A. Containers- Franchise Required.
The franchised hauler is the exclusive provider of containers for the collection of C&D, Garbage, Recyclable Materials, Organic Waste and large items. This includes any and all containers placed in the public right-of-way, on City property, private property, or elsewhere in the service area, for collection of C&D, Garbage, Recyclable Materials, Organic Waste and large items and subsequent delivery to a permitted Solid Waste facility. Collection utilizing containers may be on a temporary or permanent basis, in accordance with the terms of the franchise agreement between the City and the franchised hauler. Any containers left on the public right-of-way, public property, or private property by a company or person without a contract or franchise agreement with the City to provide such services shall be deemed illegal and subject to removal pursuant to these provisions.
B. Notice to Remove.
Upon determination that a container is illegal, the owner of the container will be called and notified of such violation, if it is marked, and the owner will be given twenty-four hours to remove the container. A "Notice to Remove Container" shall be posted on the container and mailed to the owner, if the owner's address is known or easily ascertainable. If the container is unmarked and the owner is unknown, a twenty-four (24) hour posting of the notice to remove the illegal container shall be deemed sufficient notice. The notice shall be in substantially the following form:
"NOTICE IS HEREBY GIVEN pursuant to Chapter 8.24.110 of the San Bernardino Municipal Code that the City Manager, or his or her designee, has determined that this container was placed in the City of San Bernardino without the necessary contract or franchise agreement and is hereby deemed illegal and that the removal of the container is required. This container must be removed from the City of San Bernardino within twenty-four (24) hours of the date and time of this Notice. Failure to remove this container will result in the seizure of the bin by the City of San Bernardino or the franchised hauler. A hearing may be requested within fifteen (15) days of the seizure to reclaim the container. If no hearing is requested within fifteen (15) days, the container will become the property of the City of San Bernardino. The owner may waive a hearing by paying the costs for removal, storage, and disposal, if any, of the container. The total amount of costs to be paid may be obtained from the City."
C. Notice to Remove - Exemptions.
The City may waive the 24-hour notice to remove a container in the event that the owner of the illegally placed containers can be identified and the City possesses documentation of at least two (2) prior instances of issuing notices to remove and subsequent removal of containers owned by the same owner in the prior twelve (12) months.
D. Cost of Removal of Containers.
The cost of removal of and illegally placed container, including all costs for removal, storage and disposal of the container and its contents will be set by the City via Resolution. Payment of those costs will be the responsibility of the owner of the illegally placed container.
E. Removal Hearing and Appeal Process.
1. Any illegal container that has been removed by the City or franchised hauler shall be stored pending a hearing before the City Manager. Said hearing must be requested within fifteen days and scheduled within thirty days following the removal of the container.
2. The owner of the container may waive the hearing and pay the City's costs for removal, storage, and disposal of the container and claim the container. The amount of costs will be determined by the City Manager.
3. If the container is not claimed and no hearing is requested within fifteen days of removal of the container, the container will become the property of the City and the City may dispose of or use the container as the City may deem appropriate.
4. If a hearing is timely requested, the City Manager shall determine whether the owner of the container had a contract or franchise agreement with the City. If the City Manager determines that the owner of the container did not have the requisite contract or franchise agreement with the City, the City Manager may order the container returned to the owner after payment of the costs for removal, storage and disposal of the container. If the City Manager determines that the owner did have the requisite contract or franchise agreement with the City, the container shall be returned to the owner at no cost to the owner.
5. The owner of a container that is the subject of a timely hearing may appeal the City Manager's decision to the Hearing Officer within ten days of the City Manager's decision. The Hearing Officer's decision shall be final. Any person aggrieved by the decision of the Hearing Officer may obtain review of such decision by filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance with the time lines and provisions set forth in Government Code 53069.4 and Code of Civil Procedure 1094.5 and 1094.6.
(Ord. MC-1431, 11-10-16)