Every owner, proprietor, person in possession, manager, or other person, firm, or corporation having the charge or control of any occupied property shall be subject to the provisions of this section based on the property types as defined.
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(A) Single-family organic waste generators shall comply with the following requirements.
(1) Shall subscribe to the city’s three-container collection services for trash, recyclable materials, and organics. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and, single-family generators shall adjust their service level for collection services as requested by the city.
(2) Shall participate in the city’s three-container collection service(s) by placing designated materials in designated containers described below and shall not place prohibited container contaminants in collection containers. The generator shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and trash in the trash container. Generators shall not place materials designated for the trash container into the organics or recycling container.
(B) Generators that are commercial businesses, including multi-family residential dwellings, shall:
(1) Subscribe to the city’s three-container collection services and comply with requirements of those services as described below:
(a) The generator shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and trash in the trash container. Generators shall not place materials designated for the trash container into the organics container or recycling container.
(b) The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
(2) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 6-3.03(A)(3) below) for employees, contractors, tenants, and customers, consistent with the city’s recycling container, trash container, and organics container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3.08.
(3) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(a) A body or lid that conforms with the container colors provided through the collection service provided by the franchised hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(b) Container labels that include language or graphic images, or both, indicating the primary material 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. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(4) 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 city’s collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with § 6-3.08. For the purpose of this subsection, property managers and maintenance staff are considered employees.
(5) Inspect recycling containers, organics containers, and trash containers for contamination and inform employees and tenants if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(6) Annually provide information to employees, contractors, tenants, and customers about resource recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
(7) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from trash (when applicable) and the location of containers and the rules governing their use at each property.
(8) Provide or arrange access for the city or its agent to their properties during all inspections to confirm compliance with this chapter and SB 1383 regulations.
(9) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6-3.08.
(10) Commercial businesses that are Tier One or Tier Two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6-3.302.
(C) Every person, firm or corporation that generates and that is required by this chapter to dispose of trash, organics, and recyclable materials shall subscribe with the contractor for the collection of trash, organics, and recyclable materials. In the case of any leased or rented single-family dwelling or leased or rented apartment, flat, duplex, or multi- family dwelling, the owner shall ensure that there is adequate collection and disposal service for each occupant residing therein and shall be responsible for the payment of the charges therefor.
(D) The contractor shall give written notice to the City Manager or his or her designee of the address of any commercial or industrial business or occupied premises within the city which is not furnished with the collection and disposal service provided by the contractor.
(E) Failure to subscribe for and correctly participate in the collection of trash, organics, and recyclable materials as required by this code is unlawful. In addition to the penalties provided in Chapter 2 of Title 1 of this code, failure to subscribe for the collection and disposal of trash, organics, and recyclable materials may also result in abatement action by the city, including the city directing the contractor to adjust service levels on an account on behalf of the property owner in incremental periods of six months.
(F) If the city manager or his or her designee determines that any person, firm, corporation or entity has failed to subscribe for the collection of trash, organics, and recyclable materials as required by this code, a written notice may be sent to the person, firm, corporation or entity informing them of the violation and the requirements of this chapter. The notice shall direct the recipient to subscribe with the contractor within ten days after the date of the notice and the penalties for continued failure to comply.
(G) Any person, firm, corporation or other entity may apply for an exemption to the requirements of this chapter upon the showing that the premises are unoccupied. Such application shall be made on any form supplied by the city.
(H) No provision of this chapter shall be construed to prevent an owner from requiring the tenant to furnish the containers required by this chapter, or to subscribe for the collection of trash, organics, and recyclable materials; provided, however, that such arrangement does not excuse the owner of his or her obligations under this chapter if the tenant fails to comply.
(I) Nothing in this chapter shall be construed to prevent any person, firm, corporation, or entity from the periodically removing and disposing of trash, recyclables, and organics from premises owned, managed or controlled by that person as long as the self-haul requirements of § 6-3.08 are followed and the material removed does not include hazardous, infectious or special handling materials, or to so remove the material would constitute a hazard to the public health or safety or would constitute a public nuisance, or unless such person, firm, corporation or entity is engaged in the business of hauling.
(J) Owners of a structure or property that is vacant but maintains water services for irrigation, property maintenance or similar purpose, may apply to the City Manager or designee for exception to the requirement for solid waste service. The conditions and terms of this exemption may be restricted.
(‘66 Code, § 6-3.02) (Ord. 711-C-S, passed 6-9-88; Am. Ord. 1088-C-S, passed 3-13-07; Am. Ord. 2177-C-S, passed 1-28-20; Am. Ord. 2200-C-S, passed 1-11-22)