CHAPTER 14
GARBAGE AND REFUSE

Article 1.    Solid Waste Collection and Disposal.

§ 14-1.    Storage of Solid Waste.

§ 14-2.    Solid Waste Containers.

§ 14-3.    Service Required, Collection.

§ 14-4.    Collection Charges.

§ 14-5.    Suspension of Service.

§ 14-6.    Enforcement.

§ 14-7.    Unauthorized Collection of Recyclables and Other Items for Collection.

§ 14-8.    Penalties, Abatement.

Article 2.    Weed and Rubbish Abatement

§ 14-10.    Public Nuisance.

§ 14-11.    Notice to abate nuisance.

§ 14-12.    Appeal.

§ 14-13.    Removal by City authorities.

§ 14-14.    Charging cost of weed clearance. (Ord 3365, 11/05)

Article 3.    Environmentally Acceptable Food Packaging

§ 14-15.    Definitions.

§ 14-16.    Prohibited Disposable Food Service Ware.

§ 14-17.    Required Biodegradable, Compostable, or Recyclable Disposable Food Service Ware.

§ 14-18.    Exemptions for Biodegradable, Compostable, or Recyclable Food Service Ware.

§ 14-19.    Enforcement and Notice of Violation.

§ 14-20.    Penalties and Fines for Violations.

ARTICLE 1.
IN GENERAL.

Sec. 14-1. Storage of Solid Waste.

It shall be unlawful for any person to place, keep or deposit any solid waste, rubble, rubbish, recyclable material, or other items for collection on any street, alley, sidewalk, public way or any public or private property or premises except in a suitable container for collection. Small amounts of brush and garden trimmings may, however, be kept in a small pile or as a compost heap out of general public view. All containers and recycling containers shall be stored out of public view. All commercial containers must be housed in an enclosure with a concrete pad or other requirements as determined by the Deputy City Manager of Plans and Public Works. (Ord. 3424 § 1, 2009; Ord 3296, 7/01)

Sec. 14-2. Solid Waste Containers.

(a)    In General.

Unless exempt, occupants of every premises shall maintain and utilize sufficient containers provided by the franchisee with correct tight fitting lids and of sufficient capacity to hold any accumulation of solid waste generated between times for collection. Extra containers may be provided by occupants so long as each container does not exceed 32 gallons in capacity and does not exceed seventy (70) pounds when full, although franchisee may charge extra for collecting these containers. Containers must be maintained in a sanitary condition with lids closed and screened from public view.

(b)    Restaurants and Food Facilities.

Each restaurant and facility preparing or serving food shall utilize appropriate equipment necessary to store or dispose of all food waste material. All food waste and solid waste containing food waste shall be kept in leak-proof and rodent-proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids. All wet solid or food waste must be placed in a sealed plastic bag and placed in a trash container. All food waste and solid waste shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. Waste storage areas of food facilities shall be kept clean and free of litter, uncontained solid waste, and vermin, and shall be free from noxious odors.

All non-hazardous liquid waste, including any liquid waste resulting from solid waste accumulation, storage, or from cleaning of solid waste containers in a storage area, must be discharged into the City sewer system.

(c)    Excluded Items.

It shall be unlawful for any person to store, place, keep, or deposit in any solid waste or recycling container, or collection of yardwaste, any of the following:

1.    Dead animals;

2.    Cooking oil renderings;

3.    Fish and fish parts, except that residential occupants may dispose of up to ten (10) pounds of fish or fish parts when sealed in a plastic bag;

4.    Wearing apparel, bedding, equipment, instruments, utensils or other solid waste from any home or other place where any infectious or contagious disease has prevailed;

5.    Medical wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and any substance that may harbor or transmit pathogenic organisms;

6.    Hazardous wastes, including household hazardous wastes and materials.

Disposal of such items may be made only in compliance with rules and regulations established by the Department of Plans and Public Works. (Ord. 3424 § 1, 2009)

Sec. 14-3. Service Required, Collection.

The occupant of each premises within the City, or the owner of any other premises upon which solid waste may be produced or accumulated, shall obtain and maintain adequate disposal service from the City, its agents, or its franchisee, and shall be liable for and shall pay the full amount of any and all fees or charges imposed for such services. As used herein, the term “adequate service” shall be determined by the Deputy City Manager of Plans and Public Works based on the individual circumstances of each case.

