Watsonville Municipal Code Art. 2 City Utility Service General Provisions

In order to promote and protect the public health and safety, the City reserves unto itself the exclusive right to collect, transport, dispose of, or cause to be collected, transported, or disposed of, all solid waste produced or found within the City; to furnish water and sewer services, all in accordance with the provisions of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

(a) In order to meet the requirements of the California Integrated Waste Management Act of 1989 [Public Resources Code Section 40000, et seq.], including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste generated within the City, and to encourage recycling.

(b) Public Resources Code Section 40059 authorizes the City to determine all aspects of solid waste materials handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services.

(c) Public Resources Code Section 49501 provides that the City may reserve unto itself the exclusive right to provide solid waste handling services of any class or type within all or part of the territory of the City.

(d) In order to conserve water and lessen the impact on limited water resources, it is necessary that the City implement water conservation programs and rate structures that provide incentives to conserve and prevent waste of water.

(e) It is necessary that the City implement storm water management and urban runoff programs in order to reduce pollutants in storm water discharges to the maximum extent practicable to ensure the health, safety, general welfare of citizens, protect and enhance the water quality of watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

For the protection of public health, safety and welfare, all City utilities are mandatory for all residential units, commercial units, and industrial units located within the City limits. The Director shall determine the appropriate level of service.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Whenever there is reasonable cause, the Director may enter any building or enter upon any property to inspect, enforce or determine compliance with any provision of this chapter. The Director may enter such building or property at all reasonable times. If such building or property is occupied, the Director shall first present proper credentials and request entry. If such building or property is unoccupied, the Director shall first make a reasonable effort to contact the owner or other persons having charge or control of the building or property. The Director shall have the right to install such devices as are necessary to sample, monitor, or meter operations and/or review and copy any and all records relating to the implementation and enforcement of this chapter. Routine or area inspection shall be based upon reasonable selection processes as may be deemed necessary by the Director to carry out the objectives of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

The owner shall be responsible for any damage, to equipment or facilities owned by the City, caused by an act or omission of the owner, customers, tenants, agents, employees, or invitees.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

It shall be unlawful for any person to negligently or willfully violate any provision of this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

The City is not responsible for damage to paved surfaces resulting from the City providing utility services to any customer.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of this chapter. The Council hereby declares that it would have passed this chapter and each section, subsection, paragraph, sentence, clause or phrase which is part hereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

The City shall have the right to refuse or to discontinue City utility service to protect itself against fraud or abuse.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

The Director of Public Works shall be and is authorized and directed to promulgate such rules and regulations as they may deem to be necessary to enforce the regulations established by this chapter.

(§ 1, Ord. 1437-22 (CM), eff. October 13, 2022)