HomeMy WebLinkAbout02 ORD 1325-SOLID WASTE MGMT 01-15-07AGENDA REPORT
MEETING DATE: JANUARY 15, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ORDINANCE 1325 AMENDING CITY CODE SECTIONS 4300
THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT
SUMMARY
Staff and the City Attorney's Office have reviewed the City Code Section for Solid Waste
and have revised and updated the Code. The proposed revisions include a fifty percent
diversion requirement for solid waste collection franchises and assigning responsibility for
managing the Construction and Demolition Waste Ordinance to the Public Works
Department. Staff is requesting the City Council conduct a public hearing to seek public and
industry input, introduce Ordinance No. 1325, conduct a first reading of the ordinance and
schedule the second reading for the next City Council Meeting.
RECOMMENDATION
That the City Council conduct a public hearing, introduce and have the first reading of
Ordinance No 1325 amending the Tustin City Code pertaining to solid waste manageme-nt
regulations and schedule the second reading at the Council s next scheduled meeting
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
The last major revision to the City Code Section for solid waste was in 1989. The revision
was completed prior to the approval of the California Integrated Waste Management Act of
1989 (AB 939). Since 1989, a myriad of regulatory changes have taken place that has
impacted agencies statewide and also has changed how the waste management industry
serves agencies and the public.
The proposed ordinance is intended to comply with AB 939 and current trends in waste
management. The Code Section provides explicit recognition of the California Integrated
Waste Management Act (AB 939) and has been reorganized and renumbered to better
define City and franchise hauler responsibilities.
Ordinance 1325 Amending City Code Sections 4300 through 4362 Related to Solid Waste
Management
January 15, 2007
Page 2
Major proposed changes to the code include:
. A more precise set of definitions;
. The removal of Code Sections that are more appropriate as contract provisions
. A 50% diversion requirement for solid waste contract franchisees
. The transfer of Construction and Demolition Waste Recycling enforcement from the
Community Development Department to the Public Works Department.
The 50% diversion requirement for solid waste franchisees is a significant change to the
City's franchise requirements. Since the AB 939 500/0 diversion requirement took effect in
the year 2000, the City has never achieved 500/0 diversion. As a result, the California
Integrated Waste Management Board (CIWMB) continues its scrutiny of City's diversion
programs. Currently, there is no minimum franchise diversion requirement in the City Code
and efforts to gain compliance with the requirements of AB 939 via Franchise Agreements
have not satisfied the CIWMB. The Construction and Demolition Section of the Code
currently requires the diversion of 500/0 of all construction and' demolition waste. Staff
believes that in order to satisfy the CIWMB, a sustained and significant improvement to the
diversion of municipal waste requires a defined minimum amount of diversion from that
waste stream.
The transfer of the Construction and Demolition Waste Program from the Community
Development Department to the Public Works Department is made possible by the addition
of an engineering staff member to handle water quality and other environmental compliance
issues.
Staff recommends that the City Council introduce Ordinance 1325, conduct a public hearing
and schedule a second reading on February 5, 2007.
Tim D. Serlet
Director of Public Works/City Engineer
Joe Meyers
Administrative Services Manager
Public Works Department
TDS: JM: ccg:Ord 1325 amending city code.doc
Attachments: StrikeouUUnderline version
Ordinance 1325
CHAPTER 3-S0LID WASTE MANAGEMENT
PART 1-GENERAL PR VISIONS
Sec. 4310. Declaration of Purpose and Severabilitv.
a. The purpose of this Chapter is to regulate solid waste handlinq in order to protect
the public health, safety and welfare and to meet the City's obliqations under the
California InteQrated Waste Management Act of 1989 (Public Resources Code
Sections 40,000 et seq.) (Hereinafter "AS 939").
b. Pursuant to the California Constitution, the City is authorized to enact ordinances
to rotect the ublic health safet and welfare. Pursuant to Public Resources
Code Section 40059, aspects of solid waste handlinq of local concern include.
but are not limited to, the frequency of collection, means of collection and
transportation. level of service, charqes and fees, and whether solid waste
services are to be provided bv means of non-exclusive, partiallv exclusive. or
wholly exclusive franchiseJ contract, license or permit and the terms and
conditions of such franchise, license or permit.
c. If any Section, sentence, clause. or phrase of this Chapter is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validitv of
the remaininq portions. The City Council of the City of Tustin declares that it
would have passed this chapter and each section, subsection, clause, and
hrase thereof irr 've of the fact that an one or more sections
subsections. sentences, clauses or phrases be declared invalid or
unconstitutional, and would have passed and adopted the same even thouqh any
parts, sections. subsections. sentences clauses or phrases that may be held
invalid had been omitted therefrom.
Sec. 4311. Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context certain
words and phrases used in this chapter are defined as follows:
"AS 939" or "Act" means the California Intearated Waste Manaaement Act of 1989.
codified in part at Public Resources Code ection 40000 et seq., as it may be amended
from time to time and as implemen d bv the requlations of the California Inteqrated
Waste Manaqement Board, or its successor.
"Applicant" means any individual, firm. limited liability company. association.
partnership. political subdivision, qovernment agency, municipality. industry, public or
private corporation, or any other entity whatsoever who applies to the City for the
applicable permits to undertake any construction. remodelinq or demolition proiect
within the City.
1
"C&D" means "Construction and Demolition."
HCityH shall mean the City of Tustin.
"Construction and Demolition DebrisH or "C&D debris" shall mean used or discarded
materials removed from premises during construction, renovation, remodeling, repair, or
demolition operations on any pavement. residential building. commercial or industrial
buildinq~ or other structure and shall include. but 'is not limited to concrete, asphalt
pavinq, asphalt roofinq, lumber. qypsum board. rock, soil and metal.
HConstruction. remodeling or demolition proiect" means the erection or demolition of or
the makinQ of chanqes to any buildinQ, structure or landscapinq which qenerates C&D
debris.
"Contractor" means any person or entity holding. or required to hold, a contractor's
license of any type under the laws of the State of California, or who performs (whether
as contractor, subcontractor or owner-builder) any construction, demolition, remodelinQ.
or landscaping service relatina to buildinqs or accessory structures in the City of Tustin.
"Covered project" has the meaninq set forth in Section 4351 (a)(1 ).
"Diversion requirement" means the amount of waste collected bv the franchisee and the
amount of C&D debris for each proiect that must be diverted from landfills.
"Divert" means to use material for any purpose other than disposal In a landfill or
transformation facility.
"FranchiseH means the riqht or privileQe conferred bv the City on one or more private
entities for the collection, transportation or other handlinQ of solid waste.
"FranchiseeH means a solid
PART 1 GENERAL
4311 DEFINITIONS
For the purposes of this chapter, the follovt1ing terms sh311 h3\/8 the m03nings
respecthlely designated unless it is clear from the context that a different meaning is
intended:
H/\pp!,icClnt" Sh311 mean 3ny individu31, firm, contr3ctor, limited 1i3bility comp3ny,
3csoci3tion, p3rtnership, pri'J3te corpor3tion, or 3ny other entity 'it'h3tsoever \.vho is
required to 3pply to the City for the 3pplic3ble permits to undertake 3ny construction or
demolition project \/\/ithin the City.
t(
({Co!lection" means the operation of gathering together 3nd tr3nsporting solid YJ3ste
m3terial to the point of dispos31.
({Construct/on" Ch3H me3n the building of 3ny f3cility or structure or 3ny portion there of
including 3n~l ten3nt improvementc to 3n existing f3cnity or structure.
2
"Construct/on a:7d domoJitjon dcbr/s" or aC&D debris}} sh311 mean used or discarded
roofing, lumber, gypsum board, rock, soil and metal.
"ContaIner) means a receptacle constructed of metal or plastic VJith solid bottom or
other container appro'/ed by the City.
"Contractor)) mC3ns the person entering into a contract \vith the City for the collection
and disposal of solid ll.'3ste m3tcri3L
"Con\'Orslon rate)) sh3f1 me3n the rate set forth in the st3ndardized Conversion R3te
T3ble approved by tho City pursuant to Soction 4327 for use in estimating the volume or
\~f;leight of m3teri3is identified in a \1t^!3ste M3n3gement P13n.
uDOcOl7structfonJ} is to dis3csemble any facility, infr3structure, structure, or building,
v.1hether in \r^.'hole or in part, vv'hether interior or exterior, piece by piece in order to
831\/age the parts.
aOemofftion" shall me3n the decimating, r3zing, ruining, tearing dO'J,,1n or 'A/recking of
any facility, infr3structure, structure,p3'./ement or building, 'v\,'hether in 'Nhole or in part1
v\lhether interior or exterior.
"Disposal" means the complete operation of treating and disposing of the
accumulations of solid '.,,'aste material and of the product or residue arising from such
treatment
uOiverlJJ shall me3n to use construction and demolition debris m3terial for any purpose
UDivorsion requirement" sh311 mean tho diversion of 3t le~st fifty (50) percent of the total
construction and demolition debris gencr3ted by a project 't/ia reuce or recycling.
u,cood \1l/{1steJJ mC3ns 3nimClI, \legct3ble or mineral m3tter derhr'ed from the preparation
or packaging of food stuff, but does not include h3z3rdous m3tcrials 3S herein defined.
uHaz:Jrdous materi:JJsJJ me3ns and includes \il3stes th3t 3re h3z3rdous by re3son of
their pathological, explosive, r3diological, or toxic ch3r3ctcristics, including, but not
limited to flamm3ble V\.'3ste, waste enterprise having a solid waste franchise agreement
with the City.
,
subst3nces, commercial products or 3ny other solid waste. Green Waste does not
include stumps or branches with a diameter exceedinq eiqhteen inches (18n) or a lenqth
exceedinq four feet (4').
"Hazardous waste" means any substance, waste or mixture of wastes defined as
"hazardous substance" or "hazardous cpeci31 vf;13stec, cont3min3ted soil, waste:
pursuant to the Resource Conservation and Recovery Act (URCRA"). 42 U.S.C. Section
9601 et seQ.. the Comprehensive Environmental Response. Compensation and Liability
Act ("CERCLA"). 42 U.S.C. Section 9601 et seq., and all future amendments to either of
3
them, or as defined bv the CaJifornia InteQrated Waste Manaqement Board, and all
substances defined as Hazardous Waste, acutely Hazardous Waste~ or extremely
Hazardous Waste bv the State of California in Health and Safety Code &25110.02.
~25115, and &25117 or in the future amendments to or recodifications of such statutes
or identified and listed as Hazardous Waste bv the US Environmental Protection
Agency (EPA). Where there is , , a
conflict in the definitions emploved bv two or more agencies havinq iurisdiction over
hazardous or solid . . . . , ,
recycling, reclamation or dispos31 of any other special waste, the term "hazardousEieaG
3nim3ls, manure, S8'i\,13ge waste" all be construed to have the broader, more
encompassinq definition.
"Person" shall mean, 'iy'3ste\\'3ter, explosive cubstance, radio3ctive m3terial, and any
solid waste enterprise, individual, partnership. ioint venture, firm, corporation, nonprofit
corporation. association. orqanization, unincorporated private or public orqanization, or
any other combination or entitV.material 'vvhich has been exposed to highly infectious or
contagious dise3ses.
"Premises" means any buildinq, dwellinq. or site in any zone within the City from which
"Projecf" Sh311. mC3n any activity is conducted, includinQ.. without limitation. residential.
service. nonprofit.. qovernmental. institutional, educational. industriaL commercial or
agricultural uses.
"Project" means any activity that vvhich requires an application for a building or
demolition permit or any similar permit from the City.-
HPublic Works Director" shall mean the Public Works Director or his/her desiqnee.
"Recvclable solid waste" shall mean all solid waste which can be recvcled and which is
separated from other solid waste for the purpose of beinq recvcled such as~ but not
limited to~ aluminum~ cardboard. glass~ qrass, and yard cuttinqs~ metal, newspaper,
paper.. and plastic.
"Recycle" or Urecycling'''iRec}Jc,ling'' shall mean the process of collecting, transferrinq.
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 that 'w"hich meet the quality standards
necessary to be used in the marketplace.-
"Remodel" means "ROnOt/3tion" sh311 mS3n any change, addition, or modification to an
existing structure.-
"Reuse" means" shall mean further or repeated use of C&D debris or other types of
solid waste.construction or demolition Debris.
"Roll-off box" means a container used for solid waste collection, usuallv 10 to 50 cubic
yards . in size.. which is removed from the premises and transported to a recvclinq or
disposal site for solid waste removal. Roll-o boxes are tvpicallv used for C&D debris.
other temporary solid waste collection needs~ and for larqe solid waste qenerators.
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"SalvageH means" Sh3!1 mean the controlled removal of C&D construction or demolition
debris from a permitted building or demolition site for the purpose of recycling, reuse, or
storage for later recycling or reuse.-
"Scavenging" means the unauthorized removal of solid waste from containers or bins of
City franchisees. ScavenqinQ is prohibited bv this Chapter.
"Solid Waste ContainerH shall mean any bin. roll-off box. cart. receptacle. or other
container used to hold solid waste for collection and disposal or processing.
"Solid waste" means all discarded putrescible and non-putrescible solid. semisolid. and
liquid wastes, includinq QarbaQe. trash, refuse, paper. rubbish, ashes, qreen waste~
recyclable materials, bulky qoods. discarded home and industrial appliances, C&D
debris. manure, veqetable or animal solid and semisolid wastes. and other discarded
solid and semisolid wastes. "Solid waste" does not include:
(a) Hazardous waste or low-level radioactive waste requlated under Chapter
7.6 (commencing with Section 25800) of Division 20 of the Health and
Safety Code:
(b) Medical waste which is requlated. pursuant to the Medical. Waste
Manaqement Act (Chapter 6.1 (commencinq with Section 25015) of
Division 20 of the Health and Safety Code): or (c) abandoned vehicles or
parts thereof.
"Solid waste handlinq services" shall mean the transportation, storaQe~ transferi
processinCL disposal or collection (whether from the curbside, bins, roll-off box or any
other type of solid waste container or location) of solid waste for residential, commercial.
institutional. industrial or any other oriqinators, users or customers.
"Waste reduction and recvclinq plan" or HWRRP" means a completed form submitted bv
an applicant for any covered proiect approved bv the City for the purpose of compliance
with Part 5 of this Chapter. The first portion of the form is submitted when applyinq for a
permit, and the second portion when the proiect is completed.
"WRRpH means "Waste Reduction and Recvclinq Plan."
((Security deposit" shall mean the cash deposit est3blished by Section 4327 of this
chapter to secure performance of the Oi'v'ersion Requirement of Section 4327.
((
, ,
materials \\f~Jhich ordinarily accumulate from the operation of a household or business,
but sh311 not include dicc3rdcd outomobile or truck bodies, othor bulky or he3vy objects,
'l.'3ste m3teri31 resulting from 3ny m3nuf3cturing} building or construction oper3tions1
manure, offal 1 vvaste from any poultl)' yard or stable or hazardous materi3ls.
((Spacial material" means and includes bulky materials or other special \fV3stes that are
Rot stored in standard storage containers 3nd cannot be picked up by a norm311y used
collection vehicle.
5
"tlt/asta P.1:Jnagomont ,D/{]f7" sh311 me3n :) completed \^J~;;1P form, 3pprovsd by the City
for the purpoce of compli3nce '.\lith Section 1327 of this ch3pter, cubmitted by the
applicant for any major project.
(Ord. ~Jo. 510~ Ord. I'Jo. 1011,
Generator. ,
a. Collection ArranQements Required~ Unauthorized Accumulation Prohibited and
Declared a Public Nuisance.
1. In order to protect the public health, safety, and welfare and to prevent the
spread of vectors. the owner, occupant or other person responsible for
an remises in the all arran e with a Franchisee for the collection
af solid waste, as set fa in this Chapter.
2. It is unlawful for the person havinq control or possession of any premises
in the City to fail or neqlect to provide for the removal of solid waste. Each
day's violation of this Section shall be treated and considered as a
separate and distinct offense.
3. Anv unauthorized accumulation of solid waste on any property or
premises is hereby declared a public nuisance and is hereby prohibited.
b. Frequency of Solid Waste Collection.
