HomeMy WebLinkAboutOrdinance #3801 ORDINANCE NO. 3801
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO REFUSE MANAGEMENT
WHEREAS,the State of California has adopted the California Integrated Waste
Management Act of 1989 (Public Resources Code §40000, et seq.) (the"Act"); and
The Act provides that the City may determine the aspects of solid waste collection and
the collection of recyclables which are of local concern, including, but not limited to, frequency
of collection, means of collection and transportation, level of service, charges and fees, and
nature, locations, and extent of providing solid waste handling and recycling services; and
The Act provides that the City may determine whether such services are to be provided
pursuant to a partially exclusive or wholly exclusive franchise; and
The City has approved automated residential collection and recycling methods which
have been implemented throughout the City; and
Refuse containers which have not been properly and timely placed for collection in
accordance with the automated collection and recycling methods may remain uncollected,
leading to possible health hazards, unsanitary conditions, and an accumulation of litter; and
Establishing adequate requirements for containing, placing and collecting refuse in
accordance with the automated collection and recycling methods will substantially resolve
potential health hazards and visual blight associated with uncollected containers; and
There is an increasing problem of non-franchised haulers repeatedly operating in the City
in violation of the wholly exclusive franchise; and
Establishing regulations for the removal of non-franchised containers will substantially
resolve the problem with repeat violators,
NOW THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. Chapter 8.21 of the Huntington Beach Municipal Code, entitled Refuse
Management, is hereby amended to read as follows:
Chapter 8.21
REFUSE MANAGEMENT
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Sections:
8.21.010 Definitions
8.21.020 Collection of Refuse,Recyclable Waste Material, and Yard Waste
8.21.030 Residential Collection service charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse
8.21.100 Containers--location
8.21.110 Container--interference
8.21.120 Container--improper substances
8.21.130 Container—removal
8.21.140 Collection--manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections--excluded Refuse
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21.220 Unauthorized collection prohibited
8.21.230 Violation--penalty
8.21.010 Definitions. The following definitions shall apply in the interpretation and enforcement
of these regulations:
(a)"Adequate Service" means the combination of the number of collections,the number of
Containers, and the size of Containers necessary so as not to cause the accumulation of Refuse
outside Containers or in excess of Level Full.
(b) "Automated Residential Collection Service" means the Residential Collection Service by the
City Refuse Collector,whereby Refuse,Recyclable Waste Materials, and Yard Waste are
generally sorted into separate Residential Carts by the person discarding such items.
(c) "Basic Level of Service" means, with respect to Residential Collection Service and
Automated Residential Collection Service, one collection of each Residential Cart per week, or
that level of Collection and disposal service necessary to provide Adequate Service for the
collection of Refuse generated by each single family residence, and each dwelling unit within a
duplex, a triplex, or a fourplex, as specifically provided in any given contract between the City
and any person for collection of such Refuse, or as provided by resolution of the City Council.
Basic Level of Service does not include Refuse or substances excluded from collection by
regulation of the Director or by contract, as hereinafter provided, Refuse capable thereof which
has not been placed in Residential Carts within the weight and size limits hereinafter set forth for
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Residential Carts. Basic Level of Service,with respect to Commercial Collection Service,means
that level of collection and disposal service necessary to provide Adequate Service.
(d) "City Refuse Collector" means any Person either employed by or under contract with the City
to provide removal, transportation, processing, and disposition of Refuse from residents and
users of premises within the City.
(e) "Collection" means the pickup,removal, and transportation of Refuse by any Person
authorized to do so by the City.
(f) "Commercial Collection Service" means the collection of Refuse from all property within the
City excluded from Residential Collection Service, or properties subject to Residential
Collection Service which choose to utilize Commercial Collection Service.
(g)"Commercial Container"means any vessel,tank,receptacle, dumpster,box or bin used or
intended to be used for the purpose of holding any Refuse, Recyclable Material, and Recyclable
Waste Material. Commercial Containers utilized in Commercial Collection Service include all
types of Containers, including dumpsters or bins.
(h) "Corporation"means corporations,partnerships, and all business enterprises, associations or
organizations,however designed.
(i) "Director" means the Huntington Beach Director of Public Works or his authorized
representative.
0) "Hazardous Waste"means a waste, or combination of wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may a) cause, or significantly
contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or b)pose a substantial present or potential hazard to human health or
environment when improperly treated, stored,transported, or disposed of, or otherwise managed.
(k) "Level Full"means the amount of Refuse deposited in a Residential Cart or Commercial
Container so that it shall not exceed the lowest top edge thereof and still allow the lid thereof to
be completely closed.
(1) "Non-combustible Refuse" means ashes, bottles,broken crockery, glass,tin cans and metallic
substances or any other substances that will not incinerate through contact with flames of
ordinary temperature.
