Chapter 15.44 INTEGRATED WASTE MANAGEMENT

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 15.46, Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40105 et seq., and the regulations of the California Integrated Waste Management Board, if defined therein and, if not, to the definitions found in the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq. and the regulations implementing RCRA, as they may be amended.

“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

“Bulky waste” or “bulky goods” means solid waste that cannot and/or would not typically be accommodated within a residential solid waste container including, but not by way of limitation, large and small household appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, and other similar items), furniture (including chairs, sofas, mattresses, and rugs); carpets, mattresses, white goods, tires, oversized yard waste such as tree trunks and large branches if no larger than two (2) feet in diameter and four (4) feet in length, and residential wastes (including wood waste, scrap wood, debris from building remodeling, rocks, sod, and earth, in the aggregate not exceeding one (1) cubic yard per collection), discarded from residential premises in the City of Santa Clarita. Bulky waste does not include car bodies, construction and demolition debris exceeding one (1) cubic yard, or items requiring more than two (2) persons to remove.

“California Code of Regulations” or “CCR” means the State of 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 the CCR).

“City” means the City of Santa Clarita, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City. Authority granted in this chapter to the City may be carried out through the City Manager or City Manager’s designated representative.

“City Manager” means a person having that title in the employ of the City of Santa Clarita, or the City Manager’s designated representative.

“Civic litter containers” means City-owned receptacles located in public areas for disposal of solid waste generated by the public, which meet the standards of 14 CCR Chapter 8.12, Article 9, Section 17830 et seq.

“Collection” means the act of collecting solid waste, at or near the place of generation or accumulation, by a solid waste enterprise which has made arrangements with the person in charge of day-to-day operations of the premises for the collection of solid waste.

“Commercial bin” means a large solid waste container provided by a solid waste enterprise, at least one (1) but less than ten (10) cubic yards in capacity, designed for the deposit of solid waste, placed at commercial or residential premises for the collection of solid waste. Commercial bins may have compaction devices attached. Commercial bins are generally provided by the solid waste enterprise; compaction devices may be leased from third parties. “Commercial bin” does not include construction and demolition material bins, temporary bins or roll-off containers placed at residential premises.

“Commercial business” or “commercial premises” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential premises, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

“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 (a)(74).

“Commercial solid waste” means all types of solid waste, including recyclable solid waste and organic waste, generated or accumulated at commercial premises and placed in commercial bins, temporary bins, containers, or roll-off boxes for accumulation and collection. “Commercial solid waste” does not include residential solid waste or residential recyclable material.

“Construction and demolition material” means discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures. See Chapter 15.46, Construction and Demolition Materials Management.

“Container” means any commercial bin, residential solid waste container, temporary bin, drop box, dumpster, roll-off, vessel, can, barrel, cart, or other receptacle used for the temporary accumulation, collection and removal of solid waste, including recyclable solid wastes, green waste, and construction and demolition material.

“Designee” means a person or entity that the City Manager designates, contracts with, or otherwise arranges to carry out any of the jurisdiction’s responsibilities of this chapter authorized in 14 CCR Section 18981.2. A designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities.

“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 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Enforcement action” means an action of the relevant Enforcement Officer to address noncompliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by Title 1.

“Enforcement Officer” means a person or entity the City Manager designates to enforce part or all of this chapter. Enforcement Officers may carry out inspections and enforcement activities pursuant to this chapter. The City has enforcement responsibility for all sections of this chapter. The City may choose to additionally delegate Enforcement Officer responsibility for certain sections, to other public entities or joint powers authority, including but not limited to the County of Los Angeles. 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.

“E-waste,” also referred to as “electronic waste,” shall mean electronic products, including, but not limited to, computers, televisions, VCRs, CRTs, batteries, stereos, copiers, fax machines, cell phones, DVD players, and monitors entering a waste stream. E-wastes include any other materials identified by the Department of Toxic Substances Control (DTSC). Most e-wastes are classified by DTSC as universal wastes (see “Universal wastes,” below) and require special handling and reporting.

“Excluded waste” means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City 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, including but not limited to: 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 the City or its designee would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City 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 Public Resources Code. Excluded waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or the franchised collector providing service to the generator.

“Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

“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:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

“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 for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

“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 excludes fats, oils, and grease when such materials are source separated from other food scraps.

“Food service provider” is a tier 1 commercial edible food generator and 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” or “solid waste franchise” means the right and privilege granted by the City: (1) to make arrangements for the collection of and to collect solid waste; (2) to transport solid waste to transfer stations, materials recovery facilities, landfills, transformation facilities, compostable materials handling facilities, or green material composting facilities, as defined in 14 CCR Section 17852, or other permitted solid waste management facilities; and/or (3) to recycle solid waste collected within the City. Any solid waste franchise granted shall be subject to all of the rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code Section 49520 et seq. A business license is a receipt for the payment of tax and is not a solid waste franchise and confers no continuation rights under Public Resources Code Section 49520 et seq. or other law.

“Franchise fee” means the fee or assessment imposed by the City on a solid waste enterprise which holds a solid waste franchise as part of its consideration for the right granted to it to provide solid waste handling services.

“Garbage” means those elements of the solid waste stream designated for the garbage container, and excludes hazardous waste, excluded waste, materials designated for the organics 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 garbage, organic waste or recyclable materials.

“Green waste” (also sometimes referred to as “yard waste”) means a form of solid waste composed of leaves, grass clippings, brush, branches, and other forms of organic matter generated from maintenance or alteration of landscapes or gardens, including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, weeds, and incidental pieces of scrap lumber, separated from other forms of solid waste, and bedding straw. “Green waste” includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding six (6) inches in diameter or four (4) feet in length, dirt, agaves, palm fronds, yucca, bamboo, juniper spears, or cactus. “Green wastes” are organic materials intended for the organics container, not recyclable materials or recyclable solid wastes.

“Grocery store” is a tier 1 commercial edible food generator and means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

“Gross revenues” means any and all revenue or compensation in any form derived pursuant to a solid waste franchise, permit or license, directly or indirectly by a solid waste enterprise, its affiliates, subsidiaries, parents, and any person or entity in which a solid waste enterprise has a financial interest from the collection, transportation, processing, disposal and other services with respect to solid waste, including recyclable solid wastes and green waste, collected within the City. Gross revenues shall be calculated in accordance with generally accepted accounting principles. “Gross revenues” includes, but is not limited to, monthly customer fees for collection of solid waste, including recyclable solid wastes, special pickup fees, container rental and collection fees, fees for redelivery of containers, without subtracting franchise fees or any other cost of doing business. Sales revenue from the sale of recyclable material is excluded from gross receipts for purposes of calculating franchise fees.

“Hazardous waste” means any waste materials or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act (“HSAA”), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board or the California Department of Toxic Substances Control. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.

“High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent (50%) between January 1, 2022, and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

“Inspection” means a site visit where an Enforcement Officer reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

“Multifamily residential dwelling” or “multifamily premises” means, for the purpose of implementing this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 requirements. Consistent with SB 1383 regulations, residential premises that consist of fewer than five (5) 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 that are not multifamily residential dwellings.

“Organic waste” for the purposes of implementation of this chapter means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

“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).

“Organics 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 compost processing, including food waste and landscape and pruning waste accepted in the City’s organic waste collection program, and other organic materials as determined by the City as acceptable for the organics container.

“Prohibited container contaminants” includes all of the following: (1) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the City’s recycling container; (2) materials placed in the organics container that are not identified as acceptable source separated organic waste for the City’s organics container; (3) materials placed in the garbage container that are acceptable source separated recyclable materials and/or acceptable source separated organic waste that can be placed in the City’s organics container and/or recycling container; and (4) excluded waste placed in any container.

“Property owner” means the owner of real property.

“Recyclable materials” has the same meaning as source separated recyclable materials below.

“Recyclable solid waste” means a form of solid waste (1) designated as a recyclable solid waste by the City, or a solid waste enterprise which holds a solid waste franchise and (2) that has been separated by a solid waste service recipient from nonrecyclable solid waste.

“Recycling container” has the same meaning 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.

