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HomeMy WebLinkAboutORD 540 (1972)ORDINANCE NO. 540 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR SOLID WASTE COLLECTION. The City of Tustin, California does hereby ,rdain that the Tustin City Code be amended by the addition to Chapter 12 of Article III, Sections 4700 through 4745, inclusive, to read as follows: Article III- Solid Waste Collection SECTION 4700· DEFINITIONS- For the purposes of this Chapter, the following terms shall have the meanings respectively designated unless it is clear from the context that a different meaning is intended: (a). COLLECTION means the operation of gathering together and transporting solid waste material to the point of disposal (b). CONTAINER means a receptacle constructed of metal or plastic with a solid bottom or other container approved by the City. (c). CONTRACTOR means the person entering into a contract with the City for the collection and disposal of solid waste material· (d). DISPOSAL means the complete operation of treating and disposing of the accumulations of solid waste material and of the product or residue arising.from suc~ treatment· (e). FOOD WASTE means animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs. '~"~ (f). HAZARDOUS MATERIALS means 'and includes wastes that are .hazardous by reason of their pathological, explosive, radiological, or toxic characteristics. (g). SOLID WASTE means and includes food wastes, rubbish, trash, and other similar waste materials which ordinarily accumulate from the operation of a household or business, but shall not include discarded automobile or truck bodies or other bulky or heavy objects, nor waste material resulting from any manufacturing, building, or construction operation. RUBBISH or WASTE MATERIAL shall not be deemed to include manure, offal, or waste from any poultry yard or stable· (h) o SPECIAL MATERIAL means and includes bulky materials or other special wastes that are not stored in standard storage containers and cannot be picked up by a normally used collection vehicle. PART I: SOLID WASTE RESPONSIBILITIES - GENERATOR SECTION 4710. TIIROWING OR SCATTERING ON STREET PROHIBITED No ~erson shall throw, place, scatter or deposit any solid waste material in or upon any public alley, street or highway except as herein expressly authorized, nor throw, place scatter or deposit any such material upon or below the surface of any premises in such a manner t]~at the same is or may become a nuisance or endanger t]'me public ]~ealth. SECTION 4711. RECEPTACLE FOR FOOD WASTES - No person shall dump food wastes or other similar' substance in! anything except a tight container for holding garbage. Each such container shall be constructed of metal Or plastic, shall be water tight, shall be so constructed as to contain. not ~ than th ~nd na ~!~nore,;.~than sixt~e~ shape and~ ght a-s~ may be easily handled, provide. with handles on the outside thereof and with a tight" fitting. '~' metal or plastic cover; and it shall be the duty of each owner or manager of any boarding ~ouse, restaurant, hotel or eating place, every person occupying a dwelling house and every other person carrying on any sort of business' in connection with which garbage~ is co~only accumulated to keep a vessel or receptacle of the type as herein described for holding garbage. Small amounts of food waste which are reasonably free of water may be wrapped in Several thicknesses of paper and deposited with other solid wastes provided no odor, secretion, or other nuisance is created and provided such food wastes are protected from disturbance by animals. - SECTION 4712. RECEPTACLE FOR OTHER SOLID WASTES A. Every person occupying or having charge or control of any premises shall, in addition to the food waste receptacle .described in Section 4711, provide suitable containers or receptacles for the accumulation and collection of rubbish or waste material, each of which containers or receptacles shall have a maximum capacity of 35 gallons and shall weigh no more than 60 pounds when filled and set out for collection. Special bins designed for mechanical loading shall be exempt from the 60 pound weight restriction provided they are'used in accordance with the City approved regulations. B. Branches of trees, hedges, or shrubs, shall be cut in ~-... lengths of not over 4 feet and placed in containers as described above or, in lieu thereof, such branches or clippings may be tied in bundles not to exceed 50 pounds per bundle, provided, however, that no more than 6 bundles shall be set out for~ collection. All vacuum cleaner dust, sweepings, or ashes shall be placed in. enclosed containers. C. Every person occupying or'having charge or control of any premises shall cause such containers or receptacles to be emptied and all..,~food waste, rubbish or waste material removed from the premises and disposed of in some lawful manner at least once in each calendar