Chapter 9.06
GARBAGE AND REFUSE

Sections:

9.06.010    Definitions.

9.06.020    Exclusive right of collection.

9.06.030    Right to grant franchise.

9.06.040    Collection by contractor mandatory.

9.06.050    Prohibited acts.

9.06.060    Waste containers.

9.06.070    Location of waste containers.

9.06.080    Frequency of required collection.

9.06.090    Requirements for hauling waste.

9.06.100    Fees for waste collection services.

9.06.110    Billing – Charges to be a lien.

9.06.120    Removal of dangerous material.

9.06.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Contractor” means an agent or employee of the City or a person or entity with whom the City contracts to collect and dispose of residential, commercial, and industrial garbage, refuse and rubbish produced in the City.

“Garbage” means kitchen and table refuse, offal, swill, and every accumulation of animal, agricultural, fruit and vegetable refuse and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, birds, fruits, or vegetables, cans, bottles, containers, wrappings and packaging materials soiled with foods and waste material.

“Parking lane” means any area at the edge of the public right-of-way where parking is not prohibited by statute, ordinance, or resolution.

“Refuse” includes all matter and material other than garbage rejected by owners or producers of it as offensive or useless and which by its presence or accumulation may injuriously affect the health, comfort and safety of the community by increasing disease or hazard and shall include ashes when placed inside a plastic liner within the waste container.

“Rubbish” means paper, rags, clothing, packing boxes and cartons, and packing materials, other than garbage, that ordinarily accumulate in the operation of a household or business. Excluded are large household furniture, yard waste, tree stumps, automobile parts and accessories, and heavy metals.

“Solid waste” means garbage, refuse, yard waste, or rubbish.

“Yard waste” means tree and shrubbery trimmings, grass, weeds, leaves, or other organic material accepted for separate collection from refuse by contractor. [Ord. 12-008.]

9.06.020 Exclusive right of collection.

Except as may otherwise be provided in this chapter, the City reserves to itself or its authorized designee the exclusive right to gather, collect, and remove garbage, refuse and rubbish from premises within the City. No person other than those specified in this section shall gather, collect, or remove from any public street, alley or highway, take any waste from any receptacle in which the same is placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof. [Ord. 12-008.]

9.06.030 Right to grant franchise.

A. The City, subject to all applicable State laws, specifically retains the right to grant an exclusive franchise or franchises for the collection of garbage, refuse, yard waste, or rubbish from all residential, commercial, and industrial premises.

B. The City may terminate any contract entered into under this chapter and revoke the franchise granted by it if the contractor violates the contract, this chapter, or a rule or regulation of the City. Such right of revocation shall be governed by provisions relating thereto set forth in any applicable franchise agreement. [Ord. 12-008.]

9.06.040 Collection by contractor mandatory.

It is mandatory for every person in the City to take waste collection service provided by the contractor. [Ord. 12-008.]

9.06.050 Prohibited acts.

No garbage or other waste shall be burned, nor shall garbage, refuse, or rubbish be allowed to accumulate, or be buried, dumped, scattered, or placed on any property within the City, except as otherwise permitted by this chapter. Any unauthorized accumulation of waste on any premises is hereby declared to be a nuisance and is prohibited. Any such prohibited accumulation may be disposed of by the City or its contractor at the sole cost and expense of the residential, commercial, or industrial customer. [Ord. 12-008.]

9.06.060 Waste containers.

A. All waste, except as otherwise provided, shall be placed within containers provided by the contractor.

B. Nothing in this chapter shall be construed so as to allow the maintenance of less than one (1) waste container per dwelling unit except as may be provided by specific arrangement with the contractor.

C. All containers shall, when filthy, leaking, or in a defective state, be cleaned by the subscriber and repaired or replaced by the contractor.

D. Tree and shrub prunings, not exceeding three (3) feet in length, need not be containerized providing they are tied with string or twine and in bundles not exceeding two (2) feet in diameter, and placed adjacent to or on top of the required yard waste container. [Ord. 12-008.]

