Chapter 6.3 GARBAGE AND RUBBISH*

(a) “Assisted living” shall mean a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.

(b) “Authorized agent” is defined as the private party authorized by written agreement executed by the City to collect greenwaste and recyclables/recyclable material from customers within the City limits.

(c) “Garbage” shall mean and include kitchen and table refuse, tin cans, and every accumulation of refuse or animal or vegetable matter which attends the preparation, dealing in, or handling of foodstuff.

(d) “Gross building area” shall mean the cumulative square footage of the building, in the case of a multi-story building it shall be the summation of square footage of all floors.

(e) “Gross lot acreage” shall mean the total area of the area included within the boundaries of the lot and one half of the area of all frontage streets.

(f) “Rubbish” shall mean and include all garden, tree, shrub, and lawn trimmings, paper, boxes, oily rags, oily wastes, furniture, sawdust, shavings, pasteboard, carpets, rags, clothing, books, straw, packing, barrels, boots, shoes, feathers, broken crockery, broken bottles, street sweepings, leaves, and wood.

(g) “Basic service capacity” shall mean that weekly collection capacity, expressed in volume (gallons or cubic yards) determined necessary to provide a reasonable weekly minimum capacity for each resident, occupant, or customer in order to protect the public health and safety and maintain a clean, orderly appearance throughout the City. For the basic service charge established by the provisions of this chapter, the resident, occupant, or customer shall have the right to deposit on a weekly basis up to the basic service capacity as set forth in Section 6.3.08 of this chapter.

(h) “Unit” shall mean a room or suite of rooms which is occupied by one family for living and sleeping purposes, including a single-family residence, mobile home, apartment, townhouse, flat or condominium.

For hotels, motels, commercial, industrial, professional, institutional or similar uses, a unit shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as each nine thousand six hundred eighty (9,680) square feet, or fraction thereof, of gross lot acreage.

For assisted living facilities, a unit shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as each one thousand five hundred (1,500) square feet, or fraction thereof, of gross building area.

“Dwelling unit equivalent” for mini-storage facilities as defined in Section 9.120.020 shall be based on the underlying General Plan land use designation. Mini-storage facilities equivalent dwelling units in planned residential, agricultural, rural residential, and mixed use areas shall be as follows:

Land Use Designation	Equivalent Dwelling Units/Acre
Very low density (SFR)	2
Low density (SFR)	2.7
Medium density (SFR)	4.1
Medium high density (Res)	10.2
High density (Res)	17.1
Mixed use	4.5
Agricultural	2
Rural residential	2

(§ 1, Ord. 469, eff. July 1, 1969; as amended by § 1, Ord. 74-9, eff. May 1, 1974; § 1, Ord. 86-13, eff. June 4, 1986; § 1, Ord. 94-21, eff. July 20, 1994; § 8, Ord. 02-12, eff. June 5, 2002; § 18, Ord. 04-14, eff. May 5, 2004)

6.3.02 Use of City-provided containers.

All garbage, rubbish, greenwaste and recyclables shall be kept in containers provided therefor in accordance with the following conditions and limitations:

(a) General. The occupant, tenant, or lessee of any house, dwelling, flat, apartment building, mobile home, motel, hotel, assisted living facility, restaurant, or other place of business or residence within the City where garbage and rubbish are produced or accumulated and where residential container service is authorized shall keep in a place determined by the City to be accessible to the collector, and where it will not constitute a nuisance, a City-provided container for receiving and holding all of the garbage and rubbish which accumulates on the premises between the times of successive collections. Those items determined by the City to be recyclable or greenwaste shall be placed in the container(s) provided therefor by the City’s authorized agent in accordance with Sections 6.3.23 and 6.3.24. City-provided containers that become unserviceable due to normal wear shall be replaced by the City. City-provided containers that become unserviceable because of events attributable to negligent or willful acts or omissions of the residential user shall be replaced by the residential user. No City-provided container shall be filled to exceed two hundred (200) pounds in weight, including the City-provided container itself.

(b) Limitations of service. Used or discarded tires will not be accepted by the City refuse service or by the City landfill site. The City will not accept such wastes or chemicals as may be deemed hazardous or otherwise specifically regulated by State or Federal laws. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 1, Ord. 474, eff. October 15, 1969; § 2, Ord. 74-9, eff. May 1, 1974; § 2, Ord. 86-13, eff. June 4, 1986; § 1, Ord. 89-17, eff. May 18, 1989; § 1, Ord. 94-21, eff. July 20, 1994)

6.3.03 Additional containers.

All materials for pickup must be in containers supplied by City or its authorized agent. Where additional capacity is required for garbage and rubbish or for greenwaste, additional containers may be supplied in accordance with the provisions of Section 6.3.08 and Section 6.3.24(c). Additional containers for recyclables/recyclable materials may be obtained in accordance with Section 6.3.23. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 2, Ord. 474, eff. October 15, 1969; § 1, Ord. 76-33, eff. December 1, 1976; § 3, Ord. 86-13, eff. June 4, 1986; § 2, Ord. 89-17, eff. May 18, 1989; § 1, Ord. 94-21, eff. July 20, 1994)

6.3.04 Unauthorized containers.

All garbage, rubbish, greenwaste and recyclables shall be placed in the containers provided therefor by the City or its authorized agent. No additional boxes, bundles, bags or loose material placed outside the containers will be collected. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 3, Ord. 474, eff. October 15, 1969; § 2, Ord. 76-33, eff. December 1, 1976; § 4, Ord. 86-13, eff. June 4, 1986; § 1, Ord. 94-21, eff. July 20, 1994)

6.3.05 Mandatory service: Applications for refuse service.

(a) Except as provided in Section 6.3.12 of this chapter, it shall be mandatory for every occupied property within the City to receive at least the City-provided basic service capacity and billing therefor. Additional non-City disposal service may be permitted by the Director of Public Utilities where the nature of the waste may exceed the capabilities of City equipment due to weight or volume. Such non-City service shall be requested in writing by the occupant of such property.