week except as provided in Section 4713. SECTION 4713. DISPOSAL OF SPECIAL MATERIALS Every person occupying or having charge or control of any premises shall, at least once in each calendar month, collect and dispose of all debris, other than normal ]sousehold rubbish, including trees, logs, auto bodies, grass from renovating, sod,.dirt or similar material, and heavy or bulky objects, and all other waste not included in the meaning of SOLID WASTE as defined in Section 4700, which may have accumulated on his premises, provided that building or construction waste and debris need be removed only upon completion... ... of construction operations. Arrangements for collecting ~uch materia including building materials or construction waste and debris, may be ~ade with the Contractor servicing such area. An extra charge, as determined-by the Contractor, may be imposed for the collection of such material. SECTION 4714. PLACEMENT FOR COLLECTION Every person desiring to have solid waste material collected and removed from any premises shall place and keep the same in such receptacles as required by this Chapter, and shall place such receptacles along the street curb in front of the premises from which,such material is to be removed, or along the property line of the alley in the. rear or at the side thereof, according to the route approved by the City, along such street or such alley, on the days approved by the City for the collection of such · material on such route. No person shall place any receptacle_ -in any street, alley or other public way at any time or place other than as above provided, or before noon of the day preceeding the normal collection day, or allow any receptacle placed by him in any such street, alley, or public way, to be or remain therein or thereon for more than 12 hours after such receptacle has been emptied. Special bins shall be maintained or moved to a location prior to scheduled collection which is suitable for convenient collection or which has been agreed upon by the Contractor and user. SECTION 4715. AVOIDING COLLECTION CHARGE. No person, for the purpose of avoiding payment to any Contractor for collection and disposalof any solid waste material, or for the purpose of evading any limitation on any collection service as imposed by this Chapter, .shall place or cause to be placed any such solid waste material with 'that of any other household or any other premises. PART 'II: SOLID WASTE RESPONSIBILITIES - COLLECTOR SECTION 4720. HAULING OF SOLID .WASTE A. Food Waste. No person shall remove or convey any food waste upon or along any public-street, alley, highway or other public place except in water tight containers. Every such container shall, while the same contains food waste, be securely and tightly covered and closed in such a manner as to prevent the contents thereof, or any odor thereof from escaping. Every such container shall be thoroughly cleansed daily, and disinf_ected at least once during each week. Every vehicle carrying any such container shall be so loaded and driven that none of the contents thereof shall fall or escape therefrom. B. All Waste. All solid waste hauled by the Contractor shall be so contained, tied, or enclosed that leaking, spilling, or blowing are prevented. In the event of any spillage, the Contractor shall immediately clean .up the litter. C. Title to Waste. Title to all waste shall be vested in the Contractor upon being placed in his vehicle. D. Disposal. All solid waste for disposal shall be hauled to site or facility legally empowered by the County of Orange to accept it for treatment or disposal. SECTION 4721. REMOVAL LIMITED The City shall provide for the collection and disposal of solid waste material from all ~remises at least once each calendar week. Such provision may ~e made either by letting a contract for such collection and removal, or otherwise. The City and its duly authorized agents, servants and employees, or any Contractor with whom the City may contract therefor, and the agents, servants and employees of such Contractor, while any such contract shall .be in force, shall have the exclusive right to gather, collect, and remove solid waste material from all premises in the City (excludi~g State and Federal facilities). N6 person ~0'ther thaz~ t)~ono above specified shall gather, collect any solid waste mn~cerial from any premises or take any 'from any receptacle in which the same may. be placed fo~ collection or removal, or interfere with or disturb ~ such recep.ta~le,~ or remove any such receptacle from any location where the same is placed by the owner or occupant-~thereof, or ""~i!71'ii~'~ii'-'-'remove the 'c6]~ents of any~ such receptacle; P~0vi~e~-h~w~'ver, ~7~i~"z!~.~.~?