Chapter 12
GARBAGE, REFUSE AND WEEDS1

Sections:

ARTICLE I. IN GENERAL

DIVISION 1. GENERALLY

12.1    Definitions.

12.2    Right of entry of city officials for inspection, etc.

12.3    Depositing carcasses, garbage, etc., on one’s own premises.

12.4    Dumping garbage, etc., on another’s premises.

12.5    Depositing garbage, etc., on streets, alleys and public grounds.

12.6    Use of premises as dumping grounds.

12.6-1—

12.6-4    Reserved.

DIVISION 2. COLLECTION GENERALLY

12.7    Exclusive right of city to collect.

12.8    Limitations on burning offal, etc.

12.9    Contract and permit for person to collect—Required; surety bond.

12.10    Same—Contract not assignable without consent of city council; when permit is automatically canceled.

12.11    Frequency of collection.

12.12    Construction, etc., of vehicles carrying garbage or refuse.

12.13    Collector to transport refuse to city dump; exception as to irons, metals, machinery, etc.

12.14    City council to arbitrate complaints against collector; action which may be taken against collector.

12.15    Regular calls to be made by collector; method of removal.

12.16    Mandatory garbage and refuse collection service; property owner responsibility; unlawful to hinder collectors.

12.17    Final decision of health officer as to proper placing of receptacle for collection.

DIVISION 3. ACCUMULATIONS

12.18    Duty of owners, etc., to provide receptacles; provisions for maintaining receptacles.

12.19    Collection times.

12.20    Unlawful to allow rubbish to accumulate on premises.

12.21    Removal of accumulated rubbish within eight hours of notification.

DIVISION 4. COLLECTION FEES

12.22    Unlawful to exceed designated prices.

12.23    Charges for collection.

12.23-1    Penalty for delinquency.

DIVISION 5. COLLECTION OF DELINQUENT FEES; LIEN PROCEDURE

12.23-2    Commencement of garbage and refuse collection service.

12.23-3    Failure to pay for garbage and refuse collection service.

12.23-4    Notification of delinquency.

12.23-5    Assignment of delinquent account.

12.23-6    Initiation of special assessment and lien.

12.23-7    Notice of administrative hearing on special assessment and lien.

12.23-8    Administrative hearing on special assessment and lien.

12.23-9    Public hearing on special assessment and lien.

12.23-10    Recording of lien.

12.23-11    Levy of special assessment.

12.23-12    Collection of special assessment.

ARTICLE II. GARDEN REFUSE

12.24    Definitions.

12.25    Placement for disposal—On street and sidewalk area.

12.26    Same—Other refuse excepted; not to be mixed with garden refuse.

12.27    Reserved.

12.28    Placement for disposal—By tree surgeons and professional tree trimmers.

12.29    Same—Placement prior to collection; method and notification of collection.

12.30    Same—Limitations on what may be placed on paved streets.

12.31    Same—Distance leaves are to be placed from curb for collection by sweeper when streets are paved.

12.32    Same—Maximum size and weight.

12.33—

12.34    Reserved.

ARTICLE III. ABATEMENT OF WEEDS AND REFUSE

12.35    Penalties for violation.

12.36—

12.44    Repealed by Ordinance No. 754.

12.45    Definitions.

12.46    Accumulation of weeds or refuse prohibited.

12.47    Removal of weeds and refuse required.

12.48    Resolution declaring nuisance; publication of notice of resolution.

12.49    Form of notice to destroy or remove weeds or refuse.

12.50    Hearing on notice to destroy weeds or refuse.

12.51    Abatement by chief of fire department upon order of council; prior abatement by property owner.

12.52    Accounting and reporting cost of abatement by chief of fire department.

12.53    Assessment of abatement costs—Notice of hearing.

12.54    Same—Hearing and confirmation.

12.55    Same—Collection.

12.56    Article additional to other remedies.

ARTICLE IV. RECYCLABLE MATERIALS

12.57    Collection of recyclable materials by unauthorized persons prohibited.

12.58    Recyclable materials property of recycling agent.

12.59    Unauthorized use of containers prohibited.

12.60    Violations are infractions.

12.61    Alternative enforcement.

12.62    Exceptions.

ARTICLE V. CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION PROGRAM

12.63    Definitions.

12.64    Covered projects.

12.65    Submission of C & D materials check-off list.

12.66    Recycling/diversion requirement.

12.67    C & D recycling report.

12.68    Imposition of penalty for failure to comply with diversion.

12.69    Imposition of late fee for failure to provide recycling report.

12.70    Enforcement.

12.71    Noncovered projects.

12.72    Condition of approval.

12.73    On-site practices.

ARTICLE I. IN GENERAL

DIVISION 1. GENERALLY

12.1 Definitions.

For the purposes of this article the following words shall be defined as hereinafter set forth:

“Garbage” means all kitchen and table leavings or waste, offal, swill, all discarded accumulations of animal, vegetable or other matter resulting from the preparation or consumption of food or foodstuffs, or the storage of, or business of dealing in, any of the same, and all abandoned dead animals.

