Yucca Valley Municipal Code Part III Franchises and Self-Hauling

A. The Town Council may grant franchises to one or more solid waste enterprises to make arrangements with the persons in charge of premises within the Town for solid waste handling services.

B. The Town Council may determine solid waste collection categories, (e.g., single-family, commercial, construction and demolition materials, household hazardous waste, universal waste, covered electronic devices, recyclable materials, and others) and may make or impose franchise, license, contract or permit requirements which may vary for such categories. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. The Town Council may award exclusive, partially exclusive, or non-exclusive franchises for one or more types of solid waste handling services for all or a portion of the premises in the Town. Any such franchise shall be in the form of a written agreement, approved by the Town Council by written resolution, and shall be subject to all of the continuation rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code sections 49520 et seq. Where the franchise agreement is silent on an issue, the provisions of this Chapter shall govern. Where a franchise agreement predates the effective date of this Chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this Chapter.

B. Any franchise granted pursuant to Division A of this Section shall be granted on such terms and conditions as the Town Council shall establish in its sole discretion. At a minimum, the franchise shall provide:

1. The solid waste franchisee shall comply with the provisions of this Chapter; and

2. The solid waste franchisee shall protect, defend, indemnify and hold the Town harmless such acts, omissions, liabilities and damages caused by the failure of the solid waste franchisee to comply with its franchise agreement; and

3. The solid waste franchisee shall be required to cooperate with Town in solid waste disposal characterization studies and the preparation of waste stream audits, and to submit information required by the Town to meet the reporting requirements of AB 939, or any other law or regulation, and to implement measures consistent with the Town's source reduction and recycling element to reach the solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Regular Collection: The Town's solid waste franchisee(s) shall make arrangements with its account holders specifying the manner in which solid waste handling services are to be regularly provided, subject to the terms of its franchise.

B. Special Collections: The Town's solid waste franchisee(s) may provide on-call collection of bulky waste and household hazardous waste to its account holders, and shall provide its account holders with debris boxes when requested and collect the debris box when the account holder no longer requires the debris box. The terms and conditions upon which such special collections are provided to account holders shall be arranged between the solid waste franchisee and the account holder, subject to the terms of the solid waste franchisee's franchise from the Town. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Joint And Several Liability: The owner of a premises and the account holder for a premises are jointly and severally liable for solid waste handling services provided to the premises by a solid waste franchisee, including any related fees, charges, and penalties.

B. Tax Roll Billing: Pursuant to Health and Safety Code sections 5470 et seq., the Town may collect fees or charges for solid waste handling services on the property tax roll for the premises. If the Town decides to collect fees for solid waste handling services or charges on the property tax roll, it shall adhere to the following procedures:

1. Town will fix a time, date and place for hearing on the report of the amount of fees and charges to be charged each premises by the solid waste franchisee and any objections and protests to the report. The solid waste franchisee shall publish and provide notice of the hearing on the report in accordance with Health and Safety Code sections 5470 et seq. At the hearing, Town shall hear any objections or protests of owners liable to be assessed for fees. The Town may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

2. The fees and charges set forth in the report as confirmed shall constitute special assessments against the premises listed in the report and are a lien on the premises for the amount of the fees and charges. A certified copy of the confirmed report shall be filed with the San Bernardino County Auditor for the amounts of the respective assessments against the respective premises as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the San Bernardino County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.

3. Town shall remit to its solid waste franchisee(s) amounts collected pursuant to this process within thirty (30) days of receipt from the San Bernardino County Assessor. Solid waste franchisee(s) shall notify the Town in the event any delinquency on the report for which a lien has been created is paid or otherwise resolved.

C. Delinquent Accounts: Any multi-family premises or commercial premises that has a solid waste handling service account unpaid by the due date listed on the solid waste franchisee's billing statement shall be deemed delinquent. Except to the extent otherwise provided by this Chapter, it shall be the sole responsibility of solid waste franchisee to take any authorized measures to collect any delinquent sums owed. Any delinquent fees or solid waste handling service charges to be imposed in connection with delinquent accounts shall be set by solid waste franchisee and be subject to Town Manager review. Solid waste franchisee may charge a fee for any check returned for insufficient funds at a rate not exceeding the maximum rate set forth in the franchise agreement.

1. Solid waste franchisee may discontinue solid waste handling services to any multi-family premises or commercial premises that is delinquent by sixty (60) days or more. Prior to discontinuing service, solid waste franchisee shall provide the person in charge with notice that solid waste handling services may be discontinued fifteen (15) days from the date of notice if payment is not made before that time. If payment is not made by the expiration of said fifteen (15) day period, solid waste franchisee may discontinue solid waste handling services forty eight (48) hours thereafter.