“Residential solid waste container” means a container provided by a service recipient or a solid waste enterprise with a residential solid waste franchise granted by the City, used for the accumulation and collection of residential solid waste. Residential solid waste containers may either be a wheeled cart typically collected using an automated collection arm and provided by the solid waste enterprise, or a barrel, typically between thirty-two (32) gallons and one hundred ten (110) gallons in size and provided either by the solid waste enterprise or the customer.

“Roll-off container” means a solid waste receptacle typically measuring ten (10) cubic yards or larger that is of the type commonly transported on a flat-bed truck and is detachable from the truck and/or the main cab for parking at a commercial premises or construction or demolition site. Roll-off container includes roll-off compactors, which are enclosed containers that attach to a compaction device and must be detached from the compaction device and transported for disposal. Standard, or noncompacting, roll-off boxes are generally provided by the solid waste enterprise. Compacting roll-off boxes may be leased from a third party.

“Self-hauler” means a generator who transports its own solid waste by using a vehicle owned by that generator and driven by the generator or the generator’s employees, rather than the franchised collector. Self-hauler also includes a person or entity who backhauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Backhaul” 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).

“Sharps” means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, such as hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, acupuncture needles, pen needles, intravenous needles, lancets, and other devices used to penetrate the skin for the delivery of medications or the drawing of samples of body fluids.

“Single-family” or “single-family premises” means, of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.

“Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, 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. Solid waste includes recyclable solid waste but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 117600 et seq.

“Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services. Solid waste enterprise includes enterprises that engage in the business of removing solid waste or recyclable solid waste for pay from residential or commercial locations, including those enterprises commonly known as “junk haulers.”

“Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes.

“Source separated” means materials that have been kept separate from other materials in the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

“Source separated organic waste” means those organics that can be placed in an organics container for compost processing, including food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste, and any other items as determined by the City.

“Source separated recyclable materials” means the same thing as “recyclable materials” and includes those recyclable materials that can be placed in the recycling container including, but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City.

“Supermarket” is a tier 1 commercial edible food generator and means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

“Temporary bin” or “temporary bin service” includes bin service provided to a premises on a temporary, as-needed basis in such a manner that no bins belonging to a particular solid waste enterprise remain on that premises for more than thirty (30) consecutive days, or for more than sixty (60) days of any consecutive ninety (90) day period in any calendar year.

“Tier 1 commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

1. Supermarkets with gross annual sales of two million dollars ($2,000,000) or more, or as defined in 14 CCR Section 18982(a)(71).

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

3. “Food service provider” which 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).

4. “Wholesale food vendor” which 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).

5. “Food distributor” which 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).

“Tier 2 commercial edible food generator” means a commercial edible food generator that is one (1) of the following:

1. Restaurant which means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64) and which has two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

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

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

4. “Large venue,” which means a permanent venue facility that annually seats or serves an average of more than two thousand (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 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue.

5. “Large event,” as defined in 14 CCR Section 18982(a)(38), means an event that serves an average of more than two thousand (2,000) individuals per day of operation of the event and either: (1) charges an admission price; or (2) is operated by a local agency.

6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. A “local education agency,” which 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.

“Universal wastes” means universal waste electronic devices (UWEDs), cathode ray tubes (CRTs) and other universal wastes as defined by the California Department of Toxic Substances Control or a successor agency, including but not limited to nonempty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor ramps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries), alkaline batteries, carbon-zinc batteries, and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches.

“User disposal containers” means containers inside a business for the collection of source separated organic waste, source separated recyclables and garbage for employees, contractors, tenants, customers and other users of the business.

“White goods” means discarded household appliances that have been historically, but may or may not be, enameled, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors, and similar items. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

Part 2. Integrated Waste Management

15.44.200 Provision of Service.

In order to protect public health, safety, and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the City, the City Council may grant one (1) or more exclusive or nonexclusive solid waste franchises or permits to one (1) or more solid waste enterprises to make arrangements with the persons in charge of day-to-day operations at premises in the City for the collection, transfer, recycling, composting, and disposal of solid wastes within and throughout the City. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.205 Manner, Time, and Frequency of Collection.

A solid waste enterprise which arranges for the collection of solid wastes shall make arrangements with its customers specifying the manner in which garbage, recycling and organics collection services are to be provided, subject to the terms of its solid waste franchise, as well as to the City’s exercise of its police powers to protect public health, safety, and well-being, to limit the spread of vectors, to limit sources of noise and air pollution within the City, and to protect the quiet enjoyment of property by prohibiting the collection of solid wastes between certain hours and on certain holidays. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.210 Categories.

In order to carry out its duties to plan for the management of vehicular traffic, the City Council may determine by resolution solid waste collection categories, including, but not limited to, residential, commercial, construction and demolition materials, temporary bin and roll-off box, industrial, special, special event, household hazardous waste, universal waste, recyclable solid waste, organic waste, and others, and may make or impose solid waste franchise, license, contract or permit requirements which may vary for such categories. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.215 Collection Arrangements Required.

In order to protect the public health, safety, and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of each commercial premises and single-family residential premises in the City at which garbage, organic waste and recyclable materials are generated or accumulated shall make arrangements with a solid waste enterprise for the collection of these materials. If the City determines that the person in charge of day-to-day activities at any single-family or commercial premises has failed to subscribe for collection service as required by this chapter, a written notice may be sent informing of the violation and requirements of this chapter. If the person responsible for day-to-day operations does not subscribe to service within seventy-two (72) hours of the notice, or obtain an exemption per Section 15.44.217, the person is in violation of this chapter. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.217 Exemption from Collection Requirements.

The person responsible for the day-to-day activities at each premises may apply to the City for an exemption from subscribing to City collection service, if the person is self-hauling and meets the requirements to obtain a solid waste permit or if the person responsible for a commercial premises receives a waiver. This person would be required to obtain a solid waste permit per Part 3 of this chapter and, if approved for an exemption, commercial businesses will be required to submit reports to the City identifying the disposition of all generated waste, by amount and location, and demonstrating that organic waste was taken to a facility that recovers those materials and recyclable materials were taken to a facility that recovers those materials, and that garbage is not contaminated with recyclable materials or organic waste and that all material was handled in accordance with applicable law and self-hauler requirements in this chapter. Reports are due within ten (10) business days of month-end, in a format prescribed by the City Manager. The City may require persons responsible for the day-to-day operation of each premises to reapply for exemption on a biennial basis. If the responsible party fails to fulfill any requirements of this section, the City may arrange for the provision of service at the property and arrange for billing to the person in charge of day-to-day activities. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.220 Recycling and Organics Collection Program—Containers, Participation and Separation Required.

The person in charge of day-to-day operations at all residential premises and commercial premises is required to make arrangements for the collection of their garbage, recyclable materials and organic waste through services franchised by the City or for recyclable materials only, through arrangements with a third-party recycler, as follows:

Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.

A. Generators, including single-family, multifamily and commercial businesses, except those that get an exemption and meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter, shall:

1. Maintain, for such residence or business, separate garbage, organics and recycling containers, supplied by the franchised collector. Generators shall arrange for a sufficient number of such containers to adequately store all garbage, source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. 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 franchised collector(s), by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.

3. Place garbage containers, recycling containers, and organics containers on the curb on the day specified for collection, unless a waiver has been granted by the City Manager pursuant to this chapter. Containers shall be placed in front of the premises in a location reasonably convenient for semi-automated or automated collection. The only exception would be if generator has reached an agreement with franchised collector for an alternative collection location.

4. Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.

5. No person shall tamper with, modify, remove from or deposit solid waste in any container which has not been provided for their use without the permission of the container owner.

6. Keep in a suitable place containers capable of holding without spilling, leaking, or emitting odors all garbage, organic waste and recyclable materials, which would ordinarily accumulate on the premises between the time of two (2) successive collections.

7. Not place ashes which are not cold and free from fire in any container.

8. Not place a residential solid waste container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than fifty (50) pounds, unless automated collection is used. “Automated collection” means a mechanical lifting device is used to empty the residential solid waste containers, instead of requiring lifting by the driver.

