Chapter 8.05 GARBAGE, RUBBISH AND WEEDS

“Contractor” means any corporation, partnership, person, or employee thereof, with whom the city shall, as authorized by California Health and Safety Code Section 49300, have duly contracted under the terms of this chapter to collect within, transport through the streets, alleys or public ways of the city, and dispose of garbage and rubbish produced within the city.

“Garbage” means kitchen and table refuse, offal, swill and all putrescible substances which shall include but not be limited to every accumulation of animal and vegetable refuse and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables.

“Rubbish” means all combustible, noncombustible and nonputrescible substances, matter and materials which are rejected by owners or producers thereof as offensive or useless, and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community by increasing pests, disease or hazard by fire, excepting therefrom garbage, which ordinarily accumulates in and about residences, buildings, apartment houses, hotels, motels, restaurants, cafes, stores, shops, offices, and any commercial, industrial, or other public buildings. Among other things, it shall include tree and shrubbery trimmings cut in length not to exceed three feet, grass, weeds, leaves, chips, paper, pasteboard, magazines, books, rags, rubber, carpets, clothing, straw, packing boxes, cartons, crates, packing material, broken crockery, broken glass, ashes, cinders, shells, bottles, tin cans, metal, and all other kinds of waste and refuse, but excluding discarded automobile or truck bodies, or other bulky or heavy objects, that cannot be deposited and contained within receptacles as hereinafter set forth, and dirt, brick, mortar or other debris incident to building construction or demolition operations. [Ord. 551-79, 6-26-79. Prior code § 8-1].

8.05.020 Unlawful accumulations – Regulations for accumulations.

(1) Compliance with Sections. It shall be unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any garbage or rubbish to be accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley, or drive, unless the same shall be kept, deposited, or allowed to accumulate as provided by this section; provided, with a building permit so to do, it shall not be unlawful for any person to deposit, or cause to be deposited, any brick, brickbats, cement, plaster, stones and gravel in any place authorized in said permit.

(2) Receptacles. It shall be unlawful for any person to keep, accumulate or permit to be accumulated any garbage for a period in excess of seven days, upon any lot or parcel of land or on any public or private land, place, street, alley or drive, unless the same shall be maintained in a container of a size, type and construction hereinafter set forth or approved in writing by the director of public works of the city of Willows. Unless otherwise authorized, such receptacles shall have a capacity of not less than 15 gallons nor more than 30 gallons and the receptacle shall be constructed of galvanized metal or substantial plastic provided with handles and close fitting metal or substantial plastic lids or covers. Said lids or covers shall be kept closed at all times except when necessarily opened to permit garbage to be taken therefrom or deposited therein.

(3) Rubbish. It shall be unlawful for any person to keep, accumulate or permit to be kept or accumulated any rubbish, for a period in excess of 30 days, unless the same be kept in receptacles of the size, type and construction hereinabove set forth for the containment of garbage or as otherwise approved, in writing, by the director of public works of the city of Willows.

(4) Deposits in Streets, etc. It shall be unlawful for any person to deposit, except as herein provided, any garbage or rubbish in or upon any public or private lane, place, street, alley or drive or any gutters or any drain facilities connected therewith. [Ord. 551-79, 6-26-79. Prior code § 8-2].

8.05.030 Burning garbage and rubbish.

It shall be unlawful to burn or cause to be burned in the city any garbage. Combustible rubbish may be burned, subject to federal, state and city regulations. [Ord. 551-79, 6-26-79. Prior code § 8-3].

8.05.040 Burying garbage.

It shall be unlawful for any person to bury garbage in any place within the city without a permit. [Ord. 551-79, 6-26-79. Prior code § 8-4].

8.05.050 Enforcement of chapter – Right of entry.

The director of public works, the city/county health officer and their designated representatives are specifically required to enforce the provisions of this chapter and have the right to enter any or all premises for the purpose of determining whether the provisions of this chapter are being conformed with, and any person denying or obstructing such entry shall be subject to the penalty provided in WMC 1.05.080. [Ord. 551-79, 6-26-79. Prior code § 8-5].