1. Solid waste created. produced or accumulated in or about premises in the
City shall be removed from premises at a minimum of:
(a)
6
PJ\RT 2 SOLID \.^l6^~STE RESPONSIBiliTIES GENERATOR
No person shall:
(a) Throw, place, scatter or deposit any solid \.vaste material in or upon any public alley,
street or high\v^Jay except 3S herein expressly authorized;
(b) Throw, pl::lCe, ccatter or deposit any such material upon or below the curbce of ~my
premises in sllch a manner that the came is or may become a nuisance or endanger
the public health;
(c) Cause or permit any solid v/acte to be carried or placed other than in accordance
'ffvith the pro'lisions of this Code.
(Ord. 510; Ord. No. 1011, Sec. ~, 1 3 89)
4322 RECEPTACLE FOR FOOD '.^lASTES
No percon shall dump food wactes or other cimilar substanco in anything except a tight
container for holding garbage. Each such cont3iner shall be constructed of metal or
plastic, shall be watertight, shall be so constructed as to contain not less than three (3)
gallonc and no more than sixteen (16) gallons and of such shape and weight as may be
easily handled, and chall be provided with handler; on the outside thereof and with a
. .'
as herein described for holding g3rbage. Small amounts of food '"A/aste '/v/hich are
reasonably free of water may be wrapped in several thicknesses of paper and deposited
with other solid ',,\'38t8S provided no odor, secretion, or other nuisance is created
3ndpro\lided such food \,Aw'3stes are protected from disturb3nce by anim3ls.
(Ord. 510; Ord. NO.1 011, Sec. 5, 1 3 89)
4323 RECEPTACLE FOR OTHER SOLID \~^JASTES
a Cont3iners
Every four days for putrescible waste
(b) Once each week for non-putrescible waste
2. The followinq materials may be collected less frequently unless the City
deems otherwise:
(a) Temporarv solid wasteperson occupying or h~rJing charge or
control of 3ny premises sh311, in addition to the food 'l/aste
receptacle described in Section 4322, pro\,tide or cause to be
pro\lided suitable containers on construction or demolition sites
containing no food waste! food wrappers. yard waste1 or any form
of organic waste
7
(b) Recyclables or recept3cles approved by the City for the
accumulation and collection of rubbish or V/3ste material from such
premises, each of ',/vhich containers containinq no food waste, food
wrappers, yard waste, or any form of orQanic waste or receptacles
shall h3'J8 3 m3ximum C3p3city of thirty five (35) g31lons 3nd Sh31l
\^Jeigh no more than sixty (60) pounds when filled and set out for
collection, providedy hO\i\'eVer, that special bins designed for
mcch3nic31 loading shall be exempt from the sixty pound 'vA/eight
restriction provided they are used in 3ccord3nce '/lith the City
approved regulations. The City shall prescribe from time to time the
type or types of receptacles to be used for each premises. \^/here
bin ser\'ice is prescribed by the City for 3 premises, the person or
> " IC 1I
by the City'g contractor and shall pay the fees therefor approved by
the City.
3. If conditions warrant the County Health Officer or the City may require a
greater frequency of removal.
C. Recyclable Solid Waste Collection.
1. Ownership of recyclable. solid waste. Upon placement of recyclable solid
waste at a desiqnated recvclinq collection location, such recyclable solid
waste shall become the property of the Franchisee enQaQed to collect
such material.
2. Collection by persons other than an authorized Franchisee Prohibited. It
is unlawful for any person, except for the permitted Franchisee enQaqed to
provide such service. to collect recvclable solid waste from a desiqnated
recvclinq collection container. The City may. at its option. arranqe for
collection in the event of health and safety issues or of a dispute between
the Franchisee, the customer or the City.
3. Generator's riqhtb Special M3terials
Branches of trees, hedges, or shrubs, chall be cut in length!; of not Q',/er four (1) feet and
pl3ced in containers 3S described above or, in lieu thereof, such br3nches or clippings
may be tied in bundles not to exceed fifty (50) pounds per bundle, provided, hO\\/ever,
th3t no more than six (6) bundles shall be set out for collection. 1\11 V3cuum cle3nor dust,
sVlt/eepings, or ashes shall be pl3ced in enclosed cont3inerc.
c Rcmov31 from Premises Required
Every person occupying or having charge or control of any premises shall cause the
cont3iners approved for the premicec to be emptied :lnd 311 food 'l/:lste, rubbish, or
"'3ste m3teri3! remo'led from the premises 3nd disposed of in 3 m3nner 3S prescribed
by this Code at least once in each c31endar week except as pro\lided in Section 1324.
(Ord. f'Jo. 510; Ord. [\Jo. 1011, Sec. 6, 1 3 89)
8
4324 DISPOSAL OF SPECIAL M.~TERIJ\LS
Every person occupying or having charge Of control of any premises shall, at least once
in 83Ch c31end3r month} collect 3nd dispoSG of, or C3uce to be collected 3nd dispoced
of in accordance vvith the provisions of this Code, 311 debris, other than normal
household rubbish, including trees, logs, auto bodies, grass from renovating, sod, dirt or
simil3f material, ~nd he3vy or bulky objects} and all other vvaste not included in the
me3ning of "Solid \y^l3ste," 38 defined in Section 1311, \~lhich may h3\'e 3ccumul3tedon
his premises, pro'lided that building or construction \~vaste and debris need be removed
only upon completion of construction operations. Such materials shall be removed by
and disposed of in a la'fw'ful manner 3nd in ::lccordance '''lith this Code by:
(a) The person occupying or having control of the premises;
. .
(c) By the Contr3ctor (a8 defined in Section 1311) servicing such area.
/\n extra ch3rge, 3S determined by the Contr3ctor, may be imposed for the collection of
such material.
(Ord. f'Jo. 510; Ord. No. 809, Sec. 1, 11 5 79; Ord. No. 101~, Sec. 7,1 3 89)
E'v'ery person h3\/ing colid '.\'38te m3teri31 to recycle. Nothinq in this Chapter
limitsbe collected 3nd remo\/ed from premises shall place 3nd keep the
rig f any person same in such approved receptacles at; required by this
Code, 3nd sh311 pl3ce such receptacles 310ng the street curb in front of the
premises from '/Ihich such m3teri31 is to sell. donate, or otherwise divert
their own recvclables from landfillinq, except that recvclables deposited
into containers provided bv a Franchisee and placed be removed, or along
the property line of the 311ey in the re3r or 3t the side thereof, 3ccording to
the route appro\'ed by the City, on the d3YS 3pproved by the City for
collection shall become solid waste and the property of the Franchisee as
provided for in Subsection 1 abov' .
route. No person Ch3l1pl::lce ::lny receptacle in 3ny street, ::lUcy or other
public \.~./3Y 3t 3ny time or pl3ce other th3n 3C 3bove pro'v/ided, or before
noon on the d3j' preceding the norm:ll collection d3Y, or alla'}l any
receptacle placed by him in any such street, alley, or public v'jay, to be or
rcm3in therein or thereon for marc than t\^/clve (12) hours 3ftcr such
recept3cle h3S been emptied. Speci31 bins sh311 be m3int3ined or moved
to :3 loc:ltion prior to scheduled collections \\Ihich is suit3ble for convenient
d. Containerization of Solid Waste.
1. All solid waste shall be placed for collection in containers provided bv
Franchisees, except when special collections are authorized bv this
Chapter or the City's franchise aqreement. Special collection items~ such
as bulkv items. holiday trees. bundled residential qreen waste, and
househ d hazardous waste placed for curbside collection, must be placed
9
for collection in accordance with the terms of this Chapter or theCity's
franchise agreement.
2. Placement of Solid Waste Containers for Collection. Residential solid
waste containers shall be placed curbside or in the qutter. not earlier than
twent -four 24 hours fore collection is scheduled and removed not
later than twenty-four (24) hours after collection.
3, Solid Waste Container StoraQe Enclosures.
(a) All solid waste containers, for both residential and commercial
customers, must be shielded from view within a buildinQor area
enclosed b a w not less than six 6 feet in hei ht. No solid
waste container storaQe shall be within fifty (50) feet of any
residential or open space planninq areas unless it is fully enclosed.
(b) All new construction of residences and businesses must include
sufficient storaqe area for both solid waste and recyclinq
containers. The City may require that sufficient storaqe area for
both solid waste and recvclinQ containers be built when an existing
facility is bein~ renovated. City will review plans to ensure that
. adequate space will be provided prior to issuance of a buildinq
permit.
Sec. 4313. Solid aste Collection Schedules.
a. Collection Hours. No collection of solid waste. or deliverv or removal of
containers bv a Franchisee~ shall be made from within 200 feet of any residence
in the City between the hours of 6:00 p.m. and 7:00 a.m. any day unless prior
written approval has been obtained from the Public Works Director or desiqnee.
b. Holidav Schedule. Franchisees may onlv postpone collection for the following
holidavs: January 1 st. Memorial Dav, Independence Dav, Labor Dav.
ThanksqivinQ Day, and Christmas Dav. Service due on the holidav, and on each
day durinq the remainder of the holidav week, shall be delayed no more than one
day.
Sec. 4314. Encroachment Permit for Solid Waste Container Placement in Public
Right-of- Way.
a. Except for curbside collection or storaqe enclosure collection pursuant to Section
4312d, prior to placement of a solid waste collection container in the public riqht-
of-way, the person placing the container must obtain an encroachment permit
from the City. A performance bond or letter of credit may be required prior to
issuance of the encroachment permit. Onlv a Franchisee authorized bv the
franchise, or customer hirinQ such a Franchisee, may obtain an encroachment
permit for a temporary collection bin. Applications for such permit shall be on
forms supplied by the City and shall contain the followinq information:
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(1) Name. address, and business telephone;
(2) Evidence of solid waste franchise or permit
(3) Name, address1 and telephone number of person or persons who will
have the responsibility for the placement~ servicinq, and removal of the
temporary solid waste collection bin(s), as described above.
b. Applications shall be accompanied bv a permit fee as set bv resolution of the City
Council. Encroachment permits shall be issued for a time certain. and are
revocable at any time bv the Citv~ if the holder of the encroachment permit
violates City ordinances or State law1 any term of the permit or if the
encroachment is deemed to constitute a traffic hazard or public nuisance. A
holder of an encroachment permit shall promptly remove or cause the removal of
the container(s) if the permit is revoked. All decisions of the City reQardinq the
issuance and revocation of encroachment permits are final and are not
appealable.
c. Encroachment permits are not transferable bv assiqnment, sale~ or other means
without the express written permission of the City
Sec. 4315. Miscellaneous Prohibitions.
a. Noise. A Franchisee shall so conduct its operations as to offer the least possible
disruption to the existinQ noise levels of the area within which collections are
made~ but in no event exceed the City's Noise Ordinance.
b. Trespass. No person authorized to collect or transport solid waste or recvclables
shall enter private property beyond the extent necessary to collect the solid
waste or recvclables placed for collection.
c. ScavenQinq. It is unlawful for any person, other than a Franchisee, the City, or
the owner thereof, to remove solid waste, includinQ recvclable solid waste. from
containers placed for collection, including temporary containers.
d. Transfer of Solid Waste on City Streets. Under no circumstances may solid
waste be transferred between vehicles or otherwise in the public riqht-of-wav.
e. Prohibited Disposal Methods.
1. BurninQ. It shall be unlawful at anytime for any person, includinq
Franchisees, to burn any solid waste or recvclables within the City.
2. Illegal Dumping. It shall be unlawful for any person, includinq
Franchisees, to cast. place, sweep. deposit, or dump solid waste upon any
private or public property in the City. except as provided for in this Code.
It is unlawful for any person to place, deposit or dump hazardous waste.
11
No pen~on, for tho purpose of avoiding payment to any Contractor for colloction and
disposal of any solid 'llaste material, or for the purpose of e'/ading any limitation on any
collection service 38 imposed by this chapter, shaH place or cause to be placed any
solid \v~lt'3ste m3teri31 \v~./ith th3t of 3ny other househo!d or other premises.
(Ord. No. 540; Ord. No. 1014,1 3. Unauthorized Disposal. No
unauthorized person shall cause the placement of solid waste, originating
from other premises~ within a waste container desiqnated to serve the
premises for which the container has been assiqned.~
f. Sanitary Transportation of Solid Waste. No person shall conveyor transport solid
waste upon or alona any public street in the City unless such solid waste is
contained and/or covered or otherwise secured to prevent it from leakinq~ drippinq.
fallinq, blowinQ~ or scatterinq from the vehicle in which it is beinq conveyed or
transported. All vehicles and equipment used in the transport of any form of solid
waste shall be kept clean. No person shall drain the liquid from any such vehicle
upon any road or hiqhway or upon any other land in the City. Persons haulinq solid
waste on City streets shall completelv empty the solid wastes from their vehicles
and/or containers at the disposal site. or re-cover them if they are not completely
emptied~ in order to prevent the scatterinq of residue on the return trip.
Q. Hazardous Solid Waste.
1. Disposition. Generators, owners. and/or possessors of hazardous solid
waste shall dispose of all hazardous solid waste that they Qenerate. own. or
possess in accordance with all local, State and Federal laws.
a \^iaste Disposal and Dh/ersion Reporting Requirement
1. fJI construction, demolition, and reno\/3tion projects the total costs of \~./hich 3re, or
are projected to be, fifty thousand dollars ($50,000.00) or greater, as determined by
the Building OfficiClI, sh311 be required to divert at least fifty (50) percent of 311 project
related C&D Debris. /\11 project permittees sh3U, upon project completion, pro\'ide to
the Building Offici31 311 project rel3ted C&D debris collection, dispOS31 3nd diversion
information in the form prescribed by the Building Official.
2. The follo\\/ing projects are exempted from the requiromcnt~ of this Section:
3) \^lork for \i~iflhich 3 building or demolition permit is not required.
b) V'Jork for vv'hich only a plumbing, electrical, or mech3nical permit is required.
c) Seismic tie dovvn projects.
12
d) Installation of pre fabricated patio enclosures and covers Ylhere no foundation or
other structur31 building modific3tions are required.
e) Installation of pre fabricated accessories such 3S signs or antennas 'Iv'here no
. .
b Compliance as a Condition of Approval
Compliance \vith the pro\/isions of this Section shan be listed as a condition of approval
on all discretionary resolutions of approval for development projects, and building or
demolition permits.
C J\pplication Fee and Security Deposit
City Council sufficient to cover the City's costs of revie'l.'ing 3n application 3nd
monitoring compliance \AJith thic Section 3nd/or the \,^!~vqp, or re\f/ie\.~.'ing 3n applic3tion for
exemption. In addition to the 3pplic3tion fee, e3ch applicant for major projects shall
deposit \,~,ith the City cash as security for performance, in the amount of fifty dollars
. 9 V .
conctruction, reno'/3tion, or demolition permit The completed \.^.IMP sh311 indic3te all
of the follo'l:ing:
gener3ted.
b) The maximum volume or \AJeight of C&D Debris that C3n fe3sibly be di'v'erted from
13ndfills via reuse or recycling.
c) The estimated volume or \,,\'eight of each C&D Debris type that '"viII be landfilled.
d) The vendor(s) th3t the Applic3nt proposes to uce to collect the material, and the
vendor's statement certific3te or gU3r3ntee of the estim3ted volume and the
manner in '"vhich the vendor 'l/ill di'lert the C&D debris.
f) 1\ v31id city businoss license for all proposed vendors or contractors doing
bucinecs \Av'ithin the City.
2. ReQulation. The County Health Official and the City may promulqate
requlations reqardinQ the handlinq\ transportation, and/or disposal of
hazardous solid waste within the City. Calculating \/olume 3nd \veight of C&D
debris. In estim3ting the \Jolume or "'eight of m3teri31s identified in the \,^lMP,
. . .
3. Collection. It is unlawful for City Franchisees to perform solid waste handlinq
services for hazardous solid waste, unless they are properly permitted and
meet all locaL ate and Federal requlations reQardinq the handlinq of such
materialsDeconstruction. In preparing the \\/~JlP, 3pplic3ntc for projects
in\lolving the remo'v'al of 311 or p3rt of 3n existing structure ch311 consider
generated there by available for salvage rather than being landfilled.
