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(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)
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)
(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)
(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)
(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)
(A) Contract.
(1) Term. An exclusive contract for the collection and disposal of solid waste for a period not to exceed ten years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
(2) Bidding. The Council may award an exclusive contract with or without competitive bidding under the Cal. Public Resources Code for the collection of solid waste within the city.
(3) Extension of term. From time to time, the City Council, after a public hearing, may extend a contract for the collection and disposal of solid waste for successive periods of ten years each, provided that the Council finds the contractor is providing good service at competitive rates.
(4) Disposal plans. Such contract will provide that the contractor will collect and dispose the solid waste in the city in the manner provided in this chapter, and in accordance with applicable state and federal laws and regulations.
(5) Rates. The contractor will not charge any amount in excess of the rates specified by the City Council.
(6) Bond. The contractor may be required to furnish a surety bond to the city in an amount established by the City Council, conditioned upon the faithful performance of the contract and the provisions of this chapter.
(7) Sole and exclusive rights of contractor. The contractor will have the sole and exclusive right, subject to the provisions of this chapter, to collect all solid waste in the city and transport the same through the streets and public ways of the city. An exclusive right to collect all solid waste in the city will not be applicable to public entities, or to self-disposal as permitted by this chapter.
(8) Additional terms. The Council, by ordinance, will have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.
(9) Award of contract. Before the Council awards a contract, the Council will consider the following: the proposed method of collection and disposal of solid waste; the financial stability of the collector or bidder; level of service to be provided by collector or bidder to the city; rates to be charged by the collector or bidder for collection; the level of service to be provided to city-owned public facilities; and quantity and quality of equipment and assets owned by the collector or bidder to be used in collection.
(B) Collection at city-owned facilities.
(1) City buildings and facilities. The entity to whom a collection contract is awarded will collect and dispose of the solid waste produced and generated at any city-owned and operated public building or facility, including but not limited to City Hall, City Police Station, City Main Fire Station and all fire stations, Wharfinger Building, Adorni Center, Municipal Auditorium, Sequoia Park and Zoo, Ryan Memorial Building, Municipal Corporation Yard, Wastewater Treatment Plant, the Eureka Marina, Eureka Boardwalk and Fisherman's Terminal and other city-owned and operated buildings, parks or playgrounds. Collection of such solid waste will be made at least once each week or per terms of an approved franchise contract.
(2) City containers. The city will place all solid waste in containers, bins, or hoppers ready for collection by the contractor.
(3) Street solid waste containers. The contractor, at no charge to the city, not less frequently than once a week, will service street garbage and recycling containers placed and maintained by the city on any public street or sidewalk.
(Ord. 943-C.S., passed 2-21-23)
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