Article II. Collection and Transportation

8.05.060 Transporting garbage.

No garbage shall be removed or carried on or along any street or any alley of the city, except in water-tight containers with proper coverage so that the garbage shall not be offensive. Every such container shall be kept clean and the garbage shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. [Ord. 551-79, 6-26-79. Prior code § 8-27].

8.05.070 Vehicle specifications – Dust and spillage preventions – Covers.

No garbage or rubbish shall be removed and carried on and along the streets and alleys of the city, except in conveyances so constructed and arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys or drift or blow into the air. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown on the streets, alleys and adjacent lands. [Ord. 551-79, 6-26-79. Prior code § 8-28].

8.05.080 Contract and insurance requirements.

(1) Contract Authorized Maximum Period. The city may enter into a contract for the collection and disposal of garbage and rubbish for a period not to exceed 10 years in accordance with, and under the terms and conditions that are consistent with, the provisions of this chapter.

(2) Scope of Contract. Such contract shall provide that the contractor shall collect and dispose of the garbage and rubbish in the city in the manner as in this chapter provided.

(3) Fee Limitation. The contract shall provide that the contractor shall not charge any amounts in excess of the rates to be agreed upon between the contractor and the city, and set by a resolution passed and adopted by the city council of the city at the time of the making of the contract or as thereafter modified.

(4) Bond. The contractor shall be required to furnish a cash or surety bond to the city in the sum of $10,000 conditioned upon the faithful performance of the contract and the provisions of this chapter.

(5) Worker’s Compensation Required. Such contract shall also require that the contractor procure, for the period covered by the proposed contract, full compensation insurance with an “industrial carrier” as defined by and in accordance with the provisions of Division 4 (Section 3200 et seq.) of the California Labor Code, entitled Workmen’s Compensation and Insurance.

(6) Liability Insurance. Such contract shall also require that the contractor carry public liability insurance in the minimum amount of $100,000 for loss from an accident resulting in bodily injury to or death of one person; $500,000 for the death or injury of more than one person; and property damage insurance to the extent of $25,000 upon each of the trucks or other vehicles used by contractor in carrying out the work called for in the contract; such insurance to cover both the city and the contractor. The contractor shall deliver a certificate of each such policy to the employer. [Ord. 551-79, 6-26-79. Prior code § 8-29].

8.05.090 Unlawful collections.

(1) It shall be unlawful for any person, for a charge or fee, other than the city or such contractor as may be designated by the city under contract therefor, to collect, dispose of, transport, carry or convey through the streets, alleys, or public ways of the city, any garbage, or to collect or dispose of same.

(2) Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or police to constitute a health menace of such nature as necessary to be ordered by either of such officers to be promptly removed. [Ord. 551-79, 6-26-79. Prior code § 8-30].

8.05.100 Interfering with collection.

It shall be unlawful for any person in any manner to interfere with the collection or disposal of garbage or rubbish by any person authorized by license or contract to collect and dispose of same. [Ord. 551-79, 6-26-79. Prior code § 8-31].

8.05.110 Unlawful opening or damaging of garbage containers for purposes of collection, inspection, interference, or disturbance by individuals.

(1) It shall be unlawful for any unauthorized individual(s) to open or damage any garbage, refuse or recycling bin or can container or to inspect, collect, interfere with, disturb or scatter any refuse, including, but not limited to, written documents or recyclable refuse stored in such bin or can container, while awaiting collection on the public right-of-way.

(2) Nothing in this section shall prohibit the collection of recycling materials from containers located on public lands.

(3) Any violation of those actions described in subsection (1) of this section shall be a misdemeanor. [Ord. 677-07, 10-9-07. Prior code § 8-32].

Article III. Weeds and Rubbish Removal²

8.05.120 Provisions adopted by reference.

For the purpose of providing regulations covering the control of weeds as defined by Section 39561.5 of the Government Code, within the city of Willows, there is hereby adopted by reference and incorporated herein as part of this code, Article 2, entitled “Alternative Procedures,” of Chapter 13, entitled “Weed and Rubbish Abatement,” of Title IV, Division 3, Part 2, of the Government Code, as the same now exists or as hereafter amended, except wherein the provisions thereof are specifically changed or amended by the provisions of this title; establishing and adopting by reference California Government Code Sections 39560 through 39588. [Ord. 692-11 § 1, 2-22-11; Ord. 481-71, 3-8-71. Prior code § 8-47].

