remedies established by this Chapter, any authorized enforcement official has the authority to utilize the following administrative remedies or to issue the following orders to any person responsible, in whole or part, for any violation of this Chapter: B. Notice of Violation. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this Chapter, the official may issue a notice of violation and direct that those persons not complying shall take the following actions within the time periods specified by the authorized enforcement officials: 1. Cease and desist all activities that may cause or contribute to any discharge or condition violating any provision of this Chapter. 2. Comply with a time schedule for compliance. 3. Take appropriate remedial or preventative action to prevent the violation from recurring. 4. Submit and implement a plan approved by the enforcement official for the correction and prevention of the discharge or condition violating any provision of this Chapter. 5. Clean up any release of pollutants causing or resulting from the violation of any provision of this Chapter. 6. Mitigate any circumstances that may cause or contribute to any discharge or condition violating any provision of this Chapter. 7. Adopt and implement best management practices and/ or a stormwater pollution prevention plan approved by the enforcement official. 8. Require a business or organization to establish the elements of an employee training program as may be necessary to fulfill the purposes of this Chapter where such a program has been required as part of a stormwater prevention plan or represents a BMP. 9. Assess and charge a person, business, or organization responsible for a violation the cost of any cleaning or repair of the MS4 system which resulted from an obstruction, damage or impairment caused by the violation.

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10. Assess and charge a person, business, or organization responsible for a

violation any and all costs which the City incurred, including any direct and indirect costs resulting from the violation. 11. Issue stop work notices or orders for any work under a City permit which is occurring in a manner to cause or threaten to cause a discharge in violation of this Chapter. 12. Suspend or revoke any permit, license, certificate, or approval issued by the City for any development, operations, use, or activity if the activities undertaken pursuant to that permit, license, certificate or approval are occurring in a manner to cause or threaten to cause a discharge in violation of this Chapter. C. When, in the opinion of the enforcement official, any discharge from any source to the stormwater conveyance system causes or threatens to cause a condition that presents an imminent hazard to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit, the Authorized Enforcement Official may issue a notice requiring the owner or occupant of the premises where the discharge is occurring to immediately abate the discharge. In any case where the discharge is not immediately abated, or for any reason the owner or occupant of the subject premises does not receive the notice, or the Authorized Enforcement Official determines that time constraints are such that abatement must occur without providing the notice, the Authorized Enforcement Official may summarily abate the condition in accordance with the provisions of Chapter 8. 36 of the Vista Municipal Code or other applicable law. D. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the Authorized Enforcement Official shall so declare in the notice and order issued pursuant to subsection B, above. Thereafter, the owner or occupant of the subject premises shall abate such seasonal and recurrent nuisance every year without the necessity of any further notice and order. If at any time the nuisance is not abated as required herein, the enforcement official may summarily abate the condition in accordance with the provisions of Chapter 8. 36 of the Vista Municipal Code or other applicable law. E. The owner of any premises in the city from which is made a discharge in violation of this Chapter, and any person making or causing to be made the discharge, if different from the owner, shall be jointly and severally liable for the costs incurred by the City for any abatement, clean- up or restoration, including any related inspection and testing costs, arising from the discharge, and the cost therefor shall be invoiced to the owner of the premises. If the invoice is not paid within sixty (60) days, the Authorized Enforcement Official may commence proceedings for recovery of in accordance with the provisions of Chapter 8. 36 of the Vista Municipal Code or other applicable law. F. Administrative Penalties. In addition to any other remedy or penalty set forth in this Chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 1. 13 of the Vista Municipal Code against any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises in violation of any of the provisions of this Chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 1. 13 of the Vista Municipal Code. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 140 Civil Actions

A. In addition to any other remedies provided in this Chapter, any violation of this

Section may be enforced by civil action brought by the City. In any such action, the City may seek, without limitation, and the court shall grant, as appropriate, any or all of the following remedies: 1. Injunctive relief.

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2. Assessment of the violator for the costs of any investigation, inspection, or

monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. 3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation. 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. 5. Payment or reimbursement of any governmental fines or penalties imposed on the City as a result of the violation. 6. Civil penalties imposed either on a daily basis or a per-gallon basis, but not both, for any discharge of nonstormwater to the stormwater conveyance system violating any provision of this Chapter. Civil penalties imposed on a daily basis shall not exceed five thousand dollars for each day or portion of a day that the discharge occurs, and civil penalties imposed on a per- gallon basis shall not exceed ten dollars for each gallon of the discharge. The amount of civil penalties imposed shall be determined by taking into consideration some or all of the following factors: the nature, circumstances, extent, and gravity of the discharge, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, the economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 150 Criminal Penalties

A. Any person who knowingly or intentionally violates any provision of this Chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year, or a fine not to exceed ten thousand dollars for each day such a violation exists, or both. There is no requirement that administrative enforcement authorities be used before such actions are filed. A citation and notice to appear as prescribed by Chapter 1. 12 may be issued. B. Notwithstanding paragraph A, any such violation constituting a misdemeanor under this Chapter may, in the discretion of the City Attorney or City Prosecutor, be charged and prosecuted as an infraction. C. The immunities prescribed in Section 836. 5 of the California Penal Code shall be applicable to public officers or employees acting in the course and scope of employment pursuant to this Chapter. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 160 Violations Deemed a Public Nuisance

A. Any condition caused or permitted to exist in violation of any of the provisions of

this Chapter is a threat to the public health, safety and welfare and is declared and deemed to be a public nuisance subject to abatement. B. A nuisance resulting from violation of any provisions of this Chapter may be summarily abated by any authorized enforcement official, and/ or through a civil action to abate, enjoin or otherwise compel the cessation of such nuisance. Such actions may be undertaken by or on behalf of the City pursuant to Chapter 8. 36 of the Vista Municipal Code or any other provision of law.

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C. The cost of such abatement and restoration shall be borne by the owner of the

property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 170 Remedies Not Exclusive

Remedies under this Chapter are in addition to and do not supersede or limit any and all

other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not

exclusive. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 180 Use of Penalties or Assessments

Any monetary penalties or assessments collected by the city pursuant to violations of this Chapter, shall be used for storm water pollution prevention and program management. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 190 Appeal

If a decision or action of the Authorized Enforcement Official is not subject to an appeal

procedure under any other provision of this Chapter or Code, any person who is affected by the Authorized Enforcement Official' s decision or action may appeal the decision or action to the City Manager or designee within ten days following the effective date of the decision or action, by filing a written appeal with the City Manager or designee. Upon receipt of such appeal, the City Manager may request a report and recommendation from the authorized enforcement official and shall set the matter for an informal hearing at the earliest practical date. Not less than seven days prior to the date of hearing, the City Manager or designee shall provide written notice of the hearing to the person appealing the decision or action of the enforcement official. At the hearing, the appellant may be represented by any person of appellant' s choice. The City Manager or designee shall hear any additional evidence presented by the appellant or the Authorized Enforcement Official, and may reject, affirm or modify the Authorized Enforcement Official' s decision. The decision of the City Manager or designee shall be the City' s final administrative determination of the matter. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

Section 13. 18. 200 Severability

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason

held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Chapter should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Ord. No. 93- 18, Enacted, 7/ 6/ 93; Ord. No. 2002- 10, Amended, 3/ 29/ 02; Ord. No. 2002- 24, Amended, 11/ 12/ 02; Ord. No. 2008- 14, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2016- 10, Amended 8/ 23/ 16)

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Chapter 14. 01

General Provisions

Sections:

14. 1. 010 Purpose and Intent
15. 1. 020 Authority
16. 1. 030 Definitions
17. 1. 040 Administration; Enforcement
18. 1. 050 Sewer Revenue Fund and Reserve Accounts
19. 1. 060 Capital Repairs and Replacement Fund; Emergency Expansion Reserve Account
20. 1. 070 Capital Facilities Fund
21. 1. 080 Inspection and Testing
22. 1. 090 Disconnection Authorized
23. 1. 100 Reconnection Permit; Reimbursement of Disconnection Costs
24. 1. 110 Penalties for Violations; Reimbursement of City' s Costs

Section 14. 01. 010 Purpose and Intent

It is the purpose and intent of this title to protect the public health, safety and welfare by

providing for the maximum beneficial public use of the City's sewer system through adequate regulation of sewer construction, sewer use and wastewater discharge, to provide for equitable

s costs,distribution of the City' and to provide procedures for complying with wastewater

discharge requirements placed upon the City by other regulatory bodies. Ord. No. 99- 20, Enacted, 10/ 12/ 99; Ord. No. 2003- 17, Repealed, 06/ 24/ 03; Ord. No. 2009- 10, Added, 4/ 14/ 09)

Section 14. 01. 020 Authority

The provisions of this title are enacted pursuant to authority under Section 7 of Article XI

of the California Constitution, California Government Code Sections 38900 through 38902 inclusive, Chapter 6 ( commencing with Section 54300) of Part 1, Division 2 of Title 5 of the California Government Code ( the " Revenue Bond Law of 1941"), Chapter 5 ( commencing with Section 4950) of Part 3, of Division 5 of the California Health and Safety Code, and other provisions of California law. Ord. No. 99- 20, Enacted, 10/ 12/ 99; Ord. No. 2003- 17, Repealed, 06/ 24/ 03; Ord. No. 2009- 10, Added, 4/ 14/ 09)

Section 14. 01. 030 Definitions

When used in this title, the following definitions shall have the meanings given by this

section, whether or not these words or phrases are capitalized: Building" shall mean a structure entirely separated from any other structure by a space or by walls by which there are no communicating doors or windows or similar openings. City" shall mean the City of Vista. City Engineer" means the City Engineer of the City or his authorized representatives. Department" means the Engineering Department of the City.

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Equivalent dwelling unit" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality. Garbage" means the animal and vegetable waste from handling, preparation cooking, and dispensing of food. Grease" means any material which is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. Grease includes fats and oils. Industrial waste" means solid, liquid, or gaseous substances discharged or flowing from an industrial, manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature. Industrial wastewater" means all water- carried wastes and wastewater of the community excluding domestic wastewater and including all wastewater from any industrial production, manufacturing, processing, commercial, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater. Lot" means any piece or parcel of land as bounded, defined or shown upon the latest map, plan or deed recorded in the office of the County Recorder of San Diego. Owner" includes a holder in fee, life tenant, executor, administrator, trustee, guardian, or other fiduciary, lessee, or licensee holding under any government lease or license of real property. Person" means any person, firm, company, association, corporation, district, the state, the United States of America, or any department or agency thereof. Premises" means any lot, piece, or parcel of land, building, or establishment. Private sewer" refers to a privately owned sewer which is not directly controlled by the City. Public sewer" means a publicly owned treatment works ( POTW) which is owned in this instance by Encina Joint Powers and its member agencies. This definition includes any sewers that convey wastewater to the POTW plant, but does not include pipes, sewers, or other conveyances not connected to the facility providing treatment. Public sewer also includes any sewers that convey wastewater to the POTW from persons outside the cities of Vista and Carlsbad, the Vallecitos Water District, the Leucadia Water District, the Buena Sanitation District, and Encinitas Sanitary District, who are, by contract or agreement with said cities and/ or districts, users of the Encina Water Pollution Control Facility. Residential/ Multiple- Family" means every parcel of real property or lot having a distinct assessor' s parcel number on which multiple- dwelling units, excluding duplexes, are constructed and used for residential purposes. Every mobile home park on which factory assembled or mobile homes are located and used for residential purposes. Each available space shall be considered a separate dwelling unit. Residential/ Single Family" means each parcel of real property or lot having a distinct assessor' s parcel number on which a separate single family dwelling unit or duplex is constructed and used for residential purposes and each individually owned or controlled dwelling unit having a distinct assessor' s parcel number within a condominium or cooperative ownership development. Sewage" means the waterborne wastes derived from ordinary human processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer, a private sewer, or by means of household septic tank systems and individual household aerobic units. Sewer lateral" means that portion of a pipe or conduit carrying sanitary sewage and/ or industrial wastes from a building to the public sewer or a common sewer, including the connection to the public sewer.

