HomeMy Public PortalAboutOrdinance 1108ORDINANCE NO. 1108
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BEAUMONT, CALIFORNIA, REPEALING
CHAPTER 8.12 — "MANDATORY SOLID WASTE
COLLECTION AND DISPOSAL" OF THE BEAUMONT
MUNICIPAL CODE AND REPEALING CHAPTER 8.14 —
"MANDATORY RECYCLING REQUIREMENTS FOR
COMMERCIAL FACILITIES" OF THE BEAUMONT
MUNICIPAL CODE AND ADDING CHAPTER 8.12 —
"SOLID WASTE MANAGEMENT" TO THE BEAUMONT
MUNICIPAL CODE.
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to
make and enforce within their limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and,
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public
Resources Code §§ 4000 et seq.) established a solid waste management process that requires
cities and other local jurisdictions to adopt and implement plans to reduce the amount of solid
waste generated within their jurisdiction and to maximize reuse and recycling; and,
WHEREAS, AB 939 states that the frequency of solid waste collection, the means of
solid waste collection and transportation, levels of services, charges and fees for services, and
the nature, location and extent of providing solid waste services, are matters of local concern;
and,
WHEREAS, AB 939 expressly allows cities to provide solid waste services to its
residents by its own forces or by authorizing a private entity to provide those services; and,
WHEREAS, AB 1826, effective January 1, 2015, and AB 1383 amended the Act to
include provisions regarding organic waste recycling; and
WHEREAS, AB 1594, commencing January 1, 2020, amended the Act to provide that
the use of green material, as alternative daily cover does not constitute diversion through
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recycling and would be considered disposal for purposes of the Act; and
WHEREAS, AB 341 amended the Act to, among other things, require commercial waste
generators to arrange for recycling services; and
WHEREAS, when cities confer the authority to provide solid waste handling services
on private entities, they may do so by the award of a franchise, contract, license or other means;
and,
WHEREAS, the existing Chapters 8.12 and 8.14 of the Beaumont Municipal Code
implement Article XI, § 7 of the California Constitution and AB 939 in the City of Beaumont
and protects public health and safety by authorizing the City Council to provide solid waste
handling service itself or to award one or more franchises (or licensed haulers) to private entities;
and,
WHEREAS, the owner or other person in charge of a premises that is eligible for cart
service from a solid waste franchisee may elect to self -haul their solid waste, recyclable materials
and organic waste to a disposal facility in lieu of arranging for solid waste handling services
from a franchisee; and,
WHEREAS, Chapter 8.12 was adopted on November 20, 2007, by Ordinance No. 921
and Chapter 8.14 was adopted on October 5, 2010, by Ordinance No. 976; and,
WHEREAS, to simplify the City's Municipal Code provisions concerning solid waste
and facilitate its use, the City desires to amend combine the general requirements of Chapters
8.12 and 8.14 of the Beaumont Municipal Code, and
WHEREAS, this Ordinance repeals Chapters 8.12 and 8.14 of the Beaumont Municipal
Code, and adds a new Chapter 8.12, as set forth in Exhibit A attached hereto, to the Beaumont
Municipal Code, to reflect changes in the law, including the changes concerning AB 1826, AB
1383, AB 341, and AB 1594.
WHEREAS, California Constitution Articles XIII(C) and XIII(D), commonly known as
"Proposition 218," regulates a public agency's imposition of certain fees for property -related
services provided by the public agency. Proposition 218 does not restrict or regulate what a
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private profit -making entity may charge for property -related services provided by a private
entity; and
WHEREAS, the rates and fees established by a solid waste franchisee pursuant to this
proposed Ordinance are not subject to Proposition 218 because, among other reasons, the solid
waste franchisee independently establishes, charges and collects the fees and rates for its service;
owners of single-family residential premises may avoid the imposition of such fees and rates by
obtaining a self -haul permit; and owners of any property in the City may avoid the imposition of
such fees and rates by leaving their property undeveloped or unoccupied.
WHEREAS, on May 7, 2019, the City Council unanimously approved a Collection
Services Agreement for the Provisions of Residential and Commercial Garbage, Recyclable
Materials and Organic Waste Collection Services Between the City and USA Waste of
California, Inc. d.b.a Waste Management of the Inland Empire ("Agreement"). The Agreement
will go into effect on July 1, 2019.
WHEREAS, to ensure compliance with the law and that there is no gap in solid waste
services available to City residents, tenants, and visitors, it is critical that this proposed ordinance
be in effect when the City's new franchise Agreement with Waste Management of Inland Empire
becomes effective.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: RECITALS AND FINDINGS
The City Council of the City Of Beaumont finds the recitals set forth herein to be true
and correct, and incorporates the recitals as findings of the City Council. The City Council
further finds and determines that this urgency ordinance is necessary to protect the public peace,
health and safety of the City's citizens and residents based upon the information contained in the
written staff report accompanying this ordinance, as well as the information provided at the June
4, 2019 City Council meeting.
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SECTION 2: REPEAL OF CHAPTERS 8.12 AND 8.14 AND ADDITION OF CHAPTER
8.12.
Chapters 8.12 and 8.14 of the Beaumont Municipal Code are hereby repealed, and
Chapter 8.12, as set forth in Exhibit A, attached hereto and incorporated herein, is added to the
Beaumont Municipal Code.
SECTION 3: SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect on July 1, 2019.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Beaumont, California, held on the 4th day of June, 2019.
AYES: White, Lara, Santos, Martinez
NOES
ABSENT: Carroll
ABSTAIN
Attest:
City Clerk
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ARTICLE I.
ARTICLE II.
ARTICLE III.
ARTICLE IV.
ARTICLE V.
ARTICLE VI.
ARTICLE VII.
EXHIBIT "A"
Chapter 8.12 - SOLID WASTE MANAGEMENT
GENERAL PROVISIONS
SOLID WASTE MANAGEMENT
FRANCHISES
SELF -HAULING
RECYCLABLE MATERIALS, GREEN WASTE AND C&D MATERIALS
PROHIBITED ACTS
ENFORCEMENT
ARTICLE I. — GENERAL PROVISIONS
Sec. 8.12.010 — Purpose; Findings.