(b) Except where an application is otherwise made and fees and deposits are paid in conjunction with obtaining City sewer and/or water service, before refuse service shall be supplied to any premises, the owner or occupant of the property shall make a written application to the City for refuse service on a form provided by, and containing such information as may be required by, the City. Thereupon, service shall be provided after the charges provided for in this section have been paid.

Except as otherwise provided in this subsection, the applicant, on making such application, shall pay a fee of ten and no/100ths dollars ($10.00) for opening a refuse service account, which fee shall not be refunded.

The City shall require an applicant for refuse service only, if such applicant has not previously been a customer of the City within the corporate limits of the City, or any customer delinquent in the payment of bills for such service, to guarantee the payment of refuse service charges by a cash deposit in the sum of twenty-five and no/100ths dollars ($25.00) for single-family residences or such other uses permitted by this chapter to utilize City-provided container (non-bin) service. For all other uses or bin container service, the deposit shall be an amount equal to the refuse service as requested by the customer for one billing period.

Deposits shall be held by the City for a minimum period of two (2) years. The deposit shall be returned to the customer after two (2) years, but not sooner than six (6) months after any one delinquency, and not sooner than one year after the most recent delinquency, if more than one. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 5, Ord. 86-13, eff. June 4, 1986; § 3, Ord. 89-17, eff. May 18, 1989; § 2, Ord. 92-37, eff. December 16, 1992)

6.3.06 Collection and collection points.

(a) All persons occupying or in the possession of any premises which abut an alleyway shall use such alleyway for all garbage and rubbish disposal, including greenwaste as defined in Section 6.3.24, (except those alleyways which are too narrow for a fully automated disposal truck to empty containers without endangering property, the truck, or the container) and shall place all containers provided by the City or its authorized agent in the alleyway before 6:00 a.m. of the day of the scheduled collection of such waste materials.

(b) All persons occupying or in the possession of any premises which do not abut an alleyway or those whose alleyways are determined by the City to be too narrow as provided in (a) above shall place all containers provided by the City or its authorized agent at the street curb edge before 6:00 a.m. on the day of the scheduled collection of such waste material and shall remove the empty container(s) by noon of the following day. No container shall be stored between collection days any closer to the street than the required building setback, except on the day of the scheduled collection. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 4, Ord. 474, eff. October 15, 1969; § 3, Ord. 76-33, eff. December 1, 1976; § 6, Ord. 86-13, eff. June 4, 1986; § 4, Ord. 89-17, eff. May 18, 1989; § 1, Ord. 94-21, eff. July 20, 1994)

6.3.07 Bin container waste disposal regulations.

All of the provisions of this section shall apply to the disposal of garbage or rubbish by any establishment utilizing bin container service, including, but not limited to, mobile home parks, multifamily residences, assisted living facilities, and commercial and industrial uses, as follows:

(a) Bin containers will be furnished by the City at the rates established by this chapter and as may be codified from time to time by the Council. Bin containers shall be kept in bin enclosures as set forth in Section 6.3.19 of this chapter. Mixed waste may be placed in bin containers.

Where establishments utilizing bin container service are located on alleys, bin containers and enclosures shall be located for collection at the alley, unless otherwise approved by the Director of Public Utilities.

Establishments not located on alleys shall locate bin containers and enclosures at locations approved by the Director of Public Utilities.

(b) It shall be the responsibility of the customer to keep bin containers in a clean and sanitary condition. Customers requesting the City to clean a bin shall pay a charge of eight and no/100ths dollars ($8.00) per bin for cleaning.

The City will be responsible for bin maintenance, including repairing as necessary and painting, at no charge to the customer. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 4, Ord. 76-63, eff. December 1, 1976; § 7, Ord. 86-13, eff. June 4, 1986)

6.3.07.1 Compactor box waste disposal regulations.

All of the provisions of this section shall apply to the disposal of garbage or rubbish by any establishment utilizing compactor box service.

(a) Compactor boxes will be furnished and maintained by the owner or the occupant of the property receiving the waste disposal service. Compactor boxes shall be placed at locations approved by the Director of Public Utilities.

(b) The rate the City shall charge its compactor box customers shall be the actual cost to the City as established through the competitive bid process, utilizing a private contractor to provide such service, plus a ten percent (10%) administration fee.

