Chapter 8.28 SOLID WASTE

A. The purpose of this chapter is to regulate discarded materials handling in order to protect the public health, safety, and welfare and to meet the city’s obligations under applicable law.

B. Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of discarded materials handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether discarded materials services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license, or permit. (Ord. 1028, 2016)

8.28.020 Severability.

If any section, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The city council declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. (Ord. 1028, 2016)

8.28.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Agreement” means a contract entered into between the city and a service provider providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the service provider’s collection, transportation, processing, and/or disposal of discarded materials and the setting of rates and charges for services.

“Applicable law” means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, state of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of discarded materials, or any other materials described in this chapter.

“Bin” means a metal container with a hinged lid and wheels, less than ten cubic yards in size, for the deposit of discarded materials, designed to be collected with a front- or rear-loading collection vehicle.

“Cart” means a plastic container with a hinged lid and wheels, and a capacity of twenty, thirty-two, sixty-four, or ninety-six gallons (or similar volumes) that is serviced by an automated or semi-automated collection vehicle.

“City” means the city of Seaside, a municipal corporation, and its duly authorized representatives.

“City-authorized service provider” means a permittee or franchisee authorized by the city council which has received written approval, through an agreement or otherwise, to collect, transport, process, or dispose of discarded materials within the city.

“City manager” means the city manager for the city of Seaside or any designee of the city manager as being authorized to address specific issues covered by this chapter.

“Commercial” means of, from or pertaining to nonresidential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

“Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and ten to fifty cubic yard drop box compactors serviced by roll-off collection vehicles.

“Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

“Container” means a receptacle used to accumulate discarded materials on premises for scheduled or periodic collection. Containers may be carts, bags, bins, drop boxes, compactors, public litter containers, or other city-approved receptacles.

“Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under applicable law, or who performs (whether as applicant, contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to commercial or residential premises in Monterey County.

“Customer” means a person subscribing with a city-authorized service provider for collection services.

“Discarded materials” means any one or combination of solid waste, recyclable materials, organic materials, salvageable materials, C&D debris, and/or excluded materials discarded by a generator within the city.

“Drop box” means an open-top container with a capacity of ten to forty cubic yards that is serviced by a roll-off collection vehicle.

“Electronic waste” means any discarded electronic devices and components as well as substances involved in their manufacture or use as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.

“Excluded waste” means hazardous waste, household hazardous waste, medical waste, universal waste, volatile, corrosive, radioactive and toxic substances or materials, waste that would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that would present a significant risk to human health or the environment, or otherwise cause a nuisance; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential discarded materials after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include recyclable materials or organic materials which have been properly source separated and placed by a generator for collection by a city-authorized service provider, pursuant to the city-authorized service provider’s agreement with the city.

“Food scraps” means discarded food and food-soiled materials that will decompose and/or putrefy. Food scraps is a subset of organic materials.

“Franchise” means the exclusive or nonexclusive rights granted by the city council to provide collection services to customers in the city.

“Franchise fee” means the fee paid by a franchisee to the city for the privilege to hold a franchise.

“Franchised discarded materials” means those categories of discarded materials required to be collected or otherwise handled by a franchisee, as described in and pursuant to a franchise agreement, unless exempt as described in SMC 8.28.100.

“Franchisee” means the holder of a franchise in the city.

“Generator” means any person whose act or process produces discarded materials, or whose act first causes discarded materials to become subject to regulation.

“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

“Household hazardous waste” or “HHW” means hazardous waste generated at residential premises within the city. HHW includes: electronic waste, universal waste, paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filters, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

“Litter” means discarded materials, debris, vehicle parts, and all other materials, things, or objects which if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a public nuisance, blight or danger to the public health, safety and welfare.

“Medical waste” means materials which are generated or produced as a result of diagnosis, treatment, or immunization of humans or animals; the production or testing of biologicals and sharps waste; laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues; waste containing materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases; biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

“Multifamily” means any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent). Multifamily is a subset of residential.

“Organic materials” means those materials approved by the city for collection in its organic materials collection program. Organic materials include yard trimmings and food scraps. No discarded material shall be considered organic materials, however, unless such material is separated from solid waste and recyclable materials.