Sec. 8.12.020 — Definitions.
Sec. 8.12.010 — Purpose; Findings.
A. Purpose. The management and proper disposal of Solid Waste is a matter of
great importance to the City, its citizens, visitors, property owners and
businesses. The City finds that the public health, safety, and well-being require
the generation, accumulation, handling, collection, transportation, conversion and
disposal of Solid Waste be controlled and regulated by the City through the
comprehensive system provided in this Chapter. This Chapter is intended to
ensure Solid Waste Handling Services are readily available, adhere to uniform
standards, and are reliable, clean, and efficient. The City has a strong interest in
reducing the harboring and breeding of rodents and insects, reducing the spread
of disease, and preventing pollution and other unsightly degradation of the
environment, which can occur with the improper handling of Solid Waste and the
excess accumulation of Solid Waste.
B. Findings. The City finds and declares:
1. Article XI, § 7 of the California Constitution authorizes cities to make and
enforce within their limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general laws.
2. The Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939" or the "Act")
(codified at Public Resources Code §§ 4000 et seq.) established a solid
waste management process that requires cities and other local
jurisdictions to adopt and implement plans to reduce the amount of solid
waste generated within their jurisdiction and to maximize reuse and
recycling.
3. AB 939 states that the frequency of solid waste collection, the means of
solid waste collection and transportation, levels of services, charges and
fees for services, and the nature, location and extent of providing solid
waste services, are matters of local concern.
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4. AB 939 expressly allows cities to provide solid waste services to its
residents by its own forces or by authorizing a private entity to provide
those services.
5. This Chapter implements Article XI, § 7 of the California Constitution and
AB 939 in the City of Beaumont and protects public health and safety by
authorizing the City Council to provide solid waste handling service itself
or to award one or more franchises to private entities.
Sec. 8.12.020 — Definitions.
For the purposes of this Chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section. Words and phrases not defined
in this Chapter shall have the meaning ascribed by Section 1.04.010 of this Code, and if
not defined therein, then as applicable, as in: Division 30, Part 1, Chapter 2 of the
Public Resources Code, Sections 40100 et seq.; the regulations of the California
Department of Resources Recycling and Recovery; the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing
RCRA, as they may be amended.
"AB 939" or "Act" means the California Integrated Waste Management Act of
1989, codified in part at Public Resources Code, §§ 40000 et seq. as it may be
amended, and as implemented by the regulations of CalRecycle or its successor
agency.
"Account Holder" means the persons or entities whose name(s) are on a Solid
Waste Franchisee's account for a Premises.
"Bin" means a Container, typically between one and eight cubic yards, provided
by a Solid Waste Franchisee for the collection of Solid Waste, Recyclable Material and
Organic Waste.
"Bulky Waste" means Solid Waste that would not typically fit within a Container,
including, but not limited to, large and small household appliances, furniture, carpets,
mattresses, automobile tires, and oversized Green Waste such as tree trunks and large
branches if no larger than two feet in diameter and four feet in length, and similar large
items discarded from a Residential Premises. "Bulky Waste" does not include
consumer electronics, such as televisions, radios, computers, monitors, and the like,
which are regarded as Universal Waste, the disposal of which is governed by regulation
of the Department of Toxic Substances Control.
"CalRecycle" means the California Department of Resources Recycling and
Recovery.
"Cart" means a Container, typically between 64 and 96 gallons, provided by a
Solid Waste Franchisee for the collection of Solid Waste, Recyclable Material, and
Organic Waste.
"City" means the City of Beaumont, California, a municipal corporation, and all
of the territory lying within the municipal boundaries of the City as presently existing and
all geographic areas which may be added or annexed to the City.
"City Manager" means a person having that title in the employ of the City of
Beaumont, or the City Manager's designated representative.
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"City Premises" means City -owned or operated Premises where Solid Waste is
generated or accumulated.
"Commercial Premises" means all Premises in the City, other than Single
Family Residential Premises, Multifamily Residential Premises, and City Premises,
where Solid Waste is generated or accumulated. The term "Commercial Premises"
includes, but is not limited to, stores; offices; restaurants; boarding houses; hotels;
motels; industrial and manufacturing, processing, or assembly shops or plants;
hospitals, clinics, convalescent centers and nursing homes.
"Construction and Demolition Material" or "C&D Material" means discarded
building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1)
(e.g. rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable
construction and demolition materials, packaging, plaster, drywall, rubble resulting from
construction, remodeling, repair and demolition operations, but does not include
asbestos -containing materials or Hazardous Waste.
"Container" means any Cart, Bin or Debris Box.
"Debris Box" means a Container, typically ten to forty cubic yards, provided by
a Solid Waste Franchisee for the collection of Solid Waste that is normally tipped loaded
onto a motor vehicle and transported to an appropriate facility.
"Green Waste" means leaves, grass clippings, brush, branches and other forms
of organic materials generated from maintenance or alteration of landscapes or gardens
including, but not limited to, tree trimmings, prunings, brush and weeds and incidental
pieces of scrap lumber. "Green Waste" includes unadorned holiday trees (except such
trees which are frosted, flocked or which contain tinsel or metal), but does not include
stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or
palm fronds, or yucca, which are not suitable for composting. "Green Waste" is not a
"Recyclable Material". "Green Waste" is Solid Waste if it is not segregated from Solid
Waste and is discarded into the Solid Waste stream.
"Hazardous Waste" means any waste materials or mixture of wastes defined as
a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation
and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§
9601 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act
("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic
Waste Recycling Act of 2003, codified at California Health & Safety Code §§ 25214.9 et
seq. and California Public Resources Code §§ 41516 et seq., laws governing Universal
Waste, all future amendments to any of them, or as defined by CalRecycle or the
Department of Toxic Substances Control, or by their respective successor agencies. If
there is a conflict in the definitions employed by two or more agencies having
jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be
construed to have the broader, more encompassing definition.
"Household Hazardous Waste" means dry cell household batteries; cell
phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic
bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag;
cleaning products; pesticides; herbicides; insecticides; painting supplies; automotive
products; solvents; stripes; and adhesives; auto batteries; and Universal Waste
generated at a Single -Family or Multifamily Residential Premises.
