4-2 2 SOLID WASTE, WEEDS AND LITTER

AUTHORIZED COLLECTOR: Any entity, including, but not limited to, any private solid waste hauler contractor, private recycling enterprise, private commercial entity, or private nonprofit corporation or association, authorized by the City through a City-issued license, permit, or agreement, to operate one or more waste collection vehicles for the purpose of collecting, transporting, conveying, hauling, recovering and or/disposing of garbage, recyclable materials, organic waste or other solid waste generated within the City. The City may also serve as an Authorized Collector by directly providing municipal collection service.

BIN: A two to six cubic yard capacity “dumpster” provided by the City for commercial collection.

CART: A small, medium, or large container provided by the City for curbside collection.

CALENDAR YEAR: The period beginning on January 1 and ending on December 31.

CALIFORNIA CODE OF REGULATIONS or CCR: The State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989: The California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the California Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

CALRECYCLE: California’s Department of Resources Recycling and Recovery, which is charged with implementing and enforcing the Act.

CITY: The City of Burbank.

CITY MANAGER: The Burbank City Manager or their designee.

COMMERCIAL BUSINESS or COMMERCIAL: Shall have the same meaning as “Commercial Business” in 14 CCR Section 18982, which is a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Article.

COMMERCIAL EDIBLE FOOD GENERATOR: A Tier One or a Tier Two Commercial Edible Food Generator.

COMMUNITY COMPOSTING: Shall have the same meaning as defined in 14 CCR Section 18982, which is any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4).

COMPOST: The soil amendment generated by the process of composting.

COMPOST CONTAINER: A container with the same attributes as a “Green Container” as defined in 14 CCR 18982. Compost Containers shall be used for storage and collection of Source Separated Organic Waste designated for Compost processing, including Food Waste and landscape and pruning waste, and other organic materials as determined by the City as acceptable for the Compost Container. The City shall have the right to promulgate changes to Organic Waste types acceptable for the Compost Container.

COMPOSTING: The process of controlling biological decomposition of Organic Wastes that have been separated from the solid waste stream for the purpose of creating a soil amendment or plant nutrient.

CONSTRUCTION AND DEMOLITION or C&D: Construction and demolition debris which includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

DESIGNEE: A person or entity designated by the City through contract or otherwise, who is authorized to carry out any of the City’s responsibilities under this Article or 14 CCR Division 7, Chapter 12.

DESIGNATED COLLECTION LOCATION: The location designated by the City where an Authorized Collector may pick up Garbage, Organic Waste, or Recyclable Materials. The location will customarily be, but is not limited to, the curbside of a residential neighborhood, or the service alley, or solid waste collection location of a Commercial Business.

EDIBLE FOOD: Shall have the same meaning as defined in 14 CCR 18982, which is food intended for human consumption. “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

ENFORCEMENT OFFICER means a person or entity designated by the City Manager to enforce part or all of this Article. Enforcement Officers may carry out inspections and enforcement activities pursuant to this Article. Enforcement Officers may include City employees or other public or private entities.

EXCLUDED WASTE: Hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that a facility operator, which receives materials from the City and its Generators, reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including land use restrictions or conditions, including but not limited to: waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in the reasonable opinion of the City or its Designee would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City or its Designee to potential liability. “Excluded Waste” does not include de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, or other materials defined as allowable materials for collection where the Generator has properly placed the materials for collection pursuant to instructions provided by the Authorized Collector providing service to the Generator.

FOOD FACILITY: Shall have the same meaning as in Section 113789 of the California Health and Safety Code, which is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

FOOD RECOVERY ORGANIZATION: Shall have the same meaning as defined in 14 CCR 18982, which is an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for food recovery either directly or through other entities.

FOOD RECOVERY SERVICE: Shall have the same meaning as defined in 14 CCR 18982, which is a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for food recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Article.

FOOD SCRAPS: All edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. “Food Scraps” excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

FOOD SERVICE PROVIDER: Shall have the same meaning as defined in 14 CCR 18982, which is an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

FOOD-SOILED PAPER: Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

FOOD WASTE: Food Scraps and Food-Soiled paper.

GARBAGE: Those elements of the Solid Waste stream designated for disposal in the Garbage Container, and excludes Excluded Waste, materials designated for disposal in the Compost Container or Recycling Container, and materials which have been separated for reuse.

GARBAGE CONTAINER: A container with the same attributes as a “Gray Container” as defined in 14 CCR Section 18982. Garbage Containers shall be used for the purpose of storage and collection of Garbage.

GENERATOR: A person or entity that creates Garbage, Organic Waste, Recyclable Materials, or other Solid Waste, or who otherwise allows the accumulation of such Solid Waste on real property owned by the person or entity.

GREEN WASTE: Compostable vegetative cuttings, shrubs, stumps, brush, tree trimmings, grass, and related materials.

GROCERY STORE: Shall have the same meaning as defined in 14 CCR Section 18982, which is a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

GROSS RECEIPTS: Any and all compensation received by an Authorized Collector or their subcontractors during the Calendar Year, in connection with the collection, transportation, and/or disposal of Solid Waste produced, kept, or accumulated in the City.

HAULER LICENSE AND PERMIT: An annual license and permit issued by the City’s Public Works Department to private haulers, which authorizes collection, removal, and disposal of Solid Waste within the City.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY: Shall have the same meaning as defined in 14 CCR Section 18982, which is a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5).

INSPECTION: Shall have the same meaning as defined in 14 CCR Section 18982, which is a site visit where the City or CalRecycle reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Article or 14 CCR Division 7, Chapter 120.

LARGE EVENT: Shall have the same meaning as defined in 14 CCR Section 18982, which is an event that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event,

LARGE VENUE: Shall have the same meaning as defined in 14 CCR Section 18982, which is a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.

MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY: Residential premises with five (5) or more dwelling units. “Multi-Family” premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

ORGANIC WASTE: Shall have the same meaning as defined in 14 CCR 18982, which is Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Scraps, Food-Soiled paper, green waste, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.

PROHIBITED CONTAINER CONTAMINANTS: (i) materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recycling Container; (ii) materials placed in the Compost Container that are not identified as acceptable Source Separated Organic Waste for the City’s Compost Container; (iii) materials placed in the Garbage Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Organic Waste that can be placed in the City’s Compost Container and/or Recycling Container; and, (iv) Excluded Waste placed in any Recycling Container, Compost Container, or Garbage Container.

PUBLIC WORKS DIRECTOR: The Director of the City’s Public Works Department or their designee.

RECYCLABLE MATERIALS: Shall have the same meaning as Source Separated Recyclable Materials, below.

RECYCLING CENTER, STATION OR FACILITY: Facilities whose principal function is to receive, store, convert, separate, and/or transfer recyclable materials for processing.

RECYCLING CONTAINER: A container with the same attributes as a “Blue Container” as defined in 14 CCR Section 18982. Recycling Containers shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.

ROLL-OFF CONTAINER: Any container pulled onto the rear of a specialized truck for the collection of Solid Waste.

SCAVENGING: The unauthorized collection, removal, or possession of Recyclable Materials intended for collection by the City or an Authorized Collector.

SB 1383: The Short-lived Climate Pollutant Reduction Act of 2016 (Sen. Bill 1383, 2015-2016 Reg. Sess. (Cal. 2016)).

SB 1383 REGULATIONS: The Short-Lived Climate Pollutants: Organic Waste Reductions regulations adopted by CalRecycle in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions 14 CCR and 27 CCR.

SELF-HAULER: Shall have the same meaning as defined in 14 CCR 18982, which is a person who hauls Solid Waste they have generated to another person. Contractors, including but not limited to landscapers, who self-haul Organic Waste materials generated as an incident to their business or services are a type of Self-Hauler. Self-hauler also includes a person who back-hauls waste, by generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment.

SINGLE-FAMILY: Any residential premises with fewer than five (5) dwelling units.

SOLID WASTE: Includes Garbage, Recyclable Materials, and Organic Waste, and has the same meaning as defined in California Public Resources Code Section 40191, which is all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes.

SOLID WASTE MANAGEMENT: A planned program for effectively controlling the generation, storage, collection, transportation, processing, and refuse conversion or disposal of Solid Wastes in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical manner. It includes all administrative, financial, environmental, legal, and planning functions, as well as the operational aspects of solid waste handling, disposal, and resource recovery systems necessary to achieve established objectives.

SOLID WASTE MANAGEMENT RULES AND REGULATIONS: The rules and regulations issued by the Public Works Director pursuant to this Article.

SOURCE SEPARATED: Shall have the same meaning as defined in 14 CCR Section 17402.5, which is materials that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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.

SOURCE SEPARATED ORGANIC WASTE: Those organics that can be placed in a Compost Container for Compost processing, including Food Scraps, Food-Soiled paper, Green Waste (including landscaping and pruning waste), and any other items as determined by the City. The City shall have the right to promulgate changes to Organic Waste types acceptable for the Compost Container.

SOURCE SEPARATED RECYCLABLE MATERIALS: Those Recyclable Materials that can be placed in the Recycling Container, including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, cardboard, and any other items as determined by the City. The City shall have the right to promulgate changes to Recyclable Material types acceptable for the Recycling Container.

SUPERMARKET: Shall have the same meaning as defined in 14 CCR Section 18982, which is a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: Shall have the same meaning as defined in 14 CCR Section 18982, which is a Commercial Edible Food Generator that is one of the following:

(a) Supermarket.

(b) Grocery Store with a total facility size equal to or greater than 10,000 square feet.

