Chapter 8.08
SOLID WASTE, YARD WASTE AND HOUSEHOLD HAZARDOUS WASTE
Sections:
8.08.010 Definitions.
8.08.020 Department authorized.
8.08.030 Deposit in public place and accumulation prohibited.
8.08.040 Collection – Contract – Exclusive – Exceptions.
8.08.041 Collection – Solid waste/yard waste – Owner obligations.
8.08.050 Collection – Solid waste/yard waste – Contract – Contents.
8.08.060 Collection – Solid waste/yard waste – Single-unit residential – Frequency.
8.08.061 Collection – Solid waste/yard waste – Multi-unit residential and commercial premises – Frequency.
8.08.070 Collection – Solid waste/yard waste – Fees.
8.08.080 Collection – Interference prohibited.
8.08.090 Solid waste, yard waste, hazardous waste – Burning.
8.08.100 Solid waste, yard waste, hazardous waste – Burying.
8.08.110 Solid waste, yard waste – Receptacles.
8.08.120 Solid waste, yard waste – Collection – Exclusive right.
8.08.130 Household hazardous waste collection – Contract – Contents.
8.08.140 Household hazardous waste disposal – Owner obligations.
8.08.150 Transportation.
8.08.160 Vehicle maintenance.
8.08.170 Emergency removal.
8.08.180 Street sweeping – Contract – Contents.
8.08.190 Street sweeping – Owner/occupant obligations.
8.08.200 Billing charges to be a lien.
8.08.210 Federal and state law controlling.
8.08.220 Violations.
For statutory provisions authorizing cities to contract for the collection and disposal of garbage and solid waste, see Public Resources Code §§49300 and 40059; for provisions on burning of garbage, see Public Resources Code §§49600 – 49602 and 49620.
Prior ordinance history: Ords. 621, 681, 744, 1100, 1341 and prior code §§10.1 – 10.21.
8.08.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Bulky waste” means and includes discarded large and small household and industrial appliances, discarded furniture, discarded tires, discarded carpets, discarded mattresses and similar large discarded items.
B. “Commercial premises” means and includes all premises except residential premises. This term specifically includes, but is not limited to, any and all facilities operated by or for the benefit of city, county, special districts, school districts, state, (including the California Medical Facility and California State Prison, Solano) federal, and other governmental entities within the city, unless exempt by law from the application of the requirements of this section to their premises. All structures on the same legal parcel which are owned by the same person shall be considered as one “commercial premises.”
C. “Compostables” means and includes vegetable, yard and wood wastes which are not hazardous waste and any other organic wastes which are capable of controlled biological decomposition, excluding hazardous waste and any animal waste other than manure.
D. “Contractor” means and includes any entity and any agents or employees thereof with whom the city has duly contracted under the terms hereinafter set out in this chapter, to collect, transport through the streets, alleys or public ways of the city and to dispose of solid waste, yard waste and/or recyclable materials produced and discarded within the limits of the city.
E. “Garbage” means and includes any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that results from or attends the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, vegetables, grains or other animal or vegetable matter. It also includes bottles, glass, tin vessels, ashes and all refuse save and excepting rubbish, stable matter, yard waste, any type of hazardous waste, and recyclables which have been separated by the generator for recycling.
F. “Household hazardous waste” means and includes all toxic, corrosive, flammable, ignitable and reactive waste. “Household hazardous waste” means and includes waste material that is purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly stored, treated, disposed of or otherwise managed.
G. “Household hazardous waste collector” means and includes any entity and any agents or employees thereof with whom the city has duly contracted under the terms hereinafter set out in this chapter, to collect, transport through the streets, alleys or public ways of the city and to dispose of household hazardous waste generated and/or discarded within the limits of the city.
H. “Multiple-unit dwelling” means any residential premises containing four or more separate units.
I. “Person” means and includes an individual, firm, corporation, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
J. “Premises” means and includes any land, building and/or structure, or portion thereof, in the city where solid waste, yard waste or household hazardous waste is produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.
