Chapter 8.04 REFUSE REMOVAL AND DISPOSAL

The health, welfare and safety of the people in the city require that a mandatory collection procedure be established for the periodic collection and the disposal of all refuse that accumulates within the city. Such a refuse collection and disposal procedure benefits all real property owners in the city. To ensure the existence and continuance of such a refuse collection system, the city council finds that all real property owners are required to properly maintain and store refuse upon their properties, that each property owner mandatorily engage in the contracting for refuse collection by the collection contractor, and that a fiscal procedure be established to accomplish said purposes as set forth in this chapter. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.020 Enforcement.

Failure to comply with the provisions of this chapter shall lead to enforcement actions pursuant to Article V, VI, or VII of this chapter. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.030 Definitions.

In this chapter, unless the context otherwise requires:

A. “Black cart waste” or “black container waste” means refuse that is appropriate for storage and disposal in the black cart or container and includes rubbish.

B. “C&D” means construction and demolition debris.

C. “Cart” means all such plastic receptacles ranging between 15 and 96 gallons in volume provided by the city or collection contractor that store refuse for collection.

D. “Collection contractor” means the city department, private contractor, franchise holder or a combination of these designated and approved by the city council to collect and dispose of refuse.

E. “Collection station” means the curbside or enclosure location where refuse is placed in carts, containers or bundles for the purpose of collection through curbside programs by the collection contractor. For commercial premises with a designated refuse enclosure, collection station is synonymous with refuse storage location as defined in this section.

F. “Commercial premises” means business, commercial, industrial (as defined in Chapter 18.06 PMC) and other types of premises other than residential premises with fewer than five units and includes without limitation all commercial use classifications provided in PMC 18.08.080, governmental and quasi-public use classifications provided in PMC 18.08.060, and all industrial use classifications provided in PMC 18.08.100.

G. “Container” means all such metal receptacles one cubic yard and larger in volume provided by the city or collection contractor that store refuse for collection.

H. “Contamination” of carts or containers occurs when:

1. Organic refuse as defined by PMC 8.09.030 such as carpet, hazardous wood waste, or noncompostable paper, is placed in the green cart or container as defined by this section.

2. Organic refuse is placed in a black cart or container as defined by this section.

3. Organic refuse is placed in the blue cart or container as defined by this section.

4. Nonrecyclable refuse is placed in the blue cart or container.

5. Nonorganic refuse is placed in a green cart or container.

6. Recyclable refuse as defined by PMC 8.06.030 is placed in the black or green cart or container.

7. Paper products and printing and writing paper as defined by PMC 8.09.030 may be considered acceptable and not considered contaminants if they are placed in the blue cart or container.

I. “Disposal area” means the site where the disposal of refuse not produced on that site is permitted to occur.

J. “Enforcement official” means city code enforcement officer, environmental services staff, police department staff, building inspector, the city manager, or any authorized designee who is partially or wholly responsible for enforcing this chapter.

K. “Hauler route” means the designated itinerary or sequence of stops for each segment of the collection service area in the city.

L. “Household hazardous waste” is defined to include but is not limited to home and garden products, automotive care products, paint and paint related products, personal care products, and miscellaneous leftover or unused portions of chemical products used to maintain your home that are not suitable for disposal in the black, blue, or green carts and containers, and must be brought to the household hazardous waste facility as set forth in PMC 8.04.090.

M. “Large event” means an event that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit or privately owned premises when being used for an event.

N. “Occupant” means a person or entity using, leasing, renting, existing on, residing in, or creating solid waste on a residential or commercial premises in the city.

O. “Permittee” means the person or entity that receives authorization from the city to host a special event or temporary activity in the city.

P. “Premises” includes a Residential dwelling, Commercial establishment, vacant property, and every parcel of land in the city.

Q. “Prohibited waste material” means items that are prohibited from being placed in the black, blue, and green carts and containers as defined in this section, PMC 8.06.030, and 8.09.030 respectively, and includes:

1. Schedule A1 prohibited waste material, or prohibited waste material that is collectable by the collection contractor via a special collection service, including: furniture, appliances, e-waste, tires, box springs, mattresses, Christmas trees, toilets, tubs, bathroom and kitchen sinks, shower panels, wood pallets, treadmills, basketball hoops, bicycles, doors, mirror closet doors, carpet, window coverings, sliding glass doors, charcoal and gas grills, electric lawn mowers, and other items as specified by the city or collection contractor.

2. Schedule A2 prohibited waste material or prohibited waste material that is collectable by the collection contractor via the special curbside waste program, including: batteries, compact fluorescent bulbs, oil filters, and other special curbside program waste as defined by city and collection contractor.

