Yuba County Municipal Code Art. 2 Refuse Collection; Mandatory Areas

(a) The periodic collection of refuse from Mandatory Pickup Areas in the County benefits occupants of places and premises in the Mandatory Pickup Areas and promotes and protects the health, safety and welfare of all residents of the County. Therefore, refuse collection services provided by the Collector are mandatory for all owners of improved property within the Mandatory Pickup Areas in or from which refuse is creates, accumulated or produced.

(b) It is unlawful for any person, other than the Collector or employees of the County, for compensation to collect, remove or dispose of refuse within the Mandatory Pickup Areas on a regularly scheduled basis; provided, however, that nothing contained in this Chapter shall prevent the use of garbage disposal devises as provided in the Plumbing Code, as adopted and amended by the County.

(Prior Code, § 7.05.200; Ord. No. 1276)

(a) The owner of any improved property within the Mandatory Pickup 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 rate to be charged for refuse collection services shall be established in compliance with Government Code § 25827(b) by agreement between the County and the Collector and by resolution adopted by the Board of Supervisors.

(b) The Collector shall give written notice to the Director of the name and address of any owner it discovers who fails to subscribe for such collection service and the address of the premises for which such collection service has not been subscribed, unless Collector has been notified by the owner or other person in lawful possession that the property is vacant or temporarily not occupied for a period in excess of two weeks, and when the Collector has determined that said condition actually exists on the premises.

(Prior Code, § 7.05.210; Ord. No. 1276)

(a) If the Director has reason to believe that any person required by Section 7.05.210 to subscribe for the collection of refuse has failed to subscribe, the Director may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten days after the date of the notice, or to appear at the time specified within the notice to show cause why such person should not be required to subscribe for the collection of refuse. Any such notice shall state that if the person to whom it is directed fails within the ten-day period to subscribe for such collection service or fails to appear and show cause why such person should not be required to subscribe, the Director will authorize such service and the charges therefore will be assessed against the real property upon which the premises served are located as specified in Section 7.05.230.

(b) At the appearance required by Subsection (a), the Director may find excluded from the requirements of said Section only those persons who show:

(1) That they are not owners of the property mentioned;

(2) That every residential unit on the property is vacant or temporarily unoccupied for a period in excess of two weeks;

(3) That the property is used as a farm or ranch and the owner will dispose of any refuse created thereon in compliance with Section 7.05.330.

(4) That they legally recycle all of their refuse so that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by them if they are not provided with collection and disposal of refuse services by a collector.

(5) The Director of Environmental Health or his/her designee may make reasonable provisions for applicants seeking an exclusion from mandatory garbage service, providing that satisfactory proof has been provided which ensures that there is no immediate or expected health, safety, or environmental impact resulting from said exclusion.

(c) The notices specified in this Section shall be served upon the owner by placing a true and correct copy thereof in the United States mail, certified or registered, postage fully prepaid and addressed to the owner at his last known address. A copy of said notice shall be transmitted to the Collector on the same date as said notice is served upon the person. The Collector shall notify the Director in writing if the person or persons upon whom notice was served have, within ten days after such service, subscribed for the collection of refuse.

(Prior Code, § 7.05.215; Ord. No. 1276)

(Repealed and reenacted by Ord. No. 1512)

(a) All billing for refuse collection shall be coordinated and administered by the collector(s); all charges shall become delinquent if not paid within 30 days after the date due as stated on the refuse collection bill.

(b) If the bill remains unpaid after the date of delinquency, the collector(s) shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until 15 days after notification of the delinquency to the owner and recipient of service. The form and content of the delinquency notice sent by the collector(s) and the delinquency fee shall be approved by the County. Said notice shall notify the owner of the fees imposed and the process for collection of delinquent charges. If a tenant is delinquent, the owner shall also receive all such delinquency notifications.

(c) Collector(s) may assign to the County at expiration of the 30 day period any delinquent bills for hearing and delinquent proceedings. The collector(s) will compile said assignments into a Report of Delinquent Accounts which will be submitted to the Director on an annual basis. The Collector's Report of Delinquent Accounts shall refer to each separate parcel of real estate by description sufficient to reasonably identify it, including Assessor's parcel number, together with the charges proposed to be assessed against it. When used in Section 7.05.220 of Chapter 7 of this Ordinance Code, the term "Director" or "CDSA Director" shall mean the Yuba County Community Development and Services Agency Director or his/her designee.

(d) Upon receipt by County of the Report of Delinquent Accounts from the collector(s) and at the convenience of the County, the CDSA Director or his designee shall fix a time, date and place for holding a hearing with respect to the Report and any appeals, protests or objections thereto. The Collector shall cause notice of the time and place of hearing to be mailed to the owner not less than ten days prior to the date of the hearing. At the hearing, the Director or his designee shall hear and consider all appeals, objections and protests, if any, to said Report referred to in said notice. Upon conclusion of the hearing, the CDSA Director or his designee may adopt, revise, change, reduce or modify any charge or charges or overrule any or all objections and shall make a determination upon the charge or charges as described in said Report. The CDSA Director's determination shall be final. All costs incurred by CDSA to hold the hearing and confirm the report with the Board of Supervisors shall be paid by the collector to CDSA at the hourly rate established in the Yuba County Consolidated Fee Schedule.

(e) After the conclusion of the hearing process, the amount of the assessment is immediately due and payable. In the event that the same is not paid within ten days of the conclusion of the hearing, and upon receipt of the final Report by the Director, the Director shall initiate proceedings to have delinquent unpaid amount added onto the real property tax role for the real property to which the refuse collection has been rendered according to Government Code § 25831. The Director, after proper notice and hearing provided herein, is authorized by these provisions to declare that delinquency charges and penalties on refuse collection accounts, as set forth in the Report by the collector(s), and after confirmation by the County Board of Supervisors by resolution, be collected on the property tax roll. They may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for these taxes. An administrative fee, in the amount established in the Yuba County Consolidated Fee Schedule may be added to the delinquent amount.