Containers for solid waste collection shall be placed adjacent to the street on the day of collection prior to the scheduled time for collection. Except when authorized by the Deputy City Manager of Plans and Public Works upon a showing of reasonable necessity, no person shall leave any residential container or containers, or any other items for collection on specially designated collection dates, at the street curb or in any other place on the property visible from the street before 6:00 p.m. on the day prior to the day of pickup and beyond 7:00 p.m. the day of collection. Commercial containers shall not be stored on any public right-of-way or property, and shall be screened from public view, except on the day of pickup, and shall be returned to their stored location within two hours of pickup.

Containers for solid waste collection shall be placed in such a manner as to be safe and accessible to collection personnel.

No collection shall be made or commenced in residential zones by the City, its agents, or franchisee, before the hour of 6:00 a.m. or after the hour of 5:00 p.m., except on order of the Deputy City Manager of Plans and Public Works. (Ord. 3424 § 1, 2009; Ord 3296, 7/01)

Sec. 14-4. Collection Charges.

Rates for collection of solid waste shall be established by resolution of the City Council.

(a)    Residential service.

All regular residential collection charges shall be due and payable tri-annually in advance on the first day of January, May and September of each year. All other charges shall be due and payable at the time collection is made. The charge for any service started during a billing cycle is payable in advance but will be prorated if stopped prior to the end of the paid period. Charges shall become delinquent if not paid within thirty (30) days of the time payment is due. Delinquent accounts shall be subject to a penalty of 1.5% per month or $10.00, whichever is greater. Accounts paid one year in advance shall receive a discount of 10%.

(b)    Commercial service.

Commercial accounts shall be billed monthly in advance and shall be due and payable on or before the first day of the billing month prior to which service is provided. Accounts shall become delinquent if not paid within fifteen (15) days of the time payment is due. Delinquent accounts shall be subject to a penalty of 1.5% per month or $10.00, whichever is greater.

Sec. 14-5. Suspension of Service.

The owner or occupant of any premises not producing or accumulating solid waste may request in writing from the Deputy City Manager of Plans and Public Works a temporary suspension of service. The Deputy City Manager of Plans and Public Works may grant such suspension of service upon a showing that the services are not necessary. The Deputy City Manager of Plans and Public Works shall cause periodic inspections of premises with suspended service, and if it is found that solid waste is present or service needed, regular solid waste collection shall be resumed immediately. (Ord. 3424 § 1, 2009)

Sec. 14-6. Enforcement.

The City Manager, City Attorney, Deputy City Manager of Plans and Public Works, Health Officer, and such other persons as they may designate, shall enforce the provisions of this Chapter. Such persons may enter upon any premises in the City to ascertain compliance with the provisions of this Chapter. (Ord. 3424 § 1, 2009)

Sec. 14-7. Unauthorized Collection of Recyclables and Other Items for Collection.

It shall be unlawful for any person, other than the City or its authorized franchisee, to remove or take any items for collection, including but not limited to recyclable materials placed in containers for collection. (Ord 3296, 7/01)

Sec. 14-8. Penalties, Abatement.

Violation of any of the provisions of this Chapter shall constitute an infraction or misdemeanor, and shall be punished as set forth in City Code Sec. 1.7.

Additionally, and notwithstanding any other legal remedy, violation of any of the provisions of this Chapter shall constitute a public nuisance and shall be subject to abatement, injunction or other civil action as appropriate.

ARTICLE 2.
WEED AND RUBBISH ABATEMENT.

Sec. 14-10. Public Nuisance.

No owner, agent, lessee, or other person occupying or having charge or control of any building, lot or premises within the City shall permit weeds to remain upon the premises, public sidewalks, streets or alleys between the premises and the centerline of any public street or alley.

“Weeds,” as used in this Article, means all weeds growing upon streets, alleys, sidewalks or private property in the City and includes 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 public health.

(e)    Accumulation of garden refuse, cuttings and other combustible trash.

Every property owner shall remove or destroy such weeds from his property and in the abutting half of any street or alley between the lot lines as extended.

This Article 3, Chapter 14, of this Code, is enacted for the purpose of providing for the summary abatement of such public nuisances under the provisions of Section 38773.5 of the Government Code of the State of California.

Sec. 14-11. Notice to Abate Nuisance.

Whenever any such weeds accumulate to the point that they become a public nuisance, the Deputy City Manager of Plans and Public Works shall give notice to the owner of the property on which the nuisance exists in conformity with Section 14-10 hereof that, unless the nuisance is abated within ten days by the destruction or removal of the weeds, the work of abating the nuisance will be done by the City authorities or a contractor designated by the Deputy City Manager of Plans and Public Works, the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, weeds have been destroyed or removed. (Ord. 3424 § 1, 2009)

Sec. 14-12. Appeal.

