Chapter 8.04
SOLID WASTE DISPOSAL

Sections:

8.04.010    Definitions.

8.04.020    Accumulation—Type and placement of containers.

8.04.030    Transportation.

8.04.040    Collection required at least once a week.

8.04.050    Health officer and city engineer to direct removal.

8.04.060    Disposal site.

8.04.070    Use of disposal service mandatory—Collection of charges.

8.04.080    Collection rates.

8.04.090    Condition of collection trucks.

8.04.100    Refuse—Burning or burying.

8.04.110    Emergency removal.

8.04.120    Disposal by producer.

8.04.130    Certain hauling prohibited.

8.04.140    Health regulations—Establishment.

8.04.150    Franchise for collection—Authorization.

8.04.160    Placement of receptacles for pickup—Disputes settlement.

8.04.170    Dumping on private or public premises prohibited.

8.04.180    Owners responsibility to maintain premises free of debris and waste matter.

8.04.190    Placing of handbills or advertising matter in or upon vehicles.

8.04.200    Storage of certain vehicles prohibited.

8.04.210    Clearing of waste matter, debris and vehicles from private property.

8.04.220    Enforcement.

8.04.230    Violation—Penalty.

8.04.010 Definitions.

Words used in this chapter are defined as provided in this section:

A. “City disposal site” means and refers to that certain tract of land which the franchisee shall furnish and use as a place of depositing garbage, rubbish and rubble.

B. “Creek” means a natural stream of water normally smaller than and often tributary to a river. May be seasonal in that it is dry during certain times of the year.

C. “Drainageway” means a route or course along which water moves or may move to drain a region. These are generally manmade as compared to “creeks”.

D. “Franchisee” means and includes a person whom the city has granted the privilege of collecting and disposing of refuse, garbage, rubbish and other solid waste produced within the limits of the city under the terms set out in this chapter, and under the provisions of the Charter of the city, as amended.

E. “Garbage” means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes and all or any refuse, save and excepting as defined in this section as rubbish or rubble.

F. “Incinerator” means and includes fireproof receptacles approved by the city engineer or fire chief, and used for disposing of combustible rubbish on private premises.

G. “Lake” means a considerable inland body of standing water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water.

H. “Refuse” means and includes garbage, rubbish or both.

I. “Refuse collector” means and includes the same as the term franchisee, as is defined in subsection D of this section.

J. “Rubbish” means and includes all combustible and noncombustible waste matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodginghouses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, but shall not include rubble.

K. “Rubble” means and includes all debris from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, brick, mortar, concrete and similar solid material.

L. “Solid waste” means and includes all waste substances including garbage as well as combustible and noncombustible wastes. (Ord. 1040 (part), 1985: prior code § 5200)

8.04.020 Accumulation—Type and placement of containers.

No person shall deposit, keep, accumulate or permit any rubbish, rubble, garbage or other solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, creek, lake or drainageway, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as provided in this chapter.

A. Garbage. No person shall keep, accumulate or permit to be kept or accumulated any garbage upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or plastic receptacles provided with handles. Each receptacle shall have a capacity of not less than five gallons and not more than thirty-five gallons. The maximum weight of a receptacle and its contents at collection time shall not exceed seventy-five pounds. Each receptacle shall be provided with close-fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein. Each receptacle shall be kept in a clean, neat, sanitary condition at all times. The outside of each receptacle, including its cover, shall be kept clean from accumulating grease or decomposing material. Garbage shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not.

B. Rubbish. No person shall keep or accumulate any rubbish or other solid waste unless the same is kept in a suitable box or boxes, barrels or other suitable receptacles to be kept on each of the premises, sufficient to hold the rubbish which would ordinarily accumulate on such premises. Rubbish shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not.

C. Location of Garbage and Rubbish Containers. Each garbage vessel, tank or receptacle, and each rubbish container provided by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boardinghouse, cafe, cafeteria, and other like eating places, apartment houses, and of butcher shops and green vegetable stores and every person occupying a dwelling within the city, shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as follows:

1. Where there is an alley, other than a blind alley, in the rear of the premises, such vessel, tank, receptacle or rubbish container shall be placed on the premises within five feet of the rear property line.