9. To minimize interference with public rights-of-way, not place a container or any bulky goods adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky goods may not be set out for collection unless the person in charge of day-to-day operations of the premises has made prior arrangements with a solid waste enterprise approved by the City for pickup of the bulky goods.

10. During the hours for collection designated in subsection (A)(11) of this section, place residential solid waste containers at the collection location designated by the solid waste enterprise holding the residential solid waste franchise and place them in a manner accessible for automated pickup, if automated pickup methods are utilized by the solid waste enterprise. Except during the time a container is placed for collection, residential solid waste containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the solid waste enterprise providing solid waste services at that location.

11. Place solid waste containers, such as residential containers, that are moved to a collection point to facilitate collection, no sooner than six p.m. on the day before the regularly scheduled collection day and remove them from any location adjacent to a street or right-of-way not later than eight a.m. on the day following the regularly scheduled collection day.

12. Not place any container in any front yard or side yard that is visible from a public street except during collection hours. No container may be placed in any public right-of-way unless an encroachment permit authorizing the placement has been issued by the City. A bin, construction and demolition material bin, temporary bin, or roll-off box may be placed on private property, visible to the public for temporary periods not to exceed those set forth in the definition of temporary bin.

13. Green waste shall not exceed four (4) feet in length and six (6) inches in diameter before being placed adjacent to a street or public right-of-way for collection. Place green waste in organic waste containers designated for the collection of green waste, or tied securely in bundles not exceeding fifty (50) pounds, and shall not be contaminated with other forms of solid waste or with hazardous waste. No person shall mix green waste with other forms of solid waste, nor contaminate green waste with any other substance, unless specifically permitted by the City or a solid waste enterprise. Materials such as food waste or manure may be placed in organic waste containers when the City or franchised solid waste enterprise has established such a recycling program and only in the manner in which specifically directed by the City.

B. In addition to the requirements in subsection (A) of this section, commercial businesses shall also:

1. Commercial business owners, including multifamily, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in subsections (B)(2)(a) and (b) of this section or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.

2. Commercial business that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas 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 (1) 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 organics containers. 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. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.230 Final Determination of Service Levels and Pickup Locations by City.

The City may make the final determination as to where containers shall be located for collection and storage, and the proper service level, including the number and size of containers and frequency of collection. Prior to, or absent alternative direction from the City, customers and solid waste enterprises may select service levels and container locations. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.225)

15.44.240 Commercial Education and Outreach Requirements.

All commercial business owners are required to:

A. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, organics container, and garbage container collection service.

B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the City Manager or designee upon request.

D. Including multifamily residential dwellings, provide information before or within fourteen (14) days of new occupation of the premises to new tenants and no less than fourteen (14) days before tenants move out of the premises, unless a tenant does not provide fourteen (14) or more days’ notice before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.

E. Including multifamily residential dwellings, prominently post and maintain one (1) or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials. (Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.250 Recyclable Materials and Recyclable Solid Wastes.

A. Upon placement of recyclable solid waste at a designated recycling collection location, or placement of recyclable solid waste or recyclable materials in a container provided by a solid waste enterprise or by an authorized recycling agent for collection of recyclable solid wastes, the recyclable materials and recyclable solid waste become the property of the solid waste enterprise or authorized recycling agent, by operation of State law. See Public Resources Code Section 41950(c).

B. The recycling or disposal of any recyclable solid waste which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

C. Except as provided in subsections (D) and (E) of this section, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste enterprise.

D. If the seller or donor of recyclable material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclable material, or providing consultation services which exceed the selling price of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an arrangement for the disposal of solid waste, and shall be subject to this chapter.

E. A person who receives a discount or reduction in the collection, disposal, and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this “donate or sell” exception. (Ord. 09-4 § 1, 4/28/09; Ord. 21-3 § 1 (Exh. A), 2/23/21; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.410)

15.44.260 Program Compliance Date.

A. If the person in charge of day-to-day operations at a location refuses to subscribe to garbage, organics and recycling container service, once available, the person will be informed of this noncompliance and, as a result, will be charged the noncompliance rate as well as be subject to penalties as described in Part 9 of this chapter.

B. If the noncompliance rate is paid to the franchised hauler, the franchised hauler must remit those funds to the City at a frequency determined by the City Manager. (Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.220(B))

15.44.270 Waivers.

A. De Minimis Waivers. The City Manager or Enforcement Officer may waive a commercial business’s obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter, if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material (de minimis), as described below.

A commercial business requesting a de minimis waiver shall:

1. Submit an application to the City Manager or Enforcement Officer 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 may be required to provide information in forms provided by the City. Applicants are subject to one (1) or more site inspection(s) prior to approval of a waiver.

2. Provide documentation with the de minimis waiver application that either:

a. The commercial business’s total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a recycling container or organics container comprises less than twenty (20) gallons per week per applicable container of the business’s total waste; or

b. The commercial business’s total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a recycling container or organics container comprises less than ten (10) gallons per week per applicable container of the business’s total waste.

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

4. If the de minimis waiver is granted, notify the City Manager or Enforcement Officer granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.

5. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the City Manager or Enforcement Officer every five (5) years.

B. Physical Space Waivers. The City Manager or Enforcement Officer 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 Enforcement Officer has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the Enforcement Officer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.

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

1. Submit an application to the City Manager or Enforcement Officer 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 recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the Enforcement Officer.

3. If the waiver is granted, commercial business shall notify the City Manager granting the waiver if the commercial business’s physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.

4. If the waiver is granted, commercial business shall provide written verification to the City Manager of continued eligibility for a physical space waiver every five (5) years.

C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.

D. Upon the determination of the City Manager or Enforcement Officer, a written notification of the approval or denial of a waiver shall be issued to the applicant. (Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.280 Commercial Edible Food Generator Requirements.

A. 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, or such later deadline established by State law or regulations.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024, or such later deadline established by State law or regulations.

C. Commercial edible food generators shall comply with the following requirements:

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

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

3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organization or food recovery service on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organization or service.

4. 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.

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

6. Allow the Enforcement Officer to review records upon request, including by providing electronic copies or allowing access to the premises.

7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a. 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).

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

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

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

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

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

iv. 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.

8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery service, a record that describes (a) its direct donation of edible food to end recipients (including employees) and/or (b) its food waste prevention practices that result in it generating no surplus edible food that it can donate.

9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the Enforcement Officer that includes the information in subsection (C)(7)(c) of this section. Entities shall provide the requested information within sixty (60) days of the request.

D. 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 share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.

E. 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. 22-3 § 1 (Exh. A), 1/25/22)

15.44.290 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:

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

2. The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

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 to which the food recovery service transports edible food 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:

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

2. The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.

3. The name, address, and contact information for each food recovery service that the 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 and contract with or have written agreements with one (1) or more commercial edible food generators shall report to the City, or its Enforcement Officer, 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) 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 shall provide, upon request, information and consultation to the 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 County, the City and commercial edible food generators in the City. A food recovery service or food recovery organization contacted by an Enforcement Officer shall respond to such request for information within sixty (60) days, unless a shorter time frame is otherwise specified by the Enforcement Officer. (Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.295 Venue and Event Recycling.

Event organizers and operators of events defined in Section 42648(b) or (c) in Part 3 of Division 30 of the Public Resources Code, otherwise known as AB 2176, shall assist the City in complying with Sections 42628 through 42911 of the Public Resources Code by completing a waste reduction plan and submitting documentation of diversion at the venues or events to the City. Event organizers and operators shall assist the City in complying with the requirements of the Los Angeles County Municipal Stormwater permit. See Order No. 01-182, NPDES No. CAS0041, Part 4.F.5(c)(2), as it may be amended. Large venues and events, as defined, shall also comply with edible food recovery requirements in this chapter, if applicable. Large venues and events shall also comply with AB 827, AB 1826 and AB 2176 requirements. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.230)

Part 3. Self-Haulers

15.44.300 Self-Hauler’s Disposal at Authorized Sites—Permit and Reporting Requirements.

A. Before collecting or transporting solid waste, including garbage, recyclable materials and organic waste, each self-hauler, as defined in subsection (B) of this section, shall obtain a self-haul permit from the City. The self-haul permit must be renewed on a biennial basis and all applicants must pay a permitting fee to offset the expense to the City for processing, handling, and performing the required work associated with the permit. Each self-haul permit holder shall submit reports to the City, in a format and at a frequency determined by the City Manager. Required report information may include, but is not limited to, the type, quantity, volume, weight, and disposal facility destination of the garbage, organic waste and recyclable materials collected in the City, and gate tickets or receipts to substantiate its disposal and recycling reports. Failure to submit required reports to the City or to self-haul within the required frequency shall be a basis for revocation of a self-haul permit. Exceptions to this are recyclable materials that the self-hauler is intending to donate or sell.