(c) It shall be the responsibility of the customer to keep compactor boxes in a clean and sanitary condition. In the event that the customer fails to comply with notification by the City to clean up a compactor box and area, the City shall arrange for the cleanup, and the customer shall pay to the City the actual cost for the cleanup plus a ten percent (10%) administration fee at the next regular billing cycle. (§ 1, Ord. 88-32, eff. October 19, 1988; as amended by Ord. 91-50, eff. December 4, 1991)

6.3.08 Collection rates: Garbage and rubbish.

The City shall operate a regular garbage and solid waste pickup service. All residents or occupants shall subscribe to, participate in and pay for the once weekly scheduled collection services. Residents may be required by the Public Utilities Director, in cases where health or safety require, to have additional pickups at charges consistent with this chapter. Additional weekly service capacity for City-provided or City-authorized agent-provided container (non-bin) customers may be requested. Such additional service shall be provided only with additional containers provided by the City or its authorized agent which must be picked up on the regularly scheduled collection day. There shall be a minimum four (4) months’ subscription period and charges for the first such additional container provided by City or its authorized agent. If further additional container(s) are requested, there shall then be a minimum twelve (12) months’ subscription period and charges for all containers provided by the City or its authorized agent as part of basic service, such twelve (12) months’ subscription period and charges for all such additional containers to commence (or recommence) on the date the most recent additional container provided by the City or its authorized agent is delivered. The basic service capacity, basic service charge, and charges for such additional service for the various residential and bin container users in the City shall be as follows:

(a) Single-family units.

Basic service capacity	105 gallons per week
Basic service charge	$21.74 per month
Additional service	$10.82 per month
(City-provided container)

The charge for a return pickup caused by the failure of a customer to have garbage or rubbish not placed at proper locations on the day of pickup shall be twenty and 00/100ths dollars ($20.00) per pickup in addition to the basic service charge.

Charges for containers and services for greenwaste and recyclables are as indicated in Sections 6.3.23 and 6.3.24.

(b) Planned unit developments and condominiums.

(1) Basic service to planned unit developments and condominiums where a homeowners’ association is responsible for the billing shall be by bin containers and be charged in accordance with the tables set forth in subsection (d)(1) of this section for the service level provided. Minimum service capacity shall be one (1) cubic yard for every four (4) units. The basic service to planned unit developments and condominiums where the individual units are responsible for the billing may be by bin containers and shall be charged at the rate of twenty-one and 74/100ths dollars ($21.74) per unit per month for each weekly pickup. If bins are allowed, the minimum service capacity shall be one (1) cubic yard for every four (4) units. If the minimum service capacity in either case above is insufficient, in the judgment of the Director of Public Utilities, to accommodate the refuse generated from the project the service shall be increased at the direction of the Director of Public Utilities upon notification of the customer.

(2) For planned unit developments and condominiums which are granted City-provided container (non-bin) service:

Basic service	105 gallons per unit, per week
Basic charge	$21.74 per month
Additional service	$10.82 per unit, per month, per each additional City-provided container

(1) Duplexes and triplexes.

(i) Individual City-provided (non-bin) service.

Basic service	105 gallons per unit, per week
Basic charge	$21.74 per unit, per month
Additional service	$10.82 per unit, per month, per each additional City-provided container

(ii) Bin service may be provided where approved by the Director of Public Utilities. In such cases the regulations of Section 6.3.07 shall apply. Duplexes or triplexes utilizing bin containers shall be charged in accordance with the tables set forth in subsection (d)(1) of this section.

(2) Four (4) or more units and mobile home parks.

(i) Basic service to apartments consisting of four (4) or more units and mobile home parks shall be by bin containers and shall be charged in accordance with the tables set forth in subsection (d)(1) of this section. Basic service capacity shall be one (1) cubic yard per week for every four (4) units or four (4) mobile homes. Customers requesting capacity in excess of the standard service capacity shall be charged in accordance with the tables set forth in subsection (d)(1) of this section.

(ii) For multiple units which are granted City-provided (non-bin) service:

Basic service	105 gallons per unit, per week
Basic charge	$21.74 per unit, per month
Additional service	$10.82 per unit, per month, per each additional City-provided container

(d) Commercial and assisted living customers.

(1) Commercial bin service. Commercial establishments utilizing bin service shall be charged in accordance with the following tables:

1 — CUBIC YARD BIN		Additional Weekly Pickups — Total*

# of Bins	Once per Week Pickup*	2/Wk*	3/Wk*	4/Wk*	5/Wk*	6/Wk*
1	$61.21	$122.42	$183.63	$244.69	$306.06	$366.97
2	$134.66	$244.69	$366.97	$489.39	$611.81	$734.08
3	$202.00	$366.97	$550.60	$734.08	$917.56	$1,101.20
4	$244.69	$489.39	$734.08	$978.93	$1,223.62	$1,468.31
5	$306.06	$611.81	$917.56	$1,223.62	$1,529.37	$1,835.43
6	$366.97	$734.08	$1,101.20	$1,468.31	$1,835.43	$2,202.40
7	$428.33	$856.65	$1,284.83	$1,713.01	$2,141.33	$2,569.51
8	$489.39	$978.93	$1,468.31	$1,957.85	$2,447.09	$2,936.63
9	$550.60	$1,101.20	$1,651.95	$2,202.40	$2,752.99	$3,303.59
10	$611.81	$1,223.62	$1,835.43	$2,447.09	$3,059.05	$3,670.71

