§ 6-205. COLLECTION AND DISPOSAL REGULATIONS.

(a)

All Persons Subject. No person shall dispose of any material to be collected by the authorized cart/bin collection agent or authorized roll-off collector or shall keep any material other than as indicated in this section.

(b)

Removal of Solid Waste, Recyclables, Organic Materials, and C&D Debris. Except as provided herein, every responsible person of any service location where there is any accumulation of material shall place the material at the service location in the appropriate container for collection at least once each week or otherwise lawfully dispose of such material; or as otherwise determined by the Director pursuant to the authority granted to the Director in section 6-208. No collection shall be performed by a person other than an authorized cart/bin collection agent or authorized roll-off collector.

(c)

Collection and Disposal Rules for Residential Service Locations.

(1)

All material shall be loosely placed for collection in covered collection containers conforming to requirements of this article.

(2)

No container shall be loaded beyond the capacity as specified by the city in section 6-204 of this chapter 6.

(3)

All material shall be stored in containers conforming to the requirements of this article. Material from each residential customer must be placed for collection on a weekly basis in the appropriate solid waste, organic materials, or segregated recyclables furnished by an authorized collection agency or in a roll-off container furnished by an authorized roll-off collector for temporary service of C&D debris, green waste material, or solid waste]

(4)

No material from any service location shall be deposited in a container of, or set out for collection at, any other service location except that this provision shall not apply to material deposited or set out for collection by any customers lawfully sharing a container; and, except that temporary service locations may be established by the Director in instances where the Director has been notified of construction, demolition, or other temporary obstacles which prevent the use of or access to permanent service locations and has agreed to deviations.

(5)

Each service location shall be provided with sufficient containers to adequately store for collection the normal periodic accumulation of material. In cases where an abnormal accumulation cannot be stored until the next regular collection in a manner conforming to this article, the customer shall order a special haul and pay for that service at the rates established in the Master Fee Schedule pursuant to section 6-207 of this article, or shall transport the material to a lawful disposal site, in compliance with all applicable laws and regulations mandated by all federal, state or local agencies.

(6)

No material or containers shall be kept or handled in such a manner as to become a nuisance. No material shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection. Residential composting operations shall be exempt from this subsection; provided, that only vegetation grown on the premises is being composted and that the Director determines that the operation is sufficiently capable of being aerated to preclude noxious or offensive odors being perceived from adjacent properties.

(7)

No live or hot coals, ashes, or other things, which can cause a fire in a collection container or vehicle shall be placed in or with any material set out for collection. Cold ashes and coals placed for collection shall be contained in such a manner as to retard their blowing and flying on being emptied into the collection vehicle.

(8)

Except as provide herein, no human or animal excrement shall be placed for collection. Solid animal excrement may be placed for collection within the solid waste container provided said excrement is placed properly containerized in a plastic or paper bag, to secure contents.

(9)

Automated-containers shall be placed within two feet of the curb, unless otherwise specified by Director, in a manner such as to be in front of any fence or other barrier or enclosure and readily accessible from the street or alley on which the collectors conduct their route. Automated containers shall be placed at least three feet from any obstruction, including another automated-container. In the event material collection is made by driving the collection vehicle on to the premises, residential material shall be placed at the service location. Further, in the event a responsible person produces a medical doctor's statement that he/she is physically unable to comply with this provision, together with such responsible person's affidavit certifying that no able-bodied person residing on his premises is available to effect compliance with this provision, the Director shall arrange with the responsible person for special service at no additional expense.

(10)

Container in view requirements: No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code, provided that upon written request the Director in his/her discretion may grant relief from screening requirement based upon facts and circumstances showing undue hardship and provided that roll-off containers supplied by an authorized roll-off collector for use on a temporary basis not to exceed thirty (30) days may be exempt from the view screening requirements. At his/her discretion, the Director may extend the thirty (30) day exemption period for roll-off containers on a case-by-case basis. Containers shall be placed for collection as described in (11) of this subsection (c). No material or container shall be stored or placed for collection within a public walkway, roadway, or any other traveled way in a manner which impedes traffic or drainage or in any manner which creates a hazard.

