Chapter 8.08 WASTE MANAGEMENT

A. “Acts” means (1) the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, Section 40000 et seq. (and sometimes referred to as “AB 939”) and (2) the Solid Waste per Capita Disposal Measurement Act, each as they may be amended from time to time.

B. “Ashes” means the residue from the burning of wood, cardboard, paper, brush and similar material resulting from heating, cooking or disposing of waste combustible materials, but not including ashes resulting from industrial processes.

C. “Bulky waste” means large items including, but not limited to, stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, special waste materials, or stable matter with weights or volumes greater than those allowed for in containers.

D. “City manager” means the city manager, or his or her designee.

E. “Collector” means any person authorized to collect, transport, process and/or dispose of refuse, green waste and/or recyclables within the city pursuant to an agreement with the city as set forth in CMC 8.08.050.

F. “Commercial refuse” means all bulky waste, garbage, rubbish and stable matter originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military, correctional institutions, nonprofit research organizations, government offices and any other commercial unit. Commercial refuse does not include construction and demolition debris.

G. “Commercial unit” means a site zoned for a commercial business and which generates commercial refuse.

H. “Construction and demolition debris” means any combination of inert building material and solid waste material resulting from building, construction, alteration, remodeling, repair, or demolition operations on pavements or on any residential or commercial buildings or other structures, including asphalt, brick, stone, cement, land clearing, lumber, plaster, carpeting, drywall, plastic pipe, steel, roofing, packaging, and rubble.

I. “Container” means a plastic, metal, or fiberglass receptacle designed to be lifted and emptied mechanically for use at residential, commercial, and industrial units and having a lid capable of preventing entrance by vectors. A container may be color-coded in blue/gray (recyclables), black (refuse), and green (green waste).

J. “E-waste” means waste material previously used as a computer, server, monitor, printer, keyboard, mouse, telephone or similar telecommunications device (land line or portable), radio or television, or other electronic device, or any part thereof, separated from refuse and recyclables which, due to the presence of certain chemicals, must be specially collected and processed for either recycling or disposal. The city may provide to occupants within the city a list of materials that qualify as e-waste under this chapter.

K. “Garbage” means every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not limited to, all putrescible or easily decomposable waste, animal matter or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of bulky waste, construction debris, special waste materials, or stable matter.

L. “Green waste” means leaves, plants, grass clippings, tree trimmings, brush, tree and bush trunks, branches, and other forms of organic waste generated from landscapes and gardens, which are not hazardous waste.

M. “Hazardous waste” means any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous as that term is defined or pursuant to federal or state law, including but not limited to flammable waste, liquid waste, sewage sludge, waste from pollution control processes, contaminated soil, explosive substances, poisonous chemicals, solvents, radioactive materials, infectious waste, and medical waste.

N. “Household hazardous waste” means any hazardous waste commonly used by the public, including but not limited to cleaners, polishes, bleach, pool chemicals, herbicides, insecticides and insect repellents, rodenticides, fertilizers, batteries, thermostats, sealants, propane and other gas fuels, gasoline, kerosene, oils, and lighter fluid.

O. “Household recyclables” means commonly used plastic, glass, or metal bottles, cans or containers, cardboard or paper, and similar recyclables separated from residential, commercial, or industrial refuse.

P. “Industrial refuse” means all garbage, rubbish, bulky waste, and stable matter originating from mechanized manufacturing facilities, factories, refineries, publicly operated treatment works, and any other industrial unit. Industrial refuse does not include construction and demolition debris.

Q. “Industrial unit” means a site zoned for an industrial use and which generates industrial refuse.

R. “Occupant” means the property owner, tenant in lawful possession, service customer, or other person responsible for the removal, collection, transportation, processing and disposal of refuse, green waste, special waste materials and recyclables from a residence, commercial unit, or industrial unit.

S. “Recyclable materials” or “recyclables” means solid waste that is source separated, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling.

T. “Refuse” means commercial refuse, residential refuse, and industrial refuse.

U. “Residential refuse” means garbage, rubbish, bulky waste, and stable matter generated from single-family or multiple-family dwellings. Residential refuse does not include construction and demolition debris.