(m) "Person" means any individual, firm, governmental unit, organization,partnership,
corporation, company or other entity.
(n) "Processing" means reduction, separation, recovery, conversion or recycling of Refuse.
(o) "Recyclable Material" means materials which are segregated at the source from other Refuse
for the purpose of Recycling and includes, but is not limited to,paper, glass, metals, wood,
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plastics, wastes, bulky goods, waste oil, and construction and demolition materials and which is
sold or donated by the owner thereof to a third party.
(p) "Recyclable Material Collection"means the collection, transportation, storage,transfer, or
processing of Recyclable Materials.
(q)"Recyclable Waste Material"means discarded materials such as,but not limited to,
newspapers, glass and metal cans, which are separated from other Refuse for the purpose of
Recycling and which are not sold or donated to a third party.
(r) "Recyclable Waste Material Collecting"means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material.
(s) "Recycling"means the process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise be disposed of by landfilling or transformation, and returning
materials to the economic mainstream in the form of raw material for new, reused, or
reconstituted products.
(t) "Refuse" means all putrescible and non-putrescible solid, and semisolid wastes, including
garbage,trash,refuse,paper, rubbish, ashes, industrial wastes, demolition and construction
wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semi-
solid wastes, and other discarded solid or semi-solid wastes, but not including Hazardous Waste,
radioactive waste regulated pursuant to the State Radiation Control Law,untreated medical
waste regulated pursuant to the State Medical Waste Management Act, and liquid waste.
Recyclable Waste Material is considered Refuse for purposes of this Chapter. Materials that are
sold or donated by the owner thereof to a third party, and thereafter recycled, are not considered
Refuse for purposes of this Chapter. The term"Refuse" shall be synonymous with the term
"solid waste" as used in the Integrated Waste Management Act, Public Resources Code §40000,
et seq.
(u) "Refuse Collection"means the collection,transportation, storage, transfer, disposal, or
processing of Refuse.
(v) "Residential Collection Service"means the collection of Refuse from each single-family
residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving
noncommercial Refuse Collection Service. It shall not include any hotel,motel, lodge,hall, club,
tourist camp, trailer camp, mobilehome park, church, guard shack, poolhouse, community room,
business or industrial establishment, or any lot containing more than four dwelling units.
(w) "Residential Cart" means a container having a capacity not to exceed ninety-five (95) gallons
and furnished or supplied by the City Refuse Collector for use in the Automated Residential
Collection Service. Residential Carts shall be colored brown for Refuse,blue for Recyclable
Waste Material, and green for Yard Waste.
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(x) "Yard Waste"means those constituents of solid waste comprised of non-soil landscape or
plant materials such as tree trimmings, grass cuttings,plants, weeds, leaves, branches, trees, or
similar materials.
8.21.020 Collection of Refuse, Recyclable Waste Material, and Yard Waste.
(a)The collection of Refuse, Recyclable Waste Material and Yard Waste shall be performed
exclusively by the City Refuse Collector. The City Council may regulate, by ordinance or
resolution, all aspects of the Residential Refuse Service and the Commercial Refuse Service,
including, but not limited to, frequency of collection,means of collection and transportation,
level of services, charges, fees, and nature, location, and extent of providing such Services.
(b)Any other provision of this Code to the contrary notwithstanding,the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing such
procurement procedures and upon such terms and conditions as are deemed appropriate by the
City Council.
(c) In the event of an emergency or other unforeseen or unpreventable circumstances in which
the City Refuse Collector is unable to maintain Refuse Collection Services, the City
Administrator may issue limited or temporary permits for a period not to exceed thirty(30)days
to persons or corporations to perform any of the services covered by this Chapter. Any service
beyond thirty(30) days shall be approved by the City Council.
8.21.030 Residential Collection service charge. There shall be a charge for Residential
Collection Service which maximum rates shall be established from time to time by resolution of
the City Council. Such charge shall be set by the City Refuse Collector and shall apply to
persons occupying single-family dwellings, and each dwelling unit within a duplex, a triplex or a
fourplex. A dwelling shall be deemed occupied if connected to an active water service. This
charge shall not apply to persons occupying residential units such as apartments, mobilehome
parks, or other multi-family complexes,who are currently contracting directly with the City
Refuse Collector.
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
pay 50% of the charge imposed by this section provided the combined adjusted gross income, as
used for federal income tax reporting purposes of all members of the household in which such
service user resides does not exceed the "HUD Income Guidelines—Very Low Income
Category"currently on file in the City's Department of Economic Development, for the calendar
year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this
chapter is applied.
