HEALTH AND SAFETY

Chapter 8.12
GARBAGE COLLECTION AND DISPOSAL

8.12.010	Definitions.
8.12.020	Mandatory service.
8.12.030	Authorization by city council--Contract requirement.
8.12.040	Collector agreement--Contents.
8.12.050	Collector franchise fee.
8.12.060	Resolution of conflicts.
8.12.070	Permits and licenses.
8.12.080	Transfer of collector agreement.
8.12.090	Revocation of permit or collector agreement.
8.12.100	Interim suspension.
8.12.110	Notice of hearing--Revocation.
8.12.120	Appeals.
8.12.130	Council action.
8.12.140	Hours of collection.
8.12.150	Resource recovery.
8.12.160	Ownership of solid waste and recyclables.
8.12.170	Trespass.
8.12.180	Worker's compensation insurance.
8.12.190	Collector's liability insurance.
8.12.200	City to be free from liability.
8.12.210	Office for inquires and complaints.
8.12.220	Pre-collection practices.
8.12.230	Post-collection practices.
8.12.240	Residential premises--Care of containers.
8.12.250	Disposal and status of solid waste.
8.12.260	Commercial/industrial frequency of collection.
8.12.270	Commercial/industrial containers.
8.12.280	Commercial/industrial--Maintenance and placement of containers.
8.12.290	Commercial/industrial--Care of containers.
8.12.300	Commercial/industrial special circumstances.
8.12.310	Vehicle and Equipment Standards.
8.12.320	Prohibited activities.
8.12.330	Litter.
8.12.340	Transfer of loads on public streets.
8.12.350	Violations of garbage collection and disposal regulations.
8.12.360	Mandatory collection fee.
8.12.370	Rates.
8.12.380	Residential householder exclusion.
8.12.390	Gardener's exclusion.
8.12.400	Commercial/industrial exclusions.
8.12.410	Contractors' exclusions.
8.12.420	Document destruction service.

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8.12. 010 Definitions.

A. For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

"Bulky goods" means oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.

"City manager" means the city manager of the city of Hermosa Beach ("city") or the city manager's designee.

"Collection" means the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables.

"Collector" means any person: (a) who has been awarded an exclusive contract to provide residential or commercial/industrial solid waste or recyclables collection services in the city, or (b) who has been issued a permit or nonexclusive contract to provide solid waste handling services to state facilities.

"Commercial/industrial business owner" means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

"Commercial/industrial collector" means a collector which collects solid waste and recyclables from commercial/industrial premises.

"Commercial/industrial premises" means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and includes, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple dwelling containing five or more dwelling units, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

"Construction site" or "demolition site" means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

"Construction or demolition waste" means any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Disposal" means the complete operation of treating and disposing of solid waste after the collection thereof.

"Exclusive solid waste handling services" means any action by the city council, whether by franchise, contract, license, permit or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.

"Green waste" or "yard waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste. "Compostable materials" does not include stumps or branches exceeding four inches in diameter or four feet in length.

"Hazardous waste" means and includes waste defined as hazardous by Public Resources Code Section 40141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:

1. Cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;
2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency ("EPA") or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

"Holiday" means:

• New Year's Day;
• Memorial Day;
• Independence Day;
• Labor Day;
• Thanksgiving Day;
• Christmas Day.

"Holiday" also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector's employees, provided the holiday is established or recognized by resolution of the city council.

"In the city" or "within the city" means within the limits of the city as such limits exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the city.

"Manure" means the waste droppings from any animal.

"Person" means any individual, association, firm, partnership, corporation or any other group or combination thereof acting as a unit.

"Processing" means the reduction, separation, recovery and conversion of solid waste.

"Public agency" means any governmental agency or department thereof, whether federal, state or local.

"Recyclables" means materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon, such as: glass bottles and jars - any food or beverage container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one-gallon size; PET-plastic soda bottles or other bottles with the designated "PET" symbol; HDPE - plastic milk and water bottles with the designated "HDPE" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard - separated and not having waxed surfaces; computer print out (excluding carbon); and white ledger - white bond paper, office paper, white envelopes (excluding coated paper); as the city council may designate from time to time.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

"Recycling container" means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.

"Residential collector" means a collector which collects solid waste and recyclables from residential premises.

"Residential householder" means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

"Residential owner" means the owner of any residential premises within the city.

