HomeMy WebLinkAboutOrdinance 3255 - Amending Municipal Code Chapter 8.20 - 8.2 _ D
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REQUES r FOR CITY COUNCL'ACTION
Date October 3, 1994
Submitted to:
Honorable Mayor and City Council
-
Submitted by: Michael T. Uberuaga, City Administr r
� APPROVED BY CITY COUNCIL
4 Prepared by: Ray Silver, Acting Director of Public Worksa7Oo
Subject: REFUSE CODE CLARIFICATIONS
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Consistent with Council Policy? Yes [ ) New Policy or Exception d /0 3 S.s� aeqtv
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Experience has shown that some ambiguities exist within Chapter 8.20 REFUSE of the
Huntington Beach Municipal Code which should be clarified.
RECOMMENDED ACTION:
Approve amendments to Sections 8.20.015, 8.20.090, and 8.20.260 of the Municipal
Code.
ANALYSIS:
I. When the City Council adopted Ordinance No. 2952 establishing a residential
curbside collection charge for "persons occupying single-family dwellings ...",
occupancy was not clearly defined. It has always been City policy that occupancy
went hand-in-hand with connection to an active water service. If the water was on,
the trash was on. This policy provided equity and fairness to all, and assured that
refuse rates would not have to be inflated by the extra administrative costs of
policing other policies.
However, Section 8.20.015 does not specifically state this policy and some rate
payers have disputed their bills because they could not find the policy in the Code.
In order to clarify any further question on this matter staff recommends amending the
Section by adding thereto the sentence: "A dwelling shall be deemed occupied if
connected to an active water service."
II. Section 8.20.090(Collection Manner) contains the antiquated word "garbage"to refer
to refuse and does not state that refuse must be "properly" placed for collection. In
addition, the Code does not state the ownership interest of the City of Huntington
Beach in refuse awaiting collection. These items are corrected in the proposed
amendment. It should be noted that these proposals conform to State of California
law and will assist the City to protect the pubic from the abuses of scavenging.
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Plo 5/85
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PAGE -2-
RCA: REFUSE CODE CLARIFICATIONS
III. Violations of the Refuse Code are "infractions". These are minor offenses for which
a violator would receive a citation with a fine of up to $250. But because the Public
Works Department does not have citation powers, staff recommends that the
language of Section 8.20.260 be changed to allow enforcement of the Refuse Code
by those departments which have those powers.
ENVIRONMENTAL STATUS:
Categorically exempt.
FUNDING SOURCE:
No funds required.
ALTERNATIVE ACTION:
Reject the recommendation and do not amend the Refuse Code.
ATTACHMENTS:
1. Ordinance No. w3 amending Chapter 8.20 REFUSE of the Huntington
Beach Municipal Code.
2. Legislative Draft of same.
'^ ORDINANCE NO. 3255
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.20 OF THE HUNTINGTON BEACH
ORDINANCE CODE PERTAINING TO REFUSE.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 8.20.015 of Chapter 8.20 is hereby amended to read as follows:
8.20.015 Residential Curbside Collection Charge. There shall be a charge for
residential curbside collection which rates shall be established from time to time
by resolution of the City Council. Such charge 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 curbside collection who is sixty-two years of
age or older shall be exempt from 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, was less than ten thousand dollars
for the calendar year prior to the fiscal year(July 1 through June 30) for which
the exemption provided by this section is applied.
SECTION 2 Section 8.20.090 of Chapter 8.20 is hereby amended to read as follows:
8.20.090 Collection manner. The owner, occupant, tenant or lessee of any
premises shall remove or cause to be removed, all refuse from said premises at .
least once a week. 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. 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.
SECTION 3 Section 8.20.260 of Chapter 8.20 is hereby amended to read as follows:
8.20.260 Violation--penalty.
(a) Any person who violates any provision of this chapter shall be guilty of an
INFRACTION.
6/k/refuse/11/10/94 1
(b) The provisions of this chapter shall be enforced by City Police and Code .
Enforcement Officers.
(c) The Director shall make such rules as may be necessary, reasonable and
proper to enforce the provisions of this chapter.
(d) Any person adversely impacted by a ruling made by the Director pursuant to
this'chapter may appeal same by following the procedure described in
Section 5.40.070 and 5.40.080 of this code.
