Chapter 8.04
RUBBISH REMOVAL AND DISPOSAL1

Sections:

Article I. General Provisions

8.04.010    Purpose and findings.

8.04.020    Enforcement.

8.04.030    Definitions.

Article II. Storage, Collection and Disposal of Refuse

8.04.040    Mandatory duty on all real property owners.

8.04.050    Storage of refuse.

8.04.060    Storage of yard trimmings.

8.04.070    Storage of other waste materials.

8.04.080    Collection containers – Placement.

8.04.090    License or franchise required for collection – Exceptions.

8.04.100    License or franchise for collection.

8.04.110    Frequency of service.

8.04.120    Time of service.

8.04.130    Regulations of service.

8.04.140    Vehicles used to transport refuse.

8.04.150    Special collections.

8.04.160    Dead animal disposal.

8.04.170    Ownership of refuse.

8.04.180    Designation of collection charges.

8.04.190    Disposition of collection charges.

8.04.200    Payment to refuse collector.

8.04.210    Collection of charges by refuse collector.

8.04.220    Exceptions to collection charges.

8.04.230    Disposal area.

8.04.240    Operation of disposal area.

8.04.250    Disposal by public.

8.04.260    Burning refuse.

8.04.270    Deposit of refuse in public places.

Article III. Mandatory Refuse Collection Subscription

8.04.280    Subscription required.

8.04.290    Exemption from subscription requirement.

8.04.300    Nuisance presumed to exist.

8.04.310    Collection notice for failure to comply.

8.04.320    Mailing and posting collection notice.

8.04.330    Request for hearing.

8.04.340    Manner of holding hearings.

8.04.350    Decision.

8.04.360    Appeals.

8.04.370    Final abatement action.

8.04.380    Administrative expenses.

8.04.390    Lien and collection.

8.04.400    Notice of special assessment.

Article I. General Provisions

8.04.010 Purpose and findings.

The health, welfare and safety of the people in the city require that a mandatory refuse collection procedure be established for the periodic collection and the disposal of all refuse and waste materials that accumulate within the city. Such a refuse collection and disposal procedure benefits all real property owners in the city. To ensure the existence and continuance of such a refuse collection system, the city council finds that all real property owners are required to properly maintain and store refuse upon their properties, that each property owner mandatorily engage in the contracting for refuse collection by the city’s refuse franchise collector, and that a fiscal procedure be established to accomplish said purposes as set forth in this chapter. [Ord. 997 § 1, 1990.]

8.04.020 Enforcement.

The code enforcement officer is assigned the duty and responsibility of enforcing of this chapter. [Ord. 997 § 1, 1990.]

8.04.030 Definitions.

In this chapter, unless the context otherwise requires:

A. “Collection station” means the location on other than collection days where the occupant of any premises places refuse in containers or bundles.

B. “Disposal area” means the site where the disposal of refuse not produced on that site is permitted to occur.

C. “Garbage” means animal and vegetable refuse resulting from the preparation of food not disposed of for recycling purposes.

D. “Person” includes a public agency and the officer of the public agency.

E. “Premises” includes a dwelling, commercial establishment and every parcel of land upon which a building or business is located.

F. “Property owner” includes the owner of property, the tenant or occupant of the property, and the owner’s agent.

G. “Refuse” means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, and includes yard trimmings, garbage and rubbish but excludes waste material as defined in subsection (K) of this section.

H. “Refuse collector” means the city department, private contractor, franchise holder or a combination of these designated by the city council to collect and dispose of refuse.

I. “Rubbish” means paper, rags, sawdust, cans, ashes and other waste not resulting from the preparation of food not disposed of for recycling purposes.

J. “Standard container” means a metallic or plastic can with a close-fitting cover, a cover handle and side handles, of 40 gallons or less in gross capacity.

K. “Waste material” means dead animals, corrosive substances, sludge, oil, sewage, liquid wastes and industrial wastes.

L. “Yard trimmings” means cut grass, cut leaves, and branches cut from bushes or trees, but excludes rocks, bricks, cement or soil.