B. Persons collecting or transporting garbage, organic waste or recyclable materials which they, or occupants of premises of which they are in charge of day-to-day activities, have generated (“self-haulers”), in their own vehicle, may obtain a self-haul permit from the City authorizing that person to transport those materials to the appropriate facility as identified below.

Self-haulers must:

1. Source separate their recyclable materials and organic waste generated on site from solid waste in a manner consistent with this section or haul organic waste to a high diversion organic waste processing facility.

2. 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 or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility.

3. Self-haulers 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 for a minimum of five (5) years; this record shall be subject to inspection by the City. The records shall include the following information:

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

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

c. 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 entities that received the organic waste.

Self-haulers shall provide these records, upon request, to the City Manager or designee. Self-haulers shall provide the requested information within sixty (60) days.

C. Landscapers who self-haul organic waste generated at a customer’s site must also meet the requirements in this section.

D. It is unlawful for any person to carry, convey or haul solid waste on or along the streets, alleys, highways or waterways of the City except in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways or adjacent lands.

E. Nothing in this section shall prohibit residents or businesses from donating or selling their recyclable materials. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.800)

15.44.310 Licensed Contractors.

Licensed contractors performing work within the scope of their licenses, to which the removal of construction and demolition material is incidental, within the City may remove and recycle or otherwise dispose of construction and demolition material that is generated without obtaining a self-haul permit, provided the construction and demolition material is transported in contractor-owned containers and vehicles by contractor’s employee(s). See Chapter 15.46 for additional construction and demolition material removal requirements. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.810)

Part 4. Solid Waste Franchises, Fees, and Facilities

15.44.400 Fees.

A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may levy fees upon solid waste enterprises and solid waste service recipients for planning, developing and administering (1) any program regarding solid waste, household hazardous waste, recyclable materials and/or organic waste, including related collection, transfer, disposal, processing, auditing, and planning activities; and (2) any program for responding to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans, and implementing SB 1383 requirements. The City may collect such fees by such means as the Council may elect.

B. The City Council, by resolution, may waive fees for recyclable solid waste haulers and for collectors of green wastes who transport such green waste to a compostable materials handling facility or a green material composting facility, as defined in 14 CCR Section 17852, or other site permitted (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations, and who report all such deliveries to the City. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.300)

15.44.405 Solid Waste Franchise Requirements.

A. The City Council may award exclusive, partially exclusive, or nonexclusive solid waste franchises for collection of solid wastes, including but not limited to garbage, recyclable materials, construction and demolition materials and/or organic waste from all or a portion of residential and commercial premises in the City, unless otherwise delegated by City Council resolution to the City Manager. Any such solid waste franchises shall be in the form of a written agreement, granted by the City Council by written resolution. The City Council may determine as well if and when franchises will be issued for any particular category of solid waste and may establish the process for application for such franchises by resolution. Where a franchise agreement is silent on an issue, the provisions of this chapter shall govern. Where a franchise agreement predates the effective date of the ordinance codified in this chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this chapter.

B. A solid waste franchise may be granted on such terms and conditions as the City Council in its sole discretion shall establish as matters of local concern. At a minimum, a solid waste franchise shall name the solid waste enterprise, and shall provide that:

1. The franchisee shall comply with the provisions of this chapter including those in Section 15.44.420;

2. The franchisee shall be required to protect, defend, indemnify, and hold the City harmless from liability, including but not limited to liability under the Resource Conservation and Recovery Act of 1976 (“RCRA”) (42 U.S.C. Section 6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act (“HSAA”), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, as they may be amended, and all regulations implementing these acts and all applicable laws governing universal wastes. The City may require that such obligation be secured by a guarantee;

3. The franchisee shall be required to cooperate with the City in solid waste disposal characterization studies or other waste stream audits and to submit information required by the City to meet the reporting requirements of AB 939, SB 1383 or any other law or regulation, and to implement measures consistent with the City’s Source Reduction and Recycling Element and SB 1383 requirements in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended, including but not limited to Public Resources Code Section 41780(a)(2);

4. The City Council may place a limit on rates for solid waste services, including maximum rates by category, such as single-family, multifamily and commercial;

5. The franchisee may be required to pay a franchise fee to the City for the privilege of conducting a private enterprise over City rights-of-way; and

6. The franchisee may identify up to two (2) DBAs under which it may operate in the City pursuant to the franchise agreement. If a franchisee wishes to operate in the City under more than two (2) DBAs, it must apply for and be granted, at the City’s discretion as provided under this chapter, a separate franchise agreement.

C. In deciding whether to grant a franchise, the City Council may consider, among other factors, those listed in Section 15.44.435 and a solid waste enterprise’s past adherence to City codes, ordinances, franchise agreements, etc. Any applicant who previously had a franchise revoked shall be debarred from applying for another franchise for a period of three (3) years. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.305)

15.44.410 Solid Waste Facilities.

A. No person shall construct or operate a solid waste management facility, including but not limited to a materials recovery facility, solid waste transfer or processing station, composting facility, a buyback or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals. Persons operating a materials recovery or a solid waste transfer or processing facility in the City shall divert the maximum feasible amount of recyclable solid wastes from landfilling. Inert wastes, as defined in Public Resources Code Section 41821(3)(a)(1), shall be removed from the solid waste stream and not disposed of in a solid waste landfill.

B. Requirements for Facility Operators and Community Composting Operations.

1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request from City or designee, provide within sixty (60) days information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

2. Community composting operators shall, upon request from City or designee, provide within sixty (60) days information to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.310)

15.44.415 Liability for Solid Waste Fees.

A. The person in charge of day-to-day activities of any commercial premises or residential premises required by this chapter to have solid waste collection or self-hauling shall be liable for the fees and charges for such collection, and/or subject to self-haul requirements in accordance with this chapter.

B. To protect public health, safety, and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each residential premises or commercial premises in the City at which solid waste is generated or accumulated shall make arrangements for collection, recycling, and disposal of garbage, organic waste and recyclable materials generated or accumulated on those premises in accordance with the requirements of this chapter, or shall obtain a self-haul permit in accordance with Part 3 of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. Bills will include a due date, and will not state “payable upon receipt.” The person(s) responsible for day-to-day operation of each premises in the City at which garbage, organic waste and recyclable materials subject to this chapter are generated or accumulated, and which are not self-hauled, shall be liable for the payment of all charges (plus any interest or penalties) for solid waste services, including any recycling charges.

C. If solid waste and recycling and organics service fees and charges (and any applicable interest or penalties) are not paid within thirty (30) days of the date payment was due, garbage, recycling and organics service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the City or to a solid waste enterprise providing solid waste services. The City may, but is under no obligation to, assist solid waste enterprises in the collection of payment.

D. Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the City to discontinue garbage, organic waste and recyclable materials collection services because the person in charge of day-to-day operations is self-hauling, or because the premises are vacant, the solid waste enterprise providing solid waste service shall refund any advance collection fees. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.315)

15.44.420 Solid Waste Collector Requirements.

A. Each solid waste enterprise furnishing solid waste (which includes garbage and/or organic waste and/or recyclable materials) handling services (i.e., the collection and disposal of solid waste, including garbage, recyclable materials and organic waste) to any residential or commercial premises within the City, shall comply with all requirements set forth in this chapter, including but not limited to compliance with the requirements of AB 341, AB 939, AB 1826, SB 1383, CERCLA, RCRA, and the laws governing universal wastes. These requirements include, but are not limited to, all requirements that the City Council may impose. All City requirements shall be established or modified by City Council ordinance or resolution.