A property owner may appeal the determination that the weeds on or about his/her property constitute a public nuisance to the City Council, upon payment of a fee in an amount to be set by resolution. Staff shall give five days notice to the property owner of a hearing on the matter and the City Council shall render its decision within ten days of the hearing on the appeal. Failure to render a decision in that time shall constitute a granting of the appeal.

Sec. 14-13. Removal by City Authorities.

If the weeds constituting a nuisance have not been removed within ten days of the giving of notice thereof, as provided in Section 14-11 hereof, or in the event of an appeal under Section 14-12, within ten days of the decision of the City Council confirming the determination of the Deputy City Manager of Plans and Public Works, then the Deputy City Manager of Plans and Public Works, his assistants or City employees, contracting agents or other representatives, shall enter upon the private property on which the nuisance exists for the purpose of abating the nuisance. The abatement shall be done by spraying, discing and mowing unless it is determined by the Deputy City Manager of Plans and Public Works that such a procedure is impractical. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Deputy City Manager of Plans and Public Works or City employees or contracting agents to enter upon the premises for the purpose of abating the nuisance. (Ord. 3424 § 1, 2009)

Sec. 14-14. Charging Cost of Weed Clearance. (Ord 3365, 11/05)

Within 30 days after abatement of the nuisance, the Deputy City Manager of Plans and Public Works shall notify the owner of the property, as shown on the last equalized assessment roll, of the cost of abatement, which shall include all costs relating to the abatement and administrative costs incurred by the City.

The owner may file a written protest objecting to the amount of the assessment with the City Clerk within 30 days of the date of the notification of costs. The City Clerk shall set the matter for a public hearing by the City Council. The decision of the Council shall be final. Failure to timely protest the amount of the abatement as provided herein shall constitute a failure to exhaust administrative remedies and no further appeal rights shall be granted.

If such costs are not paid within ninety days of the date of notification of the cost of abatement, or if the determination of the City Council as set forth above has not been successfully challenged by a timely writ of mandate, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred.

The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-12 through 1-12.3 inclusive. (Ord. 3424 § 1, 2009)

ARTICLE 3.
ENVIRONMENTALLY ACCEPTABLE FOOD PACKAGING.*

*    Code reviser’s note: Section 4 of Ord. 3426 states: “This ordinance shall take effect six months from and after its final passage and adoption, in order to allow vendors to use up any remaining stock of prohibited product. This ordinance shall become mandatory on the first day of the month following this six-month voluntary period.”

Sec. 14-15. Definitions.

Unless otherwise expressly stated, whenever used in this Article the following terms shall have the meanings set forth below:

(a)    “Affordable” means that a biodegradable, compostable or recyclable product may cost up to 15 percent more than the purchase cost of the non-biodegradable, non-compostable or non-recyclable alternative(s).

(b)    “ASTM standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.

(c)    “Biodegradable” means the ability of organic matter to break down from a complex to a more simple form.

(d)    “City facility” means any building, structure or vehicle owned and operated by the City of Monterey, its agents, agencies, and departments.

(e)    “City contractor” means any person or entity that has a contract with the City of Monterey for work or improvement to be performed, for a franchise, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at the expense of the City.

(f)    “Compostable” means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.

(g)    “Director” shall mean the Deputy City Manager of Plans and Public Works, or his/her designee.

(h)    “Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single-use disposable items such as plastic straws, cup lids, or utensils.

(i)    “Food provider” means any vendor located or providing food within the City of Monterey which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services.

(j)    “Person” means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.

(k)    “Polystyrene foam” means and includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). To include but not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.

(I)    “Prepared food” means food or beverage prepared for consumption on the food provider’s premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation. It is a policy goal of this City to encourage supermarkets and other vendors to eliminate the use of polystyrene foam for packaging unprepared food.

(m)    “Recyclable” means any material that is accepted by the City or special district recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols No. 1 through No. 5.

(n)    “Retail food establishment” shall include, but is not limited to, any place where food is prepared to include any fixed or mobile restaurant, drive-in, coffee shop, public food market, produce stand, or similar place where food or drink is prepared for sale or for service on the premises or elsewhere.

(o)    “Special event” means any special event, regardless of size, sponsored by any commercial or non-profit organization, group, or individual, which is held within the City of Monterey and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Monterey City limits.

Sec. 14-16. Prohibited Disposable Food Service Ware.

(a)    Food providers within the City of Monterey shall not provide prepared food in any disposable food service ware that contains or utilizes polystyrene foam.