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Sewer system" means all construction and appurtenant equipment utilized in the

collection, transportation, pumping, treatment, and final disposal of sewage within the city. Slug" means any discharge of water, sewage, or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24- hour concentration of flows during normal operation. Standard methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, and Water Pollution Control Federation. Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids and which are largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods. Toxic substances" means any substances whether gaseous, liquid, or solid, which when discharged to the sewer system in sufficient quantities may tend to interfere with any sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant. Wastewater" means any liquid waste of any kind, whether treated or not, and whether animal, mineral, or vegetable including sewage, agricultural, industrial, and thermal wastes, which are discharged into or permitted to enter a public sewer. Ord. No. 99- 20, Enacted, 10/ 12/ 99; Ord. No. 2003- 17, Repealed, 06/ 24/ 03; Ord. No. 2009- 10, Added, 4/ 14/ 09)

Section 14. 01. 040 Administration; Enforcement

A. The City Engineer shall administer, implement, and enforce the provisions of this title. Any powers granted to or duties imposed upon the City Engineer may be delegated by the City Engineer to persons in the employ of the City. B. The City Engineer shall make and enforce regulations necessary to the administration of this title. He may amend such regulations from time to time as conditions require. These regulations shall be consistent with the general policy established herein by the City Council. C. The City Engineer may grant an exception to any requirements of this title if he finds that literal compliance with such provision is impossible or impracticable because of peculiar physical conditions of the property caused in no way by the fault of the person requesting such exception and that the purpose of this title will be accomplished and public safety secured by an alternative construction or procedure. D. The Code Enforcement Manager and his designees shall also have the authority to enforce the provisions of this title. Ord. No. 99- 20, Enacted, 10/ 12/ 99; Ord. No. 2003- 17, Repealed, 06/ 24/ 03; Ord. No. 2009- 10, Added, 4/ 14/ 09)

Section 14. 01. 050 Sewer Revenue Fund and Reserve Accounts

A. A Sewer Revenue Fund of the City is hereby established. The purposes of the

Sewer Revenue Fund are to provide for the operation, maintenance and replacement costs, and debt service expense and retirement, if any, of the sewer system. All revenues received from sewer service charges and other revenues of the sewer system not specifically allocated to other funds of the sewer system, shall be deposited initially to the Sewer Revenue Fund. B. The Sewer Revenue Fund shall include an Operating Cash Flow Reserve. The purpose of the Operating Cash Flow Reserve is to maintain and provide liquidity for operations

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and maintenance of the sewer system throughout the year. The major portion of revenues for operating and maintaining the sewer system are received at the end of the first half and midway through the second half of each fiscal year. For this reason, the City Council intends that the Operating Cash Flow Reserve be maintained at a funding level of approximately 50 percent of each annual approved budget for maintenance and operation of the sewer system for each fiscal year. C. The Sewer Revenue Fund shall include a Treatment and Discharge Rate Stabilization Reserve. The purpose of the Treatment and Discharge Rate Stabilization Reserve is to provide for unexpected treatment and discharge costs imposed upon the sewer system by the Encina Wastewater Authority ( EWA). The City is a member of EWA and all of the wastewater entering the sewer system is treated and discharged through the EWA treatment and discharge facilities under permit. The costs of such treatment and discharge are not known s budget is approved. Therefore, a reserve is needed to meet theor fixed until after the City' unexpected costs. For this reason, the City Council intends that the Treatment and Discharge Rate Stabilization Reserve be maintained at a funding level equivalent to 15 percent of the running average annual cost to the sewer system for treatment and discharge services by EWA over the preceding five-year period. D. The Sewer Revenue Fund shall include a Lifeline Allowance Reserve, the purpose of which is to provide a source of funds for the Lifeline Allowance Rebate Program. The number of persons and the amount of the Lifeline Allowance Rebates under the program is uncertain; therefore, the reserve is required to meet the obligations of the program. For this reason, the City Council intends that the Lifeline Allowance Reserve for the City of Vista shall be funded, if funded at all, from the City of Vista' s General Fund. Ord. No. 1999- 20, Enacted, 10/ 12/ 99; Ord. No. 2003- 17, Amended, 06/ 24/ 03; Ord. No. 2009- 10, Repealed and Replaced, 4/ 14/ 09; Ord. No. 2017- 20, Amended 11/ 14/ 17)

Section 14. 01. 060 Capital Repairs and Replacement Fund and Emergency Capital Reserve Account

A. The Capital Repairs and Replacement Fund is hereby established. The purposes of the Capital Repairs and Replacement Fund is to provide for repairs and replacement of existing capital facilities, equipment, and appurtenances of the sewer system, as they depreciate, wear out, or breakdown. Such repairs and replacements are essential to maintaining the sewer system in proper working order and avoiding deterioration of the sewer system. For this reason, the City Council intends that the Capital Repairs and Replacement Fund be maintained at a funding level equivalent to the running average of the annual cost of repairs and replacements required to maintain the sewer system in proper working order for the preceding five- year period. Transfers to the Capital Repairs and Replacement Fund shall be authorized from revenues received in the Sewer Revenue Fund, including portions of the sewer service charges, as directed by the City Council with the approval of the annual budget for the sewer system. The City Council may transfer such additional funds to the Capital Repairs and Replacement Fund as it deems prudent or necessary from any available sources in such amounts as the City Council shall determine. B. Within the Capital Repairs and Replacement Fund there shall be maintained the Emergency Capital Replacement Reserve Account. The purpose of the Emergency Capital Replacement Reserve Account is to provide funding to finance the cost of repairs and replacements to the existing capital facilities, equipment, and appurtenances of the sewer system required in any given year in the event of a shortfall or lag in revenues of the system, or unexpected requirements for repairs or replacements. The City Council intends that the initial level of this reserve shall be set at $ 2. 9 million. The City Council may adjust this level from time to time, as it deems necessary by approval of the annual budget of the sewer system.

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Ord. No. 2003- 17, Enacted, 06/ 24/ 03; Ord. No. 2008- 7, Amended, 1/ 8/ 08; Ord. No. 2009- 10, Repealed and Replaced, 4/ 14/ 09)

Section 14. 01. 070 Capital Facilities Fund

There is hereby established the Capital Facilities Fund. All revenues received from

sewer capacity charges shall be deposited to the Capital Facilities Fund and expended on capital improvements to the sewer system. The City Council may transfer such additional funds to the Capital Facilities Fund as it deems prudent or necessary from any available sources in such amounts as the City Council shall determine. Ord. No. 2003- 17, Enacted, 06/ 24/ 03; Ord. No. 2009- 10, Repealed and Replaced, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

Section 14. 01. 080 Inspection and Testing

A. Subject to the obtaining of prior court approval, if necessary under the law, inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City' s sewer system may be made by the City Engineer as he or she deems necessary. These facilities shall include, but not be limited to sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities, or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. B. Inspections may be made to determine that such facilities are maintained and operate properly and are adequate to meet the provisions of this title. Ord. No. 2003- 17, Enacted, 06/ 24/ 03; Ord. No. 2009- 10, Repealed and Replaced, 4/ 14/ 09)

Section 14. 01. 090 Disconnections Authorized

The City Engineer may disconnect from the public sewer any lateral connection which is

constructed or connected without a permit or which is used contrary to the provisions of this title. The City Engineer shall make reasonable effort to notify the owner or occupant of the premises affected by any proposed disconnection and may grant a reasonable time to eliminate the violation. Ord. No. 2009- 10, Enacted, 4/ 14/ 09)

Section 14. 01. 100 Reconnection Permit; Reimbursement of Disconnection Costs

Whenever a lateral connection has been disconnected from the public sewer by the City

Engineer as provided in Section 14.01. 100 for failure to comply with the provisions of this title, reconnection shall be made only upon issuance of a permit in writing by the City Engineer. Before such permit is issued, the applicant shall reimburse the City for the cost of the disconnection made, and the City Engineer may require the installation of a monitoring manhole. Ord. No. 2009- 10, Enacted, 4/ 14/ 09)

Section 14. 01. 110 Penalties for Violations; Reimbursement of City Costs

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A. Public nuisance. Discharge of wastewater in any manner in violation of this ordinance or of any order issued by the City Engineer as authorized by this title, is hereby declared a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person creating such a public nuisance is guilty of a misdemeanor. B. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this ordinance, or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the City Attorney may cause the City to seek a petition to the Superior Court for the issuance of a temporary restraining order, preliminary or permanent injunction, or all three, as may be appropriate in restraining the continuance of such discharge. C. Cost of damage. Any person who violates any provision of this ordinance or who has a discharge which causes a deposit, obstruction, damage or any other impairment to the City' s facilities, shall become liable to the City for all expense, loss or damage, including, but not limited, to investigative expenses, occasioned the City by such violation or discharge. D. Falsifying of information. Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the City Engineer or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this title, shall be guilty of a misdemeanor. E. Termination of service. The City may revoke any permission to discharge wastewater into the public sewer system or may terminate or cause to be terminated any wastewater service to any premise if a violation of any provision is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. This provision is in addition to other statutes or rules authorizing termination of payment.service for delinquency in When deemed necessary by the City Engineer for the preservation of public health or safety or for the protection of public or private property, the City Engineer may suspend sewer service to any person using the wastewater system in a manner to endanger the public health and safety, or public or private property. In suspending service, sever all pertinent connections to the public sewer. If suchthe City Engineer may endangerment shall be imminent, then the City Engineer may act immediately to suspend sewer service without notice or warning to said person. F. Criminal prosecution. Violation of any provision of this title is a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $ 1000, or by both fine and imprisonment unless the City Attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction, or the court, with the consent of the defendant, determines that the offense is an infraction. Each day on which a violation occurs shall constitute a separate offense. G. Administrative citations. In addition to criminal sanctions and other remedies set forth in this title, administrative penalties may be imposed pursuant to Section 1. 13.060 of this code against any person violating any provision of this title. Imposition, enforcement, collection and administrative review of administrative penalties shall be conducted pursuant to Chapter

1. 13 of this code. Ord. No. 2009- 10, Enacted, 4/ 14/ 09)

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Chapter 14.02

General Sewer Regulations

Sections:

14. 2. 010 Title
15. 2. 020 Sewer Connection Mandatory; Maintenance and Repair of Sewer Lateral
16. 2. 030 Sewer Discharge Permit
17. 2. 040 Sewer Capacity Charges
18. 2. 050 Sewer Connections to be Separate
19. 2. 060 Sewer Connection through Adjoining Property
20. 2. 070 Use of Sewer System Required
21. 2. 080 Privies Prohibited; Exceptions
22. 2. 090 Restrictions Related to Use of Public Sewers
23. 2. 100 Damage to Sewage Works
24. 2. 110 Extension of Sewer Service Outside City Limits
25. 2. 120 Sanitary Sewers in Property to be Annexed; Owners to Provide
26. 2. 130 Private Sewer Pump Systems

Section 14. 02. 010 Title

This chapter shall be known as the " City of Vista Sewer Regulations Ordinance."

Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 020 Sewer Connection Mandatory; Maintenance and Repair of Sewer Lateral

A. Except as authorized by this title, every lot with sanitary facilities requiring sewage disposal shall be connected to the sanitary sewer system where such sewer mains are constructed in the public streets, alleys, or an easement adjoining such lot within 100 feet. B. All sewer lateral connections and appurtenances thereto, including, but not limited to, industrial waste pretreatment facilities and interceptors, now existing or hereafter constructed, shall be maintained by the owner of the property served in a safe and sanitary condition and all devices or safeguards which are required by this title for the operation thereof shall be maintained in good working order. C. All sewer lateral connections from the main sewer to the property line or easement line shall meet city engineering design standards, unless an alternative design standard is approved in writing by the City Engineer. D. Owner or occupant of property connected to the public sewer shall be responsible for maintaining and repairing any damage or blockage of sewer lateral from the building to the point where sewer lateral connects to the public sewer main, including the connection to the public sewer main. E. In the event a privately- owned sewer lateral is damaged or blocked resulting in the discharge of sewage or wastewater from the sewage system, property owner or occupant shall take immediate action to repair the damage or remove the blockage and contain any waste discharge on the property and clean- up and dispose of the discharge in an appropriate manner. In the event the property owner or occupant refuses to take immediate action to repair the damage or remove the blockage after verbal notice from the City Engineer, the City may take such action as it deems necessary to protect the public from the discharge of sewage or

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wastewater, including, but not limited to, disconnecting or capping the sewer lateral at the owner' s expense. F. When it is found necessary to replace any portion of an existing sewer connection between the public sewer and lot line, all that portion of the existing sewer connection between these limits shall be replaced or rehabilitated to meet the current requirements for new sewer lateral connections. G. In every case where a plumbing outlet or plumbing fixture is installed or located below the elevation of the rim of the nearest upstream manhole, an approved type of sewer backflow prevention device shall be installed between the outlet and the public sewer in such a manner as to prevent sewage from flowing back or backing up into any such outlet or plumbing fixture. Every such device shall be installed in a box or a manhole of concrete or cast iron, or other material approved so that it will be easily accessible at all times. The by the City Engineer device shall be placed only in the drain line serving the fixtures that are located below the elevation of the above- mentioned and no drainage from fixtures located above this elevation shall pass through such device. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 030 Sewer Discharge Permit

It is unlawful for any person to place, discharge, or dispose of any material, solid or

liquid, into the sewer system, or any part thereof, without first obtaining a sewer discharge permit from the City and without having first paid all charges required by this title; and no substance shall be placed, discharged, or disposed of in the sewer system except substances of waste materials originating on the premises to which a sewer discharge permit has been issued. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

Section 14. 02. 040 Sewer Capacity Charges

A. Any sewer capacity charges and fees required by this title shall be paid prior to issuance of a building permit, or, at the request of the applicant, deferred until all work required for final inspection has been completed and all department approvals required for final applicant. If the applicant chooses to defer the paymentinspection have been obtained by the of charges prior to the request for final inspection, then the amount of the charges shall be based on the charges in effect at the time of the request for final inspection. In the event that the City fails to collect any or all charges prior to final inspection, such charges shall remain the obligation of the developer and/ or property owner. B. Sewer capacity charges ordinarily imposed by this section for the construction of any residential, commercial or industrial building or facility shall not be imposed when the construction is a replacement for a building or facility being removed from the same lot or parcel or land which had an existing sewer connection of an equal or greater number of EDUs. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2016- 11, Amended, 8/ 23/ 16)

Section 14. 02. 050 Sewer Connections to be Separate

Every building or other structure situated within the city shall be separately and

independently connected with a lateral sewer connection with the following exceptions: A. Where more than one building or other structure is situated upon the same lot, in which case all such buildings and structures may, by special permit authorized by the City

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Engineer be joined in use of one sewer lateral connection; provided, however, that all such buildings and structures are owned by the same person. B. Where, in the opinion of the City Engineer, it is impossible or impractical to connect a building on a single lot to the main public sewer except in conjunction with the connection of a building or buildings on other lots, a joint connection may be allowed, provided that the connection conforms in all respects to the provisions of this title and a drawn plan of the joint connection be first submitted to and approved by the City Engineer. A permit for each individual lot shall be required. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 060 Connection through Adjoining Property

A. No sewer lateral connection from any building or other structure shall be made to any public sewer, if such connection or any portion thereof be in, under, across, or upon any lot other than the lot on which said building or structure is located. B. If a lot or parcel of land requiring a sewer connection is so situated that access to the public sewer is not possible except across some other lot or parcel of land, a sewer connection may be placed in a recorded easement which includes the right- of-way and maintains such connection and is appurtenant to the lot or parcel of and to be served by such sewer connection. No sewer lateral may cross more than one adjoining lot or parcel. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 070 Use of Sewer System Required

Except as provided in this title, all human waste or wastewater for the use of human

sanitation shall be discharged into the sanitary sewer system. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 080 Privies Prohibited; Exception

It is declared to be public nuisance and it is unlawful for any person to keep or maintain,

or suffer or permit to be kept or maintained, at or upon any premises in the city, owned, occupied or controlled by him or it, any privy or dry closet for the reception of human excrement or fecal matter. Approved type chemical portable toilets for use during construction are excepted. Location of chemical toilets must be approved by the City. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 090 Restrictions Relating to Use of Public Sewers

A. No person shall discharge or cause to be discharged any stormwater, surface

water, groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission in conformance with adopted regulations. B. No person shall open, enter, obstruct, uncover, or tamper with any portion of the public sewer, or connect to it, or dispose anything into any sewer and/ or sewer manhole without the written permission of the City Engineer. C. No person or party shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer without first notifying the City Engineer of such intention. All opening in or leading to the public sewer line or lines caused

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by such work shall be sealed watertight and inspected by the City Engineer before being backfilled. D. No person shall fill or backfill over, or cause to cover, or obstruct access to any sewer manhole. E. No person shall erect any improvements, structures, or buildings over public sewers or sewer easements without the written permission of the City Engineer. F. No person shall discharge of industrial waste without a current Industrial Wastewater Permit from the Encina Wastewater Authority as described in Chapter 14. 10. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

Section 14. 02. 100 Damage to Sewage Works

It shall be unlawful for any person to willfully or negligently break, damage, destroy

uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the municipal sewage works. Any person who willfully or negligently damages any structure, appurtenance, or equipment which is part of the municipal sewage works is liable for the cost of repair, including the cost of replacement thereof. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 110 Extension of Sewer Service Outside City Limits

Unless determined by the City Council to be necessary or beneficial for the

advancement and protection of the public health, safety and welfare of the City and its residents; and consistent with the applicable policies of the general plan and state law, sewer services shall not be extended to any dwelling unit or property located outside the corporate boundaries of the city. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14.02. 120 Sanitary Sewers in Property to be Annexed; Owners to Provide

At the option of the City, before any ordinance is finally adopted annexing any real property to the city, the owners or owner of such real property shall, at their own expense, provide for the installation of sanitary sewer mains, lateral connections, and appurtenances with the plans and specifications therefore, adopted by the City, and all conditions for any ordinance regulating the same. When installed, only such sewer mains shall automatically, upon the completion of such installation, become the property of and shall be owned by the City, and the same shall be deemed dedicated to the public for the purpose of serving the real property with sanitary sewer facilities. All sewer laterals and their connections and appurtenances shall be owned and maintained by the property owner. For purpose of this section, " completion of such installation" shall include construction of sanitary sewer facilities in accordance with approved plans and satisfactory completion of all testing and inspections as the City Engineer may require. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 02. 130 Private Sewer Pump Systems

A. Except as provided in Subsection B, private sewer laterals shall be designed to

flow by gravity to the public sewer main. B. When the City Engineer determines that it is impracticable or infeasible to construct a sewer lateral to the public sewer main to allow for wastewater disposal by gravity

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allow the property owner to install a private sewer pump system. Inflow, the City Engineer may making his determination, the City Engineer shall consider the following conditions: 1. The property is located in a portion of a drainage basin tributary to an area currently not served by gravity sewer. 2. That the private sewer pump is necessary to provide sewer service and determined to be in the public interest to provide sewer service to the parcel. 3. That the private sewer pump is to serve only one residence. 4. That the property owner has paid sewer capacity charges shall pay sewer service charges and permit fees to the City. 5. That the private sewer pump be a private system to be located on private property and that the sewer lateral within the public right of way gravity flow to the public main. 6. That the private sewer pump installation be in conformance with the California Plumbing Code, as adopted by the City, and that a plumbing permit be obtained prior to installation. 7. That the property owner shall grant to the City any on- site sewer easement, if necessary, for the future extension of the public sewer. 8. That the property owner enters into a private sewer pump agreement to be recorded with the property. 9. That the property owner shall be responsible for the maintenance of the private sewer pump. 10. That the property owner agrees, at his sole cost, that within 90 days after receipt of notice that gravity sewer becomes available within 300 feet of the property boundary, to connect to the public sewer at the written direction of the City Engineer, as follows: The property owner, shall discontinue the use of the private sewer pump and shall connect to gravity sewer and shall construct the mainline sewer and lateral to a point on the property as determined by the City Engineer and shall be responsible for all costs, including offsite easements, engineering fees, permits, inspections and other costs related to the physical construction of the sewer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

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Chapter 14.04

Municipal Sewer Service Charges and Rates

Sections:

14. 4. 010 Sewer Service Charge; Uses
15. 4. 020 Adoption of Variable Rates or Fixed Charges
16. 4. 030 Payment Due Date; Delinquency
17. 4. 040 Method of Collection
18. 4. 050 Service Charges Constitute a Lien on Property
19. 4. 060 Adjustments and Proration
20. 4. 070 Penalties and Interest on Delinquent Payments
21. 4. 080 Lifeline Allowance Rebate Program

Section 14. 04. 010 Sewer Service Charge; Uses

There is hereby levied upon every parcel of real property having a connection to the

Municipal Sewer System of the City of Vista, in addition to any and all other charges imposed under this code, a sewer service charge. Revenues derived from the sewer service charges

received and collected of Vista may be used for the maintenance, repair, by the City replacement, operation, construction or reconstruction, including debt service payments, and the enforcement of regulations, of any sanitation, storm drainage, or sewerage system of the City of Vista. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 020 Adoption of Variable Rates or Fixed Charges

The City Council shall, from time to time upon adoption of an ordinance approved by

two-thirds of the members of the City Council, establish rates and/ or fixed fees for the sewer service charge on each parcel. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 030 Payment Due Date; Delinquency