SECTION 4. 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_1.7th day of October , 1994.
ALI
Mayor
APPROVED AS TO FORM:
City Clerk
AA
4R�E�W4EDND APPROVE N6to City AttorneyFc—
INITIATED AND APPROVED:
ministrato
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Direct of Public Works
6/k/refuse/9/2/94 2
Res. No. 3255
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at'a regular meeting thereof held on the 17th day of October, 1994,
by the following vote:
AYES: Councilmembers:
Silva, Bauer, Moulton-Patterson, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Robitaille
t�
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Huntington Beach Municipal Coae 8.20.010-8.20.010(c)
LEGISLATIVE DRAFT
Chapter 8.20
REFUSE
(250-11/22,1688-12(71,1788-11l12,1974-5/75,2450-9/80,2675-2/84,2890-3/87,2952-8/88,3149-8/92)
Sections:
8,20.010 Definitions
8,20.015 Residential Curbside Collection Charge
8,20.020 Leaving in public places
8,20.030 Occupant responsible for premises
8,20.035 Owner liable for premises
8,20.040 Accumulation prohibited
8,20.050 Storage
8,20.060 Containers--location
8.20.070 Container--interference
8.20.080 Container--improper substances
8.20.090 Collection--manner
8.20.100 Collection--unit of service
8,20.110 Collection--other premises
8,20.120 Collection--excluded refuse
8.20.130 Collection--City contract
8.20.140 Transportation--conveyance approval
8.20.150 Disposal methods
8.20.160 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.170 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.180 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.190 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.200 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.210 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.220 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.230 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.240 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.250 Repealed, Ordinance No. 2450, 16 Aug 80
8.20.260 Violation--penalty
8.20.010 Definitions. The following definitions shall apply in the interpretation and enforcement
of these regulations:
(a) 'Basic level of service" means that level of collection and disposal service necessary to collect
refuse generated by an average family in one unit of service, 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. Refuse items 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 containers or bundles within the weight and size limits hereinafter set
forth for containers or bundles, any unit of refuse which exceeds four feet in length or which
exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such
contract or such resolution as that generated by an average family in one unit of service, are
excluded from the "basic level of service."
(b) "City Refuse Collector" means any collector either employed by or under contract with the
City to provide removal, transportation, and disposition of refuse from residents and users of
premises within the City, other than one who does so from his own premises.
(c) "Collection" means pickup, removal, transportation or disposition of refuse, except by a
person with refuse from premises owned, occupied or used by such person, as hereinafter
provided.
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mc08.20 1
8.20.010(d)-8.20.020 huntington Beach Municipal Code
(d) "Director" means the Huntington Beach Director of Public Works or his authorized
representative.
(e) "Garbage" means all put rescible solid wastes, including but not limited to vegetable matter,
discarded food containers or other matter that attends the preparation, consumption, packing,
canning, storage and decay of meats, fish, fowls, vegetables and fruit intended for human and
animal consumption, excluding human excrement. (3149-8/92)
(f) "Non-unit of service",means and includes all locations specifically excluded from subsection
(k)•
(g) "Person" means any individual, firm, governmental unit, organization, partnership,
corporation, company or other entity.
(h) "Refuse" means garbage and solid waste and shall not include sewage waste or wastewater,
explosive substances, radioactive materials, materials which have been exposed to highly
infectious or contagious diseases, or other hazardous materials..
(i) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling
items such as trees, tree limbs, logs, automobile bodies, motor vehicle parts, building
materials, appliances, household goods, sod and dirt, metal, wood and rock.
(j) "Solid wastes" means combustible and noncombustible waste materials not included in,the
term "garbage" and shall include tree and shrubbery trimmings, lawn renovations, grass,
weeds, leaves, chips, paper, pasteboard, magazines, books, rags, rubber, carpet, clothing,
boots, shoes, hats, furniture, bedding, bottles, cans, metals, mineral matter, glass, crockery,
dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish,
trash or waste material which ordinarily accumulates in the operation of a.household or a
business.
(k) "Unit of service" means 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,
business or industrial establishment, or any lot containing more than four dwelling units.