"Residential premises" means any residential dwelling unit within the city, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobilehome parks, except any multiple dwelling containing five or more dwelling units.

"Resource recovery" means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. "Resource recovery" includes, but is not limited to, transformation, composting and multi-material recycling.

"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided, however, that "solid waste" shall not include hazardous waste.

"Solid waste container" means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

"Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

"Solid waste handling services" means the collection, transportation, storage, transfer or processing of solid wastes for residential or commercial/industrial users or customers.

"Standard commercial/industrial solid waste container" means a state-of-the-art bin or solid waste container used in connection with commercial/ industrial premises with a two-, three-, four-, six- or eight-cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/ industrial premises being served, a fifteen (15), twenty-five (25), thirty (30), forty (40) or fifty (50) cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.

B. Nothing contained in this section shall be deemed to preclude the city and any solid waste enterprise from incorporating into any agreement for exclusive solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein. (Ord. 95-1132 § 1, 1995: prior code § 27A-1)

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8.12. 020 Mandatory service.

A. All solid waste collected from residential or commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive contract awarded by the city council ("authorized collector").

B. No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.

C. Except as otherwise provided in this chapter, each residential owner and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the city council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the authorized collector, except as otherwise provided in this chapter.

D. Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclusive contract between the city and the authorized collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.1)

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8.12. 030 Authorization by city council--Contract requirement.

The city council may authorize, by contract, a solid waste enterprise to provide solid waste handling services for residential, commercial/ industrial users or customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.

No person shall collect or dispose of solid waste or recyclables in the city unless that person has entered into a contract (the "collector agreement") with the city, except as otherwise specifically provided in this chapter. Any such contract shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the city. Collectors operating in the city on the effective date of this chapter under a permit or a nonexclusive contract agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2)

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8.12. 040 Collector agreement--Contents.

The terms and provisions of any collector agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

C. The nature, scope and duration of the agreement;

D. The collection schedule, including the frequency, days and hours of collection;

E. The applicable franchise fee, including the amount, method of computation, and time for payment;

F. The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same;

G. Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements;

H. The receipt, processing and reporting of customer inquiries and complaints;

I. The collection of solid waste from publicly owned property and facilities;

J. Performance standards for the collector's personnel and equipment;

K. Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;

L. Standards and procedures for periodic performance reviews by the city;

M. Noise attenuation policies and procedures;

N. The maintenance by the collector of an office for the conduct of business;

O. Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclables, and resource recovery;

P. Requirements relating to comprehensive liability insurance and workers' compensation insurance;

Q. Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;

R. Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;

S. Requirements relating to performance bonds and to indemnification;

T. Requirements relating to affirmative action programs;

U. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records;

V. Requirements relating to the assignment, transfer and renewal of the agreement;

W. Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the city of state-mandated programs, including, without limitation, the city's source reduction and recycling element and the city's household hazardous waste element;

X. Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collector agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.1)

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8.12. 050 Collector franchise fee.

Each collector shall pay a franchise fee in an amount determined by resolution of the city council or established in the collector agreement authorizing the collection of solid waste or recyclables. (Ord. 95-1132 § 2 (part), 1995: prior code § 27-2.2)

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8.12. 060 Resolution of conflicts.

In the event of any conflict between the provisions of a collector agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the collector agreement shall control. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.3)

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8.12. 070 Permits and licenses.

Every collector shall obtain and maintain at all times during the collector's operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.4)

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8.12. 080 Transfer of collector agreement.

No permit or collector agreement which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or the majority of the ownership or control in the collector, and the transfer of a majority of stock in collector to another person. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.5)

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8.12. 090 Revocation of permit or collector agreement.

After a hearing as provided in this chapter, the city manager may revoke or suspend any collection permit or collector agreement for violation of a provision of this chapter or any other applicable law, ordinance or regulation of any public agency. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.6)

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8.12. 100 Interim suspension.

The city manager, without a hearing, may suspend a collector agreement or a permit for not more than sixty (60) days, if the city manager finds that continued operation by the collector will constitute a threat to the public health, safety or general welfare. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.7)

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8.12. 110 Notice of hearing--Revocation.

The city manager shall mail notice of a hearing to revoke a collection permit or collector agreement to the collector not less than fifteen (15) days prior to such hearing. In the event of the revocation of a collector agreement or a permit, the city manager shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.8)

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8.12. 120 Appeals.