(d) Wholesale Food Vendor, as defined in 14 CCR Section 18982.

(e) Food Distributor, as defined in 14 CCR Section 18982.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: Shall have the same meaning as defined in 14 CCR Section 18982, which is a Commercial Edible Food Generator that is one of the following:

(a) Restaurant, as defined in 14 CCR Section 18982, that has 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(b) Hotel, as defined in 14 CCR Section 18982, with an on-site food facility and 200 or more rooms.

(d) Large Venue.

(e) Large Event.

(f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(g) A local education agency, as defined in 14 CCR Section 18982, with an on-site food facility.

USER DISPOSAL CONTAINERS: Containers inside a Commercial Business for the collection of Source Separated Organic Waste, Source Separated Recyclables and Garbage for employees, contractors, tenants, customers and other users of the business.

WASTE COLLECTION VEHICLE: Any truck, trailer, semitrailer, conveyance, or vehicle used to collect, haul, or transport Solid Waste. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-102: DECLARATION OF POLICY AND PURPOSE:

Reduction of Solid Waste landfilling, through waste prevention, reuse, recycling, and composting is a statewide mandate. As part of the California Integrated Waste Management Act of 1989 and subsequent amendments, the state directed local agencies to implement procedures for reducing landfill waste, including but not limited to, implementing Organic Waste collection programs, food recovery programs, and enforcing certain regulations over residential and Commercial Generators, Authorized Collectors, and Self-Haulers. Therefore, in order to protect the public peace, health, safety, and general welfare, to reduce the Solid Waste stream, to reduce methane emissions from landfills, and to comply with state regulations, the City deems it necessary to regulate the separation, collection, disposal and recovery of Recyclable Materials, Organic waste, and other Solid Waste as set forth in this Article.

Additionally, a comprehensive system for the accumulation, periodic collection, removal and disposal of Garbage, Organic Waste, and Recyclable Materials is essential. To protect public health, safety and well-being and to control the spread of vectors, Generators in the City shall make arrangements for the reduction and removal of Garbage, Organic Waste and Recyclable Materials generated or accumulated on every premises in accordance with the requirements of this Article. Each person required by this Article to arrange for the collection, removal and disposal of Garbage, Organic Waste and Recyclable Materials shall be liable for the fees and charges for such collection. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-103: SOLID WASTE MANAGEMENT RULES AND REGULATIONS:

A. The Public Works Director is hereby authorized and directed to promulgate reasonable rules and regulations, subject to approval by the City Attorney or their designee, implementing provisions of this Article relating to City Solid Waste collection service, Hauler License and Permit conditions, hauler regulations, procedures for submitting applications, waivers, fees, and reports to the City, and other requirements necessary to implement this Article and preserve the public health and safety.

B. Persons and entities subject to the requirements of this Article shall comply with the Solid Waste Management Rules and Regulations and any modifications thereto.

C. A copy of the most current version of the Solid Waste Management Rules and Regulations shall be kept at the City Clerk’s Office and the Public Works Department, and posted on the City’s website at all times. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-104: UNLAWFUL TO DEPOSIT OR BURY:

Unless otherwise authorized by this Article, no person shall dump, deposit, place or bury in or upon any lot, public place, or in any water or waterway, any Solid Waste; provided, however, this section shall not apply to any land used by the City as a disposal or reclamation site. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-105: UNLAWFUL TO PLACE DANGEROUS SUBSTANCES OR HAZARDOUS WASTE IN GARBAGE CONTAINER, COMPOST CONTAINER, OR RECYCLING CONTAINERS:

No person shall place or deposit for collection any Excluded Waste in any Garbage Container, Compost Container or Recycling Container. Generators of Excluded Waste shall notify their Authorized Collector or the Health Officer of the City and dispose of such Excluded Waste in accordance with the Authorized Collector or the Health Officer’s directions. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-106: UNLAWFUL TO PERMIT SOLID WASTE TO ACCUMULATE:

A. Every Generator in the City shall keep their real property in a clean and sanitary condition, and shall not cause or permit any Solid Waste to accumulate on the premises for a period in excess of one calendar week; provided, however, that this provision shall not be construed to interfere with any person keeping building materials upon premises during the construction, reconstruction or repair of a building or structure thereon under a current valid building permit, nor with the keeping of wood neatly piled upon such premises for household use.

B. Defense to Prosecution: Compliance with the requirements of this Article by procuring the proper collection, removal and disposal of Solid Waste shall be a defense to any person prosecuted for the accumulation or failure to remove or dispose of such Solid Waste under subsection A, above; provided, however, this defense shall not apply to a person who fails or refuses to comply with an order by a duly authorized fire prevention or health authority who has condemned such Solid Waste or otherwise ordered the removal of such Solid Waste as constituting a fire or health and safety hazard. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-107: BURNING OF SOLID WASTE:

Unless otherwise authorized by the City, no solid waste shall be burned in the City. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-108: GARBAGE, ORGANIC WASTE, AND RECYCLING CONTAINERS AND COLLECTION:

A. General Requirement for Solid Waste Disposal: Every Generator in the City shall make arrangements for the collection, removal and disposal of Garbage, Organic Waste, Recyclable Materials, and other Solid Waste generated or accumulated on their real property, in accordance with the requirements of this Article.

B. Provision of Containers: Every Generator shall make arrangements to provide upon their real property, in a suitable place, containers for receiving and holding such Garbage, Organic Waste, and Recyclable Material, between the times of generation and removal. At premises where the City serves as the Authorized Collector, the City will provide such containers.

C. Type of Containers: Garbage Containers, Compost Containers and Recycling Containers shall be constructed of durable metal or heavy gauge plastic; watertight; and equipped with handles and a tight-fitting cover. All containers must comply with the color and labeling requirements set forth in this Article and 14 CCR Division 7, Chapter 12.

D. Interference: No person or entity shall move, remove, or interfere with any Garbage Container, Compost Container, or Recycling Container, or the contents thereof, or dispose of Solid Waste in such container, unless that person or entity is the authorized user of such container, has permission from the authorized user of such container, or is responsible for furnishing such container. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-109: CITY SOLID WASTE COLLECTION SERVICE:

A. City As Authorized Collector: The City shall provide collection service as the Authorized Collector for Garbage, Organic Waste, and Recyclable Material at locations designated by the Public Works Director in the Solid Waste Management Rules and Regulations. The Public Works Director shall have authority to modify such service locations from time to time. Fees for such service shall be established and amended by a resolution adopted by the City Council.

B. Bulky Items: Where the City serves as the Authorized Collector, customers of such City collection service may request bulky item collection. Bulky item collection schedules, locations, and qualified items for bulky item collection service shall be established by the Public Works Director in the Solid Waste Management Rules and Regulations. Bulky items shall not be placed out for collection more than twelve (12) hours prior to the established collection day. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-110: CITY SOLID WASTE COLLECTION – FREQUENCY:

Where the City provides collection service as the Authorized Collector, the Public Works Director shall cause Garbage, Organic Waste, Recyclable Material and other Solid Waste to be collected and removed as follows:

A. Once each week except as otherwise provided.

B. More frequently from commercial and industrial premises as may be necessary.

C. Special collections and removals in addition to regular collections and removals shall also take place if, in the opinion of the Public Works Director, such special collections and removals are necessary.

D. The Public Works Director may enter upon private property to collect and remove Garbage, Organic Waste, Recyclable Material and other Solid Waste when it is deemed necessary for efficient handling or because of unusual circumstances.

E. The Public Works Director may prescribe collections and removals in the Solid Waste Management Rules and Regulations in a manner different from these prescribed methods as may be necessary to accomplish the intent and purpose of this Article. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-111: CITY SOLID WASTE COLLECTION – RATES AND FEES:

Where the City provides collection service as the Authorized Collector, rates and fees shall be established by the City Council in the Burbank Fee Schedule. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-112: CITY SOLID WASTE COLLECTION – TIME AND METHOD OF PAYMENT:

A. Billing: All charges for the collection, removal and disposal by the City of Garbage, Organic Waste, Recyclable Material and other Solid Waste shall be collected by the Public Works Director as herein prescribed. Alternatively, the Public Works Director may delegate such collection to the Burbank Water and Power Department, and if so delegated, charges shall be collected in accordance with the Burbank Water and Power Department’s Rules and Regulations.

B. Billing by Public Works Director: When the City provides service as an Authorized Collector, the Public Works Director is authorized to issue and collect bills for associated Solid Waste collection fees. Bills so mailed shall be delinquent if not paid within fifteen (15) days from the mailing date. The Public Works Director may require such billings to be paid quarterly in advance on the first day of January, April, July and October; provided, that the first quarterly charges shall be prorated for the unexpired number of months or major part thereof in such quarter; the Public Works Director may make refunds of advance payments on the same pro rata basis if requested in writing in affidavit form by the depositor within three (3) months from the date occupancy of the premises ceases, otherwise no refund shall be made; provided, further, if the advance payment charges are not definitely ascertainable as provided in this Article, the Public Works Director shall determine the estimated reasonable amount of such charges for the purpose of said advance payments.

C. Joint Occupancies: In the case of premises containing more than one dwelling unit or commercial or industrial premises or any or all of them which are served by a single electric meter, such charges may be billed to the owner of the property or landlord, who shall collect such charges levied against the occupants of said premises, and shall transmit the amount of said charges to the City. In the event said property owner or landlord fails to collect such charges from any such occupant and remit the same to the City, said property owner or landlord shall be liable to the City for the payment of such charges.