3. Schedule B prohibited waste material, or prohibited waste material that is not collectable by the collection contractor, including:

a. Dead animals;

b. Designated waste: as defined in 27 CCR Section 20210;

c. Hazardous waste, as defined in the California Public Resources Code Section 40141;

d. Industrial wastes;

e. Liquid wastes: wastes that contain more 50 percent liquids by weight may not be disposed of in a landfill without an exemption from the Regional Water Quality Control Board;

f. Medical waste regulated pursuant to the California Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the California Public Resources Code;

g. Oils;

h. Radioactive waste regulated pursuant to the California Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code);

i. Sewage;

j. Sludge;

k. Volatile wastes;

l. Aerosol cans (unless empty);

m. Waste that in jurisdiction’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose jurisdiction, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

R. “Property owner” means the owner of real property including a lot, parcel, or site as defined by PMC 18.06.595.

S. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining contamination of carts or containers and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

T. “Refuse” means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, excluding Schedule B prohibited waste material as defined in subsection (Q) of this section, but including:

1. Schedule A1 and A2 prohibited waste material rubbish (black cart/container waste) as defined in this section;

2. Recyclable refuse (blue cart/container waste) as defined in PMC 8.06.030;

3. Organic refuse (green cart/container waste) as defined in PMC 8.09.030.

U. “Refuse storage location” means the location on a premises, on other than collection days, where refuse is stored in carts, containers or bundles. For commercial premises with a designated refuse enclosure, refuse storage location is synonymous with collection station as defined in this section.

V. “Residential premises” means single- and multifamily premises with fewer than five dwelling units. Residential premises shall receive individual curbside refuse service.

W. “Rubbish” means all refuse not disposed of for recycling purposes but excludes Schedule B prohibited waste material as defined in subsection (Q) of this section and organic refuse as defined in Chapter 8.09 PMC. Disposal of rubbish is appropriate only in the black cart or container.

X. “Self-haul” means when a person other than the collection contractor hauls solid waste generated to a disposal area appropriate for receipt of said solid waste.

Y. “Solid waste” means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible including refuse and all prohibited waste material as defined in subsection (Q) of this section.

Z. “Special collection service” as described in PMC 8.04.150 means a collection service that collects Schedule A1 prohibited waste materials upon request for transport to a disposal area.

AA. “Special event” or “temporary activity” means an event held on public or private property in the city that requires authorization via a special event permit or temporary activity permit from the city.

BB. “Source separate” or “source separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the refuse stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace. For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, or occupants into different containers for the purpose of collection such that source separated materials are separated from black cart or container waste or other refuse for the purposes of collection and processing.

CC. “Uncontainerized collection service” means a collection service that collects green cart or container waste (as defined in PMC 8.06.030) and household hazardous waste (as defined in subsection (L) of this section) that is properly stored outside of standard carts or containers per PMC 8.04.060 for collection and transport to the disposal area as described in PMC 8.04.150. [Ord. 21-1489 § 1, 2021; Ord. 18-1449 § 3, 2018; Ord. 997 § 1, 1990.]

Article II. Mandatory Requirement to Have Collection Service

8.04.040 Mandatory requirement on all real property owners.

A. A mandatory requirement shall be imposed on the property owner of every type of real property to store, collect, and dispose of all refuse which is produced or accumulated on the premises according to this chapter.

B. Failure to comply with any provision of this chapter is an infraction, punishable as provided for in this chapter and in PMC 1.12.020. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

Article III. Storage, Collection and Disposal of Refuse

8.04.050 Storage of refuse.

A. A property owner or occupant of a premises within the city where refuse is produced or accumulates shall obtain and maintain carts or containers for receiving and holding, without leakage or escape of odors, all refuse which is produced or accumulated upon the premises. All carts and containers shall be kept on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition at all times. The carts and containers shall be located in such places on the premises as to be readily accessible for removing and emptying and the property owner or occupant shall ensure that the lids or covers are kept closed, that refuse is not placed outside the cart or container, and that carts or containers do not leak or spill.

B. Property owners or occupants of a commercial premises shall use a cart or container provided by the collection contractor for receiving and holding all refuse produced, created, or accumulated upon said premises. All containers shall be kept in a sanitary condition at all times and the property owner or occupant shall ensure that the lids or covers are kept closed, that refuse is not placed outside the container, and that the containers do not leak or spill. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the property owner or occupant. Failure to relocate the containers following notice shall be unlawful and constitute an infraction, punishable as specified in Article V of this chapter.

C. A property owner or occupant leasing a residential premises shall provide and keep carts for refuse as defined in this chapter and determined by the city and collection contractor for each household residing on the leased premises.