Within fifteen (15) calendar days after notice by the city manager of revocation of a collection permit or collector agreement has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.9)

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8.12. 130 Council action.

The city council may either affirm the action of the city manager, send the matter back to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in Section 8.12.090. Notice of such hearing shall be sent to the collector not less than fifteen (15) days prior to the hearing. (Ord. 95-1132 § 2 (part), 1995: prior code § 27A-2.10)

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8.12. 140 Hours of collection.

A. No collection within the city shall be made between the hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday.

B. No delivery or removal of containers by a collector may be made between the hours of six p.m. and seven a.m. the next day.

C. The city manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.4)

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8.12. 150 Resource recovery.

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.5)

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8.12. 160 Ownership of solid waste and recyclables.

Subject to Public Resources Code Section 41950(c), at such time as the solid waste or recyclables are collected by the collector, the solid waste or recyclables are the property of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.6)

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8.12. 170 Trespass.

No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.7)

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8.12. 180 Worker's compensation insurance.

Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the manager showing the insurance to be in full force and effect at all times the collector shall have a permit issued by the city. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.8)

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8.12. 190 Collector's liability insurance.

Each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in the sum of ten thousand dollars ($10,000.00) combined single limits. These limits shall be subject to annual review by the city for the purpose of reasonably adjusting to current insurance conditions and requirements. A greater amount may be required in the collector agreement. The insurance shall provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, shall be procured from an insurer authorized to do business in the state of California, shall name the city and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to city thirty (30) days' prior written notice. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.9)

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8.12. 200 City to be free from liability.

Any collector or person who collects, transports, or disposes of solid waste or recyclables within the city shall indemnify, defend and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation or disposal of solid waste or recyclables by that person. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.10)

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8.12. 210 Office for inquires and complaints.

A. Any collector with a collector agreement shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the city, and shall at all times during the hours between seven a.m. and five p.m. of each weekday and between seven a.m. and five p.m. on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the city.

B. The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/compliant, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the city. Such log of complaints and other records pertaining to solid waste and recyclables collection and disposal shall be open to the inspection of the city at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this section are conditions to any permit or collector agreement which is awarded by the city. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.11)

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8.12. 220 Pre-collection practices.

A. Approved Refuse Containers. It shall be the duty of every owner or occupant of a residence or commercial establishment to provide and maintain, in sanitary condition, at least one approved refuse container; however, additional approved containers shall be provided as deemed necessary to contain all refuse generated from said location between days of collection. "Approved refuse containers" shall be defined from time to time by the council through resolution.

B. Refuse Containers to be Marked.

• 1. It shall be the duty of every person owning or using a refuse container to print or mark, or cause to be printed or marked, thereon in figures at least two inches in height and clearly and readily legible the house number or business address to which the container belongs. It shall be the duty of such person to cause such number or address to be kept plainly marked thereon at all times.
• 2. Unmarked containers shall be considered unclaimed property when left on a public right-of-way past ten a.m. of the day following the regular day of collection. Such containers shall be impounded and disposed of in a manner considered appropriate by the administrative authority.

C. Storage of Containers. All residential and commercial structures constructed after 1973 shall be required to provide an enclosure for the storage of trash and rubbish receptacles and containers. All residential and commercial structures constructed prior to 1973 shall have two calendar years from the date of adoption of this chapter (March 8, 1977) to provide refuse container enclosures in accordance with the provisions stated herein. Where such refuse or rubbish container enclosures have been constructed, all containers shall be placed therein.

