Chapter 8.40
SOLID WASTE, RECYCLABLES AND ORGANICS MANAGEMENT

Sections:

Article I. General Provisions and Definitions

8.40.010    Citation of chapter.

8.40.020    Declaration of policy.

8.40.030    Declaration of purpose.

8.40.040    Definitions.

Article II. Accumulation, Preparation and Storage – Subscription to Collection Service – Set Out Procedures

8.40.050    General provisions.

8.40.060    Maintenance of nuisance prohibited – Person responsible for collection or other removal.

8.40.070    Requirement to deposit municipal solid waste, recyclables, organics and other materials in appropriate containers.

8.40.080    Residential collection service – Franchise collector sole authorized collection company.

8.40.090    Basic residential collection service, including single-family and multifamily.

8.40.100    Residential collection service – Requirement to segregate recyclables, organics, and municipal solid waste.

8.40.110    “Zero generator” exemption from residential recyclables collection fee component.

8.40.120    “Zero generator” exemption from residential organics services fee component.

8.40.130    Improper disposal of residential organics or recyclables to avoid payment for services infraction of municipal law.

8.40.140    Business municipal solid waste collection service – Franchise collector sole authorized collector – Commercial recyclables and organics collection service – Franchise collector has been granted exclusive franchise for commercial recyclables and organics.

8.40.150    Location and frequency of collection service – Single-family dwellings, businesses eligible for can service, and placement and removal of containers and bulky materials from curbside.

8.40.160    Overages collection – Requirement to subscribe to adequate service level.

8.40.170    Location and frequency of collection services – Multifamily dwellings and commercial generators.

8.40.180    Repealed.

8.40.190    Trash enclosures shall conform to zoning regulations.

8.40.200    Materials prohibited from disposal.

8.40.210    Special procedures for disposal of motor oil, construction and demolition debris, household hazardous waste.

8.40.220    Requirement of payment for services and administrative fee.

Article III. Collection and Transportation

8.40.230    No person shall collect municipal solid waste without franchise or contract and compliance with the Fremont Municipal Code, including all administrative rules and procedures promulgated herein.

8.40.240    No person shall collect residential recyclables without franchise and compliance with the city’s municipal code, including all administrative rules and procedures promulgated herein.

8.40.250    No person may collect commercial recyclables or organics without franchise, or proper authorization from city and compliance with the city’s municipal code, including all administrative rules and procedures promulgated herein.

8.40.260    Collection of municipal solid waste as recyclables prohibited.

8.40.270    Landfill disposal of recyclables prohibited.

8.40.280    Rights to recyclables – Unauthorized removal or collection prohibited.

8.40.290    Authority of city to classify materials.

8.40.300    Compliance with both the city’s municipal code and terms of franchise, administrative rules and procedures and/or business license required.

8.40.310    Particular duties of franchise collector.

8.40.320    Collection hours in residential areas, mixed-use developments and transit-oriented development (TOD).

8.40.330    Duty to identify vehicles and containers.

8.40.340    Unauthorized use of city name prohibited.

8.40.350    Duty to maintain vehicles and equipment in safe and sanitary condition.

8.40.360    Duty to exclude hazardous waste.

8.40.370    Duty to prevent and remediate spills – Special provisions for oil or other fluid spills.

8.40.380    Information requirements for collectors.

8.40.390    Duty to return containers to trash enclosure.

8.40.395    Administrative rules and procedures.

Article IV. Disposal of Garbage

8.40.400    Disposal on premises where produced.

8.40.410    Disposal other than on premises where produced.

8.40.420    Application for permit to operate disposal site.

8.40.430    What application must show.

8.40.440    Disposal site operation regulations.

8.40.450    Granting of license or permit.

8.40.460    Revocation of license or permit.

8.40.470    Hog farm – Prohibited.

8.40.480    Animal feeding yard – Application for permit to operate.

8.40.490    What application must show.

8.40.500    Animal feeding yard regulations.

8.40.510    Granting of license and permit.

8.40.520    Revocation of license or permit.

Article V. Variances

8.40.530    Findings and requirements in connection with variance.

8.40.540    Exercise of discretion by council.

8.40.550    Hearings.

8.40.560    Duration of variance.

8.40.570    Revocation or modification of variance.

Article VI. Revocations

8.40.580    Request for revocation of license – Failure to furnish information.

8.40.590    Request for revocation of license – Failure to comply.

8.40.600    Hearing on revocation of license and permit.

8.40.610    Notice of hearing – Contents.

8.40.620    Notice of hearing – Manner of service.

8.40.630    Decisions of the city council.

Article VII. Abatement

8.40.640    Abatement of dangerous or insanitary condition.

8.40.650    Notice to abate dangerous or insanitary condition.

8.40.660    Notice to abate – Contents.

8.40.670    Notice to abate – Method of service.

8.40.680    Protest and hearing on notice to abate.

8.40.690    Abatement by health officer on default of owner or person in possession.

8.40.700    Notice of cost of abatement.

8.40.710    Hearing on report – Finality of decision.

8.40.720    Assessment of cost of abatement – Lien.

8.40.730    Notice of lien – Manner of collection.

Article VIII. Enforcement

8.40.740    Enforcement officer.

8.40.750    Inspections.

8.40.760    Right of entry.

8.40.770    Civil action.

Article IX. Construction and Demolition Debris Diversion and Recycling Requirements

8.40.780    Definitions.

8.40.790    Threshold for covered projects.

8.40.800    Submission of waste handling plan (WHP).

8.40.810    Review of waste handling plan.

8.40.820    Exception to diversion requirement.

8.40.830    Compliance with the diversion requirement.

8.40.840    Appeal.

8.40.850    Violations.

Article X. Expanded Polystyrene Disposable Food Service Ware Prohibited – Recyclable or Compostable Food Service Ware Required

8.40.860    Definitions.

8.40.870    Prohibited use of expanded polystyrene disposable food service ware.

8.40.880    Required use of recyclable or compostable food service ware.

8.40.890    Exemptions.

8.40.900    Administrative rules and regulations.

8.40.910    Enforcement and penalties.

8.40.920    Construction and preemption.

Article I. General Provisions and Definitions

8.40.010 Citation of chapter.

This chapter may be referred to and cited as the “integrated waste management ordinance” of the city of Fremont. (Ord. 21-2012 § 2, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2100.)

8.40.020 Declaration of policy.

It is hereby declared to be in the interest of the public health, sanitation, safety and welfare of all residents of the city of Fremont, and the policy of the city, that the accumulation, preparation, storage, collection, transportation and disposal of municipal solid waste, organics and recyclable materials in the city of Fremont be handled in a safe, sanitary, routine and efficient manner so as to maximize the reduction, reuse, recycling and composting of materials that otherwise would be disposed of as municipal solid waste; to preserve and maximize landfill disposal capacity; to maintain the good condition, cleanliness and safety of city rights-of-way; to comply with state, regional and local law; to prevent the harboring and breeding of rodents and insects and other pests; to reduce contamination of the environment by the unauthorized burying, burning, or putrefaction of such materials; to prevent the spread of diseases associated with unsanitary conditions; to reduce the hazard of fire; and to prevent unsightliness and other public nuisance which may result in the depreciation of property values and otherwise interfere with the comfortable enjoyment of life within the city. It is further the policy of the city to prefer in its procurement practices the purchase of products composed of or containing recycled materials. (Ord. 21-2012 § 2, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2101.)

8.40.030 Declaration of purpose.

The purpose of this chapter is to accomplish the foregoing results, and to confirm and establish regulations for their accomplishment. The provisions hereof therefore shall be liberally construed so as to give full effect to, and support the accomplishment of, such purpose. (Ord. 21-2012 § 2, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2102.)

8.40.040 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases shall have the following meanings:

“Act” shall mean the California Integrated Waste Management Act, Cal. Pub. Res. Code §§ 40000 et seq., as amended.

“Alternative daily cover” shall mean material approved for use as daily cover to landfill MSW deposits, as an alternative to soil cover.

“Brown goods” shall mean discarded electronic equipment and other small appliances such as stereos, televisions, computers, DVD players, video cassette recorders (VCRs), and similar items. Brown goods may also include electronic waste or e-waste.

“Bulky goods” shall mean discarded materials such as large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, tires, and oversized yard waste, such as tree trunks and large branches, and similar large items produced as refuse, excluding construction and demolition waste.

“Business” or “commercial,” as used herein to describe categories of customers or materials, shall mean of, from, or pertaining to an establishment other than a residential dwelling, building or complex, including, but not limited to, commercial, industrial, medical, nursing and recuperative, governmental, religious, and educational facilities or properties, and shall otherwise have its common meaning, as reflected in Chapter 5.05.

“City” shall mean the city of Fremont, California, a municipal corporation, and its geographical territory, including any subsequently annexed geographic portions thereof.

“City council” shall mean the governing legislative body of the city.

“City legislation” shall mean the municipal code of the city of Fremont, as it may be amended or recodified from time to time, as well as any ordinances or resolutions duly promulgated or adopted by the city council, as such ordinances or resolutions may be amended from time to time.

“Collector” or “collectors” shall mean the franchise collector, persons that have limited continuation rights under Cal. Pub. Res. Code § 49520, and persons permitted to collect hazardous waste, medical and infectious wastes.

“Commercial recyclables” means recyclables from commercial generators. Commercial recyclables do not include those recyclables that a commercial generator chooses to sell through a bona fide sale where the commercial generator does not incur any cost or charge for the collection, transportation, processing or any other service; or for those recyclables that a commercial generator donates to a nonprofit organization.

“Compactor” means a stationary or self-contained equipment unit used for the purpose of reducing the volume of municipal solid waste, recyclables, or organics contained in a bin by compressing the material.

“Composting” shall mean the controlled biological decomposition of organics that are source separated from the municipal solid waste stream or which are separated at a centralized facility.

“Composting facility” shall mean any business, site, location or facility where composting occurs, other than composting by a householder of waste materials produced in his or her own household.

“Construction and demolition debris” shall mean permitted material generated as a result of construction, remodeling, repair or demolition on pavement, houses, commercial buildings and other structures as well as construction job sites, including without limitation discarded packaging, containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste. Such materials may include brick, mortar, concrete, plaster, scrap wood, scrap metal, sheet rock, packaging and rubble. Construction and demolition debris may be either (1) municipal solid waste if a load contains 10 percent or more by weight or volume of residue or other nonrecyclable material, or (2) recyclables if the load contains less than 10 percent by weight or volume of residue and nonrecyclable material.

“Customer” shall mean a generator located within the city who subscribes or is required to subscribe to the applicable services under this chapter.

“Designated disposal facility” shall mean the landfill and solid waste facility or facilities approved by the city for the receipt, processing, transfer and disposal of permitted materials. The Altamont Landfill and the Fremont Recycling and Transfer Station are currently designated as the landfill and solid waste facility.

“Director” shall mean the city manager, or the director’s designee.

“Discarded” shall mean any object or material which its owner, producer or generator wishes to dispose of by setting it out for collection, rather than reusing it, selling it, or donating it to a nonprofit organization, or any object or material which its owner, producer or generator has legally abandoned.

“Disposal facility” shall mean any facility or location where the business of acceptance and disposal of MSW occurs.

“Electronic waste or e-waste” are those materials described in Cal. Pub. Res. Code §§ 42460 through 42486, as amended.

“Franchise collector,” as used herein, shall mean the person to whom the city has granted an exclusive franchise for the collection of MSW, recyclables and/or organics.

“Generator” shall mean an owner or responsible party for a single-family dwelling, multifamily dwelling, business, commercial or residential facility, including property which generates MSW, organics and recyclables as a result of its single-family dwelling, multifamily dwelling, business, facility or property activity, including construction sites. Generators may also include tenants, property managers with leased space, employees and contractors of generators, as well as responsible parties.

