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(A) Whenever compliance with the provisions of this article is required of any person, such requirement shall include compliance with all regulations issued by the city manager or designee pursuant to this article.
(B) Waivers and exemptions.
(1) Waivers. Pursuant to 14 CCR Section 18984.11 and the SB 1383 regulations, which allow the city, at their option, to grant waivers to waste generators for physical space limitations, de minimis volumes, and/or collection frequency waivers.
(2) De minimis waivers. The city may waive a commercial business’ obligation (including any/all multi-family residential dwellings) to comply with some or all of the waste collection requirements of this article if that entity provides documentation that the waste generated is below a certain amount as described in (B)(3)(a) below. Commercial businesses requesting a de minimis waiver shall:
(a) Submit an application specifying the services for which they are requesting a waiver and provide documentation as noted below.
(b) Provide written and photographic documentation that either:
1. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green or yellow container comprises less than 20 gallons per week per applicable container of the business’ total waste; or
2. The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green or yellow container comprises less than ten gallons per week per applicable container of the business’ total waste.
(c) Notify the city if circumstances change such that commercial business’s organic material generation exceeds the threshold required for such a waiver, in which case the waiver will be rescinded.
(d) Upon receipt of such a waiver, provide written verification of eligibility for de minimis waiver every five years.
(3) Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including all multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the city has evidence from its own staff, a hauler, a licensed architect, or a licensed engineer, demonstrating that the premises lack adequate space and/or approved waste enclosure for the collection containers required for compliance.
(a) A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide written and photographic documentation that the premises lack adequate space for the city’s required three or two bin commercial collection services per State law, including documentation from its hauler, licensed architect, or licensed engineer.
3. Upon receipt of such a waiver, provide written verification to the city that it is still eligible for a physical space waiver every five years.
4. New occupants to existing multi-tenant commercial buildings are subject to provisions in section 19-180 of this article.
(Ord. No. 3007)
DIVISION 2. REMOVAL AND DISPOSAL OF SOLID WASTE
(A) No owner, occupant, or person in control of private property shall deposit, store or cause or permit to be deposited or stored any solid waste or non-containerized debris on such property so that such solid waste could or does attract rodents or pests and create a health hazard. “Rodent,” as used in this subsection, means rats, mice, gophers, and squirrels. “Pest,” as used in this subsection, includes any animal or insect not under human control, which is offensive to the senses or interferes with the comfortable enjoyment of life, including but not limited to roaches, mosquitoes, and flies.
(B) Every owner, occupant or person in control of private property shall properly store and maintain accumulations of solid waste so that they are not carried or deposited by the elements on any public right of way or public place, or on the private property of another.
(C) Single-family generators shall comply with the following requirements:
(1) Shall subscribe to the city’s two or three container collection services for all refuse (trash), recycling, and organic materials generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(3) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(4) Single-family generators shall adjust their service level for collection services as requested by the city.
(5) Generators may additionally manage their organic material by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(6) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(7) Allow access for the city or its designated agent to perform periodic inspection of collection containers.
(D) Multi-family generators shall comply with the following requirements:
(1) Shall subscribe to the city’s three or two container collection services for all refuse (trash), recycling and organic materials generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(a) Inspect the third party hauling company’s bins; and/or
(b) Receive an annual report of types of materials, volumes, and frequency being managed by the third party hauling company.
(c) Provide a refundable deposit in amount not to exceed $5,000.
(4) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(5) Multi-family generators shall adjust the service level for their collection services as requested by the city.
(6) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees, contractors, or tenants from placing materials in a container not designated for those materials per the city’s three container collection service or, if self-hauling, per the requirements section 19-190.
(7) Generators may choose to manage their organic waste by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(8) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(9) Allow access for the city or its designated agent to perform periodic inspection of collection containers and/or enclosures.
(10) Provide education information before, or within 14 days of, occupation of the premises by new tenants that describes requirements to keep source separated organic and recyclable materials separate from solid waste (when applicable), maintaining the security of the containers to prevent illegal access, the location of containers, and the rules governing their use at each property.
(E) Commercial businesses shall comply with the following requirements:
(1) Shall subscribe to the city’s three or two container collection services for all refuse (trash), recycling and organic wastes generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(a) Inspect the third party hauling company’s bins; and/or
(b) Receive an annual report of types of materials, volumes, and frequency being managed by the third party hauling company.
(c) Provide a refundable deposit in amount not to exceed $5,000.
