CHAPTER 8.04 - SOLID WASTE COLLECTION#
Footnotes: --- (2) ---
Editor's note— Ord. No. 1064B, § 5(Att. A), adopted August 22, 2023, amended Chapter 8.04 in its entirety to read as herein set out. Former Chapter 8.04, §§ 8.04.010—8.04.110, pertained to the same subject matter, and derived from Ord. 356B §§ 2—5, 7(A—H), 9, 10(part)(A—C), 1979; Ord. 431B §1(A—G), 1982; Ord. 482B §§ 1—4, 1986; Ord. 508B §§ 1, 2, 1988; Ord. 541B §1, 1990; Ord. 601B §2, 1993; Ord. 710B § 10, 2001; Ord. 781B § 1, 2005.
8.04.010 - Findings.#
The city council finds and declares:
(1) The city, its duly authorized agents or employees, shall have the exclusive right to gather and collect solid waste within the city and it is unlawful for any person, firm or corporation, except as otherwise provided in this chapter, to collect solid waste within the city.
(2) The accumulation of solid waste and construction refuse within the city is unhealthy and unsanitary.
(3) A continuing program of mandatory solid waste collection is necessary for the public health, safety and welfare.
(4) The benefit derived by each residence and business establishment from routine solid waste collection requires that each such person and establishment pay the minimum monthly service charge for solid waste collection whether or not the service is actually used.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.020 - Definitions.#
As used in this chapter, the words set out in this section shall mean as follows:
(1) "Business establishment" means a commercial or industrial enterprise, including any multiple-family dwelling unit where refuse is gathered collectively for all residents.
(2) "Collection" means the accumulation and disposal of solid waste.
(3) "Food establishment" means any restaurant, cafe, food store, food stand, food processor or other business establishment which sells, processes, manufactures or prepares food and food products.
(4) "Green waste" means grass, tree or shrub trimmings and other plant material accumulated as a result of noncommercial gardening, and fireplace ashes.
(5) "Multiple-family dwelling" means a residential building designed for and approved for occupancy by two or more families.
(6) "Person" includes any person, firm, corporation, association, public agency or other legal entity.
(7) "Residence" means any single-family or any multiple-family dwelling.
(8) "Solid waste" means all refuse, garbage, rubbish, putrescible (liable to decay or spoil or become putrid) and nonputrescible wastes, and green waste, excluding construction refuse, junk automobiles, automobile parts, appliances and contaminated matter, rock, concrete or large quantities of earth.
Solid waste includes recyclable materials, and mixed recyclables, which have been discarded by the generator thereof. Solid waste does not include:
a. Hazardous wastes or low-level radioactive waste regulated under Sections 25800 et seq. of the Health and Safety Code;
b. Medical waste which is regulated under Sections 25015 et seq. of the Health and Safety Code;
c. Abandoned vehicles and parts thereof; and
d. Recyclable materials, and mixed recyclables, which have not been discarded by the generator thereof.
(9) "Cart" means a wheeled container, most commonly sized with an approximate 96-gallon usable storage volume, capable of being hydraulically lifted and dumped and complying with the city's specifications therefor. For the purpose of this chapter, cart, will be the defined reference term, but these carts are also commonly known as garbage cans and/or toters.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.030 - Deposit or storage of refuse.#
It is unlawful for any person to deposit, store or maintain solid waste within the city except as provided in this chapter.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.040 - Mandatory collection service—Exemptions.#
(a) There is imposed a mandatory scheme of solid waste collection within the city. The owner(s) of a single-family dwelling, multiple-family dwelling or business establishment is liable for the minimum collection service charge applicable to the collection of one container per week of the type specified in Section 8.04.050, whether or not the collection service is used. If a person(s) does not use the collection service provided by the city, they must maintain their property in the same manner as though they subscribed to the service, by disposing of all solid waste not less often than if the waste were collected by the city collection service or at least weekly.
(b) No minimum charge shall be made where the premises are vacant for a period in excess of 14 days if the city receives notification of such vacancy prior to the commencement of the vacancy.