2. Where there is no alley, such vessel, tank, receptacle or rubbish container shall be placed on the premises within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boardinghouse, and other like eating places, apartment houses, or dwelling from which garbage or rubbish is accumulated. It may not be placed in any creek, lake or drainageway.

D. Containers which do not comply with the requirements as stipulated in this chapter or which deteriorate to the point where they do not comply will be tagged by the franchisee and, if not replaced by the next regular collection day, will be considered as rubbish and will be removed by the franchisee in the same manner as any other rubbish.

E. No person shall place, store or otherwise keep any garbage or rubbish container in a receptacle or pit in an exterior location which is not entirely above ground level.

F. Refuse and garbage containers shall not be placed adjacent to the street for pickup more than twenty-four hours before pickup time, and such containers shall be removed within the twelve-hour period following pickup, except in the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area, refuse and garbage containers shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 a.m. following pickup.

G. No person shall place any solid waste into a solid waste container without permission of the owner or tenant of the property on which the container sits. (Ord. 1176, § 1, 1990; Ord. 1192 § 1, 1990; Ord. 1040 (part), 1985; prior code § 5200.1)

8.04.030 Transportation.

A. Solid Waste and Rubbish Transportation. No solid waste or rubbish shall be removed and carried on and along the streets and alleys of the city except that the same be carried, conveyed or hauled in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands.

B. Wet Garbage Transportation. No wet garbage shall be removed and carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers, so that the garbage shall not be offensive and every such container shall be kept clean and the garbage shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. (Prior code § 5200.2)

8.04.040 Collection required at least once a week.

All garbage or refuse of any kind, shall be removed by the city, its agent, employees, or permittees or representatives, at least once every seven days, unless otherwise directed by the city health office or the city engineer. (Prior code § 5200.3)

8.04.050 Health officer and city engineer to direct removal.

It shall be the duty of any franchisee engaged in or conducting the business of collecting garbage or rubbish to remove rubbish or garbage to which the attention of the franchisee may be directed by the health officer or city engineer, and where garbage or rubbish is accumulated and thence removed, any and all the cost of the removal of garbage or rubbish shall be collected in accordance with the provisions of this chapter. (Prior code § 5200.4)

8.04.060 Disposal site.

A. The franchisee shall contract with the operator of a disposal site situated without the city limits for disposal of solid waste collected within the city. All solid waste collected within the city and not separated for recycling shall be delivered to the disposal site and disposed of according to the regulations of the disposal site.

B. The council is authorized to adopt by resolution all necessary rules and regulations for the efficient and sanitary maintenance of the city disposal site, and to change or amend the same. (Ord. 1176 § 2, 1990: prior code § 5200.5)

8.04.070 Use of disposal service mandatory—Collection of charges.

A. The city has determined that periodic collection and disposal of solid waste from all developed properties in the city benefits all occupants of developed properties in the city.

B. The city will provide solid waste collection and disposal service through its franchisee; and all developed properties in the city must use the city’s solid waste collection and disposal service, except that there may be joint or multiple use of solid waste containers, subject to conditions established by the city.

C. The franchisee shall collect all fees for solid waste collection and disposal.

D. The owner of developed property shall be responsible and liable for paying the solid waste collection and disposal fees for that property, although the franchisee will bill a tenant if requested by the owner.

E. Once each year, prior to a date established by the city, the franchisee may take the following actions to collect delinquent solid waste collection and disposal accounts:

1. Present to the city a list of property owners (with corresponding parcel numbers) within the city whose accounts are more than one hundred twenty days past due;

2. Send a certified letter requesting payment to each property owner with a delinquent account;

3. At least thirty days after receiving delivery certification for payment requests, present to the city a list of property owners (with corresponding parcel numbers) whose accounts are still past due.

