Chapter 4.50


Article I. In General

4.50.010    Definitions.

4.50.020    Purpose and intent of chapter.

Article II. Prohibited Acts

4.50.030    Pedestrians and motorists.

4.50.040    Vehicles transporting loose materials.

4.50.050    Litter receptacles and solid waste containerization.

4.50.060    Litter receptacles.

4.50.070    Loading and unloading operations.

4.50.080    Construction/demolition projects.

4.50.090    Provision for solid waste disposal and storage facilities at new buildings.

4.50.100    Keeping property clean.

Article III. Abatement Procedures

4.50.110    In general.

4.50.120    Remedies cumulative.

4.50.130    Preliminary determination – Certified notice violation and requested abatement.

4.50.140    Steps necessary to abate the nuisance – By owner.

4.50.150    Administrative hearing and penalties.

4.50.160    Action by city manager or designee.

4.50.170    Immediate abatement.

Article I. In General

4.50.010 Definitions.

“Containers” are litter storage bins, composed of metal or heavy plastic, and designed to provide sufficient capacity so as to prevent their contents from overflowing into surrounding areas, and to have a closure system which discourages animals and insects.“Litter” is any quantity of misplaced solid waste, including but not limited to discarded furniture and appliances, overflowing residential and commercial trash cans, pieces of lumber and scrap metal left at a construction site, uncontainerized paper such as fast-food packages, candy wrappers, cigarette butts, and/or plastic, glass, trash, debris, rubbish, refuse, garbage or junk parts and scrap materials.

“Littering” is the discarding, dropping or scattering of small quantities of waste matter ordinarily carried on or about the person, including but not limited to beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines, in a place other than a container maintained for the proper disposal thereof, and including waste matter which escapes or is allowed to escape from a vehicle, container, receptacle or package.

“Public property” includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, lanes, alleys, public right-of-way, public parking lots, school grounds, municipal grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly owned recreation facilities and municipal waterways and bodies of water.

“Private property” includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities. (Ord. 717 § 1. Code 1997 § 17-61)

4.50.020 Purpose and intent of chapter.

The city council, after several public discussions and hearings, makes the following findings of fact, thereby declaring its purpose:

A. That the existence or accumulation of litter, trash, scrap materials, junk parts, garbage, or refuse of any kind upon private or public real property constitutes a public nuisance affecting visual and aesthetic health and welfare; provided, that said refuse is visible to occupants of an adjacent or nearby parcel of real property, or to the user of any right-of-way.

B. That excessive amounts of litter and waste materials accumulate in single-family residential lots, multiple-family residential lots, commercial and industrial areas, and are deposited in the streets and public right-of-ways within the city.

C. That the public health, safety, and welfare of the citizens of and visitors to the city require that the collection, removal and disposal of litter, rubbish and waste material from all areas within the city must be managed to ensure the greatest good and least possible inconvenience, cost and maintenance to the city and the citizens thereof.

D. That the collection, removal and disposal of litter, rubbish and waste material from all areas within the city benefits all owners, occupants or per sons in possession, charge or control of all such areas where said material accumulates and requires removal therefrom on a regular and or as needed basis, and that liability for payment of such services, irrespective of actual use of those services, shall be as set forth in SLTCC 4.150.300. (Ord. 717 § 1. Code 1997 § 17-62)

Article II. Prohibited Acts

4.50.030 Pedestrians and motorists.

A. It shall be unlawful for any person to throw, dump, scatter, discard, place or deposit litter in any manner or amount on any highway, road, right-of-way, or public or private property within the corporate limits of the city, except in containers or areas lawfully provided for that use. (California Penal Code Section 374b, 374b.5, 374e; California Vehicle Code Sections 23112, 23112b, 23113; and SLTCC 4.150.440).