D. A property owner or occupant leasing a commercial premises shall provide and keep containers as defined in this chapter so that there is adequate space to store the volume of containers required by the city of Pittsburg Trash and Recycling Enclosure Guidelines for all the refuse created, as determined by the city or collection contractor.

E. No property owner or occupant may deposit prohibited waste materials in the carts or containers.

F. A property owner or occupant may not:

1. Allow refuse to be scattered about the premises;

2. Allow the contents of a cart of container to exceed 75 pounds in weight;

3. Present for collection refuse which is packed into carts or containers so that the refuse will not fall out of the cart or container when it is upended;

4. Allow any cart or container to remain uncovered whenever any refuse is in it;

5. Store carts, containers, Schedule A1 prohibited waste material or Schedule A2 prohibited waste material on days other than collection day, in a refuse storage location that is noncompliant with this section and subsection (C) of this section and PMC 8.04.080. Refuse storage locations shall be screened from public view. For purposes of this section, “screened” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as specified by the city. Refuse storage locations shall be maintained in a good, usable, clean and sanitary condition at all times.

G. Owners and occupants of commercial premises shall place and maintain all containers in a code compliant location readily accessible to the collection contractor but shall not be placed within the limits of any street or other public place or in such a place or manner as to constitute either a fire hazard or a public nuisance. The property owner or occupants of a commercial premises shall keep their containers in a location not visible from the public right-of-way unless approved by the city. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.060 Storage and disposal of solid waste for uncontainerized collection, special collection service, and the special curbside waste program.

A. Green cart or container waste as defined in PMC 8.06.030 produced from the premises shall be presented for collection on the street in front of the generator’s dwelling or place of business in either a cart, container, or sealed plastic bag. Tree and bush branches shall be assembled in tied bundles. The bundles shall not exceed 75 pounds in weight or five feet in length or two feet in diameter.

B. Schedule A1 prohibited waste materials produced from the premises shall be presented for collection at the collection station the night prior to a scheduled special collection service as described in PMC 8.04.130.

C. Schedule A2 prohibited waste materials produced from the premises shall be presented for collection as designated by the collection contractor for the special curbside waste program in front of the generator’s house or place of business the night prior to a scheduled special curbside waste program pickup as described in PMC 8.04.130. All Schedule A2 prohibited waste shall be contained in a labeled plastic bag or oil container provided by the collection contractor.

D. On-demand programs shall only be provided by the collection contractor as directed by the city to enhance the collection of refuse in the city. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.070 Storage and disposal of prohibited waste materials.

A. A property owner or occupant shall not (1) allow prohibited waste material as defined in PMC 8.04.030(Q) to remain scattered about the premises in an unsightly and unsanitary manner, (2) deposit such prohibited waste materials upon other premises unless for the purpose of collection as described in PMC 8.04.060, (3) deposit such prohibited waste materials in provided carts or containers, or (4) otherwise store or allow prohibited waste materials to accumulate on a premises within the city, except the officially designated disposal area, unless a special permit is obtained from the city council.

B. Schedule B prohibited waste materials shall be stored and disposed of pursuant to PMC 8.04.090. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.071 Discarding of refuse.

A. No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any solid waste upon private property either with or without the intent to later remove the same from that premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public premises.

B. No property owner, occupant, or permittee shall cause contamination as defined in PMC 8.04.030 of carts or containers. All property owners, occupants, and permittees shall separate their refuse according to its characterization as black, green, or blue cart or container waste, and place each type of refuse in a separate cart or container designated for disposal of that type of refuse. No property owner, occupant, or permittee may mix any type of refuse, or deposit refuse of one type in a cart or container designated for refuse of another type, except as otherwise provided in this chapter. This section does not prohibit any property owner or occupant from engaging in home composting. [Ord. 21-1489 § 1, 2021.]

8.04.080 Collection of carts and containers.

A. Property owners and occupants of any premises in the city shall use a cart or container provided by the collection contractor or specified by the city and/or collection contractor for receiving and holding all of the refuse produced, created, or accumulated upon said premises. No cart or container, other than one owned by the city or collection contractor, shall be placed or kept at the collection station on collection day.

B. Property owners and occupants shall ensure that cart and container lids are kept closed, that refuse is not placed outside the cart or container except in compliance with PMC 8.04.060, and that carts, containers, and bundles do not leak or spill.

C. Other than the specified collection station on collection days, no cart or container shall be placed or kept in or on any sidewalk, footpath or any public place, or remain in public view from any public right-of-way. No person shall place a cart or container so that either the sidewalk or street gutter is obstructed.

D. On collection day, carts and containers shall be located at the collection station readily accessible for removing and emptying.