“Person” means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.

“Premises” means any land or building in the city. Premises include permanent and transient human dwellings and places of accommodation, commerce, or recreation.

“Recyclable materials” means those materials approved by the city for collection in its recyclables collection program. No discarded material shall be considered recyclable materials, however, unless such material is separated from solid waste and organic materials.

“Residential” means any property, premises or place on which is constructed one or more buildings or other structures containing one or more dwelling units. Residential includes both multifamily and single-family premises.

“Salvageable materials” means discarded materials that may be subsequently reused in their original form for the same or similar purpose.

“Single-family” means any detached or attached house or residence designed or used for occupancy by one family. Single-family may include residential units of a duplex, triplex, or four-plex residential structure. Single-family is a subset of residential.

“Solid waste” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated hereunder that this chapter requires generators within the city to set out for collection unless generators elect to self-haul materials in accordance with this chapter. Excluded from the definition of solid waste are excluded waste, C&D debris, source separated recyclable materials, and source separated organic materials. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container.

“Universal waste” means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

“Yard trimmings” means those discarded plant or otherwise nonanimal organic waste materials that will decompose and/or putrefy. Yard trimmings is a subset of organic materials. (Ord. 1028, 2016)

8.28.040 Inspection of collection premises.

The city manager or their designee may visit all premises within the city limits from time to time and examine the sanitary conditions of said premises to determine whether the premises is in compliance with the provisions of this chapter. Upon notification, all persons, including city-authorized service providers, shall comply with the provisions of this chapter. (Ord. 1028, 2016)

8.28.050 Accumulation of solid waste.

It shall be unlawful for the owner, occupant, or manager of any premises to allow the accumulation of any discarded materials in, on, or under any premises at any time which is, or may become, a menace to health, safety, general welfare, and sanitation or a fire hazard. It shall be unlawful for the owner, occupant, or manager of any premises to ever at any time suffer, permit, or allow any discarded materials of any kind to remain in, on, or under such premises for a period exceeding that allowed by applicable law. Any unauthorized accumulation of discarded materials on any property or premises is hereby declared an unlawful public nuisance, is hereby prohibited, and may be abated pursuant to the provisions of Chapter 8.30 SMC, Property Maintenance Ordinance. (Ord. 1028, 2016)

8.28.060 Improper deposit of solid waste.

A. It shall be unlawful for any person to place, deposit, keep, or bury any discarded materials on, in, or under any premises, as hereinafter provided. It shall be unlawful for any person to deposit any discarded materials in any city sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical device which shreds and grinds said material. It shall be unlawful for any person to bury discarded materials.

B. It is unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped in any containers reserved for the use of any other household, business or other entity (including the general public, in the case of public litter containers), any discarded materials without express written permission from such household, business or other entity. Businesses and residents shall not rely on public litter containers for the deposit of materials generated at their household or business. (Ord. 1028, 2016)

8.28.070 Placing litter on street, sidewalk, alley, or public place.

It shall be unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, public right-of-way or public place in the city, any litter, except that a property owner, occupant, tenant, customer, or their employee may place properly containerized or packaged materials at the curbside, parkway, or alley on regularly scheduled days provided by the city-authorized service provider for removal of the same. Any litter or other discarded materials located in the public right-of-way immediately adjacent to a premises shall be deemed to have originated from that premises unless the owner thereof can prove, to the reasonable satisfaction of the city manager, that such materials did not originate from their property. Any litter or other discarded materials containing names, addresses, or other identifying information shall be deemed to have originated with the person or location identified therein. (Ord. 1028, 2016)

8.28.080 Burning of solid waste.

It shall be unlawful for any person to burn any discarded materials, or any other material described in this chapter, in or on any commercial or residential premises, fire place or pit, street, alley, park, or public place within the city limits. (Ord. 1028, 2016)

8.28.090 Scavenging.

It shall be unlawful for persons other than the appropriate city-authorized service provider to collect discarded materials placed for collection in containers labeled for use in connection with waste management program(s) sponsored by the city or a city-authorized service provider. (Ord. 1028, 2016)

8.28.100 Universal service requirements.

A. Mandatory Subscription. No person shall reside, inhabit or lease to any other person residential property, and no person shall operate any business or lease to any other person commercial property within the city, at any time during which franchised discarded materials collection service is not being provided to the premises by a city-authorized service provider, unless exempt as provided herein. No real estate broker, service or salesperson shall arrange for such rentals without assuring that the agreement includes requirements that such services exist. The legal owner of property and the occupant of such property shall each be separately responsible for ensuring compliance with this provision.