~that noticing in this Chapter contained shall be deen~d to prohibit the occupant of any dwelling house from himself removing any such material accumulated on the premises, and disposing of the S~m~e in 'a 'l~hwful manner, or to prohibit such person from gathering, collec~ting, and removing or providing for the removal from. the premises any heavy or bulky objects or ~ebris as provided for in Section 4713. SECTION 4722. CONTRACTS FOR REMOVAL AUTHORIZED The Council may enter into contracts Ifor 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. The terms, as set forth in Part III shall be the minimum terms of any contract approved by the City Council. SECTI ON . 4723. COLLECTION '~ SCHEDULE The Cent.racier shall provide the City with maps and schedules of collection routes and keep such information current at ~lI times. It shall be the customer's responsibility to place his solid waste at the appropriate location for collection before the approved starting hour. In the event of changes in routes or schedules that will alter the day of pickup, the Contractor shall so notify each customer affected by mail or personal delivery not less than two weeks prior to the change. SECTION 472~. HOURS ~OF BUSINESS Collections shall' start at 7:00 a.m. and no collections shall be made between the hours of 8:00 p.m. and 7:00 a.m., nor on Saturday or Sunday provided that the City may waive such limitation when necessita~=Yd by conditions beyond the control of the Contractor. Each Contractor shall provide an office, a toll-free telephone and shall man the office between the hours of 8:00 a.m. and 5:00 p.m. on all collection days. Collections may be allowed outside of the aforedescribed Collection times by the City Administrator provided that the area served and the method of collection used will not disturb residential units in the area. The City Council may approve a waiver or mod- ification of the Collection hours if the Contractor can demonstrate ability or improved methods so as to operate at a substantially reduced noise level which will not disturb the normal rest of City residents. Such a waiver or modification shall continue only so long as the-Contractor can maintain such a standard of reducednoise pollution. SECTION 4725. CONDUCT OF OPEP4~TION Each Contractor shall ~so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area within which collections are effected. A. Complaints. All complaints shall be resolved within 24 hours. The Contractor shall supply the City with copies of ali con, plaints on a form approved by it and indicate the disposition of each. Such records shall be available for City inspection at all times during business hours. The form shall indicate the day and the hour on which the complaint was receiv.ed and the d. ay and the hour on which it was resolved. When a complaint is received on the day preceding a holiday or on a- ' Saturday, it shall be serviced on the next working day. B. Notification of Customers. The Contractor and City shall agree as to which will notify allcustomers about complaint procedures, rates, regulations, and day(s) of collection. C. Discontinued Service on Delinquent Accounts. The Contractor shall discontinue collection service at any-location asset forth in a written notice sent to him by the City. Upon further notification by the City, the Contractor shall resume collection on the next regularly scheduled collection day.: if authorized by his contract to bill the customer directly, the Contractor may discontinue service as set forth in this section. Persons who have not remitted required payments within 25 days after the date of billing shall be notified on forms approved by the City. Said form shall contain a statement that service may be discontinued 15 days fr.om the date of notice if payment is not made before that time. In the event the Contractor intends to discontinue a delinquent account,' he shall so notify the City at least 15 days prior.to the last day of collection. Upon-payment of the delinquent fees, the Contractor shall resume collection on the next regularly scheduled collection day. D. Emergency Service Vehicle. Each Contractor shall have available between the hours of 8:00 a. m. and 5:00 p. m. an emergency vehicle to take care of any complaints or emergencies which require i~,ediate attention. E. Refusal to Collect. When sufficient reason exists therefore and any garbage, rubbish or waste material is not collected by the Contractor, he may furnish, at his own expense, a tag at least 2 7/8" X 5 3/4" in size, on which is stated the reason for the refusal to collect, leaving such tag on the premises or affixed to the receptacle, or be may make personal contact with .~he customer and make a mutual arrangement for the collection. F."'