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"Multifamily Residential Premises" means a multi -family residential building
with 5 or more units, including but not limited to mobile home parks, apartments,
condominiums and town homes, which utilize Bins for the temporary accumulation and
collection of Solid Waste. The City will have sole authority to resolve any ambiguity as
to whether a particular Premise is a Single Family Residential Premises or a Multifamily
Residential Premises.
"Organic Waste" means food waste, Green Waste, nonhazardous wood waste,
compostables and soiled paper waste that is mixed in with food waste.
"Overfill" or "Overfilled" means to fill a Container in a manner such that the lid of
the Container is unable to fully close and exceeds a 45-degree angle.
"Owner" means the persons or entities listed on the last equalized assessment
roll as the owner of a lot or parcel of real property within the City.
"Person in Charge" means an Owner, Account Holder, tenant, occupant or
other person or persons responsible for the day to day operation of a Premises.
"Premises" means place where any person resides, or any business is carried
on or conducted, or any other place upon which Solid Waste is generated or
accumulated.
"Recyclable Material" means materials that can be reused or processed into a
form suitable for reuse through reprocessing or remanufacture, consistent with the
requirements of AB 939, including but not limited to the following:
1. Aluminum cans;
2. Glass jars and bottles;
3. Steel, bi-metal and tin cans, and empty aerosol containers;
4. recyclable plastics;
12. PVC pipe;
13. Juice boxes and milk cartons (aseptic packaging, Tetra Pak®, and waxed
cardboard);
14. Detergent containers;
15. Scrap metal, coat hangers and metal foil;
16. Newspapers and telephone books;
17. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback
books, cereal boxes, envelopes, paper shopping bags and non-metallic
wrapping paper);
18. Corrugated cardboard and chipboard;
19. Chlorofluorocarbons (contained in Bulky Waste set out for collection under
Section 8.12.230);
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20. Tires (if set out for collection as Bulky Waste to be collected under Section
8.12.230.); and
21. Wood (incidental scrap pieces if set out for collection with Green Waste,
and larger quantities if set out for collection with Bulky Waste).
"Self -Haul" means the transportation of Solid Waste, Recyclable Materials or
Organic Waste directly to a licensed or permitted landfill or other licensed or permitted
disposal facility by a person who has received a Self -Haul Permit.
"Self -Haul Permit" means a permit issued by the City to Self -Haul under this
Chapter.
"Single -Family Residential Premises" means a detached single family
dwelling unit, or each unit in a multifamily residential building with up to four units, such
as a duplex, triplex, or quadraplex, a townhouse, a condominium, or a mobile home of
permanent character placed in a permanent location, which utilizes one or more Carts,
or a Bin, for the temporary accumulation and collection of Solid Waste. The City
Manager will have sole authority to resolve any ambiguity as to whether a particular
Premise is a Single Family Residential Premises or a Multifamily Residential Premises.
"Solid Waste" means and includes any materials defined as "solid waste" by
Section 40191 of the California Public Resources Code, and specifically includes,
without limitation, Recyclable Materials and Organic Waste that has been disposed into
the Solid Waste stream, Bulky Waste, Construction and Demolition Materials, and all
other materials, excluding Universal Waste and Hazardous Waste, that are discarded
into the Solid Waste stream, or collected in exchange for a fee or any other
consideration, regardless of form or amount.
"Solid Waste Enterprise" means any individual, partnership, joint venture,
unincorporated private organization, or private corporation, which is regularly engaged
in the business of providing Solid Waste Handling Services.
"Solid Waste Franchisee" means a Solid Waste Enterprise that has been
granted the right and privilege by the City, or by operation of law, to perform one or
more Solid Waste Handling Services within the City or a portion thereof.
"Solid Waste Handling Services" means the collection, transportation,
processing, recycling, composting, conversion, retention and disposal of Solid Waste,
Organic Waste, Recyclable Materials, Construction and Demolition Materials, Bulky
Waste, and/or Universal Waste.
"Spilled" means deposited, released, spilled, leaked, pumped, poured, emitted,
emptied, discharged, injected, dumped or disposed into the environment, or which
otherwise has come to be located outside an authorized Container. The term "disposed
into the environment" shall include, but is not limited to, the abandonment or discarding
of barrels, bags, cans and other closed receptacles containing Solid Waste, Recyclable
Materials or Organic Waste.
"Universal Waste" means and includes, but is not limited to, Universal Waste
Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the
Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other
Universal Wastes, including, but not limited to non -empty aerosol cans, fluorescent
tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp
exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-
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cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid
batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc
batteries and any other batteries which exhibit the characteristic of a hazardous waste),
mercury thermometers, and mercury -containing switches.
ARTICLE II. — SOLID WASTE MANAGEMENT
Sec. 8.12.100 — Disposal of Solid Waste Required.
Sec. 8.12.110 — Containers — Use, Placement for Collection, Storage.
Sec. 8.12.120 — Clean -Up.
Sec. 8.12.130 — Disposal Frequency.
Sec. 8.12.140 — AB 939 Fees.
Sec. 8.12.150 — Recycling Requirements
Sec. 8.12.160 — Recycling of Organic Waste.
Sec. 8.12.100 — Disposal of Solid Waste Required.
In order to protect the public health, safety and wellbeing, and to prevent the
spread of vectors, the Owner or other Person in Charge of a Premises shall make
arrangements with the City or the City's Solid Waste Franchisee for Solid Waste
Handling Services.
All Premises in the City must have the applicable Solid Waste Handling Services
required under this Chapter.
A violation of this Section is a misdemeanor and punishable as provided in Article
VII of this Chapter. The City may cite violations as infractions where an appropriate
downgrade is approved by the City Prosecutor or City Attorney.
Sec. 8.12.110 — Containers — Use, Placement for Collection, Storage.
A. Use. Every Person in Charge of a Premises shall:
1. Keep on the Premises a sufficient number of Containers that will hold all
Solid Waste, Recyclable Materials, and Organic Waste that accumulates
on the Premises each week without spilling, leaking, or emitting odors.
2. Deposit or cause to be deposited all Solid Waste, Recyclable Materials
and Organic Waste generated or accumulated on the Premises into
Containers meeting the requirements of this Chapter.