• 1. Residential. Storage facilities for residences shall include an area sufficient for three thirty-five (35) gallon capacity refuse containers. Such storage facilities shall be provided in any one of the following ways:
• a. Attached to the outside of the structure on privately owned property, enclosed on all sides by suitable screening of not less than four feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or
• b. Constructed within the building structure; or
• c. A separate structure enclosed on all sides by suitable screening of not less than four feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or
• d. Within an accessory building such as a garage or storage shed, or within a primary structure in a service porch-type area.
• Commercial bins or receptacles may be used in place of individual thirty-five (35) gallon containers for multiple-dwelling units if the capacity of such commercial bins or receptacles equals or exceeds the amount of thirty-five (35) gallon refuse containers that would otherwise be required by this section.
• 2. Commercial. Storage facilities for commercial establishments shall include an area sufficient to enclose commercial lift container(s). Such storage facilities shall be provided in any one of the following ways:
• a. Attached to the outside of the structure on privately owned property, enclosed on all sides by suitable screening of not less than five feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated; or
• b. Constructed within the building structure; or
• c. A separate structure enclosed on all sides by suitable screening of not less than five feet in height or similar type of structure so that the same shall not be open to public view, one side of which may be opened as a gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately ventilated.
• Storage enclosures built in accordance with subsection C(2)(a), (b)( or (c) of this section shall be constructed so as to facilitate the removal and replacement of approved commercial refuse containers without causing damage to said container.
• 3. Owners of commercial establishments that have been determined unsatisfactory by the administrative authority for the placement of approved commercial refuse containers shall comply with the storage enclosure requirements as determined appropriate by the administrative authority.
• 4. Every owner, occupant and person responsible for management of premises shall keep refuse containers, when not set out for collection of refuse, in an area where such containers are screened from view from any point at grade outside the property where said containers are stored. Where no container storage area is available which would be screened from view, then a suitable container storage structure shall be constructed.
• 5. Storage areas in commercial establishments, when fire spread potential exists, shall be provided with a sprinkler system in accordance with the relevant provisions of the fire prevention code of the city.

D. Location of containers for collection. Refuse containers shall be placed for collection in the location and manner as follows:

• 1. Where there is an alley, other than a blind alley, in the rear of the premises where refuse is offered for collection, the containers shall be placed in the alley in a convenient place for the collector immediately adjacent to the property line only during the hours fixed for collection.
• 2. Where there is no alley in the rear of the premises or where the only alley in the rear of the premises is a blind alley or an alley not served by the collector, the containers shall be placed on the curb adjoining the premises in a convenient place for the collector only during the hours fixed for collection.
• 3. Commercial refuse containers shall be placed within the property boundaries of commercial establishments and multiple-dwelling units utilizing commercial refuse containers except where space and accessibility prevent such placement during the period of two years following adoption of this chapter. During said two-year period, the exact location of said containers outside the boundaries of commercial establishments shall be subject to the approval of the administrative authority.
• 4. In the event that undue problems arise as to the placement of refuse for collection, the administrative authority shall decide upon the final placement of refuse for collection.

E. Exception. When in the public interest and agreed to by the applicant, the planning commission may, without publishing, posting or mailing of notice consider and render decisions on exceptions to this section involving the location, size and slight modifications to the requirements for refuse containers, not to include the removal or location within a public right-of-way. In granting an exception, the planning commission shall make the following findings:

• 1. There are exceptional or extraordinary circumstances or conditions applicable to the subject property involved;
• 2. Such an exception is necessary for the preservation and enjoyment of a substantial property right of the applicant and the exception authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity; and
• 3. The granting of the exception will not be materially detrimental to the public health, safety, convenience and welfare or injurious to property and improvement in the same vicinity in which the property is located.

Application for an exception shall be filed by the owner of the property, or by the authorized representative of the owner, and shall be made to the planning commission on forms furnished by the planning department and shall be full and complete, including such data as may be prescribed by the planning director to assist in determining the validity of the request. When the application for an exception is filed, a uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings. Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it.

The decision of the planning commission shall be final unless appealed to the city council. Such appeal shall be filed with the city clerk within ten days after the decision, and shall be placed on the agenda of the city council at a regular meeting within thirty (30) days of the appeal. The city council shall review the application and shall approve, approve with conditions deemed necessary to protect the public health, safety and welfare, or disapprove it, based on the findings listed above. (Prior code § 27A-3)

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8.12. 230 Post-collection practices.

A. Removal of Refuse Containers. Any person who places refuse container(s) for collection in an alley or upon a curbside shall remove all containers from the area where the collection was made by ten a.m. of the morning following the regular day of collection. Containers not timely removed as set forth above shall be deemed unclaimed property and shall be removed by the city, impounded and disposed of in a manner considered appropriate by the administrative authority.

B. Maintenance of Abutting Street or Alley. Prior to and following collection, it shall be the duty of every property owner placing refuse at curbside or in an alley for collection, to maintain the sanitary condition of the street or alley abutting his property from the property line to the curbside or from the property line to the center line of the alley. (Prior code § 27A-4)

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8.12. 240 Residential premises--Care of containers.