K. “Recyclable materials” means and includes discarded solid waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.
L. “Recyclables” means and includes materials which are capable of being recycled, reclaimed, or reused in any way.
M. “Refuse” means and includes all types of solid wastes, including garbage, rubbish, stable matter, recyclables which have not been separated by the generator from other solid waste for recycling, all matter and materials which are rejected by owners or generators thereof as offensive or useless and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community by increasing disease or hazard by fire, and any other solid waste, but excluding any type of hazardous waste and yard waste.
N. “Residential premises” means and includes any premises used or designed for use for residential purposes, irrespective of whether residence therein is transient, temporary, or permanent.
O. “Rubbish” means and includes all treated wood, treated wood products, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, and other products such as are used for packaging or wrapping crockery, ashes, cinders, floor sweepings, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definition of garbage, hazardous waste or yard waste.
P. “Solid waste” means and includes all putrescible and nonputrescible solid and semisolid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, manure, vegetable or animal solid and semisolid wastes, discarded recyclables which have not been separated by the generator from other solid wastes for recycling and other discarded solid and semisolid waste.
Solid waste does not include abandoned vehicles or parts thereof.
Solid waste does not include household hazardous waste, hazardous waste or low-level radio-active waste regulated under Chapter 8 (commencing with Section 114960 of Part 9) of Division 104 of the Health and Safety Code.
Solid waste does not include medical waste which is regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
Solid waste does not include dewatered, treated or chemically fixed sewage sludge or any other type of processed sludge or biosolids, whether or not it is hazardous waste.
Solid waste does not include “yard waste” as defined in subsection on Q of this section.
Solid waste does not include items which would be recyclable materials but for the fact that they are personally separated from other solid waste by the generator thereof and are donated or sold to third parties. For purposes of this chapter, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fee or tangible consideration) either: (1) in lieu of being directly charged for collecting, transporting, processing or recycling such item, or (2) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of or reduction in the disposal service rate on unsegregated solid waste containing such an item be deemed to be the donation or sale of such an item to a third party.
Q. “Yard waste” means and includes all tree and shrubbery trimmings, grass, weeds, leaves, or other organic material or garden trimmings. (Ord. 1570 §1(part), 1997).
8.08.020 Department authorized.
The power is granted the city council to create at any time, by resolution, a waste department of the city, and to collect, remove and dispose of all solid waste or yard waste or household hazardous waste as a sanitary measure and as a benefit to the public health. (Ord. 1570 §1(part), 1997).
8.08.030 Deposit in public place and accumulation prohibited.
It is unlawful for any person to throw, deposit, keep, accumulate, permit, or cause any solid waste, yard waste, except that being actively composted, or any type of hazardous waste to be thrown, deposited, kept or accumulated upon any public or private lot or parcel of land, or on any public or private place, street, lane, alley, drive, gutter, drain facilities, park, creek, vacant lot, backyard, side yard or front yard, or to store or to keep the same, unless the same is kept, deposited, stored or allowed to accumulate as provided in this chapter.
Any such deposit or accumulation of solid waste, yard waste or hazardous waste in violation of this provision shall be deemed a public nuisance as set forth in Chapter 8.10 (Public Nuisance) of the Vacaville Municipal Code, and the person owning, leasing, occupying or having charge or possession of any premises in violation of this section shall be subject to the provisions of Chapter 8.10 (Public Nuisance) of the Vacaville Municipal Code. (Ord. 1570 §1(part), 1997).
8.08.040 Collection – Contract – Exclusive – Exceptions.
A. At such time as there is in force a contract entered into by the city with any entity (to be known as “contractor”) for the collection of solid waste and/or yard waste and/or recyclable materials, it is unlawful for any person, other than the persons in the employ of the contractor, or its agents, having such contract, to collect, haul or transport any solid waste or yard waste or recyclable materials within the city, except as otherwise set forth in this chapter or as provided by law.