V. “Rubbish” means all wood waste, wood products, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials not included in the definition of bulky waste, green waste, recyclable materials, garbage, stable matter, or special waste materials.

W. “Special waste materials” means construction and demolition debris collected and transported away from a construction/demolition site by a construction/demolition contractor’s own vehicles and employees and delivered to a materials recovery facility owned or operated by a collector, hazardous waste, and e-waste. Construction and demolition debris not collected and transported away from a construction/demolition site by a construction/demolition contractor’s own vehicles and employees and delivered to a materials recovery facility owned or operated by a collector shall be deemed recyclables and not special waste materials.

X. “Stable matter” means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. (Ord. 18-03 § 2, 2018; Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; 1964 Code § 13.1.)

8.08.020 Adoption of county ordinance – Private refuse disposal facilities.

For the purpose of prescribing regulations for the operation of private refuse disposal facilities within the city and collecting fees from owners of private refuse disposal facilities, that certain Ordinance No. 11886 of the county of Los Angeles, entitled “An Ordinance Establishing the Solid Waste Ordinance of the County of Los Angeles and Amending the Administrative Code and Business License Ordinance Relating to the Regulation of Solid Waste Handling and Disposal,” including amendments thereto, effective April 13, 1979, three copies of which are on file in the office of the city clerk for public record and inspection, is adopted by reference. Whenever in Ordinance No. 11886 reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to include in its true geographical location the entire area of the city of Covina. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1453 § 1, 1980.)

8.08.030 Promulgation and enforcement of waste management rules and regulations.

A. It shall be the duty of the city manager to enforce all provisions of this chapter and other laws, ordinances or regulations pertaining to the storage, collection, transportation, processing and disposal of refuse, green waste, special waste materials, and recyclables within the city. The city manager may adopt such rules and regulations as may be necessary and proper for the operation of collection, transportation, processing and disposal services. Such rules and regulations may include controls, restrictions, rules or regulations governing collection, transportation, processing and disposal services, and the customers or users of such services with regard to the storage, processing, collection, transportation and disposal of refuse, green waste, special waste materials, and recyclables.

B. A copy of such rules and regulations, including the revisions thereof, shall be filed in the office of the city clerk, together with a copy of the resolution of the council approving the same. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1455 § 1, 1980; Ord. 1394 § 6, 1978; 1964 Code § 13.5.)

8.08.040 Accumulation prohibited – Mandatory collection, transportation, processing and disposal.

A. It is unlawful for any occupant to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled or occupied by him or her in the city any refuse, green waste, special waste materials, or recyclables which are putrid or offensive or which are a fire hazard, health menace or a public nuisance. It shall be the duty of each such occupant to cause any such accumulation to be handled, treated, placed, and disposed of as set forth in this chapter.

B. It is mandatory for any occupant of an occupied residence, commercial unit, or industrial unit within the city to arrange for the collection, transportation, processing and disposal of all refuse, green waste, and recyclables on at least a weekly basis and pay the related charges described in CMC 8.08.180. If a residence, commercial unit, or industrial unit generates refuse, green waste, and/or recyclables at a rate such that weekly collection, transport, processing and disposal is insufficient to prevent an accumulation that violates subsection (A) of this section, the city may require an occupant to arrange for such collection, transportation, processing and disposal more frequently than once weekly, as determined by the city manager.

C. Any occupant of a residence, commercial unit, or industrial unit within the city shall arrange for the collection, transportation, processing and disposal of all refuse, green waste and recyclables from the residence, commercial unit, or industrial unit with either of the following:

1. The city; or

2. One or more collectors who, pursuant to CMC 8.08.050, have entered into an approved agreement with the city for the collection, transportation, processing and disposal of refuse, green waste, and recyclables.

