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Chapter 13.10
SOLID WASTE MANAGEMENT

Sections:

Article I. Purpose – Definitions

13.10.010    Purpose.

13.10.020    Definitions.

Article II. General Regulations

13.10.030    Mandatory collection service.

13.10.035    Collection – Containers, participation and separation required.

13.10.036    Collection and disposal of garbage, organic waste and recyclable materials.

13.10.037    Waivers for commercial business owners.

13.10.038    Commercial edible food generator requirements.

13.10.039    Food recovery organizations and services requirements.

13.10.040    Self-hauler requirements.

13.10.041    Ownership of garbage, organic waste, recyclable materials – Disposal by owner.

13.10.050    Unlawful collection, scavenging, tampering, littering.

13.10.060    Special collection and disposal restrictions.

13.10.070    Regulation of franchisee.

13.10.080    Inspections and investigations.

13.10.090    Enforcement.

Article III. Franchise Agreement

13.10.100    Granting franchise agreement – Rates.

13.10.110    Terms and standards of service – Programs – Essential provisions and franchisee requirements.

13.10.120    Service rates and billing procedures.

Article I. Purpose – Definitions

13.10.010 Purpose.

The city council finds that the storage, accumulation, collection, transportation and disposal of solid waste is a matter of great public concern. Improper control of such matters creates a public nuisance, can lead to air and water pollution, fire hazards, illegal dumping, insect breeding, rodent infestation, and other problems affecting the health, safety and welfare of the residents of this and surrounding cities.

The city council also finds that recycling and organic waste programs are necessary for the city to achieve the landfill diversion goals mandated by the state. (Integrated Waste Management Act of 1989, Pub. Res. Code § 40000 and following.) Failure to comply with this mandate exposes the city and its residents to substantial fines and additional costs.

The city council further finds that reduction of solid waste disposed in landfills is a key component of meeting the statewide climate protection mandate (California Global Warming Solutions Act of 2006). Furthermore, AB 341, the Jobs and Recycling Act of 2011, and AB 1826, the Mandatory Commercial Organics Recycling Act of 2014, require businesses and multifamily property owners to arrange for recycling and organic waste services. Additionally, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, seeks to reduce organic waste in landfills, as a means to reduce methane emissions and to increase edible food recovery to reduce human food insecurity. To that end, the California Department of Resources Recycling and Recovery developed regulations that place requirements on multiple entities, many of which are contained herein. Therefore, in order to protect the public peace, health, safety, and general welfare, to reduce the garbage stream, to reduce methane emissions from landfills, and to comply with state regulations, the city deems it necessary to regulate the separation, collection, disposal and recovery of recyclable materials, organic waste, and garbage as set forth in this chapter. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-1.1)

13.10.020 Definitions.

In this chapter, the following definitions apply:

Act means the California Integrated Waste Management Act of 1989 (commencing with Pub. Res. Code § 40000), as amended, including but not limited to SB 1016 (Chapter 343, Statutes of 2008), AB 341 (Chesbro, Chapter 476, Statutes of 2011), AB 1826 (Chesbro, Statutes of 2014), and SB 1383 (Lara, Chapter 395, Statutes of 2016), and the implementing regulations promulgated by CalRecycle.

Bulky waste means discarded large household appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items which require special handling due to their size, but can be collected without special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned vehicles or household hazardous waste.

CalRecycle means the California Department of Resources Recycling and Recovery.

CCR means the California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

City manager means the city manager of Pleasant Hill or his or her designee.

Collection or collect means the collection of:

A. Garbage and its transportation to a transfer station or landfill;

B. Recyclable materials and their transportation to a processing or materials recovery facility; and

C. Organic waste and its transportation to a processing facility.

Commercial or commercial business means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling of five or more units, or as otherwise defined in 14 CCR section 18982(a)(6).

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in 14 CCR sections 18982(a)(73) and 18982(a)(74).

Compost means the product resulting from the managed and controlled decomposition of organic waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility.

Construction and demolition debris or C&D debris means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure. (See PHMC Chapter 14.40 for regulations.)

Container means an approved container used for the disposal and storage until collection of solid waste, including garbage, organic waste or recyclable materials. It includes a cart, bin, or drop box (or roll-off box, debris box).

