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The following provisions apply to curbside or alley recyclable materials collection:
(A) No person shall place, or cause to be placed for collection, any solid waste, recyclable or organic materials, at any place, at any time or in any manner other than as provided in this article or regulations established thereto.
(1) No person shall place, or cause to be placed for collection, any solid waste, recyclable or organic materials at any time other than on the days established pursuant to this article or regulations established thereto.
(2) Collection containers shall be placed for collection by the time designated by resolution of the city council, or at any time within 12 hours prior to the designated collection time. No person shall permit collection containers of any solid waste, recyclable, or organic materials to remain at such locations after the designated collection day.
(3) Each collection container shall be returned to a location where the same is permitted to be stored pursuant to the provisions of this code or regulations issued pursuant thereto.
(B) Any collection container or any solid waste, recyclable or organic materials to be placed for collection on the lot where generated adjacent to a street, shall be placed as close as practicable to the curb line or right-of-way line of the street.
(C) No collection container or any solid waste, recyclable or organic materials shall be placed within the limits of any street or alley within the city, unless by direction of the city manager.
(Ord. No. 3007)
Title to recyclable materials shall be deemed for all purposes to be vested in the city as of the time the materials are placed in the collection location with the intent that they be collected for recycling by the persons identified in section 19-190.
(Ord. No. 3007)
(A) All commercial businesses and multi-family dwellings of five units or more that generate more than four cubic yards of solid waste per week are required to subscribe to recycling collection services.
(B) Commercial businesses and multi-family dwellings of five units or more may choose to contract with a third party hauling company that is authorized to provide recycling collection services within the city, self or back-haul recyclable materials pursuant to section 19-175(D).
(C) Notwithstanding the foregoing, there is nothing in this article that prevents generators to choose to manage their recyclable and organic materials by preventing, reducing, reusing materials on site, and/or using a certified recycling center pursuant to 14 CCR Section 18984.9(c).
(D) All commercial businesses and multi-family dwellings of five units or more that generate more than two cubic yards of solid waste per week are required to subscribe to organics collection services pursuant to section 19-160(D), (E).
(Ord. No. 3007)
DIVISION 5.
EXCLUDED WASTES, INCLUDING HAZARDOUS MATERIALS
(A) Pursuant to Cal. Health and Safety Code, Division 20, Chapter 6.7, Section 25283 and Cal. Health and Safety Code, Division 20, Chapter 6.11, Section 25404.1, the city assumes or has previously assumed responsibility for the implementation within the Cal. Gov’t Code, Title 23, Division 3, Chapters 16 and 18, pertaining to underground storage of hazardous substances, and Cal. Health and Safety Code, Division 20, Chapter 6.75, pertaining to underground petroleum storage tank cleanup, to the extent that such regulations and statutes authorize such action by the city.
(B) The city council designates the city’s certified unified program agency program (CUPA Program) as responsible for administering and enforcing said regulations and statutes on behalf of the city. The CUPA Program may adopt regulations to implement this division.
(C) Pursuant to Cal. Health and Safety Code, Sections 25280 et seq., and Cal. Gov’t Code, Title 23, Division 3, Chapter 16, the CUPA Program shall issue, renew, revoke and modify permits to operate underground storage tanks.
(D) Pursuant to Cal. Health and Safety Code, Sections 25299.10 et seq. and Cal. Gov’t Code, Title 23, Division 3, Chapter 18, the CUPA Program shall require correction action with regard to underground storage tanks and releases therefrom, including the preparation of a work plan, and shall perform, monitor or oversee corrective action as directed by the State Water Resources Control Board or the regional water quality control board.
(E) The CUPA Program shall charge, for services provided under this division, the fees adopted therefore by resolution of the city council.
(Ord. No. 3007)
DIVISION 6. ENFORCEMENT
(A) Violation of any provision of this article shall be punishable as set forth in section 1-10 of this code. Furthermore, violations of this article shall constitute a public nuisance and may be abated as set forth in article 1 of chapter 7 of this code. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exists such that court action is a reasonable use of city staff and resources.
(B) Enforcement pursuant to this article may be undertaken by the city manager or their designee, legal counsel, or combination thereof.
(C) Process for enforcement.
(1) The city manager or their designee will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
(2) For incidences of prohibited container contaminants found in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within seven days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three consecutive occasion(s), the jurisdiction may assess contamination processing fees or contamination penalties on the generator.
(3) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the jurisdiction or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(D) The city may extend the compliance deadlines set forth in a notice of violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of god such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or
(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(E) Education period for non-compliance.
(1) Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this article and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(2) Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action, as needed.
(Ord. No. 3007)
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