“Refuse” includes debris, garbage and rubbish as defined in this section, discarded or abandoned used clothing, bedding, mattresses, carpets, linoleum or oil cloth, sweepings or cleanings from buildings, yards, lawns, or gardens, empty bottles, tin cans or containers, broken crockery and glassware, old metals, wires, packing or wrapping materials, ashes or broken bricks, or any other discarded, abandoned or useless matter which, by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive.

“Rubbish” means all classes of refuse not herein classified as garbage. (Ord. No. 428, § 2; Ord. No. 568, § 1)

12.2 Right of entry of city officials for inspection, etc.

To facilitate the enforcement of this article and to carry out the true intent thereof, it shall be lawful for the city health officer, fire chief or any peace officer of the city to enter any hotel, restaurant or public place or any yard or out buildings of any public place or private residence for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulations of refuse therein or thereon. The fire chief, the members of the police department and health officer of the city are hereby authorized and directed to enforce the provisions of this section, and any person denying or obstructing such entry or inspection shall be guilty of a misdemeanor and subject to the punishment provided by section 1.7. (Ord. No. 428, § 16)

12.3 Depositing carcasses, garbage, etc., on one’s own premises.

It is hereby declared to be a nuisance and it shall be unlawful for any person to cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him in the city, for a period of twenty-four hours, or to cause, suffer or permit any animal or vegetable matter, garbage, filth, night soil, slops, swill, suds, stagnant water or other offensive matter liable to become putrid, to collect or be deposited upon any lot, premises or place owned, controlled or occupied by him, except as otherwise provided by sections of this Code which regulate the accumulation and removal of garbage. (Ord. No. 314, § 9)

12.4 Dumping garbage, etc., on another’s premises.

It shall be unlawful for any person to trespass or go upon the land or property of any other person for the purpose of dumping, or to dump upon the land or property of any other person, any garbage, refuse, junk or any waste or discarded matter of any kind. (Ord. No. 314, § 10)

12.5 Depositing garbage, etc., on streets, alleys and public grounds.

It shall be unlawful for any person to place, throw, deposit, dump or stand any paper, cans, bottles, broken glass, ash tray accumulations, refuse, trash, rubbish or garbage in or upon any public or private alley or street or public grounds within the city or cause the same to be so done; except that garden refuse may be deposited in proper containers or properly bundled for the purpose of having the same collected by trash or refuse or garbage collectors employed by or under contract with the city in accordance with this Code. (Ord. No. 267, § 1; Ord. No. 618, § 1)

    State law referencesDeposit of offensive matter on roads or private property, Pen. C. § 374b.

12.6 Use of premises as dumping grounds.

It is hereby declared to be a nuisance and it shall be unlawful for any person to use or suffer or permit to be used any premises owned, occupied or controlled by him or her in the city, for the throwing, dumping or depositing of table refuse, offal, swill, accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, fruits or vegetables, or animals, or any garbage or offal, ashes, tin cans or rubbish. (Ord. No. 314, § 11; Ord. No. 86-19, § 47, 10-6-86)

12.6-1—12.6-4 Reserved.

    Editor’s noteOrd. No. 86-19, § 48, adopted October 6, 1986, repealed §§ 12.6-1—12.6-4 in their entirety. Former §§ 12.6-1—12.6-4 were concerned with the city dump, and derived from Ord. No. 817, §§ 1—4, adopted April 15, 1968.

DIVISION 2. COLLECTION GENERALLY

12.7 Exclusive right of city to collect.

The city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagration, reserves unto itself the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all offal, refuse, garbage and debris produced or found within the city. It is hereby declared to be unlawful for any person, except as provided in this chapter, to collect, transport or dispose of any offal, refuse, garbage or debris within the city, except as provided in this chapter. (Ord. No. 428, § 1)

12.8 Limitations on burning offal, etc.

It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be burned, upon any premises owned, occupied or controlled by him in the city, any bone, feathers, offal, flesh, hair or other substance in such a manner as to cause odors or gas therefrom to taint the air and render it unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the city or any number thereof. (Ord. No. 314, § 4)

12.9 Contract and permit for person to collect—Required; surety bond.2

It shall be unlawful for any person to engage in or carry on the business of collecting, removing or transporting garbage or refuse matter as defined by section 12.1, in the city without first entering into a written contract with the city for such purpose and obtaining a permit from the city council to engage in or carry on such business and in addition thereto, filing a surety bond in favor of the city in the penal sum of two thousand five hundred dollars ($2,500.00) conditioned on the faithful performance of and compliance with the terms of such contract and the provisions of this chapter, on the part of such person engaging in or carrying on such garbage and refuse collecting business. (Ord. No. 428, § 8; Ord. No. 430, § 1)

