Loading...
(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)
(A) All equipment and containers used for the collection and hauling of solid waste will be so constructed and maintained as to prevent leakage, spillage, or overflow. All trucks and equipment will be clearly identified by an assigned equipment number and with the licensee's name and local telephone number affixed thereto.
(B) All collection vehicles will be well maintained, painted, clean and in satisfactory mechanical condition.
(C) For servicing large, bulky, dry loads, an open steel truck bed may be used provided adequate canvas or other covers are applied to restrict any loss of debris.
(Ord. 943-C.S., passed 2-21-23)
(A) City representatives and/or its designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection.
(B) Regulated entity must provide or arrange for access during all inspections (with the exception of residential property interiors) and must cooperate with the city's designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this chapter and may result in penalties.
(C) Any records obtained by city or its designee during its inspections will be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov't Code §§ 6250 et seq.
(D) The city and/or designee are authorized to conduct any inspections as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(E) The city and/or designee will receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
(Ord. 943-C.S., passed 2-21-23)
Loading...