B. Notwithstanding the above, contractor shall not have the exclusive right to collect, haul, transport or dispose of the following types of solid waste or yard waste:
1. Garden trimmings and yard waste when removed and transported by the gardening service performing the gardening;
2. Rubbish generated by construction and demolition which is accumulated as the result of new construction, structure demolition or modification, when:
a. The building or demolition/modification contractor owns and operates the hauling equipment necessary to remove and haul the demolished construction and modification rubbish generated, or
b. The construction and demolition rubbish generated is hauled by a vehicle or trailer commonly known as an “end dump” which vehicle or trailer must have a non-detachable debris container with an open top and cannot be capable of loading itself and the driver remains with the vehicle while it is being loaded, provided further that equivalent services or equipment are not available from the contractor;
3. A building or demolition/modification contractor may not subcontract for construction and demolition rubbish hauling services except as is set forth in Section 8.08.040(B)(2)(b), above;
4. Solid waste or yard waste which must be removed only as incident to the infrequent clearing of a premise(s) and when a vehicle or container of no greater than five cubic yards capacity is used to remove the solid waste or yard waste;
5. Rubbish, yard waste or bulky waste created or produced by a resident or his or her household and hauled or transported by the resident of the premises, provided the same is kept, hauled or transported and disposed of under the rules and regulations prescribed in this chapter. (Ord. 1577 §1, 1997: Ord. 1570 §1(part), 1997).
8.08.041 Collection – Solid waste/yard waste – Owner obligations.
A. Every owner of residential or commercial premises occupied by any person shall subscribe for and pay the contractor for solid waste and yard waste collection and disposal and at such rates as may be set by contractor and approved by resolution of the city council from time to time.
B. The owner of any occupied single-family residential premises shall subscribe to and pay for solid waste and yard waste collection service made available to the occupied single-family residential premises by the contractor and shall place at a location designated by contractor in accordance with the provisions of this chapter, a container or containers provided by contractor, for deposit of solid waste and yard waste in accordance with the provisions of this chapter and as set forth from time to time by contractor upon reasonable notice to generator.
C. Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement under which payments for garbage collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner’s obligation as provided herein.
D. Upon reasonable notice from contractor, owners of single-family residential premises shall comply with such mandatory waste separation requirements, including, but not limited to, separation of solid waste, yard waste and/or recyclable materials as set forth from time to time by contractor and as approved by the city council. (Ord. 1570 §1(part), 1997).
8.08.050 Collection – Solid waste/yard waste – Contract – Contents.
A. For the collection and disposal of solid waste and/or yard waste, a contract for a period not to exceed twenty-five years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter. Additionally, if performance requirements are specified in the collection contract and those performance requirements are met, the collection contract term may be extended as set forth in its provisions.
B. Such contract shall provide that the contractor shall collect and dispose of the solid waste and yard waste in the city in the manner provided for in this chapter, and shall not charge any amounts in excess of the rates specified in this chapter, or as set from time to time by the contractor and approved by resolution by the city council. The contractor shall be required to furnish a cash surety bond to the city in the penal sum of five thousand dollars conditioned upon the faithful performance of the contract and the provisions of this chapter. Such contractor shall have the sole exclusive right, except as in this chapter otherwise provided, to collect all solid waste and yard waste generated in the city, and transport the same through the streets and public ways of the city. Such contract shall also require that the contractor procure for the period covered by the proposed contract, full compensation insurance in accordance with the workmen’s compensation insurance safety provisions of the California Labor Code. Such contract shall also require that the contractor carry public liability insurance to the extent of one million dollars for the death or injury of one person, two million dollars for the death or injury of more than one person, and property damage insurance to the extent of twenty-five thousand dollars upon each of the trucks or other vehicles used by contractor in carrying out the work set forth in the contract. The city council, by resolution, shall have the power to provide for the inclusion in such contract of such terms as it deems necessary to protect the public health and safety and the financial interests of the city, including, but not limited to, hours of operation, frequency of service, specified disposal facility, reporting requirements and notice requirements. The violation of such agreed upon terms shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto.