E. Upon written notification from the collection contractor or the city that carts or containers are not being maintained according to this chapter, they shall be relocated immediately by the property owner or designated occupant as described in PMC 8.04.210. [Ord. 21-1489 § 1, 2021; Ord. 18-1449 § 5, 2018.]

8.04.090 License or franchise required for collection.

A. No person or entity shall engage in the business of collecting refuse within the city, or haul refuse through a street or public right-of-way in the city, unless that person or entity has been granted a franchise or license to do so by the city. However, the Property owner or occupant of a premises may transport excess refuse produced on its own premises to the disposal area, subject to the requirements of PMC 8.04.140, pertaining to refuse transportation.

B. A property owner or occupant shall not store any solid waste in any type of cart, container, debris box, or similar type equipment, from any person or entity other than the collection contractor, including without limitation, any unauthorized haulers.

C. It is unlawful for any person or entity to interfere in any manner with the lawful operations and franchise rights granted to the collection contractor.

D. Schedule B prohibited waste material shall be disposed of at the Delta Diablo Household Hazardous Waste Facility located at 2500 Pittsburg-Antioch Highway in Antioch, CA 94565. Generators of Schedule B prohibited solid material may self-haul these materials from the premises of generation to this disposal area but must adhere to the provisions of PMC 8.04.140. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.100 License or franchise for collections.

After notice given under California Government Code Section 6066 and after a public hearing is held, the city council may provide for the collection of refuse within the city by the issuance of one or more exclusive franchises or licenses to private collection contractors. The terms and conditions, not inconsistent with this chapter, under which the collection contractor may be required to collect and dispose of refuse and the payment to be made to the collection contractor shall be specified in the applicable franchise or license. The franchise or license shall be authorized by resolution of the city council. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.110 Frequency of service.

Refuse shall be collected by the collection contractor from every occupied residential premises once each week, and from each commercial premises with such frequency as an enforcement official may require for sanitary reasons. Organic refuse as defined in PMC 8.09.030 shall be collected from the collection station once each week or with such frequency as the code enforcement officer or the fire chief may reasonably require for sanitary or fire prevention reasons. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.120 Time of service.

Solid waste may be collected only between the hours of 4:00 a.m. and 4:00 p.m., Monday through Saturday, inclusive. A regular collection of refuse may be made on Sunday in each business district zoned for and predominantly used by commercial establishments. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.130 Regulations of service.

A. The collection contractor is not required to (1) close gates which must be opened to obtain access to a collection station, (2) replace a cover on the cart or container after emptying it, or (3) pick up refuse which has been scattered on the premises by another.

B. Carts and containers shall be placed at the collection station for collection not earlier than 5:00 p.m. on the day preceding the day of collection and not later than 4:00 a.m. on collection day.

C. Schedule A1 and A2 prohibited waste materials shall be placed at the collection station for collection not earlier than 5:00 p.m. on the day preceding the scheduled special collection service or special curbside waste program day as applicable, and not later than 4:00 a.m. on the scheduled collection day.

D. Property owners and occupants shall remove carts or containers from the street no later than 8:00 p.m. on the date of collection.

E. No property owner or occupant shall place Schedule B prohibited waste material at the collection station or elsewhere for collection, except as allowed in PMC 8.04.070. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.140 Vehicles used to transport refuse.

A. Each collection contractor vehicle used for hauling refuse within the city shall be of such construction as to comply with all applicable laws, rules and regulations of California, and shall be of a type and construction to prevent leakage or overflow. All refuse in such vehicle shall be completely covered when in route from the last collection station to the disposal area to prevent any refuse from spilling or blowing from the vehicle.

B. Each vehicle not belonging to the collection contractor permitted to haul solid waste within the city shall be of such construction as to comply with all laws, rules and regulations of California, and shall be of a type and construction to prevent leakage or overflow. All solid waste in such vehicle shall be completely covered when in route from the last collection station to the disposal area to prevent any solid waste from spilling or blowing from the vehicle. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.150 Special collection service and the special curbside waste program.

A. Schedule A1 prohibited waste material shall be the subject of a special collection service by the collection contractor upon request of the property owner or occupant of a premises.

B. Property owners or occupants shall be responsible for requesting and paying the collection contractor for a special collection service. The collection contractor is not required to make a special collection service. The collection contractor shall provide rate information before performing the special collection service and complete the special collection service within 48 hours of receipt of the request, excluding Saturdays, Sundays and holidays, unless otherwise requested by the property owner or occupant. The rate information provided by the collection contractor for special collection service are subject to approval by the enforcement official upon request of the property owner or occupant, under PMC 8.04.180(B).