(4) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(5) Commercial business generators shall adjust the service level for their collection services as requested by the city.
(6) To the extent practical through education, training, inspection, and/or other measures, prohibit employees, contractors, or tenants from placing materials in a container not designated for those materials per the city’s three or two container collection services or, if self-hauling, per the requirements section 19-190 of this article.
(7) Generators may choose to manage their organic materials by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(8) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(9) Annually provide information to employees, contractors, tenants, and customers about edible food and organic materials recovery requirements and about proper sorting of source separated organic and recyclable materials.
(10) Provide education information before, or within 14 days of, occupation of the premises by new tenants that describes requirements to keep source separated organic and recyclable materials separate from solid waste (when applicable), maintaining the security of the containers to prevent illegal access, the location of containers, and the rules governing their use at each property.
(11) Provide or arrange access for the city, or its agent, to their properties during all inspections conducted in accordance with this code to confirm compliance with the requirements of this article.
(12) Provide customers with recycling and organics collection containers to collect material purchased on the premises that is located adjacent to the designated container for trash, except in restrooms.
(13) Ensure that the containers are visible and easily accessible, clearly marked with educational signage.
(14) Full-service restaurants are exempt from this requirement if the full-service restaurant provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
(15) Shall develop model signage that businesses may utilize in implementing such waste diversion requirements.
(16) A property owner of a multifamily residential dwelling with common areas shall also provide recycling and organics collection containers located adjacent to refuse (trash) containers.
(F) All commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed of.
(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Generators may choose to manage their organic materials by preventing, reducing, or managing organic materials on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(6) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address, and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that food will be collected or self-hauled.
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(G) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Cal. Education Code, Title 2, Division 4, Part 27, Chapter 9, and to amend Cal. Health and Safety Code, Section 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(H) Venue or event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at venues or events to comply with the requirements of this section.
(Ord. No. 3007)
No person shall deposit or cause or permit to be deposited, any solid waste on any public right-of-way, or on any property owned or leased by the city, except in receptacles or areas specifically designated waste enclosures and/or containers or provided for that purpose.
(Ord. No. 3007)
(A) The city manager, public works director or designee shall give written notice to persons determined to be in violation of this article to remove and properly dispose of the solid waste. Such notice shall be prominently posted on the private property on which the accumulation exists, or shall be personally served on or sent by certified mail to the owner, occupant or person in control of the private property on which the accumulation exists, or shall be personally served on or sent by certified mail to the person who deposited or caused or permitted to be deposited solid waste on public property.
(B) The notice shall require that the solid waste be removed within three days of receipt of the notice or that the person addressed make alternate arrangements with the city manager, and shall state that if the solid waste is not removed, the city will remove and properly disposed of the solid waste and the person addressed will be billed for the cost thereof.
(C) Before the time set for the removal of the solid waste by the city, the person addressed in the notice may file with the city clerk a written request for review by the city council of the contemplated city action, which request shall operate to delay the city in removing the solid waste from private property and assessing the costs of removal, but shall not prevent removal of solid waste from public property.
(D) If a person or property has received the notice set forth in subsection (A) above, for violations on three or more different dates, the city manager or his/her designee may immediately increase service levels to the property and bill the property owner or occupant for the costs of such increased service levels until such time as the city manager, or his/her designee, deem that the increased service levels are no longer warranted. The property owner or occupant may submit a request, along with documentation to support the request, for a reduction in service level and such may be granted if the city manager, or his/her designee, upon finding that the need for increased service levels are no longer necessary.
(Ord. No. 3007)
The city manager or designee may cause solid waste deposited in violation of this article to be removed and properly disposed of upon failure, neglect or refusal of the person so notified to properly dispose of such solid waste within three days after receipt of written notice as provided in section 19-162, or within five days after the date a notice is returned to the solid waste division because of inability to make delivery thereof; provided, that the same was properly addressed to the last known address of the owner, occupant or person in control of the private property on which the accumulation exists, or of the person who deposited solid waste on public property.
(Ord. No. 3007)
When the city has so affected the removal of solid waste, the person notified pursuant to section 19-162 shall be personally liable to the city for a charge for removal and disposal. The city may add the charge to the solid waste bill of such person(s) or take other action to collect the charge. Any action described in this article taken by the city to remove and dispose of solid waste shall not bar criminal prosecution for violation of this article or preclude civil suit to collect amounts due.
(Ord. No. 3007)
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