B. Exception for Self-Haulers.

1. Residents or property owners may opt to haul their own discarded materials with the express written permission from the city manager. Such permission shall be conditioned on the city receiving satisfactory documentation of the proper management of discarded materials from that premises.

2. Residents or property owners who opt to haul their own discarded materials must comply with applicable law, including requirements for recycling and separation of recyclable and/or organic materials, where applicable.

3. Residents or property owners who opt to haul their own discarded materials must do so at intervals determined satisfactory by the city manager in the written exemption approval.

4. Residents or property owners who opt to haul their own discarded materials who fail to abide by the above guidelines may have their written exemption approval revoked at the discretion of the deputy city manager – administrative services.

5. An administrative fee for exemption pursuant to this section may be collected annually to offset the cost of administration of the exemption in the amount specified in the application for exemption.

C. Temporary Exemption for Nonoccupancy.

1. Upon request to the city-authorized service provider, service may be placed on hold for any property currently unoccupied due to vacation or other circumstance for a period of up to thirty days; provided, that in any three-hundred-and-sixty-five-day period, service for any property shall not be placed on hold for combined periods in excess of sixty total days. Any hold period longer than thirty days must be approved by the deputy city manager – administrative services. Should the customer place any container for collection during the period of the requested vacation hold, without previously notifying the city-authorized service provider of an early end to the service suspension, the customer shall be responsible for all charges associated with service as though service had never been suspended. Service holds as described herein may be subject to administrative charges as approved by the city.

2. Upon presentation of evidence that any property is undeveloped or unoccupied, the deputy city manager – administrative services may issue a temporary exemption for as long as the qualifying circumstances exist, but not to exceed one year, unless another application for exemption is made and approved.

3. An administrative fee for exemption pursuant to this section may be collected to offset the cost of administration of the exemption in the amount specified in the application for exemption.

4. Decisions of the deputy city manager – administrative services are subject to appeal per SMC 8.28.240. (Ord. 1028, 2016)

8.28.110 Recyclables and organics diversion requirements.

City may make rules or policies from time to time which may require generators or specific groups of generators to participate in recycling related activities in order to be compliant with or otherwise support applicable law. Such rules or policies may include but are not limited to: requiring participation in recyclable materials and/or organic materials collection programs; requiring education of customers, employees, and visitors about recycling programs; and requiring submittal of reports to city about recycling related activities. (Ord. 1028, 2016)

8.28.120 Construction and demolition debris requirements.

Contractors (as defined in SMC 8.28.030), and all holders of franchise(s), permit(s), and/or license(s) for C&D debris collection service and the operation of other related programs within the city shall at all times comply with the following:

A. Applicable law as it may be amended from time to time, including without limitation all laws related to management of C&D debris, preparation of C&D debris management plans and reports, and diversion of C&D debris from disposal; and

B. All written and published city policies and/or administrative guidelines regarding the collection, tracking, and/or reporting of C&D debris. (Ord. 1028, 2016)

8.28.130 Collection – Franchise.

A. The city may grant an exclusive or nonexclusive franchise agreement for franchised discarded materials collection service and the operation of other programs required by applicable law within all or any portion of the city.

B. A person may not be permitted to be the franchisee for a period exceeding twenty years without the award of a subsequent franchise agreement being the subject of a request for proposals process to ensure that the best overall value is provided to the city, its residents and businesses. The request for proposals process may consider numerous factors affecting the value of services including, but not necessarily limited to: the experience and/or reputation of the provider, the quality or level of service provided, the recycling services offered, and the cost of the service. There is no obligation placed on the city to select the lowest priced provider of services identified through such process if such provider does not represent the best overall value.

C. The city may regulate, by ordinance or resolution and through the franchise agreement, all aspects of the service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services.