B. Each solid waste enterprise claiming a right to continue to provide solid waste handling services in the City of Santa Clarita pursuant to Public Resources Code Section 49520 et seq. or other law (collectively, “continuation rights”), before exercising such rights, shall notify the City (Attention: City Clerk, copies to City Manager and City Attorney) in writing that it claims continuation rights, stating all facts supporting that claim. A solid waste enterprise claiming continuation rights shall adhere to the same standards (including but not limited to indemnification, insurance, diversion rates, and other service levels), shall charge comparable rates for service and shall pay the same fee as those franchise fees required by the City of other solid waste enterprises with an exclusive solid waste franchise. In accordance with Public Resources Code Section 49521(b), “rates that are comparable to those established by the local agency” shall vary no more than five percent (5%) above or below those maximum rates set in any exclusive solid waste franchise entered into by the City. If a solid waste enterprise claiming a right to continue to provide solid waste handling services in the City pursuant to Public Resources Code Section 49520 et seq. or other law fails to (1) adhere to the same material standards; (2) charge comparable rates for service; or (3) pay franchise fees required by the City of other solid waste enterprises with an exclusive solid waste franchise as provided in the municipal code, such solid waste enterprise shall forfeit whatever, if any, continuation rights it may have had. The following standards are deemed by the City to be material: all insurance, bonding, and indemnification requirements, rates of service, diversion requirements, franchise fee payment, and all service standards set in an exclusive solid waste franchise entered into by the City.

C. Each solid waste enterprise furnishing garbage, recyclable materials or organic waste collection service within the City shall meet the following requirements and standards in connection with collection of organic waste and recyclable materials:

1. Through written notice or written report 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.

2. 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.

3. Obtain approval from the City to haul organic waste, which can be through a franchise agreement with the franchised collector, 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.

D. The collection of garbage, recyclable materials and organic waste shall be performed by the franchised collector selected by the City in a manner and frequency which protects public health and safety.

E. A franchised collector shall carry, convey or haul solid waste on or along the streets, alleys, highways or waterways of the City in conveyances, containers or receptacles that will not permit any matter to sift through or fall upon the streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways or adjacent lands.

F. The City’s franchised hauler shall implement a commercial organics recycling program that consists of education, outreach and monitoring of businesses that is designed to divert organic materials from businesses.

G. Up to four (4) times per year, provide reports to the City and member on commercial business account information and service levels in a form to be specified by the City. Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts.

H. At least annually and during new staff on-boarding, train franchised hauler’s customer service representatives and account managers/recycling coordinators serving organic waste generators in Santa Clarita on the generator requirements set forth in this chapter, SB 1383 regulations as they may be revised from time to time, and on resources available to assist in compliance. Training may be in a virtual or in-person format.

I. Where a franchised hauler provides garbage container collection service, notify single-family and commercial business accounts that (1) they must also be subscribed to recycling container collection service and organic container collection service to comply with this chapter, except if an applicable waiver has been granted for the account, if an applicable waiver application has been submitted and is under review for the account, or if the account is a self-hauler, and (2) that the franchised hauler will inform the City if the account fails to subscribe to a required collection service offered by the franchised hauler.

J. Provide quarterly reports to the City identifying single-family and commercial accounts that are subscribed to garbage container collection service but that are not subscribed to recycling container and/or organic container collection service. If a franchised hauler providing garbage container collection service does not offer recycling container collection service and/or compost container collection service to its garbage container collection service customers, the requirements of subsections (D) and (E) of this section shall not apply with respect to those customers and the type(s) of service that is not offered.

K. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the franchised hauler.

L. If requested by the enforcement agency, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver.

M. Provide commercial business accounts with interactive assistance such as employee training, in a virtual or in-person format, when recycling container collection service or organics container collection service is added, or upon request.

N. Any person or entity, other than a person which has obtained a self-haul permit, or a solid waste enterprise which has obtained a franchise from the City, that engages in the collection of residential or commercial solid waste or which places a container for the accumulation of solid waste in the City for compensation shall be guilty of a misdemeanor punishable as provided in the Santa Clarita Municipal Code. Each day in which a person or entity engages in the collection of residential or commercial solid waste in the City or places a container for the accumulation of solid waste, or permits a solid waste container to remain in the City without holding a franchise issued by the City, shall be a separate offense and constitutes a nuisance. See also Section 15.44.830. This subsection does not apply to a licensed contractor self-hauling construction and demolition materials from commercial or residential premises within the scope of the contractor’s license and no self-haul permit shall be required for such activities in accordance with Section 15.44.310. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.320)

15.44.425 Revocation and Suspension of Franchises or Rights to Operate in the City of Santa Clarita—Grounds.

A. Any solid waste franchise issued or recognized under this chapter or continuation hauler rights, is subject to revocation or suspension for cause, as further described in subsection (B) of this section and the terms of the franchise agreement.

B. No solid waste enterprise which engages in any act or conduct which falls in any one (1) or more of the following may collect solid waste in the City:

1. Operating the solid waste enterprise in a manner contrary to the public health, safety, well-being, peace, welfare, morals, or which is found to constitute a public nuisance;

2. Violating any regulation of the California Integrated Waste Management Board, the California Department of Toxic Substances Control, the California Air Resources Board, or any of their respective successor agencies, a local enforcement agency, this municipal code, or any material condition of a solid waste franchise affecting public health and safety in the City;

3. Violating any federal or State law in which the solid waste franchisee or any of its officers, directors, or employees are found guilty of any crime related to the performance of the franchise agreement, of any crime related to antitrust activities, illegal transport, or disposal of hazardous or toxic materials, or bribery of public officials;

4. Engaging in fraud or deceit upon the City, made or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the solid waste franchise;

5. Becoming insolvent, unable or unwilling to pay its debts, including payment of fees due to the City, or having a receiver or trustee appointed to take over and conduct the business of the solid waste franchisee whether in a receivership, reorganization, or bankruptcy proceeding;

6. Failing to provide or maintain in full force and effect the workers’ compensation, liability, and indemnification coverages or cash bond as required;

7. Violating any order or ruling of any regulatory body with respect to solid waste handled or collected within the City, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the solid waste enterprise is entered; or

8. For any solid waste enterprise claiming a right to continue to provide solid waste services in the City of Santa Clarita pursuant to Public Resources Code Section 49520 et seq. or other law, failing to adhere to the same material standards required by the City of other solid waste enterprises with a solid waste franchise. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.325)

15.44.430 Termination of Solid Waste Franchises, Continuation Rights, or Operations of a Solid Waste Enterprise—Procedure for Notification of Deficiencies and Suspension or Revocation.

A. If the City Manager determines that (1) the continuing performance of a solid waste enterprise in the City may not be in conformity with reasonable industry standards applicable in Los Angeles County or provided under the California Integrated Waste Management Act, including, but not limited to, requirements for implementing diversion, source reduction, recycling of organic and nonorganic materials and composting of organic materials or any other applicable federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage or disposal of solid and hazardous waste, including but not limited to the regulations of the Department of Toxic Substances Control governing collection and handling of universal wastes and the diversion rates required of the City by Public Resources Code Section 41780(a)(2), or this chapter; or (2) a franchisee is in default of the terms of its franchise, the City Manager shall advise the solid waste enterprise in writing of such suspected deficiencies. In any written notification of deficiencies, the City Manager shall set a reasonable time within which the solid waste enterprise is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be thirty (30) days from the receipt of such written notice by the solid waste enterprise.

B. At the expiration of the time set for response from the solid waste enterprise, the City Manager shall review the record, including any written response from the solid waste enterprise to the notice of deficiencies, and take either of the following actions: (1) resolve the matter in favor of the solid waste enterprise; or (2) order remedial action to cure any breach. In either event, the City Manager shall inform the solid waste enterprise in writing of the decision. A decision or order of the City Manager shall be final and conclusive unless the solid waste enterprise files a written notice of appeal to the City Council with the City Clerk (with copy to the City Manager and City Attorney) within twenty (20) days of mailing of the decision. A notice of appeal to the City Council shall state the legal basis and all legal and factual contentions of the solid waste enterprise and shall include all evidence, including affidavits, documents, photographs, CDs, DVDs, and videotapes. A notice of appeal to the City Council shall not be accepted by the Clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be set by City Council resolution.