12.10 Same—Contract not assignable without consent of city council; when permit is automatically canceled.

The contract and permit provided for in this chapter shall not be assignable by such garbage collection described in the preceding sections to any person whomsoever except by the written consent of the city council. Upon a discontinuance of business by the person to whom such contract is awarded and permit issued, such permit shall be immediately taken up by the city clerk, who shall cancel the same of record in his office. (Ord. No. 428, § 11)

12.11 Frequency of collection.

All garbage accumulated at any private dwelling house or residence in the city, shall be removed by the garbage collector at least once each week, or oftener if necessary. All garbage accumulated at hotels, restaurants, boardinghouses, or business houses, shall be removed by the garbage collector as often as necessary to comply with health and fire codes. All rubbish accumulated at private dwellings, residences, hotels, boardinghouses, restaurants or business houses in the city, shall be removed by the garbage collector at least once each month or oftener if necessary. (Ord. No. 428, § 4; Ord. No. 90-2, 2-20-90)

12.12 Construction, etc., of vehicles carrying garbage or refuse.

It shall be unlawful for any person to use any vehicle for the collection or conveyance of garbage or refuse unless the same is staunch and tight and so constructed as wholly to prevent the leakage of or loss of any liquids or solids carried therein. All such vehicles used for the transportation of garbage shall be provided with a suitable cover approved by the building inspector of the city. (Ord. No. 428, § 6)

12.13 Collector to transport refuse to city dump; exception as to irons, metals, machinery, etc.

All garbage, refuse and rubbish collected by the garbage collector shall be transported by him to the city garbage dump for disposal, with the exception of automobiles, automobile trucks, vehicles, tractors, machinery, implements, iron and metals, but not excepting small tin cans with the content capacity of less than a gallon, which shall be transported for disposal to such other dumping grounds as the city shall from time to time direct. (Ord. No. 428, § 9)

12.14 City council to arbitrate complaints against collector; action which may be taken against collector.

The city council shall have authority to hear and determine any and all complaints by any person against the garbage collector holding contract with and permit from the city for the collection of garbage and refuse within the city, and to cancel such contract and revoke such permit, for the insolent or threatening conduct or failure of such collector to collect refuse and garbage in accordance with the provisions of this chapter, or in accordance with the provisions of any contract in force between the city and such collector, or for any violation of any sanitary regulations or rules made by the city council, or health officer of the city, pursuant to the provisions of this chapter. The city council also shall have the right to declare the bonds of such collector forfeited to the city and city attorney is hereby authorized to take such legal action as may be necessary to effect a collection of the penal amount named in such bond for and on behalf of the city. (Ord. No. 428, § 10)

12.15 Regular calls to be made by collector; method of removal.

The garbage collector shall call regularly, as provided in this chapter, at the dwellings, restaurants, hotels, boardinghouses, business houses and other places where garbage is produced or created in the city and collect the same therefrom. Such garbage shall not be removed in a manner needlessly offensive to the senses or filthy in relation to any person, place, building, premises or highway. (Ord. No. 428, § 11)

12.16 Mandatory garbage and refuse collection service; property owner responsibility; unlawful to hinder collectors.

(a) It shall be mandatory for the property owner of each occupied residential or commercial premises to subscribe to and pay for at least the minimum level of garbage and refuse collection service made available to that premises by the garbage and refuse collector (“collector”) as specified in the franchise agreement between the city and the collector, and failure to do so shall be unlawful.

(b) The charges for garbage and refuse collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the property owner, tenant or any other subscribing person on behalf of the property owner has any garbage and refuse to be collected on any particular collection date during such occupancy.

(c) Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage and refuse collection service are made by the property owner, tenant or any other subscribing person on behalf of the property owner. However, any such arrangement will not affect the property owner’s obligation to pay for garbage and refuse collection service as provided herein.

(d) It shall be unlawful for any person to hinder, threaten, impede or obstruct any collector holding a permit as provided in this division in the performance of his or her duties as defined by section 12.9. (Ord. No. 428, § 15; Ord. No. 880, § 1, 2-2-70; Ord. No. 99-13, § I, 9-7-99)

12.17 Final decision of health officer as to proper placing of receptacle for collection.

In all cases of dispute and complaints arising as to the place where the receptacle containing garbage shall be placed awaiting removal thereof by the garbage collector, the health officer shall forthwith designate the place for the same and his decision shall be final. (Ord. No. 428, § 13)

DIVISION 3. ACCUMULATIONS

12.18 Duty of owners, etc., to provide receptacles; provisions for maintaining receptacles.

It shall be the duty of every owner, tenant, lessee or occupant of any private dwelling house, or the proprietor, manager, owner or lessee of any hotel, restaurant, cafe, boardinghouse, rooming house or other public place of business in the city to provide standard thirty or thirty-two gallon plastic or metal garbage receptacles with cover of the same, not to exceed fifty (50) pounds weight when loaded, or approved garbage and rubbish bins for receiving and holding all the garbage and rubbish produced, created or accumulated upon such premises between the times for the collection of garbage and rubbish as provided in this chapter, and shall deposit such garbage and rubbish therein. All such receptacles shall be at all times kept in a sanitary condition and shall be placed for collection in the alley behind the premises, or if there is no alley access, then on the front curb, or such other place as may be approved by the director of public works or the garbage contractor, so as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street in the city, or anywhere so as to constitute a nuisance. (Ord. No. 428, § 3; Ord. No. 76-4, § 2, 2-17-76; Ord. No. 88-6, § 1, 5-16-88)

    State law referencesGarbage receptacles generally, H. & S. C., §§ 17809, 17810.