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in the SB 1383 regulations require or authorize the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement agency means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the city. The city is an enforcement agency for all sections of this chapter. The city may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including county of Contra Costa.

Enforcement officer means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

Environmental laws means all federal statutes, state statutes, local ordinances and regulations concerning public health, safety and the environment, including amendments to them. These include (by way of example and not limitation):

A. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.;

B. The Resource Conservation and Recovery Act, 42 U.S.C. § 69012 et seq.;

C. The federal Clean Water Act, 33 U.S.C. § 1251 et seq.;

D. The Toxic Substances Control Act, 29 U.S.C. § 1601 et seq.;

E. The Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.;

F. The California Hazardous Waste Control Act, California Health and Safety Code section 25100 et seq.;

G. The California Toxic Substances Account Act, California Health and Safety Code section 25300 et seq.;

H. The Porter-Cologne Water Quality Control Act, California Water Code section 13000 et seq.;

I. The Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code section 25249.5 et seq.

E-waste means discarded electronic equipment such as stereos, radios, speakers, televisions, computers, monitors, VCRs, printers, copiers, facsimile machines, DVDs, microwaves, telephones and similar items, including cathode ray tubes and other universal waste which require special handling.

Excluded waste means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile or corrosive or medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from Pleasant Hill and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of Pleasant Hill would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Pleasant Hill 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 Public Resources Code sections 41500 and 41802. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator has properly placed the materials for collection pursuant to instructions provided by the city or the franchisee providing service to the generator.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores or as otherwise defined in 14 CCR section 18982(a)(22).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR section 18982(a)(25), including, but not limited to:

A. A food bank as defined in Health and Safety Code section 113783;

B. A nonprofit charitable organization as defined in Health and Safety Code section 113841; and

C. A nonprofit charitable temporary food facility as defined in Health and Safety Code section 113842.

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982(a)(26). A food recovery service is not a commercial edible food generator.

Food scraps means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps exclude fats, oils, and grease when such materials are source separated.

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR section 18982(a)(27).

Food waste means food scraps and food soiled paper.

Franchise agreement means the agreement for collection services between the city and franchisee granting the exclusive or nonexclusive franchise for the collection of solid waste, including solid waste, organic waste and/or recyclable materials in the city.

Franchisee means a company that has entered into a contractual franchise arrangement with the city for the collection of garbage, organic waste and/or recyclable materials, under a franchise agreement.

Garbage means those elements of the solid waste stream designated for the landfill, and excludes hazardous waste, universal waste, excluded waste, materials designated for the “organic waste container” or “recycling container” or materials which have been separated for reuse.

Garbage container has the same meaning as “gray container” in 14 CCR section 18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

Generator means a person or entity that is responsible for the initial creation of solid waste, organic waste or recyclable materials.

Green waste means organic material from trees, shrubs, grass and other vegetation. Trees may not be more than six inches in diameter. Green waste does not include plastic bags, brick, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, loose fruits and vegetables, tree trunks, stumps, palm fronds, branches more than six inches in diameter or three feet in length, or pet waste.

Hazardous waste means any substance defined, regulated or listed as a hazardous substance, hazardous material, toxic waste, pollutant or toxic substance or similarly identified as hazardous to human health or the environment under any California or federal law or regulation, including the environmental laws. (See also Universal wastes.)

Household hazardous waste means hazardous waste generated at residential sites in the city, including normal residential amounts of household chemicals, pesticides, motor oil, paint, products containing mercury, e-waste categorized as universal waste (such as a television tube or monitor), antifreeze, and lead-acid batteries.

Landfill means a permitted disposal site which accepts solid waste.

Large event means an event, including, but not limited to, a sporting event or a flea market, 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 park, parking lot, golf course, street system, or other open space when being used for an event, or as otherwise defined in 14 CCR section 18982(a)(38).

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR section 18982(a)(39). For purposes of this chapter and implementation of 14 CCR division 7, chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of SB 1383 regulations, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR section 18982(a)(40), and which has an on-site food facility.

Materials recovery facility or MRF means a permitted facility where solid waste or recyclable materials are sorted or separated for recycling, reuse or processing.

Medical waste or infectious waste means waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, including waste resulting from medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, hospitals, and similar facilities processing wastes which may include human or animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. (Reference: 17 Cal. Adm. Code 314(d); Health and Saf. Code § 117690.)