2 — CUBIC YARD BIN		Additional Weekly Pickups — Total*

# of Bins	Once per Week Pickup*	2/Wk*	3/Wk*	4/Wk*	5/Wk*	6/Wk*
1	$107.19	$214.09	$321.28	$428.33	$535.22	$642.26
2	$214.09	$428.33	$642.26	$856.65	$1,070.74	$1,284.83
3	$321.28	$642.26	$963.55	$1,284.83	$1,605.81	$1,927.10
4	$428.33	$856.65	$1,284.83	$1,713.01	$2,141.33	$2,569.51
5	$536.58	$1,070.74	$1,605.81	$2,141.33	$2,676.56	$3,211.93
6	$642.26	$1,284.83	$1,927.10	$2,569.51	$3,211.93	$3,854.34
7	$749.46	$1,498.92	$2,248.23	$2,997.84	$3,747.30	$4,496.61
8	$856.65	$1,713.01	$2,569.51	$3,426.02	$4,282.52	$5,139.02
9	$963.55	$1,927.10	$2,890.79	$3,854.34	$4,817.89	$5,781.44
10	$1,070.74	$2,141.33	$3,211.93	$4,282.52	$5,353.11	$6,423.70

3 — CUBIC YARD BIN		Additional Weekly Pickups — Total*

# of Bins	Once per Week Pickup*	2/Wk*	3/Wk*	4/Wk*	5/Wk*	6/Wk*
1	$159.06	$318.12	$477.33	$636.38	$795.44	$954.20
2	$318.12	$636.38	$954.20	$1,272.02	$1,590.59	$1,908.70
3	$568.99	$954.20	$1,366.09	$1,908.70	$2,385.67	$2,863.36
4	$636.38	$1,272.47	$1,908.70	$2,545.09	$3,181.32	$3,817.71
5	$795.44	$1,590.59	$2,386.03	$3,181.32	$3,976.61	$4,771.91

*All amounts are for the monthly service charge.

SPECIAL CHARGES
Extra Bin	$31.15 for each bin emptied

(2) Commercial non-bin service. The service capacity charges and container size for commercial establishments not utilizing container bins shall be as follows:

Basic service capacity	105 gallons per week
Basic service charge	$30.54 per month

Commercial customers requiring in excess of one hundred five (105) gallons basic service capacity per week shall be required to utilize bin container service.

(3) Joint bin service. Where the Director of Public Utilities determines that efficient and economical service can be provided to commercial customers through the use of a common bin, joint service may be authorized. The cost of such joint bin service shall be the rate as set forth in the tables in subsection (d)(1) of this section. No more than four (4) businesses shall be allowed to utilize a one (1) yard bin.

(4) Temporary bin rental. Residential and commercial customers requesting bin containers for minor clean-up and remodeling shall be charged as follows:

Initial delivery	$24.85
Daily rental	$3.00 per day
Empty bin or final pickup	$24.85 each

(e) Annual Adjustments. The user rates as provided in this section shall be adjusted beginning July 1, 2007, and annually each July 1st, thereafter by four percent (4%). Prior to the end of fiscal year 2008/09 staff shall reevaluate the refuse fund for a possible rate reduction.

(f) Council may waive all or part of the four percent (4%) annual increase specified in subsection (e) of this section, or may reduce refuse rates. Staff shall annually report to Council the rates that are adjusted in accordance with subsection (e) of this section and this subsection. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 1, Ord. 472, eff. August 20, 1969; § 1, Ord. 73-35, eff. October 31, 1973; § 3, Ord. 74-9, eff. May 1, 1974; § 5, Ord. 76-33, eff. December 1, 1976; § 1, Ord. 77-38, eff. August 4, 1977; § 1, Ord. 80-16, eff. June 18, 1980; § 1, Ord. 81-21, eff. July 15, 1981; § 1, Ord. 85-20, eff. October 16, 1985; § 8, Ord. 86-13, eff. June 4, 1986; § 2, Ord. 88-32, eff. October 19, 1988; § 5, Ord. 89-17, May 18, 1989; § 1, Ord. 90-16, eff. May 16, 1990; § 1, Ord. 92-37, eff. December 16, 1992; § 1, Ord. 93-12, eff. June 2, 1993; § 1, Ord. 94-21, eff. July 20, 1994; Ord. 98-9, amended, 07/06/1998, eff. August 6, 1998; as amended by §§ 1, 2, Ord. 02-26, eff. September 1, 2002; § 1, Ord. 03-41, eff. December 31, 2003; § 1, Ord. 04-51, eff. January 1, 2005; § 2, Ord. 04-51, eff. July 1, 2005; § 3, Ord. 04-51, eff. July 1, 2006; § 4, Ord. 04-51, eff. July 1, 2007; § 2, Ord. 13-15, eff. June 19, 2013)

6.3.08.1 Smaller refuse cart.

Single-family residential customers, planned unit development residential customers, condominium residential customers, mobile home park residential customers, and multifamily residential customers that receive cart service have the option of utilizing a smaller refuse cart (forty-eight (48) gallons per week service) at a five percent (5%) discount below the basic service rate. Recycling and greenwaste service capacity shall remain at the basic service level and rate. (§ 2, Ord. 13-15, eff. June 19, 2013)

6.3.09 Prorating charges for garbage service.

The charges for refuse and garbage service shall be prorated to the nearest ten percent (10%) of the billing period as determined by the date of the starting and ending of service as recorded by the Finance Department upon notification to the Finance Department by the owner or occupant. (§ 1, Ord. 469, eff. July 1, 1969, as amended by § 1, Ord. 81-8, eff. March 19, 1981)