M. “Collection container” means all such containers including standard containers that collect and store solid waste garbage, refuse, rubbish, recyclables, and yard trimmings. [Ord. 18-1449 § 3, 2018; Ord. 997 § 1, 1990.]

Article II. Storage, Collection and Disposal of Refuse

8.04.040 Mandatory duty on all real property owners.

A mandatory obligation is imposed on the property owner of every type of real property to store all refuse which is produced or accumulated on the property according to this chapter. Failure to comply with this section is an infraction. [Ord. 997 § 1, 1990.]

8.04.050 Storage of refuse.

A. A property owner of a premises within the city where refuse is produced or accumulates shall obtain and maintain the standard container for receiving and holding, without leakage or escape of odors, all refuse which is produced or accumulated upon the premises.

B. A property owner leasing a dwelling for habitation, whether single- or multiple-family, shall provide and keep one standard container as defined in this chapter for each family residing in the leased premises.

C. No person may deposit waste materials as defined in PMC 8.04.030(K) in the standard container used for refuse.

D. A property owner may not:

1. Allow refuse to be scattered about the premises;

2. Allow the contents of a standard refuse container to exceed 75 pounds in weight;

3. Fail to line the standard container with a suitable liner such as newspaper or plastic bag;

4. Fail to wash the standard container weekly after collection;

5. Present for collection refuse which is packed into standard containers so that the refuse will not fall out of its own weight when the standard container is upended;

6. Fail to mark plainly in large letters the apartment number, the occupant’s name, the street address or other readily distinguishable marking on each standard container when there is more than one dwelling unit on the premises;

7. Allow the standard container to remain uncovered whenever any garbage is in it. [Ord. 997 § 1, 1990.]

8.04.060 Storage of yard trimmings.

Yard trimmings produced from the premises may be presented for collection in either a standard container or in a sealed plastic bag. Tree and bush branches may be assembled in tied bundles. The bundles may not exceed 75 pounds in weight or five feet in length or two feet in diameter. [Ord. 997 § 1, 1990.]

8.04.070 Storage of other waste materials.

A property owner shall not (A) allow waste material as defined in PMC 8.04.030(K) to remain scattered about the premises in an unsightly and unsanitary manner, (B) deposit such waste material upon other premises, or (C) otherwise store or allow waste material to accumulate on a premises within the city, except the officially designated disposal area, unless a special permit is obtained from the city council. [Ord. 997 § 1, 1990.]

8.04.080 Collection containers – Placement.

A. Residences/Multifamily. It shall be the duty of every owner, tenant, lessee, or occupant of any private dwelling house to use a container provided by the franchisee or approved by the city and/or franchisee for receiving and holding all of the solid waste and recycling produced, created, or accumulated upon said premises. No solid waste container, other than one owned by the city, shall be placed or kept in or on any public street, sidewalk, footpath or any public place whatsoever, or remain in public view from any public right-of-way. These collection containers shall be maintained in a code compliant location and screened from public view. For purposes of this section, “screened” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the city. No person shall place a container so that either the sidewalk or street gutter is obstructed.

All collection containers shall be kept on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition at all times. The containers shall be located in such places on the premises as to be readily accessible for removing and emptying and shall ensure that the lids or covers are kept closed, that solid waste and recyclable materials are not placed outside the container, and that containers do not leak or spill.

B. Businesses/Commercial/Industrial. It shall be the duty of the proprietor, manager, owner, or lessee of any business, commercial or industrial property to use a container or dumpster provided by the franchisee or approved by the city and/or franchisee for receiving and holding all of the solid waste and recycling produced, created, or accumulated upon said premises. All solid waste, rubbish and recyclable materials containers and dumpsters shall be placed and maintained in a code compliant location readily accessible to the contractor but shall not be placed within the limits of any street or other public place in said city or in such a place or manner as to constitute either a fire hazard or a public nuisance. The proprietor, manager, owner, or lessee of any business, commercial or industrial property shall keep their containers and/or dumpsters in a location not visible from the public right-of-way unless otherwise approved by the city.