3. Use those Containers:
a. Provided by the appropriate Solid Waste Franchisee; or
b. Approved by the City under a valid Self -Haul permit for the
Premises.
B. Placement for Collection. To minimize interference with public rights -of -way, no
person shall place a Container in a public right-of-way for collection by the
appropriate Solid Waste Franchisee more than 24 hours prior to the normal
collection time. Containers placed in a public right-of-way for collection shall be
removed from the right-of-way within 24 hours after collection.
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C. Storage. Except during the time a Cart or Bin is placed for collection, no Cart or
Bin shall be visible from the public right-of-way. A Debris Box may be placed in a
location that is visible from the public right of way at a Single -Family Residential
Premises for up to thirty (30) consecutive days and for no more than sixty (60)
total days during any twelve (12) month period.
Sec. 8.12.120 — Clean -Up.
A. Until Solid Waste, Recyclable Materials or Organic Waste has been picked up by
the appropriate Solid Waste Franchisee, or is Self -Hauled in accordance with a
valid Self -Haul Permit, each Person in Charge of a Premises shall be responsible
for the cleanup of any and all Solid Waste, Recyclable Material, or Organic
Waste generated or accumulated on the Premises that is Spilled on, at, or in the
Premises. This cleanup responsibility includes the cleanup of Solid Waste,
Recyclable Materials and Organic Waste Spilled for any reason, including but not
limited to human or animal interference with a Container, wind or other natural
forces, at any time during storage, collection, removal, or transfer of the
materials.
B. The City's Solid Waste Franchisee(s) shall clean up any Solid Waste, Recyclable
Material, or Organic Waste Spilled during its collection, removal, or transfer, as
soon as the Spill occurs.
Sec. 8.12.130 — Disposal Frequency.
All Solid Waste accumulating upon a Premises must be disposed of as frequently
as required to avoid an accumulation of Solid Waste, but in no case shall disposal occur
less frequently than one (1) time per week, except that Tess than weekly disposal is
permitted during any period of time the Premises is temporarily unoccupied and Solid
Waste is not accumulating on the Premises due to out-of-town travel or other similar
situations.
Sec. 8.12.140 — AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900
et seq., the City may impose fees on Premises in amounts sufficient to pay the costs of
preparing, adopting, and implementing a countywide integrated waste management
plan, including the costs of preparing, adopting and implementing the City's required
Source Reduction and Recycling Element, Household Hazardous Waste Element, and
Nondisposal Facility Element, and the costs of setting and collecting the fees.
Sec. 8.12.150 - Recycling Requirements
A. Purpose. The purpose of this Section is to establish requirements for the
recycling of Recyclable Materials generated from Commercial Premises, Single
Family Residential Premises, Multifamily Residential Premises, and City
Premises. These requirements are intended to increase the diversion of
Recyclable Materials from landfills, conserve capacity and extend the useful life
of landfills utilized by the City, reduce greenhouse gas emissions, and avoid the
potential financial and other consequences to the City of failing to meet State law
diversion requirements.
B. Requirements.
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1. Owners, landlords, tenants and occupants of Commercial Premises,
Single Family Residential Premises, Multifamily Residential Premises, and
City Premises, jointly or severally, shall recycle Recyclable Materials by
depositing the same in recycling Containers provided by the City's Solid
Waste Franchisee.
2. Occupants or landlords of Commercial Premises and Multifamily
Residential Premises shall designate, for the convenience and use of
occupants' employees and independent contractors, recycling collection
and storage areas and shall place appropriate signs in and around the
proximity of such areas.
3. Occupants or landlords of Commercial Premises and Multifamily
Residential Premises shall ensure that their employees, occupants, and
independent contractors are educated about recycling services available
at the site. Information, including the types of Recyclable Materials
accepted, the location of recycling Containers, and the employees' and
occupants responsibility to recycle shall be distributed periodically, and all
new occupants, employees when hired, and independent contractors
when retained, shall also be given such information and instruction. All
occupants, employees and independent contractors shall also be given
appropriate information and instructions concerning any change in
recycling services to the Commercial Premises and Multifamily Residential
Premises.
Sec. 8.12.160 — Processing or Composting of Organic Waste.
Every Commercial Premises, Multifamily Residential Premises, and City Premises shall
make arrangements with the City or the City's Solid Waste Franchisee for Organic
Waste recycling services in compliance with AB 1826 (California Public Resources
Code section 42649.8 et seq.), as it may be amended from time to time.
ARTICLE III. — FRANCHISES
Sec. 8.12.200 — Findings.
Sec. 8.12.210 — Provision of Solid Waste Handling Service.
Sec. 8.12.220 — Solid Waste Franchises.
Sec. 8.12.230 — Manner, Time and Frequency of Collection.
Sec. 8.12.240 — Liability for Solid Waste Collection Fees.
Sec. 8.12.200 — Findings.
A. California Constitution Articles XIII(C) and XIII(D), commonly known as
"Proposition 218," regulates a public agency's imposition of certain fees for
property -related services provided by the public agency. Proposition 218 does
not restrict or regulate what a private profit -making entity may charge for
property -related services provided by a private entity.
B. The rates and fees established by a Solid Waste Franchisee pursuant to this
Article are not subject to Proposition 218 because, among other reasons, the
Solid Waste Franchisee independently establishes, charges and collects the fees
and rates for its service; Owners of Single -Family Residential Premises may
avoid the imposition of such fees and rates by obtaining a Self -Haul Permit; and
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Owners of any property in the City may avoid the imposition of such fees and
rates by leaving their property undeveloped or unoccupied.
Sec. 8.12.210 — Provision of Solid Waste Handling Service.
A. The City Council may grant franchises to one or more Solid Waste Enterprises to
make arrangements with the Persons in Charge of Premises within the City for
Solid Waste Handling Services, in accordance with this Chapter.
B. The City Council may determine Solid Waste collection categories, (e.g., single-
family residential, multifamily residential, commercial, construction & demolition
materials, household hazardous waste, universal waste, recyclable materials,
Organic Waste and others) and may make or impose franchise, license, contract
or permit requirements which may vary for such categories.