B. No person, either directly or indirectly shall distribute, deposit, place, throw or scatter any handbill, leaflet, flyer or any other advertising or informational material upon any public thoroughfare, private property or upon any automobile or other vehicle; providing, the provisions of this section shall not be deemed to prohibit the handling of any handbill to any person willing to accept such handbill. (SLTCC 6.05.030 through 6.05.050.) (Ord. 717 § 1. Code 1997 § 17-63)

4.50.040 Vehicles transporting loose materials.

It shall be unlawful for any person, firm, corporation, institution or organization to transport any waste matter or litter by truck or other motor vehicle within the corporate limits of the city unless said cargo is covered and/or secured in such a manner as to prevent depositing litter on public or private property. (SLTCC 4.150.080; California Vehicle Code Sections 23114 and 23115.) (Ord. 717 § 1. Code 1997 § 17-64)

4.50.050 Litter receptacles and solid waste containerization.

A. Each person owning a single-family residence, multifamily residence or commercial establishment, located in any area in which collection is provided by the city approved contractor, shall have suitable containers, designed to provide sufficient capacity so as to prevent its contents from overflowing into surrounding areas and equipped with a sufficient closure system so as to discourage animals and insects. The type, suitable size, and number of containers as prescribed shall be consistent with the requirements of this chapter and SLTCC 4.150.110 through 4.150.250.

B. Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the persons collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the city or the city authorized contractor.

C. All items too large to fit into containers, such as but not limited to appliances, furniture and mattresses, shall be disposed of by the property owner in accordance with SLTCC 4.150.110.

D. All loose materials which normally fit into containers, but which are excess as a result of a special circumstance such as holidays, shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.

E. Containers shall be kept covered or closed at all times.

F. It shall be unlawful for any person to deposit household solid waste in any receptacle maintained for purposes of general litter disposal. (Ord. 717 § 1. Code 1997 § 17-65)

4.50.060 Litter receptacles.

A. All commercial establishments and institutions which generate solid waste within the city boundaries are required to demonstrate adequate refuse collection and removal.

B. All commercial establishments and institutions that are not on a regular refuse removal schedule shall apply for an exemption in accordance with SLTCC 4.150.390(C) and (D).

C. It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from the establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. (Ord. 717 § 1. Code 1997 § 17-66)

4.50.070 Loading and unloading operations.

Any owner or occupant of an establishment or institution at which litter is produced during the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof. (Ord. 717 § 1. Code 1997 § 17-67)

4.50.080 Construction/demolition projects.

A. It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit, or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolitions project.

B. It shall be the duty of the owner, agent or contractor to have adequate containers on site for the disposal of litter and to make appropriate arrangements for the collection thereof or transportation by the owner, agent or contractor to an authorized facility for final disposal.

C. The owner, agent, or contractor may be required at any time to show proof of appropriate collection, or, if personally transported, of final disposal at an authorized facility. (Ord. 717 § 1. Code 1997 § 17-68)

4.50.090 Provision for solid waste disposal and storage facilities at new buildings.

A. Before building permits shall be issued for construction of commercial buildings and multiple dwelling units, plans for the adequacy, location and accessibility of solid waste containers and storage facilities must be approved by the city building and zoning department.

B. No final building permit shall be issued for said premises until the department’s approval of these facilities has been obtained. (Ord. 717 § 1. Code 1997 § 17-69)

4.50.100 Keeping property clean.

A. The existence or accumulation of litter, trash, scrap, materials, junk parts, garbage or refuse of any kind upon private property shall be prohibited; provided, that said refuse is visible to the occupants of an adjacent or nearby parcel of real property or to the users of any right-of-way (SLTCC 4.40.050 and 4.40.060).

B. It shall be unlawful to allow accumulations of wastepaper, litter, or combustible or flammable waste materials or rubbish of any kind to remain in any court, yard, vacant lot or open space. (Uniform Fire Code Section 11.201(a).) (Ord. 717 § 1. Code 1997 § 17-70)

Article III. Abatement Procedures

4.50.110 In general.

When addressing prohibited acts associated with litter, as described in SLTCC 4.40.020 and further amplified in this chapter, the following abatement procedures will apply. (Ord. 717 § 1. Code 1997 § 17-71)

4.50.120 Remedies cumulative.

The procedures provided by this article are not exclusive, but are in addition to other procedures provided by other provisions of this code or any other law of this state. (Ord. 717 § 1. Code 1997 § 17-72)

4.50.130 Preliminary determination – Certified notice violation and requested abatement.

When the city manager or his designee determines that acts are being performed or conditions exist which have been declared by law to be in violation of this chapter, the city manager or designee shall notify, by certified letter, the owner of the property upon which or in front of which the violation exists, any other persons having an interest of record in the property and the persons accusing the violation if different from the above described persons, to respond within five days and comply within 14 days from the date of the letter.