D. Debt; Penalty for Nonpayment: Said charges in this section shall constitute a debt due to the City and in the event suit is brought to recover delinquent charges and judgment is obtained in favor of the City, reasonable attorney fees shall be awarded to the City in such action as a penalty. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-113: SOLID WASTE GENERATOR REQUIREMENTS:

Generators shall fully comply with all applicable requirements of the California Integrated Waste Management Act of 1989.

A. All Generators in the City, including Single-Family, Multi-Family and Commercial Business Generators, shall:

(1) Subscribe to a Solid Waste collection service that includes collection of Garbage, Organic Waste, and Recyclable Materials, furnished by an Authorized Collector. Generators shall maintain for their relevant residential or commercial real property, separate Garbage, Compost and Recycling containers, supplied by the City or another Authorized Collector. Generators shall arrange for a sufficient number of such containers to adequately store all Garbage, Source Separated Recyclable Materials and Source Separated Organic Waste generated in connection with the real property between the times designated for collection. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this Article. Nothing in this subsection prohibits a Generator from preventing or reducing Solid Waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c), to the extent permitted by other applicable laws.

(2) Participate in the Solid Waste collection services provided by the City or another Authorized Collector(s), by placing designated materials in designated containers as described below, and not placing Prohibited Container Contaminants (including, but not limited to, Excluded Waste) in collection containers. Unless otherwise directed by its Authorized Collector, Generators shall place Source Separated Organic Waste in the Compost Container; Source Separated Recyclable Materials in the Recycling Container; and Garbage in the Garbage Container. If the City finds that a Generator has placed Prohibited Container Contaminants in a container, the City will notify the Generator of the violation in accordance with 14 CCR 18984.5(b).

(3) Place Garbage Containers, Recycling Containers, and Compost Containers at the Designated Collection Location on the day specified by the Authorized Collector for collection, but no more than eighteen (18) hours prior to collection, unless otherwise authorized by the Public Works Director. All containers so placed for collection shall be removed from the Designated Collection Location within twelve (12) hours after the contents thereof have been collected. Garbage, Compost and Recycling Containers shall not be placed anywhere that will cause them to become a nuisance or danger to the public health and safety.

(4) Maintain Garbage Containers, Recycling Containers and Compost Containers in a sanitary condition at all times. All containers containing any type of Solid Waste shall be kept tightly covered at all times and be resistant to access by vectors. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.

(5) Drain Garbage, Organic Waste and Recyclable Materials of all liquid before placement in the appropriate container, and wrap loose, light materials to prevent windblown litter.

(6) For locations where the City serves as the Authorized Collector, Generators shall not place more than 200 pounds of Solid Waste in any one City-issued container at any given time.

B. In addition to the requirements in subsection A above, Commercial Business Generators, other than Multi-Family residential dwellings, shall also:

(1) Provide containers for the collection of Source Separated Organic Waste and Source Separated Recyclable Materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers, and other users of the premises, except for restrooms (“User Disposal Containers”). If a Commercial Business does not generate any of the materials that would be collected in one type of User Disposal Container, then the business does not have to provide that particular type of container in all areas where disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the User Disposal Containers provided by the business shall have either:

(a) A body and/or lid that conforms with the following container colors: gray or black containers for Garbage, blue containers for Recyclable Materials, and green containers for Organic Waste; or

(b) Container labels (including imprinted text or graphic images) that include language and/or graphic images indicating the primary materials accepted and the primary materials prohibited in that container.

(c) Notwithstanding the foregoing, a Commercial Business is not required to replace functional containers that do not comply with this requirement prior to the earlier of (1) the end of the useful life of those containers, or (2) January 1, 2036.

(2) Prohibit employees from placing Organic Waste in a container not designated to receive such Organic Waste.

(3) Periodically inspect Organic Waste Containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for Organic Waste.

C. Generators may be exempt from certain requirements of this Section if they obtain a waiver issued by the City pursuant to this Article, or if they qualify as Self-Haulers and comply with all Self-Hauler requirements outlined in this Article. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-114: BACK YARD COMPOSTING:

Back yard or on-site composting is an acceptable method of reducing Organic Waste which ultimately would be landfilled. Residents may compost Organic Waste in their back yards. Residents who participate in back yard composting must maintain their Organic Waste in accordance with acceptable standards and regulations set forth by the City and the Los Angeles County Health Department. All Organic Waste must be kept odor free and vector free. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-115: DEAD ANIMALS:

No person shall place the body of any dead animal in any street or park or in any Garbage, Compost, Recycling Container or public receptacle. The bodies of any dead animals shall be promptly removed as directed by the Health Officer of the City. In case the owner of such dead animal is known and removal is accomplished by the City, said owner shall pay the cost of removal of such animal, in accordance with the costs established by the Council in the Burbank Fee Resolution. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-116: COMMERCIAL BUSINESS OWNER RESPONSIBILITIES:

To the extent not already required by other sections of this Article, all Commercial Business owners in the City (including but not limited to Multi-Family residential dwellings with five (5) or more units) are required to:

A. Provide or arrange for Organic Waste collection services consistent with this Article, for employees, contractors, tenants, and customers. This includes supplying and allowing access to an adequate number, size, and location of Compost Containers with labels or container colors consistent with this Article and 14 CCR Division 7, Chapter 12.

B. Annually provide information to employees, contractors, tenants, building residents, and customers about Organic Waste recovery requirements and about proper sorting of Organic Waste and Recyclable Materials. Such information shall be furnished to new tenants before or within 14 days of occupation of the premises. A copy of such instructions shall be provided to the Public Works Director or Designee, upon request.

C. Provide or arrange for access to their real property during any inspection conducted by an Enforcement Officer. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-117: WAIVERS:

A. Generators may be excused from compliance with some or all of the Organic Waste requirements of this Article and of 14 CCR Division 7, Chapter 12, Article 3, upon issuance of a waiver under this Section. Waiver applications shall be submitted, reviewed, and issued in accordance with procedures established by the Public Works Director in the Solid Waste Management Rules and Regulations. At a minimum, waiver applications shall contain the information specified in this Section.

B. De Minimis Waivers: De minimis waivers may be issued by the Public Works Director to a Commercial Business Generator who satisfies the requirements of this Subsection.

(1) The Commercial Business Generator shall furnish to the City satisfactory documentation or other evidence demonstrating that either:

(a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recycling Container or Compost Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or

(b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recycling Container or Compost Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

(2) For the purposes of subsection (B)(1) above, total Solid Waste shall be the sum of weekly Garbage, Source Separated Recyclable Materials, and Source Separated Organic Waste collection service measured in cubic yards.

C. Physical Space Waivers: Physical space waivers may be issued by the Public Works Director to a Commercial Business Generator or other property owner Generator who satisfies the requirements of this Subsection.

(1) The Commercial Business or other property owner Generator shall furnish to the City satisfactory documentation that the premises lacks adequate space for Recycling Containers and/or Compost Containers. Alternatively, the City may issue a waiver if it receives satisfactory evidence from City staff, an Authorized Collector or Self-Hauler, a licensed architect, or licensed engineer demonstrating that a premises lacks adequate space for Recycling Containers and/or Compost Containers.

D. If a de minimis or physical space waiver is granted, the Generator shall immediately notify the City if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded. If the City otherwise obtains information at any time that a Generator no longer satisfies the requirements necessary for a de minimis or physical space waiver, the City shall rescind the waiver.

E. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this Article or obtain its own waiver. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-118: COMMERCIAL EDIBLE FOOD GENERATOR REQUIREMENTS:

A. Compliance Dates: Unless otherwise provided by state law or regulations:

(1) Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022.

(2) Tier Two Commercial Edible Food Generators must comply with this Section commencing January 1, 2024.

(3) Large Venue or Large Event operators not providing food services, but allowing food to be provided by other food facilities operating at the Large Venue or Large Event, shall require such food facilities to comply with the requirements applicable to Commercial Edible Food Generators in this section commencing January 1, 2024.

B. Commercial Edible Food Generators shall comply with the following requirements:

(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.

(2) Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for either or both of the following: (i) to collect the Commercial Edible Food Generator’s Edible Food for food recovery; or (ii) to accept the Commercial Edible Food Generator’s Edible Food that the Generator self-hauls to the Food Recovery Organization for food recovery.

(3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.

(4) Keep records as required by 14 CCR Section 18991.4, that include the following information:

(a) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to contract or written agreement. The list shall include the following information:

(i) The name, address and contact information of the Food Recovery Service or Organization.

(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Organization.

(b) A copy of all contracts and written agreements between the Commercial Edible Food Generator and a Food Recovery Service or Food Recovery Organization.

(5) If it has not entered into a contract or written agreement with a Food Recovery Service or Food Recovery Organization, the Commercial Edible Food Generator shall keep a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.

(6) Allow an Enforcement Officer, upon request, to review any records required to be kept by this Section, including by providing electronic copies or allowing access to the premises. Such records shall be furnished within 60 days of the request.

C. Commercial Edible Food Generators shall not:

(1) Donate Edible Food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

(2) Intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

D. Nothing in this Article shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.

E. Nothing in this Article prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to California Health and Safety Code Section 114432(a). [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-119: FOOD RECOVERY ORGANIZATIONS AND FOOD RECOVERY SERVICES REQUIREMENTS:

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, through a contract or written agreement established under 14 CCR Section 18991.3(b) or this Article, shall maintain the following records:

(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

(4) The name, address, and contact information for each Food Recovery Organization to which the Food Recovery Service transports Edible Food for food recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, through a contract or written agreement established under 14 CCR Section 18991.3(b) or this Article, shall maintain the following records:

(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

(2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for food recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and who have contracts or agreements with Commercial Edible Food Generators as provided in this Article shall report to the City, or its Enforcement Officer, the total pounds of Edible Food recovered from Commercial Edible Food Generators (regardless of whether those generators are located in the City) according to a schedule established by the Public Works Director in the Solid Waste Management Rules and Regulations.