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep,throw, discard or leave any Refuse or cause such Refuse to be cast, deposited,
swept,placed,thrown, discarded or left in any place, public or private, within the City, without
the express permission of the owner of the premises.
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8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
any Refuse, sewer effluent, excrement, slop or stagnant water,butcher offal, market refuse, dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive, to be deposited or to remain thereon except as otherwise provided by law.
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to the
City for the enforcement of any provision of this Chapter.
8.21.070 Accumulation prohibited. No person occupying, using or controlling any premises shall
permit any Refuse to accumulate thereon,nor shall any such person maintain any accumulation
of Refuse thereon, unless in either event the same is stored in a manner approved by the Director
or by law. It shall be unlawful for any person to dump, deposit,place or bury Refuse in or upon
any lot, land, street, or alley, whether public or private, nor throw such Refuse in any creek,
stream, water or water way within the City. Any unauthorized accumulation of Refuse on any
premises is hereby prohibited and declared to be a nuisance.
8.21.080 Storage.
(a) Refuse shall be stored in a container of a type approved by the Director. Every such container
shall be constructed of metal, plastic, or equally durable material, in such manner as to be strong,
watertight, not easily corrodible, insect and rodent resistant, and shall be kept covered at all
times,except when Refuse is being deposited or removed from such container. Persons in charge
of residential properties served by the City Refuse Collector's Automated Residential Collection
Service shall separate all Refuse, Recyclable Waste Material, and Yard Waste into the
appropriate Residential Cart prior to collection by the City Refuse Collector. Residential Carts
shall be kept in a Level Full condition. The cover shall completely close the Residential Cart so
that no Refuse may be visible. Commercial Containers shall be kept in a Level Full condition.
The cover shall completely and tightly close the container so as to render it fly and rodent proof
and so that no Refuse may be visible. A sufficient number of containers shall be provided for the
Basic Level of Service, in order to insure that all Refuse is contained within completely covered
containers until such time as the Refuse is collected.
(b)Refuse shall be stored in such a manner that it will not provide harborage to rats, nor cause a
fire hazard.
8.21.090 Containers and transportation of Refuse. No Person other than the City Refuse
Collector shall transport Refuse or Recyclable Waste Material in the City of Huntington Beach
on behalf of another person in exchange for compensation. All vehicles and containers used in
collecting and transporting Refuse or Recyclable Material shall be provided with metal or plastic
bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss,
spillage or blowing away of any contents collected or transported within the City. Such vehicles
and containers shall be thoroughly cleaned to eliminate odors and decayed materials.
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8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Carts and any accumulation of Refuse which is for collection, and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 p.m. on the
day of collection. During the period of collection, Residential Carts and any accumulation of
Refuse shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless
otherwise directed by the Director:
(a) On alley. On the premises, at the rear property line, where there is a through alley in the rear
of the premises;
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists;
(c) At curb. At the curb in front of the premises, where no through alley or side entrance exists.
(d)Unless otherwise directed,each Residential Cart shall be placed for collection in the roadway
portion of the street with such minimum clearance area as to provide clear and safe lifting for
collection.
8.21.110 Container--interference. No person except the owner thereof, his agent or employee, a
duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Residential Cart, or any accumulation of Refuse which is placed for
Collection, nor shall any person remove such Residential Cart, or accumulation from the location
where it shall have been placed by the owner, his agent or his employee.
8.21.120 Container--improper substances. No person shall place or cause or permit to be placed
in any refuse container or Residential Cart any substance or material other than Refuse as
defined in this Chapter. Furniture, appliances, construction and demolition wastes, or any other
waste which is of sufficient size or weight that,when placed in a refuse container or Residential
Cart, prevent the lid from closing completely or cause the weight of the refuse container or
Residential Cart to exceed the posted weight capacity, shall not be placed in refuse containers or
Residential Carts. Persons wishing to dispose of such items shall inform the City Refuse
Collector and make special arrangements to have the items removed. The City Refuse Collector
may levy a charge for removal of such items under a schedule and formula to be uniformly
applied,which formula and schedule shall have been approved by the Director. The City Refuse
Collector shall not be required to collect Hazardous Waste.
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any container illegally placed on public or
private property. The notice shall specify the nature of the violation and shall state that the
container must be removed within twenty-four(24)hours or it may be removed and stored by the
City, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to
remove shall constitute constructive notice to the owner and user of the requirement to remove
the container.
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(b) If the container is not removed within twenty-four(24)hours after the notice to remove is
posted, the Director may order the removal and storage of the container and the disposal of its
contents. The owner of the container shall be responsible to the City for the actual cost of
removal, storage, and disposal. All amounts due to the City for the cost of removal, storage and
disposal shall be paid before the container is returned to the owner. Such amounts shall constitute
a debt owed by the owner to the City, and the owner shall be liable to the City in an action
brought by the City for the recovery of such amounts.