D. Any occupant of a residence, commercial unit, or industrial unit within the city shall, as needed, arrange for the collection, transportation, processing and disposal of all special waste materials from the residence, commercial unit, or industrial unit and may do so only with a business permitted by the city to perform such services pursuant to Chapter 8.09 CMC. Notwithstanding the foregoing sentence, an occupant may, as needed, self-haul e-waste or household hazardous waste to a public or legally operated private collection facility or recycling center without a permit, as more specifically set forth in CMC 8.08.080(C). No occupant, under any circumstances, may self-haul any other types of special waste materials without first obtaining a permit pursuant to Chapter 8.09 CMC. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; 1964 Code § 13.2. Formerly 8.08.050)

8.08.050 Award of agreement.

The city council may, based upon the recommendation of the city manager, find that the public health, safety, and welfare require that the city award a nonexclusive, partially exclusive, or wholly exclusive agreement with a collector for the collection, transportation, processing and disposal of refuse, green waste and recyclables, as defined in Section 40195 of the California Integrated Waste Management Act, for any given geographic area within the city. Should the city council award such agreement(s), such collection, transportation, processing and disposal services must be provided in compliance with the Acts, all other applicable laws, and the terms and conditions imposed by the city council in any approved agreement with the collector. (Ord. 11-2000 § 1, 2011.)

8.08.060 Disposal agreement required.

No person shall dump, deposit, place, or bury refuse, green waste, or recyclables on land within the city limits without obtaining approval of an agreement therefor from the city council pursuant to CMC 8.08.050. Residential composting of green waste does not require an agreement. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1394 § 6, 1978; 1964 Code § 13.3.)

8.08.070 Deposit on public place.

It is unlawful for any person to deposit or to cause or permit to be deposited any refuse, green waste, special waste materials, or recyclables upon or in any public street, alley or other public place, or upon any public premises in the city, except in the manner and at the time and place as provided in this chapter. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; 1964 Code § 13.4.)

8.08.080 Collection, transportation and processing – Prohibitions and exceptions.

A. It is unlawful for any person to collect, process or transport, or to cause or permit to be collected, processed or transported, any refuse, green waste, or recyclables within the city; provided, that the provisions of this section shall not apply to any person in the employ of the city who is assigned by the city to the work of refuse, green waste, or recyclables collection, transportation, processing and disposal, or to any person with whom the city has entered into or may hereafter enter into an agreement for the collection, transportation, processing and disposal of refuse, green waste, or recyclables or to any employee of such collector during such time as such agreement is in force.

B. It is unlawful for any person to collect, process or transport, or to cause or permit to be collected, processed or transported, any special waste materials within the city without first obtaining a permit from the city pursuant to Chapter 8.09 CMC; provided, however, an occupant may self-haul e-waste and household hazardous waste without such a permit in accordance with subsection (C) of this section.

C. Nothing in this section shall preclude the occupant of a residence, commercial unit, or industrial unit from personally removing e-waste, household recyclables, and household hazardous waste from the residence, commercial unit, or industrial unit occupied by him or her and transporting same to a public or a legally operated private collection facility or recycling center; provided, that the occupant complies with the following:

1. All removal and transportation performed pursuant to this subsection (C) shall be accomplished by the occupant or by the occupant’s employees using the occupant’s own vehicles and equipment. No subcontracting of such work is permitted.

2. Commercial or passenger motor vehicles may be used by a self-hauler in accordance with this subsection (C) only if the e-waste, household recyclables, and household hazardous waste is so contained as to prevent it from leaking, dripping, falling, blowing, or scattering from the vehicle in which it is being transported. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1394 § 6, 1978; 1964 Code § 13.6.)

8.08.090 Collection, transportation, processing and disposal agreement required.

A. No person shall engage in the business of collection, transportation, processing or disposal of refuse, green waste, or recyclables in the city from any premises in the city without first entering into a written agreement approved by the city council pursuant to CMC 8.08.050.

B. No person shall engage in the business of collection, transportation, processing or disposal of special waste materials within the city without first obtaining a permit from the city pursuant to Chapter 8.09 CMC. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1394 § 6, 1978; 1964 Code § 13.7.)

