Chapter 30.20
RESIDENTIAL CUSTOMER
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Sections:
30.20.010 Mandatory service.
30.20.020 Exemptions from mandatory service.
30.20.030 Container placement and maintenance.
30.20.010 Mandatory service.
A. Except as otherwise provided in this title, every person owning or occupying residential property within the City limits shall utilize the solid waste collection and transportation services of the franchised hauler authorized by the City, and shall pay the fees for those services as set by the City. The City may cause to be removed, at the expense of the owner or occupier of any premises, any solid waste not collected due to the failure or refusal of the owner or occupier of the premises to arrange or pay for the contractor’s services.
B. Residential complexes that do not allow for adequate space to collect materials may not be offered the same service level provided to residents under the franchise agreement with the City’s franchised hauler. For example, at a high density development, should the available spacing for cart placement be less than the required three (3' 0") feet between each cart and three (3' 0") feet away from any car or stationary object, residents of the complex may not be allowed a second cart for green waste or recycling and will still be required to pay the normal residential service rates as set by resolution. [Ord. 10-2010 §4, eff. 6-25-2010]
30.20.020 Exemptions from mandatory service.
A. Garbage Collection Exemptions. A customer may apply for a garbage collection exemption outlined in this section by submitting a completed request for garbage collection exemption form provided by the City’s Utility Billing Department. Within thirty (30) days of receipt of a completed application, the City Manager, at his or her sole discretion, will review and approve or deny the application, according to the terms of the garbage collection exemption policy. The City Manager will notify the owner of record if the billing is changed to comply with that request. Until the owner receives notification that the City has approved the exemption application, the owner of record will remain liable to pay the City for garbage collection services and any delinquent fees. The City may inspect the property periodically to ensure compliance with the exemption criteria.
1. Secondary Structure Exemption. Owners of residential parcels bearing more than one (1) residential structure may request to exempt the secondary structure from City garbage collection service charges provided the following criteria is met:
a. Legal property owner must reside on property and the property must subscribe to the normal trash service level.
b. The secondary structure must be located on the same parcel as the primary structure, must be detached from the primary structure, must have a permanent foundation, and must be less than one thousand (1,000 ft2) square feet in area.
2. Self-Haul Exemption. Owners may qualify to collect or haul refuse by means other than the City-provided services if they satisfy the following criteria:
a. Any person entitled to self-haul their solid waste may remove or may cause to be removed from premises occupied by that person or under their control such solid waste as is created or produced on such premises upon compliance with the provisions of this section.
b. Only the owner or occupant, or the employees of such owner or occupant, shall make such removal.
c. All vehicles used in carrying out such removal shall be owned by, or under the exclusive control of, the owner or occupant, and such vehicles and activities shall meet all the requirements of this Chapter and all other laws and ordinances of the State of California and the City relating to solid waste disposal.
d. The following additional requirements shall also apply:
i. Weekly receipts from a permitted solid waste disposal facility must be provided to the City’s Utility Billing Department on a quarterly basis as proof of proper disposal.
ii. No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.
iii. All removal shall be done safely and quietly with due regard to the property of others.
iv. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City’s driving surfaces, whether or not paved, resulting from the illegal weight of or any leakage or spillage of oils, fluids or solids by vehicles used in such solid waste removal.
v. Any person using a self-haul garbage exemption shall dispose of the garbage at a permitted transfer station or solid waste facility.
vi. Any person using the self-haul exemption shall separate green waste, garbage, and recyclables, and shall take such green waste to a permitted composting facility, transfer station or landfill permitted to accept the waste type.
vii. Any person using the self-haul exemption shall separate recyclables from other solid waste and they shall be recycled at a permitted recycling facility, buy-back center or transfer station permitted to handle the waste type.
viii. Any person using the self-haul exemption shall comply with insurance requirements as specified from time to time by the City.
ix. Self-Haul Deposit. A cash security deposit shall be deposited with the City, in an amount set from time to time by Council resolution, to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises. The security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring the City to use a noncustomer’s deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring City to expend noncustomer deposit moneys shall constitute a misdemeanor.
x. Any person using the self-haul exemption engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer of a collector and display all such receipts for the preceding one-quarter calendar year upon reasonable request by the City Manager. Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit the City to administratively require such person to become a customer.
xi. It shall be unlawful for any person using the self-haul exemption to collect or transport solid waste for any other person.