All such containers and dumpsters shall be kept in a sanitary condition at all times and shall ensure that the lids or covers are kept closed, that solid waste and recyclable materials are not placed outside the container, and that containers do not leak or spill.

Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the subscriber.

Failure to relocate the containers following notice shall be unlawful and constitute an infraction, punishable as specified in this code. [Ord. 18-1449 § 5, 2018.]

8.04.090 License or franchise required for collection – Exceptions.

No person may engage in the business of collecting refuse within the city, or haul refuse through a street or public right-of-way in the city, unless that person has been granted a franchise or license to do so by the city. However, the owner or occupant of a premises may transport refuse produced on its own premises to the refuse disposal area, subject to the requirements of PMC 8.04.140, pertaining to refuse transportation.

It is unlawful for any person to interfere in any manner with the lawful operations of the refuse collector. [Ord. 997 § 1, 1990.]

8.04.100 License or franchise for collection.

After notice given under Government Code Section 6066 and after a public hearing is held, the city council may provide for the collection of refuse and waste material within the city by the issuance of one or more franchises or licenses to private refuse collectors. The terms and conditions, not inconsistent with this chapter, under which the refuse collector may be required to collect and dispose of refuse and waste material and the payment to be made to the refuse collector shall be specified in the applicable franchise or license. The franchise or license shall be authorized by resolution of the city council. [Ord. 997 § 1, 1990.]

8.04.110 Frequency of service.

Refuse shall be collected by the refuse collector from every occupied dwelling unit once each week, and from each commercial and nondwelling facility with such frequency as the code enforcement officer may require for sanitary reasons. Yard trimmings shall be collected from the refuse collection station or from the curb once each week or with such frequency as the code enforcement officer or the fire chief may reasonably require for sanitary or fire prevention reasons. [Ord. 997 § 1, 1990.]

8.04.120 Time of service.

Refuse may be collected only between the hours of 4:00 a.m. and 4:00 p.m., Monday through Saturday, inclusive. A regular collection of refuse may be made on Sunday in each business district zoned for and predominantly used by commercial establishments. [Ord. 997 § 1, 1990.]

8.04.130 Regulations of service.

The refuse collector is not required to (A) close gates which must be opened to obtain access to a refuse collection station, (B) replace a cover on the container after emptying it, or (C) pick up refuse which has been scattered on the premises by another. Yard trimmings and refuse containers shall be placed at the curb for collection not earlier than 5:00 p.m. on the day preceding the day of collection and not later than 4:00 a.m. on collection day. The owner of an empty refuse container shall remove it from the street not later than 8:00 p.m. on the date of collection. No person shall place a refuse container, bag or bundle at the curb so that either the sidewalk or street gutter is obstructed. No person shall place waste material excluded from the definition of refuse in PMC 8.04.030(G) at the curb or elsewhere for collection, except as may be provided in compliance with PMC 8.04.070. [Ord. 997 § 1, 1990.]

8.04.140 Vehicles used to transport refuse.

Each vehicle used for hauling refuse within the city shall be of such construction as to comply with all laws, rules and regulations of the state, and shall be of a type and construction to prevent leakage or overflow. All refuse in such vehicle shall be completely covered when in route from the last collection station to the disposal area to prevent any refuse from spilling or blowing from the vehicle. [Ord. 997 § 1, 1990.]

8.04.150 Special collections.

The following substances shall be the subject of special collections, upon request of the owner or occupant of a premises: caustics, liquids, loose building materials, sod and earth, sludge, corrosive substances, oil, sewage and industrial waste, boxes which are not placed in the standard container, any items exceeding 75 pounds in weight or five feet in length, and refuse in excess of the capacity of the standard container in regular use on the premises.

A special collection is at the expense of the owner or occupant upon request to the refuse collector. The refuse collector is not required to make a special collection. The refuse collector shall quote its rate before performing the special collection and complete the special collection within 48 hours of receipt of the request, excluding Saturdays, Sundays and holidays (unless otherwise requested by the owner or occupant). The rates quoted by the refuse collector for special collections are subject to approval by the city manager upon request of the owner or occupant, under PMC 8.04.180(B). [Ord. 997 § 1, 1990.]

