8.08.050   Obligations of residential occupants and property owners.
   A.   Mandatory Service.  Subject to any exceptions that may be stated in a duly-adopted franchise contract, the owner of each single-family dwelling unit, multi-family dwelling unit, commercial unit and industrial unit where municipal solid waste is produced shall subscribe to refuse collection service with the city or its contractor.  The owner of such property is responsible for assuring that refuse containers are provided with adequate capacity for the amount of municipal solid waste being produced on such premises between service days.  Premises which have been unoccupied by any human habitation and upon which no refuse has been produced or accumulated for three consecutive months may be exempted from mandatory service until such premises become occupied, provided the owner obtains an approved application for such exemption from the city.
   B.   Customers Shall Use Proper Containers.  Each customer shall deposit all recyclable materials in their designated recyclable container, if applicable, and all household refuse in the household refuse container or dumpster.  No other containers, including cardboard barrels or cardboard boxes, shall be used.  The combined weight of each container and its contents shall not exceed one hundred fifty pounds.
   C.   Time for Setting Containers at Curb for Collection.  When household refuse containers are placed for collection, they shall be placed immediately adjacent to the curb within the street or alley.  Such containers shall be placed for collection so that the lids of the household refuse containers open towards the street, and shall not be placed within two feet of any obstruction.  Household refuse containers shall not be set out for collection any earlier than seven p.m. on the day before the scheduled collection pickup and must be returned to an out-of-view location by eight p.m. the day the collection is made.  When household refuse containers are not placed for collection, they shall be stored so as to not be visible from any public street or right-of-way. 
   Commercial/industrial and multi-family dumpsters shall be located in such a manner as to reasonably shield public visibility of the dumpster and reasonably minimize public exposure to odors that may emanate from the dumpster.
   D.   Manner of Placing Green Waste for Collection.  Unless diverted from disposal through a duly-adopted composting program, branches of trees, hedges, grass and hedge clippings and other green waste shall be cut in lengths small enough for ease of disposal in the customer's regular household refuse container or dumpster.  Tree stumps and limbs greater than three  inches in diameter, unless they are reduced to a chipped form, shall be considered bulky waste rather than green waste. 
   E.   Disposal of Accumulated Debris.  Every person occupying or having charge or control of any premises in the city, at least once in each calendar month, shall collect and dispose of all refuse, such as discarded automobile bodies and similar heavy or bulky objects, and all other waste which may have accumulated on the premises.
   F.   Occupant's Duty to Keep Streets and Alleys Clear.  The occupant, tenant, owner, lessee or proprietor of any real property in this city abutting on a public alley, street or right-of-way, shall keep all shrubbery on the property trimmed or wired so as to 
   1.   Keep the space along the alley, street or right-of-way clear of branches and foliage and
   2.   Keep the space along the alley, street or right-of-way clear of refuse, recyclable materials, waste containers or any other accumulation of items so as not to interfere with public access and travel on, over or across the alley, street or right-of-way. 
   G.   Storage of Recyclable Materials.  The owners and occupants of premises may store certain recyclable materials (limited to cans, bottles and cardboard) for purposes of holding the materials for recycling at a later date subject to the following restrictions: 
   1.   Such recyclable materials must be held in a leak-proof rubbish can or container stored out-of-view from any public street or right-of-way, and
   2.   Such recyclable materials must be stored indoors or otherwise held in a manner that does not expose neighboring properties and citizens to unsightly or odiferous conditions, pest infestation or conditions that otherwise constitute a nuisance. 
   H.   Special Pickups.  Subject to the terms of a duly adopted franchise agreement, both residential and commercial/industrial customers may request the contractor to provide special pickups of oversized or bulky waste items which are not appropriate for standard waste collection containers.  The contractor shall be under no obligation to provide a special pickup for items too large, bulky or heavy for the contractor's waste removal equipment to effectively transport and dispose of.
   I.   Damage to Waste Containers or Receptacles.  In the event unusual damage occurs to a dumpster, household refuse container or other waste receptacle due to the negligence of a waste disposal customer, the contractor may negotiate with the individual customer with respect to compensation for unusual damage to containers, dumpsters or other waste receptacles.  No such fee shall be final until approved by the director of public works.
   J.   Organic Waste Recycling. Organic waste generators shall comply with the requirements in Chapter 12.9 of Part 3 of Division 30 of the California Public Resources Code (Section 42649.8 et seq.) regarding organic waste recycling. The city shall provide notice to any organic waste generator that fails to comply with this subsection.
(Ord. 2018-11-1503 § 3: Ord. 2010-05-1415 § 7: Ord. 98-01-1229 § 1 (part): Ord. 90-11-1082 § 5)