“Haul” or “hauler” shall mean the act of transporting, or any person who transports MSW, recyclables, organics, or other discarded materials.

“Hazardous waste” and “household hazardous waste” shall mean any material, substance, waste or component thereof which poses an actual or potential risk to public health and safety or the environment by virtue of being actually or potentially poisonous, toxic, corrosive, bioaccumulative, reactive, ignitable, radioactive, infectious or otherwise harmful to public health and safety or the environment, and/or which requires special handling under any present or future federal, state or local law, including without limitation 42 U.S.C. 6901 et seq. (Resource Conservation and Recovery Act), 42 U.S.C. 9601 et seq. (Comprehensive Environmental Response, Compensation and Liability Act), Cal. Health & Safety Code §§ 25100 et seq. (Hazardous Waste Control Act), and Cal. Health & Safety Code §§ 25015 et seq. (Medical Waste Management Act). Unless the context otherwise requires, “hazardous waste” shall include household hazardous waste, extremely hazardous waste, acutely hazardous waste, Resource Conservation and Recovery Act hazardous waste, non-Resource Conservation and Recovery Act hazardous waste and special waste, as these statutes and regulations may be amended.

“Hearing officer” or “administrative hearing officer” shall mean the person designated by the city manager to conduct the hearings and make the determinations required of the administrative hearing officer under this chapter.

“Integrated waste management services rates” or “IWMS rates” shall mean the fixed unit rates charged to customers as set forth in the franchise agreement for provision of collection services by the franchise collector, as adopted and/or adjusted from time to time by resolution of the city council, which shall be published to customers by the franchise collector.

“Local enforcement agency” or “LEA” shall mean the Alameda County department of environmental health, or such other agency that may be designated from time to time under state law to regulate the permitting of regulated facilities.

“Mixed-use development” means those areas within the city described in Chapter 18.45 of the city’s planning and zoning code.

“Multifamily dwelling” shall mean any dwelling place, other than a single-family dwelling, or other building or premises used for housing persons, including, but not limited to, premises such as apartment, condominium, and/or townhouse buildings or complexes, including such premises when combined in the same building with business establishments; except that units within such buildings, premises, or complexes which can be and are provided with collection service as an individual unit shall be treated as a single-family dwelling in regard to the collection service provided.

“Municipal solid waste” or “MSW” shall mean, except as provided below, all “solid waste” as defined in Cal. Pub. Res. Code § 40191, as that section may be amended from time to time, which is generated within the city. “MSW” means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, discarded bulky goods, discarded brown goods, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, residues from recycling, composting and similar processes, and other discarded wastes, but does not include abandoned vehicles, hazardous waste, household hazardous waste, unpermitted waste or material, recyclables including source separated recyclables or organics intended for diversion as part of a recycling or organics program.

“Nonprofit organization” shall mean a nonprofit charitable or civic organization which meets the standards for exemption from payment of business taxes pursuant to the California Revenue and Taxation Code.

“Organics” shall mean yard waste as well as similar material that may be specified by city for collection and processing. Where the term “organics” is used in this code, it shall be deemed to include source separated organics including yard waste, food waste, food soiled paper, nonhazardous wood waste or other compostable materials accepted in the city’s program, unless the context clearly indicates otherwise.

“Organics facility” shall mean a business or commercial location where organics are stored, chipped, processed into compost, or otherwise managed.

“Overage” shall mean an amount of permitted materials in excess of the capacity of the containers for which generator has subscribed, and set out in accordance with requirements for the collection of overages.

“Permitted materials” shall mean materials that the collectors and processors may handle under their permits and applicable federal, state and local laws and regulations.

“Person” or “persons” shall mean an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, governmental entity, or any other legal person domiciled, located, present or operating within the city.

“Pilot program” shall mean experimental or trial activities intended to test the viability or any other aspect(s) of process or procedures. Typically, a pilot program involves a sample population, audience, or confined scope and precedes any implementation of a larger or entire program.

“Recyclables” shall mean used residential, business or commercial materials which may be returned to the economic mainstream as commodities for reuse to create new or reconstituted products, which, if not segregated from MSW by the generator or through processing, would otherwise become MSW. For the purposes of this chapter, recyclables include, but are not limited to, newspaper; mixed paper; glass containers (including brown, clear and green glass bottles and jars); aluminum, including beverage containers; steel, including tin cans; bi-metal containers; plastics as designated by city; corrugated cardboard; as well as those materials designated (by addition or deletion) by the city through a resolution or other appropriate means. Where the term “recyclables” is used in this code, it shall be deemed to include and refer to source separated recyclables unless the context clearly indicates otherwise.

“Recycle” or “recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, as defined in Cal. Pub. Res. Code § 40180, as it may be amended. “Recycling” does not include transformation, as defined in Cal. Pub. Res. Code § 40201.

“Regulated or permitted facility” shall mean a municipal solid waste transfer or processing station, an organics or composting facility, a transformation facility and a disposal facility, or other solid waste facility subject to regulation by the LEA or the city.

“Resident” shall mean an owner or occupant of a dwelling place within the city.

“Residential” shall mean of, from, or pertaining to a multifamily dwelling or single-family dwelling.

“Residues” shall mean materials remaining after the processing of recyclables and/or organics which require landfill disposal.

“Segregated” shall mean any of the following as defined in Cal. Pub. Res. Code § 40190 as it may be amended: (1) the placement of recyclable materials in separate containers, (2) the binding of recyclable material separately from other waste material, (3) the physical separation of recyclable material from other waste material.

“Self-haul” (or “self-hauling”) shall mean a generator who transports his or her own permitted materials by using a vehicle owned by that generator and driven by the generator or the generator’s employees rather than using the hauling services of the franchise collector or a third party hauling company.

“Single commodity soil, asphalt and concrete” means soil, concrete and asphalt resulting from construction, remodeling, repair or demolition on pavement, houses, commercial buildings, multifamily dwellings and other structures that is source separated from each other and any other permitted materials that contain a de minimis amount of residue. Single commodity soil, asphalt and concrete as defined are exempt from the city’s franchise collection agreement.

“Single-family dwelling,” notwithstanding any contrary definition in this code, for the purposes of this chapter, shall mean a detached or attached house or residence designed or used for occupancy by one family; provided, that collection service feasibly can be and is provided to such residence as an independent unit. For example, individual units within a condominium, townhouse or similar complex, or in a mobile home park, shall be regarded as single-family dwellings for the collection service or services, if any, provided to that unit on an individual basis.

“Source separated” or “source separation” means the process of segregating or preparing recyclables or organics per city standards by the generator for the purposes of diversion from other permitted materials.

“Transfer or processing station” shall mean those facilities utilized to receive MSW, recyclables or organics and temporarily store, separate, convert or otherwise process the materials; or to transfer MSW and other materials directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

“Transformation” shall mean incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, or biomass conversion, as defined in Cal. Pub. Res. Code § 40201, as it may be amended.

“Transit-oriented development” or “TOD” means those areas described in Chapter 18.152 of the city’s planning and zoning code.

“Trash enclosure” means an area screened from public view and used for storage of collection containers and municipal solid waste, recyclables, organics, tallow containers and other discarded materials prior to collection or disposal.

“Unpermitted waste or material” shall mean any and all material, including but not limited to hazardous waste, the acceptance or handling of which would cause a violation of any permit, condition or legal or regulatory requirement, including damage or threatened damage to collection equipment or disposal or processing facilities, or a substantial endangerment to the health or safety of the public or persons engaged in the collection, handling, processing or disposal of MSW, recyclables or organics. Waste or material which is otherwise permitted may be considered an unpermitted material when commingled with discarded material of another type, when segregation of such materials is required.

“White goods” shall mean appliances such as refrigerators, stoves, washers, dryers, water heaters and similar items.

“Yard waste” shall include untreated and unpainted wood, prunings, brush, leaves, or grass clippings and such other types of waste (excluding palm fronds) as well as similar material that may be specified by the city in its reasonable discretion. (Ord. 21-2012 § 2, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2103.)

Article II. Accumulation, Preparation and Storage – Subscription to Collection Service – Set Out Procedures

8.40.050 General provisions.

All persons residing, domiciled, or maintaining business or other premises in the city of Fremont shall comply with the relevant sections of this article, state law and local ordinances. Subscription to the following collection services shall be mandatory, unless an individual has obtained an exemption for one or more service areas as described below: single-family residences shall subscribe to MSW, recyclables and organics collection services; multifamily residences shall subscribe to MSW, recycling and organics collection services in compliance with state law and local ordinances; and commercial generators shall subscribe to MSW, commercial recyclables and organics collection services, as applicable. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16; Ord. 08-2019 § 1, 10-15-19. 1990 Code § 4-2200.)

8.40.060 Maintenance of nuisance prohibited – Person responsible for collection or other removal.

No person shall maintain a nuisance by permitting the accumulation of municipal solid waste, including recyclables, organics or other discarded and/or derelict materials upon the premises of which that person has ownership, possession, occupancy, control or charge. These materials shall not be allowed to remain on the premises for more than seven days (except for inert, nonputrescible recyclables) to prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances. Every person who has ownership, occupancy, possession, control or charge of any dwelling place, business or other premises within the city in, upon, or from which municipal solid waste, recyclables or organics are created, produced, or generated, and who therefore has the responsibility for the day-to-day maintenance of the premises including, where applicable, common areas or accommodations, shall be responsible for ensuring the storage of these materials in an appropriate enclosure and the removal of municipal solid waste, recyclables or organics from those premises at least on a weekly basis, or more often as may be required to adequately serve the premises. Such removal shall be ensured by contracting, or requiring the occupant, possessor, controller or administrator of the premises to contract, for containers and collection services provided by the collector. The person responsible for maintenance of the premises shall ensure removal of litter and waste materials not subject to collection by the franchise collector either by self-haul, or by arrangement with a person qualified to handle the material in question. Nothing in this section is intended to alter the effect of the terms of any lease or agreement applicable to any premises. Maintenance and cleaning of trash enclosures are the responsibility of the occupant or owner of the premises. Trash enclosures shall be maintained in the condition in which they were approved, and shall meet requirements of Article II of the storm water management and discharge control regulations beginning at Section 18.210.060. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2201.)

8.40.070 Requirement to deposit municipal solid waste, recyclables, organics and other materials in appropriate containers.

Every person in possession, charge or control of any multifamily dwelling, single-family dwelling, commercial facility or other premises in, upon, or from which municipal solid waste, organics or recyclables are generated, created, produced, kept or accumulated within the city of Fremont shall deposit the materials in a water-tight container or containers equipped with a secure-fitting cover provided by franchise collector, or alternate methods, such as overage bags, which have been approved by city. Container covers and lids shall be kept closed except when the container is being serviced. Generators subscribing or required to subscribe to collection services shall deposit those materials in the respective containers designated by and available from the collectors, as further provided below. In all events, discarded materials stored prior to collection and/or disposal shall be contained in a manner so as to discourage disturbance by, or harboring of, animals or pests; to prevent fire or other safety hazard; and to prevent odors or unsightliness amounting to a nuisance. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16; Ord. 08-2019 § 2, 10-15-19. 1990 Code § 4-2202.)

8.40.080 Residential collection service – Franchise collector sole authorized collection company.

The franchise collector operating under an exclusive franchise agreement with the city is the sole authorized collector of residential municipal solid waste, residential recyclables, and residential organics. No residential generator may contract with another commercial enterprise or person engaged in business for the collection of such materials, except as provided below. Nothing in this chapter shall be construed to interfere with the right of residential generators to reuse or sell their recyclable materials, donate recyclables to a nonprofit organization as defined herein, or to engage in home composting. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2203.)