?Leaving Containers". All containers shall be replaced in an upright position where found, but not in the roadway or on the sidewalk or on adjoining property. G. Littering. The Contractor shall not litter premises in the process of making collections, but he shall'not be required to collect material that has not been placed in approved containers or in a manner herein provided. ~. Performance. The Contractor shall faithfully and regularly pick up, collect and remove from the City all garbage, rubbish and waste material in accordance with this Chapter. The work shall be done in a prompt, thorough, lawful and workmanlike manner according to the contract and this Chapter. .SECTION 4726. CONTRACTOR PERSONNEL A. The Contractor shall assign a qualified person or persons approved by the City to be in charge of his operations in the City and shall give the name or names to the City; information regarding experience shall also be furnished. B. The City has the right to require that the Contractor's collection employees wear a clean uniform bearing the company's name. C. .Each employee .shal~, at all times, carry a valid operator's 'license for the type of vehicle he is driving. D. The City may request the dismissal of any employee of the Contractor ~o. violates any provision hereof, or who is wanton, negligent, or discourteous in the performance of his duties. E. The Contractor shall provide operating and safety training " for all personnel. At least one employee of each collection crew Sho'uld be trained in first aid if possible but each vehicle shall be ! "' .........:"'~q[~tl~'d'-' wi~h' ':a:-' first aid ~it ~ for each employee classification shall be provided to the City in an a~tachment to the bid document. G. ~No person shall be denied emp!oy~ent by the Contractor "~ for reasons of race, creed, or religion. --~ H. Employees of the Contractorshall have the right to organize l:and affiliate with recognized labor unions and to engage in collective bargainin~g negotiations. SECTION 4727. VEHICLE REGULATIONS. A. All trucks and equipment used within the City shall be maintained at all times ~n good mechanical condition, clean, uniformly painted,'and numbered. Each piece of equipment shall display a sign of the operating company and telephone number · n mz.ni~num letter of 3 inches. B. The Contractor shall not use any equipment'in the perfermance of a lcontract with the City which is older than 5 years in age unless by express approval of the City Council. All equipment shall be subject to inspection by the City and upon riotice given by the City, the Contractor shall make the equipment available for inspection. ..- -C. All truck bodies 'used. by the Contractor shall be constructed of m~tal. Each piece of equipment shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. PART III: COLLECTOR CONTPaCTS SECTION 4730. COMPLIANCfi WITH LAWS The Contractor, his agents and employees, shall comply with all laws, ordinances, rules and regulations of the State, County, this City, and all governing bodies having jurisdiction, applying- towork done or to be done under the contract. The Contractor must conform to and abide by all State and local laws, rules and regulations pertaining to the conduct of the operations. The contract, all terms, provisions and specifications thereof, and all duties and obligations imposed thereunder upon Contractor, his agents, employees or assigns, shall be subject to and conditioned on the provisions of this Chapter and all other applicable provisions of this Code, as from time to time amended. SECTION4731. INSUP~NCE REQUIRED A. The Contractor will indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees incident to~ any work done in the performance of this agreement. The City reserves the right to retain counsel of.its choice, or, in the alternative, approve counsel obtained by the Contractor. B. The Contractor at all times shall keep fully insured, at' his own expense, all persons employed 'by him in connection with the contract, as required by the Workmcn's Compensation Insurance and Safety Act of the ~tate, and shall hold the City free and harmless from all liabilities that may arise by reason of injuries to any employees of the Contractor who are injured while performing any work or labor necessary to carry out the provisions of the contract. The Contractor shall, during the life of the contract, keep on file with the City Clerk evidence that the Contractor is fully and properly insured as required by said Act. -- C. The Contractor shall at all times maintain in force public liability insurance for the protection of the City and the Contractor against claims for injury or death to any person or persons, or damage to any property, arising out of the performance of such contract. Such policy shall provide coverage of not less than $100,000-for the injury or death of one person, and $300,000 for the injury or death of 2 or more persons in the same accident or occurrence, and up to $25,000 for damage to or destruction of property. Such policy shall guarantee payment of any final judgment rendered against the Contractor or the City, within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such Contractor. The Contractor shall, during the life of the contract~ keep on file with the City Clerk evidence that the Contractor and the