12.19 Collection times.

Days for the collection of garbage in various parts of the city shall be established from time to time by the director of public works in cooperation with the garbage contractor. Receptacles shall be placed in the proper area for collection the evening prior to collection and shall be removed the morning after. (Ord. No. 76-4, § 2, 2-17-76)

    Editor’s noteOrd. No. 76-4 repealed former § 12.19, pertaining to the collection of rubbish and dirt, derived from Ord. No. 428, and added a new § 12.18 as herein set out.

12.20 Unlawful to allow rubbish to accumulate on premises.

It shall be unlawful for any person, owner or occupant of any building, lot or premises in the city to suffer, allow or permit to collect or remain upon such lot or premises or in such building any rubbish, including dry grass or weeds within two (2) feet of any fence or building. Such rubbish must be collected and removed within the time and in the manner herein provided. (Ord. No. 428, § 7)

    State law referencesAuthority of city to declare weeds and rubbish along streets, etc., nuisances, Gov. C., § 39561.

12.21 Removal of accumulated rubbish within eight hours of notification.

Any person who shall fail to cause all rubbish, waste material, dry grass, weeds or foul growths which become a menace to public safety and increase the fire hazard, to be removed from any lot, piece or parcel of land within the city within eight (8) hours after having been notified to do so by the chief of police or the chief of the fire department of the city shall be guilty of an infraction. (Ord. No. 294, § 1; Ord. No. 338, § 1; Ord. No. 77-15, § 7, 4-18-77)

DIVISION 4. COLLECTION FEES

12.22 Unlawful to exceed designated prices.

It shall be unlawful for any garbage collector to charge any person any sum of money in excess of the prices set forth in this division for the hauling and collection of any garbage or rubbish in the city. (Ord. No. 428, § 14; Ord. No. 568, § 2)

12.23 Charges for collection.

Maximum charges for the collection of garbage, refuse and rubbish shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. (Ord. No. 428, § 14; Ord. No. 568, § 2; Ord. No. 673, § 1; Ord. No. 731, § 1; Ord. No. 876, § 1, 1-5-70)

12.23-1 Penalty for delinquency.

Unpaid garbage, rubbish or refuse collection fees or charges collected by the city become delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten (10) per cent of the amount due. Thereafter a penalty equal to ten (10) per cent of the amount due shall be charged for each month of delinquency after the last working day of the original billing. (Ord. No. 847, § 2, 3-17-69; Ord. No. 89-5, § 1, 3-20-89; Ord. No. 91-16, § 1, 7-1-91)

DIVISION 5. COLLECTION OF DELINQUENT FEES; LIEN PROCEDURE

12.23-2 Commencement of garbage and refuse collection service.

The property owner, tenant or any other subscribing person on behalf of the property owner shall commence garbage and refuse collection service within ten (10) days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the finance director (“director”) may give written notice to the property owner that garbage and refuse collection service is required. If service is not initiated by the property owner, tenant or any other subscribing person on behalf of the property owner within ten (10) days after the date of mailing the notice, the director shall authorize the collector to begin and continue providing the minimum level of garbage and refuse collection service to such premises, and the service shall be deemed to have been made available as of the date of such authorization. (Ord. No. 99-13, § II, 9-7-99)

12.23-3 Failure to pay for garbage and refuse collection service.

The collector shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in this division. Garbage and refuse collection service shall not be discontinued by reason of any failure to pay the charges for such service. (Ord. No. 99-13, § II, 9-7-99)

12.23-4 Notification of delinquency.

(a) If a bill for garbage and refuse collection service remains delinquent for thirty (30) days, the collector shall send or deliver notice of any delinquency to the property owner, tenant or any other subscribing person on behalf of the property owner indicating the amount owed for garbage and refuse collection service.

(b) If a bill for a garbage and refuse collection service remains delinquent for sixty (60) days, the collector shall be entitled to collect a late charge in such amount as approved by the city council. The collector shall, at any time after such sixty (60) day period, send or deliver notice of any delinquency to the property owner, tenant or any other subscribing person on behalf of the property owner indicating the amount owed for garbage and refuse collection service, the amount of late charge thereon, and advising the property owner, tenant or any other subscribing person on behalf of the property owner, that failure to pay the same will result in a special assessment and the placement of a lien upon the premises.