The letter shall contain the following information:

A. The names and addresses of the owners of record of the property, the names and addresses of the owners of the property as shown by the last available equalized assessment roll of the county and the names and addresses (where known) of all persons having an interest of record in such property.

B. The assessor’s parcel number of the property upon or in front of which such violation exists as shown on the current records of the county assessor and by any other description that in the opinion of the city manager is necessary to identify the property.

C. A description of the acts or conditions constituting the violation.

D. Final compliance date, not to exceed two weeks from the date of the notice.

E. A description of the steps necessary to abate the nuisance.

F. The date, time and location of a hearing at which objections to the abatement of the nuisance may be heard. The hearing may be held no sooner than five days after the date of the letter.

G. Notice that the nuisance will be abated by city authorities and all costs will be assessed upon the property, should the nuisance remain after the hearing date.

H. A copy of such notice shall be mailed to each person named therein.

I. A copy of such notice shall be posted upon the property upon or in front of which the nuisance is declared to exist.

J. An error in name and address of any person, or the failure of any person to whom notice is to be given to receive the notice shall not affect the validity of the proceedings. (Ord. 717 § 1. Code 1997 § 17-73)

4.50.140 Steps necessary to abate the nuisance – By owner.

A. If the owner intends to correct the violation, he/she must comply within two weeks of the date the notice of violation is mailed.

B. If the property owner fails to respond or refuses to comply within the two-week deadline, the city authorized contractor will be dispatched by the city to abate the nuisance.

C. A bill for the abatement will be sent to the property owner for the cost and service charges associated with the abatement.

D. The city will compensate the city authorized contractor within the regular billing period for abatement procedures, and reimburse the general fund when payment if received from the owner.

E. If payment if not received from the property owner in a reasonable amount of time, a lien will be placed against the property. (Ord. 717 § 1. Code 1997 § 17-74)

4.50.150 Administrative hearing and penalties.

A. If a violation continues to exist after the above notification and abatement process has been completed, or if there are repeat violations at the same location, the property owner and/or the renter, tenant or person causing the violation shall be noticed of an administrative hearing to be conducted within five days of the end of the above notice process by the city manager or appointed designee to consider the violation.

B. If the hearing officer finds that sufficient evidence exists of violation of the provisions set forth herein, the penalty of $100.00 for the first offense may be assessed, a penalty of $250.00 for the second offense, and a penalty of $500.00 for third and any subsequent offenses thereafter, against the property owner or the person determined to be the violator. Consideration of number of offenses shall be given in determining the fine. (Ord. 717 § 1; Ord. 745 § 1; Ord. 791 § 1. Code 1997 § 17-75)

4.50.160 Action by city manager or designee.

A. If the hearing officer determines that the act is or conditions do not constitute a violation, he/she shall so declare and the proceedings shall terminate.

B. If the hearing officer determines that the acts or conditions do constitute a violation of this chapter, he/she shall so declare after which he/she commences the abatement of the violation by use of city forces, or by such contractors as may, in the judgment of the hearing officer, be necessary to abate the violation. (Ord. 717 § 1. Code 1997 § 17-76)

4.50.170 Immediate abatement.

Where litter conditions exist to the extent that they constitute a potential fire hazard, or a threat to the health, safety and/or welfare of neighboring residents, the city manager is hereby authorized to initiate immediate action to correct the problem by either contacting the appropriate fire and/or health authorities, or by commencing an immediate abatement by the city authorized contractor, in accordance with SLTCC 4.45.040. (Ord. 717 § 1. Code 1997 § 17-77)