6.3.10 Special hauls or pickups.

The removal of wastes, not otherwise restricted, or periodic accumulations of excess garbage or rubbish within the City, in addition to that provided for in Section 6.3.08 of this chapter, shall be made on the request of a resident or occupant of the premises at such times as City personnel and equipment are available, and the rates therefor shall be seventy-nine and 40/100th dollars ($79.40) per hour, with a minimum charge of thirteen and 50/100ths dollars ($13.50), to be paid as provided in Section 6.3.11 of this chapter. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 4, Ord. 74-9, eff. May 1, 1974; § 6, Ord. 76-33, eff. December 1, 1976; § 2, Ord. 80-16, eff. June 18, 1980; § 2, Ord. 81-21, eff. July 15, 1981; § 2, Ord. 85-20, eff. October 16, 1985; § 3, Ord. 92-37, eff. December 16, 1992)

6.3.11 Fees: Due dates: Billing.

All fees provided for in this chapter shall be due and payable at the same time as charges of the City Water Division are due, as provided in Section 6.5.105 of Article I of Chapter 5 of this title, and shall become delinquent at the same time as prescribed for the water bill, at which time and in which event the garbage service provided for by this chapter shall be subject to immediate discontinuance without further notice. In addition thereto, the City may sue in the civil courts for the collection of such fees. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 1, Ord. 75-5, eff. February 19, 1975; § 9, Ord. 86-13, eff. June 4, 1986)

6.3.12 Collecting, transporting, and disposal of garbage by unauthorized persons.

Except as otherwise provided in Section 6.3.05 of this chapter and in this section, it shall be unlawful for any person or private solid waste enterprise, other than the City, to collect, transport, or dispose of any garbage or rubbish within the corporate limits of the City.

In accordance with Section 4272 of the Health and Safety Code of the State, a private solid waste enterprise may continue to provide such services in areas annexed by the City for a period of up to five (5) years after mailed notice by the City of such annexation, subject to the following conditions:

(a) That the private solid waste enterprise has provided its services at least the three (3) previous and consecutive years; and

(b) That the services of the enterprise are in substantial compliance with the terms and conditions of any license, permit, or contract issued by the County prior to annexation. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 10, Ord. 86-13, eff. June 4, 1986)

6.3.13 Depositing garbage in unlawful places.

(a) It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any waste matter, other than building materials for which a permit has been granted, in or upon any vacant lot, street, alley, gutter, highway, park, or other public place or to keep any garbage, rubbish, or waste matter except in the manner provided in this chapter.

(b) It shall be unlawful for any person to deposit garbage or rubbish into any container belonging to or being paid for by another person.

(c) To the extent permitted by law, a vehicle owner and trailer owner is liable and responsible for illegal dumping of garbage in violation of this section when the owner’s vehicle or trailer is used for illegal dumping, irrespective of whether the owner knew or should have known of the intended use of the vehicle or trailer.

(d) Penalties for violation. In addition to any other remedy or enforcement mechanism, any person who violates this section shall be guilty of a misdemeanor and may be assessed an administrative citation in an amount not to exceed one thousand and no/100ths dollars ($1,000.00) for the first violation and any violations thereafter. (§ 1, Ord. 469, eff. July 1, 1969; as amended by § 11, Ord. 86-13, eff. June 4, 1986; § 1, Ord. 23-07, eff. October 5, 2023)

6.3.14 Burning garbage or waste material unlawful.

It shall be unlawful for any person to burn garbage at any place within the City, and it shall be unlawful for any person to burn any waste material in or on any alley, street, street right-of-way, or public place. (§ 1, Ord. 469, eff. July 1, 1969)

6.3.15 Contaminated or odoriferous garbage.

It shall be unlawful and a public nuisance for any person to keep, maintain, or handle garbage or garbage containers in such manner as to be offensive or odoriferous or to be a producer of vermin. (§ 1, Ord. 469, eff. July 1, 1969)

6.3.16 Garbage containers: Unlawful to leave uncovered.

It shall be unlawful for any person to uncover or leave a container of garbage uncovered. (§ 1, Ord. 469, eff. July 1, 1969)

6.3.17 Depositing burning objects in garbage or rubbish unlawful.

It shall be unlawful for any person to place live or hot coals or ashes or other burning matter in any garbage or rubbish set out for collection. (§ 1, Ord. 469, eff. July 1, 1969)

6.3.18 Violations.

Any person who does any act declared to be unlawful under the provisions of this chapter, and any person who maintains, keeps, or collects garbage or rubbish in a manner declared to be unlawful under the provisions of this chapter, shall be guilty of a misdemeanor. (§ 1, Ord. 469, eff. July 1, 1969)

6.3.19 Container pads and enclosures.

Any use required by this chapter to have bin service shall provide bin enclosures in the quantity and locations specified by the Public Utilities Director. Such enclosures shall be constructed consistent with current City standard drawings which may be obtained from the Planning and Development Services Department and which govern the dimensions and design of such enclosures. It shall be the responsibility of the customer or owner to keep the enclosure in good repair and a clean, safe, and sanitary condition. (§ 7, Ord. 65-33, eff. December 1, 1976; as amended by § 12, Ord. 86-13, eff. June 4, 1986; Ord. 94-6, eff. March 24, 1994)