8.08.100 Collection – Supervision.

The city manager shall supervise the collection, transportation, processing and disposal of all refuse, green waste, special waste materials, and recyclables in the city. He or she may make such rules consistent with the provisions of this chapter and with any approved agreement as may be necessary, reasonable and proper to effect the expedient, economical, and efficient collection of refuse, green waste, special waste materials, and recyclables. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1394 § 6, 1978; 1964 Code § 13.8. Formerly 8.08.110.)

8.08.110 Collection – Routes, days and hours establishment.

Except as otherwise provided in any approved agreement, the city manager shall establish routes, days and hours for collection of refuse, green waste, and recyclables, and may change the same from time to time. When such routes, days and hours are established or changed, the city manager shall give notice thereof. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001. Formerly 8.08.120.)

8.08.120 Residential refuse containers – Requirements.

A. Separate residential containers, including but not limited to residential refuse, green waste, and recyclable material containers, shall be furnished to each occupant by the city or its approved collector for green waste, recyclables, and all other residential refuse, unless otherwise exempted by this chapter or specifically approved by the city manager. Each container shall be kept clean and in a sanitary condition by the occupant of the residence that said container serves.

B. All ashes, when placed in a refuse container, shall be cold, dampened, and free from any fire, live coals, or other substances capable of igniting or which might ignite other materials with which they come in proximity or contact.

C. Any residential refuse, green waste, or recyclables that cannot be placed in a container, as described in this chapter, may be placed for collection at curbside. Green waste placed for collection at curbside must be securely tied in bundles not heavier than 50 pounds nor more than four feet in length.

D. It is unlawful for an occupant to introduce residential refuse, special waste materials, green waste, or any materials which are not recyclables into a container designed for recyclable materials.

E. It is unlawful for an occupant to introduce residential refuse, special waste materials, recyclables, or any materials which are not green waste into a container designed for green waste.

F. It is unlawful for an occupant to introduce green waste, special waste materials, recyclables, or any materials which are not refuse into a container designed for refuse.

G. It is unlawful for any person to place for collection any residential refuse, green waste, or recyclables on any premises other than the place from which such refuse, green waste, or recyclables accumulated or was generated. (Ord. 11-2000 § 1, 2011.)

8.08.130 Commercial and industrial refuse containers – Requirements.

A. Containers shall be furnished to each occupant by the city or its approved collector for commercial or industrial refuse, unless otherwise exempted by this chapter or specifically approved by the city manager. Each container shall be kept clean and in a sanitary condition by the occupant of the commercial unit or industrial unit that said container serves.

C. It is unlawful for a person occupying or having control of any commercial or industrial unit to introduce special waste materials or any materials that are not commercial or industrial refuse, green waste, or recyclables into a container.

D. It is unlawful for any person to place for collection any commercial or industrial refuse, green waste, or recyclables on any premises other than the place from which such refuse, green waste, or recyclables accumulated or was generated. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001.)

8.08.140 Places for collection.

A. It shall be the duty of every occupant of a residence, commercial unit, or industrial unit placing refuse, green waste, or recyclable containers for collection to place the same in the following manner:

1. For residential collection, containers shall be placed as close to the roadway as practical, with wheels against the curb and spaced at least one foot apart to allow for mechanized collection, without interfering with or endangering the movement of vehicles or pedestrians. No refuse, green waste, or recyclable containers shall be placed in any other location for collection except by express approval of the city manager, or as permitted by any applicable agreement. No occupant shall permit refuse, green waste, or recyclable containers to remain at the place for collection for more than 24 hours before or after the time of collection.

2. For commercial and industrial collection, containers shall be placed in a location that allows for mechanical collection and which minimizes interference with public rights-of-way, off-street parking and/or ingress and egress serving the premises. All other federal, state and local requirements pertaining to interference with the public right-of-way shall apply. Containers in enclosures shall comply with applicable requirements of Chapters 17.72 and 17.76 CMC.