Upon collection, all solid waste containers shall be replaced, by the collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.12)

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8.12. 250 Disposal and status of solid waste.

The collector shall collect and dispose of all solid waste generated and presented for collection in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with applicable federal, state and local laws and regulations and any controlling permit or collector agreement between the collector and the city. All solid waste collected by a collector shall be the exclusive property of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.13)

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8.12. 260 Commercial/industrial frequency of collection.

The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.14)

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8.12. 270 Commercial/industrial containers.

A. Every commercial/industrial business served by a collector shall have the option to:

• 1. Provide the necessary container or containers to accommodate solid waste generated from the commercial/industrial business; or
• 2. Use the standard commercial/industrial solid waste container or containers provided by the collector, which containers are compatible with the collector's collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine by private agreement who is to provide the container.

B. Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall:

1. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector's business name and telephone number, in a color contrasting with the background color of the container; and

2. Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.15)

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8.12. 280 Commercial/industrial--Maintenance and placement of containers.

Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.16)

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8.12. 290 Commercial/industrial--Care of containers.

Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.17)

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8.12. 300 Commercial/industrial special circumstances.

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal court of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/ industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the collector do not agree as to the methods for service provided for in this section, the city manager shall determine the method of service. If the collector is unable or unwilling to provide such service, the city manager may authorize the business owner to use another solid waste enterprise for such special service until the collector can provide such service in its normal course of business. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.18)

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8.12. 310 Vehicle and Equipment Standards.

A . Vehicle Identification. No person may operate any vehicle for the collection of solid waste or recyclables other than a collector who has a valid business license and solid waste collection collector agreement or permit and who has paid all required license, collector agreement, permit or other city charges. Each vehicle used by the collector shall have an identification number printed or painted in legible numbers not less than five inches in height in plain sight from four directions.

B. Vehicle Standards. Any vehicle utilized for the collection, transportation or disposal of solid waste and/or recyclables shall comply with the following standards:

• 1. Each vehicle shall be constructed and used so that no solid waste, oil, grease or other substance will blow, fall or leak out of the vehicle.
• 2. A broom and shovel shall be carried on each vehicle at all times.
• 3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency.
• 4. Each vehicle must be under seven years of age unless specifically authorized in writing by the city manager.
• 5. Routine inspections by the California Highway Patrol shall be conducted annually and certificates for the inspection shall be filed annually with the city manager.
• 6. All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the city manager.
• 7. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers.
• 8. The collector's name or firm name and telephone number shall be printed or painted in legible letters not less than five inches in height on both sides of all of collector's vehicles used in the city.
• 9. High intensity fog lamps shall be maintained on any vehicle eighty (80) inches or wider, which shall consist of two red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than fifty (50) feet.
• 10. All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation.
• 11. As the collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the city manager.

C. Operation of Equipment. All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable federal, state and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the city.

D. Compliance with Vehicle Standards. Any vehicle used in the collection or transportation of solid waste in the city shall, at all times, be maintained in accordance with all the standards set forth in subsection B of this section. The use of a vehicle which fails to comply with each of the standards set forth in said subsection is prohibited. A collector shall immediately remove any vehicle from collection service which fails, at any time, to conform to any of the standards recited in said subsection and shall not use that vehicle until it is repaired. Should the city manager give notification at any time to a collector that any of the collector's vehicles is not in compliance with the standards of this chapter, the vehicle shall be immediately removed from service by the collector. The vehicle shall not again be utilized in the city until it has been inspected and approved by the city manager. The collector shall maintain its regular collection schedule regardless of the repair of any vehicle. (Ord. 95-1132 § 5, 1995: prior code § 27A-5)

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8.12. 320 Prohibited activities.

A. It is unlawful for any person to interfere with the collection, conveyance or disposal of refuse by the city or its franchisee.

B. No person, except the city or a franchised private collector with authorized permit, shall gather, collect or transport refuse within the city and exact charges for such service.

C. It is unlawful to deposit refuse within or upon another person's property without the consent of the owner of said property.

D. It is unlawful for any property owner or occupant to allow refuse and debris to be scattered or accumulate upon public rights-of-way abutting his property.

E. It is unlawful for any person to cause to be placed for collection any refuse which does not conform to standards set forth in this chapter, or standards set forth in subsequent resolutions.