Multifamily residential dwelling or multifamily means of, from, or pertaining to residential premises, including apartments, with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 regulations. Consistent with SB 1383 regulations, residential premises that consist of fewer than five units are not “multifamily” and instead are “single-family” for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

Organic waste means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982(a)(46).

Organic waste container has the same meaning as “green container” in 14 CCR section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for the organic waste container, including food waste and landscape and pruning waste accepted in the city’s curbside organic waste collection program, and other organic materials as determined by the city.

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section 18982(a)(48).

Processing facility means a facility to which organic waste, including green waste and food waste, or recyclable materials is brought to be processed (into compost, mulch, or soil amendment), separated, or recycled into other products.

Prohibited container contaminants means the following: (A) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city’s recycling container; (B) materials placed in the organic waste container that are not identified as acceptable source separated organic waste for the city’s organic waste container; (C) materials placed in the garbage container that are recyclable materials and/or organic waste; and (D) excluded waste placed in any container.

Recyclable materials or recyclables means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting, such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics.

Recycling center means a facility established and licensed for the collection of recyclable materials, including but not limited to buy-back centers or drop-off locations, which are supplemental to the curbside recycling program operated by a franchisee.

Recycling container means the same thing as “blue container” in 14 CCR section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

Residence or dwelling unit means an individual living unit having bathroom and kitchen facilities in a single-family or a multifamily building. It does not include a hotel or motel or an institutional facility.

SB 1383 means Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016).

SB 1383 regulations means or refers to the regulations promulgated by CalRecycle and contained within 14 CCR division 7, chapter 12.

Self-hauler means a person who hauls solid waste, recyclables, or organic waste he or she has generated, using their own equipment and vehicles, to a facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR section 18982(a)(66)(A).

Single-family means of, from, or pertaining to any residential premises with fewer than five dwelling units.

Solid waste for the purposes of this chapter has the same meaning as defined in Public Resources Code section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

A. Hazardous waste, as defined in the Public Resources Code section 40141.

B. Radioactive waste regulated pursuant to the state Radiation Control Law (Health and Saf. Code chapter 8 (commencing with § 114960) of part 9 of division 104).

C. Medical waste regulated pursuant to the state Medical Waste Management Act (Health and Saf. Code part 14 (commencing with § 117600) of division 104). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Public Resources Code division 30.

Source separated organic waste means those organics that can be placed in an organic waste container including food scraps, food soiled paper, and green waste if accepted by the city’s organic waste collection program. Compostable plastics are not source separated organic waste unless otherwise accepted by the franchisee.

Source separated recyclable materials or recyclable materials means, for the purposes of this chapter, materials capable of being recycled and placed in a recycling container, including but not limited to glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products and printing and writing paper and cardboard, and any other items as determined by the city. Compostable plastics are not source separated recyclable materials unless otherwise accepted by the franchisee.

Tier 1 commercial edible food generator means a commercial edible food generator that is one of the following:

A. Supermarkets with gross annual sales of $2,000,000 or more, or as defined in 14 CCR section 18982(a)(71).

B. Grocery store with a total facility size equal to or greater than 10,000 square feet, as defined in 14 CCR section 18982(a)(30).

C. Food service provider.

D. Wholesale food vendor.

E. Food distributor.

Tier 2 commercial edible food generator means a commercial edible food generator that is one of the following:

A. Restaurant which has 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms or as otherwise defined in 14 CCR section 18982(a)(74)(B).

C. Health facility with an on-site food facility and 100 or more beds, or as otherwise defined in 14 CCR section 18982(a)(73)(C).

D. Large venue.

E. Large event.

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

G. Local education agency.

Transfer station means a facility used to receive solid wastes, temporarily store or process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport.

Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. (22 CCR division 4.5, chapter 23.) They include, for example: mercury thermostats, switches and thermometers; batteries; fluorescent and high-intensity lamps; nonempty aerosol cans; certain consumer electronic devices; and cathode ray tubes such as those found in televisions and nonflat monitors.

White goods means inoperative or discarded refrigerators, ranges, water heaters, freezers, washers, dryers, and other similar large household appliances. (See also Bulky waste.)

Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR section 18982(a)(76)) (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-1.2)

Article II. General Regulations

13.10.030 Mandatory collection service.

It is mandatory that:

A. Each owner or occupant of a single-family or multifamily residence subscribe with a franchisee for collection of garbage, recyclable materials and organic waste, and meet the requirements included in PHMC §§ 13.10.035 and 13.10.036.

B. Each commercial business subscribe with a franchisee for collection of garbage, recyclable materials and organic waste, and meet the requirements included in PHMC §§ 13.10.035 and 13.10.036.

The only exceptions are set forth in PHMC §§ 13.10.037 and 13.10.060. Subscription rates are capped by city council resolution.

No person may contract with and pay anyone other than a franchisee for the collection of residential or commercial garbage or recyclable materials, or organic waste.

Nothing in this chapter shall be construed to interfere with the right of residential generators to reuse or sell their recyclable materials, donate recyclables to a nonprofit organization, or to engage in home composting, or bring materials to a community composting center. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-2.1)

13.10.035 Collection – Containers, participation and separation required.

A. Types of containers. Each franchisee shall provide containers, including recycling containers, organic waste containers and garbage containers. The containers shall meet the standards set forth in the franchise agreement and the standards contained in the SB 1383 regulations. Each franchisee shall make available appropriate-sized containers for generators based on the amount of waste generated.

B. Weekly collection. Generators shall place garbage, recyclable materials and organic waste in designated recycling containers, organic waste containers and garbage containers and each franchisee shall collect containers at least once a week, or less often as provided in a franchise agreement, or more often as requested for a commercial or multifamily premises. The Contra Costa County health department may require a greater number of collections per week for certain commercial premises.

C. Generators shall:

1. Maintain for such residence or commercial premises separate containers, supplied by the franchisee, for the collection and disposal of garbage, recyclable materials, and organic waste. Generators shall arrange for a sufficient number of such containers or pickups to adequately store all garbage, recyclable materials and organic waste generated in connection with the residence or commercial business between the times designated for collection. The city shall have the right to review the number and size of containers and the frequency of collection for adequacy. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR section 18984.9(c) to the extent permitted by other applicable laws.

2. Participate in the collection services provided by the city’s franchisee, by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place organic waste, including food waste, in the organic waste container, recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organic waste container or the recycling container.

3. Maintain garbage containers, recycling containers and organic waste containers in a sanitary condition at all times. No generator shall fill any container above the top so as to permit the contents to be blown or otherwise strewn about. Standard containers shall not exceed the weight limit established by each franchisee.

4. Maintain the containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition. The generator shall ensure that the lid or cover is kept closed, that the materials are not placed outside the container, and that containers do not leak or spill. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.036 Collection and disposal of garbage, organic waste, and recyclable materials.

A. Single-family generators shall place containers at the curb for collection only on the collection day before 6:00 a.m., or the night before after sunset. Generators shall remove containers from the curbside by 12:00 midnight on collection day. Generators using carts for collection shall place the carts on the street against the curb, in front of the premises, or in an alternate location approved by a franchisee, which does not interfere with passage on the street or sidewalk. A single-family generator may arrange with a franchisee for backyard or side yard service under the terms of a franchise agreement. Residential generators shall keep their containers in a location not visible from the public right-of-way.

B. Multifamily and commercial premises using bin or debris box service shall place those containers in an enclosure designed for this purpose, which conforms to the requirements of PHMC § 18.50.070.

C. Containers must comply with current California Fire Code requirements regarding combustible materials (§ 304, Combustible Waste Material, particularly § 304.3).

D. It shall be the responsibility of the single-family property owner or commercial business owner whose garbage container, organic waste container or recycling container was not collected because it contained prohibited container contaminants to properly separate those materials and place them in their designated containers.

E. Failure to collect. If containers placed for collection are not collected at the scheduled time, the generator or property owner shall promptly notify the appropriate franchisee. If a franchisee intentionally does not collect the contents of a container because of improper placement of the container, prohibited container contaminants, or other reason, a franchisee’s agent shall keep a record and leave a written explanation on the container, on the collection day.

F. Excess materials. Generators are responsible for separately arranging for the collection of excess or bulky waste.

G. Commercial generators shall also:

1. Commercial generators including multifamily residential dwellings shall supply and allow access to adequate number, size and location of containers for employees, contractors, tenants, and customers or, if self-hauling, comply with 14 CCR section 18988.3 and PHMC § 13.10.040.