B. Until refuse, green waste, and/or recyclables have been picked up for collection, the occupant of the premises receiving such service shall clean up any and all refuse, green waste, and/or recyclables spilled in any manner at the premises of which the occupant is in charge. This responsibility remains the sole responsibility of the occupant notwithstanding human or animal interference, wind, or other natural forces. The lids to containers shall remain closed except for the time period it takes to deposit items into the container. Containers shall not be overfilled such that the lids cannot be completely closed. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1394 § 6, 1978; 1964 Code § 13.14.)

8.08.150 Unauthorized removal or use.

No person, other than the occupant of the residence, commercial unit, or industrial unit, his or her agents or employees, or an officer or employee of the city, or any person holding an agreement with the city for collection, transportation, processing or disposal of refuse, green waste, or recyclable materials, his or her agents or employees authorized for such purpose, shall tamper or meddle with or remove any container or refuse, green waste, or recyclable materials. No employee of the city or of any collector shall remove or dispose of, for the employee’s individual use or benefit, any refuse, green waste or recyclables or container used for the collection, transportation, processing or disposal of refuse, green waste, or recyclables. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; 1964 Code § 13.15.)

8.08.160 Service application – Form.

Before any refuse, green waste, or recycling services will be supplied by the city or by any collector to any person, the occupant of the residence, commercial unit, or industrial unit shall make a written application for such refuse, green waste, or recyclable collection, transportation, processing and disposal service upon a form provided by the city or by the collector. (Ord. 11-2000 § 1, 2011; Ord. 1877 § 1, 2001.)

8.08.170 California Integrated Waste Management Act/Solid Waste per Capita Disposal Measurement Act – Imposition of charges.

This provision is enacted for the purpose of compliance with the Acts. The city shall adopt a source reduction and recycling element and household hazardous waste element pursuant to said Acts which shall include the imposition of charges to fund the preparation, adoption and implementation of said elements. Such charges and method of collection shall be determined, fixed and established by the city council by ordinance or resolution duly and regularly adopted. Such charges and methods of collection may be changed by the city council from time to time by ordinance or resolution and shall respectively be applicable for the respective periods designated in or governed by such respective ordinance or resolution. (Ord. 11-2000 § 1, 2011; Ord. 1877 § 1, 2001; Ord. 91-1734 § 1, 1991.)

8.08.180 Charges – Imposition – Determination – Service discontinuance for nonpayment.

There are imposed charges for the collection, transportation, processing and disposal of refuse, green waste, and recyclables by the city. Each occupied residence, commercial unit, and industrial unit within the city shall be responsible for the payment of these charges and be required to pay, at a minimum, for the level of service equivalent to other similar residences, commercial units, and industrial units. Such charges for collection, transportation, processing and disposal services rendered or to be rendered shall be those which the city council may from time to time determine, fix, and establish by ordinance or resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by ordinance or resolution and shall respectively be applicable for the respective periods designated in or governed by such respective ordinances or resolutions. A refuse bill shall be considered delinquent if the occupant fails to pay any refuse bill on or before 30 days after the date the bill is addressed to the occupant and posted in the United States mail. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1397 § 2, 1979; Ord. 1394 § 6, 1978; 1964 Code § 13.17.)

8.08.190 Service discontinuance – Service restoration – Appeal.

A. An occupant who vacates a property shall notify the city or collector pursuant to the procedure in CMC 8.08.220.

B. If an occupant receiving service fails to pay the bill within 30 days after it becomes delinquent, his or her service shall be discontinued after five days from mailing of written notice to discontinue service, mailed to him or her at his or her last known place of residence or business. Any occupant whose service has been discontinued due to nonpayment shall make a cash deposit to the city or to the collector in a sum equal to four times the amount of the monthly charge for service before service may be reinstated. If full payment of the delinquent bill is not made and the deposit is not paid within 15 days following discontinuance of service, the city or the collector may cancel the account and recover any and all containers that previously served the residence, commercial unit, or industrial unit.