C. Before such contract is entered into sealed bids may be called for by the city council, on notice by publication in a newspaper of general circulation in the city, not less than one time, and the contract awarded to the most responsible proposer. Each proposal or bid shall be accompanied by a certified check payable to the city in the sum of five hundred dollars which sum shall be forfeited to the city if proposer to whom the contract is awarded fails or refuses to enter into the contract within fifteen days after the date of mailing to the successful proposer the “Notice of Award Contract.” The city council shall reserve the right to reject any and all proposals.
D. The consideration paid to the city upon which the bids shall be based is as follows:
Either:
1. Based on a percentage of the gross proceeds of the entire business to be awarded under the proposed contract; or
2. Based on a flat monthly payment by the contractor to the city.
The bidders shall bid on either or both of these alternative plans.
E. Such contract shall also provide that the contractor shall obtain a contract granting it rights to dispose of all waste pursuant to this agreement at the disposal site located at 6426 Hay Road, Vacaville, commonly known as B&J Landfill, or other such facility as the city council may from time to time specify, consistent with the terms of the franchise agreement. The contract between contractor and B&J Landfill, or such other disposal facility, shall be subject to the approval of the city council and shall include terms allowing, without charge, the city to use the landfill for the deposit of solid waste or yard waste from the streets or other areas collected during the regular work of street maintenance and park maintenance crews of the city and requiring the landfill to remain open every Saturday and/or Sunday for the convenience of persons bringing solid waste, rubbish, yard waste or bulky waste to the landfill.
F. The financial records of the contractor shall be subject to audit and checking at any reasonable time by the city, and the payments to the city by the contractor shall be due and payable at the beginning of each month, if flat monthly payment plan is accepted, and shall be payable at the end of each quarter if gross percentage plan is accepted. (Ord. 1570 §1(part), 1997).
8.08.060 Collection – Solid waste/yard waste – Single-unit residential – Frequency.
There shall be at least one solid waste (excluding uncontainerized bulky waste) and yard waste collection per week for all single-unit residential premises.
Uncontainerized bulky waste shall be collected by contractor upon the request of the generator, at the rate set by contractor and approved by the city council. (Ord. 1570 §1(part), 1997).
8.08.061 Collection – Solid waste/yard waste – Multi-unit residential and commercial premises – Frequency.
Contractor shall collect solid waste and yard waste on such days and at such frequencies as the generator or owner and contractor shall mutually determine, provided that collection shall be performed at least once each seven days. (Ord. 1570 §1(part), 1997).
8.08.070 Collection – Solid waste/yard waste – Fees.
Any person or business from whom solid waste or yard waste is collected under the provisions of this chapter shall pay to the contractor, or other persons designated by the city council to receive the same, such fee as may be set by the contractor and approved by the city council by resolution from time to time for said services. Multi-unit residential premises with five or more units shall be treated as commercial premises for purposes of collection service and fees. Residential premises of two, three or four units, condominium properties and mobile home parks shall have the option of receiving service and being billed as either individual subscribers with each unit having its own residential service, or as a commercial subscriber with the entire complex receiving commercial service and being billed as one commercial account. Such determination shall be made by the property owner and communicated to contractor. (Ord. 1570 §1(part), 1997).
8.08.080 Collection – Interference prohibited.
It is unlawful for any person in any manner to interfere with the collection and/or disposal of solid waste, yard waste, recyclable materials or household hazardous waste by any person authorized by license, franchise or contract to collect and dispose of same. (Ord. 1570 §1(part), 1997).
8.08.090 Solid waste, yard waste, hazardous waste – Burning.
It is unlawful for any person to burn or cause to be burned in the city any solid waste, yard waste or hazardous waste of any kind or nature without prior approval by the city and those state and federal agencies which have regulatory authority over such activities. (Ord. 1570 §1(part), 1997).
8.08.100 Solid waste, yard waste, hazardous waste – Burying.
It is unlawful for any person to bury any solid waste, yard waste, except that being actively composted, or hazardous waste at any place within the city, unless otherwise provided in this chapter. (Ord. 1570 §1(part), 1997).