6.3.20 Capital outlay charges.

A capital outlay charge shall be paid for every single-family lot developed. In the case of multifamily, commercial, professional, industrial, hotel, motel or assisted living facility uses, a fee shall be charged for every unit developed. In the case of a mini-storage facility, a fee shall be charged for every equivalent dwelling unit at the rates established for the underlying general planned land use designation. The fees listed below shall be reviewed and adjusted as warranted annually by variations in actual operating costs. The fees shall be fixed by the City Council, by resolution, and shall be included in the Master Development Fee Schedule. This fee shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest. (§ 8, Ord. 76-33, eff. December 1, 1976; as amended by § 3, Ord. 80-16, eff. June 18, 1980; § 3, Ord. 81-21, eff. July 15, 1981; § 13, Ord. 86-13, eff. June 4, 1986; § 6, Ord. 89-17, eff. May 18, 1989; § 3, Ord. 93-24, eff. December 1, 1993; § 9, Ord. 02-12, eff. May 6, 2002; § 4, Ord. 07-19, eff. August 3, 2007)

6.3.20.1 Landfill liner development fee.

(§ 1, Ord. 06-32, eff. September 17, 2006; § 5, Ord. 07-19, eff. August 3, 2007; § 16, Ord. 08-13, eff. July 4, 2008; repealed by § 6, Ord. 13-13, eff. July 12, 2013)

6.3.21 Payment of fees.

The fees set forth in Section 6.3.20 of this chapter shall be due and payable as a condition precedent to and upon the approval of a final tract map, a site plan, or a building permit. Payment may be deferred in accordance with the provisions of Sections 3.6.01 through 3.6.05, or until the issuance of a building permit; provided, that the owner/developer or person submits to the City appropriate security, which is acceptable to the City, upon approval of the final tract map and/or site plan, as follows:

(a) The fee for each unit, except for each unit in a mobile home park or trailer park, shall be paid to the City as a condition precedent to and upon the approval of a final tract map or the issuance of a building permit;

(b) The fee for each unit in a mobile home park or trailer park shall be paid to the City as a condition precedent to and upon approval of the final site plan for the mobile home park or trailer park containing such unit or the issuance of a building permit; and

(c) The fee for each commercial building, professional building, industrial building, hotel, motel and assisted living facility shall be paid to the City as a condition precedent to and upon approval of the final site plan or the issuance of a building permit.

(d) The fee for any type of development requesting service shall be paid to the City as a condition precedent prior to obtaining service to the development.

(e) Any development considered to be public infrastructure, including planned regional, community, and area parks as defined in the Clovis General Plan, water well and booster pump sites, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, sewer lift station sites, shall be exempt from the payment of fees under this section. (§ 1, Ord. 83-4, eff. May 4, 1983; as amended by § 1, Ord. 89-13, eff. April 19, 1989; Ord. 98-4, eff. May 20, 1998; Ord. 97-11, eff. June 5, 1997; § 11, Ord. 03-15, eff. June 18, 2003)

6.3.21.1 Protest procedures.

An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 7, Ord. 13-13, eff. July 12, 2013)

6.3.22 Street sweeping service, fees and charges.

(a) Service. The City shall perform street sweeping service on all City streets at least once per month and may contract for such service to be performed by an authorized agent. The street sweeping service and charge provided herein are part of the comprehensive refuse collection services provided by the City pursuant to this chapter.

(b) Fees and Charges. Beginning July 1, 2022, each customer shall be charged for the street sweeping service in the amount of two and 75/100ths dollars ($2.75) per month, to be billed at the same time and in the same manner as refuse/garbage service is billed. Where two (2) or more living units or businesses are served by one water and/or sewer connection and are included on one account, the street sweeping fee shall be assessed for each such unit or business.

(c) Annual Adjustments. Beginning July 1, 2023, and annually each July 1 thereafter, the monthly street sweeping charge as provided in this section shall be increased annually by four percent (4%). Prior to June 30 of each year beginning in 2023, the Public Utilities Director shall evaluate the street sweeping fund balance and, if determined to be adequate without the annual increase or with a lesser increase or with a fee reduction, shall recommend to the City Council a suspension or reduction of the authorized fee increase or a fee reduction for the next fiscal year. (Ord. 96-20, amended December 16, 1996; as amended by § 3, Ord. 03-41, eff. December 31, 2003; § 1, Ord. 21-09, eff. January 5, 2022)

6.3.23 Single-family and multifamily residential recycling: Definitions, service, fees and charges, anti-scavenging.

(a) Definitions.

“Authorized agent” is defined as the private party authorized by written agreement executed by the City to collect recyclables/recyclable materials from residential customers within the City limits.

“Centralized customer” shall mean multifamily development owners (including mobile home parks) within the City limits not receiving curbside service.

“Centralized service” is the process under this agreement by which recyclables/recyclable materials are carried by multifamily residents to a centralized collection point in their “container” and separated and placed into the proper centralized collection receptacle and collected by City’s authorized agents.

“Container” is defined as any or all collection containers provided each customer by City.

“Curbside customer” shall mean all single-family residences and those multifamily residences (including mobile home parks) which (1) have curbside capability, and (2) are designated by City for curbside recyclables service.

“Curbside service” is the process under this agreement by which recyclables/recyclable materials are placed in containers at curbside by residential customers and collected by City’s authorized agents.

“Recyclables/recyclable material” shall mean those materials to be collected by City through its authorized agent as specified by the City Council by resolution.