(11)

Placement for collection shall conform to the following: Automated containers shall be placed for collection before 5:30 a.m. of the collection day, but not before 6:00 p.m. of the preceding day. The containers shall be moved back to their normal storage location by not later than 8:00 p.m. of the collection day unless authorized by the Director. Roll-off containers are exempt from the requirements of this subsection.

(12)

Except as expressly authorized by city, no more than 288 gallons or three 96-gallon containers will be collected from each separately owned residential service location.

(13)

It shall be the customer's responsibility to keep their containers used for the storage and collection of material generated on their premises in a clean and sanitary condition.

(d)

Collection and Disposal Rules For Commercial Service Locations.

(1)

Material may be stored in such rooms or places as are approved by the Director and by the Fire Marshal for the safe and sanitary keeping of such material.

(2)

Material from each commercial customer must be placed for collection in the appropriate solid waste, organic materials, and segregated recyclables container(s) furnished by an authorized collection agency or authorized roll-off collector having a combined capacity at least equal to the estimated normal generation of material by the customer. It shall be the customer's responsibility to keep their containers used for the storage and collection of material generated on their premises in a clean and sanitary condition.

(3)

Service locations served from alleys shall be placed for collection at the alley. Containers used at all such places not served from alleys shall be placed for collection of material at service locations approved by the Director, but shall not be stored in public roadways, walkways, or other traveled ways.

(4)

Automatic locking containers in the Downtown Property and Business Improvement District 2010-1 and any amendments to the District as directed by the District's Owners Association from time to time shall be secured by a lock at all times at all commercial service locations, except when customers are placing material into the containers. It shall be the customer's responsibility to keep such containers at their premises locked. The results of the enforcement of this added subsection shall be reviewed by Council within one (1) year of the effective date of the Ordinance adding this subsection.

(e)

Days of Collection. The capacity and number of material containers, days of collection, and number of collections exceeding the number required pursuant to this section, and requested by any customer shall be subject to the approval of the Director giving full consideration to the nature and needs of the customer, and to the capabilities and efficient operation of the city. Material will be collected on Sundays only at those premises where collection is deemed necessary by the County Health Department or by the Director with the exception that authorized roll-off collectors may collect roll-off boxes any day of the week without requesting approval of the Director.

(f)

Construction and Demolition Debris Diversion. Construction and demolition debris generated under a city issued building, relocation or demolition permit and equal to or exceeding 8 cubic yards of material by volume must either be (i) segregated and recycled by the person holding the building, relocation, or demolition permit using a certified recycling facility, (ii) collected by an authorized cart/bin collection agent or authorized roll-off collector for recycling and disposal to a certified recycling facility: or (iii) transported from the premises by a contractor performing construction or demolition work at the premises, whose removal of the construction and demolition debris is incidental to the service being performed, and such contractor removes materials at no additional or separate fee using contractor's employees and contractor's equipment. For the purposes of this subsection, C&D removal service shall be considered "incidental" when the estimated cost of the removal, which includes transportation and disposal or processing of the materials, is less than thirty percent (30%) of the contractor's total cost of services being performed for the responsible party. The city council may from time to time set forth by resolution a construction and demolition material diversion fee to be upon such building, relocation or demolition permit to be issued by city. Said diversion fees shall be deposited into the solid waste operating fund to be used for diversion program implementation including administration and education.

(g)

Enforcement. Any responsible party or other person (e.g., person performing unauthorized collection) who violates this section 6-205 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 6-205 occurring at a service location.

(2)

For the third and subsequent violation of this section 6-205 occurring at a service location, public nuisance proceedings under Section 10-601 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 approved by resolution of the city council, and stated in the Master Fee Schedule, as modified from time to time.

(3)

If a responsible party is assessed administrative penalties, 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.

(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 9-405.

(Added Ord. No. 2011-25, § 2, eff. 9-1-11; Am. Ord. No. 2011-23, § 1, eff. 9-1-11)