Chapter 8.32
GARBAGE REGULATIONS
Sections:
8.32.020 Method of disposal – Containers.
8.32.025 Overloading of dumpster and frequency of service.
8.32.030 Receptacle – Sanitation.
8.32.040 Location for disposal.
8.32.050 Receptacle – Clear path required.
8.32.070 Burning restrictions.
8.32.080 Keeping in receptacles required.
8.32.090 Garbage collector transfer requirements.
8.32.110 Streets and sidewalks – Property owner requirements.
For statutory provisions authorizing cities to contract for the collection and disposal of garbage, see Health and Safety Code § 4250.
8.32.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set out in this section:
A. “Brush,” as used in this chapter, means all vines, branches, limbs of trees or any other organic matter which is rigid and/or not capable of being contained as set forth in HMC 8.32.020(B). All brush shall be cut and bundled as set forth in HMC 8.32.020(C).
B. “Construction materials,” as used in this chapter, means all lumber, concrete, plaster, plumbing pipes and fixtures, with remodeling and/or new construction. Construction materials shall be disposed of as set forth in HMC 8.32.060(A).
C. “Furniture, appliances and bulk items,” as used in this chapter, means pieces of furniture or appliances or other bulk items, not including construction materials, which cannot be contained as set forth in HMC 8.32.020(A) through (C) of either by the property owner or his contractor (at owner’s expense) or as set forth in HMC 8.32.060(B).
D. “Garbage,” as used in this chapter, means and includes all animal or vegetable refuse from kitchens and all household waste that has been prepared or intended to be used as food, or has resulted from the preparation of food, and all animal or vegetable refuse from establishments where foodstuffs intended to human consumption are handled commercially.
E. “Organic trimmings,” as used in this chapter, means all weeds, leaves, grass, shrub and vine trimmings, flexible in nature, capable of being contained as set forth in HMC 8.32.020(B).
F. “Person,” as used in this chapter, means any person, firm or corporation acting as principal, agent, officer, servant or employee for himself or for any other person, firm or corporation.
G. “Rubbish,” as used in this chapter, means and includes all refuse, other than garbage, brush, construction materials, furniture, appliances and bulk items as further defined herein, including paper, rags, glass, sawdust, sweepings and other products for cleaning and maintenance purposes normally associated with residential living. (Ord. 402, 1989).
8.32.020 Method of disposal – Containers.
A. Receptacle – Watertight. It shall be the duty of every person, firm or corporation served under this chapter to utilize a watertight receptacle (metal or plastic) for holding garbage and rubbish, which receptacle shall have a tight-fitting cover to prevent flies and rodents from gaining access to the contents of such receptacle. Such receptacle shall be provided by the city’s contractor, or as may be required by city resolution.
B. It shall be the duty of every person, firm or corporation disposing of organic trimmings to utilize sturdy, heavy-duty plastic bags which are capable of and are sealed shut, and same shall not, when loaded, exceed 50 pounds in weight; or trash receptacles provided by contractor.
C. It shall be the duty of every person, firm or corporation served under this chapter to cut any and all brush, as defined herein, not to exceed five feet in length and six inches in diameter and 50 pounds in weight. (Ord. 402, 1989).
8.32.025 Overloading of dumpster and frequency of service.
A. It shall be the duty of every person, firm or corporation served by this chapter that has dumpster service to make certain that all rubbish, organic trimmings, garbage, brush or other debris is placed in a safe manner and not in an overloaded condition. At no time shall the dumpster be overloaded by the person, firm or corporation. The dumpster lids shall be able to close at all times. It shall be the duty of the city manager or his designee to make certain that sufficient service is being provided to customers. If it is apparent that the customer is abusing the dumpster, it shall be up to the city manager or his designee to order additional service at the customer’s expense.
B. It shall be the duty of every person, firm or corporation serviced by this chapter that requires or requests dumpster service to order and to pay for adequate service. On five or more units, dumpster service is recommended per unit. When dumpster service is requested or required, minimum service shall be determined at 3.0 cubic yards per month per residential unit. It shall be the duty of the city manager or his designee to ascertain that the customers comply with the minimum requirements. At all times, the customer shall place all garbage, brush, etc., in the dumpster. (Ord. 417, 1992).
8.32.030 Receptacle – Sanitation.
It shall be the duty of every person, firm or corporation served by this chapter to keep the garbage/rubbish receptacles used in the service of such person, firm or corporation in a clean and sanitary condition. (Ord. 402, 1989).
8.32.040 Location for disposal.
All receptacles defined in HMC 8.32.020(A) and all plastic bags defined in HMC 8.32.020(B) and all cut brush defined in HMC 8.32.020(C) shall be kept in some convenient and accessible place to be designated by the persons charged with the administration of this chapter, and shall not be situated more than five feet from the curb or alley accessible to the person collecting the garbage, refuse or brush. (Ord. 402, 1989).
8.32.050 Receptacle – Clear path required.
It shall be the duty of the occupant of the premises served to keep a clean path from the street or alley to the garbage, refuse or brush receptacles. (Ord. 402, 1989).
