Wheatland Municipal Code Ch. 8.14 Mandatory Refuse Collection

The purpose of this chapter is to:

A. Provide for the public health of the residents of the City of Wheatland;

B. Eliminate collections of refuse which serve as a breeding ground for rodents and flies;

C. Prevent the accumulation of refuse on properties within the city so as to constitute an aesthetic and health nuisance; and

D. Provide for the general welfare of the citizens of the City of Wheatland.

E. Comply with Division 30 (commencing with Section 40000) of the Public Resources Code (as adopted by Assembly Bill 939) and the recycling goals set forth therein.

(Ord. 343 § 1, 1991; Ord. 355 § 5, 1995)

Within areas, as hereinafter defined, of the City of Wheatland refuse pickup is mandatory.

(Ord. 343 § 1, 1991)

Unless the context otherwise specifies or requires, the terms defined in this section shall for all purposes of this chapter have the meanings specified in this section:

"Areas"

means any and all geographical areas located in the City of Wheatland such as boundaries now or may hereafter exist.

"City manager"

means the city manager of the city or his or her designated agent.

"Collector"

means any refuse disposal company with whom the city has contracted to provide the residents and property owners of the city with refuse collection for a particular area.

"Owner"

means the legal owner of any property subject to this chapter.

"Refuse"

means:

Recyclables;

Garbage or other refuse including, without limitation, accumulations of animal, fruit, or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables, and containers originally used for foodstuffs;

Lawn and garden refuse such as leaves, grass cuttings, roots and weeds from which the soil has been removed;

Trimmings from trees or shrubs, plants and similar materials;

Construction and demolition debris and other trash and rubbish normally disposed of in a Class 3 landfill, as defined by the state regulations.

(Ord. 343 § 1, 1991; Ord. 412 § 2, 2009)

A. The periodic collection of refuse from areas in the city benefits occupants of places and premises in the areas and promotes and protects the health, safety and welfare of all residents of the city. Therefore, refuse collection services provided by the collector are mandatory for all owners of property within the areas in or from which refuse is created, accumulated or produced; provided, however, that there may be joint or multiple use of refuse containers subject to securing a permit therefor from the city manager.

B. It is unlawful for any person other than the collector or employees of the city for compensation to collect, remove or dispose of refuse within the areas on a regularly scheduled basis; provided, however, that nothing contained in this chapter shall prevent the use of sewage disposal devices as provided in the Uniform Plumbing Code. Nothing herein shall prevent the owner of property from directly disposing of said owner's refuse in any state approved sanitary landfill or other manner permitted by law.

(Ord. 343 § 1, 1991; Ord. 355 § 6, 1995; Ord. 412 § 2, 2009)

A. The owner of any property within the areas in or from which refuse is created, accumulated or produced shall subscribe to and pay for refuse collection service to be rendered to such property by the collector. The necessity for and type of refuse collection service required, the type of containers to be utilized and the rates to be charged for refuse collection services shall be established by agreement between the city and the collector.

B. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arranging, under which payments for refuse collection service are made by a tenant or tenants or any agent, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to the city or to the collector for the payment for such service.

(Ord. 343 § 1, 1991)

All refuse must be either placed in proper containers or in bundles as provided in this chapter. Unless containers are provided by the collector, it shall be the duty of every owner (including owners of multiple dwelling units) to provide refuse containers capable of holding all refuse which would ordinarily accumulate on the premises between the times of successive collections; provided, however, that pursuant to provisions of any agreement between the city and the collector or rules and regulations adopted by the city council certain lawn and garden refuse may be bundled for pickup. Containers utilized by owners for refuse disposal shall comply with provisions of any agreement between the city and the collector and with other rules and regulations which may be adopted by the city council. Refuse containers located at multiple dwellings shall be marked so as to indicate the apartment or unit to which they belong.

(Ord. 343 § 1, 1991)

Unless other arrangements have been made with the collector, it shall be the duty of every owner at all times to keep a suitable place readily accessible to the collector refuse containers as prescribed in any agreement between the city and the collector. No refuse container, other than those of the city, shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, the city manager may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection of refuse.

(Ord. 343 § 1, 1991; Ord. 412 § 2, 2009)

Household hazardous waste, Class I toxic chemicals, and liquid garbage shall not be deposited for collection in the weekly refuse service. Rocks, sod, concrete bricks, and similar solid material, plaster, dirt, large appliances, and furniture shall be subject to pick up by the collector with special arrangement therefor made between the owner and the collector pursuant to the terms of the agreement between the city and collector. Materials subject to the provisions of Section 15.14.030 of this code shall be disposed of in accordance with the provisions of that section.

(Ord. 343 § 1, 1991; Ord. 355 § 7, 1995; Ord. 485 § 11, 2022)

A. No person who owns, controls, or occupies any premises shall permit to accumulate for a period in excess of one week any refuse as described in Section 18.14.030 of this chapter and no such person shall, following notice thereof, fail, refuse, or neglect to place refuse within refuse containers as provided in this chapter.

B. No person shall throw, deposit, or leave any refuse, or permit the same to be thrown, deposited, or left on the property or premises of another without the knowledge and prior permission of the owner thereof.

C. No owner of real property located in the mandatory pickup areas shall knowingly permit or countenance his or her tenants while in occupation of such property to throw, deposit or leave any refuse upon the property or premises of another.

D. No person shall throw, deposit, or leave any refuse, or, be in possession or control of any refuse, shall permit the same to be thrown, deposited, or left in or upon any street or other public place in violation of this chapter or any rules and regulations established pursuant to this chapter.