8.08.110 Solid waste, yard waste – Receptacles.
It is unlawful for any person to keep, accumulate or permit to be accumulated any waste or yard waste, except yard waste being actively composted, upon any lot or parcel of land, or on any public or private place, street, lane, alley, gutter, drain facilities, park, creek, vacant lot, backyard, sideyard or front yard, unless the same is in receptacles provided by or approved by contractor as set forth in this chapter. Such receptacles are to be provided with close-fitting lids or covers which shall be kept closed at all times, except when necessarily opened to permit solid waste or yard waste to be taken therefrom or deposited therein.
On the specified collection days, the receptacles shall be placed so as to be readily accessible for removal and emptying of the material contained therein as specified by the contractor and in compliance with Section 8.08.041 of this Municipal Code. (Ord. 1570 §1(part), 1997).
8.08.120 Solid waste, yard waste – Collection – Exclusive right.
It is unlawful for any person other than the authorized contractor designated by the city, or an agent or employee thereof, to collect or convey through the streets, alleys or other public thoroughfares of the city any solid waste, yard waste, recyclable materials, or any other matter offensive to the sight or smell, or collect or dispose of the same except as provided in Section 8.08.040, and except as otherwise provided by law; and provided further, that any manufacturer or processor of fruits, vegetables or other foods may be exempted from the provisions of this chapter upon filing an application therefor to the city council and obtaining consent of the city council and thereafter complying with the terms and conditions of such consent. (Ord. 1570 §1(part), 1997).
8.08.130 Household hazardous waste collection – Contract – Contents.
A. For the collection and disposal of household hazardous waste, a contract for a period of not to exceed twenty-five years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
B. Such contract shall provide that the contractor shall operate collection sites and dispose of collected household hazardous waste in the manner provided for in this chapter. The contractor shall be required to furnish a performance bond to the city in the penal sum of five thousand dollars or an amount as agreed upon by and between the city’s risk manager, city attorney and the contractor, conditioned upon the faithful performance of the contract and the compliance with the provisions of this chapter. The performance bond requirement may be waived or amended by mutual agreement of the parties. Such contract shall also require that the household hazardous waste contractor procure for the period covered by the proposed contract, full compensation insurance in accordance with the workmen’s compensation insurance safety provisions of the California Labor Code. Such contract shall also require that the contractor carry public liability insurance to the extent of one million dollars per occurrence for the bodily injury, personal injury and property damage, automobile liability insurance to the extent of one million dollars combined single limit per accident for bodily injury and property damage upon each of the trucks or other vehicles used by the household hazardous waste contractor in carrying out the work set forth in the contract, and pollution liability insurance in the amount of one million dollars per occurrence and two million dollars aggregate. Additionally, such other amount may be required as set forth by the city’s risk manager and the city attorney. The city council, by resolution, shall have the power to provide for the inclusion in such contract such terms as it deems necessary to protect the interests of the city, including but not limited to, hours and days of operation, reporting requirements, receipt and storage requirements, transportation requirements, personnel requirements, and notice of release requirements, the violation of which shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto.
C. Such contract shall also provide that the household hazardous waste contractor shall be responsible for contracting with a licensed hazardous waste hauler for the hauling of the household hazardous waste collected at the collection site to the a licensed disposal site. The contract with the licensed hazardous waste hauler shall be subject to approval by the city’s public works director.
D. Such contract shall also provide that the household hazardous waste contractor shall be responsible for the safe handling and storage of the hazardous wastes from the time the hazardous wastes are delivered to the disposal site until they are delivered to a licensed hazardous waste hauler and loaded onto a transport vehicle for transport to a permitted treatment/disposal site as designated on an uniform hazardous waste manifest.
E. Such contract shall provide that the household hazardous waste contractor shall obtain all required federal, state, and local permits, variances, and other approvals for the household hazardous waste collection operations. (Ord. 1570 §1(part), 1997).
8.08.140 Household hazardous waste disposal – Owner obligations.
A. Household hazardous waste disposed of within the city limits may only be disposed of at a licensed and permitted household hazardous waste collection facility.
B. No household hazardous waste shall be included in or combined with generator’s weekly solid waste or yard waste. (Ord. 1570 §1(part), 1997).