(c) All notices pursuant to this division shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner (hereinafter “Property owner and tenant”). The form of delinquency notice shall be approved by the director. (Ord. No. 99-13, § II, 9-7-99)

12.23-5 Assignment of delinquent account.

In the event the bill for garbage and refuse collection service together with any late charge thereon is not paid in full within thirty (30) days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to section 12.23-4(b) above, the collector may assign such bill to the city for collection through the initiation of lien and special assessment proceedings in accordance with this division. The assignment shall include the name and address of the property owner and tenant, the assessor’s parcel number of the premises, the period of garbage and refuse collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the director, together with a copy of the notices of delinquency mailed or otherwise delivered to the property owner and tenant with proof of service. (Ord. No. 99-13, § II, 9-7-99)

12.23-6 Initiation of special assessment and lien.

Upon the city’s receipt of the assignment from the collector, the director shall prepare a report of delinquency (“report”) and initiate proceedings to create a special assessment and lien on the premises to which the garbage and refuse collection service was provided. The director shall fix a time, date and place for an administrative hearing by the director to consider any objections or protests to his or her report. (Ord. No. 99-13, § II, 9-7-99)

12.23-7 Notice of administrative hearing on special assessment and lien.

The director shall send written notice of the administrative hearing to the property owner and tenant of the premises against which the special assessment and lien will be imposed at least ten (10) days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the director. A copy of the notice shall also be mailed to the collector. Said notice shall set forth the amount of delinquent garbage and refuse collection service charges, the amount of any late charge thereon, and shall inform the recipient of the possible levy of a special assessment and lien on the premises and administrative charges as provided in this division. Said notice shall also inform the property owner and tenant of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the city council, and advise the property owner and tenant of his or her right to appear at both the administrative hearing and the public hearing to state his or her objections to the report or the proposed special assessment and lien. (Ord. No. 99-13, § II, 9-7-99)

12.23-8 Administrative hearing on special assessment and lien.

At the time and place fixed for the administrative hearing, the director shall hear and consider any objections or protests to his or her report. The director may correct or modify the report as he or she deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his or her decision. The director shall thereupon submit a final report (“final report”) to the city council for confirmation and shall furnish a copy of such final report to all the persons to whom notice was sent pursuant to this division. (Ord. No. 99-13, § II, 9-7-99)

12.23-9 Public hearing on special assessment and lien.

The city council shall conduct a public hearing to consider the director’s final report at the time and place set forth in notice described in section 12.23-7. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the final report, or any portion thereof, should not be confirmed. The city council’s review shall be limited to the administrative record and evidence presented at the director’s administrative hearing. The city council may adopt, revise, reduce or modify any charge shown in the final report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the city council is satisfied with the final report as rendered or modified, the city council shall confirm such final report by resolution. The decision by the city council on the final report and any objections or protests thereto, shall be final and conclusive. (Ord. No. 99-13, § II, 9-7-99)

12.23-10 Recording of lien.

Upon confirmation by the city council of the final report, the director shall cause to be recorded in the office of the recorder for Santa Clara County, a lien against each premises described in the final report for the amount of delinquent garbage and refuse collection service charges and late charges as confirmed by the city council by resolution. The lien shall also include such additional administrative charges as established by resolution of the city council. All persons to whom notice was sent pursuant to this division shall be notified by the director that the delinquent garbage and refuse collection service charges, late charges and administrative charges are due and payable to the city and that said lien has been recorded. (Ord. No. 99-13, § II, 9-7-99)

12.23-11 Levy of special assessment.

Upon confirmation by the city council of the director’s final report, as rendered or modified, the delinquent garbage and refuse collection service charges, late charges and administrative charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The director shall file a copy of the final report, together with a certified copy of the resolution by the city council confirming the same, with the tax collector for Santa Clara County with instructions to enter the delinquent garbage and refuse collection service charges, late charges and administrative charges as special assessments against the respective premises described in the director’s lien report. The tax collector shall include such special assessment on the next regular bill for secured property taxes sent to the property owner. (Ord. No. 99-13, § II, 9-7-99)

12.23-12 Collection of special assessment.

The special assessment shall be collected at the same time together with an in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all of the delinquent garbage and refuse collection service charges, late charges and administrative charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. (Ord. No. 99-13, § II, 9-7-99)

ARTICLE II. GARDEN REFUSE3

12.24 Definitions.

For the purpose of this article, the following phrases shall be defined as hereinafter set forth:

“Garden refuse” shall mean leaves, grass cuttings, weeds, vines, shrubbery, brush and tree trimmings, but not tree limbs of over four (4) inches in diameter.