D. Low Income Senior Rates.

1. The city, through an agreement(s) with a franchisee(s), shall provide a discount for low-income senior citizen customers. Such discount shall be available for any customer aged sixty-five years or above; provided, that such customer demonstrates that they receive assistance under third party utility discount programs such as PG&E’s California Alternate Rates for Energy (“CARE”) ratepayer assistance program. The amount of the discount, along with the application requirements, shall be documented and published by city and franchisee(s) through the franchise agreement or other written policy.

2. Customers receiving discounted rates prior to July 1, 2015, shall be eligible to continue receiving discounted rates; provided, that the qualifying conditions for such rates continue to exist, to the reasonable satisfaction of city. City may require periodic verification that customers receiving such discount continue to inhabit the premises. The amount of the discount, along with the application and qualification requirements, shall be documented and published by city and franchisee(s) through the franchise agreement or other written policy.

E. When a franchise agreement for the collection of discarded materials is in effect, no person, other than employees of the franchisee, may collect, haul or transport discarded materials within the district, including drop boxes, except as set forth in the franchise agreement and self-haulers pursuant to SMC 8.28.100(B).

F. Any grantee of a franchise agreement shall pay to the city a franchise fee, the amount of which shall be set forth in the franchise agreement and approved by the city council. The city council shall have the right to adjust the amount or calculation of the franchise fee from time to time at any point during the term of the franchise agreement, subject to the procedures for adjustment described in the franchise agreement.

G. No person other than the franchisee or other city-authorized service provider, or an agent or employee thereof acting within the scope of their employment, shall tamper or meddle with, or remove items from, a container or receptacle placed by a generator for collection by the city or that city-authorized service provider.

H. It shall be unlawful for any person to solicit, accept, engage or otherwise utilize discarded materials handling service for paid consideration by a person not authorized to provide such service.

I. No person other than the franchisee or other city-authorized service provider shall offer to handle discarded materials or handle discarded materials on behalf of another in exchange for compensation in any form or amount. (Ord. 1028, 2016)

8.28.140 Collection – Other authorized collectors.

A. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for recyclable materials collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle recyclable materials or handle recyclable materials on behalf of another in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) shall at all times comply with applicable law, as it may be amended from time to time.

B. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for C&D debris collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle C&D debris or handle C&D debris on behalf of another in exchange for compensation in any form or amount.

C. The city may grant exclusive or nonexclusive franchise(s), permit(s), and/or license(s) for home or site clean-out collection service and the operation of other programs required by applicable law within all or any portion of the city. The terms of such permits or licenses shall be determined by the city. No person other than such city-authorized service providers shall offer to handle discarded materials resulting from clean-out collection services or handle discarded materials resulting from clean-out collection services on behalf of another in exchange for compensation in any form or amount. Holders of such franchise(s), permit(s), and/or license(s) shall at all times comply with applicable law, as it may be amended from time to time.

D. It shall be unlawful for persons, contractors, landscapers or drop box haulers not in possession of a franchise(s), permit(s), and/or license(s) for discarded materials collection granted by the city to remove discarded materials from premises within city unless such discarded materials are generated as incidental to other services performed by such contractor, landscaper or other person (not including agents or subcontractors to the person providing such service). (Ord. 1028, 2016)

8.28.150 Collection – Discarded materials ownership.

A. Upon placement of discarded materials in a designated collection container, such discarded materials shall become the property of the city or the city-authorized service provider engaged to collect such material, as determined by the city-authorized service provider agreement.

B. It is unlawful for any person, except for the city or a city-authorized service provider, engaged to provide such service, to collect discarded materials from designated collection containers.

C. Nothing in this chapter limits the right of any person to sell, donate, or otherwise divert their own discarded materials from landfilling, except that recyclable materials, organic materials, C&D debris, and salvageable materials deposited into containers provided by city or a city-authorized service provider and placed for collection shall become the property of the city or city-authorized service provider as provided for in subsection A of this section. (Ord. 1028, 2016)

8.28.160 Collection – Interference with collection.

It shall be unlawful for any person in any manner to interfere with the collection, removal, or disposal of discarded materials by city or a city-authorized service provider. (Ord. 1028, 2016)

8.28.170 Collection – Vehicles.

A. It shall be unlawful for any person to collect, transport, or carry discarded materials in any vehicle which does not comply with all applicable laws.