8.04.160 Dead animal disposal.

A. Dead animals shall be disposed of by the animal control director of the county as provided in Chapter 416-12 of the Contra Costa County Code.

B. No person may deposit or place a dead animal upon or in the ground or upon the tidelands within the city limits. [Ord. 997 § 1, 1990.]

8.04.170 Ownership of refuse.

All refuse upon being moved by the refuse collector from the premises where produced becomes the property and responsibility of the refuse collector. All refuse taken to the disposal area by the occupant of the premises upon which the refuse was produced, shall, upon its delivery to the disposal area, become the property and responsibility of the operator of the disposal area. [Ord. 997 § 1, 1990.]

8.04.180 Designation of collection charges.

A. The occupant of every premises in the city is liable for the payment of refuse collection service, except as provided in PMC 8.04.220. The city council shall fix refuse collection charges by resolution.

B. The charge for a special collection, for an additional standard container of refuse from a dwelling unit, or for a residential collection more often than once a week shall be by agreement between the refuse collector and the customer requesting the special services. If a dispute arises over the cost between the refuse collector and customer, the dispute shall be resolved by the city manager. The city manager’s decision may be appealed to the city council in the manner provided in PMC 8.04.220(B). [Ord. 997 § 1, 1990.]

8.04.190 Disposition of collection charges.

All money collected by the city as refuse collection charges shall be credited to a special revenue account and shall be deposited in the general fund.

The city council may provide by franchise or contract that payment shall be made to the refuse collector no more frequently than twice a month. Payments to the refuse collector may be made, in accordance with the terms of the franchise or contract, without prior city approval of each payment.

In the case of payments made to the city, the finance director shall make periodic reports of the payments as directed by the city council. [Ord. 997 § 1, 1990.]

8.04.200 Payment to refuse collector.

If the city council issues a franchise or license to a refuse collector, the refuse collection charges to the occupants of the premises shall be paid directly to the refuse collector rather than to the city. [Ord. 997 § 1, 1990.]

8.04.210 Collection of charges by refuse collector.

A. Notwithstanding other provisions of this chapter, the franchise holder shall assume full responsibility for the collection of refuse charges to each user. Failure or refusal to pay the refuse collection fees when due subjects the premises to immediate discontinuance of refuse collection.

B. Discontinuance of refuse collection may require the owner of the premises to comply with the provisions of Article III of this chapter, Mandatory Refuse Collection Subscription. [Ord. 997 § 1, 1990.]

8.04.220 Exceptions to collection charges.

A. The city manager may reduce or eliminate the refuse collection service fee for occupied residential premises where the owner or occupant can detail, in a written complaint, the extraordinary circumstances which reduce the need for refuse collection substantially below that required by the average similar premises within the city.

Upon receipt of the complaint, the city manager shall direct the refuse collector to make an investigation and written report within 30 days. The refuse collector’s report shall include findings and recommendations whether the fee should be reduced, eliminated or remain unchanged.

After reviewing the report and making any further investigation considered necessary, the city manager shall notify the complainant and the refuse collector in writing and within 45 days of the original complaint of the city’s manager’s decision.

B. Either the complainant or the refuse collector may appeal the city manager’s decision by filing a written notice of appeal with the city clerk within 15 days after notification of the decision. The city council shall hear the appeal after notice of the hearing date has been mailed to complainant and the refuse collector at least 10 days before the hearing date. The city council’s decision is final. [Ord. 997 § 1, 1990.]

8.04.230 Disposal area.

A. The city may either:

1. Provide an official disposal area for the disposal of refuse collected from within the city; or

2. Designate as the official disposal area for the city a disposal area provided by another; or

3. By franchise agree to the use of a disposal area designated by the franchised or licensed refuse collector.

B. The city may designate the location of the official transfer station in Contra Costa County which must be used for all refuse collected from within the city prior to its transport to the disposal area. [Ord. 997 § 1, 1990.]