F. It is unlawful for any person to place for collection any refuse from outside the city.

G. It is unlawful for any person to scavenge materials from residential occupancies or from commercial occupancies with an established recycling program. Salvaging of recyclable materials from public refuse receptacles which are not part of an established recycling program is permissible.

H. It is unlawful for any person other than an officer of the city, or the owner, or the employee of an authorized franchised private collector, to interfere in any manner with any residential or commercial containers, including recycling containers or to remove any residential or commercial containers including recycling containers from the location where the same was placed by the owner thereof.

I. It is unlawful for any person to deposit, bury or burn refuse in the city or to permit such activity to occur.

J. It is unlawful for any person to cause or permit refuse to accumulate at any place or premises under his charge or control for a period in excess of one week.

K. It is unlawful for any property owner to allow any portion of his property to become a breeding place for flies, wild rodents or other pests. (Prior code § 27A-6)

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8.12. 330 Litter.

Any person who deposits or causes to be deposited any solid waste or recyclables on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.2)

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8.12. 340 Transfer of loads on public streets.

No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. (Ord. 95-1132 § 6 (part), 1995: prior code § 27A-10.3)

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8.12. 350 Violations of garbage collection and disposal regulations.

Violations of the provisions of this chapter are subject to the administrative penalty provisions of chapter 1.10. (Ord. 07-1281, Sept. 2007)

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8.12. 360 Mandatory collection fee.

1. In order to protect the health, safety and welfare of the residents of the city, the charges (including bin rental where applicable) for collection of garbage, rubbish and other refuse shall be billed in advance either by the city or its franchisee to each owner(s) of record of all premises where refuse is produced or generated. Said billing shall be in the manner and frequency as established by the city either by resolution or by contract with its franchisee. The city may adopt such billing and collection procedures as are deemed necessary and appropriate.

   1. If an owner of record fails to pay a service bill by the date set by the city council by resolution establishing such procedures or by contrast with its authorized franchisee, the owner of record will be sent a notification of such delinquency which shall include a penalty fine of ten dollars ($10.00), and the owner of record shall be assessed an additional ten dollars ($10.00) penalty fine for every succeeding thirty (30) days of delinquency. Said notification shall be sent by the franchisee.
   2. Each successive billing period established above shall include the accumulated unpaid charges in a delinquent account for collection and disposal of refuse, as well as the accumulated penalties. Those owners of record who receive such notice shall not invalidate any action taken by the franchisee or city under this section.
   3. Should the owner of record fail or refuse to pay the fee assessed for collection of garbage, rubbish or other refuse as provided in this section, the individual in charge of such collection shall advise the city manager of such refusal. The failure to pay would, except for the provisions hereof, result in the noncollection of garbage, rubbish or other refuse, which condition the council determines and declares would be a threat to the public health, safety and welfare and which condition, if permitted to exist, is declared to be a public nuisance. In the event of nonpayment, the city manager shall direct the contractor or franchisee to continue to provide service, and the past-due billings, including penalties and expenses and charges for collecting such billings, shall be assessed against the property as provided in this section. The franchisee shall continue to collect garbage, rubbish and refuse in cases of nonpayment when directed to do so by the city manager.
   4. All costs incurred in collection of unpaid charges shall be recoverable by the city and charged against the property from which the garbage, rubbish or refuse was collected.
   5. The city manager shall direct a notice to the property owner where unpaid charges are pending, at the address shown on the latest tax roll, setting a date, time and place for a hearing before the administrative appeals board of the city at which the board shall review all unpaid charges and make a recommendation to the city council whether such charges should be charged against the property. The city manager shall thereafter direct a notice to the owner(s) of record where unpaid charges are pending, setting a date, time and place for a public hearing before the city council at which the administrative appeals board's recommendation shall be considered and all unpaid charges shall be reviewed. Any property owners shall have the right to appear at the public hearings before the administrative appeals board and before the city council.
   6. At the conclusion of its public hearing, the city council shall determine and approve, as an assessment against the property, all past-due billings and penalties due to the date of said hearing, together with the costs incurred in collecting the unpaid charges. If the total assessment determined and approved by the council is not paid within ten days after the determination by the council, the delinquent account shall be submitted to the county assessor for inclusion as a special assessment against the parcel. The assessment shall be collected at the same time and in the same manner as county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.
   7. The membership in terms of the administrative appeals board shall be established by resolution of the city council.