C. Schedule A2 prohibited waste material shall be the subject of the special curbside waste program.

D. Collection per the special curbside waste program occurs upon a property owner or occupant’s request to the collection contractor. The collection contractor shall complete the special curbside waste program collection within 48 hours of receipt of the request, excluding Saturdays, Sundays and holidays unless otherwise requested by the property owner or occupant. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.160 Dead animal disposal.

A. Dead animals shall be disposed of by the animal control director of the county as provided in Chapter 416-12 of the Contra Costa County Code.

B. No person may deposit or place a dead animal upon or in the ground or upon the tidelands within the city limits. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.170 Ownership of refuse.

All refuse upon being moved by the collection contractor from the premises where produced becomes the property and responsibility of the collection contractor. All refuse taken to the disposal area by the occupant of the premises upon which the refuse was produced, shall, upon its delivery to the disposal area, become the property and responsibility of the operator of the disposal area. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.180 Designation of collection charges.

A. The property owner or designated occupant as described in PMC 8.04.210 of every residential premises in the city shall pay for residential premises refuse collection service, except as provided in PMC 8.04.220. The city council shall fix residential premises refuse collection charges by resolution.

B. The property owner and/or occupant of every commercial premises in the city shall pay for commercial premises refuse collection service pursuant to the mutually agreed upon refuse collection rates between the property owner and/or occupant of the commercial premises and the collection contractor.

C. The charge for a special collection service, for an additional cart or container, or for a collection more often than once a week or frequency established by PMC 8.04.110 shall be by agreement between the collection contractor and the property owner or occupant requesting the special services. If a dispute arises over the cost between the collection contractor and property owner or occupant, the dispute shall be resolved by the enforcement official. The enforcement official’s decision may be appealed to the city council in the manner provided in PMC 8.04.220(B). [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.190 Disposition of collection charges.

A. All money collected by the city from the collection contractor relating to the refuse collection charges pursuant to a franchise or contract between the city and the collection contractor shall be credited to a special revenue account and shall be deposited in the general fund.

B. The city council may provide by franchise or contract that payment shall be made to the collection contractor no more frequently than twice a month. Payments to the collection contractor shall be made, in accordance with the terms of the franchise or contract, without prior city approval of each payment.

C. In the case of payments made to the city, the finance director shall make periodic reports of the payments as directed by the city council. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.200 Payment to collection contractor.

If the city council issues a franchise or license to a collection contractor, the collection contractor charges to the property owner or designated occupants as defined by PMC 8.04.210 of the premises shall be paid directly to the collection contractor rather than to the city. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.210 Collection of charges by collection contractor.

A. Notwithstanding any other provisions of this chapter, the collection contractor shall assume full responsibility for the collection of refuse payment from each customer. Any property owner who has transferred the obligation to subscribe and pay for collection and disposal of refuse to another person or entity is liable to the collection contractor for unpaid charges.

B. If a customer who is not the property owner vacates the premises, the mandatory subscription for collection and disposal services will be assigned to the property owner, except as provided in Article II of this chapter. The property owner may not transfer the obligation to subscribe and pay for collection and disposal of refuse to another person until any unpaid balance is paid in full. Failure or refusal to pay collection and disposal service charges when due may result in immediate termination of collection service. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.220 Exceptions to refuse collection charges.

A. The city manager may reduce or eliminate the refuse collection fee for occupied residential premises where the property owner or occupant can detail, in writing, the extraordinary circumstances which reduce the need for refuse collection substantially below that required by the average similar premises within the city.

B. Upon receipt of the complaint, the enforcement official shall direct the collection contractor to make an investigation and written report within 30 days. The collection contractor report shall include findings and recommendations whether the fee should be reduced, eliminated or remain unchanged.

C. After reviewing the report and making any further investigation considered necessary, the enforcement official shall notify the complainant and the collection contractor in writing and within 45 days of the original complaint of the city’s manager’s decision.

D. Either the complainant or the collection contractor may appeal the enforcement official’s decision by filing a written notice of appeal with the city clerk within 15 days after notification of the decision. The city council shall hear the appeal after notice of the hearing date has been mailed to complainant and the collection contractor at least 10 days before the hearing date. The city council’s decision is final. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.230 Disposal area.

A. The enforcement official may either:

1. Designate an official disposal area for the disposal of refuse collected from within the city; or

2. Designate as the official disposal area for the city a disposal area provided by another; or

3. Designate an official disposal area in areas of the city to contain carts, containers, or compactors as deemed necessary for the storage of refuse materials; or

4. By franchise agree to the use of a disposal area designated by the franchised or licensed collection contractor.

B. The city may designate the location of the official transfer station in Contra Costa County which must be used for all refuse collected from within the city prior to its transport to the appropriate disposal area. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.240 Operation of disposal area.