D. In order to support Edible Food recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the City, regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the City and Commercial Edible Food Generators in the City. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise requested. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-120: FACILITY AND COMMUNITY COMPOSTING OPERATORS:

Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

Community composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-121: WHO MAY COLLECT GARBAGE, SOLID WASTE, ORGANIC WASTE AND RECYCLABLE MATERIAL:

A. Authorized Collector: The collection, removal, and disposal of all Garbage, Organic Waste, Recyclable Material and other Solid Waste shall only be performed by an Authorized Collector or Self-Hauler. Authorized Collectors may include the City, and/or other entities authorized by the City through agreements and/or permits, with or without advertising for bids; provided, however, that the Public Works Director may authorize any person or entity to collect, remove and dispose of Garbage, Organic Waste, Recyclable Material and other Solid Waste under such terms, conditions and limitations deemed necessary in the interest of public health, safety and welfare.

B. Annual Hauler License and Permit: Unless otherwise authorized through a written contract or agreement with the City or as otherwise provided in this Article, every person or entity engaged in the business of the collection, removal and disposal of Solid Waste within the City shall, before commencing such business and on an annual basis thereafter, obtain a Hauler License and Permit from the City, a business license from the City, pay all applicable permit and license fees as set forth in the Burbank Fee Schedule, and file a surety bond with the City, conditioned upon compliance with the terms, conditions and limitations of the Hauler License and Permit and the provisions of Title 3, Chapter 6, Article 3 of this code relating to surety bonds. It is a specific condition of each such Hauler License and Permit and surety bond that the permittee shall comply with each and all of the applicable provisions of this Article, including the Solid Waste Management Rules and Regulations established by the Public Works Director, and 14 CCR Division 7, Chapter 12. The Public Works Director may suspend a Hauler License and Permit for violation of any of the terms, conditions, or limitations thereof, in which event the Community Development Department shall suspend the business license issued pursuant thereto. This subsection shall not apply to the City when it serves as an Authorized Collector.

C. Maximum Rates: The City Council may, by resolution or an approved contract with any Authorized Collector, place a limit on Solid Waste rates, fees and charges imposed by the Authorized Collector, including those for Garbage Container, Recycling Container and Compost Container collection. No Authorized Collector shall impose any rate, charge, or fee that is greater than the maximum permitted by the City Council, unless otherwise authorized in this Article.

D. Self-Hauler: Notwithstanding subsections A and B of this Section, Generators may self-haul Garbage, Organic Waste, Recyclable Materials and other Solid Waste in accordance with the requirements of this Article relating to Self-Haulers, without obtaining a Hauler License and Permit. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-122: HAULER LICENSE AND PERMIT REQUIREMENTS:

A. The Hauler License and Permit consists of the following:

(1) Hauler Permit: Single permit issued, and renewed annually, to the Authorized Collector.

(2) Hauler Vehicle License: License(s) issued on a per vehicle basis, and renewed annually, to the Authorized Collector’s fleet. Each waste collection vehicle must clearly display the license in the front window of every waste collection vehicle operating within the City of Burbank.

B. Application: Application for an Annual Private Hauler Contractor License and Permit shall be made on a form provided by the City, and in conjunction with procedures established in the Solid Waste Management Rules and Regulations. The information provided in the application shall be certified by the applicant as being true and accurate. The Public Works Director may require additional information as authorized by law.

C. Review: Upon receipt of a completed application and deposit of applicable fees, the Public Works Director shall examine each application for conformity with the requirements of this Article and the Solid Waste Management Rules and Regulations. If the applicant is in compliance with all such requirements, the application shall be accepted and approved, and such approval shall be so noted upon the face of the application. Prior to approval of a permit renewal, applicants must be in compliance with the previously issued Hauler Permit and License and current on all reports and fees due to the City. If the Public Works Director determines that the applicant does not conform to applicable requirements, the application shall be rejected, and the applicant shall be notified of the grounds for the rejection.

D. Denial and Appeal: The Public Works Director may deny an application upon a determination that the proposed waste collection operation is not consistent with either the City’s Solid Waste Management plan, or cannot conform to State standards, or to any provision of this Article. The Public Works Director shall give written notice of the denial to the applicant and any other person who has requested in writing that such notice be given. The applicant shall have the right to appeal any decision of the Public Works Director by filing with the City Manager within ten (10) days of any such decision a written appeal specifying the decision complained of and the reasons for the appeal. The decision of the City Manager shall be final.

E. If a Hauler License and Permit has been revoked or not renewed, it may be reinstated by application filed in the same manner as an application for a new permit. However, nothing in this Article is intended to preclude the City from considering the revocation or nonrenewal and grounds therefor in reviewing the application. The Authorized Collector must be able to demonstrate that the reasons for permit revocation or nonrenewal have been rectified.

F. Permit Fees: Fees charged to Authorized Collectors for issuance of a Hauler License and Permit shall be established by the City Council in the Burbank Fee Schedule.

G. Permit Conditions: Every Authorized Collector shall comply with Hauler License and Permit conditions as set forth in this Article, in the Solid Waste Management Rules and Regulations, and as otherwise specified on the issued permit. If the City chooses to allow an Authorized Collector to operate under a written agreement or other contract, the Hauler License and Permit conditions shall be incorporated into the agreement or contract. At a minimum, the Hauler License and Permit shall include the following conditions:

(1) Authorized Collectors shall comply with the following SB 1383 conditions:

(a) Provide written notice to the City identifying the facilities to which they will transport Solid Waste including facilities for source separated Recyclable Materials and Source Separated Organic Waste.

(b) Transport Source Separated Recyclable Materials and Source Separated Organic Waste to a facility, operation, activity, or property that recovers Recyclable Materials and/or Organic Waste, as applicable, as defined in 14 CCR, Division 7, Chapter 12, Article 2. Authorized Collectors providing Organic Waste collection service shall comply with applicable requirements of 14 CCR Division 7, Chapter 12, Article 3.

(c) Notwithstanding subsections G(1)(a) and (b), the SB 1383 conditions outlined in this Subsection G(1) shall not apply to Authorized Collectors who are transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with the requirements 14 CCR Section 18989.1, Burbank Municipal Code Title 9, Chapter 1, Article 11, and all other applicable laws.

(2) Each Authorized Collector shall arrange for the disposal of any Solid Waste collected in accordance with all applicable federal, state, and local regulations and laws. The City shall assume no liability which may arise due to the Solid Waste disposal arrangements of the Authorized Collector.

(3) The Authorized Collector shall indemnify and hold the City harmless from any liability arising out of its Solid Waste collection operation, including liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).

(4) Each Authorized Collector, including all C&D waste collectors, shall remit a solid waste management fee in an amount equal to a percentage of the Gross Receipts generated by solid waste collection, transfer, or disposal from customers within the City, to the Public Works Director on a quarterly basis. The percentage shall be established by the City Council in the Burbank Fee Schedule. Gross Receipts are monies charged to account holders and not monies received from account holders, including account holder defaults. Monies paid for Recyclable Materials or recycling shall not be rebated or counted against the Gross Receipts. The failure of an Authorized Collector to submit the solid waste management fee on or before the dates stipulated in the Solid Waste Management Rules and Regulations shall constitute just cause for revocation of the Hauler License and Permit.

(5) Authorized Collectors collecting and transporting C&D are also subject to the requirements set forth in Title 9, Chapter 1, Article 11 of the Burbank Municipal Code.

H. Changed Circumstances: All permit applicants and Authorized Collectors shall notify the Public Works Director of any change in the information provided in the permit application including, but not limited to, changes in routing and/or changes in services offered that are initiated by the permit applicant or Authorized Collector. Notice shall be given not less than thirty (30) days prior to the date the change is effective.

I. Failure to submit the payments or the reporting forms required by this section or related rules and regulations within the time provided shall result in late charges as outlined in the Burbank Fee Schedule.

J. All fees collected hereunder shall be used exclusively to pay the costs of preparing, adopting and implementing an integrated waste management plan for the City and complying with SB1383 Regulations pursuant to the state mandates included in the California Integrated Waste Management Act of 1989. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-123: COLLECTION BY UNAUTHORIZED PERSON PROHIBITED (SCAVENGING):

A. All ownership and title rights to Recyclable Materials shall be vested in the Authorized Collector, once such materials have been placed at the Designated Collection Location, unless otherwise stipulated in writing by the Public Works Director.

B. Scavenging is prohibited in the City. No person, other than the Authorized Collector, shall remove Recyclable Materials which have been source separated from other Solid Waste materials and placed at the Designated Collection Location for the purposes of collection and recycling or disposal. Unless otherwise authorized by the City in writing, Recyclable Materials may not be removed from such location by anyone other than an Authorized Collector.

C. Nothing in this Article shall limit the right of any person to donate, sell or otherwise dispose of their own Recyclable Materials. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-124: UNPERMITTED BINS, CONTAINERS, AND ROLL-OFF CONTAINERS:

No person or entity, other than an Authorized Collector, shall place a roll-off container within the City.