8.04.240 Operation of disposal area.

A. The city council may by resolution or by franchise provide for the designated disposal area to be operated by a city department, by a franchised or licensed refuse collector, by another independent contractor or by another public agency.

B. The designated disposal area used for the disposal of refuse originating in the city must be operated in compliance with all applicable statutes, orders and regulations of the state, the county and other public agency having jurisdiction. If a disposal area inside the city is designated for use, the city council shall prescribe specific regulations to ensure a safe and sanitary operation which will not be detrimental to surrounding property. [Ord. 997 § 1, 1990.]

8.04.250 Disposal by public.

Owners and occupants of premises in the city may haul their own refuse, yard trimmings, and waste material to the disposal area or the transfer station from their own premises solely within the city in addition to the refuse collection service provided by the refuse collector. This section does not exempt an owner or occupant from the mandatory duty to subscribe with a refuse collector as provided by PMC 8.04.280. [Ord. 1032 § 1, 1992; Ord. 997 § 1, 1990.]

8.04.260 Burning refuse.

No person may burn refuse or lawn trimmings within the city, except in an incinerator which meets the requirements of the Bay Area Air Quality Management District or its successor. [Ord. 997 § 1, 1990.]

8.04.270 Deposit of refuse in public places.

No person may deposit refuse, or allow the collection of refuse to remain in any public street, highway, right-of-way, watercourse, waterway, levee or bank of a watercourse or waterway, or upon any public premises. [Ord. 997 § 1, 1990.]

Article III. Mandatory Refuse Collection Subscription

8.04.280 Subscription required.

Every owner shall subscribe with a refuse collector for the collection and disposal of refuse. The refuse generated from the premises shall be stored in containers in compliance with PMC 8.04.050, between dates of collection and disposal. The collection and disposal service must be provided at least once weekly, in compliance with PMC 8.04.110. Failure of an owner to subscribe to the service or to otherwise comply with this section is an infraction. [Ord. 997 § 1, 1990.]

8.04.290 Exemption from subscription requirement.

The city manager may exempt a person from the requirements of PMC 8.04.280 who shows and only so long as the person can continue to show that:

A. The premises are unoccupied; or

B. No refuse is produced or stored on the premises. [Ord. 997 § 1, 1990.]

8.04.300 Nuisance presumed to exist.

If an owner fails to subscribe for the collection and disposal of refuse as required by PMC 8.04.280, and this service is not provided to the premises, a nuisance is presumed to exist upon the premises. [Ord. 997 § 1, 1990.]

8.04.310 Collection notice for failure to comply.

The city manager or designee shall serve written notice upon each person who fails to comply with PMC 8.04.280. The notice shall state:

A. The requirements of PMC 8.04.280;

B. That a nuisance is presumed to exist on the premises because of noncompliance;

C. That subscription with a refuse collector or request for a hearing before the city manager must be made within 15 days from service of the notice;

D. That if these notice instructions are not complied with, the city will abate the nuisance by subscribing with a refuse collector for the premises, for a period established by the city manager, but not to exceed one year;

E. That the city’s cost for the refuse collection including administrative costs incurred by the city manager may be levied as a special assessment lien against the real property where the premises are located;

F. The estimated cost of abatement for the proposed subscription period;

G. The person’s hearing rights under PMC 8.04.290 and 8.04.330, and that he or she may appear in person at the hearing or submit a sworn statement instead of appearing. [Ord. 997 § 1, 1990.]

8.04.320 Mailing and posting collection notice.

The notice specified in PMC 8.04.310 shall be considered served when it is deposited in the United States Post Office with postage prepaid, and addressed to the owner and to the person in control of the premises at the last known address according to the current county assessment roll or as known to the city. If no address is there shown or known, then the notice shall be mailed to General Delivery, Pittsburg, California, and posted on the premises. Failure of a person to receive notice given does not affect the validity of the abatement proceedings. [Ord. 997 § 1, 1990.]