C. If an occupant receiving service fails to comply with any other provisions of this chapter, the city manager shall so notify the occupant in writing. The notice shall be sent to the occupant’s last known place of residence or business, shall state the nature of the violation(s) and the necessary corrective action to be taken and shall provide the occupant at least 15 days to correct the violation(s). The notice shall constitute the city manager’s order to correct the violation(s). If the occupant fails to correct the violation(s) within the time specified in the notice, the city manager may order that the occupant’s service be suspended or discontinued. If the service is discontinued, the city or the collector may recover any and all containers that previously served the occupant’s residence, commercial unit, or industrial unit. The city manager may order that service be subsequently restored, upon receiving satisfactory evidence that the violation(s) has/have been corrected and upon compliance upon such other reasonable conditions as he or she may place upon the occupant to prevent future violations.

D. Any occupant may appeal an order of the city manager pursuant to subsection (C) of this section to the city council. Such appeal request shall be in writing and must be filed with the city clerk not less than 15 days following the date of the city manager’s notice/order. The appeal request must indicate a return address and set forth the basis for the appeal. If the appeal deadline falls on a day City Hall is closed, then the deadline shall be extended until the next regular business day. Upon receipt of a timely appeal request, the city clerk shall fix a date, time, and place for the city council to hear the appeal and shall notify the occupant in writing no less than five days before the hearing. The failure of the occupant to receive such notice shall not affect the validity of any proceedings under this section. The city council shall conduct an orderly, fair hearing and accept evidence on which persons commonly rely in their ordinary business affairs. The city council shall not be bound by formal rules of evidence. The city council may affirm, reduce, reverse, or modify the city manager’s decision. The decision of the city council shall be final. Failure of an occupant to file an appeal and appear for a hearing in accordance with the provisions of this subsection shall constitute a waiver of that person’s rights to challenge the city manager’s order and a failure to exhaust administrative remedies. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1397 § 3, 1979.)

8.08.200 Cash deposit – Refund.

Any person who has made a cash deposit pursuant to CMC 8.08.190 may apply, in writing, to the city or the collector for a refund of such deposit. No refund shall be made unless the person applying for the refund has maintained the refuse bill account on a current basis for 12 continuous months preceding the date upon which the application for refund is received, and has, for the same 12 continuous months preceding the date upon which the application for refund is received, caused no more than one delinquency, as defined in CMC 8.08.180. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1397 § 3, 1979.)

8.08.210 Delinquent bill – Deduction from deposit.

If the occupant receiving refuse, green waste, or recyclable service has a deposit placed with the city or the collector, the amount of the delinquent bill may be deducted therefrom in which event the occupant or business shall be required to restore the deposit when the amount thereof has been deducted by the city or the collector and used in the liquidation of such bill. If the deposit is not restored after 15 days from the mailing of written notice to restore the same, service shall be discontinued as set forth in CMC 8.08.190(B). (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1397 § 3, 1979.)

8.08.220 Charge – Liability.

The city council finds and determines that the regular collection of refuse, green waste, and recyclables, and transportation, processing and disposal thereof from all places in the city, is beneficial to the inhabitants of the city and necessary for the public health, safety, and general welfare of the citizens and is a service to the premises from which it is collected. All occupants of residences, commercial units, and industrial units in the city are liable for the refuse, green waste, and recyclable collection charges prescribed by this chapter. In the event that any residence, commercial unit, or industrial unit in the city will become vacant and the occupant desires to discontinue refuse, green waste, and/or recyclable collection, transportation, processing and disposal service to said residence, commercial unit, or industrial unit, it shall be the duty of such occupant to notify the city or the collector in writing of such vacancy and the occupant’s desire to discontinue such service at least 30 days before such service is to be discontinued in order to be exempt from liability for the charges imposed in this chapter. An occupant may not request discontinuance of service if the residence, commercial unit, or industrial unit will remain occupied. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001; Ord. 1397 § 3, 1979.)

8.08.230 Unauthorized containers – Impoundment.

All containers used within the city shall be owned and/or operated by either (A) the city, (B) an approved collector of the city, or (C) a business that collects, processes or transports special waste materials within the city pursuant to a permit issued from the city under Chapter 8.09 CMC. All other containers are unauthorized and may be immediately removed and impounded by the city manager. In addition, the city manager may immediately remove and impound any container(s) that create a dangerous or hazardous condition constituting an immediate threat to public health or safety.