Bins or containers of unlicensed/unpermitted haulers (other than Self-Haulers) shall be immediately confiscated by the Public Works Department. Public Works staff is authorized to go onto private property to confiscate the bins or containers of unlicensed/unpermitted haulers. The confiscated bins or containers shall immediately become the property of the City. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-125: SELF-HAULER REQUIREMENTS:

A. Exemption: Self-Haulers are not required to subscribe to a Solid Waste collection service furnished by an Authorized Collector for any type of Solid Waste that is self-hauled. Self-Haulers are not required to obtain a Hauler License and Permit from the City.

B. Qualification: To qualify as a Self-Hauler, a Generator must register as a Self-Hauler with the City and comply with all requirements applicable to Self-Haulers outlined in this Article and the Solid Waste Management Rules and Regulations.

C. No City Collection Service: Upon registering with the City as a Self-Hauler, a Generator who would otherwise receive Solid Waste Collection service from the City will not receive such service for the types of Solid Waste that the Generator self-hauls, and will not be liable for fees or charges that would otherwise be charged for such collection. For example, if a Generator self-hauls Organic Waste, the City will only furnish collection service for Garbage and Recyclable Materials. Within thirty (30) days of registering as a Self-Hauler:

(1) The Self-Hauler must return any City-provided containers that correspond to the type(s) of Solid Waste that is self-hauled. For example, if a Generator self-hauls Organic Waste, the Generator must return any City-provided Compost Containers.

(2) The City will refund to the Self-Hauler any prepaid or advance Solid Waste collection fees paid to the City by such Self-Hauler for collection services that will no longer be furnished.

D. Requirements for All Self-Haulers: All Self-Haulers shall comply with the following requirements:

(1) Source separate all Recyclable Materials and Organic Waste generated or handled on-site from Garbage in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or self-haul Organic Waste (and other Solid Waste) to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

(2) Self-haul all Source Separated Recyclable Materials to a facility that recovers those materials; and self-haul all Source Separated Organic waste to a solid waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.

(3) Comply with all other laws and regulations applicable to Self-Haulers in 14 CCR Division 7, Chapter 12, this Article, and the Solid Waste Management Rules and Regulations.

E. Additional Requirements for Non-Residential Self-Haulers: All Self-Haulers, except for residential Generators who self-haul Solid Waste, shall keep a record of the amount of each type of Solid Waste delivered to each Solid Waste facility, operation, activity, or property that receives, processes or recovers Organic Waste, Recyclable Materials or Garbage and must remit such records to the Public Works Director upon request. Such records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the Solid Waste.

(2) The amount of material, by type, in cubic yards or tons transported by the Self-Hauler to each entity.

(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Solid Waste.

F. Continued Compliance: In order to maintain a valid Self-Hauler registration, all Self-Haulers shall remain in compliance with the provisions of this Section at all times. If, at any time, a Self-Hauler fails to meet the requirements of this Section, the Generator must immediately make arrangements for the collection, removal and disposal of Solid Waste including Garbage, Organic Waste and Recyclable Materials generated or accumulated on the Generator’s premises in accordance with this Article. The Public Works Director is authorized to require such Generator to receive Solid Waste collection services from the City and pay related costs, and/or the Public Works Director may take any other actions deemed necessary in order to ensure that Solid Waste generated or accumulated on each premises is properly removed. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-126: HAULING, DISPOSAL AND RECOVERY OF COLLECTED MATERIALS:

A. Cleanliness: All Solid Waste shall be collected, removed and disposed of in a manner that avoids needless offensiveness or filth in relation to any person, place, building, premises or street.

B. Leakage: Any person authorized or licensed by the City to collect, remove and dispose of Garbage, Organic Waste, Recyclable Material, or other Solid Waste and any person conveying such matter collected outside of the City upon or along any street shall prevent the leakage or deposit of such matter on the streets in the City. In case any person is responsible for the leakage or deposit of Garbage, Organic Waste, Recyclable Material or other Solid Waste upon or along any City street, public right of way or other City property, said person shall pay the cost of removal of such matter.

C. It is unlawful for any person to carry, convey or haul Solid Waste within the City except in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the City streets, alleys, highways, waterways, or other rights of way. Solid Waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the Solid Waste from being blown or spilled onto the streets, alleys, highways, waterways, other rights of way, or adjacent lands. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-127: INSPECTIONS AND INVESTIGATIONS:

The City or Designee is authorized to conduct any Inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws. This may include Inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this Article, subject to applicable laws. Nothing in this section allows entry in a private residential dwelling unit for Inspection, without prior permission. For the purposes of inspecting containers for compliance, the City or Designee may conduct container Inspections for Prohibited Container Contaminants using remote monitoring, and Generators shall accommodate and cooperate with the remote monitoring.

A. A person subject to the requirements of this Article shall provide or arrange for access during all Inspections and shall cooperate with the City or Designee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, Inspection of Edible Food recovery activities, review of required records, or other verification or Inspection to confirm compliance with any other requirement of this Article. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any Inspection or investigation is a violation of this Article.

B. Any records obtained by the City or Designee during Inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act (California Government Code §§ 6250 et seq., as may be amended). [Added by Ord. No. 22-3,969, eff. 4/15/22.]

4-2-128: ENFORCEMENT:

A. Generator Container Contamination: Upon finding Prohibited Container Contaminants in a collection container in violation of Section 4-2-113 of this Code or 14 CCR Section 18984.5(a), the City shall notify the Generator of the violation in accordance with the notice provisions outlined in 14 CCR Section 18984.5(b).

B. SB 1383 Violations: Violations of this Article that also constitute violations of 14 CCR Division 7 Chapter 12 shall be enforced as follows:

(1) Beginning on the date of adoption of this Article and continuing through December 31, 2023, the City shall provide educational material describing the applicable requirements of this Article and 14 CCR Division 7, Chapter 12 in response to such violations.

(2) Beginning January 1, 2024 and continuing thereafter, the City shall issue a notice of violation requiring compliance within 60 days (or such other time as stated in the notice of violation). If a person fails to comply with the deadline established in the notice of violation, the City may issue an administrative citation in accordance with Title 1, Chapter 1 of this Code.

(3) Notwithstanding the foregoing, in addition to enforcement pursuant to this Subsection B, the City may also enforce an SB 1383 violation according to Subsection C, below.

C. Any violation of this Article, including but not limited to the collection, removal, or disposal of Solid Waste without a valid Hauler License and Permit (or as otherwise authorized in this Article), shall be subject to any remedies allowed by law, including but not limited to civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

D. Any section of this Article may be enforced by the City, or, if agreed to, by another Enforcement Officer designated by the City. [Added by Ord. No. 22-3,969, eff. 4/15/22.]

ARTICLE 2. RUBBISH, WEEDS, REFUSE AND DIRT ABATEMENT

DIVISION 1. ABATEMENT UNDER THE STATE ACT

4-2-201: PURPOSE OF ARTICLE²:

The provisions of this division shall supplement proceedings instituted under Title 4, Division 3, Part 2, Chapter 13, Article 2 of the Government Code of the State. [Formerly numbered Section 24-21; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-202: REMOVAL BY CONTRACT:

In lieu of ordering the Public Works Director to abate the nuisances provided in Section 4-2-201 of this article, the Council may authorize the City Manager to contract for the performance of such work and such contract need not be referred to the Council for approval. [Formerly numbered Section 24-22; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-203: PUBLIC WORKS DIRECTOR’S AUTHORITY; CONTRACT PROVISIONS:

The Public Works Director shall fix the time for the commencement and for the completion of the work, which shall be prosecuted with diligence from day to day thereafter, to completion, and they may extend the time so fixed unless otherwise directed by the Council. All contracts made hereunder shall provide that the work must be done under the direction and to the satisfaction of the Public Works Director and comply with all laws applicable thereto, and that materials used shall comply with law and the specifications. [Formerly numbered Section 24-23; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-204: CONTRACTOR’S BOND:

All contractors shall, at the time of executing any contract under this article, file with the Public Works Director the following bonds signed by the contractor as principal and a responsible surety company authorized to do business in this State:

A. A faithful performance bond in a sum not less than one hundred percent (100%) of the amount of the contract conditioned for the faithful performance of the contract, and which provides that the surety will pay a reasonable attorney fee to be fixed by the court in case suit is brought upon the bond. The bond shall further provide that no change, extension of time, alteration, or addition to the contract, or performance required thereunder, shall, in any manner, affect the obligations of the surety thereon and that the surety waives notice of any such change, extension of time, alteration or addition to the contract and performance required thereunder.