A. The city council may by resolution or by franchise provide for the designated disposal area to be operated by a city department, by a franchised or licensed collection contractor, by another independent contractor or by another public agency.

B. The designated disposal area used for the disposal of refuse originating in the city must be operated in compliance with all applicable statutes, orders and regulations of California, the county and other public agency having jurisdiction. If a disposal area inside the city is designated for use, the city council shall prescribe specific regulations to ensure a safe and sanitary operation which will not be detrimental to surrounding property. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.250 Disposal by public and self-hauling.

A. Owners and occupants of premises in the city may haul their own solid waste to the disposal area in the city, a source separating operation as specified by the city or collection contractor, or in the case where the items being hauled are not acceptable by a disposal area in the city, a disposal area outside the city appropriate for accepting the hauled solid waste specified by the city or collection contractor from their own premises in addition to the refuse collection service provided by the collection contractor.

B. Owners or occupants must obtain approval to haul solid waste to a source separation operation other than the Contra Costa Waste Services Recycling Center and Transfer Station prior to removing the solid waste from the premises.

C. Owners and occupants shall source separate the hauled solid waste to the best of their ability, and to the extent possible, keep and share with the city a record of the amount of organics as defined by PMC 8.09.030 delivered to each disposal area.

D. Owners or occupants shall subscribe with the collection contractor as provided by PMC 8.04.280. [Ord. 21-1489 § 1, 2021; Ord. 1032 § 1, 1992; Ord. 997 § 1, 1990.]

8.04.260 Burning solid waste.

No person may burn solid waste within the city, except as permitted by the Bay Area Air Quality Management District or its successor. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.270 Deposit of solid waste in public places.

No person may deposit solid waste or allow the collection of solid waste to remain in any public street, highway, right-of-way, watercourse, waterway, levee or bank of a watercourse or waterway, or upon any public premises. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.271 Scavenging prohibited.

A. No person or entity shall tamper with, modify, scavenge from or deposit any type of solid waste in any cart or container which is not provided for the use of that person, without the permission of the collection contractor and the property owner or occupant responsible for payment of the fees pursuant to this chapter.

B. No person or entity other than the collection contractor shall collect any type of refuse originating from any premises or any disposal area within the city. [Ord. 21-1489 § 1, 2021.]

8.04.272 Requirements for special events.

A. The permittee of a special event held in the city must provide a level of refuse service sufficient to contain the refuse generated at the special event.

B. The permittee shall provide carts or containers at appropriate locations at the special event to facilitate the source separation of rubbish, organic refuse as defined by PMC 8.09.030, and recyclable refuse as defined by PMC 8.06.030 by event employees, vendors, and attendees.

C. The three types of carts or containers shall:

1. Be appropriate in number and size with respect to the quantity of refuse, anticipated to be generated at the premises;

2. Bear appropriate signage and be color-coded – blue carts or containers for recyclable refuse, green carts or containers for organic refuse, and black carts or containers for rubbish – to identify the type of refuse to be contained and meet any additional design criteria established by the city; and

3. Be placed together at a location that provides equally convenient access to users.

4. If permittee determines that vendor booths at the special event will require refuse carts or containers, the vendors shall receive from the permittee a set of carts or containers that bear appropriate signage and are color-coded to identify the type of refuse to be contained. [Ord. 21-1489 § 1, 2021.]

Article IV. Mandatory Refuse Collection Subscription

8.04.280 Subscription required.

A. Every property owner or occupant shall subscribe with the collection contractor for the collection and disposal of refuse. The collection and disposal service must be provided in compliance with Articles II and III of this chapter.

B. As set forth in PMC 8.04.210, the property owner is ultimately responsible for a subscription for collection and disposal of refuse for each dwelling or commercial entity on the premises and for payment of any refuse collection charges relating to the premises.

C. It shall be unlawful for any property owner, occupant or contractor doing business on any premises within the city from which refuse is or may be created, accumulated, or produced to subscribe for collection of refuse with any person or entity other than the city’s collection contractor, except as expressly set forth in PMC 8.04.090 and 8.04.150 with respect to Schedule A and Schedule B prohibited waste materials.

D. Failure of an owner to subscribe to the refuse collection service or to otherwise comply with this section shall lead to enforcement measures set forth in Article V of this chapter. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.290 Exemption from subscription requirement.

The enforcement official may exempt a property owner from the requirements of PMC 8.04.280 who demonstrates, and only so long as the property owner continues to show that:

A. The premises are unoccupied; or

B. No solid waste is produced or stored on the premises. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.291 Requirements for owners or occupants of commercial premises.