8.04.330 Request for hearing.

A. A person subject to the requirement of PMC 8.04.280 that the person subscribe to the collection and disposal of refuse may have a hearing by filing a written request with the city manager on the question of why the person should not be required at their own cost to subscribe to a refuse collection service or why the city should not provide such service for the premises.

B. If a hearing is requested within 15 days of service of the notice, the hearing shall be held within 20 days of the request at a time and place fixed by the city manager. Notice of the hearing shall be mailed to the person requesting the hearing at least 10 days before the hearing date.

C. If no hearing is requested as provided in subsection (B) of this section and the city manager has not been advised in writing that subscription to a refuse collection service has been made, then the city manager is authorized to subscribe on behalf of the city with a refuse collection service for that premises. [Ord. 997 § 1, 1990.]

8.04.340 Manner of holding hearings.

Every hearing under this chapter shall be a public hearing held before the city manager or a designated hearing officer who may receive all evidence considered material. The hearing officer is not limited to the technical rules of evidence. The owner may either appear in person or submit a sworn written statement in time for consideration at the hearing. [Ord. 997 § 1, 1990.]

8.04.350 Decision.

If at the conclusion of the public hearing the hearing officer determines that no exemption under PMC 8.04.290 is applicable or that no subscription was made in a timely manner, then the hearing officer shall order abatement for the proposed subscription period by arranging for the provision of mandatory subscription service to the premises. The hearing officer shall determine the cost of abatement to be charged against the owner. The written order including the cost of abatement shall be mailed to the owner and any person who made a written presentation to the hearing officer for the hearing but did not appear. [Ord. 997 § 1, 1990.]

8.04.360 Appeals.

A person aggrieved by the decision of the hearing officer under this chapter may appeal to the city council by filing written notice of appeal with the city clerk within 10 days of the decision. The council shall hear the appeal after written notice of the time and place of the hearing has been mailed to the aggrieved person within 10 days before the hearing. The decision of the council is final. [Ord. 997 § 1, 1990.]

8.04.370 Final abatement action.

If the owner of the premises has not established an exemption from the requirement of PMC 8.04.280 after a hearing and decision as provided in PMC 8.04.340 through 8.04.360, or subscribed for refuse collection in a timely manner, then the city manager shall subscribe with a refuse collector for the proposed subscription period at the noticed cost. [Ord. 997 § 1, 1990.]

8.04.380 Administrative expenses.

A. The administrative costs in an abatement proceeding authorized by this chapter shall be based on (1) the actual expense incurred by the city, and (2) payments made to a refuse collector. These abatement costs may not exceed the estimate in the costs noticed or the written decision (PMC 8.04.350),whichever is greater.

B. The city manager shall keep an account of these charges incurred for each parcel of real property served. [Ord. 997 § 1, 1990.]

8.04.390 Lien and collection.

The abatement cost is due and payable by the owner of the premises within 30 days after the order or the final disposition of an appeal from that order. If the owner fails to make the required payment within 30 days, the amount due shall be charged to the owner as a special assessment against the parcel of land under Government Section 38773.5. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, it shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. [Ord. 997 § 1, 1990.]

8.04.400 Notice of special assessment.

The city manager shall file with the tax collector a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

(Mandatory Refuse Collection Cost)

Under Government Code section 38773.5 and Chapter 8.04 of Title 8 of the Pittsburg Municipal Code, City abated a public health nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the current assessment roll. The City fixed the below-shown amount as the cost and hereby claims a special assessment against the parcel for this amount.

AMOUNT OF ASSESSMENT: $________

OWNER(S): _______________________

PARCEL: Real property in City of Pittsburg, Contra Costa County, California:

County’s Assessor’s parcel #__________

[Other description where needed]:

_________________________________

Dated:_______________ City of Pittsburg

By: _________________________

(City Manager)

[Ord. 997 § 1, 1990.]


1

For statutory provisions regarding restaurant sanitation generally, see Health and Safety Code § 28520 et seq.

    Prior legislation: 1937 Code §§ 265 through 273, 274.1 through 275 and 291 through 293; Ords. 675, 705, 803, 836, 892 and 935.