(c) A person whose residence is located such a distance from a public or private street that a substantial hardship results to that person from the requirement that solid waste be presented for collection on a mandatory basis may apply to the city council for an exemption from the mandatory provisions of this chapter. An exemption shall be granted only upon a finding by the council that the hardship to the person outweighs the public need for routine solid waste collection at the residence in question. The granting of an exemption shall not relieve the person receiving the exemption from disposing of solid waste not less often than if it were collected by the city collection service or at least weekly.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.045 - Construction refuse—Mandatory containerization and collection.#
There is imposed a mandatory scheme of construction refuse collection within the city. Any person engaged in the building or demolition of a building or structure and who produces construction refuse shall provide for the containerization and collection of the refuse in accordance with this chapter either by subscribing to the collection services provided by the city or by personally disposing of the construction refuse themselves not less often than if the construction refuse were collected or at least weekly.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.050 - Containers.#
(a) All solid waste and green waste shall be kept and presented for disposal in watertight containers as follows:
(1) Residential: Carts as deemed appropriate for being hydraulically lifted and dumped and complying with the city's specifications therefor.
(2) Business establishments. Metal or plastic containers (cans) or carts of the type specified for residential use in a number not to exceed three, or metal bins or roll-off containers (debris boxes) of a type approved by the city. The city may require that a bin, roll-off container, or automated refuse container be used even though the number of cans which would otherwise be used does not exceed three when necessary to prevent an unhealthy or unsightly condition.
(b) All construction refuse shall be kept and presented for disposal in roll-off containers of a type approved by the city.
(c) Except in areas designated as an automated refuse container area, green waste may be kept and presented for collection in reasonable condition (container) provided the waste is readily capable of being handled for collection without spillage or breakage, and provided it is properly covered where necessary to prevent the escape of odor or the attraction of flies or vermin.
(1) Green waste shall be limited to grass, tree or shrub trimmings and other plant material accumulated as a result of noncommercial gardening, fireplace ashes, leaves, prunings less than two feet long and less than two inches in diameter, Christmas trees (unflocked with pieces cut down to less than two feet long and less than two inches in diameter), and other green yardscape material that which may reasonably be handled by the equipment and manpower provided for ordinary collection.
(c) Noncontainerized waste shall be limited to that which may be reasonably handled by the equipment and manpower provided for ordinary collection. Items of extraordinary size, shape, weight, or bulk shall be disposed of by the person accumulating them.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.060 - Placement of containers.#
(a) Except as provided in subsection (b) of this section, all containers except bins and roll-off containers shall be placed within five feet of the curb or, if there is no curb, then within five feet of the edge of pavement or, if there is no pavement, then within five feet of the edge of the public or private right-of-way. No container shall be placed for collection more than 24 hours prior to the time of collection, or allowed to remain at the place of collection for more than 24 hours after collection.
(b) A person who demonstrates to the city that they have a physical impairment or disability which makes it difficult or impossible to place containers for collection in the location required by subsection (a) of this section, and that no one occupying the premises is capable of so doing, may place such containers at a location not more than 50 feet from the curb, edge of pavement or right-of-way. Alternatively, the city offers a fee-based walk-out service whereby a customer may apply to determine eligibility to pay an additional monthly cost based fee for city staff to retrieve their containers during collection pickup and then immediately return them to their original location on the private premises after collection for up to a one-year term. The walk-out service requires re-application annually to determine continued eligibility for this limited service.
(c) All bins and roll-off containers shall be placed in a convenient location, accessible to the loading apparatus used to empty them.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.070 - Solid waste—Collection schedule.#
(a) Except as provided in this section, all solid waste shall be presented for collection not less than once weekly.
(b) Where a business establishment has a bin or roll-off container which, because of the amount of solid waste generated, does not require weekly service, the bin or roll-off container may be presented for collection on any reasonable periodic basis approved by the city, provided the bin or roll-off container does not contain putrescible waste.
(c) Where necessary to prevent an unsanitary or unsightly condition, the city may require that a residence or business establishment present solid waste for collection more often than once per week.
(d) The schedule for collection of solid waste shall be as determined by the city, and solid waste shall be presented for collection on the day or days specified.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.075 - Construction refuse—Collection schedule—Prohibited waste.#
(a) Construction refuse shall be presented for collection on a periodic basis, as approved by the city, and as necessary to prevent the unsightly accumulation of containerized construction refuse on the site.
(b) Roll-off containers provided for construction refuse shall not contain putrescible waste.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.080 - Charges for collection.#
(a) Residential.