C. Within sixty (60) business days of receipt by the City Clerk of a notice of appeal to the City Council, the City Council shall set the matter for a public hearing. The City Clerk shall give written notice of the time and place of the hearing, as well as publish such notice as required for public hearings. At the hearing, the City Council shall consider the administrative record, including the notice of deficiency, the solid waste enterprise’s response, the City Manager’s written decision, and the solid waste enterprise’s notice of appeal to the City Council. The City Council shall also give the solid waste enterprise, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

D. Based on the administrative record, the Council shall determine by resolution whether the City Manager’s decision should be upheld. A tie vote of the City Council shall be regarded as upholding the City Manager’s decision. If, based upon the record, the City Council determines that the solid waste enterprise is in breach of any material provision of any applicable federal, State, or local statute or regulation, or other cause for termination of the solid waste franchise, or decides to order the solid waste enterprise to cease operations in the City, the City Council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the solid waste franchise or order operations in the City to cease. The decision of the City Council shall be final and conclusive.

E. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys’ fees, by the nonprevailing party.

F. Nothing in this chapter shall preclude the City from exercising any other remedy, including criminal prosecution or seeking equitable relief. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.330)

15.44.435 Restrictions on Transfer of Solid Waste Franchises.

A solid waste franchise or other form of City-granted solid waste collection authorization shall not be transferable, except as follows:

A. A solid waste franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of the solid waste enterprise or by operation of law without the prior consent of the City expressed by written resolution. For purposes of this section, any sale, dissolution, merger, consolidation, or other reorganization of the solid waste enterprise or the sale or other transfer of an accumulative ten percent (10%) or more of the voting stock of a corporate solid waste enterprise by any person, or group of persons acting in concert, who already own less than fifty percent (50%) of the voting stock of the solid waste enterprise shall be deemed a change in control. Any attempt of the solid waste enterprise to assign the solid waste franchise without the prior written consent of the City shall be void.

B. An application for a transfer of a solid waste franchise shall be made in a manner prescribed by the City Manager. The application shall include a franchise transfer application fee, in an amount to be set by the City by resolution of the City Council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze adequately the application, in order to reimburse the City for such direct and indirect expenses. In addition, the solid waste franchisee shall reimburse the City for all reasonable consultants’, attorneys’ and staff costs not covered by the franchise transfer application fee, whether or not the City approves the application for transfer. The City’s request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants’, attorneys’ and staff costs not covered by the franchise transfer application fee.

C. The applicant for a transfer of a solid waste franchise shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the solid waste franchise.

D. The City shall not be required to give its consent to a transfer of a solid waste franchise. As a condition to giving its consent to a transfer of a solid waste franchise, the City may require the execution of an amendment to the franchise, imposing such conditions as the City, in the exercise of its discretion, may require. The City may also require the payment of a portion of gross revenues to the City.

E. Notwithstanding the above, the holder of a solid waste franchise shall be entitled to pledge, encumber, or grant any security interest in the solid waste franchise; provided, that the holder shall first notify and obtain City consent to such transaction, subject to the following conditions:

1. Any consent so granted shall not be deemed a consent to the exercise by such pledge, encumbrancer, or secured party of any rights of the holder under the solid waste franchise, permit, franchise, or other authorization unless so noted by the City;

2. Any consent so granted shall not be deemed consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the solid waste franchise, permit, or other authorization within the meaning of this section and shall be void without the prior written consent of the City expressed by resolution; and the pledge, encumbrancer, or secured party shall execute and deliver to the City a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the solid waste franchise, permit, franchise or other authorization;

3. A change in DBA (a solid waste enterprise “doing business as”) is considered a transfer, and requires prior consent of the City. See Section 15.44.405(B)(6) and subsection (A) of this section. If one (1) franchisee acquires another franchisee, that acquisition shall be handled in the following two (2) ways: (a) if the acquiring franchisee is to merge the acquired franchisee’s solid waste enterprise with the acquiring franchisee’s operations, the acquired franchisee’s franchise is deemed terminated; or (b) if the acquiring franchisee elects to maintain the acquired franchise as a separate entity, it will be deemed a transfer subject to the terms of this section. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.335)

Part 5. Containers—Franchised Collectors Requirements

15.44.500 Containers—Franchised Collectors Requirements.

A. A solid waste enterprise which has been notified by a commercial solid waste service recipient or the City that commercial solid waste service is to be discontinued at a particular service location shall remove all of its commercial bins from the premises of the service recipient who is discontinuing commercial solid waste service within one (1) week following receipt of notification that commercial solid waste service is to be discontinued.

B. No solid waste enterprise shall place a commercial bin, construction and demolition material bin, temporary bin, roll-off box, or any container other than residential solid waste containers, at any location within the City unless the container is clearly marked with the name, address, and telephone number of the owner of the container and a unique container number. The identification shall be waterproof and legible. Residential solid waste containers shall be labeled as specified in an applicable solid waste franchise.

C. Each solid waste enterprise shall maintain its solid waste containers within the City in a manner to protect public health and safety and prevent the spread of vectors.

D. Each solid waste enterprise shall maintain its solid waste containers in the City free from any exterior paint or markings commonly referred to as “graffiti” or “tagging.”

E. Each solid waste enterprise shall post each of its solid waste containers in the City with conspicuous notices on the container that the container is not to be used for the disposal of liquid or hazardous waste.

F. The City may require that commercial bins be stored in a bin enclosure with adequate space to accommodate containers for both recyclable solid waste and nonrecyclable solid waste containers. All new enclosures are subject to inspection by the City. Enclosures must be located in places convenient for the removal of the containers for collection. Enclosures, including gates and gate hardware, must be maintained in good working condition and readily accessible by the City. Storage of equipment or materials, except brooms, shovels, and fire extinguishers, and solid waste placed for collection, is prohibited unless specifically approved in writing by the City. (Ord. 09-4 § 1, 4/28/09; Ord. 21-3 § 1 (Exh. A), 2/23/21; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.400)

Part 6. Collection

15.44.600 Frequency and Hours of Collection.

A. Each solid waste enterprise shall collect the contents of each commercial bin (except construction and demolition bins, temporary bins and roll-off boxes) and residential solid waste container placed, located or maintained in the City by that solid waste enterprise not less frequently than once per week.

B. Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operation of commercial premises, including but not limited to restaurants and multifamily residential premises, may specify the frequency of collection of solid waste from the premises and the size and number of commercial or multifamily residential containers required; provided, that the person in charge may not specify a container size or frequency that is inadequate to contain the solid waste generated by the premises between collections.

C. If a residential or commercial premises consistently has issues with overflowing containers (e.g., three (3) weeks worth of incidents during any two (2) month period), the City may require the persons in charge of the day-to-day operation of residential or commercial premises to increase the level of service to adequately meet collection needs. The adjustments to services may include increasing the size of the containers used at the premises, increasing the number of containers, or increasing frequency of collections.

D. In order to protect residents’ quiet enjoyment of their residential premises, and except as otherwise set forth in a City-approved franchise agreement, collection from residential premises, both single-family and multifamily, shall not be made between the hours of seven p.m. of any day and six a.m. of the next day, or on any Sunday, unless permitted by the City. Collection from commercial premises at locations more than six hundred (600) feet from any residential zone and/or use within the City shall not be made between the hours of seven p.m. and five a.m. Collection from commercial premises at locations less than six hundred (600) feet from any residential zone and/or use within the City shall not be made between the hours of seven p.m. and six a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of commercial premises and the solid waste enterprise.