Article IV. Waste Disposal Sites

8.05.190 Definition of dwelling unit.

For the purposes of this article, a “dwelling unit” is defined to be, mean and designate a building, structure or enclosure, or a portion thereof, whether or not affixed to the land by a permanent type of foundation or footing, consisting of one or more habitable rooms which are occupied or which are intended or designated to be occupied by one or more persons as a family for living, sleeping, cooking and eating. A “mobile home,” as defined in Section 18008 of the Health and Safety Code, is a “dwelling unit” for the purposes of this article. A “recreational vehicle,” a “commercial coach,” and a “travel trailer,” as defined in Sections 18011.5, 18012, and 18013 of the Health and Safety Code, are not deemed to be “dwelling units” for the purposes of this article. A hotel, motel, rooming house, lodging house, or boardinghouse having only one kitchen or cooking facility shall be deemed to be a single dwelling unit. Two or more dwelling units may be located in a single building or structure commonly designated as a flat, duplex, triplex, multiplex, motel, apartment house or apartment building. Two or more units may be located on a single parcel of land. [Ord. 488-72, 8-31-72. Prior code § 8-61].

8.05.200 Determination of factors relating waste disposal fee to land classification.

This city council determined that in the city of Willows solid waste materials are primarily created by people who are residents of the city and not by particular business, industries, commercial enterprises, agricultural pursuits or land uses. In other words, it is found by the city council that there is a direct relationship between the volume of solid wastes generated within the city and the number of families permanently residing in the city. It is further determined that the cost and expense of acquiring, operating and maintaining solid waste disposal sites for the city of Willows, in a manner compatible with good public health and environmental practices, should be borne directly by those who create the waste disposal problem. Therefore, for the purposes of solid waste disposal, all lands within the city are classified according to those parcels upon which dwelling units are situated and those parcels upon which dwelling units are not situated without regard to other land use, zoning, assessed valuation or other criteria. [Ord. 488-72, 8-31-72. Prior code § 8-62].

8.05.210 Fees for acquisition and operation of waste disposal site.

Each year the city council, by resolution, shall impose an annual fee for the ensuing fiscal year upon each dwelling unit, whether or not inhabited, occupied or tenanted, located on land within the city, the revenue from which shall be used only for the acquisition, operation and maintenance of city waste disposal sites and for financing waste collection, processing, reclamation, and disposal services. [Ord. 488-72, 8-31-72. Prior code § 8-63].

8.05.220 Billing by tax collector.

The tax collector shall prepare a bill or statement in appropriate form for each such parcel which will indicate the amount of the annual waste disposal fee, computed by multiplying the dwelling unit fee, as fixed by the city of Willows, by the number of dwelling units located on the parcel, and enclose such statement with the regular property tax bill for such parcel for that fiscal year. [Ord. 488-72, 8-31-72. Prior code § 8-64].

8.05.230 Payment of waste disposal fees.

Waste disposal fees shall be payable to the city tax collector on or before the date fixed for the payment of the first installment of city property taxes. [Ord. 488-72, 8-31-72. Prior code § 8-65].

8.05.240 Collection of delinquent fees.

Not less than 60 days after the date fixed for the payment of the first installment of city property taxes, the city council shall initiate the procedures provided for in Section 25831 of the Government Code for the collection of delinquent fees. [Ord. 488-72, 8-31-72. Prior code § 8-66].

Cross references—Abandoned vehicles and machinery constitute nuisances, Chapter 8.10 WMC, Article II.

State law references—Consent by city to formation of garbage and waste disposal districts, § 49005 et seq., Public Resources Code; authority to contract for disposal, § 49300, Public Resources Code.

Prior legislation: Code 1959 §§ 9.17 – 9.21 and prior code §§ 8-48 – 8-53.

Cross reference—Removal along sidewalks, WMC 12.05.070.

State law references—Removal may be required, § 39500 et seq., Gov. Code; abatement by counties, § 14857 et seq., Health and Safety Code; definitions, same section.