8.32.060 Other disposition.
A. Disposition of Construction Materials. In no case shall the city be obligated to remove any construction materials as defined herein. The expense and arrangements for same shall be borne exclusively by the owner of the premises.
B. Disposition of Furniture, Appliances or Other Bulk Items. Furniture, appliances or other bulk items shall be disposed of by the owner of the premises, at the owner’s expense or as may be provided by city-contracted service. (Ord. 402, 1989).
8.32.070 Burning restrictions.
It is unlawful to burn any garbage, rubbish, brush, construction materials or other items on any lot or premises within the limits of the city. (Ord. 402, 1989).
8.32.080 Keeping in receptacles required.
It is unlawful for any person in the city to throw or deposit any garbage, rubbish, brush or other waste products, or to cause same to be thrown or deposited, upon any street, alley, gutter, curb, park or other public place or to throw or deposit the same in or upon any vacant lot or backyard or to store or to keep the same otherwise than in cans or receptacles or bags as required in this chapter, and it is unlawful to have, store, deposit or keep garbage or rubbish or brush where rats can have access thereto or feed thereon. Each day’s violation of this section shall be treated and considered, and the same shall be, a separate and distinct criminal offense. (Ord. 402, 1989).
8.32.090 Garbage collector transfer requirements.
The garbage collector shall transfer the contents of all containers and bags into the wagon provided therefor, without spilling any materials on stairs, walks, yards or streets, and in the case of garbage, rubbish, organic trimmings and brush, the same shall be delivered to the place provided for the disposal thereof on the same day that such garbage, rubbish, organic trimmings or brush is collected. (Ord. 402, 1989).
8.32.100 Vegetation.
All persons owning property in the city, fronting on any public street, lane or alley of the city, are required to keep the property and the gutter and sidewalks in front of the property free from rubbish, organic trimmings, brush, dirt, sweepings from buildings or sidewalks, and all vegetation growing thereon, save such as may be lawfully planted for ornamental purposes. (Ord. 402, 1989).
8.32.110 Streets and sidewalks – Property owner requirements.
All persons owning property in the city, fronting upon any public street and/or land and/or alley of the city, are required to keep the property and gutter and sidewalks in front of the property free from filth, sweepings, garbage, rubbish and organic growth and trimmings except in the containers and as in this chapter provided, and to keep the sidewalks and the space between the curbline and the property line in good and sufficient repair, and free from obstruction to danger to life and limb. (Ord. 402, 1989).
8.32.120 Location of pickup.
It is unlawful for any person, firm or corporation to leave in the driveway, or at the curb, any container for rubbish, cans or bottles, ashes, garbage or trash for a longer period of time than eight hours on the regular day of collection. (Ord. 402, 1989).
8.32.130 Violation – Penalty.
Any violation of this chapter shall be punished as provided in HMC 1.12.010. (Ord. 402, 1989).
8.32.140 Enforcement.
A. It shall be the duty of the fire chief under HMC 2.12.040(D) to inspect the city and to determine all fire hazards created by the storage or placement of garbage, rubbish, organic trimmings, brush, construction materials, furniture, appliances or other bulk items and to enforce any such hazard by way of any power conferred under this code and/or the Uniform Fire Code adopted by the city and the expense for removal of any such fire hazards after due notice to the owner as set forth in said authorities shall be a charge against the property of the owner for the cost of removal thereof.
B. It shall be the duty of the city health inspector to enforce all ordinances under this code and determine any hazard to health created by the storage or placement of garbage, rubbish, organic trimmings or brush, or furniture, appliances or other bulk items not in accordance with this chapter. The cost of removal by the city health inspector shall be a charge against the property of the owner after due notice to remove same, without compliance.
C. The city attorney for the city is authorized to institute such civil proceedings as may be necessary to enforce the provisions of this chapter and to collect any sums due hereunder. In the event that such civil proceedings are necessary for the collection of said sums or the enforcement of this chapter, the court shall award as further damages to the city, such sums as may be deemed reasonable attorneys’ fees for the enforcement hereof, in addition to all costs. (Ord. 402, 1989).
8.32.150 Notice.
Except as otherwise provided by the Uniform Fire Code adopted by the city, any violation of this chapter sought to be enforced by the fire chief or the health inspector shall be brought to the attention of the owner of the property by posting on the property a notice of violation, setting forth the property address and a clear and plain description of the violation sought to be corrected. Said notice shall be dated and thereafter a certified copy of said notice shall be mailed to the property owner at said address or the last known address of record for said real property owner. Failure by the owner to thereafter correct the violation within five days of the date of mailing shall be deemed a refusal by the owner for which the city may take such steps as are reasonable and necessary to correct the violation and remove the hazard or danger created thereby. (Ord. 402, 1989).
8.32.160 Fees and liens.
The charges and rates for trash collection service shall be set by resolution of the council. Delinquent fees and charges and all penalties thereon shall, when recorded, constitute a lien upon the real property served and such lien shall continue until the fees and charges and all penalties thereon are fully paid or the property is sold therefor. (Ord. 402, 1989).