B. It shall be unlawful for any individual to discard any object directly into any vehicle owned or operated by the city or a city-authorized service provider except for any city or city-authorized service provider personnel, duly authorized agents, or volunteers. (Ord. 1028, 2016)

8.28.180 Containers – Placement of discards.

The person in charge of any premises in the city may gather the discarded materials together and put such materials into a container approved by the city for that premises which can be conveniently handled by the city or a city-authorized service provider. Carts, bins, drop boxes, and compactors shall be deemed acceptable for use by customers to store franchised discarded materials where approved by the city. City may approve additional or alternative containers or discarded materials bundling formats from time to time. (Ord. 1028, 2016)

8.28.190 Containers – Residential premises.

Residential containers shall be placed as follows:

A. Carts shall be screened from view, except when placed for collection. Each cart shall be placed for collection by five a.m. of collection day and no earlier than the preceding evening, and shall be removed by ten p.m. of collection day.

B. For purposes of this section, “screened” means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the city manager.

C. All containers shall be placed and maintained in a location readily accessible to the city and not constituting either a fire hazard or a public nuisance.

D. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the customer.

E. Failure to relocate the containers following notice shall be unlawful. (Ord. 1028, 2016)

8.28.200 Containers – Commercial premises.

All commercial customers shall comply with the following requirements regarding containers and their placement:

A. All containers shall be placed and maintained in a location readily accessible to the city and not constituting either a fire hazard or a public nuisance.

B. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the customer.

C. Failure to relocate the containers following notice shall be unlawful. (Ord. 1028, 2016)

8.28.210 Containers – Commercial enclosures.

All commercial customers shall comply with the following requirements regarding container enclosures:

A. All commercial container enclosures shall have adequate space accommodations for solid waste, recyclable materials and organic materials containers, in accordance with applicable law, and the city’s standard plans and specifications.

B. All new commercial developments must include adequate space accommodations for enclosures in accordance with applicable law, and are subject to a plan check process including review, at a minimum, by the city manager.

C. Enclosures must be located in places convenient for the removal of discarded materials and must be approved by the city manager. Enclosures, including gates and gate hardware, must be maintained in good working condition, and readily accessible by the city or city-authorized service provider. If an enclosure is not adequately maintained, service may be withheld until the condition is remedied to the satisfaction of the city manager. (Ord. 1028, 2016)

8.28.220 Containers – Exclusive use.

A. It is unlawful for any person to dump or place any material into, or to utilize, any container without consent of the owner or person to whom the container has been provided by city-authorized service provider.

B. It is unlawful for any person, without the consent of the owner or person to whom the container has been provided by city-authorized service provider, to enter into a container for the purpose of salvaging or recovering any item therein or for the purpose of utilizing the container to rest or sleep therein. (Ord. 1028, 2016)

8.28.230 Prohibited materials.

Materials not permitted to be placed in containers for collection by the city or city-authorized service provider include excluded waste, hot ashes, sharps, flammables, live ammunition, explosive substances, poison, hazardous chemicals, offal, animals, and similar materials. Disposal of excluded waste shall be performed through a licensed collection and disposal company which complies with all applicable laws and regulations. No person shall place in containers any wearing apparel, bedding, or other material from homes or other places where highly infectious or contagious diseases have prevailed. City and city-authorized service providers shall maintain a current list of prohibited materials, and shall make such list available to generators. Generators are responsible for obtaining and reviewing such list of prohibited materials, and acting in accordance with applicable law. (Ord. 1028, 2016)

8.28.240 Appeals to city manager.

A customer may appeal a decision of the deputy city manager – administrative services to the city manager in writing to the city manager within five days of receipt of the deputy city manager’s ruling. The written appeal must state the reason for the appeal and specify any facts or evidence in support of the request. The city manager or designee, who may be a city hearing officer, will promptly consider the appeal and provide a written decision within ten days of the filing of an appeal. The city manager’s determination will be final. (Ord. 1028, 2016)