(a) General. As directed by the City Manager or designee, Contractor shall provide Residential and Commercial Service Recipients Collection Containers of sufficient number and capacity for the collection, removal and disposal of Solid Waste, Organic Waste, and Recyclable Materials. Collection Containers shall be water-tight, constructed of a material of suitable strength and durability, shall be tight-seamed, shall incorporate appropriate labelling and use of recycled content to the maximum extent possible, and shall comply with the requirements of AB 939, AB 341, AB 1826, AB 1594, SB 1016, SB 1383, and any other applicable law.
(b) Commercial Collection Containers. Contractor shall provide Collection Containers to occupants of Commercial Premises which are constructed of metal or heavy plastic, watertight and of sufficient strength to prevent the container from being broken under ordinary conditions of use and possess a fly-tight lid (Bins and Carts only) constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odor. Collection Containers shall be constructed of noncombustible material and provided with a noncombustible metal or plastic lid and approved by the Fire Department or its representative as providing adequate protection against fire hazard. At request of the Service Recipient, Contractor shall provide a container locking mechanism at rates established by the City Council.
(c) Collection Containers placed on private property shall not require a City Encroachment Permit as described in the City's Municipal Code. Collection Containers placed in the public right-of-way shall require an Encroachment Permit and be restricted to the following:
(1) Collection Containers may only be placed where vehicles can legally park.
(2) Placement is restricted to any location on the street right-of-way that has a slope less than seven percent (7%).
(3) Collection Containers shall be identified by Contractor's name and phone number on at least two (2) sides. Identification shall be visible from the street in letters a minimum of two inches (2") in height.
(4) Collection Containers shall be adequately reflectorized with a minimum of ten square inches of plastic or reflective sheeting on each corner at a height between 15" and 60 inches from the ground.
(5) Collection Containers shall only be placed at locations permissible by this Chapter and with approval of the Service Recipient requesting said service.
(6) Collection Containers shall be left in residential areas no more than 30 consecutive days per calendar year at a single location unless a time extension is granted by City Manager or designee, or unless it is for the purpose of a Construction and Demolition project with an active City building and/or grading permit in which case it may be left until construction activities have been completed and/or a certificate of occupancy has been issued by the City.
(d) Maintenance. Contractor shall maintain all Collection Containers on a regular basis so as to be functional and present a clean appearance. Within five (5) work days of being notified of the existence of graffiti, Contractor shall arrange for removal, weekends and Holidays excepted.
(e) Commercial Container replacement. Exclusive Franchise Contractor shall repair or replace, at no additional cost to Service Recipient, damaged Commercial Collection Containers, and/or Waste Enclosures including gates which are damaged as a result of service provided by Contractor for regular Solid Waste service. Exclusive Franchise Contractor shall remove and/or replace within five (5) work days of written notice from the City Manager or designee, weekends and Holidays excepted, any Collection Container which has been determined to be unsatisfactory for service by the City Manager or designee, at no cost to the Service Recipient. If such removal is not accomplished within five (5) work days of written notice, weekends and Holidays excepted, the Contractor further agrees the City Manager or designee may remove and dispose of said Collection Container and the cost of same shall be reimbursed to the City by the Contractor, less any salvage value received.
(f) Signage. All Collection Containers shall be labeled with adequate signage describing acceptable materials and the unacceptability of hazardous waste and contaminants (in the case of Recycling and Organics Collection Containers). Container size, color, design and construction content shall be approved by the City Manager or designee and shall comply with the requirements of AB 341, SB 1383, and any other Applicable Law.
(Ord. 1688-NS, eff. December 17, 2021)