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Eureka Overview
Eureka, California Code of Ordinances
EUREKA, CALIFORNIA MUNICIPAL CODE
CHARTER OF THE CITY OF EUREKA
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
CHAPTER 50: SEWERS
CHAPTER 51: SOLID WASTE
CHAPTER 52: UNDERGROUND UTILITY DISTRICTS
CHAPTER 53: WATER
CHAPTER 54: STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL
CHAPTER 55: ENERGY
CHAPTER 56: STREETS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 51.16 RATE DEVIATIONS.
   (A)   Metered rates. The city's franchise collector/hauler will include metered service which provides market based incentives to reduce waste and increase waste diversion through curbside collection of recyclable waste materials. Metered service will require that residents and other users, particularly those who recycle and compost the vast majority of their waste, have the opportunity to pay lower rates for smaller garbage bins/carts, thus encouraging higher rates of waste diversion.
   (B)   Appropriate rates. The accumulation of solid waste in certain instances may be so far above the normal or average, that the rates approved by the City Council may not be sufficient to fairly compensate the collector for collecting the same, or the accumulation of solid waste in certain instances may be so far below the normal average that the rates fixed by the City Council may not be fair and just to the property owner obligated to pay for the removal of solid waste. If, after attempting to resolve the rate difference, either the collector or the property owner believes such to be the fact, a written application may be made to the City Manager for potential relief, and it will be the duty of the City Manager to make an investigation and, if possible, to fix a rate fair to both parties.
   (C)   Disputes over charges made by collectors, or as to the character of the service performed, will be decided by the City Manager or designee.
(Ord. 943-C.S., passed 2-21-23)
§ 51.17 STORAGE.
   A property owner or occupant shall store garbage, recyclable, and organic waste materials on their premises, or shall require it to be stored or handled, in such a manner so as not to promote the propagation, harborage or attraction of vectors, or the creation of a nuisance. It shall be unlawful for any person to allow solid waste to accumulate outside of an authorized waste container.
(Ord. 943-C.S., passed 2-21-23)
§ 51.18 CONTAINERS.
   (A)   Franchise collector/hauler to provide containers. The city's franchise collector/hauler will provide containers to properties subscribing to collection service. The franchise collector/hauler will provide a variety of container sizes to meet the different needs of households. It will be the duty of every property owner, tenant, lessee, or occupant of any premises to arrange for containers large enough to hold all solid waste ordinarily accumulated on the premises in one week's time. Containers must be watertight, have suitable bails or handles and a tight-fitting cover.
   (B)   Maintenance and location.
      (1)   All containers, when leaking or in a defective state, must be cleaned, repaired or replaced by the franchise collector/hauler or owner of the container.
      (2)   Individually-serviced residences. Containers must be placed for collection day such that they are easily accessible for collection as approved by the collector. Such placement should occur no earlier than 5:00 p.m. on the day prior to the scheduled collection day, nor later than 10:00 p.m. Emptied containers should be removed promptly from the curb, no later than the day following collection.
      (3)   All other occupancies. Cans, bins, bulk waste containers, and other vessels for waste storage by all other occupancies must be placed such that they are easily accessible for collection as approved by the collector.
(Ord. 943-C.S., passed 2-21-23)
§ 51.19 FREQUENCY OF COLLECTION OR REMOVAL.
   Refuse must be collected or removed as follows:
   (A)   Food stores and markets, restaurants and other commercial and industrial occupancies generating substantial quantities of solid waste will have the same removed at least two times per week.
   (B)   All other occupancies will have solid waste removed at least once a week.
   (C)   Notwithstanding divisions (A) and (B) above, every occupancy will remove and/or subscribe to a waste removal schedule as frequently as necessary to maintain sanitary, nuisance-free, vector-free, clean and aesthetic conditions on the premises.
   (D)   Said solid waste will be collected and removed pursuant to the schedules of this section except when prevented by disruptions due to strikes, severe and unusual weather conditions, or other acts of God which prevent collection, or holidays interrupting the normal seven-day collection cycle.
   (E)   Except in cases of emergency, no regularly scheduled collection will be made on Sunday.
(Ord. 943-C.S., passed 2-21-23)
§ 51.20 DELINQUENT ACCOUNTS.
   (A)   When a delinquent account is forwarded to the city by the city's franchise collector/hauler, the city will then, pursuant to the authority contained in Cal. Gov't Code § 38790.1, attempt to collect the delinquent fees in the manner described in Cal. Gov't Code § 25831.
   (B)   Late fees. Prior to forwarding a delinquent account to the city, a late fee will be applied to delinquent accounts by the city's franchise collector/hauler as an incentive to secure payment. The amount of the fee will be determined by the city's franchise collector/hauler and authorized by the City Council.
(Ord. 943-C.S., passed 2-21-23)
§ 51.21 RIGHT TO COLLECT SOLID WASTE.
   (A)   Only the city and its duly authorized agents, servants, or employees, or persons holding a permit or contract for the collection of solid waste including garbage, recyclables, and organic waste in the city, will have the right to gather and collect in the city, and it will be unlawful for any person to gather or collect the same except as provided in this chapter.
   (B)   The city may issue permits to non-profit organizations for temporary curbside or drop-off collection of recyclable materials.
   (C)   The Council hereby finds that approved methods of solid waste management, collection and disposal are essential to the preservation of the health, safety, and well-being of the public within the city.
   (D)   The Council hereby finds that the city is empowered by its Charter and by the Cal. Public Resources Code to contract for collection and disposal of solid waste under such terms prescribed by the Council through ordinance.
(Ord. 943-C.S., passed 2-21-23)
§ 51.22 UNAUTHORIZED COLLECTION PROHIBITED.
   (A)   No person, other than an authorized franchise collector/hauler, will remove solid waste, including garbage, recyclables, organic waste or bulky items/goods which have been placed in a designated collection location. Any and each such removal in violation hereof from any designated recycling collection location will constitute a separate and distinct offense.
   (B)   Any person who violates any provision of this chapter will be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney. Each removal in violation of this chapter will constitute a separate and distinct offense.
(Ord. 943-C.S., passed 2-21-23)
§ 51.23 CIVIL ACTION BY FRANCHISE COLLECTOR/HAULER.
   Nothing in this chapter will be deemed to limit the right of an authorized franchise collector/hauler to bring a civil action against any person who violates this chapter.
(Ord. 943-C.S., passed 2-21-23)
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