“Other refuse” shall mean any rubbish or garbage or discarded materials other than garden refuse. (Ord. No. 598, §§ 1, 2)

12.25 Placement for disposal—On street and sidewalk area.

Garden refuse may be placed for disposal by the abutting property owner or occupant or their agents in the same location as garbage and rubbish as set forth in section 12.18. (Ord. No. 598, § 3; Ord. No. 76-4, § 2, 2-17-76)

12.26 Same—Other refuse excepted; not to be mixed with garden refuse.

It shall be unlawful to deposit other refuse in the street or in the area between the street and the sidewalk or sidewalk area. No garden refuse will be picked up by the city that is mixed with other refuse. (Ord. No. 598, § 3)

12.27 Reserved.

    Editor’s note: Ord. No. 76-4, adopted Feb. 17, 1976, repealed § 12.27, pertaining to placement of receptacles in alleys, derived from Ord. No. 598.

12.28 Placement for disposal—By tree surgeons and professional tree trimmers.

Tree surgeons and professional tree trimmers shall haul away and dispose of all tree trimmings and other garden refuse accumulated by them. (Ord. No. 598, § 3)

12.29 Same—Placement prior to collection; method and notification of collection.

Garden refuse other than that designated by the preceding section may be placed in the areas designated and under regulations set forth in the following sections of this article on the day prior to the day of collection. (Ord. No. 598, § 3; Ord. No. 76-4, § 2, 2-17-76)

12.30 Same—Limitations on what may be placed on paved streets.

Where streets are paved from gutter to gutter leaves only may be placed in the street at any time subject to the provisions of this article. (Ord. No. 598, § 3; Ord. No. 685, § 1)

12.31 Same—Distance leaves are to be placed from curb for collection by sweeper when streets are paved.

Leaves only shall be placed in streets paved from gutter to gutter not less than twelve (12) inches and not more than forty-eight (48) inches from the curb so that they may be picked up by the sweeper. (Ord. No. 598, § 4; Ord. No. 685, § 2)

12.32 Same—Maximum size and weight.

Garden refuse shall be tied in bundles which shall not exceed four (4) feet in length, eighteen (18) inches in height or width or fifty (50) pounds in weight, or in any suitable container not exceeding fifty (50) pounds in weight. All but permanent garbage receptacles will be hauled away with the contents and will not be returned. (Ord. No. 598, § 4; Ord. No. 685, § 3; Ord. No. 76-4, § 2, 2-17-76; Ord. No. 88-6, 5-16-88)

12.33—12.34 Reserved.

    Editor’s note: Sections 12.33 and 12.34, pertaining to the placement of certain items of trash, derived from Ord. No. 598, were repealed by Ord. No. 76-4, adopted Feb. 17, 1976.

ARTICLE III. ABATEMENT OF WEEDS AND REFUSE4

12.35 Penalties for violation.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No. 880, § 2, 2-2-70; Ord. No. 77-15, § 8, 4-18-77)

12.36—12.44 Repealed by Ordinance No. 754.

12.45 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Refuse” means such as is mentioned and defined in section 12.1, the accumulation of which in violation of the provisions of division 3 of article I of this chapter is therein declared to be unlawful, as well as “garden refuse” as the same is mentioned and defined in section 12.24, the accumulation or placing of which in violation of article II of this chapter is therein declared to be unlawful.

“Weeds” means all weeds growing upon streets, alleys, sidewalks, or private property in the city, including any of the following:

a. Weeds which bear or may bear seeds of a downy or wingy nature.

b. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property.

c. Weeds which are otherwise noxious or dangerous.

d. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (Ord. No. 754, § 1)

12.46 Accumulation of weeds or refuse prohibited.

No owner, agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds or refuse to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the center line of any public street or alley. (Ord. No. 754, § 1)

12.47 Removal of weeds and refuse required.

Every property owner shall destroy or remove such weeds and remove or cause to be removed such refuse from his property and from the abutting half of any street or alley between the lot lines as extended. (Ord. No. 754, § 1)

12.48 Resolution declaring nuisance; publication of notice of resolution.

Whenever any weeds are growing upon any private property or properties or in any street or alley within the city or whenever refuse shall accumulate upon any part of such areas the city council shall pass a resolution declaring the same to be a public nuisance and order the chief of the fire department to give notice of the passage of such resolution by posting and publication in the same manner and for the time as set forth in section 12.53 and stating therein that, unless such nuisance be abated without delay by the destruction or removal of such weeds and refuse, the work of abating such nuisance shall be done by the city authorities and the expense thereof assessed upon the lots and lands from which or in the front and rear of which such weeds and refuse shall have been destroyed or removed. The city clerk shall thereupon fix the time and place for hearing any objections to the proposed destruction or removal of such weeds and refuse. (Ord. No. 754, § 2; Ord. No. 92-10, § 1, 7-20-92)

12.49 Form of notice to destroy or remove weeds or refuse.

The notice shall be substantially in the following form:

NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE

NOTICE IS HEREBY GIVEN that on _________ pursuant to the provisions of section 12.48 of the Gilroy City Code, the City Council of said City passed a resolution declaring that all weeds and/or refuse, as the same are defined in section 12.45 of this Code, growing or accumulating upon any private property or in any public street or alley, constitute or constitutes a public nuisance, and that such nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove or cause to be removed all such weeds and refuse from their property, and from the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the City authorities, in which case the costs of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which such weeds and accumulation of refuse, have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any such objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the Council of said City of Gilroy to be held in the Council Chambers in the City Hall, 7351 Rosanna Street, City of Gilroy, on _________, at _________ o’clock p.m., when and where their objections will be heard and be given due consideration.