(b)    Disposable food service ware that contains polystyrene foam is prohibited from use in all City of Monterey facilities.

(c)    Promoters and participants of special events as defined in this Article are prohibited from providing prepared food in any disposable food service ware that contains or utilizes polystyrene foam.

(d)    The prohibition of disposable food service ware containing or utilizing polystyrene foam shall also apply to all City of Monterey contractors in the performance of City of Monterey contracts and special events sponsored by the City.

(e)    It shall also be a policy goal of the City that business establishments located outside the City limits, but that may sell their products within the City of Monterey, shall not package any food product in any package that contains or utilizes polystyrene foam. The City of Monterey shall promote and encourage, on a voluntary basis, the elimination of all polystyrene foam disposable food service ware by these outside business establishments.

Sec. 14-17. Required Biodegradable, Compostable, or Recyclable Disposable Food Service Ware.

(a)    All food providers within the City of Monterey utilizing disposable food service ware shall use only biodegradable, compostable or recyclable products, unless there is no affordable alternative available as determined by the Director.

(b)    All City of Monterey facilities utilizing disposable food service ware shall use only products that are biodegradable, compostable or recyclable.

(c)    All promoters and participants in special events utilizing disposable food service ware shall use only products that are biodegradable, compostable or recyclable.

(d)    City of Monterey contractors and promoters or participants in City-sponsored special events utilizing disposable food service ware shall also be required to use only biodegradable, compostable, or recyclable products while performing under a City of Monterey contract or permit.

Sec. 14-18. Exemptions for Biodegradable, Compostable, or Recyclable Food Service Ware.

(a)    There are no exemptions that allow for the use of polystyrene foam disposable food service ware by food providers within the City of Monterey.

(b)    The City of Monterey may exempt a food provider from the requirements set forth in Sections 14-16 and 14-17 of this Article for a non-renewable, one-year period upon the food provider showing, in writing, that this Article would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The Director shall prepare a written decision to grant or deny a one-year exemption, which decision shall be final.

(c)    An exemption application shall include all information necessary for the Director to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The applicant may be required to provide additional information.

(d)    The Director may approve the exemption application in whole or in part, with or without conditions.

(e)    Foods prepared or packaged outside the City of Monterey and sold inside the City are exempt from the provisions of this Article except for those foods prepared or packaged in connection with a special event held within the City. Other purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this Article as it is a policy goal of this City to eliminate the use of polystyrene foam for packaging unprepared food.

Sec. 14-19. Enforcement and Notice of Violation.

(a)    The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.

(b)    Violations of this Article shall be prosecuted as misdemeanors, punishable as set forth in Section 1-7 of this code. In addition, each and every such violation shall be subject to the administrative citation process set forth in Article 2, Chapter 1, of this code.

(c)    In addition to the remedies set forth above, the City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this Article.

(d)    The Director shall be responsible for enforcing this Article and shall have authority to issue citations for violations.

(e)    The Director, in accordance with applicable law, may inspect any vendor or food provider’s premises to verify compliance.

(f)    Food vendors shall state that they are in compliance with this Article on their annual business license renewal forms.

Sec. 14-20. Penalties and Fines for Violations.

Violations of this Article shall be enforced as follows:

(a)    For the first violation, a written warning shall be issued to the food provider specifying that a violation of this Article has occurred, and which further notifies the food provider of the appropriate penalties to be assessed in the event of future violations. The food provider will have 30 days to comply.

(b)    Upon failure of the food provider to comply within the 30-day period set forth in subsection (a) of this section, the City may pursue enforcement of this Article utilizing any of the remedies set forth in Section 14-19.

(c)    If issuance of an administrative citation is deemed to be the appropriate enforcement method, such citation shall issue following the failure of the food provider to comply within the 30-day notice period set forth in subsection (a) of this section. The fine amount shall be set forth in the City’s Administrative Fine Resolution. In lieu of said fine, the City may allow the violator to submit receipts demonstrating the purchase of at least $100 worth of biodegradable, compostable, or recyclable products after the citation date, as an alternative disposable food service ware for the items which led to the violation.

(d)    Following the issuance of a first administrative citation, second and subsequent violations of this Article shall result in the issuance of additional administrative citations. The fine amounts of these subsequent violations shall be as set forth in the City’s Administrative Fine Resolution.

(e)    Food providers who violate this Article in connection with special events, as defined in this Article, shall be assessed a graduated administrative fine which shall increase in amount depending upon the number of persons attending said special event. The amount of the graduated administrative fine shall be established and set forth in the City’s Administrative Fine Resolution. (Ord. 3426 § 2, 2009)