A. The carts and containers shall: (1) be appropriate in number and size with respect to the quantity of refuse anticipated to be generated at the premises; (2) bear appropriate signage and be color-coded – blue carts or containers for recyclable refuse as defined in PMC 8.06.030, green carts or containers for organic refuse as defined in PMC 8.09.030, and black carts or containers for rubbish – to identify the type of refuse to be contained and meet any additional design criteria established by the city; and (3) be placed as close together as practicable, but in no event less than three feet apart from each other, to provide equally convenient access to users as described in the city of Pittsburg Trash Recycling Enclosure Guidelines.

B. The property owner of any commercial premises shall provide information or training for occupants on the manner of source separation of refuse. The property owner shall provide information or train occupants, at least once per calendar year.

C. The property owner and occupants of any commercial premises shall collaborate to create effective source separation programs. [Ord. 21-1489 § 1, 2021.]

Article V. Enforcement

8.04.300 Nuisance presumed to exist.

A. If in the opinion of the collection contractor, a property owner or occupant fails to comply with any of the provisions set forth in this chapter, including, without limitation, PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and 8.04.291, a nuisance is presumed to exist upon the premises.

B. The collection contractor shall be responsible for reporting presumed nuisances under this section first to the property owner or occupant for an opportunity to resolve the nuisance.

C. If the property owner or occupant does not resolve the nuisance within seven days of receipt of report from the collection contractor, the collection contractor shall notify a city enforcement official of the nuisance. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.310 Notice for failure to comply.

A. The enforcement official shall serve written notice upon each property owner or occupant who fails to comply with the Pittsburg Municipal Code. The notice shall state:

1. The relevant requirements of this chapter, including, without limitation, PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and/or 8.04.291;

2. That a nuisance is presumed to exist on the premises because of the noncompliance;

3. A prescribed remedy for all instances of noncompliance.

4. The 15-day period for curing the nuisance or requesting a hearing;

5. That if these notice instructions are not complied with, the city will abate the nuisance by completing the remedies listed;

6. That the city’s cost for abatement of the nuisance, including administrative costs incurred, may be levied as a special assessment lien against the real property where the premises are located;

7. The estimated cost of abatement for the proposed remedies;

8. The property owner’s or occupant’s hearing rights under PMC 8.04.330, and that he or she may appear in person at the hearing or submit a sworn statement instead of appearing. [Ord. 21-1489 § 1, 2021.; Ord. 997 § 1, 1990.]

8.04.320 Mailing and posting notice.

The notice specified in PMC 8.04.310 shall be considered served when it is deposited in the United States Post Office with postage prepaid and addressed to the property owner or occupant in control of the premises at the last known address according to the current county assessment roll or as known to the city. If no address is there shown or known, then the notice shall be mailed to General Delivery, Pittsburg, California, and posted on the premises. Failure of a property owner or occupant to receive notice given does not affect the validity of the abatement proceedings. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.330 Request for hearing.

A. A property owner or occupant subject to the requirements of PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and 8.04.291 may have a hearing by filing a written request with the enforcement official on the question of why the property owner or occupant should not be required to comply with the provisions of the aforementioned PMC sections.

B. If a hearing is requested within 15 days of service of the notice, the hearing shall be held within 20 days of the request at a time and place fixed by the enforcement official. Notice of the hearing shall be mailed to the property owner or occupant requesting the hearing at least 10 days before the hearing date.

C. If no hearing is requested as provided in subsection (B) of this section and the enforcement official has not been advised in writing the prescribed remedy has been made, then the enforcement official is authorized to abate the nuisance as described in the notice. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.340 Manner of holding hearings.

Every hearing under this chapter shall be a public hearing held before the enforcement official who may receive all evidence considered material. The hearing officer is not limited to the technical rules of evidence. The property owner or occupant may either appear in person or submit a sworn written statement in time for consideration at the hearing. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.350 Decision.

If at the conclusion of the public hearing the hearing officer determines that no exemption under PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and 8.04.291 is applicable or that no remedy was made in a timely manner, then the hearing officer shall order abatement be completed by the city or collection contractor for the cost of abatement of the nuisance. The hearing officer shall determine the cost of abatement to be charged against the property owner or occupant. The written order including the cost of abatement shall be mailed to the property owner or occupant and any person who made a written presentation to the hearing officer for the hearing but did not appear. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.360 Appeals.

A property owner or occupant aggrieved by the decision of the hearing officer under this chapter may appeal to the city council by filing written notice of appeal with the city clerk within 10 days of the decision. The city council shall hear the appeal after written notice of the time and place of the hearing has been mailed to the aggrieved property owner or occupant within 10 days before the hearing. The decision of the city council is final. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.370 Final abatement action.