(1) Each and every householder or tenant occupying any dwelling, house, or residence, shall pay to the city, or its authorized agent, a fixed minimum charge as set forth in this section as a refuse rate. Such fixed minimum is based upon service of one refuse cart per week and service of one green waste cart every other week, irrespective of whether there is any refuse to remove from any premises.
(2) Automated container service. Each premises shall be assigned city-owned containers or "carts". Carts will be services by automated collection. All refuse must be contained within the cart(s) with the lid closed and must fall freely from the cart when dumped. Each premises shall be provided collection regularly and at least weekly.
(3) Monthly service charges—Residential. Effective October 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027, the residential charges shall be as follows:
| Residential Collection Rates | Oct. 1, 2023 | July 1, 2024 | July 1, 2025 | July 1, 2026 | July 1, 2027 |
|---|---|---|---|---|---|
| Initial 96-gallon cart | $29.36 | $33.17 | $37.46 | $38.58 | $39.73 |
| Each additional cart | $16.38 | $16.68 | $17.03 | $17.12 | $17.21 |
(b) Commercial/Non-residential.
(1) A landlord, property owner, property manager or management company of a commercial business shall pay to the city, or its authorized agent, a fixed minimum charge as set forth in this section as a refuse rate. Monthly charges will be applied to a single account per service. Such rates and fees are based upon a minimum service of one pickup per week, irrespective of whether there is any refuse to remove from any premises.
(2) A landlord, property owner, property manager or management company with multiple tenants who must share a commercial bin shall be responsible for the refuse billing of the tenants.
(3) Monthly services charges - Commercial/Non-residential. Effective October 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027, the non-residential charges shall be as follows:
| Non-Residential Collection Rates | Oct 1, 2023 | July 1, 2024 | July 1, 2025 | July 1, 2026 | July 1, 2027 |
|---|---|---|---|---|---|
| One 96-gallon cart | $32.90 | $34.79 | $36.93 | $37.48 | $38.06 |
| Two 96-gallon carts | $64.08 | $68.49 | $73.47 | $74.77 | $76.11 |
| Three 96-gallon carts | $95.25 | $102.18 | $110.02 | $112.07 | $114.17 |
| Four 96-gallon carts | $126.42 | $135.88 | $146.57 | $149.36 | $152.23 |
| Non-Residential Bin/Compactor Collection Rates | Oct 1, 2023 | July 1, 2024 | July 1, 2025 | July 1, 2026 | July 1, 2027 |
|---|---|---|---|---|---|
| Commercial Bins | |||||
| 3-Yard bin per pickup | $39.28 | $45.20 | $51.89 | $53.63 | $55.43 |
| 3-Yard bin per pickup—Weekend | $53.83 | $64.74 | $77.08 | $80.29 | $83.61 |
| 4-Yard bin per pickup | $51.67 | $59.82 | $69.03 | $71.43 | $73.91 |
| 4-Yard bin per pickup—Weekend | $66.70 | $83.11 | $101.66 | $106.49 | $111.47 |
| 5-Yard bin per pickup | $64.04 | $74.43 | $86.17 | $89.23 | $92.39 |
| 5-Yard bin per pickup—Weekend | $79.56 | $101.47 | $126.23 | $132.69 | $139.34 |
| Commercial compactors | |||||
| 2-YD Compactor | $34.88 | $44.62 | $55.61 | $58.48 | $61.43 |
| 3-YD Compactor | $61.37 | $72.65 | $85.40 | $88.73 | $92.15 |
| 3-YD Compactor (Weekend/Afterhours) | $81.86 | $95.96 | $111.89 | $116.05 | $120.33 |
| 4-YD Compactor | $81.82 | $96.87 | $113.87 | $118.30 | $122.87 |
| 6-YD Compactor | $122.73 | $145.30 | $170.80 | $177.45 | $184.30 |
| 6-YD Compactor (Weekend/Afterhours) | $150.12 | $183.31 | $220.80 | $230.58 | $240.65 |
| 20-YD Compactor | $453.50 | $537.41 | $587.72 | $600.83 | $614.34 |
| 30-YD Compactor | $680.26 | $806.12 | $881.57 | $901.25 | $921.52 |
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.085 - Delinquency.#
All fees or charges which are not paid on or before the 30th day following the date such charges were due and payable are delinquent and a penalty of ten percent of the charge shall be imposed on the 30th day following the date such charge was due and payable. In addition, a penalty of one-half of one percent per month of the basic charge plus the ten percent penalty shall be imposed on the 60th day following the date such charge was due and payable and on each 30th day thereafter until there is payment in full of the charge plus all penalties. Penalties imposed pursuant to this
8.04.090 - Delinquent fees or charges.#
Delinquent fees or charges which remain unpaid for a period of 60 or more days after the date upon which they were billed may become a special assessment or lien upon the property and may be subject to collection pursuant to the procedures set forth in this chapter. In addition, refuse service and other city utility services at the service location may be terminated for nonpayment pursuant. If a customer receives service at more than one service location and the bill for any one of that customer's accounts becomes delinquent, charges for services at all other locations may also be collected pursuant to the procedures set forth in this chapter.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.100 - Enforcement.#
The director of public works is authorized to enforce this chapter and code enforcement is authorized to issue citations in the event of a violation.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.115 - Disconnection—Authorized—Reconnection.#