2. Alternative Billing Procedures--Payment by Tenant. Upon the written application of the owner of any premises, filed on a form supplied by the city manager or his designee, the city may bill the occupant of the premises where the occupant is other than the owner. In such case, it shall not be necessary to send a separate bill to the owner. The owner shall continue to be responsible for the payment of such bills even though no bill has been received, and delinquent accounts will still result in penalties and establishment of a lien against the property pursuant to the provisions of subsection A of this section.

   1. The application shall set forth the address of the property, the name of the occupant, and the name and address of the owner, and shall include a statement signed by the owner acknowledging continuing responsibility for payment of such bills in the event that the occupant fails to make timely payment in full.
   2. The city manager shall approve such application unless there is at the time an unpaid balance due and owing on the account of the subject premises
   3. An application, once approved, shall remain in effect until such time as:
      1. The owner withdraws the application; or
      2. Ownership of the property is transferred, in which case the new owner may submit a new application; or
      3. It is determined that the application included false or misleading information; or
      4. The account is delinquent for two consecutive quarters, in which case the city manager shall not approve a new application for a period of one year after the date of revocation of the application.
   4. If an occupant fails to pay a service bill, the owner shall be sent a notice indicating that the account is delinquent and a penalty has been assessed against the account pursuant to subsection A of this section.
   5. A separate application is required to be filed for each premises for which a separate billing account is maintained.

3. Exemptions.

   1. Under certain circumstances, residential premises may be granted an exemption from the mandatory provisions set forth herein. If those circumstances exist or if other cause exists to justify an exemption from the mandatory provisions, the owner of such residential premises shall apply to the city manager for an exemption. The following circumstances shall ordinarily constitute the basis for an exemption:
      1. Residential premises upon which no habitable structures are located; or
      2. Residential premises which will remain unoccupied for at least one full month, including property upon which habitable structures are being constructed or significantly remodeled; or
      3. Such other special circumstances as determined by the city manager to warrant the granting of an exemption from the mandatory provisions of this section. In granting such exemption, the city manager shall be governed by written policies which the city council may from time to time adopt, relative to the circumstances under which an exemption may be granted.
   2. Any property owner who applies for an exemption from the mandatory collection fee provisions shall provide adequate information supporting such request, and any misstatements or misrepresentations with respect to the justification for such exemption will void the application, if not yet approved, or the exemption, if already granted, and subject the property owner to a fine in an amount to be established by the city council.
   3. An exemption shall be valid only as to a specified service period, and new application must be made for an exemption for any subsequent period. (Prior code § 27A-8)

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8.12. 370 Rates.

The city council may, by resolution, establish rates to be charged to residential householders or owners and to commercial/industrial business owners for the collection of solid waste and recyclables. The city council may, by resolution, establish or adjust the rates charged by those collectors which, upon the effective date of this chapter, are operating in the city pursuant to permits or nonexclusive contract agreements. No collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the city council, unless otherwise authorized in this chapter. Every commercial/ industrial business owner and residential householder or owner shall pay the rates established from time to time by the city council for collection services rendered pursuant to this chapter in the manner set forth in Section 8.12.360. The city council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial collector. (Ord. 95-1132 § 4, 1995: prior code § 27A-8.1)

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8.12. 380 Residential householder exclusion.

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the residential collector with a collector agreement, to haul or transport such materials to a transfer station or landfill. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.1)

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8.12. 390 Gardener's exclusion.

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.2)

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8.12. 400 Commercial/industrial exclusions.

A. Source Separated Recyclables.

• 1. No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, wornout or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). "Source separated recyclables," within the meaning of this section, means recyclables separated on the commercial/ industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value.
• 2. No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this subsection for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this code, whether in the form of a business license, a business permit, or a nonexclusive contract agreement.

B. Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/ industrial business owner from arranging for any worn, spent or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/ industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.3)

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8.12. 410 Contractors' exclusions.

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive contract collector shall have the right of first refusal to provide such services. If the exclusive contract collector cannot guarantee that such services will be provided within a period of twenty-four (24) hours, then the city manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.4)

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8.12. 420 Document destruction service.

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. (Ord. 95-1132 § 5 (part), 1995: prior code § 27A-9.5)

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