8.40.090 Basic residential collection service, including single-family and multifamily.

Unless the residential generator demonstrates, as described below, that he or she is a “zero generator,” subject to the limitations of Section 8.40.120, the basic collection service provided to each single-family dwelling residential generator by the franchise collector shall consist of MSW, recyclables, and organics collection, and shall include additional services described below. The residential customer shall pay to the franchise collector the single integrated waste management service rate approved by the city for such collection services, minus any applicable “zero generator” credit.

Single-family dwelling residents who produce 10 gallons of MSW or less per month may make arrangements with the franchise collector for the alternative MSW collection service described in Article III of this chapter.

The collection service for multifamily dwellings shall be MSW, recyclables and organics collection, as applicable. Rates for such service will vary in accordance with the volume of service provided to the residential customer under the subscription. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16; Ord. 08-2019 § 3, 10-15-19. 1990 Code § 4-2204.)

8.40.100 Residential collection service – Requirement to segregate recyclables, organics, and municipal solid waste.

Single-family dwelling MSW, recyclables, and organics set out for collection for the franchise collector may not be commingled, but shall be segregated by the residential generator and set out for collection in the appropriate containers provided by the franchise collector for each respective material. The franchise collector may refuse to collect single-family dwelling containers of MSW, recyclables and/or organics which contain improperly disposed of materials, and in that event shall notify the residential generator of the reason for noncollection. Multifamily dwelling generators shall provide sufficient containers and instructions to encourage proper segregation of MSW and recyclables, as well as organics. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16; Ord. 08-2019 § 4, 10-15-19. 1990 Code § 4-2205.)

8.40.110 “Zero generator” exemption from residential recyclables collection fee component.

A single-family dwelling residential customer may apply to the director for exemption from payment of that portion of the integrated waste management service rate that is attributable to recyclables services if, and only if, the residential generator demonstrates that he or she does not discard any recyclables. This demonstration shall be made by demonstrating that the residential generator sells, or donates to a nonprofit organization as defined, all of his or her recyclables; by demonstrating that the residential generator reuses all of his or her recyclables; or by demonstrating that the residential generator employs some combination of the above and therefore discards no recyclables. The director may require that any application for exemption be accompanied by receipts, if applicable, bearing the name, address, and telephone number of the organization(s) receiving the recyclables and stating the approximate amount of material received; and a signed statement, made under penalty of perjury, that all of the residential generator’s recyclables are sold, donated, or reused, including a brief description of the manner in which such recyclables are sold, donated or reused. The director shall be entitled to request further information to the extent that it is reasonably necessary to evaluate the validity of the request for exemption. Any dispute between the residential generator and the director regarding a denial of exemption may be appealed to, and shall be finally resolved by, the administrative hearing officer. A residential generator who has obtained an exemption may be required to provide periodic proof that he or she is continuing the practices on which the exemption was based. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2206.)

8.40.120 “Zero generator” exemption from residential organics services fee component.

(a)    A single-family dwelling residential generator may apply to the director for continuation of a previously granted exemption from payment of that portion of the integrated waste management service rate that is attributable to organics services if, and only if, the residential generator has demonstrated that he or she has an existing on-site composting system and produces and/or discards in the landfill bin or container a very low volume of organics. “Low volume” shall mean one gallon or less per weekly collection period. This demonstration must be made by submitting to the director a signed statement, made under penalty of perjury, that the residential generator generates this low volume of organics by chipping and/or composting all of his or her organics on his or her property. Any dispute between the residential generator and the director regarding denial of an exemption or a revocation of an exemption may be appealed to, and shall be finally resolved by, the administrative hearing officer. A residential generator who has an exemption may be required to provide periodic proof that he or she is continuing the practices on which the exemption was based.

(b)    New “zero generator” exemptions for organics as described in this section will no longer be approved, and residential generators will no longer have the right to apply for a “zero generator” exemption from residential organics services fees described in this section as of the effective date of the ordinance codified in this section. Residential generators who have a current exemption based on verified chipping and/or composting systems will be allowed to continue with their exemption from payment of that portion of the integrated waste management service rate that is attributable to organics, as long as they provide adequate documentation to the director as described above. Failure to provide such documentation may result in a revocation of the exemption by the director. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16; Ord. 08-2019 § 5, 10-15-19. 1990 Code § 4-2207.)

8.40.130 Improper disposal of residential organics or recyclables to avoid payment for services infraction of municipal law.

In no event shall a residential generator dispose of recyclables and/or organics in his or her municipal solid waste container as a means of avoiding payment for recyclables and/or organics services. Any residential generator who has applied for or obtained an exemption from payment for recyclables and/or organics services who improperly disposes of recyclables or organics, respectively, in his or her MSW container shall be guilty of an infraction. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2208.)

8.40.140 Business municipal solid waste collection service – Franchise collector sole authorized collector – Commercial recyclables and organics collection service – Franchise collector has been granted exclusive franchise for commercial recyclables and organics.

The municipal solid waste franchise collector operating under an exclusive franchise agreement with the city is the sole authorized collector of municipal solid waste produced or generated within the city. No commercial generator, including but not limited to businesses, may contract with any other person for the collection and/or disposal of municipal solid waste.

The franchise collector has been designated the exclusive franchise collector for commercial recyclables and commercial organics services. No commercial generators, including but not limited to businesses, may contract with any persons for collection or disposal of commercial recyclables or commercial organics other than the collectors as defined in this chapter. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2209.)

8.40.150 Location and frequency of collection service – Single-family dwellings, businesses eligible for can service, and placement and removal of containers and bulky materials from curbside.

Collection from single-family dwellings shall be at curbside on a weekly basis, in accordance with a schedule published by the franchise collector. Customers who are physically unable to perform the activities necessary to avail themselves of curbside collection service may apply to the franchise collector for provision of collection from backyards or alleys, as appropriate, at no extra charge. Any dispute regarding the denial by the franchise collector of such service to a customer who claims to be entitled to it may be appealed by the customer to, and shall be finally resolved by, the administrative hearing officer. Other single-family dwelling customers may arrange with the franchise collector for backyard or alley collection at an additional charge. Collection from commercial generators that produce sufficiently small quantities of discarded materials so as to practicably utilize the carts provided by the franchise collector shall be from the premises or adjacent alley on a weekly basis. Empty collection containers shall be removed from the curbside within 24 hours of collection, and shall be stored out of view from any street. No materials, containers or bulky items shall be set out for curbside collection before 6:00 a.m. on the day prior to scheduled collection. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2210.)

8.40.160 Overages collection – Requirement to subscribe to adequate service level.

Occasional amounts of MSW which exceed the capacity of the MSW container (referred to as “overages”) for which a single-family dwelling customer has subscribed may be set out for collection alongside that container in an overage bag approved by the franchise collector. The franchise collector shall make approved overage bags available to the single-family customer either by delivery, or by distribution to designated outlets. Collection of occasional overages shall be at no additional cost to the residential generator; however, all residential and commercial generators are required under this chapter to utilize containers adequate to contain the volume of MSW that the generators normally would produce between collection dates. Recurrent set out of MSW in volumes greater than can be contained in the generator’s municipal solid waste container, with the lid closed, may result in the requirement that the generator subscribe to a greater level of service. The franchise collector shall notify the generator of the need to subscribe to a higher service level. Failure to redress the situation after a notice from the city to do so shall constitute an infraction. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2211.)

8.40.170 Location and frequency of collection services – Multifamily dwellings and commercial generators.

Collection from multifamily dwellings and commercial generators shall be on the premises at places agreed to between the generator and the collector on at least a weekly basis, and more frequently if necessary to adequately serve the premises and/or maintain such premises in compliance with this chapter. However, certain commercial on-call roll off services with a minimal amount of putrescibles may be collected less frequently at the discretion of the director. If a multifamily dwelling or commercial generator routinely produces municipal solid waste or other discarded materials in excess of the capacity of the container or containers to which the generator has subscribed, the franchise collector will notify the generator of the requirement to subscribe to a larger container size and/or more frequent collection. Failure to redress the situation after a notice by the city to do so shall constitute an infraction. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2212.)

8.40.180 Policy regarding organics.

Repealed by Ord. 08-2019. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2213.)

8.40.190 Trash enclosures shall conform to zoning regulations.

The location, design and development of trash enclosures shall conform to all applicable regulations set out in Title 18 (Zoning). (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2214.)

8.40.200 Materials prohibited from disposal.

All persons including commercial and residential generators shall comply with all applicable federal, state, regional, local and city law governing the handling, treatment, storage, transportation, and disposal of hazardous wastes. Without limiting the foregoing, no hazardous waste, household hazardous waste, or other unpermitted waste or material shall be disposed of in a municipal solid waste, recyclables or organics container set out for collection by the collector, nor shall such wastes be delivered by self-haul or otherwise to any landfill, transfer station, recyclery, materials recovery facility, organics processing facility, or any other facility which is not a regulated facility capable and permitted to handle such hazardous waste. Violation of this provision by any person shall result in noncollection of discarded materials and denial of access to facilities not in the business of receiving such wastes, and may result in assessment of costs for any special handling by the collector as a result of the violation, penalties and/or prosecution by the city, as well as any potential prosecution by the state or federal government. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2215.)

8.40.210 Special procedures for disposal of motor oil, construction and demolition debris, household hazardous waste.

Notwithstanding any other provision of this chapter, used motor oil may be disposed of by generators utilizing the containers provided by, and complying with the instructions of, the collector. In addition, dry paint cans may be disposed of in municipal solid waste containers. A generator may arrange with the collector for special collection of construction and demolition debris, or may permit a construction or demolition contractor to self-haul such materials in the course of work performed by that contractor. Generators who wish to set out demolition and construction debris for collection by the franchise collector must make special arrangements with the franchise collector if the volume of such materials exceeds the capacity of the customer’s MSW container(s). Commercial generators shall not dispose of appreciable amounts of heavy construction and demolition debris (e.g., lumber, rock, brick, concrete, plaster) in MSW collection containers without prior notice to the franchise collector. Acceptable household hazardous wastes may be disposed of by self-haul to a permitted household hazardous waste facility, in compliance with the instructions of that facility. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2216.)

8.40.220 Requirement of payment for services and administrative fee.

The franchise collector is entitled to collect, and each customer is obligated to pay, the rates established for the services provided hereunder, including the fees assessed by the city to cover the costs of administering the collection and processing franchises and the city’s integrated waste management programs. Residential generators shall be billed quarterly, in advance of services provided. Commercial generators subscribing to bin service shall be billed monthly, in advance of services provided. Commercial generators subscribing to roll-off services shall be billed monthly for services provided in the previous month. All invoices shall be payable upon receipt. Collection of payments is the responsibility of the franchise collector; nothing in this chapter shall obligate the city to participate in collection of sums due to franchise collector from residential and commercial customers. (Ord. 21-2012 § 3, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2217.)

Article III. Collection and Transportation

8.40.230 No person shall collect municipal solid waste without franchise or contract and compliance with the Fremont Municipal Code, including all administrative rules and procedures promulgated herein.