A. Upon the impoundment of a container, a written notice of such action shall be sent by certified mail, return receipt requested, to (1) the owner or person in charge of the container at the address identified on the container(s) and (2) the occupant, within three days after the impoundment. The notice shall specify (1) the reason(s) why the container(s) is/are unauthorized, (2) the location where the container(s) is/are impounded, (3) that the owner or person in charge of the container(s), or the occupant (jointly and severally), will be responsible for the costs of removal and impound of the container(s), (4) the right to appeal the city manager’s decision to impound pursuant to subsection (B) of this section, and (5) that, unless the city manager’s decision is appealed, any container(s) not retrieved within 30 days following the impound will be sold or disposed of by the city and the city may retain any proceeds. Failure of an owner or person in charge of an impounded container or occupant to receive written notice pursuant to this subsection shall not invalidate the impoundment.

B. The owner or person in charge of the container or the occupant may appeal the city manager’s decision to impound the container to the city council within 15 days following the date of the impound notice, as provided in CMC 8.08.190(D).

C. The owner or person in charge of the container or the occupant who provides sufficient proof of ownership or responsibility for the container may have such container returned within a reasonable time, not to exceed 15 days from the date of impoundment or, if an appeal is timely requested, within 15 days from the date the appeal becomes final. The container shall not be returned until the owner or person in charge of the container or the occupant pays an impound fee as established from time to time by resolution of the city council, plus the reasonable cost of disposing of the contents of the container and the reasonable costs of impounding, removing, and storing the container, if any, in excess of the fee established by the city council. If it is determined on appeal that the container was authorized to be used in the city, any impound fee and costs paid for the release of a container shall be refunded to the owner or person in charge of the container or to the occupant, whoever paid the impound fee.

D. If no appeal has been requested, or, if requested, has resulted in a final decision that the container was rightfully impounded, and if the impound fees and costs specified in this subsection have not been paid within 30 days following the impound, or if timely appealed, within 30 days following the city council’s final decision, the city manager may sell or otherwise dispose of the container and retain the proceeds from any such sale or other disposition.

E. The city manager may delegate to a collector the authority to remove and impound unauthorized containers, to provide written notice to owners, persons in charge and occupants, to collect fees and costs, and to dispose of unclaimed containers, all as authorized by this section. Prior to exercising such delegated authority, the collector shall enter into a written agreement, in a form satisfactory to the city, indemnifying and holding harmless the city against all claims and causes of action arising out of the collector’s actions herein. The collector shall also agree to amend its operating agreement issued by the city pursuant to CMC 8.08.050 to reflect that impoundments performed by the collector without full compliance with this section shall be deemed violations of the collector’s operating agreement. The city manager may revoke this delegation of authority, in whole or in part, at any time in his or her sole discretion, and the collector shall acknowledge that any such revocation shall not be deemed a breach of the collector’s operating agreement. (Ord. 11-2000 § 1, 2011.)

8.08.240 Penalties for failure to comply with this chapter.

A. The violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall constitute a misdemeanor, which is punishable in accordance with Chapter 1.16 CMC.

B. The violation of any provision of this chapter is also hereby declared to constitute a public nuisance, which may be abated by the city pursuant to the procedures set forth in Chapter 8.40 CMC.

C. This chapter may also be enforced pursuant to the administrative citation procedure set forth in Chapter 1.26 CMC.

D. The provisions of this section are cumulative to any other remedies authorized by law. (Ord. 11-2000 § 1, 2011; Ord. 01-1877 § 1, 2001. Formerly 8.08.230.)

For statutory provisions regarding weed and rubbish abatement by municipalities, see Government Code § 39501 et seq.; for provisions authorizing cities to contract for garbage and refuse disposal and to prescribe terms and conditions by resolution or ordinance for such service, see Health and Safety Code § 4250; for provisions prohibiting dumping of garbage on roads or private property, see Penal Code § 374b and Health and Safety Code § 4476.