(c) If the identity of the owner of a container that has been removed by the City is known to the
Director, the Director shall promptly cause notice to be mailed to the owner to claim the stored
property. If the container is not claimed within ninety(90) days after removal and notice to the
owner, or ninety (90) days after removal if the identity of the owner is unknown to the Director,
the container and its contents shall be deemed abandoned property and may be disposed of
accordingly.
(d)After a container has once been removed by the City pursuant to this article, the owner
thereof shall be deemed to have actual notice of the provisions of this article, including the
prohibition against the placement of unauthorized containers. In the event of a subsequent
placement of a container by the same owner, or an affiliate of the owner, that is in violation of
the Chapter,the Director may immediately, without the posting of a notice to remove pursuant to
subsection(a) of this section, direct the removal and storage of the unauthorized container and
shall, in such case, give notice to the owner to claim the container pursuant to subsections (b)
and (c) of this section.
8.21.140 Collection--manner. The owner, occupant, tenant or lessee of any premises shall
provide or cause to be provided,Basic Level of Service for the removal of Refuse from said
premises. Properties utilizing Commercial Collection Service shall provide Adequate Service.
The City Refuse Collector shall remove from the premises all Refuse which has been properly
placed for collection, whenever such Refuse is of a type and in an amount provided by contract
with the City. Any removal of Refuse by the City Refuse Collector, or any person shall be
performed in a neat, orderly and quiet fashion, without causing damage to the container or the
lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the
premises shall be left in a clean and orderly condition. Overfilled containers of Refuse creating
accumulations of Refuse in or at the pickup site, shall be the responsibility of the premises owner
for clean up. The security and proper Level Full container shall be the responsibility of the
premises owner. All additional collection of any type of Refuse that does not fit into a container
or causes an overfull container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for collection
shall be the property of the City of Huntington Beach from the time of placement until the time
of collection and shall become the property of the City Refuse Collector from the time of
collection to the time of disposal.
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council,not less frequently than once each
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week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service.
8.21.160 Commercial Collection Service. Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City Refuse Collector for the provision of
the Basic Level of Service. The Director may, by written order, require the owner and/or
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises in question.
8.21.170 Special Collections--excluded Refuse.
(a)Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City Refuse
Collector.
(b) The City Refuse Collector shall make available containers and drop-off bodies, provide
additional collections not required by this Chapter, pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per collection
than required in this Chapter, any or all of these additional services at the request of the person or
business being served. The City Refuse Collector may make a direct charge in each instance for
such additional service under a written agreement which shall be subject to the approval of the
Director and at such rates as are reasonable,just and uniform for all persons or businesses being
served. All such direct charges shall be collected by the City Refuse Collector.
(c) The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed under
the supervision and direction of the County Health Officer, and such Refuse shall neither be
placed in containers nor left for regular Collection and disposal.
(d)Highly flammable or explosive or radioactive Refuse shall not be placed in containers for
regular Collection and disposal, but shall be removed under the supervision of the Fire Chief at
the expense of the owner or possessor of the material.
(e) The Director may, by written permit, authorize provision of bins and drop-off bodies if the
City Refuse Collector fails to provide such service within five (5) calendar days after a customer
order and such service is not thereafter provided within forty-eight(48) hours after notice to the
City Refuse Collector of such failure by the Director.
8.21.180 Collection of Recyclable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business license, obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City,the location(s) from which the Recyclable Material was
collected, and the location(s)to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
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basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section.
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter.
8.21.200 Rules and regulations. The Director shall make such rules and regulations as may be
necessary, reasonable, and proper to enforce the provisions of this Chapter. A copy of any rule or
regulation promulgated by the Director shall be provided to the City Council.
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty (30) days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty (30) days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final.
8.21.220 Unauthorized collection prohibited.
(a) No person other than the City Refuse Collector shall scavenge or otherwise remove Refuse,
Yard Waste or Recyclable Waste Material that has been lawfully placed for collection.
(b) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director.
(c) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by the Director.
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SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the. LZth day of March , 2008.
X"Aall-
Mayor
ATTEST: APPROVED AS TO FORM:
f
Cit4flerk U Cit Attorney
J. II .0�!) (II0B
INITATED AND APPROVED: REVIE D )ND APPROVED:
Director of Pub is Works eity Admini ra r
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Ord. No. 3801
STATE OF CALIFORNIA )
COUNTY OF ®RANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on March 3,2008, and was again read to said City Council at a
regular meeting thereof held on March 17, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 27,2008.
In accordance with the City Charter of said City
n Joan L. Flynn, Ci1y Clerk y Clerk and'ex-officikklerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California