2. Commercial generators that are not multifamily residential dwellings shall provide containers for the collection of organic waste and source separated recyclable materials generated by that business in all areas, both inside and outside, where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises (“user disposal containers”). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR section 18984.9(b), the user disposal containers provided by the business shall have either:

a. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for source separated organic waste. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

b. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. The container labeling requirements are required on new containers commencing January 1, 2022.

3. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, commercial businesses shall prohibit employees from placing materials in a container not designated for those materials.

4. Excluding multifamily residential dwellings, commercial businesses shall periodically inspect containers for prohibited container contaminants and inform employees (for commercial businesses) if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR section 18984.9(b)(3).

5. Commercial businesses shall annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of container materials. A copy of such instructions shall be provided to the city manager, and/or his or her designee, upon request.

6. Commercial businesses shall provide information before or within 14 days of new occupation of the premises to new tenants that describes requirements to source separate materials in the container. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.037 Waivers for commercial business owners.

A. De minimis waivers for organic waste containers. The city manager or his or her enforcement agency may waive a commercial business’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates a de minimis amount of organic waste as described below. A commercial business requesting a de minimis waiver shall:

1. Submit an application on a city form to the city manager or his or her enforcement agency specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.

2. Commercial businesses shall provide documentation with the de minimis waiver application that either:

a. The commercial business’s total solid waste collection service is two cubic yards or more per week and disposed organic waste subject to collection in a recycling container or organic waste container comprises less than 20 gallons per week per applicable container of the business’s total solid waste; or

b. The commercial business’s total solid waste collection service is less than two cubic yards per week and disposed organic waste subject to collection in a recycling container or organic waste container comprises less than 10 gallons per week per applicable container of the business’s total solid waste;

c. For the purposes of subsections A.2.a and b of this section, total solid waste shall be the sum of weekly garbage container waste, source separated recyclable materials, and source separated organic waste container organic waste measured in cubic yards.

B. Physical space waivers. The city manager may waive a commercial business’s or property owner’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if the city manager or enforcement agency has evidence from franchisee, licensed architect, licensed engineer, or city staff demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements of PHMC § 13.10.035.

A commercial business or property owner requesting a physical space waiver shall:

1. Submit an application on a city form to the city manager or enforcement agency specifying the service or requirements for which it is requesting a waiver.

2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for collection containers, which shall include documentation from its franchisee, licensed architect, licensed engineer, or city staff.

C. Approval of waivers.

1. If a de minimis or physical space waiver is granted, the commercial business or property owner, as applicable, must notify the city manager or enforcement agency if the physical space configurations or amounts of organic waste generated changes, in which case the waiver may be rescinded.

2. If a physical space waiver is granted, provide written verification to the city manager or enforcement agency of continued eligibility for a physical space waiver every five years.

3. Commercial businesses or property owners must provide the city’s written approval of the waiver when requesting that the franchisee terminate container collection services or when the city manager or enforcement agency requests verification. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.038 Commercial edible food generator requirements.

Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR section 18991.3.

Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, as defined in Health and Safety Code section 113789, operating at the large venue or large event to comply with the requirements of this section.

Commercial edible food generators shall comply with the following requirements:

A. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.

B. Enter into a contract or other written agreement with: (1) food recovery organizations or food recovery services for the collection for food recovery of edible food that would otherwise be disposed of; or (2) food recovery organizations for the acceptance of edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

C. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

D. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

E. Allow the city to review the commercial edible food generator’s records, including contracts, upon request, by providing electronic copies or allowing access to the premises, pursuant to 14 CCR section 18991.4.

F. A commercial edible food generator shall keep records that include the following information, or as otherwise specified in 14 CCR section 18991.4:

1. A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR section 18991.3(b).

2. A copy of all contracts and written agreements established under 14 CCR section 18991.3(b) and/or this chapter.

3. A record of the following information for each of those food recovery services or food recovery organizations:

a. The name, address and contact information of the food recovery service or food recovery organization.

b. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

c. The established frequency that food will be collected or self-hauled.

d. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

G. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the city that includes the information in subsection F of this section within 60 days of the request.

Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the federal Good Samaritan Act, or prepackaged school food or produce returned to a sharing table for donation pursuant to SB 557 (Chapter 285, Statutes of 2017) or (2) otherwise applicable food safety and handling laws and regulations.

Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code section 114432(a). (Ord. 950 § 1 (Exh. 1), 2021)

13.10.039 Food recovery organizations and services requirements.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the food recovery service collects edible food.

2. The quantity in pounds of food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the food recovery organization receives edible food.

2. The quantity in pounds of food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the food recovery organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the city of Pleasant Hill and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR section 18991.3(b) shall report to the city, or its designated enforcement agency, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the city of Pleasant Hill) pursuant to 14 CCR section 18991.3(b) according to the following schedule: (1) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and (2) no later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.

D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city of Pleasant Hill shall provide, upon request, information and consultation to the county or city, regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the city. A food recovery service or food recovery organization contacted by an enforcement agency designated by the city shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the enforcement agency. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.040 Self-hauler requirements.

Generators may dispose of garbage, recyclable materials or organic waste generated at their own premises with their own vehicle(s) and equipment as a self-hauler. However, a single-family property owner or commercial business owner may not employ or transact with any person or entity other than the franchisee, to dispose of garbage, recyclable materials or organic waste.

A self-hauler shall dispose of garbage at a landfill or permitted transfer station, recyclable materials at a facility that recovers those materials and organic waste at a facility that recovers those materials.

A generator who disposes of his or her own garbage, recyclable materials or organic waste under this section does not receive a reduction in the subscription rate, unless a specific waiver applies under PHMC § 13.10.037.

Self-haulers of organic waste must also meet the following requirements:

A. Source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organic waste and recycling collection program) from garbage in a manner consistent with 14 CCR sections 18984.1 and 18984.2.

B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste in compliance with applicable law.

C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the facilities and/or entities that received the organic waste.

D. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall provide this information, upon request, to the city manager or his or her designated enforcement officer. Self-haulers shall provide the requested information within 60 days.

E. Landscapers, who are providing service to their customer and desire to self-haul organic waste generated by the landscaper’s services at a customer’s site, must also meet the requirements in this section. They must haul source separated organic waste to a facility that recovers source separated organics.

F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.041 Ownership of garbage, organic waste, recyclable materials – Disposal by owner.

A. Ownership. The waste generator owns the garbage, recyclable materials and organic waste until it is placed in a container for collection. Once the garbage, recyclable materials or organic waste is placed in the collection container at the curbside or other authorized location, it becomes the property of the franchisee. The city reserves the right to assert ownership or right to possession of garbage, recyclable materials or organic waste placed for collection, if it determines the franchisee is in breach of a franchise agreement. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-2.2. Formerly 13.10.040)

13.10.050 Unlawful collection, scavenging, tampering, littering.

A. Handling of containers and unlawful collection.

1. No person other than the city and franchisee may place a recycling, organic waste or garbage container within the city, except as expressly authorized by this chapter.

2. No person shall move, remove or interfere with a recycling, organic waste or garbage container or its contents, other than the generator or a franchisee. No person shall get into or be inside a container.

3. No person may tamper with, modify, scavenge from or deposit garbage, recyclable materials or organic waste in a container that has not been provided by a franchisee for his or her use, without the permission of the occupant of the premises where the container is located.

4. No person may collect the recyclable materials or organic waste from residential or commercial premises or posted recycling centers in the city, except as allowed under PHMC § 13.10.060.B.

5. It is unlawful for any person to hinder, threaten, impede or obstruct a franchisee in the performance of its duties under this chapter.

B. Littering and unlawful disposal.

1. No person may deposit garbage, recyclable materials or organic waste upon any street, lot or vacant area, or other public place other than as provided in this chapter. Each property owner is responsible for the containers located on his or her property and for any spillage from containers before collection.

2. No person shall allow the accumulation of garbage, recyclable materials or organic waste on his or her premises, other than in a container collected at least weekly. No waste generator may allow the waste to enter into drainage systems, sewers or waters. No person may burn or bury waste. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-2.3)

13.10.060 Special collection and disposal restrictions.

A. Unlawful collection. It is unlawful for a person to collect and transport garbage, recyclable materials, or organic waste within the city unless the person is a franchisee, or the garbage, recyclable materials or organic waste are exempt under this section.

B. Exemptions. The exemptions are:

1. Green waste removed from premises by a gardening, landscaping, or tree-trimming contractor as an incidental part of a total gardening and landscaping service offered by that contractor. Landscapers must meet self-haul requirements in PHMC § 13.10.040.