No person shall collect, transport or convey municipal solid waste that has been produced, generated, kept, or accumulated within the city, or permit the collection, transportation, or conveyance of such municipal solid waste, unless the person providing such service has obtained a contract or franchise from the city granting such person the privilege of carrying on all or any part of such activities, and such person must comply with the city’s municipal code. The franchise collector operating under exclusive franchise agreement with the city is the sole authorized collector of municipal solid waste within the city and all such municipal solid waste collected must be delivered to the designated disposal facility. The franchise collector must comply with city’s municipal code, including all administrative rules and procedures promulgated herein. No other person shall charge or accept any fee or other remuneration whatsoever for the collection, transportation, conveyance and/or disposal of municipal solid waste, or any materials, including commercial recyclables containing 10 percent or more by weight or volume of municipal solid waste, residue or other nonrecyclable material. Nothing in this section shall prevent a person engaged in the business of construction or demolition from self-hauling construction and demolition debris from such activity; provided, that such debris removal is provided incidentally to construction or demolition work performed by that person. Nothing in this section shall prevent self-haul by customers of sudden and unusual accumulation of MSW which substantially exceeds the capacity of the collection containers to which the customer has subscribed; provided, that such materials are transported to the designated disposal facility in a manner which ensures against leaks, spills or other escape during transport. Any vehicle used to haul materials to the designated disposal facility that has a total bed length of eight feet or more must be weighed at the facility prior to and after disposal of the hauled materials. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2300.)

8.40.240 No person shall collect residential recyclables without franchise and compliance with the city’s municipal code, including all administrative rules and procedures promulgated herein.

The franchise collector operating under exclusive franchise with the city is the sole commercial enterprise authorized to collect residential recyclables within the city. No person may collect, transport, or convey discarded residential recyclables, nor may any person permit such collection, transportation or conveyance, where any fee or other remuneration whatsoever is charged or accepted for the collection, transportation, conveyance, processing or disposal of such residential recyclables, or where such service is otherwise provided or conducted for commercial profit, without first having obtained a franchise from the city granting the provider of such service the privilege of engaging in all or some portion of such activities. The franchise collector must comply with city’s municipal code, including all administrative rules and procedures promulgated herein.

Nothing in this section shall prohibit any generator from selling that generator’s recyclables, or donating such recyclables to a nonprofit organization as defined herein. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2301.)

8.40.250 No person may collect commercial recyclables or organics without franchise, or proper authorization from city and compliance with the city’s municipal code, including all administrative rules and procedures promulgated herein.

No person, other than the collectors defined herein, may collect, transport or convey commercial recyclables or hazardous materials within the city, nor may any person permit such collection, transportation, or conveyance of such commercial recyclables, where any fee or remuneration of any kind whatsoever is or may be charged for the collection, transportation, conveyance, processing and/or disposal of such materials. All collectors must comply with city’s municipal code, including all administrative rules and procedures promulgated herein. Nothing in this section shall prohibit any commercial generator from selling their commercial recyclables in a bona fide sale where the commercial generator does not incur any cost or charge for the collection, transportation, processing or any other service; or donating such recyclables to a nonprofit organization, as defined herein. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2302.)

8.40.260 Collection of municipal solid waste as recyclables prohibited.

No person, other than the franchise collector, shall collect, nor shall any commercial generator offer to any such person for collection, loads of commercial recyclables composed of 10 percent or more by weight or volume of municipal solid waste, residue or other nonrecyclable material. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2303.)

8.40.270 Landfill disposal of recyclables prohibited.

No collector within the city shall dispose of recyclables at a landfill, or otherwise recombine such materials with municipal solid waste. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2304.)

8.40.280 Rights to recyclables – Unauthorized removal or collection prohibited.

All rights to recyclables shall pass to the franchise residential recyclables collector, or regarding commercial recyclables, to the collectors, when such recyclables are placed in the designated recyclables container(s) and set out at the collection location established for collection by the collectors. It shall be unlawful for any person other than the collectors to collect or remove recyclables from such designated recyclables collection locations. Any and such removal or collection in violation hereof shall constitute a separate and distinct infraction. Nothing in this section shall be deemed to limit the right of the collector to bring a civil action against any person who violates this section. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2305.)

8.40.290 Authority of city to classify materials.

The city shall have the authority and discretion to designate from time to time the materials or types of materials that shall be classified and collected as municipal solid waste, recyclables and organics, respectively, if it determines that such designation or redesignation is in the public interest, including but not limited to a determination that such designation or redesignation would be prudent in light of changes in methods, technology and/or markets for materials recovery. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2306.)

8.40.300 Compliance with both the city’s municipal code and terms of franchise, administrative rules and procedures and/or business license required.

Any person providing any service, function or activity governed by this chapter who has obtained a business license from, or entered into a contract or franchise agreement with, the city shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this chapter, and the administrative rules promulgated herein. Nothing contained in, or absent from, the provisions of this chapter shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, business license in any way relieve such person from the obligation to comply with the Fremont Municipal Code and other applicable law. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2307.)

8.40.310 Particular duties of franchise collector.

Without limiting the provisions of Section 8.40.300, the franchise collector shall provide the following services and comply with the following requirements unless otherwise directed by the city:

(a)    Collect municipal solid waste, recyclables and organics from single-family dwelling residential customers at curbside on a weekly basis;

(b)    Provide alternative MSW collection service, utilizing overage bags and an alternative collection schedule, to single-family residential customers;

(c)    Collect municipal solid waste, discarded recyclables and discarded organics from backyards or alleys at no additional charge for persons qualifying for such services under Section 8.40.150, and at an additional charge for other customers arranging for such service on a weekly basis;

(d)    Provide overage containers and collect overages;

(e)    Collect municipal solid waste, recyclables and as applicable, organics from the premises of multifamily dwellings at least weekly, and more often as necessary to adequately serve the premises;

(f)    Collect municipal solid waste, recyclables and organics, as applicable, from commercial generator at least weekly, or more often as agreed with the commercial generator;

(g)    Provide, maintain and replace as necessary all containers and receptacles required for its municipal solid waste, recyclables and organics collection services, including without limitation free annual exchange of residential collection containers to accommodate changes in volume of collectable materials; provided, however, that nothing in this section shall prevent franchise collector from pursuing claims against commercial customers for damaged or lost containers;

(h)    Notify commercial customers and provide smaller containers on request, if and when it appears that the commercial customer has subscribed to container service greater than the volume of municipal solid waste actually produced;

(i)    Collect municipal solid waste, discarded recyclables and discarded organics without charge from city-owned or city-operated sites, facilities and public receptacles;

(j)    Provide two free collections of bulky goods per year, and additional bulky goods or construction and demolition debris collections at an additional charge, by arrangement with individual customers;

(k)    Provide collection services in accordance with routes and schedules approved by the city;

(l)    Maintain a business office within the city limits with service hours from 8:00 a.m. to 6:00 p.m. Monday through Friday, excluding federal holidays, and a staffed emergency telephone number accessible 365 days a year, 24 hours a day;

(m)    Bill customers and collect payment for services provided, including billing and collecting payment of the city’s fees for administration of integrated waste management programs; and

(n)    Remit franchise fees and integrated waste management fees to the city, along with reports required under the franchise collector’s agreement with the city. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2308.)

8.40.320 Collection hours in residential areas, mixed-use developments and transit-oriented development (TOD).

No person shall collect municipal solid waste, recyclables, organics or other discarded materials in or adjacent to a residential area before 6:00 a.m. or after 6:00 p.m. For purposes of this section, “residential area” excludes mixed-use development areas that contain or include residences. Collection services for municipal solid waste, recycling, and organic materials may be scheduled at times with routes and schedules determined by the director in all mixed use development areas, including those areas with a transit-oriented development overlay (TOD). Under special circumstances including issues of operational safety, efficiencies and access, the director may approve an earlier collection start time. The director may also temporarily change residential collection hours to accommodate special events or circumstances. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2309.)

8.40.330 Duty to identify vehicles and containers.

Any person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall ensure that every vehicle and container or receptacle used in its business within the city is clearly and prominently marked with the name and telephone number of such person. Each vehicle also shall be marked with a unique vehicle number developed by the person employing the vehicle in its business. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2310.)

8.40.340 Unauthorized use of city name prohibited.

No person engaged in the collection, handling, transport, conveyance, storage, processing or disposal of municipal solid waste, organics, recyclables, or other waste or discarded materials shall use the name “Fremont,” “city” or “city of Fremont” in that person’s company name, or on any vehicle, container or other equipment associated with such activities, without the prior express written authorization of the director. The granting of a franchise, contract or business license shall not alone constitute authorization to use the city name. In no event shall any person engaged in such activities, other than an employee or division of the city, represent that that person is an agent or employee of the city. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2311.)

8.40.350 Duty to maintain vehicles and equipment in safe and sanitary condition.

Every person engaged in the business of collection, transportation, conveyance, processing or disposal of municipal solid waste, recyclables, organics, or other discarded materials shall maintain all vehicles and equipment employed in those activities in safe working order. Any vehicle employed in such activities shall be equipped with an adequate cover and such other features as may be required to prevent leakage, spillage, spray, overflow, outfall or any other escape of discarded materials from the vehicle. Any and all such vehicles and other equipment employed in such activities shall be washed at least on a weekly basis, and steam cleaned at such intervals as may be necessary to maintain them in a neat, safe and sanitary condition. The city shall have the right to inspect vehicles and equipment used in the city at such times as may be in the public interest. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2312.)

8.40.360 Duty to exclude hazardous waste.

No person shall engage in collection or transportation of hazardous waste within the city without all applicable federal, state, and/or city permits and authorizations; nor shall any person dispose of hazardous wastes at any facility not authorized and prepared to receive such materials. No person engaged in the business of collecting municipal solid waste, recyclables and/or organics shall collect hazardous waste with such materials, except that the franchise collector may collect used motor oil in compliance with state law and the terms of its franchise agreement. Every person authorized by the city to engage in the business of collection, transportation or conveyance of municipal solid waste, recyclables, or organics shall implement a screening program designed to detect and prevent the collection of hazardous waste. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2313.)

8.40.370 Duty to prevent and remediate spills – Special provisions for oil or other fluid spills.

Every person who collects, transports, or conveys municipal solid waste, recyclables, organics, or other discarded materials shall exercise all due care to prevent the spilling, leaking, or other escape of such materials from containers, receptacles or vehicles. Any spillage, leakage, or other escape in the course of collection, transportation or conveyance shall be cleaned up immediately, or as promptly as feasible. The operator of a vehicle is responsible for responding to spills, including but not limited to spills of oil or other vehicle fluids, immediately or as promptly as feasible, and must notify the city of any spill of hazardous or potentially hazardous materials within 24 hours, unless earlier notification is required under applicable permits or state law. If the operator of the vehicle can do so without endangering himself or herself, or others, the operator shall stop the leak and clean up the spill, and take all action possible to prevent spilled materials from entering sewers or storm drains. If the operator requires assistance in responding to any such spill, he or she shall take all safe and feasible action to contain the spill and prevent others from driving through or coming in contact with the spill until assistance arrives. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2314.)

8.40.380 Information requirements for collectors.

(a)    Upon request from the city, any collector of residential or commercial recyclables shall provide to the city the following information:

(1)    The name, address and telephone number of the person (including, but not limited to, corporate persons) seeking to engage in that business. If the collector is a partnership, the name, address, and telephone number of each partner shall be provided. If the collector is a corporation, the information shall include the names, addresses and telephone numbers of both the corporation’s home offices and the regional office nearest the city of Fremont, if applicable. Collectors also shall set forth the names and addresses of the corporate officers who will be responsible for overseeing the activities to be undertaken by the collector;

(2)    A list of all vehicles to be used in collection and/or transportation, including the license plate number; vehicle identification number; vehicle type, make and model; and capacity of each vehicle, as well as a description for each vehicle of its cover and other features to prevent spillage, overflow, outfall, leakage or other escape of materials or liquids from the vehicle;

(3)    The type of commercial or residential recyclables to be collected, and the source or proposed source of such materials;

(4)    The place or places of processing and/or sale of such recyclables, and a description of the anticipated end-use or processing to be conducted;

(5)    The statement of the types of equipment, other than vehicles, to be used in collection and/or processing by the applicant, and a description of the age and condition of that equipment;

(6)    A description of the manner, method and frequency of cleaning vehicles and equipment;

(7)    Adequate proof of insurance in the types and amounts as set from time to time by the director;

(8)    The applicant’s city of Fremont business license number and expiration date;

(9)    A report containing the following information regarding recycling activities in the previous month:

(A)    A description of the types of materials collected;

(B)    The aggregate tonnage of materials collected;

(C)    For each type of material collected, identification of the market or markets for such materials; their market price; the end use, if known, of materials sold; and

(D)    The weight and manner of disposition of nonrecyclable materials; and

(10)    The signature and title of the person submitting the information.