13
4, Placement in containers for collection. It is unlawful for any person to place
hazardous solid waste in containers for regular collection by a Franchisee or
at a desi nated ree 'n collection location.
PART 2-S0LID WASTE FRANCHISES
Sec. 4320. Authorization to Issue Franchises for Solid Waste HandUnQ Services;
a. At the General Municipal Elections in November 2006~ the voters approved
Initiative Ordinance No. 2006-01, which authorizes the City Council to issue
competitivelv bid contracts as follows: "The Council may enter into contracts for
the collection and disposal of solid waste materiaL and may establish such rules
for re ulation thereof as it ma from time to time deem best and necessar .
The terms, as set forth in Part 4 [now this Part 21. shall be the minimum terms of
any contract approved by the City Council. At least every ten (10) years City
contracts for the collection and disposal of solid waste and for the collection of
rec clab material shall be com etitivel bid accordin to rules and re ulations
adopted by the City Council and desiqned to secure the best level of services at
the lowest price practicable. This requirement shall apply upon the termination of
each City contract for the collection and disposal of solid waste material that is in
effect as of the effective date of this Section. The City Council in its sole
discretion may extend any contract or franchise in existence on the effective date
of this Section for a period of up to three years. to accommodate the completion
and implementation the competitive process required in this Section and/or to
ensure a seamless transition between providers as may be necessary or
desirable, subiect to such conditions as the City Council determines are
reason e or appropriate."
b. Each Franchisee providinq services within the City shall obtain and maintain all
appropriate licenses and all forms of authorization, permit, franchise, or contract
as may be required by the City Council. Each Franchisee shall complv with all
applicable federaL state. and local laws. reQulations, and requirements Qovernino
solid waste.
c. No person shall construct or operate a solid waste manaqement enterprise or
facility includinQ. but not limited to. a material recovery facilitv, landfill.
compostinq facilitv, or buy-back recvclino center, or collect any form of solid
waste in the City, without first satisfvinQ all applicable City requirements for land
use approval, franchises, permits, and any other approvals required under any
local, state or federal law.
Sec. 4321. Franchise Required Prior to Container Delivery.
No person may deliver a roll-off box, bin, or other solid waste container within the City,
or collect solid waste from a customer within the City, prior to City approval and
issuance of that person's franchise or contract for solid waste services, unless
otherwise exempted under this Chapter. Green waste and recyclables are included in
the definition of solid waste and collectors of such materials. not otherwise exempted
14
pursuant to this Chapter. must obtain a franchise or contract. The use of compactors for
solid waste collection requires the express written approval of the Public Works
Director.
Sec. 4322.. Franchise A reement- Relation to Code..
The franchise aQreement will qovern requirements placed on the franchisee(s) for
services covered under the franchise. Where the franchise aqreement is silent the
applicable re.quirements of this Chapter will apply. To provide services not covered
under the franchise. the franchisee must obtain a permit and meet all requirements of
this Chapter.
Sec. 4323.. Collection bv Persons Other Than City Franchisee..
a. Except for Franchisee(s) and except for any person described in subsections b.
c, d~ e, f, Q~ hand i of this Section, it is unlawful for any person to enQaQe in solid
waste handlinQ services within the City, and all persons currentlv enQaQinq in
solid waste handlinq services within the City shall cease such operations
immediatelv upon receivinq written notice from the City.
b. Actual Solid Waste Generators. The actual producers of solid waste and the
owners of property upon which solid waste has accumulated may personally
enqaqe in solid waste handlinq services. but only as to the solid waste which
they have actuallv produced or which has accumulated on their own propertv~
and provided that they complv with the provisions of this Chapter and with any
other Qoverninq laws. Except in accordance with Subsection c and Subsection d
below1 actual producers and property owners shall not allow any other person.
except the City's Franchisees. to perform solid waste handlinq services for the
solid waste which they have produced, which has accumulated on their property.
or which they otherwise own or control.
c. Construction Contractors. The actual producers of C&D debris and the owners
of property upon which C&D debris has accumulated may enqaqe the contractor
who produced all or a part of said C&D debris to perform solid waste handlinq
services for all or part of the C&D debris qenerated during the construction
proiect: provided. that all such contractors comply with the provisions of this
Chapter and with any other qoverninq laws. Said actual producers and property
owners shall not allow any other person, except for the CitvJs Franchisees or the
contractor described in this subsection~ to perform solid waste handlinq services
for the C&D debris which they have produced. which has accumulated on their
property, or which they otherwise own or control.
d. Gardeners and Landscapers. Gardeners or landscapers may transport qreen
waste or solid waste qenerated by their work, onlv if transported bv their own
emplovees in the qardener or landscaper's own vehicles to permitted facilities.
without obtaininq a solid waste collection permit.
e. Cleanup Services. Anv person whose primary business is the cleanup of solid
waste on the property of another and who, incidental to such business.
15
(1) Hauls only the solid waste which he cleans up and no other solid waste,
(2) Performs cleanup services such as removinQ junk from businesses.
qaraqes, and residential properties, but does not remove solid waste from
construction and demolition sitesl
(3) Uses his/her own vehicle to haul the solid waste which he cleans up, and
(4) Does not use a bin. roll-off box or other container, whether or not such bin,
roll-off box. or container is left at the cleanup site. to accomplish the
cleanup~ collection. or transportation of the solid waste. may transport
solid waste in accordance with this subsection without a permit or
franchise.
f. Non-Profit Charities. Non-profit orqanizations or charities periodically acceptinQ
donations of recvclables may transport the recyclables. provided that the
orqanization transport the recyclables to a recyclinq facility and that organization
volunteers and emplovees complv with the provisions of this Chapter and with
any other qoverninq laws.
g. Transport Only. Any person may haul solid waste qenerated and collected in
other iurisdictions over City streets provided they comply with the provisions of
this Chapter and with any other Q'overninq laws. and provided further that they do
not enQaQe in any solid wastehandlinq services within the City.
h. Emergencies. In the event of an emergency, includinQ. but not limited t01 the
breakdown of equipment or other unforeseen or unpreventable circumstances, or
where in the iudQment of the City the particular situation iustifies such action, the
City may issue limited or temporary contracts to any person to perform solid
waste handlinq services. subiect to reasonable fees. charqes and conditions as
the circumstances may warrant and as the parties involved may aqree upon:
provided that such fees and charges received from or paid to any person under
this subsection for any period exceedinq fifteen (15) days in duration shall be
approved bv the City Council.
I. Recvclers. Persons purchasinq or acceptinq donations of recyclables shall not
be required to obtain a franchise.
PART 3-R,ATES AND FEES
Sec. 4330. Rates.
Rates charqed bv franchisee(s) shall be as set forth In the schedule of rates and
charqes approved bv the City.
Sec~ e Revie\y~' of'l'J3ste Management Plans
~. l\pprovaL Not\tvithstanding any other provision of this Code, no building or demolition
permit shall be issued unless and until the Building Official has approved the \^lMP.
16
,
b) The WMP indicatec that at least 50% of all C&D Debric generated will be
diverted.
If the Building Official determines that these conditions have been met, he/she shall
mark the \f\!MP "/\pprovcd" 3nd return a copy of the WMP to the /\pplicant."
2. Non approval. If the Building Official determines that the WMP is incomplete or fails
to indicate th3t at least fifty (50) percent of all C&D debris generated by the project
\lvill be reused or rec)'cled, he/she shall either:
a) Return the VVMP to the applicant marked "Denied", including a statement of
~ 'Ii ~
building or demolition permit application, 9f
b) Return the WMP to tho applicant markod "Further Information Required" 'Nith an
identificatfon of the missing or required information.
f Compliance v't'ith \^laste Management Plan
1. Documentation. Prior to the completion of 3 project, the I^,.pplicant shall submit to the
Building Official documentation that the Diversion Requirement has been met. This
documentation shall include aU of the follo\lling:
a) Receipts from tho vendor and facility '.'.thich collected and mcoi'Jed each matorial
sho'lJing the 3ctu31 \,/~leight or volume of th3t material.
b) /\ copy of the previously approved V'iMP for the Project adding the actual volume
or \^leight of e3ch m3teri31 di',,'crted and landfilled.
c) Calculations showing multiplication of tho total non source ceparatod tonnage
hauled from the Project.
2. Vveighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D
debris, dhlerted or 13ndfillod, 3re measurod 3nd recorded using the moet 3ccurate
"method of me3surement 3\r'3iJ3ble. To the extent pr3ctrc31, 311 C&D debris sh31l be
weighed. Regarding C&D debris for v.'hich weighing is not practical duo to cmall size
or other considerations, a \/olumetric measurement shall be used. For conversion of
\Iolumetric me3suremcnts to \l}ff1eight, the applicant shall uco thc standardized
Conversion R:.1tes 3ppro\{ed b,' the City for this purpose.
9 Determin3tion of Compliance 3nd Rele388 of Security Deposit
Prior to the issu3nce of :3 certific3te of occup:.nc}' or 3t the completion of the project the
Building Official shall re'lis\\( the information pert3ining to diversion of C&D dobri~
submitted pursuant this Section and shall determine whether the applicant has complied
'"vith the di\'ersion roquirement, 3C follo'lls:
1. Full compliance. If the Building Official determines that the applicant has fully
complied 'Nith the diversion requirement applicable to the project, the Building
Offici31 sh311 cause tho entiro security deposit to bo rofunded to the 3pplicant \\'ithout
interest.
2. Good faith effort to comply. If the Building Official determines that the diversion
requirement h3s not been achieved, the Building Official m3Y determine on a case
by caso basic whothor the applicant has made a good faith effort to comply with the
diversion requirement. In making this determin3tion, the Building Official shall
17
1
Building Official determines th3t the applicant h3S m3de a good faith effort to comply
\,lvith the diversion requirement, the Building Official shall refund the entire security
deposit to the applicant l.vithout interest.
. .
the City's recycling educ3tion efforts.
h Other Provisions for the Refund of a Security Deposit
1. The Buiiding Official ma,' authorize the refund \^/ithout interest of any security deposit
'IJhich was erroneously p3id or collected.
3.
4 # The Building Offici31 shall not authorize the refund of any security deposit~ or any
portion thereof, unless the applicant files a vJritten request for refund and provides
document3tion e3tisfactory to the Building Official in support of the request.
i Exemption from the Fifty Percent Diversion R3te
1. Application. If 3n 3pplicant expericncec unique circumst3ncC5 th3t the /\pplic3nt
belie\'es make it infs3sible to comply '.vith the diversion requirement, the 3pplic3nt
m3Y apply for 3n exemption at the time the 3ppHcation is submitted. The applicant
shall indicate on the application or \,^JMP the maximum rate of di\{ersion believed
fe3sible for 83ch m3teri:l1 and the specific circumstances th3t m3ke it infe3sible to
comply ~\'ith the di\v/ersion requirement.
2. Meeting 'J,dth Building Offici31. The Building Offici31 shall re\lie'll the information
supplied by the applicant and may meet v/ith the applicant to discuss possible \A./ays
" ". "..
~.
Official shall not issue a permit.
18
Director or designee 'Jlithin ten (10) calendar days of the date of the decision being
appealed. The notice of appeal shall set forth in concise language the p3rticular
decision or decisions comp!3ined of 3nd the r03sons ~'Vhy the person feels 3ggrieved.
1Il ~ ill "!II W ~
be final; other\^Jise, the decision of the Public \^lorks Director or decignce shall be final.
k Penalties
1. \'ioI3tion of any provision of this Section may be enforced by civil action including an
action for injunctive relief. The City Council hereby finds that violation of this Section
;0 . lII! . l'I '7
recover its 3ttorneys' feet: 3nd costs from 3 person 'I,/ho is determined by 3 court of
competent jurisdiction by 3 preponderance of the e\/idence to h3ve violated this
Section.
J
(Ord. No. 1281, Sec. 3, 10 20 03; Ord. No. 1293, Sees. 3 8,2 7 05)
19
PART 3 SOLID \^.'I^~STE RESPONSIBiliTIES COLLECTOR
4331. Solid Waste Fees -- General.
In accordance with Division 30, Part 1, Chapter 1 of the Public Resources Code.
Sections 40000 et seq.. and other applicable laws, the City may levv fees within the City
for solid waste purposes~ including but not limited to. implementation of an integrated
Waste Reduction and Recycling Plan: inspection. auditing. review and planning for solid
waste or household hazardous waste collection~ transfer and disposal: planninQ related
to responses to solid or hazardous waste releases and spHls:and franchise fees as
permitted by law. Such fees may include~ but are not limited to, fees for the costs of
preparinq and implementinq source reduction and recvclinq elements, household
hazardous waste elements, non-disposal facilitv elements and inteqrated Waste
Reduction and RecyclinQ Plans, and fees for the use and maintenance of public streets,
highways. public rights-of-way~ and other public property.
PART 4-FRANCHISEE OPERATIONS
Sec. 4340. Office for Inquiries and Complaints.
a. Franchisees shall maintain an office at a fixed place and shall maintain a
telephone at the office listed in the current telephone directory in the name under
which it conducts business in the Citv~ and all at all times between the hours of
8:00 a.m. and 5:00 p.m. weekdays a etween 8:00 a.m. and 12:00 p.m. on
Saturdays, have an emplovee or aqent at the office to receive service request
complaints and inquiries. Each. office shall be staffed with a knowledqeable
person, trained to respond to customer questions and complaints. An
emerqency telephone shall be provided to the City for use outside normal
business hours.
b. The protection of the public health. safety. and welfare require that service
complaints be acted on promptlv and that a record be maintained in order to
permit the City and its Franchisees to identify potential public health and safety
problems. DurinQ office hours, Franchisees shall record all complaints, includinq
the date, time. complainant's name and address if the complainant is willinq to
give this information. and date. and manner of resolution of the complaint. This
information shall be maintained for the term of the franchise aQreement, or lonqer
if indicated in the franc .se aqreement. The record of service complaints shall be
made available for review bv representatives of the City durinq the Franchisee's
office hours.
Sec. 4341. Hazardous Waste Inspection and Reportin~.
a. Franchisees shall inspect solid waste placed for collection in their respective bins
and containers, and shall rei for collection solid waste observed to be
contaminated with hazardous waste. Franchisees, as applicable. shall promptly
n the Cit and all a encies with 'urisdiction, if a ra riate. includin the
California Department of Toxic Substances ControL local emerqencv response
20
providers and the National Response Center of reportable quantities of
hazardous waste found or observed in solid waste anywhere within the City. In
addition to other required notifications. if a franchisee observes any substances
which it or its emplovees reasonablv believe or suspect to contain hazardous
waste unla ull dis osed of or released on an Cit ro ert includin storm
drains~ str s or other public rights-of-way. the franchisee, as applicable, shall
immediately notify the Public Works Director or his or her desionee.
b. Franchisees shall each maintain records showinq the types and quantities. if any.
of hazardous waste found in solid waste and which was inadvertently collected
from service recipients within the City, but diverted from landfillino.
Sec. 4342* Em 10 ees and Vehicles*
a. Employees. All field emplovees of a franchisee shall wear nametags to enable
identification while providinq public service.
b. Franchisees' Vehicles.
1. Vehicle Standards. To protect public health, safety and welfare. any truck
used for the collection or transportation of solid waste within the City shall
be leak-proof and equipped with a close-fittinq cover that shall be affixed
in a manner that will prevent spillinq, droppino or blowino of any waste. oil.
grease or other substance upon the public riQht-of-wav durinq collection or
transportation. No person shall park, or cause to be parked within the City
any vehicle containinq solid waste unless the vehicle is free from odor and
in a sanitary condition. Franchisees shall complv with all requlations
promulQated bv all aQencies with iurisdiction over the safe. sanitary
operation of all of their equipment.
2. Displavs. Vehicles shall displav the name of the franchisee in prominent
letters so that the vehicle may be easilv identified as belonqinQ to that
franchisee. If a franchisee uses a vehicle displayinQ the name of an
affiliated company, the affiliated company's name must be indicated on
the franchise~ or be approved in advance in writinQ bv the Public Works
Director or desiqnee. Improperlv identified vehicles may be treated as
belonQinq to non-permitted haulers.