(Ord. 343 § 1, 1991; Ord. 355 §§ 8, 9, 1995)

A. It is unlawful to burn garbage as defined by this chapter.

B. Burning of rubbish within the exterior boundaries of any federal, state and local fire control agency shall be subject to compliance with the laws, ordinances, rules or regulations in force within the jurisdiction of such fire control agency.

(Ord. 268 § 9, 1981; Ord. 355 § 3, 1995)

There shall be no dumping and/or storage of refuse on private or public property other than provided by this chapter.

(Ord. 268 § 10, 1981; Ord. 355 § 3, 1995)

The person having control of any hawker's vehicle, or other commercial vending operation, or exhibition or demonstration, which has no fixed location, shall have the immediate responsibility for the proper disposal of single service utensils, packaging material, and other waste material resulting from the conduct of his or her operations, and shall not leave any particular location until he or she has collected and properly disposed of such material.

(Ord. 268 § 12, 1981; Ord. 355 § 3, 1995)

A. When an owner fails to initiate adequate refuse collection service within fifteen days of occupancy of a property, the city manager will give the owner written notification that such service is required. If service is not initiated within fifteen days from the date of the mailing of the notice, the city manager may require the collector to initiate and continue refuse service for said property.

B. When in the judgment of the city manager, additional refuse containers are required, they shall be provided at the owner's cost upon written notification from the city manager unless they are supplied by collector. If the required additional containers are not provided within thirty days from the date of the mailing of the notice, the city manager may require the collector to provide the required containers at a cost established pursuant to agreement between the city and the collector or pursuant to rules and regulations adopted under this chapter. Such cost may be added to the collection fees and collection in the same manner.

(Ord. 343 § 1, 1991; Ord. 412 § 2, 2009)

The collector shall be entitled to payment from the owner for services rendered hereunder and the collector shall be entitled to initiate a civil action to collect such payment.

(Ord. 343 § 1, 1991)

The city council may, by agreement with the collector or by separate resolution, implement rules and regulations to carry out and promote the provisions of this chapter. Such agreements, rules and regulations may set forth the time of collection of refuse, the rates to be charged for such collection, the time for payment of such rates, the size of containers to be utilized, the manner in which such containers or bundles of refuse are to be placed for collection and such other matters as may be necessary or appropriate to effect the provisions of this chapter.

(Ord. 343 § 1, 1991)

The accumulation and existence of refuse on any private premises, or in or upon any street, alley, or other public place within the city, is hereby declared a nuisance. No person who owns, controls, or occupies any premises in the areas shall cause, permit, or allow any such nuisance to exist thereon. Any such nuisance may abated in any manner provided by law.

(Ord. 343 § 1, 1991)

Whenever a nuisance shall be ascertained to exist on any premises, the officer shall notify in writing any person owning or having control or possession of or acting as agent for such premises that such nuisance exists and require him or her or them to abate or remove such nuisance within five days from the date of service of the notice.

(Ord. 268 § 16, 1981; Ord. 355 § 3, 1995)

A. Whenever a nuisance exists on the property of any nonresident or on any property the owner of which cannot be found by the health officer after diligent search, or upon the neglect or refusal of any owner, occupant, agent, or other person having control of such building, stable, or premises, to abate a nuisance required to be abated by this chapter within five days after notice of the condition of said nuisance was served upon the owner or agent, it shall be the duty of the health officer to abate said nuisance by putting the building or premises in a clean and sanitary state, and such owner, occupant, or agent, in addition to the penalty provided by this chapter shall be liable to the city for costs of such abatement or removal. Costs of such removal or abatement shall become a lien on the property.

B. Bills for costs to remove the nuisance, as provided for above, shall be mailed to the occupant of the premises and the owner of record of the property, if known. The bill is due and payable in full on the first of the month next following mailing of the bill.

C. Whenever the bill rendered remains unpaid twenty days after the bill is due, the city clerk may file with the recorder of Yuba County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of unpaid bill, and a notice that the city claims a lien for this amount. A list of such delinquent bills shall be recorded at least every six months.

D. The failure of the city clerk to record such lien or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid bills as mentioned in Section 8.14.150 of this chapter.

E. If through error or otherwise the amount of unpaid charges plus penalties thereon as stated in said list is incorrect, such error shall be disregarded and shall not affect or invalidate the filing, if said error is one dollar or less.

(Ord. 268 § 17, 1981; Ord. 355 § 3, 1995)

The property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges, plus penalties.

(Ord. 268 § 18, 1981; Ord. 412 § 28, 2009)

A. Property subject to a filed lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case of the foreclosure of statutory lien.

B. The city attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having competent jurisdiction over such matters, against any property for which a bill has remained unpaid forty-five days after the bill was due.

(Ord. 268 § 19, 1981; Ord. 412 § 28, 2009)

As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the city in any court of competent jurisdiction to enforce the lien of the charge and penalties thereon. In such action, a reasonable attorney's fee shall be awarded the plaintiff.

(Ord. 268 § 20, 1981; Ord. 412 § 28, 2009)

It is the duty of the health officer to enforce the provisions of this chapter within the city limits of the city.

(Ord. 268 § 15, 1981; Ord. 412 § 28, 2009)

Any person who violates any provision of this chapter or who fails to comply with any of its requirements is guilty of a misdemeanor and shall be punishable as provided in Chapter 1.16.

(Ord. 268 § 21, 1981; Ord. 412 §§ 28, 29, 2009)