F. After the franchisee has completed all of the actions listed in paragraph E, the city council will adopt a resolution authorizing the San Luis Obispo county assessor to assess the amounts due on delinquent accounts as liens against the properties. The franchisee shall bear the full cost of any fees charged by the

San Luis Obispo county assessor to lien affected properties. (Ord. 1176 § 3, 1990: prior code § 5200.6)

8.04.080 Collection rates.

Collection rates for solid waste disposal shall be set by a resolution of the council. (Prior code § 5200.6A)

8.04.090 Condition of collection trucks.

Every truck used in the collection and removal of garbage or rubbish shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number:

REFUSE SERVICE

San Luis Obispo, California

No. ____________

(Prior code § 5200.7)

8.04.100 Refuse—Burning or burying.

A. No waste matter, combustible material or refuse shall be burned in the open air within the city, except barbecue fires.

B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the city, whether in an incinerator or not, except as noted in subsection A of this section.

C. No garbage, wet garbage, refuse or rubbish shall be disposed of by burying the same underground, except that rubbish and refuse may be made use of for the filling of low areas within the city when it is properly leveled and covered with dirt and upon written permission of the health officer or city engineer. (Prior code § 5200.8)

8.04.110 Emergency removal.

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or city engineer to constitute a health menace of such nature as necessary to be ordered by either of the officers to be promptly removed. (Prior code § 5200.9)

8.04.120 Disposal by producer.

A. Nothing in this chapter contained shall be construed to prohibit any producer of refuse, garbage or rubbish from personally hauling in producer’s vehicle, through the streets of the city and disposing of same at the city disposal site; provided, that such hauling and disposal shall at all times be subject to the approval of the health officer.

B. The person in charge of any vehicle used to haul refuse, garbage or rubbish under the permission granted by the provisions of this chapter shall, on request from the custodian of or person in charge at the city disposal site, exhibit satisfactory evidence showing that such refuse, garbage or rubbish accumulated in, and was hauled from, the city, and that the producer thereof is a resident of the city.

C. The permission granted by the provisions of this chapter shall not include the right to haul and dispose of dead animals, the refuse from the construction, demolition or alteration of buildings, old automobile bodies or frames, nor any refuse or rubbish originating in a commercial establishment where the quantity exceeds one cubic yard.

D. The city is authorized, by resolution duly adopted by the council, to provide that any person who shall haul his or her own garbage, refuse or rubbish and dispose of the same at the city disposal site shall pay to the franchisee holding a franchise from the city, a fee for such privilege. The rate of such fee shall be established by such resolution and may be changed from time to time by the council by resolution duly adopted by the council. (Prior code § 5200.10)

8.04.130 Certain hauling prohibited.

No person, other than the franchisee, shall collect, remove or haul solid wastes, including, but not limited to, refuse or rubbish, over the streets of the city; provided, however, that this section shall not apply to producer-hauling as provided in Section 8.04.120, nor to persons who have a permit from the health officer or city engineer for emergency removal of the same. (Prior code § 5200.11)

8.04.140 Health regulations—Establishment.

The city engineer in conjunction with the health officer have power to establish rules and regulations not inconsistent with this chapter governing the collection and disposal of refuse, garbage, wet garbage or rubbish; provided, that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city. (Prior code § 5200.12)

8.04.150 Franchise for collection—Authorization.

For the collection and disposal of garbage, refuse and rubbish a franchise may be granted by the city in accordance with and subject to the terms and conditions of this chapter and the City Charter. (Prior code § 5200.14)

8.04.160 Placement of receptacles for pickup—Disputes settlement.

In all cases of disputes or complaints arising from or concerning the place where the garbage, wet garbage, and rubbish receptacles shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the city council or the health officer, and such decision shall be final. (Prior code § 5200.15)

8.04.170 Dumping on private or public premises prohibited.

No person shall dump, deposit, keep or accumulate any brick, mortar or debris incident to the construction of buildings or any other waste material which, if thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private place, creek, lake, drainageway, street, lane, alley or drive, except the same be kept, deposited or allowed to accumulate temporarily, during the period of factual construction on premises under construction or alteration, and in a manner approved by the building inspector. Failure of a building permittee to clean up unapproved accumulations within three working days after the building inspector serves written notice upon the permittee or his or her agent so to do shall result in summary suspension of the building permit until such time as the condition is corrected to the satisfaction of the building inspector. The suspension authorized in this section shall be in addition to the misdemeanor penalties provided for elsewhere in this code. (Ord. 1040 (part), 1985: prior code § 5200.16)