DATED: This _________ day of _________, 19_________.

Chief of Fire Department

City of Gilroy

(Ord. No. 754, § 3; Ord. No. 92-10, § 2, 7-20-92)

12.50 Hearing on notice to destroy weeds or refuse.

At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds or refuse and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any and all objections, if any after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of such weeds and refuse. (Ord. No. 754, § 4)

12.51 Abatement by chief of fire department upon order of council; prior abatement by property owner.

The council shall by resolution order the chief of the fire department to abate such nuisance, or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined by the city council and such refuse to be removed; and the chief of the fire department and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for such purposes. Any property owner shall have the right to destroy or remove such weeds and remove such refuse himself or have the same destroyed or removed at his own expense; provided, that such weeds or refuse shall have been removed prior to the arrival of the chief of the fire department or his authorized representatives to remove them. (Ord. No. 754, § 5)

12.52 Accounting and reporting cost of abatement by chief of fire department.

The chief of the fire department shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the city clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. (Ord. No. 754, § 6)

12.53 Assessment of abatement costs—Notice of hearing.

The city clerk shall post copies of such report and assessment on the bulletin board in the council chambers at the City Hall in the city; on the bulletin board in the lobby of the city clerk’s office located at the City Hall in the city; and on the bulletin board near the entrance door of each fire station in the city, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED AND REFUSEABATEMENT

NOTICE IS HEREBY GIVEN that on _________ the Chief of the Fire Department of the City of Gilroy filed with the City Clerk of said City a report and assessment on abatement of weeds and refuse within said City, copies of which are posted on the bulletin board in the Council Chambers at the City Hall located at _________, Gilroy, California; on the bulletin board in the lobby of the City Clerk’s Office located in the City Hall, Gilroy, California; and on the bulletin board near the entrance door of each fire station in Gilroy, California.

NOTICE IS FURTHER GIVEN that on _________ at the hour of _________ o’clock p.m., in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

DATED _________, 19________.

_________________________

City Clerk, City of Gilroy

(Ord. No. 754, § 7; Ord. No. 79-25, § 1, 9-17-79)

12.54 Same—Hearing and confirmation.

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance; and the chief of the fire department shall attend such meeting with his record thereof; and upon such hearing, the council may make such modifications in the proposed assessment therefor as it may deem necessary, after which such report and assessment shall be confirmed by resolution.

The amount of the cost of abating such nuisance upon or in the front or rear of the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and after thus made and confirmed shall constitute a lien on such property for the amount of such assessment until paid. (Ord. No. 754, § 8)

12.55 Same—Collection.

The director of finance shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same penalties and interest and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.

The property owner has the option, if he so desires, of paying the assessment directly to the collector’s office before such entry on such assessment roll. (Ord. No. 754, § 9)

12.56 Article additional to other remedies.

The remedy provided for in this article to secure the removal or destruction of weeds and refuse is hereby declared to be additional or alternative to any other remedy provided in this Code or by law, and this article shall not constitute a repeal of any other provision in this Code except as expressly stated. (Ord. No. 754, § 11)

ARTICLE IV. RECYCLABLE MATERIALS

12.57 Collection of recyclable materials by unauthorized persons prohibited.

It is unlawful for any person, business, or entity, other than the City of Gilroy’s official authorized recycling agent to collect recyclable materials in the City of Gilroy unless excepted by the provisions of this article, or state or federal law. (Ord. No. 90-3, § 1, 2-20-90)

12.58 Recyclable materials property of recycling agent.

From the time of placement of recyclable materials at the curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent. (Ord. No. 90-3, § 1, 2-20-90)

12.59 Unauthorized use of containers prohibited.

The use of receptacles or other containers provided by the authorized recycling agent or the pickup of such recyclable materials from any designated collection location by anyone other than the authorized recycling agent is prohibited. (Ord. No. 90-3, § 1, 2-20-90)

12.60 Violations are infractions.

Any person engaged in the activities prohibited in section 12.59 is guilty of an infraction.

Any such prohibited activity in more than one location within the City of Gilroy shall constitute a separate and distinct offense. (Ord. No. 90-3, § 1, 2-20-90)

12.61 Alternative enforcement.

As an alternative to criminal enforcement, both the City of Gilroy and the authorized recycling agent have the independent authority of civilly enforcing any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them, whenever he/she deems it appropriate. (Ord. No. 90-3, § 1, 2-20-90)

12.62 Exceptions.

(a) Nothing contained in this article shall preclude any person, business, or other entity from disposing of segregated recyclable materials without utilizing the City of Gilroy’s official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by their agents to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority.

