(A) It is unlawful for any person to commercially collect solid waste or recyclables in the unincorporated area of the county unless the person has been granted a franchise to collect solid waste or recyclables by the County of San Benito, or unless the person is exempt from the franchise requirement.
(B) (1) Mandatory collection area, collection required.
(a) The exclusive franchise collector shall collect all solid waste generated from all residential, commercial and industrial properties in the unincorporated county as designated on Exhibit A and all residential, commercial and industrial property as designated in any resolution of the Board of Supervisors establishing mandatory residential, commercial and industrial collection services regardless of whether or not these services were requested by the affected property owner or tenant.
(b) All residential county service areas consisting of ten lots or more, now in effect and which shall become in effect, shall be designated mandatory solid waste and recycling collection areas.
(2) Payment. Residential property owners and/or tenants and owners of commercial and industrial businesses subject to the mandatory collection area requirements pursuant to divisions (B)(1)(a) and (h) of this section shall pay the rates as established in the franchise agreement, then in effect.
(3) Exemptions. Mandatory solid waste collection shall not apply to those premises in mandatory collection areas which meet one of the criteria specified in this division if the exemption has been applied for by the owner or the exclusive franchise collector and granted by the county’s Health Officer or his or her designated representative. The Health Officer shall cause periodic inspections of the premises to be made and if it is found that solid waste is present or that the property no longer qualifies for an exemption, the regular solid waste collection shall be resumed forthwith at the expense of the property owner.
(a) The property is undeveloped or is vacant;
(b) All solid waste generated on the premises is recycled or composted; and
(c) Residential properties with long, narrow or steep driveways in instances where the exclusive franchise collector, in the opinion of the Health Officer, is unable to properly and safely utilize the collector’s equipment when granting such an exemption does not create a nuisance for other residences.
(d) Residents and businesses in a mandatory service area may opt-out of collection and disposal services and the obligation to pay provided they can provide proof/documentation that they are disposing of their refuse in a legally permitted facility, recycling and/or composting.
(C) (1) Voluntary collection area, collection not required.
(a) The exclusive franchise collector shall collect all solid waste generated from all residential, commercial land industrial properties in the unincorporated county as designated on Exhibit A and all residential, commercial and industrial properties designated in any resolution of the Board of Supervisors establishing voluntary collection services if the services are requested by the affected property owner, tenant or business owner. If so requested, all solid waste shall be collected from the residence or business as designated pursuant to this division at least once a week.
(b) Exhibit A shall be amended to include page 1037 of Thomas Brother Guide Maps, Edition 2002, Metropolitan Monterey Bay.
(2) Payment. Residential property owners and/or tenants and owners of commercial and industrial businesses subject to the voluntary collection area requirements pursuant to divisions (C)(1) of this section shall pay the rates as established in the franchise agreement, then in effect.
(D) Discretionary collection shall occur in those areas in the unincorporated area of the county not designated on Exhibit A as either mandatory or voluntary collection areas. Solid waste collection which does occur in the discretionary area shall be conducted in a manner which is in compliance with all applicable regulations.
(1966 Code, § 25-13) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 749, § 3; Ord. 776, § 4; Ord. 834, § 2)