2. Tree trimmings and green waste generated at parks or city facilities which is chipped and used at city facilities for landscaping.

3. Organic waste used by the waste generator at the premises where the waste is generated for composting or mulching or taken to a community composting center.

4. Any material which the generator sells or disposes of for compensation (net of any charges for collection).

5. Recyclable materials which are donated (other than for commercial processing for reuse recycling).

6. Source separated recyclable materials delivered for recycling to a state-permitted facility by the resident or business owner in his or her own vehicle.

7. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act (California Pub. Res. Code § 14500 et seq.).

8. Garbage, recyclable materials (including construction and demolition debris), or organic waste removed from a premises by the waste generator and transported personally by the owner or occupant using their own vehicles and equipment to a landfill, materials recovery facility, processing facility, or recycling center. This must also meet self-hauler requirements noted in PHMC § 13.10.040.

9. Construction and demolition debris (including excavated soils) removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor (rather than as a transportation service or a clean-up and transportation service), and transported in the contractor’s own vehicle. (See management plan requirements at PHMC Chapter 14.40.)

10. Excavated soil.

11. Byproducts of state-permitted (a) sewage treatment, including sludge, grit and screenings, and (b) stormwater treatment, including screenings, sediment, litter and soluble hazardous materials.

12. Hazardous waste (other than de minimis quantities of household hazardous waste, liquid and dry caustics, acids, medical waste, flammable materials, explosive materials, insecticides and similar substances).

13. Medical waste, which is regulated under the Medical Waste Management Act (Health and Saf. Code § 117600 et seq.).

14. Automobiles, auto parts, boats and boat parts.

15. Universal waste, as defined in PHMC § 13.10.020. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-2.6. Formerly 13.10.080)

13.10.070 Regulation of franchisee.

A franchisee providing single-family, commercial, or industrial organic waste collection service to generators within the city shall meet the following requirements and standards in connection with the SB 1383 regulations and the collection of organic waste:

A. Through written notice to the city annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

B. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR division 7, chapter 12, article 2.

C. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR section 18989.1. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.080 Inspections and investigations.

A. The city manager, designated enforcement agency, or franchisee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the franchisee or enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.

B. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the franchisee or enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

C. Any records obtained by the city manager, designated enforcement agency or franchisee during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code section 6250 et seq.

D. The city manager, designated enforcement agency, or franchisee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. (Ord. 950 § 1 (Exh. 1), 2021)

13.10.090 Enforcement.

A. Violation of any provision of this chapter will be grounds for issuance of a notice of violation and, with the exception of the violation of prohibited container contaminants, assessment of an administrative citation and penalty by the city manager or enforcement agency.

B. Enforcement actions under this chapter shall include the issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative citations and fines as contained in PHMC Chapter 1.35 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the city of Pleasant Hill, or, if agreed to, by its designated enforcement agency.

C. A violation may be punishable by:

1. A fine in the amount of $100.00 for a first violation;

2. A fine in the amount of $200.00 for a second violation of the same provision of this code within any 12-consecutive-month period;

3. A fine in the amount of $500.00 for each additional violation of the same provision of this code within any 12-consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any 12-consecutive-month period may be charged as a misdemeanor pursuant to the provisions of PHMC § 1.30.010.

D. The city manager or designated enforcement agency may issue a notice of violation requiring compliance within 60 days of the notice.

E. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city manager or designated enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s standard procedures or the standard procedures of its designed enforcement agency.

F. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. (Ord. 950 § 1 (Exh. 1), 2021)

Article III. Franchise Agreement

13.10.100 Granting franchise agreement – Rates.

The city council may enter into exclusive or nonexclusive franchise agreements for the collection of garbage, recyclable materials and organic waste in the city. Franchise agreements may be entered into without competitive bidding. (Pub. Res. Code § 40059.) In a franchise agreement, the city council shall establish the method(s) for setting the maximum amount of collection rates, which may include rate changes after holding a public hearing, automatic cost of living rate increases, and provisions for extraordinary circumstance rate changes.