2. Solid waste franchisee shall resume solid waste franchisee services on the next regularly scheduled collection day for any premises where solid waste handling service was discontinued upon receipt of payment of all outstanding charges, including delinquent fees, any deposit required by this Section, and any fees for re-delivery of equipment, or at such sooner time as directed to do so by Town. Solid waste franchisee may not charge for solid waste handling services during any period in which solid waste handling service was suspended. Any delinquent fees or service charges to be imposed in connection with delinquent accounts shall be set by solid waste franchisee and is subject to Town Manager approval.

3. A deposit equal to the maximum rate for one month's solid waste handling services, as such rates may be amended from time to time, may be required of accounts which have been discontinued for non-payment prior to re-instituting solid waste handling service at such accounts.

4. Solid waste franchisee shall not be permitted to discontinue solid waste handling services to any single-family premises on the basis of a delinquent account. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Because it is more difficult to transport larger volumes of solid waste in a manner that is safe and sanitary, self-haul permits are available only to single-family premises. The difficulty posed by self-hauling larger volumes of solid waste pose an unwarranted threat to the public health, safety and welfare, as it could lead to increased illegal dumping and burning, failure to segregate recyclables and organic waste, unauthorized deposit of solid waste in the containers of another, and the accumulation of solid waste at a premises for more than one (1) week.

B. Permit Required: The person in charge of a single-family premises may apply for and obtain a permit to self-haul and shall not self-haul without a valid self-haul permit issued pursuant to this Section. Every person in charge of a single-family premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste franchisee services shall obtain a self-haul permit from the Town Manager prior to commencing self-hauling.

C. Term: A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

D. Issuance Of Permit:

1. An applicant for a self-haul permit shall submit a completed application, on a form approved by the Town Manager. The Town Manager shall determine whether the application is complete within ten (10) working days of the receipt of the application. If the Town Manager finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.

2. After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items required by this Section. The Town Manager shall issue a self-haul permit within ten (10) working days of the production of all of the required items.

a. The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:

(1) The vehicle is capable of safely hauling a minimum of thirty-two (32) gallons (4.3 cubic feet) of solid waste, recyclable materials and organic waste in a safe and sanitary manner so that such matter will not spill; and

(2) If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.

b. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor;

c. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;

d. The applicant provides the Town with a certificate of automobile insurance for the vehicle;

e. The vehicle is operational and meets all applicable Vehicle Code standards;

f. The applicant provides the Town with proof that the applicant has containers for the storage of solid waste on the applicant's premises before the materials are hauled to a disposal facility; and

g. The applicant provides proof that he/she has no outstanding charges due to the Town's solid waste franchisee for solid waste franchisee services previously received at the premises for which the self-hauling permit application is being submitted; and

h. The applicant pays the fee for a self-haul permit authorized by resolution of the Town Council. The fee shall reflect the Town's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and June 30 shall pay one hundred percent (100%) of the permit fee; permits issued between July 1 and December 31 shall pay fifty percent (50%) of the permit fee.

E. Appeal Of Denial: An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five (5) days of the date the applicant was notified of the denial. Appeals shall be heard by the Town Manager, but shall not be heard by the same individual that issued the denial. The decision of the Town Manager is final.

F. Operational Standards:

1. Permittees must dispose of gray container waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the Town upon request. Failure to show proof of gray container waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit Town to revoke the permittees' self-haul permit.

2. Permittees must separate and bag gray container waste, non-organic recyclables, and organic waste. Non-organic recyclables shall be disposed of at a licensed or permitted recycling center. Permittees shall haul source separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste. Permittees must notify the Town of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with this Section before the new vehicle is used to haul any solid waste under the permit.

3. Permittee must keep on file with the Town copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittee must provide proof to Town of renewed automobile insurance, vehicle registration, and California driver's license within five (5) days of expiration of respective document.

4. Permittees are liable for any damages and clean-up costs resulting from any solid waste spills during the course of the permittees' self-hauling activity.

G. Revocation Of Permit: The self-haul permit shall be subject to revocation if the permittee violates any provision of this Chapter. A notice of revocation shall be mailed to the permittee informing them that their self-haul permit is being revoked, identifying the violations of this Chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the Town Manager. An appeal of a revocation must be filed within five (5) business days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five (5) business days of the date the Town receives the request for an appeal. The Town Manager will issue a decision on the appeal within five (5) business days of the hearing and provide the permittee written notice of the decision. The decision of the Town Manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this Division F may not obtain another self-haul permit for one (1) year from the date of the revocation. (Ord. 301, 6-7-2022)

Pursuant to division 30, part 2, chapter 8 of the Public Resources Code, sections 41900 et seq., the Town may impose fees on solid waste franchisees and/or premises in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the Town's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees. Any new or increased AB 939 fees imposed on a solid waste franchisee shall be cause for a corresponding rate adjustment to the franchisee’s then current rate structure. (Ord. 301, 6-7-2022)