B. A labor and materials bond in a sum not less than fifty percent (50%) of the total amount of the contract, which must provide in substance that if the contractor, or their subcontractors, fail to pay for any of the materials, transportation, provisions, provender or other supplies, or for the use of teams, implements or machinery used in, upon or for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act, that the surety will pay for the same in amount not exceeding the sum specified in the bond, and in case suit is brought upon such bond, to pay a reasonable attorney fee to be fixed by the court. Such bond must, by its terms, inure to the benefit of any and all persons entitled thereto under and by virtue of the provisions of Government Code, Title 1, Division 5, Chapter 3, and Code of Civil Procedure, Part 3, Title 4, Chapter 2, of the State. [Formerly numbered Section 24-24; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-205: AUTHORITY TO ENTER PRIVATE PREMISES TO ABATE NUISANCE:

A. The Public Works Director and their authorized representatives may enter upon private property to abate the nuisance.

B. Any contractor with whom a contract has been entered into by the City hereunder, and their assistants, deputies, employees and agents, are hereby expressly authorized to enter upon private property for the purpose of abating the nuisance for which a contract was awarded. [Formerly numbered Section 24-25; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]

4-2-206: REMOVAL OF WEEDS, RUBBISH, SOLID WASTE AND DIRT BY PROPERTY OWNER:

Before the Public Works Director or contractor arrives, any property owner may remove the weeds, rubbish, solid waste, and dirt at their own expense. [Formerly numbered Section 24-26; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]

DIVISION 2. ABATEMENT OF WEEDS BY ALTERNATE SUMMARY PROCEEDINGS³

4-2-207: DEFINITION OF WEEDS; NUISANCE:

The word “weeds” as used in this article includes weeds which bear seeds of a downy or wingy nature; sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; weeds which are otherwise noxious or dangerous, poison oak and poison ivy when conditions of growth are such as to constitute a menace to the public health; and dry grass, stubble, brush, or other flammable material which endangers the public safety by creating a fire hazard; and vegetation, vines and shrubs of every kind and nature overgrowing curblines or draping over walls or fences along, or projecting into, public streets, including alleys, thereby interfering with public street use and maintenance and the public safety; and all of the same are hereby declared to be a public nuisance. [Formerly numbered Section 24-26.1; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-208: PREMISES TO BE FREE OF WEEDS:

The owner or person in control of any private property shall at all times maintain the premises free of weeds. [Formerly numbered Section 24-26.2; renumbered by Ord. No. 3058, eff. 2/21/87; 2217.]

4-2-209: CLEARING OF WEEDS FROM PRIVATE PROPERTY:

A. Notice to Remove: The Public Works Director is hereby authorized and empowered to notify the owner of any private property or parking within the City or the agent of such owner to properly dispose of weeds located on such owner’s property. Such notice shall be by certified mail, addressed to said owner or agent at their last known address. A copy of said notice shall be posted on the property.

B. Period During Which Owner Or Agent Shall Dispose Of The Weeds: The owner or agent of such owner shall be given five (5) days within which to dispose of the weeds described in the notice. The day of posting the notice shall be excluded in computing such period and no weeds shall be removed by the Public Works Director until such period has expired.

C. Form of Notice: The notice shall describe the work to be done and shall state that if the work is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall dispose of the weeds and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WEEDS

The owner of the property described as follows:
_______________________________________________________________________________
commonly known as ______________________________________________________________
is hereby ordered to properly dispose of the weeds located on said property, to wit:
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
within five (5) days from the date hereof. If the disposal of the weeds herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Public Works Director of the City of Burbank shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of Section 4-2-209 of the Burbank Municipal Code.

	Estimated Cost of Disposal	$
	Dated _____

	Public Works Director of the City of Burbank.

D. Public Works Director To Keep Record: The Public Works Director shall cause to be kept in their office a permanent record containing: 1) a description of each parcel of property for which notice to dispose of weeds has been given, 2) the name of the owner, if known, 3) the date on which such notice was mailed and posted, 4) the charges incurred by the City in disposing of the weeds, and all incidental expenses in connection therewith, and 5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

E. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the weeds within five (5) days after notice has been given as hereinbefore provided, or within twenty (20) days after the date of mailing such notice in the event the United States Postal Service is unable to make delivery thereof, provided the same was properly addressed to the last known address, of such owner or agent, the Public Works Director is hereby authorized and empowered to pay for the disposal of such weeds out of City funds and to order its disposal by City forces. Neither the City, members of the Council, Public Works Director, nor any officers, employees or agents of the City shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The Public Works Director and their authorized representatives, including any contractor with whom they contract hereunder and assistants, employees, or agents of such contractor, are hereby authorized to enter upon said property for the purpose of disposing of the weeds described in the notice. Before the Public Works Director or their authorized representative or contractor arrives, any property owner may dispose of the weeds at their own expense.

F. Charge To Owner: When the City has effected the removal of such weeds or has paid for their removal, the actual cost thereof, plus accrued interest at the rate of seven percent (7%) per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or their agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien.

G. Recorded Statement Constitutes Lien: Where the full amount due the City is not paid by such owner within thirty (30) days after disposal of the weeds, then, and in that case, the Public Works Director shall cause to be recorded with the City Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said weeds disposal work was done. The recordation of such sworn statements shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The City Treasurer may record said lien with the County Recorder. [Formerly numbered Section 24-26.3; Amended by Ord. No. 3323, eff. 1/2/93; 3058, 2217.]

ARTICLE 3. ANTILITTER PROVISIONS

4-2-301: DEFINITION OF LITTER:

As used in this article the word “litter” shall mean, but not be limited to, garbage and solid waste, as defined in Section 4-2-101 of this chapter; abandoned motor vehicles, junk, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a nuisance or a danger to public health, safety and welfare. Newspapers placed on private property shall not be deemed to be litter provided they are reasonable in number and are deposited in such manner as to prevent their being carried away by the elements and are removed within a reasonable time thereafter. [Formerly numbered Section 24-27; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

4-2-302: LITTER IN PUBLIC PLACES⁴:

No person shall throw or deposit litter in or upon any street, alley, parkway, sidewalk or other public place within the City except in public containers or in authorized private containers or City owned and provided solid waste, green waste, or recyclable material containers for collection. [Formerly numbered Section 24-28; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

4-2-303: PLACEMENT OF LITTER IN CONTAINERS SO AS TO PREVENT SCATTERING:

Persons placing litter in public, authorized private, and City owned containers shall do so in such a manner as to prevent the litter from being carried away or moved by the elements. [Formerly numbered Section 24-29; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

4-2-304: PLACEMENT OF LITTER IN GUTTERS, STREETS, ETC.:

No person shall sweep, rake, hose, blow or otherwise place litter from any public or private place into any gutter, sidewalk, parkway, alley, street or other public place within the City except for the express purpose of consolidating such litter to aid in its immediate removal. [Formerly numbered Section 24-30; renumbered by Ord. No. 3058, eff. 2/21/87; 2978.]

4-2-305: DUTY TO KEEP SIDEWALKS, ETC., FREE OF LITTER:

Persons owning or occupying property shall keep the sidewalk, parkway, gutter and alley in front of or adjacent to the side or rear of their property free of litter. [Formerly numbered Section 24-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-2-306: LITTER ON OCCUPIED PRIVATE PROPERTY:

No person shall throw or deposit litter on any private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private containers or City owned and provided containers for collection in such a manner that litter will be prevented from being carried away by the elements. [Formerly numbered Section 24-32; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

4-2-307: OWNER TO MAINTAIN PREMISES FREE OF LITTER:

The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized containers for collection. [Formerly numbered Section 24-33; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

4-2-308: LITTER ON VACANT LOTS:

No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. [Formerly numbered Section 24-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

4-2-309: REMOVAL OF LITTER:

A. Notice To Remove Litter: The Public Works Director is hereby authorized and empowered to notify the owner of any private property within the City, or the agent of such owner, to properly dispose of litter then on such owner’s property, or on the sidewalk, parkway, gutter or alley in front of or adjacent to the side or rear of such owner’s property, in violation of the provisions of this code. Such notice shall be by certified mail, addressed to such owner or agent at their last known address. A copy of said notice shall also be posted on the property.

B. Period During Which Owner Or Agent Shall Dispose Of The Litter: The owner or agent of such owner shall be given five (5) days within which to dispose of the litter described in the notice. The day of posting the notice shall be excluded in computing such period and no litter shall be removed by the Public Works Director until such period has expired.

C. Form of Notice: The notice shall describe the work to be done and shall state that if the work is not commenced within five (5) days after notice is given and diligently prosecuted to completion without interruption, the Public Works Director shall dispose of the litter and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE LITTER

The owner of the property described as follows: _______________________________________________________________________________
commonly known as ______________________________________________________________
is hereby ordered to properly dispose of the litter located on said property, to wit, _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
within five (5) days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the Public Works Director of the City of Burbank shall cause such disposal to be done, and the cost thereof, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of Section 4-2-309 of the Burbank Municipal Code.

	Estimated Cost of Disposal	$
	Dated _____

Public Works Director of the City of Burbank.

D. Public Works Director To Keep Record: The Public Works Director shall cause to be kept in their office a permanent record containing: 1) a description of each parcel of property for which notice to dispose of litter has been given, 2) the name of the owner, if known, 3) the date on which such notice was mailed and posted, 4) the charges incurred by the City in disposing of the litter, and all incidental expenses in connection therewith, and 5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

E. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of the litter within five (5) days after notice has been given as hereinbefore provided, or within twenty (20) days after the date of mailing such notice in the event the United States Postal Service is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Public Works Director is hereby authorized and empowered to pay for the disposal of such litter out of City funds and to order its disposal by City forces. Neither the City, members of the Council, Public Works Director, nor any officers, employees or agents of the City shall be personally liable for any bodily injuries or property damage arising under any contract made or work performed pursuant to the provisions of this section. The Public Works Director and their authorized representatives, including any contractor with whom they contract hereunder, and assistants, employees, or agents of such contractor, are hereby authorized to enter upon said property for the purpose of disposing of the litter described in the notice. Before the Public Works Director or their authorized representative or contractor arrives, any property owner may dispose of the litter at their own expense.

F. Charge To Owner: When the City has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent (7%) per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of such property and the owner, or their agent, shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien.

G. Recorded Statement Constitutes Lien: Where the full amount due the City is not paid by such owner within thirty (30) days after disposal of the litter, then, and in that case, the Public Works Director shall cause to be recorded with the City Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said litter disposal work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The City Treasurer may record said lien with the County Recorder. [Formerly numbered Section 24-35; Amended by Ord. No. 3323, eff. 1/2/93; 3058.]