If the owner of the premises has not established an exemption from the requirements of PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and 8.04.291 after a hearing and decision as provided in PMC 8.04.340 through 8.04.360, or completed the prescribed remedies for infractions, then the enforcement official shall direct the enforcement officer or the collection contractor to abate the nuisance at the noticed cost. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.380 Administrative expenses.

A. The administrative costs in an abatement proceeding authorized by this chapter shall be based on (1) the actual expense incurred by the city and (2) delinquent fees owed to the collection contractor. These abatement costs may not exceed the estimate in the costs noticed or the written decision (PMC 8.04.350), whichever is greater.

B. The enforcement official shall keep an account of these charges incurred for each parcel of real property served. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.390 Lien and collection.

The abatement cost is due and payable by the property owner of the premises within 30 days after the order or the final disposition of an appeal from that order. If the property owner fails to make the required payment within 30 days, the amount due shall be charged to the property owner as a special assessment against the parcel of land pursuant to Government Code Section 38773.5. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and it shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. [Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.400 Notice of special assessment.

The enforcement official shall file with the tax collector a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

(Cost of Refuse Nuisance Abatement)

Under Government Code section 38773.5 and Chapters PMC 8.04.040, 8.04.050, 8.04.060, 8.04.070, 8.04.071(B), 8.04.080, 8.04.130, 8.04.150, 8.04.210, 8.04.250, 8.04.280, and 8.04.291 of Title 8 of the Pittsburg Municipal Code, city abated a public health nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the current assessment roll. The city fixed the below-shown amount as the cost and hereby claims a special assessment against the parcel for this amount.

AMOUNT OF ASSESSMENT: $________

OWNER(S): _______________________

PARCEL: Real property in City of Pittsburg, Contra Costa County, California:

County’s Assessor’s parcel #__________

[Other description where needed]:

_________________________________

Dated:_______________ City of Pittsburg

By: _________________________

(Enforcement Official)

[Ord. 21-1489 § 1, 2021; Ord. 997 § 1, 1990.]

8.04.410 Other remedies.

Notwithstanding any other provision, enforcement may be undertaken pursuant to the administrative citation and fine provisions at PMC 1.20.030 et seq., at the city’s discretion. The issuance of an administrative citation and/or the imposition and/or payment of an administrative fine pursuant to the administrative citation sections shall be in addition to and not exclusive of any other remedy for violation of ordinances that is available under federal, state or local law or regulation. [Ord. 21-1489 § 1, 2021.]

Article VI. Enforcement for Violations of the Franchise Agreement

8.04.500 Enforcement of violations of this chapter.

A. If in the opinion of the enforcement official, the collection contractor fails to comply with any of the provisions set forth in PMC 8.04.090, 8.04.110, 8.04.120, 8.04.140(A), and 8.04.240, the enforcement official shall:

1. Keep track of the date, nature, and volume of compliance failures by the collection contractor and notify collection contractor in writing thereof.

2. Upon escalation of either the nature and/or volume of compliance failures by the collection contractor, and as specified by the enforcement official or city council, employ enforcement, default, or termination measures as may be expressly set forth in the franchise agreement for refuse and recycling collection and disposal entered into between the city and collection contractor. [Ord. 21-1489 § 1, 2021.]

Article VII Enforcement – Other

8.04.600 Enforcement of other infractions.

A. If in the opinion of the collection contractor or enforcement official, a person or entity in the city fails to comply with any of the provisions set forth in PMC 8.04.160, the enforcement official shall immediately notify animal control and the person or entity responsible for dumping the dead animal shall be subject to animal control pickup fees as defined by the Contra Costa Animal Services Department Fee Schedule.

B. If in the opinion of the collection contractor or enforcement official, a person or entity in the city fails to comply with any of the provisions set forth in PMC 8.04.260, the enforcement official shall immediately notify the Bay Area Air Quality Management District (BAAQMD) and the person or entity responsible shall be subject to BAAQMD enforcement.

C. If in the opinion of the collection contractor or enforcement official, a person or entity in the city fails to comply with any of the provisions set forth in PMC 8.04.071, 8.04.140, 8.04.270, 8.04.271, or 8.04.272 the enforcement official shall immediately notify the Pittsburg police department.

D. No language in this chapter shall be construed as limiting or modifying the right of the collection contractor to file a civil action against any person or entity that violates any of the terms of this chapter or any of the rights granted to the collection contractor under this chapter or pursuant to a franchise agreement between the city and collection contractor. [Ord. 21-1489 § 1, 2021.]

For statutory provisions regarding restaurant sanitation generally, see Health and Safety Code § 28520 et seq.

Prior legislation: 1937 Code §§ 265 through 273, 274.1 through 275 and 291 through 293; Ords. 675, 705, 803, 836, 892 and 935.