Sec. 8.12.220 Solid Waste Franchises.
A. The City Council may award exclusive, partially exclusive, or non-exclusive
franchises for one or more types of Solid Waste Handling Services for all or a
portion of the Premises in the City. Any such franchise shall be in the form of a
written agreement, approved by the City Council by written resolution, and shall
be subject to all of the continuation rights, if any, held by any other Solid Waste
Enterprise pursuant to Public Resources Code § 49520 et seq. Where a
franchise agreement is silent on an issue, the provisions of this Chapter shall
govern. Where a franchise agreement predates the effective date of this Chapter,
the provisions of the franchise agreement shall govern over any inconsistent
provisions contained in this Chapter.
B. Any franchise granted pursuant to paragraph A of this section shall be granted on
such terms and conditions as the City Council shall establish in its sole
discretion. At a minimum, the franchise shall provide:
1. The Solid Waste Franchisee shall comply with the provisions of this
Chapter; and
2. The Solid Waste Franchisee shall protect, defend, indemnify and hold the
City harmless from such acts, omissions, liabilities and damages related to
the agreement as the City Attorney and City Manager determine to be
reasonable necessary to adequately protect the City; and
3. The Solid Waste Franchisee shall be required to cooperate with City in
Solid Waste disposal characterization studies and the preparation of
waste stream audits, and to submit information required by the City to
meet the reporting requirements of AB 939, or any other law or regulation,
and to implement measures consistent with the City's Source Reduction
and Recycling Element to reach the Solid Waste and recycling goals
mandated by the California Integrated Waste Management Act of 1989, as
it may be amended from time to time.
4. The Solid Waste Franchisee shall provide commercial recycling service in
a manner to exceed compliance with AB 341, as it may be amended from
time to time. Solid Waste Franchisee will notify all Commercial Premises
of the requirements to comply with the law and must provide the
necessary volume of collection services in order for all Commercial
Premises to be in full compliance with the law. The Solid Waste
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Franchisee will conduct in -person outreach to all non -participating
Commercial Premises a minimum of once per calendar year.
5. The Solid Waste Franchisee shall provide Organic Waste recycling
services in a manner to exceed compliance with AB 1826 and SB 1383,
as they may be amended from time to time. The Solid Waste Franchisee
will notify all Commercial Premises, Multifamily Residential Premises, and
City Premises of the requirements to comply with the law and must
provide the necessary volume of collection services in order to be in full
compliance with the law. The Solid Waste Franchisee will conduct in -
person outreach to all non -participating Commercial Premises, Multifamily
Residential Premises, and City Premises a minimum of once per calendar
year.
6. The Solid Waste Franchisee shall provide services to ensure the City is in
compliance with State law diversion requirements and AB 1594.
Sec. 8.12.230 — Manner, Time and Frequency of Collection.
A. Regular Collection. The City's Solid Waste Franchisee(s) shall make
arrangements with its Account Holders specifying the manner in which Solid
Waste Handling Services are to be regularly provided, subject to the terms of its
franchise.
B. Special Collections. The City's Solid Waste Franchisee(s) shall provide on -call
collection of Bulky Waste to its Account Holders, and shall provide its Account
Holders with Debris Boxes when requested and collect the Debris Box when the
Account Holder no longer requires the Debris Box. The terms and conditions
upon which such special collections are provided to Account Holders shall be
arranged between the Solid Waste Franchisee and the Account Holder, subject
to the terms of the Solid Waste Franchisee's franchise from the City.
Sec. 8.12.240 — Liability for Solid Waste Collection Fees.
A. Joint and Several Liability. The Owner of a Premises and the Account Holder for
a Premises are jointly and severally liable for Solid Waste Handling Services
provided to the Premises by a Solid Waste Franchisee.
B. Delinquencies - Single Family Residential Premises. Pursuant to Health &
Safety Code section 5470 et seq., the City may collect delinquent fees or
charges for Solid Waste Handling Services on the property tax roll for the
Premises. If the City decides to collect delinquent Solid Waste Handling fees or
charges on the property tax roll, it shall adhere to the following procedures:
1. City will fix a time, date and place for hearing the report of delinquencies
submitted by the Solid Waste Franchisee and any objections and protests
to the report. The Solid Waste Franchisee shall publish and provide
notice of the hearing on the report in accordance with Health and Safety
Code section 5470 et seq. At the hearing, City shall hear any objections
or protests of Owners liable to be assessed for delinquent fees. The City
may make revisions or corrections to the report as it deems just, after
which, by resolution, the report shall be confirmed.
2. The delinquent fees set forth in the report as confirmed shall constitute
special assessments against the Premises listed in the report and are a
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lien on the Premises for the amount of the delinquent fees. A certified
copy of the confirmed report shall be filed with the Riverside County
Auditor for the amounts of the respective assessments against the
respective Premises as they appear on the current assessment roll. The
lien created attaches upon recordation, in the office of the Riverside
County Recorder, of a certified copy of the resolution of confirmation. The
assessment may be collected at the same time and in the same manner
as ordinary ad valorem property taxes are collected and shall be subject to
the same penalties and the same procedure and sale in case of
delinquency as provided for those taxes.
3. City shall remit to its Solid Waste Franchisee(s) amounts collected
pursuant to this process within thirty (30) days of receipt from the
Riverside County Assessor. Solid Waste Franchisee(s) shall notify the
City in the event any delinquency on the report for which a lien has been
created is paid or otherwise resolved.
C. Delinquencies - Commercial Premises and Multifamily Residential Premises.
Solid Waste Franchisee(s) may discontinue service to a Commercial Premises if
the Account Holder of the Commercial Premises has not remitted required
payment for Solid Waste Handling Services and upon thirty (30) days prior
written notice by the Solid Waste Franchisee to the service recipient and the City.
ARTICLE IV. — SELF -HAULING
Sec. 8.12.300 — Applicability.
Sec. 8.12.310 — Self -Haul Permit.
Sec. 8.12.320 — AB 939 Fees.
Sec. 8.12.300 — Applicability.