“Residential customer” shall mean all single and multifamily and mobile home park residences within the City limits receiving curbside service.

“Commercial customer” shall mean any customer not classified as a residential customer.

(b) Service, fees and charges. Customers shall be provided with recycling services as established by resolution of the City Council by the City’s authorized agent upon the terms and conditions as established by said resolution.

Each curbside customer shall be charged for the availability of this recyclable service in the amount of two and 49/100ths dollars ($2.49) per month, to be billed at the same time and in the same manner as refuse/garbage service is billed. Each curbside customer shall be provided two (2) City-labeled containers for recyclables at no initial charge, except motor oil is to be placed at curbside in customer-provided containers as instructed. Curbside customers will be charged actual costs plus delivery and administration expenses for any replacement containers required because of the curbside customer’s abuse, damage, destruction, theft, appropriation or willful neglect, such charges to be billed as incurred.

(c) Anti-scavenging. Except for the authorized agent and its officers, agents and employees, it shall be unlawful for any other person to pick up, collect, take, appropriate or remove any recyclables/recyclable materials from any container after it has been placed at the collection point by the customer or resident for collection under these provisions of the Clovis Municipal Code and as provided by City Council resolution.

(d) Annual Adjustment. The user rates as provided in this section shall be adjusted beginning July 1, 2007 and annually each July 1, thereafter by four percent (4%). Prior to the end of fiscal year 2008/09 staff shall reevaluate the refuse fund for a possible rate reduction. (Ord. 97-8, amended, 07/01/1997, adopted by Council 4/14/97, eff. 7/1/97; Ord. 96-20, amended, 12/18/1996; § 8, Ord. 04-51, eff. July 1, 2005; § 9, Ord. 04-51, eff. July 1, 2006; § 10, Ord. 04-51, eff. July 1, 2007)

6.3.23.1 Commercial and multifamily recycling regulations.

(a) Definitions.

“Authorized agent” is defined as the private party authorized by written agreement executed by the City to collect recyclables/recyclable materials from commercial customers within the City limits.

“Centralized customer” shall mean multifamily residential facilities (including mobile home parks) within the City limits not receiving curbside service.

“Commercial customer” shall mean any customer not classified as a residential customer or centralized customer.

“Container” is defined as any or all collection containers provided each customer by City or its authorized agent.

“Recyclables/recyclable material” shall mean those materials to be collected by City through its authorized agent as specified by the City Council by resolution.

“Residential customer” shall mean all single-family and multifamily and mobile home park residences within the City limits receiving curbside service.

(b) Service, fees and charges. Commercial or centralized customers that choose to obtain recycling bin service shall contract for such service with the City’s authorized agent. Recycling bin(s) of appropriate size and number shall be provided to the commercial customer by the City’s authorized agent. Where space is available, the recycling bin(s) shall be placed in the customer’s bin pad. If there is not sufficient space in the existing bin pad for the recycling bins, the recycling bins shall be placed in locations approved by the City and its authorized agent.

6.3.24 Residential greenwaste recycling: Definitions, service, fees and charges.

(a) Definitions.

“Authorized agent” is defined as the private party authorized by written agreement executed by the City to collect greenwaste materials from residential customers within the City limits of the City.

“Container” is defined as the specifically identified collection container provided each customer by the City for the purpose of storing and collecting such greenwaste.

“Container service” is the process under this agreement by which greenwaste materials are placed in the container at curbside, or other location approved by the City, by residential customers are collected by City’s authorized agents.

“Greenwaste” shall mean the following materials to be collected by the City through its authorized agent: grass clippings, prunings, wood and other organic materials normally resulting from landscape maintenance activities.

“Residential customer” shall mean all single-family residences and those multifamily residences (excluding mobile home parks) which (i) have curbside capability and (ii) are designated by City for container service.

(b) Service. All residential customers within the City limits of the City shall be provided with once-a-week greenwaste container services by the authorized agent on the same days as regular container or other refuse service is provided the residential customer. If special circumstances prevail, the City may designate a different day for collection of greenwaste. In accordance with instructions, residential customers shall separate and place greenwaste curbside, or other location approved by the City, for collection in the City-provided greenwaste container no later than the same time as refuse and garbage are to be set out for collection.

(c) Fees and charges. Each residential customer shall be charged for the availability of the greenwaste container service in the amount three and 66/100ths dollars ($3.66) per month, to be billed at the same time and in the same manner as refuse/garbage service is billed. Each residential customer shall be provided one (1) City-labeled container for greenwaste at no initial charge. Residential customers will be charged actual costs plus delivery and administration expenses for any replacement container required because of the residential customer’s abuse, damage, or destruction resulting from willful neglect, such charges to be billed as incurred except as determined by the City as infeasible.

(d) Additional service. If a residential customer determines that one greenwaste container provides insufficient capacity, an additional container may be provided by the City at the same fee and charge as set forth in subsection (c) of this section.

(e) Anti-scavenging. Except for the authorized agent and its officers, agents and employees, it shall be unlawful for any other person to pick up, collect, take, appropriate or remove any materials from a greenwaste container after it has been placed at curbside by the residential customer for collection under these provisions of the Clovis Municipal Code.