E. Solid waste enterprises shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise, and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment. The City shall have the right to direct a solid waste enterprise to revise its routing to better address these concerns, to address resident complaints, and to coordinate with street sweeping and with Public Works projects or other projects affecting street usage. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.500)

15.44.605 Special Collections.

The person responsible for the day-to-day operation of each residential or commercial premises in the City may order special collections of such things as bulky waste and construction and demolition material and drop-off or roll-off bin services. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.505)

Part 7. Collection Vehicles and Equipment—Cleanup

15.44.700 Collection Vehicles.

A. To protect public health, safety, and well-being, any truck used for the collection or transportation of solid waste within the City shall be leakproof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste upon the public right-of-way during collection or transportation.

B. No person shall park, or cause to be parked in a public area or public street within the City, any solid waste collection vehicle containing solid waste unless the vehicle is free from odor and in a sanitary condition. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.600)

15.44.705 Trucks—Noise Standards.

To protect the public health, safety, and quiet enjoyment of the City’s residents, the noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five (75) A-weighted decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base of such vehicles. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.605)

15.44.710 Cleanup Responsibility.

A. Any person or entity handling solid waste, including recyclable materials and organic waste, within the City shall immediately clean up, or arrange for the immediate cleanup of, any solid waste released, spilled, or dumped into the environment during collection, handling, or transport within the City by such person.

B. Until solid waste has been picked up by a solid waste enterprise, or is self-hauled, the person in charge of the day-to-day operation of each residential or commercial premises in the City shall be responsible for the cleanup of any and all solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped, or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclable materials and organic waste which has come to be located outside an authorized container for the collection of such solid waste, notwithstanding human or animal interference with a container, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term “disposed into the environment” shall include, but is not limited to, the abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

C. Each solid waste enterprise shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer, as soon as the spill, release, or discharge occurs. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.610)

Part 8. Unlawful and Prohibited Acts

15.44.800 Use of Containers Required.

To protect public health, safety, and well-being and to control the spread of vectors, no person other than a self-hauler permitted pursuant to this chapter, or a licensed contractor performing work within the scope of that contractor’s license in accordance with Section 15.44.310, shall keep solid waste, including organic waste, in any container other than a container approved by a franchised solid waste enterprise or the City; nor shall any person place solid waste in any container provided by a nonfranchised solid waste hauler (except pursuant to Part 3 of this chapter or Chapter 15.46); nor shall any person accumulate solid waste for more than fourteen (14) consecutive days; nor shall any person keep upon any premises in the City any solid waste which is offensive, obnoxious, or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.700)

15.44.805 Removal of Solid Waste.

To protect public health, safety, and well-being, and to control the spread of vectors, no person, other than the person in charge of day-to-day activities at any residential or commercial premises or a solid waste enterprise authorized by the person in charge of the premises, or a representative of the City, shall remove any container from the location where the container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.705)

15.44.815 Placement of Bulky Goods.

To protect public health, safety, and well-being and to minimize interference with public rights-of-way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a solid waste enterprise licensed or permitted by the City for the pickup of the bulky goods. No person shall place bulky goods in, on, or around a bin enclosure or inside or adjacent to a bin without first obtaining permission from the service recipient and the corresponding solid waste collector. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.715)

15.44.820 Use of Civic Litter Containers.

To protect public health, safety, and well-being, no person shall place or deposit residential, institutional, commercial, industrial, special, sharps, e-waste, universal, or other hazardous waste in any civic litter container. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.720)

15.44.823 Scavenging.

It is unlawful for anyone other than the owner of the recyclable materials or an authorized recyclable materials collector to remove recyclable materials or recyclable solid wastes placed for collection in containers labeled for use in connection with a recycling program sponsored by the City or City-authorized solid waste enterprise. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.723)

15.44.825 Solid Waste Burning Prohibited.

To protect public health, safety, and well-being, no person shall burn solid waste within the City, except in an approved incinerator, transformation facility, conversion technology facility or other device for which a permit has been issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules, and regulations. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.725)

15.44.830 Collection of Solid Waste without Solid Waste Franchise or Continuation Rights Prohibited.

A. To protect public health, safety, and well-being, no person except a City employee or a solid waste enterprise with a solid waste franchise or continuation rights recognized by the City, or a person authorized under Part 3 of this chapter (Self-Haulers), or a licensed contractor performing work within the scope of that contractor’s license, shall collect or remove any solid waste, recyclables or organic waste from any premises within the City.

B. No person other than a solid waste enterprise which has a solid waste franchise issued by the City or a solid waste enterprise with continuation rights recognized by the City, or a licensed contractor performing work within the scope of that contractor’s license, shall place a container for the accumulation of solid waste at any premises within the City or collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the City. Each day any person other than a solid waste enterprise which has a solid waste franchise issued by the City or continuation rights recognized by the City shall collect any solid waste from any premises or place a container for the accumulation of solid waste at any premises within the City, or permit or suffer a solid waste container to remain in any place within the City shall constitute a separate offense and shall be a nuisance. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.730)

15.44.835 Use of Container of Another.

To protect public health, safety, and well-being and to prevent the contamination of garbage, recyclable materials and organic waste, no person shall place solid waste in or otherwise use the garbage container, including a recyclable material container or organic waste container, of another, without the prior written permission of such other person. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.735)

15.44.845 Unlawful Dumping Prohibited.

No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid, hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the City, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility approved for that type of waste. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.745)

15.44.850 Public Nuisance.

To protect public health, safety, and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance for any person or entity to violate any term of this chapter. For these same reasons, it is a public nuisance for any person or entity to occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City which generates solid waste for which arrangements have not been made with a franchised solid waste enterprise, a solid waste enterprise with continuation rights recognized by the City, or without obtaining a self-haul permit from the City for regular collection and removal of garbage, recyclable materials and organic waste. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.750)

15.44.855 Impoundment of Trash Containers.

The improper collection of solid waste and the disposal of recyclable materials and organic waste in landfills are detrimental to the City’s diversion efforts and quality of life in the City. Therefore, the operation of a nonfranchised solid waste collection operation in violation of Section 15.44.405 creates a nuisance to the City. Such operations shall result in the impoundment of any and all containers used in the unlawful operation as provided in this section.

A. Notice of Violation. Upon discovery of a container determined to be used in the operation of a nonfranchised solid waste hauling business within the City, the City shall identify the owner of the nonfranchised business and shall serve upon the owner a written notice of violation by certified U.S. first-class mail, return receipt requested. The notice shall be accompanied by a photograph of the container as discovered by the City indicating the address where the container was discovered.

The notice of violation shall include the following:

1. That it is unlawful to operate a solid waste hauling business in the City without obtaining a City-approved franchise pursuant to this chapter.

2. That, in the case of the issuance of a notice of violation to the owner of the container for the violation of Section 15.44.405, any and all other containers used in the unlawful solid waste hauling business by the owner located in the City must be removed within three (3) days from the date of the notice of violation. Failure to remove all such containers within this time period may result in the City causing them to be impounded at the owner’s expense.

3. That in the case of all subsequent violations of Section 15.44.405 involving a container within a twenty-four (24) month period of the expiration of the three (3) day period set forth in subsection (A)(2) of this section, the container(s) may be immediately impounded upon discovery by the City at the owner’s expense prior to any subsequent notice being issued.

4. That containers not reclaimed within thirty (30) business days from impoundment and whose impoundment are not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.

5. That the owner may make a request for a hearing, accompanied by the required fee, as set forth in subsection (E)(1) of this section within three (3) business days of the date of the notice of violation to contest that there was a violation of Section 15.44.405 or that he/she is the responsible party.

6. A copy of this chapter in its entirety.

7. A map delineating the City’s borders.

B. Unlawfully Placed Trash Containers—Impoundment.

1. In the case of containers used in the operation of a nonfranchised solid waste hauling business, the owner must remove all containers placed within the City within three (3) business days of receipt of notice of violation, unless the notice of violation is appealed pursuant to subsection (E)(1) of this section. Absent an appeal, failure to remove any and all such containers within three (3) business days may result in the City causing said containers to be impounded at the owner’s sole expense, which shall include all impound towing, dump (emptying), storage, and administrative processing fees.

2. Following receipt of the notice of violation by a nonfranchised solid waste hauling operation and after the period set forth in subsection (B)(1) of this section, without any additional prior notice, the City may cause the impoundment of any containers determined to be used by the same owner, irrespective of the name under which the unlawful business is operated and regardless of the location of such containers.