Because it is more difficult to transport larger volumes of Solid Waste,
Recyclables and Organic Waste in a manner that is safe and sanitary, Self -Haul Permits
are available only to Single Family Residential Premises. The difficultly posed by Self -
Hauling larger volumes of Solid Waste, Recyclables and Organic Waste pose an
unwarranted threat to the public health, safety and welfare, as it could lead to increased
illegal dumping and burning, failure to segregate Recyclables and Organic Waste,
unauthorized deposit of Solid Waste in the Containers of another, and the accumulation
of Solid Waste at a Premises for more than one (1) week.
Sec. 8.12.310 — Self -Haul Permit.
A. Permit Required. The Person in Charge of a Single -Family Residential Premises
may apply for and obtain a permit to Self -Haul, and shall not Self -Haul without a
valid Self -Haul Permit issued pursuant to this section. Every Person in Charge of
a Single -Family Residential Premises who desires to Self -Haul in lieu of making
arrangements with the appropriate Solid Waste Franchisee for Solid Waste
Handling Services shall obtain a Self -Haul permit from the City's public works
director or his or her designee prior to commencing Self -Hauling.
B. Term. A permit to Self -Haul shall be good for one calendar year, or such part of
the calendar year that is remaining after the issuance of the permit. All Self -Haul
permits shall expire on December 31, and may be renewed annually. Application
for a renewal permit must be filed at least sixty (60) days prior to the expiration
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date of the permit to allow adequate time for processing, inspection and
verifications required to issue the permit.
C. Issuance of Permit. An applicant for a Self -Haul Permit shall submit a completed
application, on a form approved by the City's public works director, to the public
works department. The public works director or his or her designee shall
determine whether the application is complete within five (5) working days of the
receipt of the application. If the director or his or her designee finds the
application incomplete, the applicant shall be given a list of further information
needed to complete the application.
After it is determined that an application for a Self -Haul Permit is complete, the
applicant shall produce the items listed in numbers 1 through 8 below. The
director of public works or his or her designee shall issue a Self -Haul Permit
within five (5) working days of the production of all of the required items.
1. The applicant produces for inspection the vehicle the applicant intends to
use for Self -Hauling, and the vehicle meets the following standards:
a. The vehicle is capable of safely hauling a minimum of 32 gallons
(4.3 cubic feet) of Solid Waste, Recyclable Materials and Organic
Waste in a safe and sanitary manner so that such matter will not
Spill; and
b. If the vehicle is not fully enclosed, the applicant produces a tarp or
other material that is demonstrated to completely secure the
materials being Self -Hauled.
2. The applicant produces evidence that he or she owns or leases the
vehicle produced for inspection or has a written agreement to use the
vehicle for Self -Hauling with the vehicle's owner or lessor;
3. The applicant produces evidence that he or she has a valid California
driver's license to operate the vehicle produced for inspection and that the
vehicle is registered in the State of California;
4. The applicant provides the City with a certificate of automobile insurance
for the vehicle;
5. The vehicle is operational and meets all applicable Vehicle Code
standards;
6. The applicant provides the City with proof that the applicant has
Containers for the storage of Solid Waste, Recyclable Materials and
Organic Waste on the applicant's Premises before the materials are
hauled to a disposal facility; and
7. The applicant provides proof that he/she is has no outstanding charges
due to the City's Solid Waste Franchisee for Solid Waste Handling
Services previously received at the Premises for which the Self -Hauling
Permit Application is being submitted; and
8. The applicant pays the fee for a Self -Haul Permit authorized by resolution
of the City Council. The fee shall reflect the City's reasonable costs of
issuing and monitoring compliance with the permit. Permits issued
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between January 1 and March 31 shall pay one hundred percent (100%)
of the permit fee; permits issued between April 1 and June 30 shall pay
seventy-five percent (75%) of the permit fee; permits issued between July
1 and September 30 shall pay fifty percent (50%) of the permit fee;
permits issued between October 1 and December 31 shall pay twenty-five
percent (25%) of the permit fee.
D. Appeal of Denial. An applicant whose application for a Self -Haul permit has been
denied may appeal that decision. An appeal may be filed within five (5) days of
the date the applicant was notified of the denial. Appeals shall be heard by the
City Manager. The decision of the City Manager is final.
E. Operational Standards.
1. Permittees must dispose of Solid Waste weekly at a licensed or permitted
landfill or disposal facility and shall procure and retain weekly receipts
from such landfill or other disposal facility. Receipts shall be submitted to
the City upon request. Failure to show proof of Solid Waste disposal for
each week that a person is permitted to Self -Haul shall constitute a public
health and safety nuisance sufficient to permit City to revoke the
permittees' Self -Haul permit.
2. Permittees must notify the City of any change in the vehicle being used to
haul Solid Waste by the permittee. Permittees must bring the new vehicle
in for an inspection and demonstrate compliance with items 1 through 5 of
paragraph B of this section before the new vehicle is used to haul any
Solid Waste under the permit.
3. Permittee must keep on file with the City copies of the current automobile
insurance and registration for the vehicle used to Self -Haul and the
permittee's current California driver's license. Permittee must provide
proof to City of renewed automobile insurance, vehicle registration, and
California driver's license within five days of expiration of respective
document.
4. Permittees must separate and bag Solid Waste, Recyclable Materials and
Organic Waste. Recyclable Materials shall be disposed of at a licensed or
permitted recycling center. Organic Waste shall be disposed of at a
licensed or permitted composting center or shall be composted on the
Premises covered by the Self -Haul Permit.
5. Permittees are liable for any damages and clean-up costs resulting from
any Solid Waste, Recyclable Materials or Organic Waste Spills during the
course of the permittees' Self -Hauling activity.
Revocation of Permit. The Self -Haul permit shall be subject to revocation if the
permittee violates any provision of this chapter. A notice of revocation shall be
mailed to the permittee informing them that their Self -Haul permit is being
revoked, identifying the violations of this chapter that have occurred, and
informing the permittee that he or she has the right to dispute the revocation by
an appeal to the City Manager. An appeal of a revocation must be filed within five
(5) calendar days of the mailing of notice of the revocation. A revocation appeal
hearing will be scheduled within five (5) days of the date the City receives the
request for an appeal. The City Manager will issue a decision on the appeal
within five (5) days of the hearing and provide the permittee written notice of the
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decision. The decision of the City Manager on the appeal shall be final. A person
whose Self -Haul permit has been revoked pursuant to this paragraph F may not
obtain another Self -Haul permit for one (1) year from the date of the revocation.
