§ 6-204. COLLECTION CONTAINERS, PROVISION AND USE.

(a)

All automated containers and roll-off containers used shall be issued by the authorized cart/bin collection agent or authorized roll-off collector to a responsible party unless otherwise approved by the Director and subject to such rules and regulations regarding size, markings use and storage as the Director may promulgate. Without limitation, responsible party shall be responsible for ensuring compliance with the provisions of this article as to each container issued with the exception that each authorized roll-off collector shall be responsible for compliance with provisions of Section 6-204(e).

(b)

Only objects or materials which will drop freely through the container opening and permit the lid to be fully closed, or which do not exceed the height of the drop-box walls, may be placed in the container for collection. Objects too large to be placed in and processed by the hopper of the collection vehicle and its related mechanisms will be tagged by the collector and left for the customer to remove from the container.

(c)

The Director is specifically authorized to promulgate rules and regulations regarding any and all material containers including as related to the materials to be placed therein, the placement and maximum weight of high-density materials for collection/disposal and the proper use of containers.

(d)

The provisions of this subsection shall apply to solid waste, recyclable materials, organic materials, and construction and demolition debris containers. Such containers shall only be used for the storage of material designated by the Director, to be collected by the authorized cart/bin collection agent or authorized roll-off collector.

(e)

All containers provided by an authorized roll-off collector shall be labeled in such a manner that prominently displays the collection agent's or roll-off collector's name, local telephone number, a unique container identification number, and a list of acceptable materials. As appropriate, containers shall be labeled for: solid waste, recyclable materials, organic materials or construction and demolition debris. Such labeling may be temporary labeling in the form of magnetic or detachable signs.

(f)

Any responsible party who violates this section 6-204 is subject to the following enforcement provisions, without limitation upon rights and remedies otherwise available to the city:

(1)

A notice of violation shall be issued and served for the first and second violation of this section 6-204 occurring at a service location. Upon curing a violation, responsible party may request special service of the container at an additional expense as provided in the Master Fee Schedule, or may opt to wait until their next scheduled service day for the container to be serviced.

(2)

For the third and subsequent violation of this section 6-204 occurring at a service location, public nuisance proceedings under Section 1-601 et seq. of Chapter 10 of this Code and/or code enforcement proceedings under Section 1-301 et seq. of Chapter 1 of this code shall apply, including penalties as provided in the Master Fee Schedule, as modified from time to time.

(3)

Penalties may be added to the utility bill for the service location following expiration of the time to appeal provided under this article and state law including Cal. Gov't Code Section 53069.4.

(4)

The penalties collected will be utilized to reimburse administrative costs and/or for recycling education. Billing and collection procedures and provisions contained in Chapter 6, Article 1 of this Code shall also govern this section.

(g)

The City shall have the right to remove containers that do not comply with the labeling requirements set forth in Section 6-204(e). In such case, the City shall tag the container to be removed with a notice of its intent to remove the container and dispose of or process the materials; and, City shall provide written notice to the owner of the container (if the party can be identified) and the responsible party stating that the container has been tagged for removal. Within fourteen (14) calendar days of such notice, the City or its agent may remove the container and dispose of or process the materials. If the City can identify the owner of the container, the City may charge the owner of the container for the City's costs incurred removing the container, transporting, processing, and disposing of its contents, and/or the cost of storing the container. Upon receipt of invoice, the container owner shall reimburse the City for such costs within fourteen (14) calendar days of the date of the City's invoice for such costs and remove the container from the City storage location or its agent storage location. If the owner does not pay the invoice amount within fourteen (14) days and remove the container, the City shall becomes the container owner. In the event the City cannot identify the owner of the container, the City shall become the owner of the container upon removal of the container from the responsible party's premises following proper noticing procedures]

(h)

Enforcement Authority. The Director shall have the authority to enforce the provisions of this article.

(i)

Other Remedies Not Precluded. Nothing in this Code shall be deemed to limit the right of the city to bring a civil or criminal action against any person who violates section 6-204.

(Added Ord. No. 2011-25, § 2, eff. 9-1-11)