3. Noise Levels. To protect the public health, safety and Quiet eniovment of
the residents of the City. the noise level for the collection vehicles durinq
the stationary compaction process shall not exceed seventy-five (75)
decibels (dB) at a distance of twenty-five (25) feet from the collection
vehicle and at an elevation of five (5) feet from the horizontal base place
of such vehicles. A Franchisee shall submit to City. upon City's request, a
certificate of vehicle noise level testinq bv an independent testinq entity of
a representative sample of all vehicles.
4. Damaqe to Streets. Franchisees shall not damaqe public or private
streets over which their respective collection equipment may be operated
21
and shall obtain all required approvals for operation of its respective
collection vehicles on private streets.
Sec. 4343. Franchisees'a Food V'Jaste
No person shall remove or convey any food vvaste upon or 310ng 3ny public street,
alley, highvlay or other public place except in water tight containers. Every such
container shall, v\t'hilc the same contain food V\l8ste, be securely and tightly covered and
closed in such 3 m3nner 3S to pre':ent the contents thereof, or any odor thereof from
escaping. Every such container 8h311 be thoroughly cleansed d3ily, and disinfected at
least once during each\~v'eek. E\lery vehicle carrying any such container shall be so
loadedand driven that none of the contents thereof shall fall or escape therefrom.
b All \J\laste
c Title to \/Vaste
Title to all v./aste shall be vested in the Contractor upon being pl3ced in his
veh icle.
d Disposal
/\11 solid 'llaste for disposal shall be hauled to site or facility legally empO'tlered by the
County of Orange to 3ccept it for treatment or disposal. (Ord. f'Jo. 510)
The City shall pro\/ide for the collection and disposal of solid \vaste material from all
premises at least once each c31end3r \veek. Such provision may be m3de either by
letting 3 contr3ct for such collection 3nd removal, or otherv.'ise. The City, its duly
authorized 3gents, serv3nts, and employees, or any Contractor \h'ith whom the City may
contract therefor, and the agents, servants and employees of such Contractor, \t'v'hile
any such contract sh311 be in force, sh311 h3'lc the exclusive right to gather, collect, and
remove solid \AJ3ste materi31 from 311 premises in the City (excluding State 3nd Feder31
f3 eil ities ).
f'Jo person other th3n those 3bove specified shall g3ther, coUect or remove any solid
III oil: " oil!
,
such receptacle, or remo\/o any such receptacle from any location \^Jhere the S3me is
pl3ced by the O\r~.'ner or oCcup3nt thereof, or remove the contents of 3ny such
recept3cle; provided, hO\l.'e'.'er, that nothing in this code shall be deemed to prohibit the
occupantof any dvvelling, himself, or a member of his family, from remo\/ing from the
premises any he3vy or bulky objects or debris as pro'/ided for in Section '1324." (Ord.
f'Jo.1011, Sec. 10, 1389)
The Council may enter into contracts for the collection and disposal of solid vvaste
m3tori:Jr, 3nd m~y est3blich cuch ru!oc for tho rcgul:Jtion thereof 35 it m~y from time to
22
Contracts Code Section 20162 at seq. according to rules and regulations adopted by
the Cit)' Council 3nd designed to cecure the best level of services 3t the IO\\t\'8st price
practicable. This requirement shall apply upon the termination of each City contr3ct for
the collection and disposal of solid \\'aste material that is in effect as of the effective date
of this Ordinance No, 1130 Soction, The City Council in its sole discretion may extend
. :. c 11::10 IIC II
up to three years, to accommodate the completion and implementation of the
competitive process required in this Section and/or to ensure a seamless transition
bet'licen providers 3S may be neccss3l)' or desirable, subject to such conditions as the
City Council determinos are re3Bon3ble or 3ppropriate
4334 COLLECTION SCHEDULE
,
delivery not less than hvo (2) \^v~ecks prior to the change, (Ord. No. 540)
4335 HOURS OF BUSINESS
l\dministr3tor pro\'ided that the 3r03 ser\/ed and the method of collection used 'i~Jill not
disturb residenti3l units in the, 3re3. The Cit,' Council may approve 3 \\'3i'Jer or
modification of the collection hours if the Contr3ctor can demonstrate ability or improved
methods so 35 to oper3to :It a subst3ntkllly reduced noise le\lel \'~/hich '.vill not disturb
c. . lie ~ ~
long 3S the Contractor can m3intain 5uch :3 st3nd3rd of reduced noise pollution.
(Ord.No. 570)
Each Contractor shall 50 conduct his operations 3S to offer the least possible
obstruction and inCOn\lenience to public traffic or disruption to the peace or quiet of the
area 'IIithin 'llhich collections 3re effected,
a Complaints
23
complaint is received on the day preceding a holiday or on a Saturday, it shall be
serif/iced on the next v.'orking d3Y,
b Notification of Customers
complaint procedures, rates, regulations, and day(s) of collection.
c Discontinued Service on Delinquent l\ccounts
The Contractor shall discontinue collection service at any location 3S set forth in a
vvritten notice sent to him by the City. Upon further notification by the City, the
. .
fees, the Contractor shall resume collection on the next regularly scheduled collection
~
an emergency \/ehicle to take care of any complaints or emergencies which require
immediate 3ttention.
c Refus::l1 to Collect
'l"hen sufficient reason exists therefore and any garbage, rubbish or v/aste materia! is
not collected by the Contr3ctor, he may furnish 3t his OVlP'n expense, a tag at least t'NO
and ~even eighths inches by fi\v'e and three fourths inches (2 7/8" y 5 ~~") in ~ize, on
't\'hich is stated the reason for the refusal to collect, leaving such tag on the premises or
affixed to the receptacle, or he may make personal contact \l~/ith the customer and make
a mutual arrangement for the collection.
f Leaving Containers:.
a. Each Franchisee shall maintain its containers within the City in a manner to
protect public health and safety and prevent the spread of vectors.
b. All bins shall be steam-cleaned or replaced at least once per year bv the
Franchisee servicinq bin.
c. Each Franchisee shall remove from its solid waste containers (includinq carts.
bins and roll- boxes an exterior aint or markin s commonl referred to as
"graffiti" or "taggingn within twenty-four hours of either notification by City or
customer or the Franchisee's last servicing of the container. whichever is sooner.
24
d. The City has the authority to require a Franchisee to replace promptly any
container which. in the City's reasonable discretion, is not in a clean. painted, or
serviceable cond ition.
e. Each Franchisee shall post each container with a notice that the container is not
to be used for the disposal of hazardous waste.
f. All containers in City, excludinq franchisee's residential carts, must carry a label
identi' the Franchisee that owns or collects from the container and that
Franchisee's phone number. Letters must be at least 3 inches hioh.
Q. All recvclinq and Qreen waste containers must carry labels, in both Enqlish and
S anish, identif in which materials are to be laced in each container.
Franchisees are responsible for designino and producinq such labels and
replacinq labels when they become worn.
h. The use of compaction containers by the Franchisee for waste collection shall be
approved in advance bv the Public Works Director.
Sec. 4344. Diversion Reauirements..
Franchisees must divert a minimum of 500/0 of the solid waste collected within the City
each calendar ear. To count as waste diversion for the u se of this Cha ter each
Franchisee must provide documentation of deliverv to a recyclinq facilitv and
docum ion as to the uantit of the delivered waste that was diverted and the
quantitvof e delivered waste that was landfilled.
PART 5-C&D DEBRIS DIVERSION
Sec. 4350.. Declaration of purpose.
The purpose of this Part is to promote the recvclina of C&D debris to protect the public
health~ safety~ and welfare and to meet the City's obliqations under AS 939.
Sec. 4 1 * Waste Disposal and Diversion Requirements for Construction,
Demolition9 and Renovation Proiects within the City-
a. Waste Disposal and Diversion Reportinq Requirement
1. Covered Proiects. All construction and renovation proiects the total costs
of which are. or are proiected to be, fifty thousand dollars ($50,000.00) or
qreateL as determi bv the Public Works Director. shall be required to
divert at least tift ercent 0 of all ro"ect-related C&D debris.
Demolition proiects~ as determined bv the Public Works Di.rector, shall be
required to divert at least fifty percent (500/0) of all proiect-related C&D
debris. All proiect contractors shalL upon proiect completion, provide to
the Public Works Director all proiect related C&D debris collection,
25
disposal and diversion information in the forf!1 prescribed bv the Public
Works Directof.
2. The followinq proiects are exempted from the requirements of this Section:
(a) Work for which a buildinq or demolition permit is not required.
(b) Work for which onlv a plumbinq, electrical, or mechanical permit is
req u ired.
c Seismic tie-down ro'ects.
(d) Installation of pre-fabricated patio enclosures and covers where no
foundation or other structural buildinq modifications are required.
(e) Installation of pre-fabricated accessories such as siqns Of antennas
where no structural buildinQ modifications are required.
b. Compliance as a Condition of pprovaL Compliance with the provisions of this
Part shall be listed as a condition of approval on all discretionary resolutions of
approval for development proiects~ and buildinq or demolition permits.
c. Application Fee. As .part of any application for. and prior to the issuance of~ any
buildinQ or demolition permit that involves the creation of C&D debris. each
applicant for covered proiects shall pay to the City an application fee in the
amount set forth in a Resolution of the City Council sufficient to cover the City's
costs of reviewinq an application and monitorinQ compliance with this Section
and/or the WRRP~ or reviewing an application for exemption.
d. Security Deposit. In addition to the application fee. each applicant shall deposit
with the Cit a securit de osit as secur" for erformance in the amount as
determined b e Public Works Director but not more than five ercent 50/0 of the
proiect's valuation as determined by the Buildinq Official. The security deposit is
remitted at the same time the permit application is filed. The security deposit may be
in the form of cash~ cashier's check, personal check, or money order. In addition, the
Public Works Director may accept a certificate of deposit or letter of credit in the form
approved bv the j\1I containers shall be replaced in an upright position \~vhere found but
not in the road'vvay or on the side'v\'alk or on adjoining property.
gLittering
The Contr3ctor shall not litter premises in the process of m3king collections, but he
., 'II' .. W
or in :3 m3nner herein pro~Jided.
h Pertormance
,
and this ch3pter. (Ord. ~Jo. 540)
4337 CONTRJ',CTOR PERSONNEL
information regarding experience shall also be furnished.
26
(2) The City has the right to require that the Contractor's collection employees vvear a
cle3n uniform be3ring the comp3n~l's name.
(3) Each employee shall, at all times} carry 3 valid operator's license for the type of
vehicle he is driving.
(~) The City may request the dismissal of any employee of the Contractor 'tlho violates
3ny provision hereof, or '.~/ho is 'v^J3nton, negligent, or discourteous in the
performance of his duties.
(5) The Contractor shall pro\/ide operating and safety training for all personnel. /\t least
one employee of each collection cre\\,l should be trained in first aid if possible but
e3ch vehicle sh311 be equipped "lith 3 first aid kit
,
3pp!y). The vV3ges for each employee classification shall be pro\iided to the City in
3n 3tt3chrilent to the bid document.
(7) No person shall be denied employment by the Contr3ctor for reasons of race, creed,
or religion.
(8) Employees of the Contr3ctor sh31l have the right to org3nize 3nd affiliate '.\'ith
recognized 13bor unions 3nd to eng3ge in coJlecti\'e b3rg3ining negoti3tions. (Ord.
No. 540)
a Maintenance and Identification
minimum letter of 3 inches.
b Obsolescence and Inspection
The Contractor shall not use any equipment in the performance of a contract '/t'ith the
City v/hich is older than 5 ye3rs in 3ge unless by express 3ppro\,'al of the City Council.
/\11 equipment Sh311 be subject to inspection by the City and upon notice given by the
City} the Contractor Sh3U make the equipment aV3i1able for inspection.
C Equipment
/\11 truck bodies uced by the Contr3ctor shall be constructed of met3!. E3ch piece of
equipment sh311 c3rry 3t 311 times 3 broom and sho\/el to be used for the immedi3te
remo'lal of any spiUed material. (Ord. No. 5~O)
27
PART 4 COLLECTOR CONTRACTS
~ ~ ~,
rules and regulations of the 8t3te, County, this City, and 311 governing bodies h3ving
juricdiction, 3pplying to \~JOrk dona or to bo done undor the contr3ct. Tho Contr3ctor
must conform to and abide by all State 3nd IOC3113\~JS, rules and regulations pertaining
to the conduct of the operations.
The contract, all terms, provisions and specifications thereof, 3nd all duties and
oblig3tions imposed thereunder upon Contractor, his 3gents, employees, or 3ssigns
shall be subject to and conditioned on the provisions of this ch3ptor 3nd 311 other
3pplicable provisions of this Codo, as from time to time 3mondod. (Ord. No. 510)
4342 INSUR.^~NCE REQUIRED
a City Held H3rmless
The Contractor 'A/ill indemnify, salle harmless, and exempt the City, its officers,
agents, cerv3nts, and employeoc from 3nd ag3inst 3ny 3nd 311 cuits, actionc, legal
proceedinge, c13ims, dem3nde, d3m3goe, coste, oxpensee, and 3ttornoy'c foes incidont
to any work dona in the performance of this 3greoment. The City resorvosthe right to
retain counsel of its choice, or~ in the alternati\/e, approve counsel obtained by the
Contractor.
b \,^lorkmen~s Compensation Insurance
The Contr3ctor at all times sh311 keep fully insured, 3t his O'l.'n expense, 311 persons
employed by him in connection with the contr3ct, a8 required by the Workmen's
Compons3tion Insuranco and S3foty Act of the State, and sh311 hold tho City froo 3nd
h3rmless from 3111i3bilities th3t m3Y 3rise by re3son of injuries to 3ny employees of the
Contractor \~vlho 3re injured '/v/hile performing 3ny \\'ork or labor necessary to carry out
the provisions of the contr:3ct. The Contractor sh31l, during the life of the contr:3ct,keep
filed vvith the City Clerk cvidencc th3t the Contractor is fully and properly insured as
required by said /\ct.
c Public Liability
The Contractor shall at all times maintain in force public liability insurance for the
1II 'lO . .
, ,
3ccident or occurrence, 3nd up to $25,000 for d3mage to or destruction of property.
Such polic}1 Sh31l gU3r3ntee p3yment of 3n)1 fin31 judgment rendered 3g3inst the
Contr3ctor of the City, \v~Jithin the CQ\ler3ge provided, irrespective of the financial
condition of or of any acts or omissions of such Contractor. The Contractor shall, during
the life of the contr3ct, keep on file \v^/ith the City Clerk evidence that the Contractor and
the City 3re properly insured 38 required by this Section. Such policy Sh311 further
~rovide th:3t the insur3nco cover:3ge thereby :3fforded sh:3ll not be terminated or
cancelled except upon 30 days v!ritten notice to the City.
28
d /\pproval of City Attorney~
Sec. 4352. Waste Reduction and Recvclinq Plans (WRRP).
a. WRRP Forms. All a icants shall com lete and submit a WRRP on a form
prescribed bv the Public Works Director for this purpose. as part of the
application packet for the construction~ renovation~ or demolition permit.
b. Compliance with Waste Manaqement Plan.
1. Documentation. Prior to the completion of a proiect the applicant shall
submit to the Public Works Director documentation that the Diversion
Requirement has been met. This documentation shall include all of the
following:
(a) Receipts from the vendor and facilitv which collected and received
each material showinq the actual weiQht or volume of that material.
(b) A COpy of the previously approved WRRP for the Proiect addinq the
actual volume or weiQht of each material diverted and landfilled.
(c) Calculations showina multiplication of the total non-source
separated tonnaqe hauled from the Project.
2. WeiQhinQ of Wastes. Applicants shall make reasonable efforts to ensure
that all C&D debris, diverted or landfilled. are measured and recorded
usino the most accurate method of measurement available. To the extent
practical. all C&D debris shall be weiahed. Regarding C&D debris for
which weiQhinq is not practical due to small size.or other considerations, a
volumetric measurement shall be used. For conversion of volumetric
measurements to weiqht the applicant shall use the standardized
Conversion Rates approved bv the City for this purpose.