ARTICLE 4. WASTE REDUCTION REGULATIONS

4-2-401: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:

CITY means the City of Burbank.

CITY-AFFILIATED EVENT means any event or activity that is sponsored or co-sponsored by the City, is paid for, in part or full, using City Funds, or occurs on City-owned property.

CITY FACILITY means any building, structure, property, park, public space, or vehicle, owned, leased or operated by the City, its agents, departments, or designees. For purposes of this chapter, “City Facility” does not include City-owned buildings, structures, property, parks, public spaces, or vehicles operated by an entity other than the City pursuant to a lease or other contractual arrangement.

CITY FUNDS means all monies or other assets received and managed by, or which are otherwise under the control of the City, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the City. For purposes of this chapter, “City Funds” do not include funds received and managed by, or which are under the control of, any business improvement district.

COMPOSTABLE means consisting entirely of material that will promptly and safely break down into, or otherwise become part of, usable compost. For purposes of this article, in order to be considered Compostable a product must, at a minimum, conform to the following requirements:

1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (PFAS); and

2. It must satisfy one of the following additional requirements:

a. It must be certified as “Home Compostable” by a certifying organization acceptable to the Director. “Home Compostable” means that the material will biodegrade at moderate temperatures in a composting bin designed for home use;

b. It must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material; or

c. It must accommodate a specific foodservice application for which the Director has determined that no Single-Use Foodware that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as Compostable by both the Biodegradable Products Institute (“BPI”) or the Compost Manufacturing Alliance (“CMA”).

The Director may impose additional requirements to mandate that products considered “Compostable” are certified to biodegrade in less than ninety (90) days or are certified Compostable in home or community composter settings, to the extent that the Director determines that organizations exist that can reliably provide such certification and that products are readily available that have received such certification. In addition, if the Director determines that certification agencies other than CMA and BPI can provide certifications that are equivalent to those provided by CMA and BPI, the Director is authorized to designate products as “Compostable,” under subsection 2.c of this definition, that have been certified Compostable by such other certification organizations.

In accordance with this article, the Director may issue rules and guidelines that set forth requirements for products to be considered “Compostable” in accordance with this definition and identify specific products and categories of products that are, and are not, considered Compostable for purposes of this definition. Safety data sheets for all ingredients showing that the product formula does not contain fluorinated chemicals.

CUSTOMER means any natural person or such person's agent or caregiver.

DIRECTOR means the City of Burbank Public Works Director or their designee.

DISTRIBUTE means to sell, offer for sale, give, or otherwise provide or offer to provide an item, either as a separate transaction, as part of a transaction for another item, or as a complementary service.

FOOD FACILITY has the meaning set forth in California Health and Safety Code section 113789; it includes restaurants, bars, coffee shops, fast food restaurants, food carts, Grocery Stores, supermarkets, convenience stores, school cafeterias, hospitals and nursing facilities, snack bars, food trucks, juice bars, farmers markets, and temporary food facilities, such as those participating in fairs or events. “Food Facility” does not include an Online Food-Ordering Platform. For purposes of this article, the term “Food Facility” includes only businesses that are located, or that operate, within the City, or that operate within a City Facility.

GROCERY STORE has the meaning set forth in California Health and Safety Code section 113948(c)(3); it means a store primarily engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, and any area within the store (that is not separately owned or operated) where food is prepared or sold, including a bakery, deli, and meat and seafood counter.

ONLINE FOOD-ORDERING PLATFORM means the digital technology provided on a website or mobile application through which a Customer can place an order for pick-up or delivery of Ready-To-Eat food. Online Food-Ordering Platforms include such platforms: operated directly by Food Facilities; operated by third parties that place Ready-To-Eat food orders with Food Facilities on behalf of Customers and then deliver the food; and operated by third-parties that place orders with Food Facilities on behalf of Customers without providing delivery service.

PFAS means organic fluorinated chemicals, such as per- and polyfluorinated substances, that do not biodegrade and therefore persist and accumulate.

PLASTIC has the meaning set forth in California Public Resources Code section 43732; it means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride, and Polystyrene, that can be molded into shape while soft and then set into a rigid or slightly elastic form. Plastic includes all materials identified with, or conforming to, resin codes 1 to 7, inclusive, as provided in California Public Resources Code section 18015, without regard to whether such material displays a resin code.

POLYSTYRENE means a petrochemical material utilizing the styrene monomer processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead Polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam Polystyrene), and clear or solid Polystyrene (oriented Polystyrene). This definition applies to material made with Polystyrene, regardless of whether it exhibits a label or code identifying it as Polystyrene.

POLYSTYRENE COOLER means any ice chest or similar device made of Polystyrene foam, where such foam is not fully encased in another material.

POLYSTYRENE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from Polystyrene.

POLYSTYRENE PACKING MATERIAL means Polystyrene product used to hold, cushion or protect items packed in a container for shipping, transport or storage.

PRODUCE TRAY means any item used to sell or deliver vegetables, fruit or eggs to a consumer.

READY-TO-EAT has the meaning set forth in California Health and Safety Code section 113881; it includes food and beverages that may be consumed without additional preparation to achieve food safety.

RECYCLABLE means capable of being source-separated or otherwise removed from the waste stream when discarded, and then feasibly recycled, salvaged, processed, or marketed by any means other than landfilling or burning, and returned to use by society, irrespective of whether it is Compostable. For Single-Use Foodware to be considered Recyclable, it is necessary that recycling, salvage, or processing facilities be readily available, and they must have the technical and operational ability, as well as adequate capacity, to receive, recycle, salvage and/or process the material from which such Single-Use Foodware is composed, and there must be a market for such recycled, salvaged, or processed material. In accordance with this article, the Director may issue rules and guidelines to identify which products, categories of products, and types of material are, and are not, considered Recyclable in accordance with this definition.

REUSABLE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from durable materials and that is specifically designed to be cleaned after each use and reused.

SELF-SERVE DISPENSER or STATION means any type of dispenser, container, counter, shelf, or other location that is accessible to Customers of a Food Facility at which such Customers can independently access Single-Use Foodware Accessories.

SINGLE-USE FOODWARE means an item of food service ware within the meaning of California Health and Safety Code section 113914, that is intended for a single-use, and that is used for serving, consuming, transporting, or containing food and beverages, including, but not limited to, clamshells, pizza boxes, plates, bowls, trays, wrappers, cups, straws, stirrers, knives, forks, spoons, bags, and lids. Single-Use Foodware does not include beverage containers that are subject to the California Redemption Value (“CRV”) in accordance with the California Beverage Container Recycling and Litter Reduction Act, Public Resources Code section 14500, et seq. In addition, for purposes of this article, Single-Use Foodware article does not include items, such as ketchup bottles and pickle barrels, that are not intended for a single-use but that would nevertheless be considered Single-Use Foodware under California Health and Safety Code section 113914 because they do not meet specified materials, durability, strength, and cleanability specifications.

SINGLE-USE FOODWARE ACCESSORY (SINGLE-USE FOODWARE ACCESSORIES) means Single-Use Foodware that is provided alongside or with Ready-To-Eat food, including straws, stirrers, knives, forks, spoons, chopsticks, condiment packets, condiment containers, napkins, cup lids, spill plugs, and hot beverage sleeves. Single-Use Foodware Accessory does not include plates, cups, bowls, containers, wrappers, bags or other Single-Use Foodware that are used for holding or containing Ready-To-Eat food while it is being delivered, transported, or consumed.

SOLID WASTE MANAGEMENT RULES AND REGULATIONS (SWMRR) means rules and regulations promulgated by the Public Works Director, implementing provisions relating to City’s solid waste, recycling and/or Landfill/composting operations, and other requirements necessary to facilitate operations and preserve the public health and safety. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-402: POLYSTYRENE PROHIBITIONS:

A. No person or business shall sell or distribute Polystyrene Foodware.

B. No person or business shall sell Polystyrene Coolers.

C. No business shall sell, distribute or use Polystyrene Packing Material, including, but not limited to, foam, peanuts, packing peanuts, foam popcorn, packing noodles or shipping boxes; provided, however, that the disposal of any Polystyrene Packing Materials which were part of any shipment originating outside of the City shall not constitute a prohibited use under this provision.

D. No person or business may sell, offer for sale or otherwise distribute, within the City, any meat, fish or poultry tray, Produce Tray or egg carton made, in whole or in part, from Polystyrene. This prohibition shall be applicable to the actual selling, offering for sale or distribution of any such Polystyrene item, as well as to the distributing of any of such Polystyrene item in conjunction with the selling, offering for sale or distribution of meat, fish, poultry, vegetable, fruit or eggs.

E. No person or business shall distribute or sell Polystyrene Foodware at City facilities that have been rented, leased or are otherwise being used with permission of the City. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the use, sale and/or distribution of Polystyrene Foodware while using City facilities. The facility rental agreement shall indicate that a violating contracting party's security deposit will be forfeited if the Director or their designee determines that Polystyrene Foodware was used, sold or distributed in violation of the rental agreement.

F. No person or business shall use, sell or distribute Polystyrene Foodware at City-sponsored events, events that are open to the public, City-managed concessions or at City meetings.

G. This section is effective July 1, 2024. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-403: DINING ON THE PREMISES:

A. Effective January 1, 2026, Ready-To-Eat food served for consumption by a Customer on the premises of Food Facilities, shall only be distributed in Reusable Foodware.