(b)    Upon city’s request, the collector shall provide to the director a report containing the information specified in subsection (a)(9) of this section regarding the previous month’s recycling activities. Failure to comply with all of the requirements of this section shall constitute an infraction, and shall be grounds for revocation of a collector’s business license and status as a collector. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2315.)

8.40.390 Duty to return containers to trash enclosure.

Every person who removes municipal solid waste, recyclables, organics or other collection containers from a trash enclosure for servicing shall return all collection containers to that enclosure after the containers have been serviced, and lids of all collection containers shall be restored to closed or covered condition. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2316.)

8.40.395 Administrative rules and procedures.

The city manager is authorized to promulgate administrative rules and procedures needed to implement this chapter. (Ord. 21-2012 § 4, 11-13-12; Ord. 08-2016 § 1, 5-3-16. 1990 Code § 4-2317.)

Article IV. Disposal of Garbage

8.40.400 Disposal on premises where produced.

Except as otherwise provided in this chapter and applicable ordinances of the Union sanitary district, garbage, rubbish, refuse, industrial waste and commercial garbage may be disposed of on the premises or site where produced in the city of Fremont by means of grinding and discharge into a sanitary sewerage system, feeding to animals, incineration or burning, composting, burial, reduction or salvage; provided, however, that such method of disposal is performed and completed in such manner as to discourage the harboring and breeding of rodents and insects, as not to objectionably and unreasonably pollute the air, as not to constitute a fire hazard, and as not to result in such unsightliness of the premises as to result in the depreciation of the value of adjacent property; provided further, however, that disposal shall not be accomplished by incineration or burning except in incinerators approved by, and in accordance with the regulations of, the Bay Area air pollution control district, and that disposal accomplished by discharge into the sanitary sewerage system of the Union sanitary district shall be in accordance with regulations of said district. (Ord. 689 § 2. 1990 Code § 4-2400.)

8.40.410 Disposal other than on premises where produced.

No person shall dump, deposit, or dispose of, or cause or permit the dumping, depositing, or disposal of, waste, garbage, rubbish, refuse, industrial waste, or commercial garbage, or any thereof, on premises in the city of Fremont other than where produced, except upon premises where disposal of such waste, garbage, rubbish, refuse, industrial waste, or commercial garbage is authorized by a license and permit issued pursuant to the provisions of this article; provided, however, that no such license or permit shall be necessary for the disposal of earth, rock, concrete, cement, gravel, sand, plaster, ashes, glass, metal scrap, crockery, shells, cinders, clay, loam, and other noncombustible inorganic refuse when used for purposes of landfill, if such material is not otherwise dangerous to health and safety, and such operations do not block or impede natural drainage channels, drain ditches, canals, or drainage outlets, or result in pollution or contamination of waters. (Ord. 689 § 2. 1990 Code § 4-2401.)

8.40.420 Application for permit to operate disposal site.

Any person desiring to operate any premises or site as a disposal site in the city of Fremont shall file an annual application for a license and permit to so operate such property with the health officer. Such application shall be accompanied by a fee of $50.00 together with an annual inspection fee of $225.00 for each premises to cover the cost of inspection during the permit year. If such application is denied, no part of the application fee shall be refunded. The annual inspection fee of $225.00 shall be refunded for each premises for which the application is denied. The license and permit shall expire on December 31st of the year for which it is issued. (Ord. 689 § 2. 1990 Code § 4-2402.)

8.40.430 What application must show.

An application for a license and permit to operate a disposal site must be made in writing and signed by the applicant and must show the following:

(a)    A plan showing the following facts about the site:

(1)    The site in its entirety, drawn to scale;

(2)    The water table; depth to highest known water table usable for domestic or industrial purposes, and source of such information;

(3)    Any contiguous waterway or drain;

(4)    Wells, capped or uncapped, including well logs if available, and springs;

(5)    Elevations and slopes, indicated by contour lines;

(6)    Type of soil;

(7)    Existing and proposed building locations;

(8)    Intended points of egress and ingress;

(9)    Interior roads and ramps;

(10)    Location and type of fence;

(11)    Kinds of materials to be disposed of on site.

(b)    The plans shall be accompanied by a report that includes the following:

(1)    The legal description of the site;

(2)    The name, address and telephone number of applicant and of its principal officers;

(3)    The name, address and telephone number of the manager, foreman, superintendent or other person in direct charge of operations;

(4)    Any fictitious name proposed to be used;

(5)    The proposed method of operation, including the location of cuts, type of equipment to be used, source and type of all cover material, water supply and sewage disposal;

(6)    Date of application to city planning commission for use permit under zoning ordinance, including certified copy of such permit, if issued;

(7)    The method of fire control as approved in writing by the fire chief.

Such plans and report shall be submitted in duplicate.

(c)    The plans shall be accompanied by a statement that applicant will comply with the requirements of this article now in force or as hereafter amended and with the conditions of the permit issued pursuant thereto.

(d)    Renewal applications need not be accompanied by the plans and report required by subsections (a) and (b) of this section if same are on file with the city of Fremont and are incorporated by reference thereto in such renewal application, together with the statement that there is no change in such plans and report. (Ord. 689 § 2. 1990 Code § 4-2403.)

8.40.440 Disposal site operation regulations.

The method of disposal used on any disposal site for the disposal of waste, garbage, rubbish, refuse, commercial garbage, refuse garbage, or industrial waste shall be the method commonly known as the “sanitary land fill” method, by means of either the “fill and cover” or “cut and cover” type of operation, in which the dumped material is compacted and satisfactorily enclosed with a tight earth cover at the end of each day’s operation in order to eliminate odors and prevent fires, rodent and insect infestation. (Explanatory note: The term “sanitary land fill” as used herein is described and illustrated in “An Analysis of Refuse Collection and Sanitary Land Fill Disposal” Technical Bulletin No. 8, Series 37, December, 1952, published by the Sanitary Engineering Project, University of California, Richmond, California, pages 68 through 90, and as described in the “Report upon the Collection and Disposal of Refuse in the County Sanitation Districts of Los Angeles County, California” prepared by A. M. Rawn, chief engineer and general manager, dated October, 1950, copies of which publications are on file in the office of the city clerk of the city of Fremont.) Such disposal site operations shall conform to the following minimum requirements:

(a)    General.

(1)    Reasonable compaction of all material placed on the disposal site shall be continually effected by the use of bulldozers or other equipment, so as to properly eliminate voids.

(2)    A minimum six-inch seal shall be deposited and maintained over the top and sides of the dumped material by the end of each day’s operation, and over the face of such material by the end of the disposal operations on every seventh day and, in addition, on the day preceding a nonoperating day, such seal to consist of loose soil or equivalent inorganic materials, well compacted, and free of any large boulders, broken concrete, plaster, or similar material which would provide entry or harborage within the fill for rodents and insects.

Provided, however, that if, in the opinion of the health officer, such minimum seal does not eliminate odors and prevent fires and rodent and insect infestation, additional seal of well-compacted inorganic material shall be placed upon the dumped material sufficient to eliminate odors and prevent fires and rodent and insect infestation. If the licensee questions the reasonableness of any order of the health officer requiring seal in addition to the minimum six-inch seal, the city council, upon written request of licensee, shall hold a public hearing upon such question pursuant to the provisions of Article VI of this chapter.

(3)    Each day’s disposal operations shall be limited to an area in which the disposal operations can be completed by the end of such day’s operation according to the provisions of this article.

(4)    No open fires or burning of any type shall be permitted at the disposal site. Any and all comfort heating devices maintained on the premises shall be approved by the health officer.

(5)    Feeding of animals at the disposal site will not be permitted unless authorized by separate permit for an animal feeding yard issued pursuant to the provisions of this article.

(6)    A representative of the permittee shall be present during dumping and covering operations to control and supervise the activities.

(b)    Toilet Facilities.

(1)    Toilet facilities shall be provided and properly maintained on the premises. A portable (chemical) type toilet, or approved septic tank and subsurface drain field, may be used in lieu of a water flushing type toilet.

(c)    Nuisances, Fire Hazard, Rodents, and Insects.

(1)    All portions of the property actively used as a disposal area shall be fenced with an approved and suitable type fence adequate to prevent blowing of rubbish off property and unregulated or unauthorized dumping. A fence shall be properly maintained at all times and its gates shall be kept closed and locked during hours when the disposal site is not open for business, in such manner as to prevent access to the property.

(2)    Salvaged material shall be removed from the premises weekly, or stored in such a manner as to prevent rodent harborage or breeding of insects, or to constitute a fire hazard. The residue from salvage operations shall be placed in the current disposal area.

(3)    Suitable methods shall be used to minimize dust in the disposal area and all unsurfaced roadways in use.

(4)    Sheds and other buildings shall be constructed in such a manner as to prevent rodent harborage and so as not to constitute a fire hazard.

(5)    Inspection of the premises shall be made by the permittee or operator at least once a week for rodent burrows, droppings, or other evidence of rodents, and evidence of insect breeding. Any infestation shall be effectively controlled by the proper use of poisons, gas, traps, or insecticidal sprays, as necessary.

(d)    Water Supply and Drainage Control.

(1)    Water and equipment for fire fighting purposes shall meet the minimum requirements as specified in writing by the fire marshal.

(2)    An approved sanitary drinking water supply shall be provided on the site.

(3)    All surface waters shall be diverted so as to prevent percolation through any of the dumped material or erosion of the filled and covered sections of the disposal site. This diversion may be accomplished by placing a berm or levee around the disposal area, taking all precautions necessary to assure that any waters diverted by said berm or levee shall be guided to proper storm drain facilities, or as otherwise ordered by the health officer.

(4)    Disposal operations shall be kept a distance of at least 50 feet from the official edge of any watercourse, drain, or proposed drainage channel.

(5)    No excavation for disposal operations shall be made to a depth greater than two feet above the highest known water table usable or used for domestic or industrial purposes. Any existing excavations intended or proposed to be used for disposal operations and extending to or into a used or usable water table shall be backfilled to a minimum of two feet above said water table with clean earth or sand and well compacted.

(e)    Exceptions.

(1)    Liquid Cannery Waste. Disposal of liquid cannery waste is prohibited unless discharged into a sanitary sewerage system; provided, that the prohibition of this exception shall not apply in the following situations:

(A)    To that portion or residue of liquid cannery waste not capable of being, or not permitted to be, discharged into a sanitary sewerage system by reason of the application of regulations of the Union sanitary district, and which residue is reduced to a sludge which can be satisfactorily disposed of, as determined by the health officer, along with other garbage and refuse at a disposal site or otherwise disposed of by such other method approved by the health officer;

(B)    To liquid cannery waste reduced to commercial garbage which no longer constitutes liquid cannery waste. (Ord. 689 § 2. 1990 Code § 4-2404.)