Sec. 8.12.320 — AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section
41900 et seq., the City may impose fees on persons with a Self -Haul permit in amounts
sufficient to pay the costs of preparing, adopting, and implementing a countywide
integrated waste management plan, including the costs of preparing, adopting and
implementing the City's required Source Reduction and Recycling Element, Household
Hazardous Waste Element, and Nondisposal Facility Element, and the costs of setting
and collecting the fees.
ARTICLE V. — RECYCLABLE MATERIALS, GREEN WASTE AND C&D MATERIALS
Sec. 8.12.400 — Recyclables — Ownership, Right to Dispose.
Sec. 8.12.410 — Landscapers — Disposal of Green Waste.
Sec. 8.12.420 — Licensed Contractors — Disposal of C&D Materials.
Sec. 8.12.40. — Recyclable Materials — Ownership, Right to Dispose.
A. Upon placement by the owner of Recyclable Material at a designated recycling
collection location, or placement of Recyclable Materials in a Container provided
by the appropriate Solid Waste Franchisee, the Recyclable Material becomes the
property of the recycler or Solid Waste Franchisee, by operation of state law.
B. Nothing in this Chapter shall limit the right of any person, organization or other
entity to donate, sell or otherwise dispose of any Recyclable Material segregated
from the Solid Waste stream owned by that person, organization or other entity,
provided that the person, organization or other entity does not pay the buyer or
donee any consideration for collecting, processing or transporting such
Recyclable Material, or a consulting or broker's fee for recycling services.
Sec. 8.12.410 — Landscapers — Disposal of Green Waste.
Landscapers may collect, transport and compost or dispose of Green Waste
without obtaining a Self -Haul permit, provided that any such Green Waste is transported
to a site permitted by CalRecycle or exempt from permitting.
Landscapers shall not contract with a Solid Waste Enterprise to collect, transport
and compost or dispose of Green Waste unless that Solid Waste Enterprise has a
franchise from the City to perform said services.
Sec. 8.12.420 — Licensed Contractors — Disposal of C&D Materials.
Licensed contractors performing work within the scope of their licenses within the
City may collect, transport and dispose or recycle self -generated Construction and
Demolition Materials without obtaining a Self -Haul permit, provided that the licensed
contractor adheres to the standards for disposal of Construction and Demolition Material
provided in the California Green Building Standards Code (California Code of
Regulations Title 24, Part 11). Construction and Demolition Materials must be
transported to a landfill or recycling facility permitted by CalRecycle or exempt from
permitting.
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Licensed contractors shall not contract with a Solid Waste Enterprise to collect,
transport and dispose or recycle of Construction and Demolition Materials unless that
Solid Waste Enterprise has a franchise from the City to perform said services.
ARTICLE VI. — PROHIBITED ACTS
Sec. 8.12.500 — Use of Containers.
Sec. 8.12.510 — Removal of Solid Waste.
Sec. 8.12.520 — Bulky Waste.
Sec. 8.12.530 — Hazardous Waste.
Sec. 8.12.540 — Solid Waste Burning.
Sec. 8.12.550 — Franchise Required.
Sec. 8.12.560 — Public Nuisance.
Sec. 8.12.570 — Unauthorized Disposal.
Sec. 8.12.580 — Spills.
Sec. 8.12.590 — Unlawful Dumping.
Sec. 8.12.600 — Solid Waste Facilities.
Sec. 8.12.500 — Use of Containers.
A. Recyclable Materials and Organic Waste contamination is prohibited. No Person
in Charge of a Premises shall keep Solid Waste, Recyclable Materials or Organic
Waste in any Container other than a Container provided by the appropriate Solid
Waste Franchisee or approved by the City pursuant to an approved Self -Haul
permit. Recyclable Materials must be separated by the Person in Charge of a
Premises from Solid Waste and Organic Waste, and Organic Waste must be
separated by the Person in Charge of a Premises from Solid Waste and
Recyclable Materials.
B. Any Container not provided by the appropriate Solid Waste Franchisee or
approved by the City pursuant to an approved Self -Haul permit is prima facie
evidence that the owner of the Container is engaging in Solid Waste disposal in
violation of this Chapter. Any such unauthorized container may be abated as a
public nuisance and impounded as provided in Section 8.12.740.
C. Notwithstanding subsections (A) and (B) of this section, composting organic
waste at a single-family residential premise in a container other than one
provided by a solid waste franchisee or approved by the City pursuant to an
approved self -haul permit shall not be a violation of this section.
D. No Person in Charge of a Premises may place an Overfilled Container out for
collection by a Solid Waste Franchisee.
Sec. 8.12.510 — Removal of Solid Waste.
No person other than the Person in Charge of any Premises or a City Solid
Waste Franchisee shall:
1. Remove any Container from the location where the Container was placed
for storage or collection by the Person in Charge of the Premises; or
2. Remove any Solid Waste, Recyclable Materials or Organic Waste from
any Container; or
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3. Move a Container from the location in which it was placed for storage or
collection without the prior written approval of the Person in Charge of the
Premises.
Sec. 8.12.520 — Bulky Waste.
No person shall place Bulky Waste adjacent to or in a street or public right-of-
way for collection or removal purposes without first making arrangements with the
appropriate Solid Waste Franchisee for the collection or removal of such Bulky Waste.
Sec. 8.12.530 — Hazardous Waste.
No person shall place or deposit Hazardous Waste, Household Hazardous
Waste, or Universal Waste in any Container provided by a Solid Waste Franchisee, or
deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose
into the environment any Hazardous Waste, Household Hazardous Waste or Universal
Waste.
Sec. 8.12.540 — Solid Waste Burning.
No person shall burn any Solid Waste within the City, except in an approved
incinerator or transformation facility or other device for which a permit has been issued,
and which complies with all applicable permit and other regulations of air pollution
control authorities, and provided any such act of burning in all respects complies with all
other laws, rules and regulations.
Sec. 8.12.550 — Franchise Required.