(b) Nothing herein contained shall prevent any person, business, or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.

(c) Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by “The Solid Waste Management Resource and Recovery Act of 1972,” or the “California Beverage Container Recycling and Litter Reduction Act of 1986.” (Ord. No. 90-3, § 1, 2-20-90)

ARTICLE V. CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION PROGRAM

12.63 Definitions.

(1) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, demolition, or renovation project within the city.

(2) “Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

(3) “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

(4) “Construction and demolition debris” or “C&D debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

(5) “Construction and demolition debris materials check-off list” means a report, prepared in a form approved by the WMP compliance official, submitted as required by subsection (c) of this section, which identifies all construction and demolition debris expected to be generated as a result of any covered project.

(6) “Construction and demolition debris recycling report” means a report, prepared in a form approved by the WMP compliance official, which identifies the amounts of all construction and demolition debris generated by the project, and the amounts recycled or diverted. Copies of supporting documentation may be required and included as a part of the construction and demolition debris recycling report.

(7) “Covered project” shall have the meaning set forth in section 12.64 of this article.

(8) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

(9) “Diversion requirement” means the diversion of a percentage in compliance with state law, as recommended from time to time by the WMP compliance official and approved by resolution of the city council, of the total construction and demolition debris generated by a project via reuse or recycling.

(10) “Project” means any activity, which requires an application for a building or demolition permit, or any similar permit from the city.

(11) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(12) “Renovation” means any change, addition, or modification in an existing structure.

(13) “Reuse” means further or repeated use of construction or demolition debris.

(14) “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

(15) “WMP compliance official” means the Environmental Programs Coordinator or his or her designee.

(16) “Noncovered project” shall have the meaning set forth in section 12.71 of this article. (Ord. No. 2007-20, § 1, 10-15-07)

12.64 Covered projects.

All construction, demolition, and on-site improvements such as walkways, piping, parking lots, other adjoining hardscape, and renovation projects within the city, which involve the construction, demolition or renovation of five thousand (5,000) square feet or more (“covered projects”), shall comply with this article. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project. (Ord. No. 2007-20, § 1, 10-15-07)

12.65 Submission of C & D materials check-off list.

No building, demolition or site development permit shall be issued for a covered project unless and until the applicant has submitted a construction and demolition debris materials check-off list, identifying all waste materials expected to be generated as a result of the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.66 Recycling/diversion requirement.

Applicants for any covered project are required to recycle or divert at least fifty (50) percent of materials generated for discards by the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.67 C & D recycling report.

Prior to the issuance of a certificate of occupancy or a conditional certificate of occupancy for any covered project, the applicant shall submit to the WMP compliance official a construction and demolition debris recycling report, demonstrating that it has met the diversion requirement for the project. (Ord. No. 2007-20, § 1, 10-15-07)

12.68 Imposition of penalty for failure to comply with diversion.

Any applicant that fails to meet the fifty (50) percent diversion mandate must pay a penalty. The penalty amount shall be equal to the project square footage, multiplied by the difference between fifty (50) percent and the actual project diversion percentage, multiplied by one dollar ($1.00) per square foot. (Ord. No. 2007-20, § 1, 10-15-07)

12.69 Imposition of late fee for failure to provide recycling report.

Any Applicant that fails to submit the Construction and Demolition Debris Recycling Report” within sixty (60) days following completion of the Project shall be charged a late fee, in an amount of ten (10) percent of the diversion penalty fee or one hundred dollars ($100.00) per month, whichever is greater. All fee schedules shall remain in force until superseded by subsequent fee schedules adopted by the city council. (Ord. No. 2007-20, § 1, 10-15-07)

12.70 Enforcement.

The city, in its prosecutorial discretion, may enforce violation(s) of the provisions of this article as a criminal, civil, and/or administrative action pursuant to section 1.7 and Chapter 6A of the Gilroy City Code. (Ord. No. 2007-20, § 1, 10-15-07)

12.71 Noncovered projects.

Applicants for construction, demolition or renovation projects within the City of Gilroy whose projects are five thousand (5,000) square feet or less, or publicly owned rights of way, utilities, and roadways are not required, but shall be encouraged, to divert at least fifty (50) percent of all project-related construction and demolition waste. (Ord. No. 2007-20, § 1, 10-15-07)

12.72 Condition of approval.

Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (Ord. No. 2007-20, § 1, 10-15-07)

12.73 On-site practices.

To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. (Ord. No. 2007-20, § 1, 10-15-07)


1

State law referencesGarbage and refuse disposal generally, H. & S. C., §§ 41004485.


2

As to authority of cities to enter into garbage and refuse disposal contracts, see H. & S. C. A., § 4250.


3

State law referencesCleanliness and sanitation of premises, H. & S. C., § 17811.


4

State law referencesAuthorization for cities to abate weeds, Gov. C., §§ 39560 to 39587.