3. Notwithstanding the foregoing, and consistent with the provisions of subsection (A) of this section, the City may cause the immediate impoundment of any and all containers whose owner has received a notice of violation which was not overturned on appeal pursuant to subsection (E) of this section in the prior twelve (12) months. Such owner may still appeal the current notice of violation pursuant to subsection (E) of this section.

4. Containers not reclaimed within thirty (30) days and whose impoundment is not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City.

5. The fees related to the impoundment, emptying, storage, and administrative processing of impounded containers shall be set by City Council resolution.

C. Notice After Impoundment. Upon discovery of a container that has not been removed subsequent to the issuance of a notice of violation within the time period required pursuant to subsection (B)(1) of this section, or in the case where a container is found to belong to a nonfranchised waste-hauling operator who was previously issued a notice of violation within the preceding twenty-four (24) month period, the City may cause the container to be immediately impounded at the owner’s expense. The City shall serve upon the owner a written notice after impoundment by certified U.S. first-class mail, return receipt requested.

The notice after impoundment shall be accompanied by a photograph of the container as discovered by the City indicating the address where the container was discovered.

The notice after impoundment shall include the following:

1. That pursuant to the notice of violation previously issued to the owner, the owner was found to be in violation of Section 15.44.405 and was required to remove the subject container within the time period set forth in the notice of violation.

2. That either:

a. The failure of the owner to remove the container in the requisite time period set forth in the notice of violation would result in the City causing said container to be impounded at the owner’s expense; or

b. The previously issued notice of violation informed the owner that all subsequent violations of Section 15.44.405 occurring within a twelve (12) month period from the expiration of the time period allotted for its removal in the notice of violation would result in its immediate impoundment upon discovery by the City at the owner’s expense prior to any subsequent notice being issued.

3. That either:

a. Due to the owner’s failure to remove the container in the requisite time period set forth in the notice of violation, the City caused said container to be immediately impounded at the owner’s expense; or

b. Due to the owner having violated Section 15.44.405 within a twenty-four (24) month period from the date of expiration of the time period allotted for the removal of the roll-off container or dumpster described in the notice of violation, the City caused the container identified in the enclosed photograph to be immediately impounded at the owner’s expense.

4. That upon presenting a receipt issued by the City showing payment in full of all impound and storage fees, the owner may reclaim the impounded container from the storage location.

5. That any and all fees for any impounded container must be paid within ten (10) business days from the date the notice after impoundment was sent.

6. That if the impounded container is not reclaimed within twenty-four (24) hours from the payment of the fees, additional storage costs will accrue and must be paid prior to reclaiming the container.

7. That the owner may make a request for a hearing as set forth in subsection (E)(1) of this section within ten (10) business days of the date of the notice of violation.

8. A copy of this chapter in its entirety.

D. Service of Notice of Violation Upon Unidentified Owners of Containers. The designated enforcement employee shall conduct a diligent investigation to identify the owner of any and all unmarked containers of nonfranchised waste hauling operations within the City for the purpose of promptly serving the owner through U.S. mail with a notice of violation. For purposes of this section, “unmarked containers” shall mean containers with insufficient information to identify and contact the owner of the container (i.e., lack of name, working phone number, valid address, etc.). When, despite diligent efforts, the identity of the owner of an unmarked container cannot be determined, the enforcement employee shall serve the notice of violation by leaving it firmly affixed to the container. The enforcement employee shall take a photograph that shows the notice affixed to the container. The owner shall be deemed to have been served at the time the notice is affixed to the container. All unmarked containers in the public right-of-way may be immediately impounded upon discovery by the City at the owner’s expense prior to any subsequent notice being issued. Any unmarked container impounded pursuant to this section that is not claimed within ten (10) business days of impoundment or for which impoundment is not contested pursuant to subsection (E)(1) of this section shall become property of the City to be sold or disposed of as determined by the City. All fees received by the City shall be used to offset the cost of implementing this chapter and to increase diversion.

E. Administrative Hearing.

1. Request for Hearing. Any responsible party to whom a notice of violation has been issued may contest that there was a violation of this section, or that he/she is the responsible party by filing a written request with the City Manager or designee for a hearing within ten (10) business days from the date of notice, accompanied by a fee set by resolution of the City Council. The City Manager shall set a date for a hearing to occur within thirty (30) calendar days from the date of the request.

2. Notification of Hearing. At least ten (10) business days prior to the date of the hearing, the City shall, by U.S. certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date, and location of the hearing. The City shall also provide the responsible party with any materials provided to the Hearing Officer at the time the materials are provided to the Hearing Officer.

3. Hearing Officer. Appointment and responsibilities of the Hearing Officer shall be in accordance with the following:

a. The City Manager shall appoint a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (referred to as the “Hearing Officer”).

b. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the Hearing Officer’s impartiality by filing a statement with the City Manager at least five (5) days prior to the date of the hearing, objecting to the hearing before the Hearing Officer and setting forth the grounds for disqualification, in which case the hearing shall be postponed pending a determination on the issue of impartiality. The question of disqualification shall be heard and determined in writing by the enforcement employee within thirty (30) days following the date on which the disqualification statement is filed.

4. Hearing Procedures. Administrative hearing procedures are as follows:

a. The administrative hearing is intended to be informal in nature.

b. Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of his/her case.

F. Administrative Order. The administrative order shall be issued in accordance with the following:

1. Within ten (10) business days of the conclusion of the hearing, the Hearing Officer shall provide the responsible party with his/her decision in writing (referred to as “administrative order”). The Hearing Officer shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party’s last known business address.

2. The administrative order shall contain the Hearing Officer’s reasons for the decision and the procedure described in subsection (H) of this section for seeking judicial review.

3. A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The City shall promptly return any impound fees paid by the responsible party and any bin or dumpster that was determined to be unlawfully impounded.

4. If the Hearing Officer renders a decision in favor of the City, the responsible party must comply with the administrative order or seek judicial review of the administrative order pursuant to subsection (H) of this section.

5. The prevailing party in any administrative proceeding, including any judicial appeal of same, shall be entitled to payment of its costs and expenses, including reasonable attorneys’ fees, by the nonprevailing party.

G. Failure to Attend Administrative Hearing. The effects of failing to attend the hearing are as follows:

1. Waiver of Right to Hearing. The responsible party’s failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the impound fees, and a failure to exhaust administrative remedies.

2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Officer may excuse the responsible party’s failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one (1) time.

H. Judicial Review. If an administrative order is rendered in favor of the City pursuant to this section, the responsible party may seek judicial review of the administrative order by doing one (1) of the following:

1. Appeal the administrative order pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Government Code Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal notice is filed within the period of twenty (20) calendar days, the decision shall be deemed confirmed and final; or

2. File a petition for a writ of mandate pursuant to Code of Civil Procedure Sections 1094.5 through 1094.8 within ninety (90) calendar days after service of the administrative order. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.755)

Part 9. Inspections and Enforcement

15.44.900 Inspections.

A. The City Manager or designee 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 City or designee 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 City or designee 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.

C. Any records obtained by the City or designee 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 or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. (Ord. 22-3 § 1 (Exh. A), 1/25/22)

15.44.905 Enforcement.

Pursuant to California Penal Code Section 836.5, the City Manager or the City Manager’s designee(s) (collectively, the City Manager) is authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112. This authority shall be in addition to the authority granted to law enforcement personnel pursuant to this municipal code, including, but not limited to, the authority to seize bins as evidence of criminal violations, when appropriate. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.900)

15.44.910 Enforcement by Designees.

Wherever in this chapter enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.905)

15.44.915 Violations Punishable.

Except as otherwise provided by this chapter, violation of any provision of this chapter shall constitute an infraction and be subject to penalties pursuant to Section 23.10.020.

Violations of this chapter are also punishable as set out in Sections 1.01.200 through 1.01.250 and Sections 23.10.010 through 23.10.080. (Ord. 09-4 § 1, 4/28/09; Ord. 22-3 § 1 (Exh. A), 1/25/22. Formerly 15.44.910)