8.08.150 Transportation.
In addition to any state or federal requirements, no solid waste, yard waste or hazardous waste of any kind or nature shall be removed and carried on or along the streets and alleys of the city by any person, including contractor, except when the same is carried, conveyed or hauled in any truck, vehicle or trailer so constructed as to be absolutely dustproof and leakproof, and so arranged as not to permit dust, debris or other matter to sift through, leak onto or fall upon the streets and alleys. The contents of such truck, vehicle or trailer must be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (Ord. 1570 §1(part), 1997).
8.08.160 Vehicle maintenance.
Every truck, vehicle or trailer used by contractor in the collection of solid waste and/or yard waste shall be kept well painted, clean inside and out. (Ord. 1570 §1(part), 1997).
8.08.170 Emergency removal.
Nothing in this chapter shall be deemed to prohibit the removal and hauling by any person other than the contractor, materials considered by the health officer or police department to constitute a health menace of such a nature as necessary to be ordered by either of the officers to be promptly removed. (Ord. 1570 §1(part), 1997).
8.08.180 Street sweeping – Contract – Contents.
Contractor shall provide street sweeping services on city residential streets and on city streets located in business districts and major arterials at a regular frequency as provided in the contract.
Contractor shall provide all owners and occupants of all premises in the city reasonable notice of the schedule when street sweeping will occur in specified areas of the city. Such notice shall be provided to property owners at least annually and upon a change in ownership or occupancy, as set forth in the contract.
The city council, by resolution, shall have the power to provide for the inclusion in the contract such terms as it deems necessary to protect the interest of the city, including but not limited to, hours and days of operation, reporting requirements, and notice provisions, the violation of which shall be deemed a breach of contract and/or a violation of the Vacaville Municipal Code and may be enforced pursuant thereto. (Ord. 1570 §1(part), 1997).
8.08.190 Street sweeping – Owner/occupant obligations.
Owners and occupants of premises shall remove all automobiles and other items under their ownership and/or control from the streets in the vicinity of their premises on the dates and during the times when street sweeping is scheduled to occur, subject to the rules and procedures set forth by contractor and approved by the city council. (Ord. 1570 §1(part), 1997).
8.08.200 Billing charges to be a lien.
A. All billing for waste collection shall be made by the contractor. All charges shall become delinquent ninety days after billing date.
B. If the bill remains unpaid after the billing due date the contractor shall be entitled to a late charge as approved by resolution by the city council. Contractor shall provide notice of the late charge on the subsequent bill.
Any delinquent accounts may be subject to the lien process. If a bill becomes delinquent, contractor may send a notice of delinquency to the owner. The form and content of the delinquency notice sent by the contractor shall be approved by the director of public works. The contractor shall simultaneously file with the director of public works a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent.
C. Should the bill remain unpaid at the expiration of the fifteen days following the delinquency notification, the contractor may assign said bill to the city for lien proceedings. Once the bill is assigned to the city for lien proceedings, as part of the lien proceedings an administrative fee shall also be assessed.
D. Upon the city’s receipt of the assignment from the contractor and at the convenience of the city (once per year during the month of May), the public works director may initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection (including street-sweeping) has been rendered.
E. The lien will be officially recorded in the county recorder’s office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the director of public works that the late charges and administrative charges are due the city and that such lien has been recorded. (Ord. 1570 §1(part), 1997).
8.08.210 Federal and state law controlling.
The provisions of this chapter shall be subject to changes made in any government contract entered into by the federal government or any state or federal law enacted concerning garbage, rubbish, solid waste, yard waste or hazardous waste disposal in and from public housing units within the city limits. (Ord. 1570 §1(part), 1997).
8.08.220 Violations.
Any person who violates or fails to comply with any of the provisions of this chapter on two or fewer occasions within one year shall be guilty of an infraction for each of the first two violations and shall be punished as provided in Chapter 1.16.
Any person who violates or fails to comply with any of the provisions of this chapter on three or more occasions within one year shall be guilty of a misdemeanor for each subsequent violation after the second violation committed within the one year period and shall be punished as provided in Chapter 1.16 of this code. (Ord. 1570 §1(part), 1997).