3. Determination of Compliance and Release of Security Deposit. Prior to
the issuance of a certificate of occupancy or at the completion of the
proiect. the Public Works Director shall review the information pertaininq
to diversion of C&D debris submitted pursuant this Section and shall
determine. whether the. applicant has complied with the diversion
requirement as follows:
(8) Full compliance. If the Public Works Director determines that the
applicant has fullv. complied with the diversion requirement
applicable to the proiect. the Public Works Director shall cause the
entire security deposit to be refunded to the applicant without
interest.
(b) Good faith effort to comply. If the PubliC Works Director determines
that the diversion requirement has not been achieved. he or she
shall determine on a case-by-case basis whether the applicant has
made a qood faith effort to comply with this Part. .In makinQ this
determination. the Public Works Director shall consider the
availability of markets for the C&D debris land filled. the size of the
proiect. and the documented e rts of the applicant to divert C&D
debris. The Public Works Director may authorize a partial refund of
a security deposit hout interest when less than the minimum
diversion requirement is met. The partial refund shall not exceed
29
that portion of the security deposit that is in the same ratio as the
demonstrated amount of diverted waste.
(c) Noncompliance. If the Public Works Director determines that the
a licant has not made a od faith effort to com I with the
diversion requirement, then the Public Works Director shall notify
the applicant in writinq and all or a portion of the security deposit
shall be forfeited to the City and shall not be refunded. Forfeited
funds shall be used towards the City's recycling efforts pursuant to
subsection c below.
4. Other Provisions for the Refund of a Security Deposit
(a) The Public Works Director may authorize the refund without interest
of any security deposit which was erroneouslv paid or collected.
(b) The Public Works Director may authorize the refund without interest
of any security deposit when the permit application is withdrawn or
cancelled before any work has beQun.
(c) The Public Works Director shall not authorize the refund of any
security deposit or any portion thereof, unless the applicant files a
written request for refund and provides documentation satisfactory
to the Public Works Director in support of the request.
c. Forfeiture and Ci Use of Securit De osi1.
1. If the Public Works Director determines that the applicant has not made a
Qood faith effort to comply with this Part. or if the applicant fails to submit
the documentation required bv subsection e prior to the expiration of the
buildinq or demolition permit then the deposit is forfeited to the City.
2. Forfeited security deposits may be used bv the City for solid waste and
recvclinq related purposesl includinq but not limited to:
(a) Plan, implement, or promote solid waste diversion proqrams.
(b) Develop or improve the infrastructure needed to divert waste from
landfilling.
(c) Educate qenerators and handlers of solid waste in the City
reqardinq solid waste recvclinq and disposal alternatives.
(d) Review. accuracy of Franchisee's reports. Waste Reduction and
Recvclinq Plans and other solid waste records.
Sec. 4353. Exemption from the Fiftv Percent Diversion Rate.
a. Application. If an applicant experiences unique circumstances that the applicant
believes make it infeasible to comply with the diversion requirement. the
applicant may applv for an exemption at the time the application is submitted.
The applicant shall indicate on the application or WRRP the maximum rate of
30
diversion believed feasible for each material and the specific circumstances that
make it infeasib to comply with the diversion requirement.
b. Meetinq with Public Works Director. The Public Works Director shall review the
information supplied by the applicant and may rneet with the applicant to discuss
possible ways of meetinq the diversion requirement. Based on the information
supplied bv the applicant the Public Works Director shall determine whether it is
possi e for the applicant to meet the diversion requirement.
c. Grantinq of exemption. If the Public Works Director determines that it is
infeasible for the applicant to meet the fifty percent diversion requirement due to
unique circumstances. the Public Works Director shall determine the maximum
feasible diversion rate for each material and shall indicate this rate on the permit
or WRRP submitted bv the applicant. The Public Works Director shall issue a
permit or return a copy of the VYRRP to the applicant marked "Approved for
Exem ption. U
d. Denial of exemption. If the Public Works Director determines that it is possible
for the applicant to meet the 'version requirement. the Official shall so inform the
applicant in writinQ. The applicant shall resubmit an application or WRRP in full
compliance with the diversion requirement. If the applicant fails to resubmit the
application or WRRP. or if the resubmitted application or WRRP does not comply
with the diversion requirement the Public orks Director shall deny the
application or WRRP and the Buildinq Official shall not issue a permit.
Sec. 4354. Appeal.
Upon payment of an appeal fee set forth in a resolution of the City CounciL the applicant
may appeal to the City Manaqer, a decision of the Public Works Director to deny an
exemption or withhold any portion of a security deposit. Notice of appeal of the decision
of the Public orks Director must be filed with the Public Works Director within ten 10
calendar days of the date of the decision being appealed. The notice of appeal shall set
forth in concise lanquaqe the particular decision or decisions complained of and the
reasons why the person feels aQQrieved. Failure to file a notice of appeal within the time
prescribed herein shall constitute a waiver of any obiection to the decision(s) of the
Public Works Director and such decision shall be final: otherwise, the decision of the
City Manaqer shall be final.
Sec. 4355. Certified Recvclina Facilities.
a. The City may. but is not required to. approve certified recvclinq facilities. If such
facilities were approved. applicants would have the option to demonstrate that
"they will meet the 500/0 diversion requirement in their WRRP required under this
Part bv takinq all material qenerated the construction, remodelinq, or
demolition site to a City Certified Recvclinq Facilitv.
b. For the purposes of this Part, a certified recycling facility means a recycling,
compostinq. materials recovery. or re-use facilitv for which the Public Works
Director has issued a certification pursuant to requlations promulqated bv the
Public Works Director.
31
c. The Public Works Director shall approve use of the facilities onlv if the owner or
operator of the facility has submitted or submits documentation satisfactory to the
Public orks Director:
1 , That the facilitv has obtained all applicable federaL state. and local
germits. and is in full compliance with all applicable regulations: and
2. The percentaqe of incominq waste from construction, demolition, and
alteration activities that is diverted from landfill disposal meets a minimum
percentage level determined by the City.
d, The City shall make available to each applicant an approved list of certified
recvclinQ facilities, if such facilities become approved.
Sec. 4356~ C&D Debris Ordinance Enforcement.
a. Administrative Enforcement. In a,ddition to the penalties provided for in this
Chapter and this Code, if violations of the provisions of this Part exist as to a
covered proiect requirinq completion of a Waste Reduction and Recvclinq Plan~
the City may use various administrative measures to ensure compliance.
Measures available include, but are not limited to:
1. Issuance of a buildinq permit or a certificate of occu~ancy for that proiect
may be withheld until all such violations have been corrected,
2. Issuance of a stop work notice, until all such v-iolations have been
corrected,
3. Stoppinq all inspections on subiect proiect, until all such violations have
been corrected,
4. Other measures recommended bv the City Attorney.
b. Civil Action. Violation of any provision of this Part may be enforced bv civil action
includinq an action for iniunctive relief. The City Council hereby finds that
violation of this Section is a public nuisance. In any civil enforcement action, the
City shall be entitled to recover its attorneys' fees and costs from a person who is
determined bv a court of competent iurisdiction bv a preponderance of the
evidence to have violated this Section.
PART6-ENFORCEMENT
Sec.. 4360.. Enforcement Authoritv~ Impounding of Solid Waste Containers; Civil
Remedies.
a. Authoritv. The Public Works Director shall have the authority to enforce the
rovisions of th Cha teL is authorit shall be in addition to the authorit
granted to police . rs pursuant to the Code.
32
b. Impounding of Containers. If a solid waste container is not properly identified as
belonqinq to a City-approved Franchisee. or if the terms of the permit. the
franchise aqreement. or of this Chapter are not complied with~ then the solid
waste container shall be subiect to removal and impound bv order of the Public
Works . ctor pursuant to Section 4362.
c. Civil Remedies. Nothinq in this Chapter shall be deemed to limit the riqht of a
City Franchisee or the City to brinq a civil action aQainst any person who violates
this Chapter, nor shall a conviction for such violation exempt any person from a
civil action brouqht bv a City franchisee e City.
Sec. 4361. Violations.
a. Except as otherwise provided in this Chapter, violations of this Chapter are
punishable as set forth in Section 1121 of this Code.
b. In addition. in the event any violation of this Chapter constitutes an imminent
danqer to public health. safety or the environment the Public Works Director.
may enter upon the premises from which the violation emanates~ abate the
violation and danqer created to the public safety or the environment, and restore
any premises affected by the alleQed violation, without notice to or consent from
the owner or occupant of the premises. An imminent danqer shall include, but is
not limited to~ circumstances created bv a disposal of solid or hazardous waste
where such disposal creates a siQnificant. and immediate threat to the public
health or safety, or the environment.
c. Violations of this Chapter are deemed public nuisances~ whi,ch may be abated bv
administrative. civil, or criminal action in accordance with the terms and
provisions of this code and state law. All costs and fees incurred bv the City
because of any violation of this Chapter, which constitutes a nuisance. includino
all administrative fees and expenses and leqal fees and expenses~ shall become
a lien aqainst the subiect premises from which the nuisance emanated, and a
personal obliqation aqainst the owner. The owner of record of the premises
subiect to any lien shall receive notice of the lien prior to recording. The City
attorney is authorized to collect nuisance abatement costs or enforce a nuisance
lien in an action brouqht for money iudQment. or bv delivery to the county
assessor of a special assessment aqainst the premises.
d. The City may utilize any and all other remedies as otherwise provided bv law to
enforce the provisions of this Chapter.
4362. Unlawfullv Placed Solid Waste Containers.
a. Unauthorized Solid Waste Containers. No person shall place or leave standinq a
solid waste container on any public or private property within the City except for
collection and disposal of solid waste by Franchisees or as otherwise specificallv
authorized in this Chapter.
33
be Containers for Collection of Recyclable Solid Waste Exempted. Nothinq in this
Section shall prohibit the placement of containers for the collection of Recyclable
Solid Waste sold or donated bv the qenerator of such solid waste. If, however.
the qenerator of the Recyclable Solid Waste is required to pay monetary or non-
monetary consideration for the collection, transportation, transfer, or processinq
of the Recyclable Solid Waste, or for the use of containers for such solid waste.
this exemption shall not apply. The person providinq containers for the collection
of Recvclable Solid Waste shall have the burden of showinq that the Recvclable
Solid Waste was sold or donated in compliance with the exemption herein.
c. Removal of Unlawfullv Placed Solid Waste Containers.
1. The Public Works Director may cause the postinQ of a notice to remove, in
a conspicuous place, on any solid waste container placed on any public or
private property within the City in violation of this Chapter.
2. Notices to remove posted pursuant to the provisions of this Chapter shall
specify the nature of the violation and shall state that the solid waste
container must be removed within twenty-four (24) hours or it may be
removed and stored bv the City, and the contents disposed of, at the
expense of the owner of the container. The postinQ of a notice to remove
shall constitute constructive notice to the owner and user of the container
of the requirement to remove the solid waste container.
3. If the solid vvaste container is not removed within twenty-four (24) hours
after the notice to remove is posted. the Public Works Director may direct
the removal and storaqe of the solid waste container and the disposal of
its contents.
4. If the identity of the owner of a solid waste container that has been
removed by the City is known to the Public Works Director, the Public
Works Director shall promptlv cause notice to be mailed to the owner to
claim the stored property. If the solid waste container is not claimed within
ninety (90) days after removal and notice to the owner. or ninety (90) days
after removal if the identity of the owner is unknown. the solid waste
container and its contents shall be deemed abandoned property and may
be disposed of accordinqly.
5. After a solid waste container has once been removed by the City pursuant
to a notice to remove, the owner thereof shall be deemed to have actual
notice of the provisions of this Chapter, includinQ the prohibition of
placement of solid waste containers bv any person other than those
exempted. In the event of a subsequent placement of a solid waste
container owned bv the same owner, the Public Works Director may
immediatelv. without the postinq of a notice to removeJ direct the removal
and storaQe of the unlawfullv placed solid waste container and shall, in
such case. give notice to the owner to claim the solid waste container. In
such event. the owner shall be responsible to reimburse the City for the
actual cost of removal, storaqe and disposal of its contents. which cost
34
shaH be paid bv the owner before the solid waste container is returned to
the owner. If the solid waste container is unclaimed after notice is mailed
to the owner and the expiration of the period set forth in subsection 4
above. the solid waste container and its contents shall be deemed
abandoned property and may be disposed of accordinQlv.
6. The owner of the solid waste container shall be responsible to reimburse
the City for the actual cost of the removal. storaqe and disposal.. All
amounts due to the City for the cost of the removal. storaqe and disposal
shall be paid before the solid waste container is returned to the owner.
The costs incurred bv the City for removal, storage and disposal shall
constitute a debt owed to the City bv the owner. who shall be liable
therefore in an action bv the City for the recovery of such amounts.
SECTION 2. SEVERABILITY. If any Section~ subsection~ subdivision.
paraqraph. sentence, clause: or phrase in this Ordinance or any part thereof is for any
reason held to be unconstitutional. invalid. or ineffective bv any court of competent
jurisdiction. such decision shall not affect the validity or effectiveness of the remaininq
portions of this Chapter or any part thereof. The City Council hereby declares that it
would have passed each Section. subsection. subdivision. paraqraph. sentence. clause.
or phrase thereof irrespective of the fact that anyone or more subsections.
subdivisions. paragraphs, sentences, clauses. or phrases be declined unconstitutional.
invalid, or ineffective.
SECTION 3. EFFECTIVE DA TEa This ordinance shall QO into effect and be in
full force and operation from and after thirty (30) days after its final passage and
adoption.
SECTION 4. CITY CLERK'S CERTIFICATION. The City Clerk shall certify to
the adoption of this Ordinance and cause the same to be posted at the duly desiqnated
posting places within the City and published once within fifteen (15) days after passaqe
and adoption as required by law. or in the alternative. the City Clerk may cause to be
12ublished a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance. and~ within fifteen (15) days after adoption~ the City Clerk shall cause
to be published the aforementioned summary and shall post a certified COpy of this
Ordinance, toqether with the vote for and aqainst the same, in the Office of the City
Clerk.
35
PASSED AND ADOPTED this
day of
. 2007.
Doug D3vertLou Bone~ Mavor
Attest:
Pamela Stoker. City Clerk
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN 1
)
) &&
I. Pamela Stoker, City Clerk of the City of Tustin. California. DO HEREBY
CERTIFY that the foreqoinq is a true and correct copy of Ordinance No.
adopted by the City Council of the City of Tustin) California. at a regular meeting
thereof. held on the davof . 2007, by the followinq vote:
AYES:
NOES:
ABSENT:
PAMELA STOKER, CITY CLERKThe policies
required by this Section chall be cubject to the approval of the City ^ttorney ac to their
form 3nd sufficiency. (Ord. No. 510)
4343 J\SSIGNMENT
No assignment of the /\groement or any right occurring under thic ^greement shall be
m3de in \~vhole or p3rt by the Contr3ctor \A.'ithout the express '.~.lritten consent of the City;
in the event of 3ny assignment, the acsignee Sh3U 3ssume the li3bility of the Contr3ctor.
(Ord. No. 540)
4344 BOOKS AND RECORDS
The Contractor sh311 keep records of'I:38tes collected 3nd charges therefore, 3nd the
City shall have the right to revievI those records which in any way pertain to the
payments due him. ^" information so obtained sholl bo confidential and shall not be
released to the City unlecs expressly 3uthorized in \\'riting by the Contr3ctor.
36
Collection (Public Health Service Public3tion No. 2033)1 or a similar type approved by
the City. (Ord. f'Jo. 540)
4345 BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this /\greement shall terminate effecth/e on the day and at the time
the bankruptcy petition is filed. (Ord. No. 5~ 0)
4346 PERMITS AND LICENSES
The Contractor shall obtain at his QV\fn expense all permits and licenses required by
la\~~' or ordinance and m3intClin same in full force and effect.