It is unlawful for any person to collect or transport garbage, recyclable materials or organic waste within the city unless the person is a franchisee, or the garbage, recyclable materials or organic waste is exempt under PHMC § 13.10.060. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 828 § 1, 2007; Ord. 775 § 1, 2003; 1991 code § 12-3.1. Formerly 13.10.090)

13.10.110 Terms and standards of service – Programs – Essential provisions and franchisee requirements.

In addition to the requirements under PHMC § 13.10.070, each franchise agreement shall address in detail obligations set forth in the franchise agreement and all of the following:

A. Terms and standards of service, standards of performance and other requirements and conditions regarding the collection and disposal of garbage, recyclable materials and organic waste. This shall include limits on operations including days and hours of operation, curbside service, use of streets/clean-up, disabled occupant service (at no cost to the customer and in compliance with the ADA), on-property service, and any other type of service standards, requirements and limitations, consistent with Public Resources Code section 40059.1.

B. Special collection events and programs, such as Christmas tree collection, periodic collection of bulky waste and white goods, educational and promotional services, e-waste, used motor oil, household hazardous waste, construction and demolition debris, and special events authorized by the city (such as concerts and parades).

C. Standards of operation and objective measurements to ensure that city receives the maximum feasible diversion credit.

D. Insurance and indemnification requirements, including types and amounts of coverage, and performance bonds.

E. Vehicle standards and driver standards.

F. Procedure for establishing maximum service rates, service fees, and franchise fees or other compensation, including time and frequency of payment. Service fees include all service-related fees including, but not limited to, source reduction and recycling fees, user fees, cost-based fees for city’s administrative expenses and programs.

G. Billing and collection requirements.

H. Generator complaint and dispute resolution procedures (including recording of complaints, manner of handling and responding to complaints, hours of operation of local office, after-hours handling of complaints, billing disputes).

I. Recordkeeping requirements, including reporting, record retention and auditing procedures. These may include records of (1) the type of waste generator, (2) amount by volume or weight collected or disposed of, (3) type and classification of materials as garbage, recyclable materials or organic waste, (4) location of disposal, (5) amount and type of waste disposed of or diverted from landfills, and (6) such other reporting requirements as city may determine. These may also include the manner of keeping customer payments records.

J. Breach of contract, remedies and penalty for breach (including procedures for termination), liquidated damages, and city’s right to take over a franchise in the event of breach.

K. Assignment of the franchise, change of ownership or control of franchisee, independent contractor status.

L. Emergency responses at the city’s request (such as earthquakes, flooding or fallen tree clean-up). (Ord. 950 § 1 (Exh. 1), 2021; Ord. 775 § 1, 2003; 1991 code § 12-3.2. Formerly 13.10.100)

13.10.120 Service rates and billing procedures.

A. Billing and penalties. A franchisee shall bill each subscriber directly, in amounts that are at or below the maximum rates and periods established by the city council. Franchisee may add a penalty, in amounts established by the city council, for an owner or occupant who neglects, fails or refuses to pay the bill. The additional amount may include costs incurred by franchisee. (Govt. Code § 54348.) If an occupant fails to pay the bill, the owner is responsible for payment.

B. Payment under protest. If a customer wishes to contest the billing of franchisee, he or she shall make payment under protest and, at the same time, shall file a written statement of protest with the city manager. Within 30 days, the city manager shall notify the customer of the findings and adjudication and adjustment in the matter. Anyone may appeal the decision of the city manager to the city council, upon submittal of an appeal fee in an amount established by the city council. The city council shall conduct a hearing on the matter at a regular council meeting. The council’s decision is final. The city shall refund the appeal fee to the customer if the city council finds in favor of the protest.

C. Failure to pay. If there is no payment of a bill after 60 days or more, franchisee shall undertake collection of the bill (including penalties and expenses of collection) for a period of 120 days from the original invoice date. Franchisee shall make reasonable efforts to obtain payment through issuing late-payment notices, telephone requests for payment, assistance from collection agencies (who shall make at least two attempts at collection), and bringing an action in small claims court. If franchisee’s collection efforts for a 120-day period fail, and franchisee can demonstrate to the city that it attempted on at least five occasions to solicit the monies due, then that franchisee, with the city’s consent, may discontinue service. (Ord. 950 § 1 (Exh. 1), 2021; Ord. 828 § 2, 2007; Ord. 775 § 1, 2003; 1991 code § 12-3.3. Formerly 13.10.110)