(f) Annual Adjustment. The user rates as provided in Section 6.3.24 shall be adjusted beginning July 1, 2007 and annually each July 1st, thereafter by four percent (4%). Prior to the end of fiscal year 2008/09 staff shall reevaluate the refuse fund for a possible rate reduction. (§ 5, Ord. 04-51, eff. July 1, 2005; § 6, Ord. 04-51, eff. July 1, 2006; § 7, Ord. 04-51, eff. July 1, 206.3.25

6.3.25 Alternate payment of capital outlays charges.

(a) As set forth in Section 6.3.20 of this chapter, any capital outlay charges required shall be a debt owing to the City until paid. This section (alternate payment of capital outlay charges for additions to existing development) will allow the owner of developed property an option for the payment of capital outlay charges to the City when such property is required to pay said fees as set forth in Section 6.3.21 of this chapter.

(b) Capital outlay charges may be made in substantially equal monthly installments upon the execution of an agreement setting forth the terms provided in this section.

(1) The owner requesting installment payments shall file an application therefor and pay in advance any application fee required. The application fee shall be set and adjusted by the Director of Finance to cover the cost for processing the application.

(2) The application fee and the total of such charges shall be as designated and shall be collected in accordance with procedures prescribed by the Director of Finance. Such capital outlay charges shall be owed by and collected from the owner of the property. The division of the charges into periodic payments for the purpose of billing and collection, as provided in this section, or any failure or delinquency in the collection or payment thereof, shall not waive or excuse the payment of any part of the total of such charges due. Any balance due may be collected with any further periodic installment payments, or by the collection of delinquencies from the owners by the exercise of a lien, or otherwise, at the option of the City.

(3) The agreement shall be executed by all record owners of the land requesting the financing.

(4) The agreement shall provide that the interest rate shall not exceed the Federal Fund rate, on the day the agreement is signed, which shall be that Federal Fund rate of the immediate preceding

(banker’s) day as reported in the Wall Street Journal.

(5) The agreement shall provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the owner of the property, and that the whole balance of charges due shall be paid upon the sale of the property by the owner.

(6) The agreement shall be of the form and content prescribed by the Director of Finance and approved by the City Attorney.

(c) The payment plan provided for in subsection (b) of this section shall apply only to capital outlay charges for the property.

(d) This section shall not apply to new construction or payment for capital outlay charges provided for under procedures regulating the division of land, or to property owned by a government or governmental agency, or whenever the Council has adopted a resolution of intention to construct improvements by special assessments within a district.

(e) The agreement provided for in subsection (b) of this section shall be in the form of a covenant running with the land to be served, and, when it is recorded in the records of the County, the balance of any charges due and to become due shall be a lien upon the land. The following shall apply to the lien and its enforcement whenever charges agreed to be paid have become delinquent under such agreement:

(1) the lien shall attach to the land upon the recording of the agreement in the records of the County.

(2) The Director of Finance shall release the lien upon the payment of all charges due or to become due under the agreement by recording a release thereof.

(3) The lien, when attached to the land, shall have the force, effect, and priority of the judgment lien and shall continue until released by the Director of Finance or an order of a court of proper jurisdiction.

(4) The Council may release all or any portion of the land subject to any such lien or subordinate the lien to other liens or encumbrances if the Council determines that the amount due is sufficiently secured by a lien on other property or that the release or subordination will not jeopardize the collection of the amount due.

(5) A warrant may be issued by the Director of Finance for the collection of any amount due for the enforcement of any lien directed to the sheriff or constable and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy upon the sale of real property pursuant to a writ of execution. The sheriff or constable shall receive, upon the completion of his services pursuant to a warrant, and the Director of Finance is authorized to pay to him, the same fees and commissions and expenses in connection with services pursuant to such warrant as are provided by law for similar services pursuant to a writ of execution; provided, however, fees for publication in a newspaper shall be subject to approval by the Director of Finance rather than by the court. Such fees, commissions, and expenses shall be an obligation of the person or persons liable for the payment of such charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of such charges.

(6) In addition to collection pursuant to subsection (5) of this subsection, the Director of Finance may sell the property (or any part) subject to the lien pursuant to Section 3052 of the Civil Code of the State. (Ord. 98-4, eff. May 20, 1998)

6.3.26 Fee Exemption for Certain Accessory Dwelling Units.

An accessory dwelling unit, as defined in Section 9.40.020, shall be exempt from the payment of a separate garbage and rubbish fee, greenwaste recycling fee, and curbside recycling fee where the persons occupying the accessory dwelling unit and the primary dwelling unit function together as a bona fide single housekeeping unit. To be eligible for the exemption, the property owner who occupies one (1) unit and an adult who occupies the other unit each shall execute an affidavit or declaration under penalty of perjury, in a form approved by the City, declaring that the persons occupying both units constitute a bona fide single housekeeping unit. The exemption shall be valid for a maximum of one (1) year, and may be renewed annually upon the execution of new affidavits or declarations. The exemption shall be denied or terminated if the Director of Finance determines that the occupants of the primary dwelling unit and the accessory dwelling unit do not constitute a bona fide single housekeeping unit. Upon the granting of the exemption, the lot upon which the two (2) dwelling units are located shall be provided the basic single family unit service for garbage and rubbish, curbside recycling and greenwaste recycling. The provisions of this section shall not apply to the capital outlay charge described in Section 6.3.20 of this code, or to the street sweeping charge described in Section 6.3.22 of this code. (§ 1, Ord. 99-2, eff. February 18, 1999)