The '"A/ork to be furnished under the contract by the Contractor shall include the
furnishing of all labor, m3tcri31s and equipment necessary' for the, collection of solid
VJ3ste m:Jteri3ls originating in the City 3t :)ny premises. (Ord. ~Jo.510)
If the Contractor f3ils to collect m3terials herein specified for a period in excess of five
(5) consecutive, scheduled, 'J.1orking d3)'s or f3i1s to oper:)te the syctem in :) s3tisf3ctof)'
manner1 as described by the 3ttached ordinance1 for :3 simil3r period, the City may
mo\,'e as follo\JIS (provided such failure is not due to 'JJar, insurrection, riot, /\ct of God, or
any other cause beyond the Contr3ctor's control): (1) at its option, Jftcr 'v~lritten notice to
the Contr3ctor 3S provided herein3fter, t:Jke o\'er 3nd oper3te 3ny or 311 of the
Contractor's equipment used in the performance of this I\greement; (2) use and oper3te
same itself until such matter is resol\ied and the Contractor is again able to carry out his
operation under this I\greement. Any 3nd all oper3ting expenses incurred by the City in
so doing m3)' be deducted by it from compens3tion to the Contr3ctor hereunder.
During such period, the liability of tho City to the Contractor for los8 or damage to
such equipment so used Sh3J1 be th3t of 3 b3ilee for hire, ordin3ry \AJ83r 3nd tear being
specifically exempt from such liability.
The 1i3bility of the Contr3ctor to third persons shall ce3se 3nd 311 cl3ims or demands
arising out of the operation of the collection service sh311 be directed solely to the City.
Pro\/ided, hO'A'ever, if the Contr3ctor is un3ble for 3ny C3use to resume perform3nce
at the end of 30 c31end3r days, 3111i3bility of the City under this /\greement to the
Contractor shall cease and the City shall be free to negotiate \,lvith other Contractors for
the opor3tioA of sClid collection service. Such operation v./ith 3nothor ContrClctor shall not
rele3se the Contractor herein of his li3bility to the City for such bre3ch of this
Agreement. In the event that this contract is so negotiated \vith 3 ne\\' Contr3ctor or
'Ii It I' 'Ii ill 'Ii
same arises from tortious conduct in operation of the collection service.
37
payments and funds received for the period during which the City provided service.
4349 FAITHFUL PERFORMANCE BOND
faithful performance bond in the amount of three month's estim:Jted gross receipts of
business 'lJithin the City limits. S3fd bond Sh311 be in 3 form 3nd \'vith 3 t:urety comp3ny
approved by the City I\ttorney 3nd shall be on file \a\'ith the City Clerk. (Ord. No. 540)
38
PART 5 FEES AND Pl\YMENTS
4351 CUSTOMER FEES f\~UTHORIZED
The City Council may establish by resolution user fees to recover part or all of the cost
of collecting 3nd disposing of solid \~l38te m3teri3ls~ s3id cost to include the expense of
billing and collecting such fees 3nd reasonable overhe3d or m3n3gement expenses.
The billing frequency may be monthly~ bi monthly, quarterly or as other\~ise provided by
resolution and shall be in ad\/ance of the service period. (Ord. No. 5-10)
4352 CONTRACTOR COLLECTION OF CUSTOMER FEES
cannot be reached, the matter may be submitted to the City, and its decision shall be
binding. (Ord. f\Jo. 510)
4353 DELINQUENT ACCOUNTS
Collection of delinquent accounts may be enforced in the follo\1f~ing manner:
a Discontinuance of Sep~/ice
Enforcement by discontinu3nce of service under Section 1336c of this ch3pter.
. .
'/ihich service has been discontinued and \Nithheld. (Penalties shall none the less be
computed on the b3Sis of the origin31 bill). In 3ddition, if during:) period of time in \.dvhich
ser\'ice is discontinued 38 pro\:ided herein 3 surplus of solid \V3stes is 3ccumulated on
the premises 'lihich cannot be properly disposed of through resumption of routine
cervico~ 3 speci31 m3terials ch3rge may be assessed as pro\Jided by Section 1352 of
this ch3pter.
c Special Deposit
Requirement of a deposit not to exceed one quarter's normal service charge plus t\^/elve
o ..,
, ,
or four delinquent bills in an~l three ye3r period. The deposit m3Y be used to recover any
charges due the City or Contractor (vvhiche\/er is responsible for regular billing), 'I/hich
remain unpaid at the completion of one quarter's service. The existence of said deposit
Sh3U not absolve the customer for full responsibility 3nd li3bitity for the norm31 fees, etc.
39
40
ORDINANCE NO. 1325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA AMENDING CHAPTER 3 OF
ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO
SOLID WASTE REGULATIONS.
The City Council of the City of Tustin does ordain as follows:
SECTION 1. AMENDMENT OF CODE. Chapter 3 of Article 4 of the .Tustin City
Code is hereby amended in its entirety to read as follows:
CHAPTER 3-S0LID WASTE MANAGEMENT
PART 1-GENERAL PROVISIONS
Sec. 4310. Declaration of Purpose and Severability.
a. The purpose of this Chapter is to regulate solid waste handling in order to protect
the public health, safety and welfare and to meet the City's obligations under the
California Integrated Waste Management Act of 1989 (Public Resources Code
Sections 40,000 et seq.) (Hereinafter "AB 939").
b. Pursuant to the California Constitution, the City is authorized to enact ordinances
to protect the public health, safety, and welfare. Pursuant to Public Resources
Code Section 40059, aspects of solid waste handling of local concern include,
but are not limited to, the frequency of collection, means of collection and
transportation, level of service, charges and fees, and whether solid waste
services are to be provided by means of non-exclusive, partially exclusive, or
wholly exclusive franchise, contract, license or permit, and the terms and
conditions of such franchise, license or permit.
c. If any Section, sentence, clause, or phrase of this Chapter is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions. The City Council of the City of Tustin declares that it
would have passed this chapter and each section, subsection, clause, and
phrase thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases be declared invalid or
unconstitutional, and would have passed and adopted the same even though any
parts, sections, subsections, sentences, clauses or phrases that may be held
invalid had been omitted therefrom.
Sec. 4311. Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as follows:
1
"AB 939" or "Act" means the California Integrated Waste Management Act of 1989,
codified in part at Public Resources Code Section 40000 et seq., as it may be amended
from time to time and as implemented by the regulations of the California Integrated
Waste Management Board, or its successor.
"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 applies to the City for the
applicable permits to undertake any construction, remodeling or demolition project
within the City.
"C&D" means "Construction and Demolition."
"City" shall mean the City of Tustin.
"Construction and Demolition Debris" or "C&D debris" shall mean used or discarded
materials removed from premises during construction, renovation, remodeling, repair, or
demolition operations on any pavement, residential building, commercial or industrial
building, or other structure and shall include, but is not limited to concrete, asphalt
paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.
"Construction, remodeling or demolition project" means the erection or demolition of or
the making of changes to any building, structure or landscaping which '~generates C&D
debris.
"Contractor" means any person or entity holding, or required to hold, a contractor's
license of any type under the laws of the State of California, or who performs (whether
as contractor, subcontractor or owner-builder) any construction, demolition, remodeling,
or landscaping service relating to buildings or accessory structures in the City of Tustin.
"Covered project" has the meaning set forth in Section 4351(a)(1).
"Diversion requirement" means the amount of waste collected by the franchisee and the
amount of C&D debris for each project that must be diverted from landfills.
"Divert" means to use material for any purpose other than disposal in a landfill or
transformation facility.
"Franchise" means the right or privilege conferred by the City on one or more private
entities for the collection, transportation or other handling of solid waste.
"Franchisee" means a solid waste enterprise having a solid waste franchise agreement
with the City.
"Green Waste" means vegetative cuttings, shrubs, stumps, brush, tree trimmings,
grasses, and related materials that have been separated from other solid waste. Green
Waste does not include stumps or branches with a diameter exceeding eighteen inches
(18") or a length exceeding four feet (4').
2
"Hazardous waste" means any substance, waste or mixture of wastes defined as
"hazardous substance" or "hazardous waste" pursuant to the Resource Conservation
and Recovery Act ("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C.
Section 9601 et seq., and all future amendments to either of them, or as defined by the
California Integrated Waste Management Board, and all substances defined as
Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the
State of California in Health and Safety Code 925110.02, 925115, and 925'117 or in the
future amendments to or recodifications of such statutes or id,entified and listed as
Hazardous Waste by the US Environmental Protection Agency (EPA). Where there is a
conflict in the definitions employed. by two or more agencies having jurisdiction over
hazardous or solid waste, the term "hazardous waste" shall be construed to have the
broader, more encompassing definition.
"Person" shall mean any solid waste enterprise, individual, partnership, joint venture,
firm, corporation, nonprofit corporation, association, organization, unincorporated
private or public organization, or any other combination or entity.
"Premises" means any building, dwelling, or site in any zone within the City from which
any activity is conducted, including, without limitation, residential, serVice, nonprofit,
governmental, institutional, educational, industrial, commercial or agricultural uses.
"Project" means any activity that requires an application for a building or.demolition
permit or any similar permit from the City.
"Public Works Director" shall mean the Public Works Director or his/her designee.
"Recyclable solid waste" shall mean all solid waste which can be recycled and which is
separated from other solid waste for the purpose of being recycled such as, but not
limited to, aluminum, cardboard, glass, grass, and yard cuttings, metal, newspaper,
paper, and plastic.
"Recycle'" or "recycling" shall mean the process of collecting, transferring, 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 that meet the quality standards necessary to be
used in the marketplace.
"Remodel" means any change, addition, or modification to an existing structure.
"Reuse" means further or repeated use of C&D debris or other types of solid waste.
"Roll-off box" means a container used for solid waste collection, usually 10 to 50 cubic
yards in size, which is removed from the premises and transported to a recycling or
disposal site for solid waste removal. Roll-off boxes are typically used for C&D debris,
other temporary solid waste collection needs, and for large solid waste generators.
"Salvage" means the controlled removal of C&D debris from a permitted building or
demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
3
"Scavenging" means the unauthorized removal of solid waste from containers or bins of
City franchisees. Scavenging is prohibited by this Chapter.
"Solid Waste Container" shall mean any bin, roll-off box, cart, receptacle, or other
container used to hold solid waste for collection and disposal or processing.
"Solid waste" means all discarded putrescible and non-putrescible solid, semisolid, and
liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, green waste,
recyclable materials, bulky goods, discarded home and industrial appliances, C&D
debris, manure, vegetable or animal solid and semisolid wastes, and other discarded
solid and semisolid wastes. "Solid waste" does not include:
(a) Hazardous waste or low-level radioactive waste regulated under Chapter
7.6 (commencing with Section 25800) of Division 20 of the Health and
Safety Code;
(b) Medical waste which is regulated pursuant to the Medical Waste
Management Act (Chapter 6.1 (commencing with Section 25015) of
Division 20 of the Health and Safety Code); or (c) abandoned vehicles or
parts thereof.
"Solid waste handling services" shall mean the transportation,. storage, transfer,
processing, disposal or collection (whether from the curbside, bins, roll-off box or any
other type of solid waste container or location) of solid waste for residential, commercial,
institutional, industrial or any other originators, users or customers.
"Waste reduction and recycling plan" or "WRRP" means a completed form submitted by
an applicant for any covered project approved by the City for the purpose of compliance
with Part 5 of this Chapter. The first portion of the form is submitted when applying for a
permit, and the second portion when the project is completed.
"WRRP" means "Waste Reduction and Recycling Plan."
Sec. 4312. Solid Waste Responsibilities for Generator.
a. Collection ArranQements Required; Unauthorized Accumulation Prohibited and
Declared a Public Nuisance.
1. In order to protect the public health, safety, and welfare and to prevent the
spread of vectors, the owner, occupant, or other person responsible for
any premises in the City shall arrange with a Franchisee for the collection
of solid waste, as set forth in this Chapter.
2. It is unlawful for the person having control or possession of any premises
in the City to fail or neglect to provide for the removal of solid waste. Each
day's violation of this Section shall be treated and considered as a
separate and distinct offense.
4
3. Any unauthorized accumulation of solid waste on any property or
premises is hereby declared a public nuisance and is hereby prohibited.
b. Frequencv of Solid Waste Collection.
1. Solid waste created, produced or accumulated in or about premises in the
City shall be removed from premises at a minimum of:
(a) Every four days for putrescible waste
(b) Once each week for non-putrescible waste
2. The following materials may be collected less frequently unless the City
deems otherwise:
(a) Temporary solid waste containers on construction or demolition
sites containing no food waste, food wrappers, yard waste, or any
form of organic waste
(b) Recyclables containers containing no food waste, food wrappers,
yard waste, or any form of organic waste
3. If conditions warrant, the County Health Officer or the City may require a
gre~ter frequency of removal.
c. Recvclable Solid Waste Collection.
1. Ownership of recyclable solid waste. Upon placement of recyclable solid
waste at a designated recycling collection location, such recyclable solid
waste shall become the property of the Franchisee engaged to collect
such material.
2. Collection by persons other than an authorized Franchisee Prohibited. It
is unlawful for any person, except for the permitted Franchisee engaged to
provide such service, to collect recyclable solid waste from a designated
recycling collection container. The City may, at its option, arrange for
collection in the event of health and safety issues or of a dispute between
the Franchisee, the customer OJ the City.
3. Generator's riaht to recvcle. Nothing in this Chapter limits the right of any
person to sell, donate, or otherwise divert their own recyclables from
landfilling, except that recyclables deposited into containers provided by a
Franchisee and placed for collection shall become solid waste and the
property of the Franchisee as provided for in Subsection 1 above.
d. Containerization of Solid Waste.
1 . All solid waste shall be placed for collection in containers provided by
Franchisees, except when special collections are authorized by this
5
Chapter or the City's franchise agreement. Special collection items, such
as bulky items, holiday trees, bundled residential green waste, and
household hazardous waste placed for curbside collection, must be placed
for collection in accordance with the terms of this Chapter or the City's
franchise agreement.
2. Placement of Solid Waste Containers for Collection. Residential solid
waste containers shall be placed curbside or in the gutter, not earlier than
twenty-four (24) hours before collection is scheduled and removed not
later than twenty-four (24) hours after collection.
3. Solid Waste Container StoraQe Enclosures.
(a) All solid waste containers, for both residential and commercial
customers, must be shielded from view within a building or area
enclosed by a wall not less than six (6) feet in height. No solid
waste container storage shall be within fifty (50) feet of any
residential or open space planning areas unless it is fully enclosed.
(b) All new construction of residences and businesses must include
sufficient storage area for both solid waste and recycling
containers.. The City may: require that sufficient storage area for
both solid waste and recycling containers be built when an existing
facility is being renovated. City will review plans to' ensure that
adequate space will be provided prior to issuance of a building
permit.
Sec. 4313. Solid Waste Collection Schedules.
a. Collection Hours. No collection of solid waste, or delivery or removal of
containers by a Franchisee, shall be made from within 200 feet of any residence
in the City between the hours of 6:00 p.m. and 7:00 a.m. any day unless prior
written approval has been obtained from the Public Works Director or designee.
b. Holidav Schedule. Franchisees may only postpone collection for the following
holidays: January 1st, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day. Service due on the holiday, and on each
day. during the remainder of the holiday week, shall be delayed no more than one
day.