City are properly insured as required by this Section. Such policy shall further provide that the insurance coverage thereby afforded shall not be terminated or cancelled except upon 30 days' written notice to the City. D. The policies required by this Section shall be subject to the approval of the City Attorney as to their form and sufficiency. SECTION 4732. ASSIGNMENT ~o assignment of the Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express written consent of the City; in the event of any assignment, the assignee shall assume the liability of the Contractor. SECTION 4733. BOOKS AND RECORDS The Contractor shall keep records of wastes collected and charges therefore, and the City shall have the right to review those records which in any way pertain to the payments due him. All information so obtained shall be confidential and shall not be .released by the City unless ~xpressly authorized in writing by. the Contractor. Accounting records of the Contractor shall utilize the system recommended in the Bureau of Solid Waste Management publication An Accounting S~s~em for Solid Waste Collection (Public Health ~ervice Publ~ca~i~n"N~. 2033), or a similar type approved by the City. SECTION 4734. BANKRUPTC~ It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective o~ the day and at the time the bankruptcy petition is filed. ' SSCT O: 4735. Zm. TS AND L CZ SZS The Contractor shdtl obtai]~ at his own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. SECTION 4,736. CONTRACT COMPLETE The work to be furnished under the contract by the Contractor shall include the furnishing of all labor, materials and equipment necessary for the collection of solid waste materials originating. in the City at any premises. SECTION 4737. FAILURE TO PERFORM If the Contractor fails to collect materials herein specified for a period in excess of five (5) consecutive,-scheduled, working days or fails to operate-the system in a satisfactory manner, as- described by the attached ordinance, for a similar period, the City may move as follows (provided such failure is not due to war, insurrection, riot, Act of God, or any other cause beyond the Contractor's control): (1) at its option, after written notice to the Contractor as provided hereinafter, take over and operate any or all of the Contractor's equipment used in the Performance of this Agreement; (2) use and operate same itself until such matter is resolved and the Contractor is again able to carry out his operation under this Agreement. Any and all-operating expenses incurred by the City in so doing may be deducted by it from co- mpensation to the Contractor hereunder. During such period, the liability of the City to the Contractor for lo~s or damage tO such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. The liability of the Contractor to third persons shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City.. Provided, however, if the Contractor is unable for any cause to resume performance at the end of 30 calendar days, all liability of the City under this Agreement to the Contractor shall cease and the City shall be free to negotiate with other Contractors for the operation of said collection service. Such operation with another Contractor shall not release the Contractor herein of his liability to the City for such breach of this Agreement. In the event that this contract is so n'egotiated with a new Contractor or other Contractors, third party liability of the Contractor hereln shall terminate insofar as same arises from tortious conduct in operation of the collection service. In the event that the Contractor is responsible for billing the customer, the City ~hall have access to Contractor's records for the purpos~ of billing and shall retain all payments and funds received for the period during which the City provides service. SECTION 4738. FAITHFUL PERFORMANCE BOND A~y contract or franchise approved by The City Council which provides for direct billing by the Contractor in advance of service rendered shall contain a requirement for a faithful performance bond in the amount of three month's estimated gross receipts of business within the City limits._ Said bond shall be in a form and with a surety company approved by the City Attorney and shall be on file with the City Clerk. SECTION 4740. CUSTOMER FEES AUTIIORIZED The City Council may establish by resolution user fees to recover part or all of the cost of collecting and disposing of solid waste materials, said cost to include the expense of billing and collecting such fees. and reasonable overhead or management expenses. The billing frequency may be monthly, bi-monthly, quarterly or as -otherwise provided by resolution and shall be in advance =of the service period. SECTION 4741. CONTRACTOR COLLECTION OF CUSTOMER FEES The City Council may authorize by agreement, collection of customer fees by an independent contractor in which case the City Council shall establish