The sewer service charge is payable in advance for each fiscal year, or portion thereof,

for which services are provided. After the initial connection to the municipal sewer system, all subsequent payments are due and payable by July 1 of each fiscal year, or portion thereof, in which the service is provided. Sewer service charges not paid by the due date shall be deemed delinquent. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 040 Method of Collection

In accordance with the Section 5473 and 5473a of the California Health and Safety

Code, the City Council by adoption of an ordinance or resolution approved by two-thirds of its members may provide that delinquent sewer service charges or all or a portion of the sewer service charges imposed under this chapter, shall be collected on the property tax roll, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes. Alternatively, the City Council may, by adoption of a resolution approved by a majority of its members, provide for collection of all or a portion of the sewer

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service charges imposed under this chapter by any method authorized by state law, including by direct payment or billing or by collection along with the rates for any other utility service furnished by a publicly or privately owned public utility, with the written consent and agreement of that public utility. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 050 Service Charges Constitute a Lien on Property

Except as provided in Section 5473.8 of the California Health and Safety Code, and

pursuant to Section 5473. 5 of the California Health and Safety Code, the amount of the service charge imposed on each parcel of property by this chapter shall constitute a lien on such parcel, as of noon on the first Monday in March immediately preceding the date of the levy. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 060 Adjustments and Proration

A. Any person who believes in good faith and on reasonable grounds based upon available facts and information that the sewer service charge imposed upon his or her property is unfair, incorrect, or improperly charged may file a request for review and adjustment of the service. All requests for review and adjustment shall be filed in writing and presented to the City Engineer or designee within thirty days from the date of receipt of the initial sewer service charge notice. Alternatively, a request may be made within thirty days from receipt of the property tax bill. The written request shall include all of the following information. 1. A description of the property or premises on which the service charge is imposed, including the street address; 2. The name and mailing address of each owner or owners of the property or premises for which a review and adjustment is requested; 3. A statement of the reason or basis for the request for adjustment; and 4. A description of all material facts supporting the request for adjustment. B. Within thirty days of receiving a complete written request for adjustment, the City Engineer or designee, after conducting such investigations and inquiries as he or she deems necessary, shall make written findings and determine whether or not the charges imposed result in an unfair or unreasonable portion of the service charge. The determination and findings of or designee shall be final and bindingthe City Engineer upon the City. Notice of such findings and determination shall be provided to the person making the written request. Thereafter, the person who has raised the dispute may proceed with a legal action challenging the decision of the City in accordance with the provisions of Article 2, Chapter 5, Part 9, of Division 1 of the California Revenue and Taxation Code. C. The amount of the sewer service charges owing in any given fiscal year shall be prorated for the initial fiscal year to commence from the date the sewer permit is finalized by the City Inspector or in the case where someone is illegally connected to the public sewer, it shall be presumed absent clear and convincing evidence to the contrary, that the illegal connection was made 12 months prior. Such prorated service charges shall be collected at the time the Waste Discharge Permit is issued. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 070 Penalties and Interest on Delinquent Payments

A. A penalty of ten percent shall be added to the sewer service charge imposed

upon any parcel of real property or lot for non- payment of the service charge when due except that in the event that the sewer service charge for any parcel or lot is ordered to be collected

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along with the general property taxes, pursuant to Section 14. 04. 040 above, for the same fiscal year in which the sewer service charge is to be paid, such penalty shall not be imposed. B. In addition to the penalty imposed under Subdivision A above, interest shall be added to any portion of a sewer service charge not paid and delinquent, including the penalty portion. Such interest shall be calculated and applied at the rate of one and one- half percent per month of the total amount remaining unpaid and delinquent. Each month' s interest shall be added to the total delinquent amount for the following month. Notwithstanding the foregoing, in the event that the sewer service charge for any parcel or lot is ordered to be collected along with the general property taxes, pursuant to Section 14. 04.040 above, for the same fiscal year in which the sewer service charge is to be paid, such interest shall not be added or accrued. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

Section 14. 04. 080 Lifeline Allowance Rebate Program

There is hereby established a Lifeline Allowance Rebate Program. The purpose of this

Program is to provide financial relief for any eligible low income person who has paid the annual sewer service charge. The program shall become effective upon adoption of a resolution of the City Council approving funding for the program, approved by a majority of its members and which may be amended from time to time, establishing eligibility standards and criteria, and fixing the amount of the low income allowance rebate. City Council may provide funding from the City' s General Fund and assign appropriate accounts with the adoption of each annual budget. Ord. No. 2003- 17, Enacted, 6/ 24/ 03; Ord. No. 2009- 10, Amended, 4/ 14/ 09)

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Chapter 14. 06

Sewer Capacity Charge

Sections:

14. 6. 010 Establishment of Sewer Capacity Charge
15. 6. 020 Rates for Sewer Capacity Charge; Adjustment and Review
16. 6. 030 Initial Sewer Capacity Charge
17. 6. 040 Capacity Rental Charge
18. 6. 050 Adjustment of Capacity Rental Charge
19. 6. 060 Amount of Capacity Rental Charge and Purchase of Additional Sewer Capacity
20. 6. 070 Waiver of Capacity Rental Charge
21. 6. 080 Reuse of Old Wastewater Permit
22. 6. 090 Election to Have Capacity Rental Charge Collected with Taxes
23. 6. 100 Collection of Capacity Rental Charges with Taxes
24. 6. 110 Equivalent Dwelling Units
25. 6. 120 Residential Equivalent Dwelling Units Sewer Capacity
26. 6. 130 All Other Users of EDUs

Section 14. 06. 010 Establishment of Sewer Capacity Charge

A. A sewer capacity charge is hereby established and imposed upon the owner or owners of each parcel or property for the privilege of connecting to the public sewerage system of the City of Vista. The sewer capacity charge shall be based on the number of EDUs projected to be contributed to the sewer system. The number of EDUs shall be determined in accordance with this Chapter. The sewer capacity charge shall be paid immediately prior to the issuance of a sewer discharge permit and related building permit. If the proposed sewer connection cannot be made, the sewer capacity charge may be refunded when approved by the City Engineer. Neither the payment of sewer capacity charges or excess EDUs shall be refunded if the number of EDUs used decreases nor shall EDUs be transferable between properties. The sewer capacity charge paid by an owner or owners shall remain on City records. B. Revenues derived from sewer capacity charge shall be deposited into the Capital Facilities Fund and used to pay those costs properly chargeable to the fund pursuant to Section 14. 01. 070 or otherwise authorized by law. Ord. No. 2004- 15, Enacted, 12/ 14/ 04; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

Section 14. 06. 020 Rates for Sewer Capacity Charge; Adjustment and Review

A. The City Council shall establish the amount of the sewer capacity charge

imposed under Section 14. 06. 010 by ordinance or resolution. The sewer capacity charge shall be automatically adjusted on an annual basis beginning on the first day of July of each fiscal year by the percentage increase, if any, in the March Engineering News Record Los Angeles Construction Cost Index. B. The City Manager shall periodically, not less than every three years, but not more than every five years, review the sewer capacity charges to determine whether the current fees need to be recalculated based on factors such as new or deleted sewer system facilities, changes in the costs indices and depreciation, and the number of customers as determined by

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the number of equivalent meters. If the City Manager determines that, there has been a significant change in the factors that are used to calculate the capacity charges, which in turn requires a revision of the charges, the City Manager shall recommend to the City Council a revision to the sewer capacity charges. Ord. No. 2004- 15, Enacted, 12/ 14/ 04; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15)

Section 14. 06. 030 Initial Sewer Capacity Charge Ord. No. 2004- 15, Enacted, 12/ 14/ 04; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22; Repealed, 11/ 10/ 15)

Section 14. 06. 040 Capacity Rental Charge

A. In addition to the sewer capacity charge and to the sewer service charge, a capacity rental charge may be charged to any user whose water use records show that the user is discharging in excess of purchased sewer capacity. A capacity rental charge will be based on the number of EDUs of capacity being used in excess of paid sewer capacity charge and are intended to cover the cost of capital facilities for excess usage. B. Users with outdoor irrigation meters. For any user who has an outdoor irrigation meter, the highest bi- monthly water use period on the interior building meter will be converted to a daily water use and divided by 200 gallons per day. This number will serve as the number of EDUs used during the fiscal year and will be compared to the purchased sewer capacity in terms of EDUs to determine if the capacity rental charge will be applied. C. Users without outdoor irrigation meter. For any user who does not have an outdoor irrigation water meter, the lowest bi- monthly water use period, excluding zeros, will be converted to a daily water use and be divided by 200 gallons per day. This number will serve as the number of EDUs used during the fiscal year and will be compared to the purchased sewer capacity in terms of EDUs to determine if the capacity rental charge will be applied. Ord. No. 95- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 050 Adjustment of Capacity Rental Charge

A. Any person who believes in good faith and on reasonable grounds based upon available facts and information that the capacity rental charge imposed upon his or her property is unfair, incorrect, or improperly charged may file a request for review and adjustment of the capacity rental charge. All requests for review and adjustment shall be filed in writing and presented to the City Engineer or designee within 35 days from the date of the initial sewer service charge notice. Alternatively, a request may be made within 35 days from the date of the mailing of the property tax bill due in December. The written request shall include all of the following information: 1. A description of the property or premises on which the service charge is imposed, including the street address. 2. The name and mailing address of each owner or owners of the property or premises for which a review and adjustment is requested. 3. A statement of the reason or basis for the request for adjustment. 4. A description of all material facts supporting the request for adjustment. B. Within 30 days of receiving a complete written request for adjustment, the City Engineer or designee, after conducting such investigations and inquiries as he or she deems necessary, shall make written findings and determine whether or not the capacity rental charge imposed results in an unfair or unreasonable charge.

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Ord. No. 1997- 1, Enacted, 1/ 28/ 97; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15; Ord. No. 2017- 20, Amended, 11/ 14/ 17; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 060 Amount of Capacity Rental Charge and Purchase of Additional Sewer Capacity

A. The amount of the capacity rental charge shall be established by City Council with the Sewer Service Charges. This amount will be collected yearly along with the Sewer Service Charges. The capacity rental charge shall be based on the previous calendar year's water use as an estimate of sewage generation and shall be calculated each year. Payment of the capacity rental charge will not change the number of EDUs assigned to a parcel. B. The property owner may elect to purchase additional sewage capacity to avoid all or part of the capacity rental charge. Purchase of additional capacity must be made no later than May 1St of the subsequent year, otherwise capacity rental charges will be placed upon the property tax roll. Additional sewer capacity may be purchased in installments according to the following schedule: 1. From 1. 0 EDUs to 5.0 EDUs, payment may be in three annual payments. 2. From 5. 01 EDUs to 10. 0 EDUs, payment may be in five annual payments. 3. Over 10.0 EDUs may be purchased in eight annual payments. If payments are made in installments, the property owner shall sign an application to purchase sewer capacity in installments, which application shall include authorization for the City to collect installments on the tax rolls as part of the annual sewer service charge if not paid along with the annual tax bill. The City Manager or his or her designee shall be authorized to grant said application. A Notice of Charge on Real Property for Additional Sewer Capacity and Tax Lien in a form acceptable to the City Attorney shall be recorded on the property at the Office of the County Clerk. Simple interest shall accrue on the unpaid balance at a per annum rate to be set upon the date of approval of the application by the City Manager at a rate equivalent to the yield of a United States Treasury Note for an equivalent time period. The cost per EDU for additional capacity shall be the amount of the sewage capacity charge at the time the additional capacity is purchased. An installment shall become due on May 1 of each year. Upon payment of the first installment, the property owner shall be given credit for use of the total amount of sewer capacity purchased in installments for the purpose of calculating excess usage. However, if the installment payments become delinquent, and a lien on the property for the delinquent payments does not attach for any reason, credit for the remaining sewer capacity purchased in installments shall no longer be given to the property owner, including, but not limited to, bona fide purchasers for value. Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 1997- 1, Amended, 1/ 28/ 97; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 070 Waiver of Capacity Rental Charge

Upon application of a property owner, the City Engineer may waive all or part of a

capacity rental charge if he finds that the excessive usage was the result of a temporary condition that has been eliminated or reduced. The property owner must apply for a waiver no calendar year in which the excessive usage occurred. Thelater than May 1 following the application shall include pertinent information such as water bills, repair receipts and a description of the condition that caused the excessive sewer usage.

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Ord. No. 1997- 1, Enacted, 1/ 28/ 97; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 080 Reuse of Old Wastewater Permits Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Repealed, 11/ 10/ 15)

Section 14. 06. 090 Election to Have Capacity Rental Charge Collected with Taxes

The City Council, pursuant to Section 5473 of the California Health and Safety Code,

hereby elects to have the capacity rental charges that are imposed by this chapter and become due on July 1 of each year, collected on the tax roll in the same manner, by the same persons, and at the same time as, and together with and not separately from the general taxes of the City. The City Engineer shall prepare the report required by California Health and Safety Code Section 5473, et seq. Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 100 Collection of Capacity Rental Charges with Taxes

Any sewer capacity rental charges assessed pursuant to this chapter and not paid as

provided in this chapter shall be made a lien against the property, as provided in California Health and Safety Code Section 5470 et seq. Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 110 Equivalent Dwelling Units ( EDUs)

Residential EDUs are assigned for the purpose of both sewer capacity charges and yearly sewer service charges. For all other classes of users, separate methods are described for determination of EDUs for the purpose of capacity fees and determination of EDUs for the purpose of sewer service and capacity rental charges. Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15; Ord. No. 2017- 20, Amended, 11/ 14/ 17)

Section 14. 06. 120 Residential Equivalent Dwelling Units Sewer Capacity

A. Types of Sewer Users Minimum EDUs
1. Residential/ Single Family 1. 0
2. Residential/ Multi- Family
a. Each unit: 0. 7
b. Each office, service building or other accessory unit
in which waste discharge is approximately that of a
unit. 1. 0 dwelling
4. Churches, theaters and auditoriums:
a. Churches:
1) Fixed seating - for each 100 units of seating
or fraction thereof in the sanctuary only. 1. 0
2) Temporary seating — for each individual
seat using the unconcentrated capacity
formula allowed under the most current

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edition of the California Fire Code in the
sanctuary only. 01
5. Schools:

a. schools — for each 60 pupils or fraction Elementary thereof. 1. 0 b. Junior high or middle schools— for each 60 pupils or fraction thereof. 1. 0 C. High schools— for each 30 pupils or fraction thereof. 1. 0 6. Self Service Laundries: Except for those laundries which are for the exclusive use of residents of an apartment complex, mobile home park, or condominium complex. For each washing machine: a. Front load washer: 75 b. Top load washer: 1. 0 7. Restaurants: a. 0— 20 seats 2. 0 b. Each additional unit of 10 seats or fraction thereof. 1. 0 C. Restaurants using disposal plates and utensils ( no automatic dishwasher): 1) 0- 20 seats. 1. 0 2) For each additional unit of 15 seats, or fraction thereof. 1. 0 8. Car Washes: a. Full service ( using recycled water) 30. 0 b. Drive through car wash 10. 0 C. Self- service car wash - per bay 15. 0 d. City Manager, or his or her designee, may adjust upward minimum EDUs based on car wash equipment manufacture' s specifications for peak net discharge rate. 9. Adult Living Facility: a. Facility with a common kitchen - per bed. 0. 30 b. Facility with a kitchen or kitchenette in each room per bed 0. 70 10. Ranch - Residential Multi- Family Facility: a. Occupancy for each 100 residents, or fraction thereof 35. 0 b. Common kitchen and dining, with occupancy for each 100 seats 10. 0 C. With common area laundry facilities with two or more washing machines: 1) Front load washing machines - per machine 0. 75 machines — per machine 1. 0 2) Top load washing 11. Hotels and Motels a. Each unit 0. 4 12. All other commercial and industrial businesses sewer capacity charges shall be established by City Council policy and as may be amended from time to time. Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2016- 8, Amended, 6/ 24/ 16; Ord. No. 2017- 20, Amended & Renumbered, 11/ 14/ 17)

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Section 14. 06. 130 All Other User EDUs

For those commercial or industrial users who do not fall under any of the categories

listed in Section 14. 06. 120 above, the following standards shall apply: A. New users ( parcels without existing Sewer Discharge Permits). For all new users, not listed in Section 14.06. 120 sewer capacity charges will be assessed at the rate of four EDUs for each gross acre*. The user may elect to purchase more EDUs in order to reduce capacity rental charges. The following exceptions to the four EDUs per gross acre rule apply and may be used to reduce the number of EDUs required for a parcel. All parcels must maintain a minimum capacity of one EDU. 1. If the building coverage is less than 20 percent of the lot, the number of EDUs shall be one EDU per 3,300 gross square feet of building area. 2. For projects that are phased, the payment of EDUs can be phased in accordance with the construction based on the percentage of building square footage in each phase. B. Existing users ( users with existing Sewer Discharge Permits). 1. Existing users with a Sewer Discharge Permit who have paid sewer capacity charges and own EDUs for a minimum of four EDUs per gross acre will not be required to pay additional EDUs for interior improvements or exterior building expansions. 2. For buildings that have paid less than four EDUs per gross acre the following rules will apply: a. For interior remodels, no additional EDUs will be assessed. b. For exterior building remodels, additional EDUs will be assessed based on one EDU, or fraction thereof, per each 3, 300 gross square feet up to a maximum of four EDUs per gross acre. Definition — gross acre shall be the total number of acres contained within the entire parcel as measured from the street centerline including easements but excluding dedicated open space.) Ord. No. 1995- 7, Enacted, 6/ 27/ 95; Ord. No. 2009- 10, Amended & Renumbered, 4/ 14/ 09; Ord. No. 2015- 22, Amended, 11/ 10/ 15; Ord. 2017- 20, Amended, 11/ 14/ 17)

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Chapter 14.08

Extension and Enlargement of Sewer Mains

Sections:

14. 8. 010 Application for Extension
15. 8. 020 Cost Estimate
16. 8. 030 Construction Options
17. 8. 040 Design and Construction of Sewer Main
18. 8. 050 Reimbursement for Constructing Excess Sewer Facilities

Section 14. 08. 010 Application for Extension

Any person, other than a subdivider, who desires to extend a sewer main to his property

and construct sewer lateral( s) to the sewerage system, shall file an application for sewer connection( s) with the City Engineer in which he shall describe the area to be served, the approximate length of the proposed extension and any other information as required by the City Engineer or as required by the most current sewer master plan or capital improvement projects with the City of Vista Sewer Design Manual. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 08. 020 Cost Estimate

The applicant shall have a cost estimate for the proposed extension which shall be

submitted by the applicant to the City Engineer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 08. 030 Construction Options

The City Engineer shall select one of the following options:
an amount equal to 130% of the amount A. Deposit with the City Engineer

estimated by the City Engineer and request the City to proceed with the construction of the requested extension, and the City shall refund to the applicant any money in excess of the cost of the sewer main extension 60 days after a Notice of Completion has been filed, provided no claims are made by any subcontractor on the sewer extension project. B. The applicant shall make or cause such sewer extension to be made by a competent, qualified and properly licensed contactor; but, all such work shall be done under the supervision of the City Engineer, and the applicant shall pay to the City all reasonable costs of inspection which shall be determined by the City Engineer. C. The applicant shall also post a faithful performance bond with the City to guarantee the completion of the work and pay such damages that may be caused to the public right- of- way as a result of such construction. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 08. 040 Design and Construction of Sewer Mains

All sewer mains shall be designed and constructed to public standards according to the

most current City of Vista Sewer Design Manual, unless excepted by the City Engineer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Section 14. 08. 050 Reimbursement for Construction of Excess Sewer Facilities

Any person constructing a sewer main or appurtenant facilities to a larger capacity than required by the City standards, at the request or requirement of the City, may apply for reimbursement in the same manner as provided in Vista Municipal Code Section 16. 56. 150. The City Engineer shall make maps, calculations, reports, and recommendations to the City Council in the same manner provided in Section 16. 56. 150. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Chapter 14. 10

Discharge of Industrial Wastes

Sections:

14. 10. 010 Establishment of Rules and Regulations
15. 10. 020 Permit Required
16. 10. 030 Issuance of Permit
17. 10. 040 Violation - Disconnection of Facilities; Reconnection Charge
18. 10. 050 Notice of Intention to Disconnect Premises

Section 14. 10. 010 Establishment of Rules and Regulations

The City Engineer is authorized and empowered to adopt such rules and regulations as

may be deemed reasonably necessary to protect the sewer system and the joint sewer system, to control and regulate the proper use thereof, and to provide for the issuance of permits; provided, however, that the terms and provisions of such rules and regulations shall be promulgated in a manner best directed to result in the uniform control and use of the sewer system, and provided further that such rules and regulations shall not become effective until approved by the City Council, and a copy of such rules and regulations is filed with the City Clerk. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 10. 020 Permit Required

No person shall connect to or otherwise discharge, or caused to be discharged into the

sewer system, any industrial waste unless such person has theretofore filed with the sewer sanitation department of the City a copy of an industrial waste water permit issued by the Encina Wastewater Authority. Provided, however, no such permit shall be required of any person who intends to discharge industrial waste water into the sewer system and an authorized employee of Encina has determined in writing that no industrial waste water permit is necessary. A copy of such a determination shall be provided to the City and filed. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 10. 030 Issuance of Permit

Industrial waste water permits shall be issued by Encina Water Pollution Control Facility

according to the Encina Water Pollution Control Facility regulations. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 10. 040 Violation - Disconnection of Facilities; Reconnection charge

In the event an industrial waste water permit issued by Encina is suspended or revoked for violation of any applicable state, federal, local law, this article, or of any of the adopted rules and regulations, the City Engineer may disconnect from the public sewer any connection sewer, main line sewer or other facility which is constructed, connected, or used without a permit. When a premise has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or has been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Section 14. 10. 050 Notice of Intention to Disconnect Premises

The City Engineer shall give not less than five days notice of intention to disconnect the

premises where no permit has been issued by Encina, or where a permit has been issued, following Encina' s final decision to suspend or revoke the permit. Such notice shall be in writing along with a copy of Encina' s decision to suspend or revoke the industrial waste water permit. Provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of persons or property or for the protection of the sewer system or joint sewer system, any premise discharging industrial waste water may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the county by United States mail, registered or certified, return receipt requested, postage prepaid, by personal service, or by posting such notice on the premises along with mailing a copy to the property owners by registered or certified mail, postage prepaid to the last equalized assessment roll of the county. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Chapter 14. 12

Control and Regulation of Fats, Oils, and Grease

Sections:

14. 12. 010 Purpose and Intent
15. 12. 020 Definitions
16. 12. 030 FOG Discharge Requirements
17. 12. 040 Enforcement of Chapter
18. 12. 050 Prohibitions
19. 12. 060 Pretreatment Requirements
20. 12. 070 Sewer System Overflows and Cleanup
21. 12. 080 Nuisance Declared
22. 12. 090 Grease Control Device Design Requirements
23. 12. 100 Grease Control Device Maintenance Requirements
24. 12. 110 Best Management Practices
25. 12. 120 Monitoring, Reporting, and Record Keeping Requirements
26. 12. 130 Inspection and Sampling Conditions
27. 12. 140 Right of Inspection
28. 12. 150 Notification of Spill
29. 12. 160 Penalty Imposed on District by Regulatory Agencies
30. 12. 170 Penalties for Violation, Enforcement

Section 14. 12. 010 Purpose and Intent

A. It is the purpose and intent of this chapter to establish regulations for the disposal

of fats, oils, grease and other insoluble waste discharges from food service establishments within the city. B. The City Council, in enacting this ordinance, intends to provide for the maximum beneficial public use of the City's sewer system, to prevent blockages of that system and the accidental discharge of wastewater into the storm drain system, to ensure the cost of maintaining the City' s sewer system is equitably distributed among users, to clarify grease disposal requirements for existing food service establishments, and to promote public health and safety. C. In the event of any conflict or inconsistency between the provisions of this chapter and the provisions of the California Plumbing Code as adopted by Chapter 16. 32 of the Vista Development Code, the provisions of this chapter shall govern. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 020 Definitions

As used in this chapter, the following terms as defined:
Administrative Authority" shall mean the City Engineer or any other official( s) as

designated by the City Manager. Authorized Inspector" shall mean an inspector so designated by the administrative authority. Best Management Practices" shall mean the schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of fats, oils, and grease to the sewer facilities.

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Discharger" shall mean any person who discharges or causes a discharge of wastewater or a public sewer. Discharger shall mean the same as user. directly indirectly to Establishment" shall mean commercial or industrial establishments, including, but not limited to, retail food service establishments that may discharge fats, oil and grease. FOG" shall mean fats, oils, and grease. Any substance such as a vegetable or animal product that it is used in, or is a by product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other condition is included in this definition. Food Grinder" shall mean any device installed for the purpose of grinding food waste or food preparation by- products and disposing it in the public sewer system. Also means a garbage disposal. Food Service Establishment" ( FSE) shall mean facilities defined in the California Retail Food Code Section 113789 or which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation, as defined in the California Retail Food Code Section 114149. 1. A limited food preparation establishment is not considered a Food Service Establishment or are establishments that generate FOG when engaged only in reheating, hot holding, or assembly of ready to eat food products and as a result there is a negligible amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food as defined by the California Retail Food Code Section 113791. Domestic homes are not considered food service establishments under this definition. Grease Control Device" shall mean any grease interceptor, grease trap or other approved mechanism, device or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. shall mean a multi- compartment device that is Gravity Grease Interceptor" constructed in different sizes and is generally required to be located, according to the current edition of the California Plumbing Code, underground between any establishment, including food service establishments that generate FOG, and the connection to the sewer system. Hydromechanical Grease Interceptors," ( HGI) commonly referred to as grease traps, shall mean a device that is designed to retain grease from one to a maximum of four fixtures. HGls serve individual fixtures. Infiltration" shall mean water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections,

or manhole walls. Inflow" shall mean water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows. Manifest" shall mean that receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the City. New Construction" shall mean any structure planned or under construction for which a sewer connection permit has not been issued. Owner" includes a holder in fee, life tenant, executor, administrator, trustee, and guardian or fiduciary, lessee or licensee holding under any government lease or license of real property. Person" shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. Remodeling" shall mean a physical change or operation change causing generation of the amount of FOG that exceed the current amount of FOG discharge to the sewer system by the food service facility in an amount that alone or collectively causes or creates a potential for sewer system overflows to occur; or requires a building permit and involves any one or

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combination of the following: ( 1) under slab plumbing in the food processing area, ( 2) a thirty percent increase in the net public seating area, ( 3) a thirty percent increase in the size of the kitchen area, or ( 4) any change in the size or type of food preparation equipment. Sample Point" shall mean a location approved by the City, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled. Sampling Facilities" shall mean structure( s) provided at the user' s expense for the City or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. Sewer or Sewer System" shall mean any and all facilities used for collecting, of wastewater and sludge. This definition includesconveying, pumping, treating, and disposing but is not limited to any property belonging to the City used in the treatment, reclamation, reuse, transportation, or disposal of wastewater or sludge. Sewer Lateral" shall mean a building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building' s wastewater facilities and a public sewer system. Sewer System Overflow" ( SSO) shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sewer system or sewer lateral. Sludge" shall mean any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility. Waste" shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. Wastewater" shall mean the liquid and water- carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public

sewer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 030 FOG Discharge Requirement

No establishment shall discharge or cause to be discharged into the sewer system FOG

that accumulates and/ or causes or contributes to blockages in the sewer system or at the sewer lateral, which connects the establishment to the sewer system. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 040 Enforcement of Chapter

The City Engineer or his/ her designee is responsible for enforcement of this chapter and for all determinations of compliance with it. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 050 Prohibitions

The following prohibitions shall apply to food service establishments that generate FOG:
A. Installation of food grinders in the plumbing system of new construction of any

food service establishment that generate FOG, is prohibited. Furthermore, all food grinders must be removed from existing food service establishments that generate FOG, as determined by the City Engineer, within 90 days of written notice to remove.

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B. Introduction of any additives into any establishment' s wastewater system for the

purpose of emulsifying FOG is prohibited.

C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking

oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal. D. Discharge of wastewater from dishwashers to any grease control device is prohibited. E. Discharge of wastewater with temperatures in excess of 140° F to any grease control device, including grease traps and grease interceptors, is prohibited. F. The use of biological additives for grease remediation or as a supplement to grease control device maintenance is prohibited, unless written approval from the City Engineer is obtained. G. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease control device service, or vice versa, is prohibited. H. Discharge into the sewer system of any waste which has FOG as well as solid materials removed from the grease control device is prohibited. Grease removed from grease control devices shall be wastehauled periodically as part of the operation and maintenance requirements for grease control devices. Licensed wastehaulers or an approved recycling facility must be used to dispose of FOG, including waste cooking oil. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 060 FOG Pretreatment Required

A. All new food service establishments are required to install, operate and maintain an approved type and adequately sized gravity grease interceptor necessary to maintain compliance with the objectives of this chapter. Existing food service establishments with no grease control device shall install, operate and maintain an approved type and adequately sized gravity grease interceptor upon change of ownership or if a food service establishment undergoes remodeling or a change in operations as defined in Section 14. 12. 020. B. The gravity grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from any establishment prior to discharge to the sewer system consistent with the gravity grease interceptor requirements of this chapter. C. Property owners of commercial developments or their official designee( s) shall be responsible for the installation and maintenance of the gravity grease interceptor serving multiple establishments that are located on a single parcel. D. Alternative to Gravity Grease Interceptor Requirement: An alternative from the gravity grease interceptor requirements allows alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a gravity grease interceptor, may be approved for food service establishments. Additionally, an alternative from the gravity grease interceptor requirement may be approved to food service establishments demonstrating that it is impossible or impracticable to install, operate or maintain a gravity grease interceptor. The City Engineer' s determination to approve an alternative method will be based upon, but not limited to, evaluation of the following conditions: 1. The availability of adequate space for installation and/ or maintenance of a gravity grease interceptor. 2. The availability of adequate slope for gravity flow between the kitchen plumbing fixtures and the gravity grease interceptor and/ or between the gravity grease interceptor and the private lines and public sewer collection lines.

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3. The food service establishment can justify that the alternative

pretreatment technology is equivalent to or better than a gravity grease interceptor in controlling its FOG discharge. In addition, the food service facility must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system. E. Food service establishments with an approved alternative to gravity grease interceptor will be required to install HGIs or approved alternative pretreatment technology in the waste line leading from drains, sinks, and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 070 Sewer System Overflows and Cleanup Costs

Establishments found to have contributed to a sewer blockage, SSO, or any sewer

system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a gravity grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. If the City must act to contain and/ or cleanup an SSO caused by blockage of a private or public sewer lateral or system, or at the request of the property owner or operator of the establishment, or because of the failure of the property owner or establishment to abate the condition causing a threat to the health, safety, welfare, or property of the public, or because of an unauthorized discharge of FOG, the City's costs for such abatement will be entirely borne by the property owner or operator of the establishment, and said cost will constitute a debt to the City and become due and payable upon the City' s request for reimbursement of such costs. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 080 Nuisance Declared

SSOs may cause threat and injury to the public health, safety, and welfare of life and

property and are hereby declared public nuisances. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 090 Gravity Grease Interceptor Design Requirements

A. General provisions. 1. The installation of a proper grease control device shall be the responsibility of the user who applies for sewer service and the user whose operations cause or contribute to the necessity for the grease control device. 2. Grease control devices shall be installed, utilized, and properly maintained for continuous and efficient operation at all times and at the expense of the user. 3. The administrative authority shall approve the type, capacity and construction of all grease control device in writing prior to installation. 4. A common gravity grease interceptor shared by multiple businesses can be utilized if specifically authorized by the administrative authority and upon evidence of legal operating and maintenance agreements between the involved property owners. 5. Grease control devices no longer in use shall be abandoned in accordance with the California Plumbing Code.

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B. Design.
1. Grease control devices for food service establishments shall be sized and

designed in compliance with the California Plumbing Code, unless otherwise specified herein. 2. Other factors that may influence the design include, but shall not be limited to the following: a. The type of facility ( such as a restaurant, bakery, food processing factory, etc.). b. The volume of the user' s business or operation ( such as number of meals served, number of seats, hours of operation, etc.). C. The peak flow of process wastewater discharged to the sewer

sanitation system. d. Size and nature of facilities ( including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used. e. The type of service provided or operation undertaken ( such as dine- in meal service versus carry-out meal service). f. The type of foods or other materials used in cooking, processing or manufacturing operations conducted within the facility. g. The overall potential for grease- laden discharges. h. The existence of devices, procedures or processes designed to minimize the amounts of FOG from entering the sewer system. 3. All gravity grease interceptors shall be certified by the International Association of Plumbing and Mechanical Officers ( IAPMO), or another listing agency approved by the City Engineer, and be installed according to the California Plumbing Code. 4. All gravity grease interceptors shall include an effluent sample box of a type and size approved by the administrative authority. 5. Inspection by the Building Official, or an authorized building inspector, of installed interceptors and piping prior to backfilling is required. Installation shall meet the requirements of the California Plumbing Code. 6. Gravity grease interceptors shall have a cleanout installed after the sample box on the private lateral and at intervals required by the California Plumbing Code. 7. All manholes and sample boxes are to be installed a minimum of one- half inch above the finished grade with a sloped concrete collar in accordance with City of Vista Standard Drawings around the manhole and sample box lids and comply with disabled access requirements. C. Required Connections to grease control devices. All three- compartment sinks, scullery ( preparation) sinks, floor drains, and mop sinks along a cook line, prewash sinks at dishwashing stations, and all other fixtures that contribute grease into the wastewater system shall be connected to a grease control device. D. Prohibited Connections or Additives to Grease Control Devices. 1. Final rinse discharge from automatic dishwashers shall not be connected to the interceptor. 2. The use of any additives, such as chlorinated solvents, or any other additives that causes the emulsification of grease, are strictly prohibited from use in any type of grease control device. E. Plan Review. 1. Applicants or users shall be required to submit copies of detailed facility proposed grease control devices, pretreatment facilities, spill containment facilities, and operating procedures, to the Community Development Department. Facility plans shall also include site plans, floor plans, mechanical and plumbing plans, and details to show all wastewater plumbing, spill containment, and appurtenances by size, location, and elevation.

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The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or discharge, and to meet the requirements of this chapter or any requirements of other regulatory agencies. 2. The City may require drawings and calculations to be prepared by a licensed and registered professional engineer. Any false information or misleading calculations submitted shall be the responsibility of the user. 3. The design, location and procedures for operation and maintenance of a required grease control device shall be approved by the administrative authority. Such approval shall be obtained prior to the user' s connection of the facility to the public wastewater system. 4. No food service establishment or other identified user shall be constructed except according to plans and specifications approved by the administrative authority. 5. Approved plans and specifications shall not be changed or altered without written approval by the administrative authority. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 100 Gravity Grease Interceptor Maintenance Requirements

A. Any user who is required by the City Engineer or the ordinance codified in this chapter to install or operate a grease control device shall be required to adequately maintain the grease control device at user' s expense, so that the grease control device is in proper working order at all times. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, sludge, and solids. Decanting or discharging of removed waste back into the grease control device from which the waste was removed or into any other grease control device, for the purpose of reducing the volume to be hauled is prohibited. B. All grease control devices shall be cleaned out completely by a permitted waste hauler as necessary to assure that the grease control device will operate as designed at all times or as otherwise specified by the City Engineer. C. The use of additives, directly or indirectly injected to the plumbing or sewer system, to emulsify grease and/ or oil is specifically prohibited. D. The use of biological additives as a supplement to grease control device maintenance, including the addition of micro- organisms, may be authorized by the City Engineer and approval shall be obtained in writing prior to the use of such additives. E. A maintenance log indicating each pumping of a grease control device for the previous 12 months and any other pertinent information shall be maintained by each establishment. This log shall include, but not be limited to, date, time, amount pumped, hauler, and disposal site, and the log shall be kept in a conspicuous location for inspection by the City Engineer or an authorized inspector during normal business hours. F. All users must sign a waste manifest form before having waste load transported by a permitted hauler. The user shall also keep copies of the manifest form for a period of at least five years, and make all manifest records available for inspection by the City Engineer during normal business hours. G. All waste removed from a grease control device must be disposed at a facility permitted by the County of San Diego or applicable regulatory agencies to receive such waste. The waste shall not be returned to the public sewer system or manhole, any private wastewater system or storm drains. H. All grease control devices shall be located as to be readily and easily accessible for cleaning, inspection, and removal of intercepted waste. I. Any fixture connected to a grease control device shall have a nonremovable, secured food strainer of such integrity to withstand daily operational usage. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

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Section 14. 12. 110 Best Management Practices

A. Generally. All establishments shall implement Best Management Practices in its operation to minimize the discharge of FOG to the sewer system. B. Drain screens. 1. Drain screens shall be installed on all drainage pipes in food preparation and kitchen areas for existing food service establishments within 90 days from the effective date of this ordinance. 2. Drain screens shall be installed on all drainage pipes in food preparation and kitchen areas for all new food service establishments. C. Waste cooking oil. 1. All waste cooking oil shall be collected and stored properly in recycling barrels or drums. 2. Such recycling barrels or drums shall be maintained appropriately to ensure they do not leak. 3. Licensed haulers or approved recycling facility must be used to dispose of waste cooking oil. D. Food waste. All food waste shall be placed in enclosed plastic bags and disposed of directly into the trash or garbage, and not in sinks or toilets. E. Kitchen exhaust filters shall be cleaned as frequently as necessary to be maintained in good operating condition, but in no event less than one time per month. F. Kitchen exhaust filters and floor mats shall not be washed in dishwasher. G. Employee training. 1. Employees of the food service establishment shall be trained within 180 days from the effective date of this ordinance and twice each calendar year thereafter, on the following subjects: a. How to " dry wipe" pots, pans, dishware and work areas before washing to remove grease; b. How to properly dispose of food waste and solids in plastic bags and securely close such bags prior to disposal in trash bins or containers to prevent leaking and odors; C. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped; and d. How to properly dispose of grease or oils from cooking equipment into a grease barrel or drum without spilling. shall be documented and employee signatures retained 2. Training indicating each employee' s attendance and understanding of the practices. 3. Training records shall be available for review at any reasonable time by the authorized inspector. H. All best management practices shall be posted conspicuously in the food preparation and dishwashing areas at all times. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 120 Monitoring, Reporting, and Record Keeping Requirements

A. Monitoring and reporting requirements.
1. The City Engineer may require periodic reporting of the status of

implementation of Best Management Practices.

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2. The City Engineer may require visual monitoring at the sole expense of

the establishment which generates FOG to observe the actual conditions of any establishment' s, including food service establishments that generate FOG, sewer lateral and sewer lines downstream. 3. The City Engineer may require reports for self-monitoring of wastewater constituents and FOG characteristics for the establishment needed for determining compliance with this chapter. Failure by the establishment to perform any required monitoring, or to submit monitoring reports required by the City Engineer constitutes a violation of this chapter and be cause for the City to initiate all necessary measures and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in this chapter. The establishment shall be responsible for any and all expenses of the City in undertaking such monitoring analyses and preparation of reports. 4. Other reports may be required such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the City Engineer to ensure compliance with this chapter. B. Record keeping requirements. 1. Establishments shall be required to keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/ from the grease control device, disposal carrier and disposal site location for no less than five years. The establishment shall, upon request, make the manifests, receipts and invoices available to the City Engineer or his designee. These shall include:

a. A logbook of grease control device cleaning and maintenance

practices. b. A record of Best Management Practices being implemented including employee training. C. Copies of records and manifests of waste hauling grease control device contents and/ or waste cooking oil disposal. d. Records of sampling data and sludge height monitoring for FOG and solids accumulation in grease control devices. e. Any other information deemed appropriate by the City Engineer to ensure compliance with this Chapter. C. Falsifying information or tampering with grease control device. 1. It shall be unlawful to make any false statement, representation, record, report, plan or other document that is filed with the City. 2. It shall be unlawful to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required by this chapter. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 130 Inspection and Sampling Conditions

A. The City Engineer or his designee may inspect or order the inspection and

sample the wastewater discharges of any establishment subject to this chapter to ascertain whether the provisions of this chapter are being met. The establishment shall allow the City Engineer or his designee access to the premises, during normal business hours, for purposes of inspecting the establishment' s grease control devices or interceptor, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor. B. The City Engineer or his designee shall have the right to place or order the placement on the establishment' s property or other locations as determined by the City Engineer, such devices as are necessary to conduct sampling or metering operations.

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Where any establishment has security measures in force, the establishment shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities. C. Persons or occupants of premises where wastewater is created or discharged shall allow the City Engineer or his designee reasonable access to all parts of the wastewater generating and disposal facilities for the purpose of inspection and sampling during all times the discharger' s facilities are open, operating, or any other reasonable time. D. In order for the City Engineer to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge, the establishment shall make available for inspection and copying by the City all notices, monitoring reports, waste manifests, and records not limited to, those related to wastewater generation, and including, but wastewater disposal. All such records shall be kept for a minimum of four years. 1. Sampling and inspection of any establishments, including food service establishments, that generate FOG shall be conducted in the time, place, manner and frequency determined at the sole discretion of the City Engineer. 2. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 140 Right of Inspection

Food service establishments shall be open and available for inspection by an authorized

inspector at all times during normal business hours to ensure that the operation and maintenance of the food service establishment complies with the requirements of this chapter. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 150 Notification of Spill

A. In the event an establishment is unable to comply with any permit condition or provision of this chapter due to a breakdown of equipment, accidents, or human error or the establishment has reasonable opportunity to know that his/ her/its discharge will exceed the discharge provisions of this chapter, the discharger shall immediately notify the City Engineer by telephone. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the City. B. Confirmation of this notification shall be made in writing to the City Engineer no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to prevent the problem from recurring. C. Such notification shall not relieve the establishment of any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to persons or property; nor shall such notification relieve the establishment of any fees or other liability which may be imposed by this chapter or other applicable law. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

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Section 14. 12. 160 Penalty Imposed on City by Regulatory Agencies

Any person who discharges a waste which causes or contributes to the City violating its

discharge requirements established by any regulatory agency with jurisdiction over the City incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the City, including regulatory fines, penalties, and assessments made by other agencies or a court. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

Section 14. 12. 170 Penalties for Violations; Enforcement

Failure to comply with the provisions of this chapter may result in one or more of the

following: A. Notice of noncompliance may be issued with a specified period for correction. B. Administrative citations may be issued for violations in the amounts and manner set forth in Chapter 1. 13 of this code. C. A misdemeanor complaint may be filed in accordance with Chapter 1. 16 of this code. D. Sewer service may be disconnected as described in Section 14. 01. 090 of this code. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09; Ord. No. 2014- 1, Amended 1/ 14/ 14)

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Chapter 14. 14

Private Sewer Laterals

Sections:

14. 14. 010 Purpose and Intent
15. 14. 020 Definitions
16. 14. 030 Application within the City
17. 14. 040 Property Owner Responsibility
18. 14. 050 Standard of Maintenance
19. 14. 060 Notice and Required Corrections
20. 14. 070 Repair and Replacement
21. 14. 080 Enforcement and Remedies

Section 14. 14. 010 Purpose and Intent

A. It is the purpose and intent of this chapter to establish regulations for the

maintenance, repair, and replacement of private sewer laterals within the city. B. It is the further purpose and intent of this chapter to increase public awareness of private sewer systems and the impact of sewer spills on public health and the environment, to prevent blockages of the sewer system and accidental discharge of wastewater into the storm drain system, to provide for the maximum beneficial use of the City' s sewer system, to ensure the regulations are equitably implemented throughout the city, and to protect public health, safety, welfare and the environment. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 020 Definitions

are defined. To the extent not For the purposes of this chapter, the following terms inconsistent with the provisions of this chapter, terms defined in the Plumbing Code shall apply. Authorized inspector" means an inspector so designated by the City Engineer. Building Code" means the most recent edition of the California Building Code as adopted ( with or without amendments) by the City. Common interest development" means a development characterized by individual ownership of a housing unit or parcel coupled with the shared ownership or right to use common areas and facilities, including, but not limited to, condominium projects, community apartment projects, stock cooperatives, and planned developments. Corrected grace period" means a period of 180 days from the earlier of: A. The date of issuance of a notice of participation to a private property owner. B. The date of video inspection of a sewer lateral related to a private property building remodel, a common interest development, or a multi- unit complex sewer lateral system. Corrective measures" means appropriate actions taken by a property owner to maintain a fully functional private sewer lateral. Corrective measures may include, but are not limited to, video inspection, a program of scheduled cleaning, repair or replacement of a private lateral. Any repairs or line replacement must be made in accordance with Title 14 of this code and the Plumbing Code. Failure to act" means a situation in which a private property owner has been notified by the City or has knowledge that the property' s sewer lateral may not be fully functional and has failed to make an objective good faith effort to properly maintain a fully functional private sewer lateral servicing the owner's property, and a sanitary sewer overflow has occurred.