8.40.450 Granting of license or permit.

The health officer shall make an investigation and inspection of the proposed disposal site and of the facts set forth in the application. If the health officer finds that the applicant will in fact comply with all the requirements of this article, and with Title 18 (zoning ordinance), and that the disposal operations will be conducted in such a manner as to accomplish the objects and purposes of this chapter, he/she shall issue a license and permit for such site, subject to such reasonable conditions and limitations as are required under the circumstances of the particular operations, showing the number of such permit and the year for which issued. The permittee shall display in a conspicuous place on the disposal site the license issued therefor. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2405.)

8.40.460 Revocation of license or permit.

The permit and license authorizing the operation of a disposal site shall be subject to revocation after notice and hearing, as provided in Article VI of this chapter, for failure to comply with the requirements of this article or with the conditions of such permit and license. (Ord. 689 § 2. 1990 Code § 4-2406.)

8.40.470 Hog farm – Prohibited.

The operation of any premises or site as a hog farm where garbage or commercial garbage is fed to hogs is prohibited. (Ord. 689 § 2. 1990 Code § 4-2406.5.)

8.40.480 Animal feeding yard – Application for permit to operate.

Any person desiring to operate any premises or site as an animal feeding yard where garbage or commercial garbage is fed to animals, other than hogs, shall file an application for a license and permit to so operate such property with the health officer. Such application shall be accompanied by a fee of $20.00 together with an annual inspection fee of $50.00 for each premises to cover the cost of inspection during the permit year. If such application is denied, no part of the application fee shall be refunded. The annual inspection fee of $50.00 shall be refunded for each premises for which the application is denied. The license and permit shall expire on December 31st of the year for which it is issued. (Ord. 689 § 2. 1990 Code § 4-2407.)

8.40.490 What application must show.

An application for a license and permit to operate an animal feeding yard must be made in writing and signed by the applicant and must show the following:

(a)    A plan showing the following facts about the site:

(1)    The site in its entirety drawn to scale;

(2)    Existing and proposed building locations and type of buildings;

(3)    Location of structures and corrals or yards used in the operation. These items shall be drawn to scale and correctly labeled;

(4)    Kinds of material used in construction of structures;

(5)    Type and location of fences;

(6)    Elevations and slopes indicated by contour lines;

(7)    Type of soil;

(8)    Any contiguous waterway or drain;

(9)    Type and location of water supply;

(10)    Type and location of toilet facilities;

(11)    Sources of garbage or commercial garbage to be fed.

(b)    The plans shall be accompanied by a report that includes the following:

(1)    Legal description of site;

(2)    The name, address and telephone number of the applicant and of its principal officers;

(3)    The name, address and telephone number of the manager, foreman, superintendent or other person in direct charge of operations;

(4)    Any fictitious name proposed to be used;

(5)    The proposed method of operation including:

(A)    The maximum number and kind of animals to be maintained on the premises;

(B)    The type of feed (garbage or commercial garbage);

(C)    Where feeding operation is conducted;

(D)    The method and place of disposal of residue of feeding operation;

(E)    Date of application to planning commission for a use permit and a certified copy of use permit if issued.

(c)    A statement that applicant will comply with the requirements of this article now in force or as hereafter amended and with the conditions of the permit issued pursuant thereto.

(d)    Renewal applications need not be accompanied by the plans and report required by subsections (a) and (b) of this section if same are on file in the office of the health officer and are incorporated by reference thereto in such renewal application together with the statement that there is no change in such plans and report. (Ord. 689 § 2. 1990 Code § 4-2408.)

8.40.500 Animal feeding yard regulations.

Any person operating an animal feeding yard using garbage or commercial garbage for feeding shall so conduct, perform, and complete the feeding, handling, storage, and disposal operations and maintain such premises in such a manner as to discourage the harboring and breeding of rodents and insects, as not to objectionably and unreasonably pollute the air, as not to constitute a fire hazard, and as not to result in such unsightliness of the premises as to result in the depreciation of the value of adjacent property. Such animal feeding yards shall conform to the following minimum requirements:

(a)    General.

(1)    The garbage or commercial garbage fed to animals shall be fed in or on feeding sites in such a manner that refuse garbage remaining at the end of each day’s operation can be removed from the feeding site and disposed of as provided in Section 8.40.440.

(2)    Feeding sites shall consist of impermeable troughs or impermeable surfaced areas in or on which feed material is deposited.

(3)    Inspection of the feeding areas shall be made daily and if the feeding material is fermenting or putrefying, or is providing harborage, food, or breeding media for rodents or insects, or has accumulated to the point of becoming a fire hazard, it shall be removed from the feeding sites and disposed of in the manner provided in Section 8.40.440 or as directed by the health officer, and such feeding sites thoroughly cleaned and flushed with water and drained. (Ord. 689 § 2. 1990 Code § 4-2409.)

8.40.510 Granting of license and permit.

The health officer shall make an investigation and inspection of the proposed animal feeding yard site and of the facts set forth in the application. If the health officer finds that the applicant will in fact comply with all the requirements of this article, and with Title 18 (zoning ordinance), and that the animal feeding yard operations will be conducted in such a manner as to accomplish the objects and purposes of this chapter, he/she shall issue a license and permit for such site, subject to such reasonable conditions and limitations as are required under the circumstances of the particular operation, showing the number of the permit and the year for which issued. The permittee shall display in a conspicuous place on the animal feeding yard site the license issued therefor. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2410.)

8.40.520 Revocation of license or permit.

The permit and license authorizing the operation of an animal feeding yard shall be subject to revocation after notice and hearing, as provided in Article VI of this chapter, for failure to comply with the requirements of this article or with the conditions of such permit and license. (Ord. 689 § 2. 1990 Code § 4-2411.)

Article V. Variances

8.40.530 Findings and requirements in connection with variance.

If the city council finds that compliance with the requirements of this chapter, or any of its provisions, will result in an arbitrary or unreasonable taking of property or in the practical elimination of any lawful business, occupation or activity, in either case without a sufficient corresponding benefit or advantage to the people in the improvement or protection of the public health, safety or general welfare, it shall prescribe other and different requirements of not more onerous application with respect to the preparation, storage, collection, transportation or disposal of waste, refuse, garbage, rubbish, industrial waste, commercial garbage, or refuse garbage, or any thereof; provided, however, that no variance may permit or authorize the maintenance of a nuisance or any unnecessary and injurious method of operation. (Ord. 689 § 2. 1990 Code § 4-2500.)

8.40.540 Exercise of discretion by council.

In determining under what conditions and to what extent a variance from the requirements of this chapter is necessary and will be permitted, the city council shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the city and to any lawful business, occupation, or activity involved, resulting from requiring compliance with said requirement, or resulting from the granting of a variance. (Ord. 689 § 2. 1990 Code § 4-2501.)

8.40.550 Hearings.

The city council on its own motion, or at the request of the health officer, or at the request of any person, may, and at the request of any holder of or applicant for any license or permit under this chapter shall, hold a public hearing to determine under what conditions and to what extent a variance from the requirements of this chapter is necessary and will be permitted. (Ord. 689 § 2. 1990 Code § 4-2502.)

8.40.560 Duration of variance.

The city council in granting any variance may specify the time during which such order will be effective, in no event exceeding one year, but such variance may be continued from year to year without another hearing, on the approval of the health officer. (Ord. 689 § 2. 1990 Code § 4-2503.)

8.40.570 Revocation or modification of variance.

The city council may revoke or modify by written order, after a public hearing held upon not less than 10 days’ notice, any order permitting a variance. The city clerk shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than 10 days prior to such hearing, by personal service, or by first-class mail, postage prepaid, mailed to the person to whom such variance was granted, at the address shown in the application for such variance or to such other address as may appear reasonable to the city clerk under the particular circumstances. (Ord. 689 § 2. 1990 Code § 4-2504.)

Article VI. Revocations

8.40.580 Request for revocation of license – Failure to furnish information.

The health officer may at any time require any person to whom a license and permit has been granted by the city council under this chapter to furnish him/her with the plans and report of operations conducted by such licensee. If the holder of such license and permit willfully fails and refuses to furnish such plans and report of operations to the health officer within a reasonable time after such demand, the health officer may request the city council to hold a public hearing to determine whether such license and permit shall be revoked. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2600.)

8.40.590 Request for revocation of license – Failure to comply.

The health officer may at any time serve notice, upon any person to whom a license and permit has been granted by the city council or issued pursuant to the provisions of this chapter, of the failure of such person to comply with the requirements of this chapter or with the conditions of such license and permit. The notice shall be a written statement which shall set forth in concise language the acts or omissions with which such licensee is charged, specifying the specific sections of this chapter or the specific conditions of the license or permit which licensee is alleged to have violated. Such notice shall be served personally, or by first-class mail, postage prepaid, addressed to such licensee at the address shown on the application for such license and permit. The health officer shall send a copy of such notice to the city council and request such council to hold a public hearing to determine whether such license and permit should be revoked. (Ord. 689 § 2. 1990 Code § 4-2601.)

8.40.600 Hearing on revocation of license and permit.

Within 30 days after the receipt of the request from the health officer for a public hearing, the city council shall hold such a hearing and give notice of the time and place of such hearing to the licensee, to the health officer, and to such other persons as the city council deems should be notified, not less than five days before the date of the public hearing. (Ord. 689 § 2. 1990 Code § 4-2602.)

8.40.610 Notice of hearing – Contents.

The notice shall be a written statement which shall set forth in ordinary and concise language the acts or omissions with which the licensee is charged, specifying the specific sections of this chapter or the specific conditions of the license or permit such licensee is alleged to have violated, and stating the date, time and place at which the question as to whether such license and permit should be revoked will be heard. (Ord. 689 § 2. 1990 Code § 4-2603.)

8.40.620 Notice of hearing – Manner of service.

Such notice shall be served personally, or by first-class mail, postage prepaid, addressed to such licensee at the address shown on the application for such license and permit, and shall be deemed given when so deposited in the mail or served personally. (Ord. 689 § 2. 1990 Code § 4-2604.)

8.40.630 Decisions of the city council.

Failure of the licensee to appear at the hearing, after having been notified, may be deemed an admission by him/her of the act or omission charged in the notice, and in the event of such failure to appear at the hearing, the city council may revoke the license and permit without further evidence than that which served as the basis for the notice to the licensee. After the hearing is concluded, the council shall, within 20 days, render its decision revoking such license and permit or dismissing the complaint, with a brief statement of its reasons therefor. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2605.)

Article VII. Abatement

8.40.640 Abatement of dangerous or insanitary condition.

Every dangerous or insanitary condition found to exist on any premises in the city of Fremont is hereby declared to be a nuisance and may be abated by the health officer in the manner provided in this article. (Ord. 689 § 2. 1990 Code § 4-2700.)

8.40.650 Notice to abate dangerous or insanitary condition.

When the health officer finds that a dangerous or insanitary condition exists upon any premises in the city of Fremont, the health officer may, or upon the instructions of the city council shall, serve a notice upon the owner or person in possession of the premises upon which such condition exists to abate, or cause to be abated, said dangerous or insanitary condition upon such premises. (Ord. 689 § 2. 1990 Code § 4-2701.)

8.40.660 Notice to abate – Contents.

The notice shall particularly specify in ordinary and concise language the facts showing the dangerous or insanitary condition to exist, a description of the premises, and state how it is to be abated, and that if abatement of such dangerous or insanitary condition is not commenced within the time specified in such notice and diligently and without interruption prosecuted to completion, the health officer shall request the city council to order said dangerous or insanitary condition abated and to make the cost of such abatement a lien upon the premises. (Ord. 689 § 2. 1990 Code § 4-2702.)