3. Other exemptions may be made for the following reasons:
a. The customer has contracted with an authorized commercial hauler or franchised commercial hauler.
b. Such other exemptions as may be granted by the City Council by resolution. [Ord. 10-2010 §4, eff. 6-25-2010]
30.20.030 Container placement and maintenance.
A. Cart Maintenance. Residential customers shall maintain solid waste containers in a safe and sanitary condition and in good repair free from sharp or rough edges, jagged surfaces or other hazards likely to cause injury. In the event the residential hauler provides such containers, residential customers shall be responsible for maintaining such containers in a clean and sanitary condition and securing them from loss. In the event of loss, residential customers may be required to reimburse the residential hauler for the cost of the carts as identified in the franchise agreement between the City and the franchised residential hauler. The franchised residential hauler shall be responsible for keeping containers in good repair. It shall be the responsibility of residential customers to maintain solid waste containers in a clean and sanitary condition. All residential solid waste containers shall be tightly covered.
B. Cart Storage. Generators shall store carts or other solid waste storage containers out of view from any street, sidewalk or other public right-of-way, by fence, landscaping, building, or other efficacious screening as determined by the City Manager, except that use of an established concrete pad on the side of the house shall satisfy the requirements of this section. No person shall store carts or other containers on public property, including rights-of-way.
C. Cart Set-Out Times for Collection. No persons shall set out carts more than twenty-four (24) hours prior to scheduled collection. All persons shall return carts to the cart storage area no later than 6:00 a.m. on the morning following collection.
D. Cart Location for Set-Out. Except as otherwise agreed to by the residential hauler, no person shall set out carts for collection except in the following locations:
1. On the street in front of the residential premises with the wheels of the carts against the curb; or
2. If there is no curb, on the edge of the street in front of the residential premises with the wheels of the carts abutting the premises; or
3. Any other place that the City Manager may prescribe in order to provide efficient or safe collection.
E. Cart Placement. All persons shall place carts in a single line with three (3' 0") feet between each cart and three (3' 0") feet from any car or stationary object, and shall not block the driveway. No person may set out any cart where the cart may obstruct vehicular traffic.
F. Other Materials Placement. Generators who subscribe to collection service shall set out for collection bulky solid waste, used oil and oil filters, Christmas trees and any other materials as may be permitted in conjunction with special programs provided by the residential hauler, at the curb in front of each residential premises or, if there is no curb, on the edge of the street in front of the residential premises.
G. Containerized. Generators may discard solid waste at the set-out locations described in subsection (D) of this section only in carts unless noncontainerized set-out is otherwise permitted in conjunction with annual neighborhood curbside cleanup days; collection of used oil and oil filters, Christmas trees or customer-requested bulky waste; or other special services provided by the residential hauler.
H. Roll-Off Containers. Generators may subscribe to roll-off container service from an authorized commercial hauler for a maximum of seven (7) days without a building permit. When there is a building permit, the roll-off container shall be serviced, at a minimum, every fourteen (14) days.
I. Receptacle Closure. Generators shall keep lids of carts fully closed (and other receptacles such as cans or bags tightly covered or securely tied) in order to prevent solid waste overflow, spills or litter that can cause odors and exposure of solid waste to insects, vermin and other vectors; encourage foraging by domestic or wild animals; and otherwise create a nuisance or threat to public health and safety. No person may fill a container in excess of its capacity.
J. Receptacle Cleaning and Maintenance. In order to maintain carts in serviceable condition, normal wear and tear excepted, generators may use carts only for storage of solid waste. Except as otherwise directed by the City Manager, no person shall paint, mark or otherwise deface a cart in any way. Generators shall clean the inside and outside of their carts (or other receptacles) as necessary to maintain sanitary conditions and keep carts free of graffiti.
K. Weight Limitations. No person shall fill carts in excess of weights prescribed by the residential hauler or the City Manager.
L. Directions. Generators shall comply with the discard directions of the residential hauler or the City Manager, including directions embossed on, or affixed to, carts.
M. Contaminating Source-Separated Recyclables or Green Waste with Refuse. No person may contaminate carts that have been designated by the City Manager or residential hauler for the collection of recyclables or green waste, by discarding recyclables in the designated green waste cart or green waste in the designated recyclables cart. Refuse may only be placed in the designated refuse cart. [Ord. 10-2010 §4, eff. 6-25-2010]