Sec. 4314. Encroachment Permit for Solid Waste Container Placement in Public
Right-of- Way.
a. Except for curbsid'e collection or storage enclosure collection pursuant to Section
4312d, prior to placement of a solid waste collection container in the public right-
. of-way, the person placing the container must obtain an encroachment permit
from the City. A performance bond or letter of credit may be required prior to
issuance of the encroachment permit. Only a Franchisee authorized by the
6
franchise, or customer hiring such a Franchisee, may obtain an encroachment
permit for a temporary collection bin. Applications for such permit shall be on
forms supplied by the City and shall contain the following information:
(1) Name, address, and business telephone;
(2) Evidence, of solid waste franchise or permit;
(3) Name, address, and telephone number of person or persons who will
have the responsibility for the placement, servicing, and removal of the
temporary solid waste collection bin(s), as described above.
b. Applications shall be accompanied by a permit fee as set by resolution of the City
Council. Encroachment permits shall be issued for a time certain, and are
revocable at any time by the City, if the holder of the encroachment permit
violates City ordinances or State law, any term of the permit, or if the
encroachment is deemed to constitute a traffic hazard or public nuisance. A
holder of an encroachment permit shall promptly remove or cause the removal of
the container(s) if the permit is revoked. All decisions of the City regarding the
issuance and revocation of encroachment permits are final and are not
appealable.
c. Encroachment permits are not transferable by assignment, sale, or other means
without the express written permission of the City
Sec. 4315. Miscellaneous Prohibitions.
a. Noise. A Franchisee shall so conduct its operations as to offer the least possible
disruption to the existing noise levels of the area within which collections are
made, but in no event exceed the City's Noise Ordinance.
b. Trespass. No person authorized to collect or transport solid waste or recyclables
shall enter private property beyond the extent necessary to collect the solid
waste or recyclables placed for collection.
c. Scavenaina. It is unlawful for any person, 'other than a Franchisee, the City, or
the owner thereof, to remove solid waste, including recyclable solid waste, from
containers placed for collection, including temporary containers.
d. Transfer of Solid Waste on City Streets. Under no circumstances may solid
waste be transferred between vehicles or otherwise in the public right-of-way.
e. Prohibited Disposal Methods.
1. BurninQ. It shall be unlawful at anytime for any person, including
Franchisees, to burn any solid waste or recyclables within the City.
2. IlIeaal DumpinQ. It shall be unlawful for any person, including
Franchisees, to cast, place, sweep, deposit, or dump solid waste upon any
7
private or public property in the City, except as provided for in this Code.
It is unlawful for any person to place, deposit, or dump hazardous waste,
medical waste, or abandoned vehicles, or parts thereof, upon any private
or public real property in the City.
3. Unauthorized Disposal. No unauthorized person shall cause the
placement of solid waste, originating from other premises, within a waste
container designated to serve the premises for which the container has
been assigned.
f. Sanitary Transportation of Solid Waste. No person shall conveyor transport solid
waste upon or along any public street in the City unless such solid waste is
contained and/or covered or otherwise secured to prevent it from leaking, dripping,
falling, blowing, or scattering from the vehicle in which it is being conveyed or
transported. All vehicles and equipment used in the transport of any form of solid
waste shall be kept clean. No person shall drain the liquid from any such vehicle
upon any road or highway or upon any other land in the City. Persons hauling solid
waste on City streets shall completely empty the solid wastes from their vehicles
and/or containers at the disposal site, or re-cover them if they are not completel'y
emptied, in order to prevent the scattering of residue on the return trip.
g. Hazardous Solid Waste.
1. Disposition. Generators, owners, and/or possessors of hazardous solid
waste shall dispose of all hazardous solid waste that they generate, own, or
possess in accordance with all local, State and Federal laws.
2. Regulation. The County Health Official and the City may promulgate
regulations regarding the handling, transportation, and/or disposal of
hazardous solid waste within the City.
3. Collection. It is unlawful for City Franchisees to perform solid waste handling
se.rvices for hazardous solid waste, unless they are properly permitted and
meet all local, State and Federal regulations regarding the handling of such
materials.
4. Placement in containers for collection. ft is unlawful for any person to place
hazardous solid waste in containers for regular collection by a Franchisee or
at a designated recycling collection location.
PART 2-S0LID WASTE FRANCHISES
Sec. 4320. Authorization to Issue Franchises for Solid Waste Handling Services;
a. At the General' Municipal Elections in November 2006, the voters approved
Initiative Ordina'nce No. 2006-01, which authorizes the City Council to issue
competitively bid contracts as follows: "The Council may enter into contracts for
the collection and disposal of solid waste material, and may establish such rules
for the regulation thereof as it may from time to time deem best and necessary.
8
The terms, as set forth in Part 4 [now this Part 2], shall be the minimum terms of
any contract approved by the City Council. At least every ten (10) years City
contracts for the collection and disposal of solid waste and for the collection of
recyclable material shall be competitively bid according to rules and regulations
adopted by the City Council and designed to secure the best level of services at
the lowest price practicable. This requirement shall apply upon the termination of
each City contract for the collection and disposal of solid waste material that is in
effect as of the effective date of this Section. The City Council in its sole
discretion may extend any contract or franchise in existence on the effective date
of this Section for a period of up to three years, to accommodate the completion
and implementation of the competitive process required in this Section and/or to
ensure a seamless transition between providers as may be necessary or
desirable, subject to such conditions as the City Council determines are
reasonable or appropriate."
b. Each Franchisee providing services within the City shall obtain and maintain all
appropriate licenses and all forms of authorization, permit, franchise, or contract
as may be required by the City Council. Each Franchisee shall comply with all
applicable federal, state, and local laws, regulations, and requirements governing
solid waste.
c. No person shall construct or operate a solid waste management enterprise or
facility including, bu~ not limited to, a material recovery facility, landfill,
composting facility, or buy-back recycling center, or collect any form of solid
waste in the City, without first satisfying all applicable City requirements for land
use approval, franchises, permits, and any other approvals required under any
local, state or federal law.
Sec. 4321. Franchise Required Prior to Container Delivery.
No person may deliver a roll-off box, bin, or other solid waste container within the City,
or collect solid waste from a customer within the City, prior to City approval and
issuance of that person's franchise or contract for solid waste services, unless
otherwise exempted under this Chapter. Green waste and recyclables are included in
the definition of solid waste and collectors of such materials, not otherwise exempted
pursuant to this Chapter, must obtain a franchise or contract. The use of compactors for
solid waste collection requires the express written approval of the Public Works
Director.
Sec. 4322. Franchise Agreement; Relation to Code.
The franchise agreement will govern requirements placed on the franchisee(s) for
services covered under the franchise. Where the franchise agreement is silent, the
applicable requirements of this Chapter will apply. To provide services not covered
under the franchise, the franchisee must obtain a permit and meet all requirements of
this Chapter.
Sec. 4323. Collection by Persons Other Than City Franchisee.
9
a. Except for Franchisee(s) and except for any person described in subsections b,
c, d, e, f, g, hand i of this Section, it is unlawful for any person to engage in solid
waste handling services within the City, and all persons currently engaging in
solid waste handling services within the City shall cease such operations
immediately upon receiving written notice from the City.
b. Actual Solid Waste Generators. The actual producers of solid waste and the
owners of property upon which solid waste has accumulated may personally
engage in solid waste handling services, but only as to the solid waste which
they have actually produced or which has accumulated on their own property,
and provided that they comply with the provisions of this Chapter and with any
other governing laws. Except in accordance with Subsection c and Subsection d
below, actual producers and property owners shall not allow any other person,
except the City's Franchisees, to perform solid waste handling services for the
solid waste which they have produced, which has accumulated on their property,
or which they otherwise own or control.
c. Construction Contractors. The actual producers of C&D debris and the owners
of property upon which C&D debris has accumulated may engage the contractor
who produced all or a part of said C&D debris to perform solid waste handling
services for all or part of the C&D debris generated during the construction
project; provided, that all such contractors comply with the provisions of this
Chapter and with any'other governing laws. Said actual producers and property
owners shall not allow any other person, except for the City's Franchisees orthe
contractor described in this subsection, to perform solid waste handling services
for the C&D debris which they have produced, which has accumulated on their
property, or which they otherwise own or control.
d. Gardeners and Landscapers. Gardeners or landscapers may transport green
waste or solid waste generated by their work, only if transported by their own
employees in the gardener or landscaper's own vehicles to permitted facilities,
without obtaining a solid waste collection permit.
e. Cleanup Services. Any person whose primary business is the cleanup of solid
waste on the property of another and who., incidental to such business,
(1) Hauls only the solid waste which he cleans up and no other solid waste,
(2) Performs cleanup services such as removing junk from businesses,
garages, and residential properties, but does not remove solid waste from
construction and demolition sites,
(3) Uses his/her own vehicle to haul the solid waste which he cleans up, and
(4) Does not use a bin, roll-off box or other container, whether or not such bin,
roll-off box, or container is left at the cleanup site, to accomplish the
cleanup, collection, or transportation of the solid waste, may transport
10
solid waste In accordance with this subsection without a permit or
franchise.
f. Non-Profit Charities. Non-profit organizations or charities periodically accepting
donations of recyclables may transport the recyclables, provided that the
organization transport the recyclables to a recycling facility and that organization
volunteers and employees comply with the provisions of this Chapter and with
any other governing laws.
g. Transport Onlv. Any person may haul solid waste generated and collected in
other jurisdictions over City streets provided they comply with the provisions of
this Chapter and with any other governing laws, and provided further that they do
not engage in any solid waste handling services within the City.
h. Emeraencies. In the event of an emergency, including, but not limited to, the
breakdown of equipment or other unforeseen or unpreventable circumstances, or
where in the judgment of the City the particular situation justifies such action, the
City may issue limited or temporary contracts to any person to perform solid
waste handling services, subject to reasonable fees, charges and conditions as
the circumstances may warrant and as the parties involved may agree upon.;
provrded that such fees and charges received from or paid to any person under
this subsection for any period exceeding fifteen (15) days in duration shall be
approved by the City Council.
I. Recvclers. Persons purchasing or accepting donations of recyclables shall not
be required to obtain a franchise.
PART 3-RATES AND FEES
Sec. 4330. Rates.
Rates charged by franchisee(s) shall be as set forth in the schedule of rates and
charges approved by the City.
Sec. 4331. Solid Waste Fees - General.
In accordance with Division 30, Part 1,- Chapter 1 of the Public Resources Code,
Sections 40000 et seq., and other applicable laws, the City may levy fees within the City
for solid waste purposes, including but not limited to, implementation of an integrated
Waste Reduction and Recycling Plan; inspection, auditing, review and planning for solid
waste or household hazardous waste collection, transfer and disposal; planning related
to responses to solid or hazardous waste releases and spills; and franchise fees as
permitted by law. Such fees may include, but are not limited to, fees for the costs of
preparing and implementing source reduction and recycling elements, household
hazardous waste elements, non-disposal facility elements and integrated Waste
Reduction and Recycling Plans, and fees for the use and maintenance of public streets,
highways, public rights-of-way, and other public property.
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PART 4-FRANCHISEE OPERATIONS
Sec. 4340. Office for Inquiries and Complaints.
a. Franchisees shall maintain an office at a fixed place and shall maintain a
telephone at the office listed in the current telephone directory in the name under
which it conducts business in the City, and shall at all times between the hours of
8:00 a.m. and 5:00 p.m. weekdays and between 8:00 a.m. and 12:00 p.m. on
Saturdays, have an employee or agent at the office to receive service request,
complaints and inquiries. Each office shall be staffed with a knowledgeable
person, trained to respond to customer questions and complaints. An
emergency telephone shall be provided to the City for use outside normal
business hours.
b. The protection of the public health, safety, and welfare require that service
complaints be acted on promptly and that a record be maintained in order to
permit the City and its Franchisees to identify potential public health and safety
problems. During office hours, Franchisees shall record all complaints, including
the date, time, complainant's name and address if the complainant is willing to
give this information, and date, and manner of resolution of the complaint. This
'information .shall be maintained for the term of the franchise agreement, or longer
if: indicated in the franchise agreement. The record of service complaints shall be
made available for review by representatives of the City during the Franchisee's
office hours.
Sec. 4341. Hazardous Waste Inspection and Reporting.
a. Franchisees shall inspect solid waste placed for collection in their respective bins
and containers, and shall reject for collection solid waste observed to be
contaminated with hazardous waste. Franchisees, as applicable" shall promptly
notify the City an.d all agencies with jurisdiction, if appropriate, including the
California Department of Toxic Substances Control, local emergency response
providers and the National Response Center of reportable quantities of
hazardous waste found or observed in solid waste anywhere within the City. In
addition to other required notifications, if a franchisee observes any substances
which it or its employees reasonably believe or suspect to contain hazardous
waste unlawfully disposed of or released on any City property, including storm
drains, streets or other public rights-of-way, the franchisee, as applicable, shall
immediately notify the Public Works Director or his or her designee.
b. Franchisees shall each maintain records showing the types and quantities, if any,
of hazardous waste found in solid waste and which was inadvertently collected
from service recipients within the City, but diverted from landfilling.
Sec. 4342. Employees and Vehicles.
a. Employees. All field employees of a franchisee shall wear nametags to enable
identification while providing public service.
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b. Franchisees' Vehicles.
1. Vehicle Standards. To protect public health, safety and welfare, any truck
used for the collection or transportation of solid waste within the City shall
be leak-proof and equipped with a close-fitting cover that shall be affixed
in a manner that will prevent spilling, dropping or blowing of any waste, oil,
grease or other substance upon the public right-of-way during collection or
transportation. No person shall park, or cause to be parked within the City
any vehicle containing solid waste unless the vehicle is free from odor and
in a ~anitary condition. Franchisees shall comply with all regulations
promulgated by all agencies with jurisdiction over the safe, sanitary
operation of all of their equipment.
2. Displavs. Vehicles shall display the name of the franchisee in prominent
letters so that the vehicle may be easily identified as belonging to that
franchisee. If a franchisee uses a vehicle displaying the name of an
affiliated company, the affiliated company's name must be indicated on
the franchise, or be approved in advance in writing by the Public Works
Director or designee. Improperly identified vehicles may be treated as
belonging to non-permitted haulers.
3. Noise Levels. To protect the public health, safety and quiet enjoyment of
the residents of the City, the noise level for the collection vehicles during
the stationary compaction process shall not exceed seventy-five (75)
decibels (dB) at a distance of twenty-five (25) feet from the col,lection
vehicle and at an elevation of five (5) feet from the horizontal base place
of such vehicles. A Franchisee shall submit to City, upon City's request, a
certificate of vehicle noise level testing by an independent testing entity of
a representative sample of all vehicles.
4. DamaQe to Streets. Franchisees shall not damage public or private
streets over which their respective collection equipment may be operated
and shall obtain all required approvals for operation of its respective
collection, vehicles on private streets.
Sec. 4343. Franchisees' Containers.
a. Each Franchisee shall maintain its containers within the City in a manner to
protect public health and safety and prevent the spread of vectors.
b. All bins shall be steam-cleaned or replaced at least once per year by _the
Franchisee servicing bin.
.,
c. Each Franchisee shall remove from its solid waste containers (including carts,
bins and roll-off boxes), any exterior paint or markings commonly referred to as
"graffiti" or "tagging" within twenty-four hours of either notification by City or
customer or the Franchisee's last servicing of the container, whichever is sooner.
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d. The City has the authority to require a Franchisee to replace promptly any
container which, in the City's reasonable discretion, is not in a clean, painted, or
serviceable condition.
e. Each Franchisee shall post, each container with a notice that the container is not
to be used for the disposal of hazardous waste.
f. All containers in City, excluding franchisee's residential carts, must carry a label
identifying the Franchisee that owns or collects from the container an'd that
Franchisee's phone number. Letters must be at least 3 inches high.
g. All recycling and green waste containers must carry labels, in both English and
Spanish, identifying which materials are to be placed in each container.
Franchisees are responsible for designing and producing such labels and
replacing labels when they become worn.
h. The use of compaction containers by the Franchisee for waste collection shall be
approved in advance by the Public Works Director.
Sec. 4344. Diversion Requirements.
Franchisees must divert a minimum of 500/0 of the solid waste collected within the City
each calendar year. To count as waste diversion for the purpose of this Chapter, each
Franchisee must provide documentation of delivery to a recycling facility an.d
documentation as to the quantity. of the delivered waste that was diverted and the
quantity of the delivered waste that was landfilled.
PART 5-C&D DEBRIS DIVERSION
Sec. 4350. Declaration of purpose.
The purpose of this Part is to promote the recycling of C&D debris to protect the public
health, safety, and welfare and to meet the City's obligations under AB 939.
Sec. 4351. Waste Disposal and Diversion Requirements for Construction,
Demolition, and Renovatio.n Projects within the City.
a. Waste Disposal and Diversion Reportina Reauirement.