The city may discontinue refuse services if charges are not paid after they have become delinquent. The city administrator shall estimate the cost to discontinue the service and the cost to reestablish service to the premises and the owner or account holders of the premises shall remit these costs before the services are reestablished.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.120 - Disconnection—Notice.#
(a) In addition to all other remedies which the city may have for the collection of delinquent refuse service charges, the city may terminate refuse service for nonpayment of an account that is delinquent for at least 60 days.
(b) At least seven business days prior to the proposed termination, the city shall give notice of the delinquency and the impending termination by telephone or written notice to the customer to whom the refuse service is billed, the address served by the refuse service, and the property owner. Notice to the property owner shall be sent to the address shown on the last equalized assessment roll of the county.
(c) Notice to customer named on the account of proposed termination shall include the city's policy on discontinuation of residential service for nonpayment, to include options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal. The notice shall include, but is not limited to, all of the following information in a clear and legible format:
(1) The customer's name and address.
(2) The amount of the delinquency.
(3) The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.
(4) A description of the process to apply for an extension of time to pay the delinquent charges.
(5) A description of the procedure to petition for bill review and appeal.
(6) A description of the procedure by which the customer may request a deferred, reduced or alternative payment, consistent with the city's policy on discontinuation of residential service for nonpayment.
(d) City policy on discontinuation of residential service for nonpayment shall be approved administratively by the city manager and shall comply with any other relevant state or federal regulations and statutes that may also apply.
(e) Any customer who has initiated an appeal or requested a hearing prior to refuse service being terminated for nonpayment shall be given an opportunity for review of such appeal by the city manager or the city manager's designated representative.
(f) The city shall not terminate refuse service during the pendency of an investigation or review of a customer appeal, dispute or complaint or prior to any hearing initiated pursuant to this section.
(g) The city manager is authorized to resolve complaints or disputes initiated pursuant to this section.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.125 - Exceptions to shutoff for nonpayment of residential service.#
(a) City shall not discontinue residential service for nonpayment if all of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the city the certification of a primary care provider, as term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the California Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of a resident of the premises where residential service is provided.
(2) The customer demonstrates that they are financially unable to pay for residential service within the city's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the city's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level.
(3) Customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906 of the California Health and Safety Code, with respect to all delinquent charges.
(b) If the conditions listed in subdivision (a) are met, the city shall offer the alternative payment options specified in the city policy on discontinuation of residential service for nonpayment.
(1) Residential service may be discontinued no sooner than 5 business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
a. The customer fails to comply with the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment for delinquent charges of 60 days or more. While undertaking the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment, the customer does not pay their residential service charges for 60 days or more.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)
8.04.130 - Reestablishing service after shutoff.#
(a) If residential service is shutoff for nonpayment, city shall provide customer with information on how to restore residential service.
(b) Refuse services discontinued because of delinquency in payment or upon the customer's request shall not be reestablished until all fees and charges, together with a service charge, have been paid. In case of delinquent payment, a cash deposit may be required by the city as a condition to reestablishment of service.
(d) For a residential customer who demonstrates to the city household income below 200 percent of the federal poverty line, the city shall do both of the following:
(1) Reconnection of service fee for reconnection during normal operating hours shall $50.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours shall be $150.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the purpose of this section, normal operating hours shall be from 8:00 a.m. to 2:00 p.m. Monday through Friday, excluding holidays. Nonoperational hours shall be all times outside of normal operating hours.
(e) City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023)