by resolution maximum rates which may be charged for regular'service. For items requiring special handling due to size, weight, type of material, or method~of placement, the charges are to be negotiated between Contractor and Generator prior to collection. If agreement cannot be reached, the matter may be submitted to the City, and its~ ~ decision shall be binding. SECTION 4742. DELINQUENT ACCOUNTS Collection of delinquent accounts ~ay be enforced in the following manner: ,~-. A. Enforcement by discontinuance of service under Section ~- 4725 (C) of this Chapter. B. Levy of Resumption of Service charge before service is resumed.at-any location where service has been discontinued under Section 47,25 (C) of this Chapter. The amount of the Resumptio~ ~ .... of Service Charge shall be established 'by resolution of the City Council but shall not exc'eed ten dollars ($10.00). The R~sUmptlon of service charge shall be in addition to the collection of all amounts delinquent, including penalties, but shall not include. the-normal monthly pro-rata service charge for each complete 30 day period for which service has been discontinued and withh~la. (Penalties.shall none the less be computed on the basis of the original bill). In addition, if during a period of time in which service is discontinued as provided herein a surplus of solid .~ wastes is.accumulated on the premises which cannot be properly disposed of through resumption of routine service, a special materials charg.e maybe assessed as provided by Section 4741 of thi~ Chapter. C.. Requirement of a ~eposit not to exceed one quarter's normal service charge plus twelve percent (12%) for any account found to have a history of delinquency as evidenced by two delinquent bills in any one year period, three delinquent bills in any two year period, or four delinquent bills in any three year period. The deposit may"be used to recover any charges due the City or Contractoc (whichever is responsible for regular billing) which remain unpaid .'at the completion of one quarter's service.. The existence of said deposi~ shall not absolve the customer for full responsibility and liability for the normal fees, etc. ~'Tdi of t)~in C)~nptez. '- by an authorized City emp!oyo~ where deemed x~ccessary to accom[z~lish the intent of this Chapter, SECTION 4.743. COMPENSATION TO CONT~ICTOR The COntractor shall bill the City for ~ervice rendered within · ~en (10) days following the en~ cf each two n~onth period and the City shall pay the Contractor on or before the 25th day following the end of said period. Said billing and payment shall be based on the price rates and schedules set forth in the contract with any subsequent. revisions, In 'the event the Contractor is authorized and required to bill the customers directly~ he shall do so in accordance with an appropriate resolution of the City Council. SECTION 4744. CHANGE IN COST OF DOING BUSINESS The fees or compensation payable to the Contractor for the second and subs'equent years of the term hereof shall be adjusted 'upward or downward to reflect changes in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPI) published by the U. S. Depar~ent of Labor, Bureau 'of Labor Statistics~ for the Los Angeles-Long Beach area. At the st.art of the second year ~nd every six months thereafter, the fees or compensation shall be increased 'or decreased in a percentage amount equal to the net percentage change in the said CPI computed as follows (This section does not apply if the Contractor bills the customer): Beginning with the first month of the second year, the net change shall be the difference between the said CPI for the first month of the Agreement and the last month of the first year. Beginning with the Seventh month of the second year of this Agreement and every six months thereafter, the net change in the said CPI shall be the change for the preceding six-month period. SECTION 4745. UNUSUAL CHANGES OR COSTS The Contractor may petition the City for rate adjustments at reasonable times on the basis of unusual changes in his cost of.doing business, such as revised laws, ordinances, or regulations; Changes in location of disposal sites or changes in disposal charges, .etc. PASSED F~ND ADOPTED at a regular meeting of the City Council of the City of Tustin~ California, held on the 3rd day of April, 1972. ATTEST -- TY CLERK STATE OF CALIFOI~NIA) COUNTY OF ORANGE )SS RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin if five; that the above and fore- going Ordinance No. __5~O____was duly and regularly introduced and read at a regular meeting of the City Council held on the 'l 2n~h day of ~~ .... , 1972 , and was given its ~e~o~d r~'ading and duly passed and adopted at a regular meeting held on the '3_rd day of April , 1972-----' by the following vote: AYES: COUNCILMEN COCO~ C. MILLER~ MARSTERS, L. MILLER, OSTER NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE City of Tdstin,' Ca ~