8.04.180 Owners responsibility to maintain premises free of debris and waste matter.

The owner or person in control of any private property shall, at all times, maintain the premises free of rubbish, garbage, refuse, mortar, debris or any other waste material, except pursuant to a permit approved by the city engineer for fill and compaction work, and provided that this section and Section 8.04.170 shall not prohibit the storage of such waste materials in private receptacles for collection. (Prior code § 5200.17)

8.04.190 Placing of handbills or advertising matter in or upon vehicles.

No person shall throw or deposit any handbills or advertising matter in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge, to the receiver thereof, such handbills or advertising matter to any occupant of a vehicle who is willing to accept it. (Prior code § 5200.18)

8.04.200 Storage of certain vehicles prohibited.

Storage or parking of unlicensed vehicles or vehicles not in operating condition, for any period in excess of thirty days, is prohibited. The owner or person in control of any private property shall keep the premises free of any such parked or stored vehicles, except where permitted under the city zoning ordinance and pursuant to a valid city business license. (Prior code § 5200.19)

8.04.210 Clearing of waste matter, debris and vehicles from private property.

A. Notice to Remove. The city engineer is authorized and empowered to notify the owner, his or her agent, or person in control of any private premises within the city, to dispose of waste matter prohibited by Sections 8.04.170 through 8.04.190. Such notice shall be given by posting the private premises and by certified mail addressed to the owner, his or her agent, or such other person at his or her last known address, or by personal service on the owner, agent, person in control or occupant of the property.

B. Content of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the city engineer shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WASTE MATTER

The owner of the property described as follows:_________________________________________________________________________________ commonly known as is hereby ordered to properly dispose of the waste matter located on the property, to wit, within five days from the date thereof. If the disposal of the waste matter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the city engineer of the City of San Luis Obispo shall cause such disposal to be done, and the cost thereof, including any incidental expenses will be made a lien upon said property, pursuant to the provisions of Ordinance No. 250 of the City of San Luis Obispo.
Estimated Cost of Disposal $____________
Date__________

City Engineer of the City
of San Luis Obispo

C. City Engineer to Keep Record. The city engineer shall cause to be kept in his or her office a permanent record containing: (1) a description of each pared of property for which notice to dispose of waste matter has been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4) the charges incurred by the city in disposing of waste matter, and all incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

D. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the waste matter within five days after notice has been given as provided in this section, or within ten days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city engineer is authorized and empowered to pay for the disposal of such waste matter out of the city funds or to order its disposal by city forces. The city engineer and his or her authorized representatives, including any contractor with whom he or she contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon the property for the purpose of disposing of the waste matter described in the notice. Before the city engineer arrives, any property owner may dispose of the waste matter at his or her own expense.

E. Charge to Owner. When the city has effected the removal of such waste matter, or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, shall be charged to the owner of such property and the owner, or his or her agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien.

F. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner within thirty days after date of the billing by the city engineer, he or she shall cause to be recorded with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the waste disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be subject to a delinquent penalty of ten percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The city clerk shall record the lien. The remedy provided in this section shall not constitute an election of remedies by the city. (Prior code § 5200.20)

8.04.220 Enforcement.

A. The city engineer, the health department and the police department are specifically required to enforce the provisions of this chapter, and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this chapter are being conformed with, and no person shall deny or obstruct such entry.

B. No person shall in any manner interfere with the collection or disposal of garbage, refuse or rubbish by any person authorized by franchise to collect and dispose of the same. (Prior code § 5200.13)

8.04.230 Violation—Penalty.

Every person as defined in this chapter who violates any of the provisions of this chapter is guilty of a misdemeanor as set forth in Section 1.12.020. (Prior code § 5200.21)