1. Covered Proiects. All construction and renovation projects the total costs
of which are, or are projected to be, fifty thousand dollars ($50,000.00) or
greater, as determined by the Public Works Director, shall be required to
divert at least fifty percent (500/0) of all project-related C&D debris.
Demolition projects, as determined by the Public Works Director, shall be
required to divert at least fifty percent (500/0) of all project-related C&D
debris. All project contractors shall, upon project completion, provide to
the Public Works Director all project related C&D debris collection,
disposal and diversion information in the form prescribed by the Public
Works Director.
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2. The following projects are exempted from the requirements of this Section:
(a) Work for which a building or demolition permit is not required.
(b) Work for which only a plumbing, electrical, or mechanical permit is
required.
(c) Seismic tie-down projects.
(d) Installation of pre-fabricated patio enclosures and covers where no
foundation or other structural building modifications are required.
(e) Installation of pre-fabricated accessories such as signs or antennas
where no structural building modifications are required.
b. Compliance as a Condition of Approval. Compliance with the provisions of this
Part shall be listed as a condition of approval on all discretionary resolutions of
approval for development projects, and building or demolition permits.
c. Application Fee. As part of any application for, and prior to the issuance of, any
building or demolition permit that involves the creation of C&D debris, each
applicant for covered projects shall pay to the City an application fee in the
amount set forth in a Resolution of the City Council sufficient to cover the City's
costs of reviewing an application and monitoring compliance with this Section
and/or the WRRP, or reviewing an application for exemption.
d. Security Deposit. In addition to the application fee, each applicant shall deposit
with the City a security deposit as security for performance, in the amount as
determined by the Public Works Director, but not more than five percent (50/0) of
the project's valuation as determined by the ,Building Official. The security
deposit is remitted at the same time the permit application is filed. The security
deposit may be in the form of cash, cashier's check, personal check, or money
order. In addition, the Public Works Director may accept a certificate of deposit
or letter of credit in the form approved by the City Attorney.
Sec. 4352. Waste Reduction and Recycling Plans (WRRP).
a. WRRP Forms. All applicants shall complete and submit a WRRP on a form
prescribed by the Public Works Director for this purpose, as part of the
application packet for the construction, renovation, or demolition permit.
b. Compliance with Waste ManaQement Plan.
1. Documentation. Prior to the completion of a project, the applicant shall
submit to the Public Works Director documentation that the Diversion
Requirement has been met. This documentation shall include all of the
following:
(a) Receipts from the vendor and facility which collected and received
each material showing the actual weight or volume of that material.
(b) A copy of the previously approved WRRP for the Project adding the
actual volume or weight of each material diverted and landfilled.
(c) Calculations showing multiplication of the total non-source
separated tonnage hauled from the Project.
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2. Weiahina of Wastes. Applicants shall make reasonable efforts to ensure
that all C&D debris, diverted or landfilled, are measured and recorded
using the most accurate method of measurement availa,ble. To the extent
practical, all C&D debris shall be weighed. Regarding 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.
3. Determination of Compliance and Release of Security Deposit. Prior to
the issuance of a certificate of occupancy or at the completion of the
project, the Public Works Director shall review the information pertaining
to diversion of C&D debris submitted pursuant this Section and shall
determine whether the applicant has complied with the diversion
requirement, as follows:
(a) Full compliance. If the Public Works Director determines that the
applicant has fully complied with the diversion requirement
applicable to the project, the Public W,orks Director shall cause the
entire security deposit to be refunded to the applicant without
interest.
(b) Good faith effort to complv. If the Public Works Director determines
that the diversion requi,rement 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 with this Part. In making this
determination, the, Public' Works Director shall consider the
availability of markets for the C&D debris land filled, the size of the
project, and the documented efforts of the applicant to divert C&D
debris. The Public Works Director may authorize a partial refund of
a security deposit without interest when less than the minimum
diversion requirement is met. The partial refund shall not exceed
that portion of the security deposit that is in the same ratio as the
demonstrated amount of diverted waste.
(c) Noncompliance. If the Public Works Director determines that the
applicant has not made a good faith effort to comply with the
diversion requirement, then the Public Works Director shall notify
the applicant in writing and all or a portion of the security deposit
shall be forfeited to the City and shall not be refunded. Forfeited
funds shall be used towards the City's recycling efforts pursuant to
subsection c below.
4. Other Provisions for the Refund of a Security Deposit
(a) The Public Works Director may authorize the refund without interest
of any security deposit which was erroneously paid or collected.
(b) The Public Works Director may authorize the refund without interest
of any security deposit when the permit ~pplication is withdrawn or
cancelled before any work has begun.
(c) The Public Works Director shall not authorize the refund of any
security deposit, or any portion thereof, unless the applicant files a
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written request for refund and provides documentation satisfactory
to the Public Works Director in support of the request.
c. Forfeiture and City Use of Security Deposit.
1. If the Public Works Director determines that the applicant has not made a
good faith effort to comply with this Part, or if the applicant fails to submit
the documentation required by subsection e prior to the expiration of the
building or demolition permit, then the deposit is forfeited to the City.
2. Forfeited security deposits may be used by the City for solid waste and
recycling related purposes, including but not limited to:
(a) Plan, implement, or promote solid waste diversion programs.
(b) Develop or improve the infrastructure needed to divert waste from
landfilling.
(c) Educate generators and handlers of solid waste in the City
regarding solid waste recycling and disposal alternatives.
(d) Review accuracy of Franchisee's reports, Waste Reduction and
Recycling Plans and other solid waste records.
Sec. 4353. Exemption from the Fifty Percent Diversion Rate.
a. Application. If an applicant experiences unique circumstances that the applicant
believes make it infeasible to comply with the diversion requirement, the
applicant may apply for an exemption at the time the application is submitted.
The applicant shall indicate on the application or WRRP the maximum rate of
diversion believed feasible for each material and the specific circumstances that
make it infeasible to comply with the diversion requirement.
b. Meetina with Public Works Director. The Public Works Director 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 Public Works Director shall determine whether it is
possible for the applicant to meet the diversion requirement.
c. Grantina of exemption. If the Public Works Director determines that it is
infeasible for the applicant to meet the fifty percent diversion requirement due to
unique circumstances, the Public Works Director shall determine the maximum
feasible diversion rate for each material and shall indicate this rate on the permit
or WRRP submitted by the applicant. The Public Works Director shall issue a
permit or return a copy of the WRRP to the applicant marked "Approved for
Exemption. "
d. Denial of exemption. If the Public Works Director determines that it is possible
for the applicant to meet the diversion requirement, the Official shall so inform the
applicant in writing. The applicant shall resubmit an application or WRRP in full
compliance with the diversion requirement. If the applicant fails to resubmit the
application or WRRP, or if the resubmitted application or WRRP does not comply
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with the diversion requirement, the Public Works Director shall deny the
application or WRRP and the Building Official shall not issue a permit.
Sec. 4354. Appeal.
Upon payment of an appeal fee set forth in a resolution of the City Council, the applicant
may appeal to the City Manager, a decision of .the Public Works Dir~ctor to deny an
exemption or withhold any portion of a security deposit. Notice of appeal of the decision
of the Public Works Director must be filed with the Public Works Director within ten (10)
calendar days of the date of the decision being appealed. The notice of appeal shall set
forth in concise language the particular decision or decisions complained of and the
reasons why the person feels aggrieved. Failure to file a notice of appeal within the time
prescribed herein shall constitute a waiver of any objection to the decision(s) of the
Public Works Director and such decision shall be final; otherwise, the decision of the
City Manager shall be final.
Sec. 4355. Certified Recycling Facilities.
a. The City may, but is not required to, approve certified recycling facilities. If such
facilities were approved, applicants would have the option to demonstrate that
they will meet the 500/0 diversion requirement in their WRRP required under this
Part by taking all material generated at the construction, remodeling, or
demolition site to a City Certified Recycling Facility.
b. For the purposes of this Part, a certified recycling facility means, a recycling,
composting, materials recovery, or re-use facility for which the Public Works
Director has issued a certification pursuant to regulations promulgated by the
Public Works Director.
c. The Public Works Director shall approve use of the facilities only if the owner or
operator of the facility has submitted or submits documentation satisfactory to the
Public Works Director:
1. That the facility has obtained all applicable federal, state, and local
permits, and is in full complian.ce with all appl~cable regulations; and
2. The percentage of incoming waste from construction, demolition, and
alteration activities that is diverted from landfill disposal meets a minimum
percentage level determined by the City.
d. The City shall make available to each applicant an approved list of certified
recycling facilities, if such facilities become approved.
Sec. 4356. C&D Debris Ordinance Enforcement.
a. Administrative Enforcement. In addition to the penalties provided for in this
Chapter and this Code, if violations of the provisions of this Part exist as to a
covered project requiring completion of a Waste Reduction and Recycling Plan,
the City may use various administrative measures to ensure compliance.
Measures available include, but are not limited to:
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1. Issuance of a building permit or a certificate of occupancy for that project
may be withheld until all such violations have been corrected,
2. Issuance of a stop work notice, until all such violations have been
corrected,
3. Stopping all inspections on subject project, until all such violations have
been corrected,
4. Other measures recommended by the City Attorney.
b. Civil Action. Violation of any provision of this Part may be enforced by civil action
including an action for injunctive relief. The City Council hereby finds that
violation of this Section is a public nuisance. In any civil enforcement action, the
City shall be entitled to recover its attorneys' fees and costs from a person who is
determined by a court of competent jurisdiction by a preponderance of the
evidence to have violated this Section.
PART6-ENFORCEMENT
Sec. 4360. Enforcement Authority, Impounding of Solid Waste Containers; Civil
Remedies.
a. Authoritv. The Public Works Director shall have the authority to enforce the
provisions of this Chapter. This' authority shall be in addition to the authority
granted to police officers pursuant to the Code.
b. Impoundina of Containers. If a solid waste container is not properly identified as
belonging to a City-approved Franchisee, or if the terms of the permit, the
franchise agreement, or of this Chapter are not complied with, then the solid
waste container shall be subject to removal and impound by order of the Public
Works Director pursuant to Section 4362.
c. Civil Remedies. Nothing in this Chapter shall be deemed to limit the right of a
City Franchisee or the City to bring a civil action against any person who violates
this Chapter, nor shall a conviction for such violation exempt any person from a
civil action brought by a City franchisee or the City.
Sec. 4361. Violations.
a. Except as otherwise provided in this Chapter, violations of this Chapter are
punishable as set forth in Section 1121 of this Code.
b. In addition, in the event any violation of this Chapter constitutes an imminent
danger to public health, safety or the environment, the Public Works Director,
may enter upon the premises from which the violation emanates, abate the
violation and danger created to the public safety or the environment, and restore
any premises affected by the alleged violation, without notice to or consent from
19
the owner or occupant of the premises. An imminent danger shall include, but is
not limited to, circumstances created by a disposal of solid or hazardous waste
where such disposal creates a significant and immediate threat to the public
health or safety, or the environment.
c. Violations of this Chapter are deemed public nuisances, which may be abated by
administrative, civil, or criminal action in accordance with the terms and
provisions of this code and state law. All costs and fees incurred by the City
because of any violation of this Chapter, which constitutes a nuisance, including
all administrative fees and expenses and legal fees and expenses, shall become
a lien against the subject premises from which the nuisance emanated, and a
personal obligation against the owner. The owner of record of the premises
subject to any lien shall receive notice of the lien prior to recording. The City
attorney is authorized to collect nuisance abatement costs or enforce a nuisance
lien in an action brought for money judgment, or by delivery to the county
assessor of a special assessment against the premises.
d. The City may utilize any and all other remedies as otherwise provided by law to
enforce the provisions of this Chapter.
4362. Unlawfully Placed Solid Waste Containers.
a. Unauthorized Solid Waste Containers. No person shall place or leave standing a
solid waste container on any public or private property within the City except for
collection and disp~sal of solid waste by Franchisees or as otherwise specifically
authorized in this Chapter.
b. Containers for Collection of Recyclable Solid Waste Exempted. Nothing in this
Section shall prohibit the placement of containers for the collection of Recyclable
Solid Waste sold or donated by the generator of such solid waste. If, however,
the generator of the Recyclable Solid Waste is required to pay monetary or non-
monetary consideration for the collection, transportation, transfer, or processing
of the Recyclable Solid Waste, or for the use of containers for such solid waste,
this exemption shall not apply. The person providing containers for the collection
of Recyclable Solid Waste shall have the burden of showing that the Recyclable
Solid Waste was sold or donated in compliance with the exemption herein.
c. Removal of Unlawfully Placed Solid Waste Containers.
1. The Public Works Director may cause the posting of a notice to remove, in
a conspicuous place, on any solid waste container placed on any public or
private property within the City in violation of this Chapter.
2. Notices to remove posted pursuant to the provisions of this Chapter shall
specify the nature of the violation and shall state that the solid waste
container must be removed within twenty-four (24) hours or it may be
removed and stored by the City, and the contents disposed of, at the
expense of the owner of the container. The posting of a notice to remove
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shall constitute constructive notice to the owner and user of the container
of the requirement to remove the solid waste container.
3. If the solid waste container is not removed within twenty-four (24) hours
after the notice to remove is posted, the Public Works Director may direct
the removal and storage of the solid waste container and the disposal of
its contents.
4. If the identity of the owner of a solid waste container that has been
removed by the City is known to the Public Works Director, the Public
Works Director $~all promptly cause notice to be mailed to the owner to
claim the stored property. If the solid waste container is not claimed within
ninety (90) days after removal and notice to the owner, or ninety (90) days
after removal if the identity of the owner is unknown, the solid waste
container and its contents shall be deemed abandoned property and may
be disposed of accordingly.
5. After a solid waste container has once been removed by the City pursuant
to a notice to remove, the owner thereof shall be deemed to have actual
notice of the provisions of this Chapter, including the prohibition of
placement of solid waste container~ by any person other than those
exempted. In the event of a subsequent placement of a solid waste
container owned by the same owner, the Public Works Director' may
'immediately, without the posting of a notice to remove, direct the removal
'and storage of the unlawfully placed solid waste container and shall, in
such case, give notice to the owner to claim the solid waste container. In
such event, the owner shall be responsible to reimburse the City for the
actual cost of removal, storage and disposal of its contents, which cost
shall be paid by the owner before the solid waste container is returned to
the owner./ If the solid waste container is unclaimed after notice is mailed
to the owner and the expiration of the period set forth in subsection 4
above, the solid waste container and its contents shall be deemed
abandoned property and may be disposed of accordingly.
6. The owner of the solid waste container shall be responsible to reimburse
the City for the actual cost of the removal, storage and disposal. All
amounts due to the City for the cost of the removal, storage and disposal
shall be paid before the solid waste container is returned to the owner.
The costs incurred by the City for removal, storage and disposal shall
constitute a debt owed to the City by the owner, who shall be liable
therefore in an action by the C'ity for the recovery of such amounts.
SECTION 2. SEVERABILITY. If any Section, subsection, subdivision,
paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any
reason held to be unconstitutional, invalid, or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the remaining
portions of this Chapter or any part thereof. The City Council hereby declares that it
would have passed each Section, subsection, subdivision, paragraph, sentence, clause,
or phrase thereof irrespective of the fact that anyone or more subsections,
21
subdivisions, paragraphs, sentences, clauses, or phrases be declined unconstitutional,
invalid, or ineffective.
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in
full force and operation from and after thirty (30) days after its final passage and
adoption.
SECTION 4. CITY CLERK'S CERTIFICATION. The City Clerk shall certify to
the adoption of this Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once within fifteen (15) ;days after passage
and adoption as required by law, or in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
day of
, 2007.
PASSED AND ADOPTED this
. "
Lou Bone, Mayor
Attest:
Pamela Stoker, City Clerk
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN )
)
) ~~
I, Pamela Stoker, City Clerk of the City of Tustin, California, DO HEREBY
CERTIFY that the foregoing is a true and correct copy of Ordinance No.
adopted by the .City Council of the City of Tustin, California, at a regular meeting
thereof, held on the day of , 2007, by the following vote:
AYES:
NOES:
ABSENT:
PAMELA STOKER, CITY CLERK'
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