8.40.670 Notice to abate – Method of service.

Notice to abate may be given by delivering such notice personally to the owner or to the person in possession of the property upon which such dangerous or insanitary condition exists, or by mailing such notice, first-class mail, postage prepaid, properly addressed, to the person in possession of such property, or to the owner thereof, at his/her last known address as the same appears on the last equalized assessment roll of the county or to the name and address of the person owning or in possession of such property as shown in the records of the health officer. The health officer shall deliver a copy of such notice to the city clerk of the city of Fremont. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2703.)

8.40.680 Protest and hearing on notice to abate.

Upon receipt of a copy of such notice the city council shall fix the time and place for a hearing thereon, and give notice thereof to the owner or person in possession of such premises. In addition to the matter specified in Section 8.40.660, such notice shall specify the time and place when and where the city council will hear and pass upon objections or protests, if any, which may be raised by the person in possession of such premises, or the owner thereof, or other interested person. Notice of such hearing shall be given to the owner or person in possession of such premises in the manner specified in Section 8.40.670 for the giving of the notice to abate such dangerous or insanitary condition. At the time and place specified in such notice for the hearing, the city council shall hear and pass upon such objections and protests. The hearing may be continued from time to time, and the decision of the city council on all protests and objections shall be final and conclusive. The hearing required by this section shall be in addition to the hearing required by Section 8.40.710. (Ord. 689 § 2. 1990 Code § 4-2704.)

8.40.690 Abatement by health officer on default of owner or person in possession.

At the conclusion of such hearing, if the abatement of such dangerous or insanitary condition has not been commenced and prosecuted to completion with due diligence, as required by the notice to abate or by the city council after the hearing specified in Section 8.40.680, the health officer shall forthwith abate, or cause to be abated, the dangerous or insanitary condition upon such premises, and the cost thereof shall be a lien upon such premises. (Ord. 689 § 2. 1990 Code § 4-2705.)

8.40.700 Notice of cost of abatement.

Upon completion of the abatement of such dangerous or insanitary condition, the health officer shall cause notice of the cost of such abatement to be given in the manner specified in Section 8.40.670, which notice shall specify the time and place when the city council will hear and pass upon the report by the health officer of the cost of abatement, together with any objections or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such abatement and any other interested person. The health officer shall file with the city council a report specifying the work which has been done, the cost of abatement, and a description of the property upon which the dangerous or insanitary condition was abated. (Ord. 689 § 2. 1990 Code § 4-2706.)

8.40.710 Hearing on report – Finality of decision.

At the time and place fixed for the hearing, the city council shall hear and pass upon the report of the health officer, together with any objections or protests which may be raised by the property owner liable to be assessed for such abatement cost and any other interested persons. The city council may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The city council may adjourn the hearings from time to time, and its decision on all protests and objections which may be made shall be final and conclusive. (Ord. 689 § 2. 1990 Code § 4-2707.)

8.40.720 Assessment of cost of abatement – Lien.

The cost of abatement may be assessed by the city council against the parcel of property upon which the dangerous or insanitary condition was abated, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against the parcel of property and shall be a lien on such property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment is paid or until it is discharged of record. The health officer may file in the office of the county recorder a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in me by the Fremont Municipal Code, I did, on the ________ day of ________, 20________, cause the dangerous or insanitary condition to be abated, and the city council of the City of Fremont did, on the ________ day of ________, 20________, by Resolution No. ________, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Fremont does hereby claim a lien on said real property in the sum of ________ Dollars ($________) and the same shall be a lien upon said real property until the said sum has been paid in full or discharged of record.

The real property hereinbefore mentioned and upon which such dangerous or insanitary condition was abated and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Fremont, County of Alameda, State of California, and particularly described as follows, to wit:

(insert description)

Dated this ________ day of ________, 20________.

______________
Health Officer

(Ord. 689 § 2. 1990 Code § 4-2708.)

8.40.730 Notice of lien – Manner of collection.

From and after the date of the recording of the notice of a lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such special assessment taxes. (Ord. 689 § 2. 1990 Code § 4-2709.)

Article VIII. Enforcement

8.40.740 Enforcement officer.

“Enforcement officer” shall mean the city manager, the officer(s) and health officer named in Section 1.15.050(b)(3)(E) (power of arrest), Chapter 1.15 (penalty provisions), and/or any other persons designated by the city manager to administer and enforce the provisions of this chapter. (Ord. 689 § 2; Ord. 2004 § 11, 5-12-92. 1990 Code § 4-2800.)

8.40.750 Inspections.

The health officer, the fire chief, and the chief building inspector are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 689 § 2. 1990 Code § 4-2801.)

8.40.760 Right of entry.

(a)    Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the health officer or his/her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the health officer or his/her authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the health officer by this chapter; provided, that (1) if such building or premises be occupied, he/she shall first present proper credentials and demand entry; and (2) if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the health officer or his/her authorized representative shall have recourse to every remedy provided by law to secure entry.

(b)    “Authorized representative” shall include the officers named in Section 8.40.750 and their authorized inspection personnel.

(c)    No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, to promptly permit entry therein by the health officer or his/her authorized representative for the purpose of inspection and examination pursuant to this chapter. (Ord. 689 § 2; amended during 2012 reformat. 1990 Code § 4-2802.)

8.40.770 Civil action.

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. (Ord. 689 § 2. 1990 Code § 4-2803.)

Article IX. Construction and Demolition Debris Diversion and Recycling Requirements

8.40.780 Definitions.

“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who undertakes any construction, demolition or renovation project within the city.

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

“Construction and demolition debris (C&D)” means materials generated as a result of construction, remodeling, repair or demolition on pavement, houses, commercial buildings and other structures as well as construction job sites, including without limitation discarded packaging, containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste, hazardous waste, and medical and infectious waste. Construction and demolition debris generally contains both municipal solid waste and recyclable materials. Construction and demolition debris may be considered municipal solid waste if the load contains 10 percent or more (by weight or volume) of nonrecyclable material. Construction and demolition debris may be considered recyclable if the load contains less than 10 percent (by weight or volume) of nonrecyclable material.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this article for use in estimating the volume or weight of materials.

“Covered project” has the meaning set forth in Section 8.40.790.

“Debris disposal and diversion report” means a report, to be completed and submitted by the applicant at the conclusion of a covered project, which documents the total tonnage of materials diverted and/or landfilled.

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

“Disposal” means the management of solid waste through landfilling or transformation at permitted solid waste facilities.

“Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this code.

“Diversion requirement” means the level of reuse and/or recycling required in the Residential Mandatory Measures and Nonresidential Mandatory Measures, as applicable, as stated in the most current version of the Construction Waste Reduction, Disposal and Recycling sections of the California Green Building Standards Code. If at any time the city of Fremont chooses to increase the diversion requirement more than these described mandatory measures, the stricter requirement will apply.

“Divert” means to use material for any purpose other than disposal in a landfill, including reuse and recycling.

“Exempt project” has the meaning set forth in Section 8.40.790(c).

“Project” means any activity involving construction, demolition, or renovation in the city which requires issuance of a demolition permit, building permit or other similar permit from the city. “Project” also includes city public project construction, demolition or renovation.

“Project diversion requirement” means “diversion requirement” as defined in this section or such other diversion requirement as may be established for a project by the WHP compliance official pursuant to the exception process set forth in Section 8.40.820.

“Recycle” or “recycling” has the same meaning as that set forth in Section 8.40.040.

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

“Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material, either on the current construction site or for later reuse off site.

“Salvage” or “deconstruction” means the controlled removal of construction and demolition debris from a construction or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

“Self-haul” or “self-hauling” means a generator who transports his or her own permitted materials by using a vehicle owned by that generator and driven by the generator or the generator’s employees rather than using the hauling services of the franchise collector or a third party hauling company.

“Waste handling plan (WHP)” means a documented plan to manage all the materials generated on a project, to be completed and submitted by the applicant or contractor for any covered project prior to issuance of a building permit, demolition permit or other similar city permit.

“WHP compliance official” means the manager of the environmental services division or designee. (Ord. 19-2016 § 1, 11-1-16.)

8.40.790 Threshold for covered projects.

(a)    Covered Projects. Covered projects shall be those construction, alteration, renovation, and demolition projects that are subject to the mandatory measures, in the most current version of the Construction Waste Reduction, Disposal and Recycling sections of the California Green Building Standards Code. Covered residential projects shall be the same projects that are subject to the Residential Mandatory Measures, in the most current version of the Construction Waste Reduction, Disposal and Recycling sections of the California Green Building Standards Code. Covered nonresidential projects shall be the same projects subject to the Nonresidential Mandatory Measures, as stated in the most current version of the Construction Waste Reduction, Disposal and Recycling sections of the California Green Building Standards Code.

(b)    City-Covered Projects. All city construction, alteration, renovation, or demolition projects shall be subject to the Nonresidential Mandatory Measures, found in the most current version of the Construction Waste Reduction, Disposal and Recycling sections of the California Green Building Standards Code. Specific diversion requirements for City projects may also be reflected in the bid specifications issued by the city.

(c)    Exempt Projects. The following projects are exempt from the requirements of this article:

(1)    Projects where only one of the following separate permits is required:

(A)    Roofing replacement.

(B)    Electrical, mechanical or plumbing.

(C)    Solar panel.

(D)    Fire sprinkler systems.

(E)    Wireless antenna.

(d)    While not required, it shall be encouraged that at least 50 percent of all C&D debris from exempt projects be diverted. (Ord. 19-2016 § 1, 11-1-16.)

8.40.800 Submission of waste handling plan (WHP).

(a)    Waste Handling Plan. Applicants for demolition, building, encroachment, grading or other similar permits for any covered project shall, prior to issuance of the permit, submit a properly completed waste handling plan (WHP). The completed WHP shall contain all of the following:

(1)    The estimated type of C&D debris that the project will generate; and

(2)    The estimated type of C&D debris to be diverted or not diverted, listed by each type of material; and

(3)    The name of all vendors or facilities that the applicant proposes to use to collect or receive that material; and

(4)    Contact information for the applicant, the project address and permit number.

(b)    City-Covered Projects. The project manager or contractor of any city-covered project shall submit a properly completed waste handling plan to the WHP compliance official within 10 days of the notice to proceed, or beginning any grading, encroachment, construction or demolition activities.

(c)    Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WHP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(d)    Deconstruction. In preparing the WHP, applicants for covered projects that involve the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall where feasible make the materials generated available for salvage and reuse prior to demolition. (Ord. 19-2016 § 1, 11-1-16.)

8.40.810 Review of waste handling plan.

(a)    Compliance as a Condition of Approval. Compliance with the provisions of this article shall be listed as a condition of approval on any building or demolition permit for a covered project or city-covered project. Failure to include such a condition shall not relieve the applicant from compliance with this article.

(b)    WHP Approval Required Prior to Permit Issuance. Notwithstanding any other provision of this code, no building, demolition or other similar permit shall be issued for any covered project unless, and until, the WHP compliance official has approved the WHP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety.

(c)    Criteria for WHP Approval. The WHP compliance official shall only approve a WHP if he or she first determines that all of the following conditions have been met:

(1)    The WHP provides all of the information set forth in Section 8.40.800; and

(2)    The WHP indicates the diversion requirement will be achieved; and

(3)    The WHP indicates that the contractor will use either the franchised hauler debris box service or self-haul the construction and demolition debris to approved recycling facilities.

(d)    If the WHP compliance official determines that these conditions have been met, he or she shall mark the WHP “approved,” return a copy of the WHP to the applicant, and notify the building division that the WHP has been approved.