No person, except a Solid Waste Franchisee, a person with a Self -Haul permit, a
landscaper, or a licensed contractor performing work within the scope of that license,
shall collect or remove any Solid Waste, Recyclable Materials or Organic Waste from
any Premises within the City.
Sec. 8.12.560 — Public Nuisance.
It is unlawful and a public nuisance if one of the following conditions exists at a
Premises:
1. The Person in Charge of the Premises has not made arrangements with
the appropriate Solid Waste Franchisee for Solid Waste Handling
Services, and the Person in Charge of the Premises does not have a valid
Self -Haul Permit;
2. The Person in Charge of the Premises has made arrangements with the
appropriate Solid Waste Franchisee for Solid Waste Handling Services,
but the Solid Waste Franchisee has terminated servicesto the Premises
due to the Account Holder's failure to pay for such services; and
3. The Person in Charge of the Premises has obtained a Self -Haul Permit
from the City, but the permittee has violated one or more of the
operational standards contained in Section 8.12.310(E).
Sec. 8.12.570 — Unauthorized Disposal.
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No person shall place anything in another person's Containers without the
permission of such other person.
Sec. 8.12.580. — Spills.
It is unlawful for any person transporting Solid Waste, Recyclable Materials or
Organic Waste not to clean up, or arrange for the cleanup, of any Solid Waste,
Recyclable Materials or Organic Waste Spilled during removal or transport within the
City by such person. If any person transporting Solid Waste, Recyclable Materials or
Organic Waste Spills any such materials and does not clean up or arrange for the
cleanup of the Spill, the City may clean up the Spill and charge the person responsible
for the Spill 100 percent of the costs the City incurred in cleaning up the Spill.
Sec. 8.12.590 — Unlawful Dumping.
It is unlawful for any person to negligently or intentionally Spill upon any property
within the City any Solid Waste, Recyclable Materials or Organic Waste, or to cause,
suffer, or permit Solid Waste, Recyclable Materials or Organic Waste to be located upon
any property in the City, except as authorized by law.
Sec. 8.12.600 — Solid Waste Facilities.
No person shall construct or operate a Solid Waste management facility,
including but not limited to a materials recovery facility, Solid Waste transfer or
processing station, composting facility, a buy-back or drop-off center, disposal facility or
a recycling center without first satisfying all City requirements for land use,
environmental and other approvals.
Sec. 8.12.600 — Contamination.
No person shall
ARTICLE VII. - ENFORCEMENT
Sec. 8.12.700 — Enforcement.
Sec. 8.12.710 — Violation.
Sec. 8.12.720 — Fines and Penalties
Sec. 8.12.720 — Misdemeanor.
Sec. 8.12.730 — Attorney's Fees.
Sec. 8.12.740 — Impounding Containers.
Sec. 8.12.700 — Enforcement.
A. Pursuant to California Penal Code Section 836.5, any City code enforcement
officer is authorized to enforce the provisions of this Chapter and as well as those
of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7,
and 375; California Government Code Section 68055 et seq.; and California
Vehicle Code Sections 23111 and 23112.
B. Any violation of this Chapter may be enforced in any manner authorized by law,
including but not limited to, any enforcement mechanism set forth in the Act, a
criminal citation, a civil citation, and/or administrative citation, or nuisance
abatement action as authorized by the City's Municipal Code. The City may
simultaneously pursue more than one method of enforcement for any violation of
this Chapter.
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Sec. 8.12.710 — Violation.
Except as otherwise provided in this Chapter, violations of this Chapter are
punishable as set out in Chapter 1-17 of this Code.
Sec. 8.12.720 — Fines and Penalties
The City Council may, by resolution, establish fines and penalties for the violation
of this Chapter and the Act.
Sec. 8.12.730 — Misdemeanor.
Violation of this Chapter shall be a misdemeanor. The City may cite violations as
infractions where an appropriate downgrade is approved by the City Prosecutor or City
Attorney.
Sec. 8.12.740 — Attorney's Fees.
In any action or proceeding brought to enforce a violation of this Chapter,
including but not limited to a nuisance abatement action and an action to foreclose on a
special assessment, the prevailing party shall recover its reasonable attorney's fees and
costs.
Sec. 8.12.750 — Impounding Containers.
A. Containers Subject to Impounding. Any Container within the City that is not
provided by the appropriate Solid Waste Franchisee or approved by the City
pursuant to an approved Self -Haul permit may be impounded in accordance with
this Section. Containers used for composting at single-family residential
premises, as allowed by Section 8.12.500(C) of this code, shall not be subject to
impounding pursuant to this section.
B. Notice to Remove. The public works director may cause a notice to remove to
be posted on the illegal Container. The notice to remove shall state that the
Container must be removed from the Premises within three (3) calendar days
from the date the notice is posted on the Container or it will be removed and
stored by the City and the contents disposed of at the expense of the owner of
the Container. The posting of the notice to remove constitutes constructive
notice to the owner of the Container and the Person in Charge of the Premises
that the Container must be removed from the Premises.
C. Removal of Containers. If the Container is not removed within three (3) calendar
days of the notice to remove, the public works director may direct the removal
and storage of the Container and the disposal of its contents. The City may
employ the services of its Solid Waste Franchisee(s) or any other contractor to
remove said Containers. Any person whose duty it is to remove and store
Containers may enter upon private property with the consent. of the Owner or
other Person in Charge of the Premises, or by authority of a warrant, or without
consent or a warrant if exigent circumstances exist.
D. Storage of Containers. After a Container is removed and placed in storage, the
director shall mail to the owner of the Container a notice to claim the stored
Container, if the identity of the owner of the Container is known. The director
shall make reasonable efforts to identify the owner of a stored Container. If the
Container is not claimed within thirty (30) calendar days after notice to the owner
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is mailed, or thirty (30) days after the Container is removed if the owner is not
known, the Container shall be deemed abandoned property and may be
disposed of accordingly.
E. Release of Container. No Container shall be released to its owner unless the
owner has paid the City for the actual costs of the removal, storage and disposal
of contents, plus any administrative and ancillary fees, fines or penalties
established by resolution of City Council. All amounts due to the City shall
constitute a civil debt owed to the City by the owner of the Container.
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