(f) Upon satisfaction of the entire delinquent amount imposed pursuant to this Section, the County will, upon request furnish a paid receipt. Upon payment all administrative charges assessed pursuant this Section, as well as interest accrued thereon, shall be retained by the County and shall not be paid to the Collector. The balance of any collection made and the interest accrued thereon shall be forwarded to the Collector.

(Prior Code, § 7.05.220; Ord. No. 1276; Ord. No. 1512)

(Prior Code, § 7.05.230; Ord. No. 1276; Ord. No. 1405; Ord. No. 1512)

Nothing in this Chapter is intended to prevent an arrangement, or the continuance of an existing arrangement, 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 County or to the Collector for the payment for such service.

(Prior Code, § 7.05.235; Ord. No. 1276)

All refuse must be either placed in proper containers as provided in this Chapter or in bundles as provided in this Section. 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 County and the Collector or rules and regulations adopted by the Board of Supervisors, 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 County and the Collector and with other rules and regulations which may be adopted by the County Board of Supervisors. Refuse containers located at multiple dwellings shall be marked so as to indicate the apartment or unit to which they belong.

(Prior Code, § 7.05.240; Ord. No. 1276)

Unless other arrangements have been made with the Collector, it shall be the duty of every owner at all times to keep in a suitable place readily accessible to the Collector refuse containers as prescribed in any agreement between the County and the Collector or rules and regulations adopted by the County Board of Supervisors. No refuse container, other than those of the County, shall be placed, kept, stored or located within the right-of-way of a street or alley. Notwithstanding the foregoing, refuse containers may be placed within such a right-of-way within 24 hours prior to collection; provided, however, the refuse containers must be removed from the right-of-way within 24 hours after collection.

(Prior Code, § 7.05.245; Ord. No. 1302)

(a) Household hazardous waste, universal waste, e-waste, home generated sharps, appliances with Freon, Class I toxic chemicals, and liquid garbage shall not be deposited for collection during the regular refuse service.

(b) Rocks, sod, concrete, bricks, and similar solid material, plaster, dirt, large appliances, and furniture shall be subject to pickup by the Collector with special arrangement therefor made between the owner and the Collector.

(Prior Code, § 7.05.250; Ord. No. 1276)

Except as otherwise provided in Section 7.05.330:

(1) No person who owns, controls, or occupies any premises shall permit refuse to accumulate for a period in excess of the period provided in this Chapter or in rules and regulations adopted pursuant hereto; and no such person shall, following notice thereof, fail, refuse or neglect to place refuse within refuse containers as provided in this Chapter and in accordance with the rules and regulations established pursuant to this Chapter.

(2) No person shall dump or otherwise deposit or cause, permit, suffer, or allow the dumping of any refuse, garbage, construction debris, rubbish, yard waste, or litter in any public place, public building or market, or on or along any sidewalk, street, alley, boulevard, highway, right-of-way, viaduct, tunnel, park or parkway, or upon any private property or in any refuse container located thereon without the consent of the property owner.

(3) No private property owner shall knowingly allow any person to dump or deposit or cause, permit, suffer or allow the dumping or depositing of refuse, garbage, construction debris, rubbish, yard waste, or litter on said owner's private property without first obtaining an appropriate permit from the Yuba County Community Development and Services Agency's Environmental Health Department. Such permits would include, but are not limited to, a permit to operate as a solid waste hauler and/or a permit to operate a solid waste landfill.

(4) 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.

(5) The provisions of this Section shall not apply on property zoned for timber production or other agricultural use regarding organic material suitable for composting, and for brush, logging slash, weeds, grasses, leaves and other foliage or bract, and vegetation material resulting from agricultural operations that is poled or stacked for burning or other legal methods of disposal.

(Prior Code, § 7.05.255; Ord. No. 1276; Ord. No. 1405)

Evidence of violation of the prohibitions contained in Section 7.05.255 shall include, but not be limited to, three or more items found in illegally deposited refuse, garbage, rubbish, yard waste, or litter that is identifiable or traceable to a specific individual. Such evidence shall be considered by the fact finder to constitute substantial evidence that such illegally deposited refuse, garbage, rubbish, yard waste, or litter was under the control of that individual, and was dumped or deposited where subsequently found with that individual's knowledge and consent.

(Prior Code, § 7.05.258; Ord. No. 1303)

(a) For multiple dwelling units owned on one parcel, owner shall either provide for individual service for each family unit or pay for commercial service.

(b) When, in the judgment of the Director, additional refuse containers are required, they shall be provided at the owner's cost upon written notification from the Director unless they are supplied by Collector. If the required additional containers are not provided within 30 days from the date of the mailing of the notice, the Director may require the Collector to provide the required containers at a cost established pursuant to agreement between the County and the Collector or pursuant to rules and regulations adopted under this Chapter. Such cost may be added to the collection fees and collected in the same manner as collection fees.

(Prior Code, § 7.05.260; Ord. No. 1276)

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

(Prior Code, § 7.05.265; Ord. No. 1276)

The County Board of Supervisors 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, what refuse is to be placed into which containers, the manner in which such containers or bundles of refuse are to be placed for collector and such other matters as may be necessary or appropriate to effect the provisions of this Chapter and applicable laws and regulations.

(Prior Code, § 7.05.270; Ord. No. 1276)