(e)    WHP Disapproval. If the WHP compliance official determines that the WHP is incomplete or fails to indicate that the diversion requirements will be met, he or she shall:

(1)    Notify the building division, which shall then immediately stop processing the building, demolition or other permit application; and

(2)    Return the WHP to the applicant with a statement of reason for disapproval and a request to correct, add to or explain the information, and resubmit for approval. (Ord. 19-2016 § 1, 11-1-16.)

8.40.820 Exception to diversion requirement.

(a)    Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exception at the time that he or she submits the WHP. The applicant shall indicate on the WHP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(b)    Meeting with WHP Compliance Official. The WHP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the WHP compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

(c)    Granting of Exception. If the WHP compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the feasible diversion options, if any, for the project which shall then be incorporated into the WHP as the project diversion requirement. The WHP compliance official shall return a copy of the WHP to the applicant marked “approved for exception” and shall notify the building division that the WHP has been approved.

(d)    Denial of Exception. If the WHP compliance official determines that it is feasible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 10 business days to resubmit a WHP form in full compliance with Section 8.40.810. If the applicant fails to timely resubmit the WHP, or if the resubmitted WHP does not comply with Section 8.40.810, the WHP compliance official shall disapprove the WHP in accordance with Section 8.40.810(e). (Ord. 19-2016 § 1, 11-1-16.)

8.40.830 Compliance with the diversion requirement.

(a)    Documentation. No later than 30 calendar days after the completion of any covered project or city-covered project, and as a precondition to issuance of a temporary or final certificate of occupancy by the city, the applicant shall submit to the WHP compliance official documentation that it has met the project diversion requirement as set forth in the WHP. This documentation shall include all of the following:

(1)    Contact information for the applicant or contractor, the project name, address and permit number(s);

(2)    A debris disposal and diversion report summary listing the actual volume or weight of C&D debris that was diverted by type of material and diversion method, and the actual volume or weight of C&D debris that was not diverted; and

(3)    Receipts from the approved vendors or facilities which collected or received project C&D debris showing the actual weight or volume of each material, or detail reports from the approved facility or vendor that generally match the same materials identified on the WHP; and within the date range that the permit was active; and

(4)    All receipts or detail reports must officially list the city of origin as the city of Fremont; and

(5)    Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this article.

(b)    Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or placed in a landfill are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(c)    Determination of Compliance. The WHP compliance official shall review the information submitted under subsection (a) of this section and determine whether the applicant has complied with the project diversion requirement, as follows:

(1)    Full Compliance. If the WHP compliance official determines that the applicant has fully complied with the project diversion requirement, he or she shall consider the requirement fulfilled.

(2)    Good Faith Effort to Comply. If the WHP compliance official determines that the project diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply. In making this determination, the WHP compliance official shall consider any relevant information provided by the applicant regarding the availability of markets for the C&D debris that was not diverted, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WHP compliance official determines that the applicant has made a good faith effort to comply with this article, he or she shall consider the project diversion requirement fulfilled.

(3)    Noncompliance. If the WHP compliance official determines that the applicant has not made a good faith effort to comply with the project diversion requirements, or if the applicant fails to submit the documentation required by subsection (a) of this section within the required 30-calendar-day time period, the applicant shall be in violation of this article and shall be subject to enforcement as set forth in Section 8.40.850. (Ord. 19-2016 § 1, 11-1-16.)

8.40.840 Appeal.

An applicant may appeal a determination made by the WHP compliance official under this article to the city manager or person designated by the city manager to hear such appeals. To appeal, the applicant shall file a written appeal with the city clerk within 10 business days after the determination of the WHP compliance official, stating the reasons for the appeal. An appeal is limited to the following issues: (a) the granting or denial of an exception to the diversion requirements; and (b) whether the applicant has made a good faith effort to comply with the project diversion requirements. The city manager or designee shall hear the appeal within 30 calendar days and shall give 10 calendar days’ prior written notice to the applicant of the hearing date and time. Decisions of the city manager or designee shall be final and the aggrieved party may seek relief from the decision only by complying with the requirements set forth in Sections 1.30.010 et seq. (Ord. 19-2016 § 1, 11-1-16.)

8.40.850 Violations.

In addition to the provisions of Article VIII of this chapter (Sections 8.40.740 et seq.), the following shall apply to violations of this article:

(a)    Violation of any provision of this article is an offense subject to all of the provisions of Chapter 1.15 and the administrative remedy provisions of Chapter 1.20.

(b)    For purposes of the administrative remedy provisions of this code, failure to fully comply with the hauling requirements, diversion requirements or proper documentation requirements regarding the city of origin shall result in a citation pursuant to Chapter 1.20.

(c)    For purposes of the administrative remedy provisions of this code, the failure to comply or demonstrate good faith efforts to comply with all of the project diversion requirements shall result in a penalty to be assessed at the rate of $1,000 per ton of material that was to be diverted as set forth in the WHP, but was not demonstrated to have been diverted. (Ord. 19-2016 § 1, 11-1-16.)

Article X. Expanded Polystyrene Disposable Food Service Ware Prohibited – Recyclable or Compostable Food Service Ware Required

8.40.860 Definitions.

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

“City facility” means any building, structure, land or park owned or operated by the city of Fremont and its agents and departments and includes city buildings, structures, parks, recreation facilities or property.

“City facility users” means all persons, societies, associations or organizations or special events promoters that require a permit to use a city facility as defined in Chapter 12.20, Parks and Recreation Areas; or that require a special events permit for events which require city services, involve city-owned property such as streets and plazas, closure of public right-of-way or impair emergency vehicle access, and parades, as defined in Chapter 12.25, Special Events and Parades, and including permits to reserve or rent a city facility, including concession contracts with the city and city-managed concessions, city-sponsored events, and food services provided at city expense. These city facility permits also include but are not limited to picnic area reservations, park use application permits, field reservations, rental facilities, historic buildings and senior center rentals, and permits for gatherings and meetings in all parks and recreation areas which include group picnics and organized gatherings, educational, entertainment or recreation for 25 or more persons.

“Compostable” means that all materials in the product or package will biodegrade or otherwise become part of usable compost (e.g., soil conditioning material, mulch) in an appropriate composting program or facility. Compostable disposable food service ware includes ASTM-standard bio-plastics (plastic-like) products that are clearly labeled.

“Concession” means any agreement, authorization, license or contract to sell, barter, trade or otherwise to exchange goods or services in the parks and recreation areas of the city of Fremont.

“Disposable food service ware” means single-use disposable product used by food vendors for serving or transporting prepared and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers. This definition does not include single-use disposable straws, utensils or hot cup lids.

“Expanded polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6, 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), sometimes referred to as Styrofoam, a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, trays, and clamshell containers.

“Food vendor” means any establishment located within the city of Fremont, or any establishment which provides prepared food or beverages for public consumption within the city of Fremont, including but not limited to any store, supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, sidewalk or other outdoor vendor, or caterer.

“Prepared food” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique by food vendor. Prepared food does not include uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation.

“Recyclable” means any material that is accepted by the city recycling program, including, but not limited to, paper, glass, metal, cardboard, and plastic that can be recycled, salvaged, processed, or marketed by any means other than land-filling or burning, whether as fuel or otherwise, so that they are returned to use by society. Recyclable plastics include any plastic which can be feasibly recycled by the city’s municipal recycling program and presently is limited to those plastics with the following recycling symbols: No. 1 – polyethylene terephthalate (PET or PETE); No. 2 – high density polyethylene (HDPE); No. 3 – polyvinyl chloride (PVC); No. 4 – low density polyethylene (LDPE); No. 5 – polypropylene (PP); No. 6 – polystyrene, (except for expanded polystyrene); and No. 7 – other plastics. For purposes of this chapter, recyclable plastic does not include expanded polystyrene labeled with recycling symbol No. 6.

“Special events promoter” means an applicant for any special events permit issued by the city or any city employee(s) responsible for any organized special event within the city of Fremont. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210100.)

8.40.870 Prohibited use of expanded polystyrene disposable food service ware.

(a)    Except as provided by Section 8.40.890, Exemptions, all food vendors are prohibited from providing prepared food in disposable food service wares made from expanded polystyrene.

(b)    Except as provided by Section 8.40.890, Exemptions, all city facility users are prohibited from using disposable food service wares made from expanded polystyrene. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210101.)

8.40.880 Required use of recyclable or compostable food service ware.

(a)    All food vendors using any disposable food service wares shall use a suitable recyclable or compostable product.

(b)    All city facility users shall use a suitable recyclable or compostable product for disposable food service wares. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210102.)

8.40.890 Exemptions.

(a)    Foods prepackaged outside the limits of the city of Fremont are exempt from the provisions of this article, but the purveyors of foods prepackaged outside of the limits of the city of Fremont are encouraged to follow these provisions as it is a policy goal to eliminate the use of expanded polystyrene for disposable food services wares. The exemption under this subsection does not apply to food vendors as defined, including but not limited to caterers which provide prepared food for public consumption within the city of Fremont.

(b)    Coolers and ice chests that are intended for reuse are exempt from the provisions of this article.

(c)    The city manager may exempt a food vendor or city facility user from the requirements set forth in Section 8.40.870 or 8.40.880 for a period of time to be determined by the city manager on a case-by-case basis for undue hardship. Undue hardship includes, but is not limited to, situations unique to the food vendor or city facility user not generally applicable to other persons in similar circumstances.

(d)    Food vendors and city facility users seeking an exemption shall include all information on the exemption application for the city to make its decision, including but not limited to documentation showing factual support for the claimed exemption. The city manager shall confirm the decision to grant or deny each exemption in writing and may approve an exemption request in whole or in part. The decision of the city manager shall be final.

(e)    Emergency Supplies or Services Procurement. City facility users and food vendors shall be exempt from the provisions of this article in a situation deemed by the city manager to be an emergency for the immediate preservation of the public peace, health or safety. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210103.)

8.40.900 Administrative rules and regulations.

The city manager may make such rules and regulations, consistent with the provisions of this article, as may be necessary or desirable to supplement or clarify such provisions or aid in their enforcement. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210104.)

8.40.910 Enforcement and penalties.

(a)    The city manager shall issue a written warning to any food vendor or city facility user for a violation of Section 8.40.870 or 8.40.880. If, after issuing a written warning of violation, the city manager finds that the food vendor or city facility user continues to violate the provisions of Section 8.40.870 or 8.40.880, the city manager may impose the various sanctions provided in this section and in Chapter 1.20, Administrative Remedies.

(b)    Enforcement and penalties for violations of this article shall be in accordance with Chapter 1.20, Administrative Remedies.

(c)    In accordance with Section 1.20.030, Administrative citation, each provision that is violated constitutes a separate offense, and each and every day a violation exists constitutes a separate and distinct offense. All civil penalties assessed by an administrative citation shall be payable to the city of Fremont.

(d)    In accordance with Section 1.20.080, Penalties assessed, the civil penalty assessed by administrative citation for violations of this article shall be as follows:

(1)    First administrative citation: a fine not exceeding $100.00;

(2)    Second administrative citation within one year for violation of the same code section: a fine not exceeding $200.00;

(3)    Third or subsequent administrative citation within one year for violation of the same code section: a fine not exceeding $500.00.

(e)    Payment of the penalty shall not excuse the violation nor shall it bar further enforcement by the city. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be 100 percent of the total amount of the administrative penalty owed. The combined penalty and late fee shall not exceed $1,000. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210105.)

8.40.920 Construction and preemption.

This article and any of its provisions shall be null and void upon the adoption of any state or federal law or regulation imposing the same, or essentially the same, limits on the use of prohibited products as set forth in this article. This article is intended to be a proper exercise of the city’s police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-city or interstate commerce. It shall be construed with that intent. (Ord. 10-2010 § 2, 5-25-10. 1990 Code § 4-210106.)