B. Nothing in this section prohibits Food Facilities from providing a “doggy-bag” (Single Use Foodware) to prevent food waste as long as the Single-Use Foodware complies with Section 4-2-404. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-404: SINGLE-USE FOODWARE STANDARDS:

A. Effective January 1, 2026, no Food Facility may Distribute to Customers Single-Use Foodware that is not either Compostable or Recyclable.

B. The Director will provide a list of compliant Single-Use Foodware that will be posted in the SWMRR. If a product is not included on the Director's list, that product shall be deemed prohibited and a Food Facility using prohibited Single-Use Foodware will have the burden of establishing, to the Director's satisfaction, that the product complies with this Section. The Director’s list shall be updated annually. Any revision to the list rescinding an authorization of a Single-Use Foodware product shall not become effective until six months after the date that the Director updates the list. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-405: SINGLE-USE FOODWARE ACCESSORIES UPON REQUEST:

A. No Food Facility may automatically provide any Single-Use Foodware Accessory to a Customer with their order of Ready-To-Eat food. Food Facilities may provide Single-Use Foodware Accessories to a Customer with their order of Ready-To-Eat food only if the Customer requests that they be provided such accessories, and only if such Single-Use Foodware Accessories comply with Section 4.2.404 of this article.

B. Nothing in this article prohibits a Food Facility that is providing Ready-To-Eat food to drive-through Customers from asking the Customer if they would like to be provided Single-Use Foodware Accessories that the Food Facility makes available for Customers. This article does not prohibit a Food Facility from making available to Customers Single-Use Foodware Accessories from a Self-Serve Dispenser or Station. Single-Use Foodware Accessories, however, shall not be bundled or packaged in a manner that prohibits a Customer from taking only the type of Single-Use Foodware Accessory, if any, that may be desired without also having to take a different type of Single-Use Foodware Accessory. Nothing in this article prohibits a Food Facility from providing to Customers Single-Use Foodware Accessories that are included as part of a product that is pre-packaged by a manufacturer, such as a juice box or pre-packaged salad.

C. A Food Facility that operates an Online Food-Ordering Platform for its Customers to order Ready-To-Eat food for delivery or take-out shall, if it offers Single-Use Foodware Accessories to its Customers, provide options on such platform to enable Customers to select which of the available Single-Use Foodware Accessories, if any, the Customer chooses to have included with their order. Food Facilities shall not provide any Single-Use Foodware Accessories to Customers that order Ready-To-Eat food through their own Online Food-Ordering Platform unless those Customers have requested such accessories, either through the Online Food-Ordering Platform or in-person when picking up their order.

D. If a Food Facility uses any Third-Party, Online Food-Ordering Platform for Ready-To-Eat food, the Food Facility shall customize its menu with a list of available Single-Use Foodware Accessories. A Food Facility that prepares orders of Ready-To-Eat food for Customers who have placed those orders through a Third-Party, Online Food-Ordering Platform shall not provide any Single-Use Foodware Accessories with the order unless the Customer has selected such Single-Use Foodware Accessories through options provided on the Online Food-Ordering Platform, in accordance with Section 4-2-406, or the Customers have requested such accessories in-person when picking up their order.

E. Nothing in this article shall be construed to require Food Facilities to provide Single-Use Foodware Accessories to Customers ordering Ready-To-Eat food.

F. Notwithstanding any other provision of this article, Food Facilities may include single-use cup lids, spill plugs, and hot beverage sleeves with drive-thru and delivery orders of Ready-To-Eat food orders that include beverages, without a Customer request, for safety reasons, including to avoid spillage.

G. The requirements of this Section do not apply to jails, detention facilities, correctional institutions, licensed healthcare facilities, residential care facilities and public and private school cafeterias provided with Ready-To-Eat food. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-406: AVAILABILITY OF SINGLE-USE FOODWARE ACCESSORIES THROUGH ONLINE FOOD-ORDERING PLATFORMS:

A. Except as provided in subsection (2) below, Online Food-Ordering Platforms that conduct business in the City, either by picking up Ready-To-Eat food from a Food Facility located within the City for delivery to a Customer, or by delivering Ready-To-Eat food to a Customer at a location within the City, shall comply with the following requirements to enable Customers to select which Single-Use Foodware Accessories, if any, the Customers chooses to have included with their order:

1) A third-party, Online Food-Ordering Platform must provide Food Facilities with the opportunity to specify which Single-Use Foodware Accessories, if any, the Food Facility chooses for Customers to be offered on their menus appearing on the food-ordering platforms, so that Customers may select which accessories, if any, they choose to have included with their orders.

2) If a Food Facility chooses not to specify any Single-Use Foodware Accessories to be offered to Customers on its menu appearing on the Online Food-Ordering Platform, then the Online Food-Ordering Platform shall post the following statement with such Food Facility's menu: “This restaurant has chosen not to make single-use foodware accessories available on its online menu.”

B. The requirements of this article do not apply to Single-Use Foodware that are included with Ready-To-Eat food that is pre-packaged outside of the City, provided that such Ready-To-Eat food is Distributed to the Customer as originally packaged. If a Food Facility adds any Single-Use Foodware when providing such pre-packaged food to a Customer, such additional Single-Use Foodware must comply with this article. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-407: CITY FACILITY AND CITY-AFFILIATED EVENTS REQUIREMENTS:

A. Effective July 1, 2024, no person shall Distribute any water packaged in single-use Plastic, except where specific hydration requirements exist for employees working outside with no reasonable alternative to Plastic bottled beverages that will serve the same purpose; or Distribute Single-Use Foodware that is not Compostable or Recyclable at:

1) City-Affiliated Events, regardless of whether the event is private or public.

2) City Facilities including use of City Facilities through a rental, lease, or other agreement.

B. Effective July 1, 2024, City Funds shall not be used to purchase water that is packaged in single-use Plastic, including by purchase orders, purchasing cards, grant money, reimbursements, or other expenditures. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-408: EXEMPTIONS:

The requirements of this article do not apply to supplies and services provided in response to an emergency that is declared or ratified by the City Council, or the State or federal government. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-409: WAIVER PROCESS:

A. Waivers may be granted by the Director, with or without conditions, based upon a determination that requiring a Food Facility to comply with this article, or any portion thereof, would result in undue hardship and/or other extraordinary, insurmountable circumstances determined by the Director. Undue hardship may include, but is not necessarily limited to, the following situations:

1) Compliance with this article will result in undue hardship because of a Food Facility’s lack of space;

2) Compliance with this article will result in an undue financial hardship for a Food Facility; or

3) No suitable products are available.

B. During the waiver term, the Food Facility shall make diligent efforts to become compliant. It is the responsibility of the Food Facility to apply for any waivers or extensions in a timely manner.

C. Appeals of the denial of any waiver shall be in accordance with Burbank Municipal Code Section 2-1-1501 and following. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-410: ENFORCEMENT:

A. Violations of this article shall be enforced according to the administrative citation and appeals process outlined in Section 1-1-108.1 of the Burbank Municipal Code. The City will issue a warning letter to the business operator and provide 60 days to correct the violation before issuing an administrative citation.

B. The remedies and penalties in this section are cumulative and not exclusive. This section does not limit the City’s ability to enforce violations through other provisions of this Burbank Municipal Code or applicable law.

C. The City Manager may temporarily suspend the provisions of this article and its enforcement if needed to preserve the public peace, health, or safety, including scenarios involving an emergency or natural disaster.

D. The Director shall promulgate rules and establish guidelines for implementing and enforcing the ordinance consistent with this article. Any such rules or guidelines, or amendments thereto, shall become effective 30-days after the Director posts them. The Director shall post each of these rules and guidelines in an easily accessible location on the City website and shall provide copies to any person upon request. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-411: RECORDS:

Each Food Facility and Online Food-Ordering Platform subject to this article shall maintain records, in either written or electronic form, evidencing compliance with this article, and retain these records for a period of three (3) years, and shall make them available for inspection at the request of the City. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

4-2-412: VIOLATIONS:

A. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may violate any provision of this article.

B. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may permit or conceal a violation of any provision of this article.

C. The failure of a Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), to allow any authorized City official or such official's authorized representative to conduct unscheduled inspections of the premises of the business for purposes of ensuring compliance with any provision of this article, at any time the business is open for business, shall constitute a violation.

D. Any person who deliberately falsifies records under this article is guilty of a misdemeanor.

E. A violation of this article is hereby declared to be a public nuisance pursuant to the Burbank Municipal Code. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

Prior legislation: Ordinance 22-3,969 repeals and replaces Title 9, Ch. 1, Art. 1, which derived from Ordinances 2194, 2217, 2271, 2304, 2444, 2639, 2665, 2782, 2819, 2874, 2918, 2929, 2952, 2960, 3038, 3058, 3151, 3310, 3323, 3352, 3379, 3380, 3438, 3469 and 3828.

State law reference: As to abatement of weeds, see Gov.C. §§ 39500-39587.

Code history: Formerly Article 2, Title 7, Chapter 7; and Article 4 of this chapter. (Ord. Nos. 2194 and 2217.)

State law reference: As to prohibition against dumping on public property, see Health & S.C. § 4476. As to sewage overflowing on public property, see Health & S.C. § 4476. As to dumping of garbage on streets, see Health & S.C. § 4476; Pen.C. § 374.3, Veh.C. §§ 23111-23112.

CHAPTER 2SOLID WASTE, WEEDS AND LITTER

4-2-101: DEFINITIONS: