Walnut Creek Municipal Code Art. 1 General Provisions

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

a.

Garbage

means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

b.

Refuse

means putrescible animal and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, accumulations of filth or decaying animal excrement, dead animals, abandoned automobiles and solid market and industrial wastes.

c.

Rubbish

means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, non-composted yard clippings, crockery and similar materials.

d.

Recyclable materials

means any paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, and any other recyclable material, including yard trimmings and other material suitable for home composting, which has been segregated from other waste material by means of placing such material in separate containers, by binding such material separately from other waste material or by other such physical separation from other waste material.

e.

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, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, although no hazardous waste as defined in section 66714.8 of the Government Code shall in any instance be considered solid waste.

f.

Compost

means the sanitary collection and maintenance of decaying vegetative material in a bin or other collection device for purposes of producing fertilizer for non-commercial purposes.

g.

Designated recyclable materials

shall mean recyclable materials which are subject to a City franchise agreement.

h.

Non-designated recyclable materials

shall mean recyclable materials which are not subject to a City franchise agreement.

(4200, as amended by § 1, Ord. 1278, eff. May 26, 1976; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

It shall be the duty of every person owning or controlling any dwelling, flat, boardinghouse, lodginghouse, restaurant, hotel, apartment, eatinghouse or place of business where food is sold for human consumption, either on or off the premises, to provide and maintain at all times in a place easily accessible to the garbage collector, and where it will not be a public nuisance or in any degree offensive, a watertight plastic or metallic can or metal-lined box, with suitable bail or handles, and a tight-fitting cover, having a capacity of not less than ten nor more than sixty gallons, in which shall be placed all garbage accumulated on the premises. However, persons living in the same apartment house may use a single garbage receptacle in common.

(4201; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

It is unlawful for any person to burn or bury any garbage in any yard or open space within the City.

(4202; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

No person shall throw or deposit refuse on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that refuse will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(4203; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

The owner or person in control of any private property shall at all times maintain the premises free of refuse. However, this section shall not prohibit the storage of refuse in authorized private receptacles for collection nor shall it prevent the maintenance of home composting for the purpose of recycling yard debris and kitchen refuse in a manner which does not promote or result in any unsanitary condition or foul odor.

(4203; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

No person shall throw or deposit refuse on any open or vacant private property within the City, whether owned by such person or not.

(4205; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990)

a. Notice to Remove. The Community Development Director is hereby authorized and empowered to notify the owner of any open or vacant private property within the City, or the agent of such owner, to properly dispose of refuse located on such owner's property which refuse is dangerous to the public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner at his last known address.

b. Notice Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of refuse dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice as provided for in subsection a of this section, or within thirty (30) days after the date of such notice in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Community Development Director is hereby authorized and empowered to pay for the disposing of such refuse or to order its disposal by the City.

c. Charge Included in Tax Bill. When the City has effected the removal of such dangerous refuses or has paid for its removal, the actual cost thereof, plus reasonable overhead charges as determined by the Community Development Director, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work if not paid, shall be charged to the owner of the affected property and shall constitute a special assessment against the property to be collected in the manner provided by law for the collection of municipal taxes.

(4206, as amended by §§ 1 & 2, Ord. 840, eff. 6/17/1966; § 15, Ord. 1143, eff. 8/30/1972; § 1, Ord. 1721, eff. 7/28/1989; § 1, Ord. 1734, eff. 1/5/1990; § 1, Ord. 1746, eff. August 10, 1990)