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private sewer lateral" means a private sewer lateral that is Fully functional structurally sound, free of impediments, is maintained in a safe and sanitary condition, does not cause an obstruction within the public sewer, and does not constitute a public nuisance. Multi- unit complexes" means a development consisting of a building or buildings or portion thereof designed or used exclusively for multiple family residential occupancy, including, but not limited to, apartments, apartment houses, and duplexes, and excluding common interest developments. Notice of participation" means a written notification from the City advising a property owner of corrective measures that may be taken by the property owner to ensure the private sewer lateral is fully functional. Plumbing Code" means the most recent edition of the California Plumbing Code as adopted ( with or without amendments) by the City. Private property building remodels" means all construction projects including additions, alterations, or repairs that require a building permit, and that either: A. Involve a bathroom, kitchen or laundry facility. B. Constitute a valuation of 40 percent or greater. For purposes of this subdivision, valuation" means the estimated cost to replace a building and structure in- kind, based on the current replacement costs as established in the City' s resolution for computation of building permit fees. Private sewer lateral" means that portion of a private property's building sewer as defined by the Plumbing Code, and is further defined as piping of a drainage system that extends from the end of the building drain to the public sewer, which includes the connection to the public sewer. Public sewer" means a common sewer directly controlled by the City. Qualified plumber" means: A. A company or plumber that meets the qualifications to participate in a City private sewer lateral program. B. A company or plumber with a valid City business license and the appropriate licensure, as required by the state, to provide private sewer lateral services, including video inspection, cleaning, maintenance, repair, and connection to the public sewer. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 030 Application within the City

These rules shall apply to every private sewer lateral in the city that is directly connected

to a public sewer for which the City has maintenance responsibility. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 040 Property Owner Responsibility

A. Every property owner whose property is serviced by a private sewer lateral shall be responsible for all preventative and corrective maintenance activities for the private sewer lateral including the connection to the public sewer, which may include, but is not limited to, cleaning, repair or replacement of the line and connection joint. B. A property owner shall complete necessary corrective measures within the corrective grace period to ensure that the private lateral is fully functional. C. The City Engineer shall have the authority to, in his or her sole and absolute discretion, extend the correction grace period if a property owner makes a request for an extension of time and presents good cause for the request. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Section 14. 14. 050 Standard of Maintenance

A. All private sewer laterals, whether existing as of the effective date of this chapter

or hereafter constructed, shall be operated and maintained by the private property owner in accordance with the requirement set forth is Section 14. 02. 020 of this code. B. The City Engineer shall be authorized to, in his sole and absolute discretion, require additional information from a property owner and to inspect corrections or repairs to assure that such work has been performed in accordance with all applicable rules and codes. If the City Engineer determines that a correction or repair is inadequate, then the City shall notify the property owner and the property owner shall be responsible for completing the necessary further corrections or repairs. The City shall provide notice to the property owner upon the City' s acceptance of the corrections or repairs. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 060 Notice and Required Corrections

A. Where City inspection and/ or investigation reveals that a property' s private sewer

lateral may not be functional, the City shall provide the property owner with a written notice of violation and advising the property owner of the corrective measures that should be taken. B. The property owner may contact a qualified plumber to have the private sewer lateral inspected and, if necessary, cleaned or repaired. C. If the inspection demonstrates that the private sewer lateral is functional and that cleaning, repair or replacement is not necessary, then no corrective measures shall be required. D. If the inspection demonstrates that the private sewer lateral is not functional, then the property owner is responsible to take the corrective measures within the correction grace period to make the line fully functional. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 070 Repair and Replacement

A. Every property owner is required within the correction grace period to make the

private sewer lateral serving the property fully functional as described in this code. B. Repair and replacement of a private sewer lateral requires a City plumbing permit for the work on private property and an encroachment permit for work within a public right-of- way, which includes the connection to the public sewer. Prior to issuance of a permit by the City to complete corrective measures, the property owner shall submit a plot plan indicating the location of the private sewer lateral line and the proposed corrective measures. A final inspection of the work by the City' s authorized inspector is required as part of the City' s permitting process. C. Spot repairs. If only a portion of the private sewer lateral is defective, the owner may elect to perform a spot repair. Upon completion of the repair, the private sewer lateral shall be tested and must pass the requirements of the Plumbing Code and City standards. D. New or replaced sewer laterals. All new or replaced private sewer laterals shall be approved, designed, and constructed in accordance with Title 14 of this code and the Plumbing Code. 1. All new and replaced private sewer laterals and pipe joint connections shall be constructed using materials approved by the director and are designed to prevent root intrusion for the life of the product. 2. All new or replaced private sewer laterals shall include a cleanout located at or near the property line. The cleanout shall be designed and constructed in accordance with Title 14 of this code and the Plumbing Code.

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3. Upon completion of the line replacement, the private sewer lateral shall

be tested and must pass the requirements of the Plumbing Code and City standards. E. Private sewer laterals that have been installed or replaced and are less than ten years old, are exempt from the provisions of this code. It is the property owner' s responsibility to submit to the City proof of installation or replacement of a private sewer lateral. This ten- year period is in effect unless a City inspection and/ or investigation reveals that a property's private sewer lateral may not be functional as specified in this code. F. When the necessary corrective measures have been completed within the correction grace period, the property owner may provide the City with documentation of the corrective measures taken. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 14. 080 Enforcement and Remedies

A. A public nuisance in accordance with Chapter 8. 36 of this code shall be deemed

to exist upon failure to act as defined in Section 14. 14. 040 of this chapter. 1. The City shall investigate all sewer overflows from private property to determine whether a failure to act has occurred. 2. The City Manager, or his or her designee, shall determine whether or not a failure to act has occurred and what enforcement action, if any, may be appropriate. B. A failure to act or a violation of the provisions of this chapter by a private property owner may result in one or more of the following: 1. A notice of noncompliance may be issued with a specified period for correction. 2. An administrative citations may be issued for violations in the amounts and manner set forth in Chapter 1. 13 of this code. 3. The City Council may impose a fine of up to ten dollars per gallon of spilled sewage and up to $ 10, 000 a day for a closure of a public property as a result of a spill from private property. 4. A misdemeanor complaint may be filed in accordance with Chapter 1. 16 of this code. 5. Sewer service may be discontinued as described in Section 14. 01. 090 of this code. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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Chapter 14. 16

Septic Tank Systems

Sections:

14. 16. 010 General Restrictions
15. 16. 020 Requirements for Septic Tank Systems
16. 16. 030 Connection to Public Sewer System
17. 16. 040 Application Procedures - Existing Lots
18. 16. 050 Authority to Adopt by Resolution

Section 14. 16. 010 General Restrictions

A. No septic tank system shall be installed or constructed unless the public sewer system is not adjacent to the proposed development and the local sewer agency or City Engineer determines that extension of the public sewer system is not feasible. B. No septic tank system shall be installed or constructed unless it meets all of the requirements of this chapter and Chapter 3 of Division 8 of Title 6 of the San Diego County Code of Regulatory Ordinance as adopted by reference. C. A septic tank system shall be the only acceptable alternative method of sewage disposal when connection to the public sewer is not available. D. No septic tank effluent disposal system other than conventional leach lines or seepage pits may be constructed or installed on any lot or parcel. E. No sewage other than domestic sewage may be discharged into any septic tank system. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 16. 020 Requirements for Septic Tank Systems

The following requirements shall be met prior to approval of the construction or

installation of a septic tank system: A. Each newly created lot or parcel to be used for residential purposes which is to be served by a septic tank system shall have a minimum area of 15, 000 feet per dwelling unit or as required by the applicable zoning ordinance, whichever is greater. B. Each newly created lot or parcel to be used for industrial or commercial purposes which is to be served by a septic tank system shall have a minimum area of one acre. C. The minimum lot or parcel areas required by this section shall not include: 1. Panhandle" areas of a lot. 2. Slopes in excess of 25 percent. 3. Deep fills or ravines. D. Each septic tank system shall conform to all the current rules, regulations, policies, codes, and ordinances of the county. E. Each lot or parcel which is to be served by a septic tank system shall have an additional area suitable for expansion of the system equivalent to at least 100 percent of the total area used for the initial leach line or seepage pit installation. F. A septic tank system permit shall be obtained from the County Department of Public Health and one copy of this permit shall be submitted for each lot or building at the time the building plans are submitted to the Community Development Director for plan check.

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G. The public sewer system shall be extended for future use to within one foot of a septic system. The sewer line shall beeach lot or parcel, which is to be served by constructed in a manner and location approved by the City Engineer or local sewer agency. This requirement may be waived if the City Engineer determines that extension of the public sewer system is not feasible. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 16. 030 Connection to Public Sewer System

A structure or lot being served by a septic tank system may not obtain a sewer

connection permit as long as the city has no available sewage treatment capacity as may be determined by the City Manager, unless the City Engineer and the County Public Health Officer have determined that the existing septic tank system has failed and constitutes a health hazard and that there is no additional area available for expansion of the existing system and that the existing system cannot be repaired. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 16. 040 Application Procedures — Existing Lots

A. Before the applicant submits plans to the Community Development Director, the

applicant shall submit to the City Engineer the following: 1. A letter requesting City approval for use of a septic tank system. 2. Soil conditions of trench or seepage pits and percolation test reports for each lot. 3. Two copies of proposed development plans including a plot plan showing the size and placement of all buildings and a preliminary grading plan. 4. In addition, for commercial and industrial zoned property, the applicant shall also permit proposed use( s), area( s), and estimated sewage flow for each building. 5. Such other information as may be required by the City Engineer. B. The City Engineer shall review the information and will issue a letter approving or disapproving the use of the proposed septic tank system. The decision of the City Engineer shall be final. C. At the time of the submission of the letter requesting City approval, the applicant shall pay to the Engineering Department a processing fee as may be adopted by the City Council by resolution for each commercially or industrially zoned lot for which the septic system is proposed. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

Section 14. 16. 050 Authority to Adopt by Resolution

The City Council shall have the authority to adopt by resolution any additional

requirements for the installation and construction of septic tanks as it may determine are necessary for the protection, health, and welfare of the public. Ord. No. 2009- 10, Amended & Readopted Title 14 in its Entirety, 4/ 14/ 09)

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MUNICIPAL CODE INDEX Adult- oriented business performer license