9.06.070 Location of waste containers.

Waste containers shall be placed for collection at ground level in front of the property receiving service and adjacent to and within two (2) feet of the curb, or, if there is no curb, then within two (2) feet of the edge of pavement, or, if there is no pavement, at the edge of the roadway. At properties with a sidewalk adjacent to the curb, the waste container shall be placed so as not to substantially impede the flow of pedestrian traffic on the sidewalk. Alternative locations for waste containers shall include the driveway area within two (2) feet of the curb or in the street within two (2) feet of the curb if the street includes a parking lane. These alternatives are especially effective where parked vehicles frequently block effective pickup of waste containers by the contractor. At properties where the sidewalk is separated from the curb by a planter area or with no sidewalk, containers shall be placed adjacent to and within two (2) feet of the curb. Waste containers shall be placed a minimum of three (3) feet from each other and from other temporary or fixed objects, such as cars and trees, which conflict with the ability of the contractor’s vehicle to empty the container(s). Where contractor determines that a customer is unable, due to age or disability, to place containers at curbside, then, with the approval of the contractor, containers may be placed for collection at other than a curbside location. Contractor may set an additional charge for said extra service with prior approval of the City. [Ord. 12-008.]

9.06.080 Frequency of required collection.

A. Residential garbage, refuse, and rubbish shall be collected at least once each week.

B. Yard waste and other recyclable materials, approved by the City for separate collection from the rest of the wastestream, shall be collected every week unless less frequent collection is approved by the City.

C. Commercial waste shall be collected as provided by agreement with the contractor, but not less frequently than once per week, provided, however, where necessary to protect the public health, the City Manager or his authorized representative may require that more frequent collection be made. [Ord. 12-008.]

9.06.090 Requirements for hauling waste.

Garbage conveyed on streets in the City shall be hauled in an all metal watertight bodied motor truck that must be approved for such use by the City. So far as is practicable, rubbish and refuse conveyed on streets in the City shall be hauled in an all metal watertight motor truck in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. [Ord. 12-008.]

9.06.100 Fees for waste collection services.

Fees for residential, commercial, and industrial (debris box) waste collection services shall be set by the contractor, subject to the approval of the City Council. [Ord. 12-008.]

9.06.110 Billing – Charges to be a lien.

A. Single-Family Dwellings.

1. All charges shall become delinquent seventy-five (75) days after the billing date.

2. If the bill remains unpaid after the date of delinquency, the contractor shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until fifteen (15) days after notification of the delinquency to the owner and recipient of the service. The form and content of the delinquency notice shall be approved by the City Finance Director. The contractor shall simultaneously file with the Finance Director 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.

3. Should the bill remain unpaid at the expiration of fifteen (15) days, the contractor may assign said bill to the City for lien proceedings.

4. Upon the City’s receipt of the assignment from the contractor and at the convenience of the City (not less than once per year), the Finance Director shall initiate proceedings complying with Cal. Gov’t Code §§ 38790.1 and 25831 to create a lien on the real property to which the garbage collection and street sweeping has been rendered.

5. The lien will be officially recorded in the County Recorder’s office or placed for collection with the County Auditor. The lien may carry such additional administrative charges as may be set forth by resolution of the City Council. The owner shall be notified by the Finance Director that the delinquency charges and administrative charges are due the City and that such lien has been recorded.

B. Bills for Service to Premises Other Than Single-Family Dwellings.

1. All charges shall become delinquent thirty (30) days following the end of the service period for which the bill is rendered.

2. All delinquent accounts are subject to stoppage of service without notice unless otherwise directed by the City Manager. The stoppage of services for nonpayment of collection charges shall be in addition to the right of the contractor to proceed for the collection of such unpaid charges in the manner provided for by subsection A of this section. [Ord. 12-008.]

9.06.120 Removal of dangerous material.

A. Highly inflammable or explosive materials shall not be placed in waste containers for regular collection but shall be disposed of as directed by the Fire Chief at the expense of the person owning or possessing such materials.

B. Removal of wearing apparel, bedding or other waste from a place where highly infectious or contagious disease has prevailed shall be under the direction of the County Health Department. Such waste shall not be placed in containers for regular collection. [Ord. 12-008.]