(1688-12/71, 1788-11/72, 2450-9/80, 2675-2/84, 2890-3/87)
8.20.015 Residential Curbside Collection Charge. There shall be a charge for residential curbside
collection which rates shall be established from time to time by resolution of the City Council. Such
charge 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 curbside collection who is sixty-two years of age or older.shall be
exempt from 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, was less than ten
thousand dollars for the calendar year prior to the fiscal year(July 1 through June 30) for which
the exemption provided by this section is applied. (2952-8/88)
8.20.020 Leaving in public places. No person shall deposit, sweep, throw, discard or leave any
refuse or cause such refuse to be deposited, swept, placed, thrown, discarded or left upon any
public street, highway, alley, sidewalk, street parking or other public place in this City. (250-11/22,
1788-12/72)
mc08.20 2
Huntington Beach Municipal Code 8.20.030-8.20.060(a)(3)
8.20.030 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 sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, 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.
(250-11/22, 1788-12/72)
8.20.035 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. (3149-8/92)
8.20.040 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. (250-11/22, 1788-12/72)
8.20.050 Storage.
(a) Garbage shall be stored in a container of a type approved by the Director. Every such
container shall be constructed of metal, or equally durable material, in such manner as to be
strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall
have handles or other attachments designed for and capable of lifting, and shall have covers
which shall be kept in place at all times, except when garbage or other refuse is being
deposited or removed from such container. Such cover when in place shall fit so as to.render
fly proof any covered container. A sufficient number of containers shall be provided to hold
at least one week's accumulation of garbage. Each garbage container shall be kept clean so
that no odor or other nuisance will exist. Containers for single-family residences shall have a
capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when
filled.
(b) Rubbish shall be stored in such a manner that it will not provide harborage to rats, nor cause a
fire hazard.
(c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or
"wet strength" kraft paper throwaway refuse bags of a type approved by the Director. Such
bags shall comply with all of the requirements of subsections (a) and (b) except for the
requirements of handles and covers.
(d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four
feet long and weighing not more than forty pounds. (1688-12/71, 1788-12/72)
8.20.060 Containers--location.
(a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or
placed in such a manner as not to be visible from the public street except during or for the
time fixed for the collection thereof. During such period, any containers or any accumulation
of refuse which is for collection shall be placed as follows:
(1) Near alley. On the premises, within five feet of the rear property line, where there is a
through alley in the rear of the premises;
(2) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists;
(3) At curb. At the curb in front of the premises, where no through alley or side entrance
exists.
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o ✓v
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.20 OF THE HUNTINGTON BEACH
ORDINANCE CODE PERTAINING TO REFUSE.
NOW, THEREFORE, the City Council of the City of,Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 8.20.015 of Chapter 8.20 is hereby amended to read as follows:
8.20.015 Residential Curbside Collection Charge. There shall be a charge for
residential curbside collection which rates shall be established from time to time
by resolution of the City Council. Such charge 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 curbside collection who is sixty-two years of
age or older shall be exempt from 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, was less than ten thousand dollars
for the calendar year prior to the fiscal year (July.1 through June 30) for which
the exemption provided by this section is applied.
SECTION 2 Section 8.20.090 of Chapter 8.20 is hereby amended to read as follows:
8.20.090 Collection manner. The owner, occupant, tenant or lessee of any
premises shall remove or cause to be removed;all refuse from said premises at
least once a week. 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. 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.
SECTION 3 Section 8.20.260 of Chapter 8.20 is hereby amended to read as follows:
8.20.260 Violation--penalty.
(a) Any person who violates any provision of this chapter shall be guilty of an
INFRACTION.
6/k/refuse/11/10/94 1
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: ART FOLGER, Deputy City Attorney
DATE: November 10, 1994
SUBJECT: Refuse Code
The inadvertent use of the term "garbage" in lieu of"refuse" in Section 8.20.090 of Ordinance
3255 is a typographical error and may be corrected during codification.
ART F�OLGE�R, ��
Deputy City Attorney
AJ F/k
ORDINANCE NO. 3255
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.20 OF THE HUNTINGTON BEACH
ORDINANCE CODE PERTAINING TO REFUSE.
NOW, THEREFORE, the City Council of the City of Huntingt7/Beach does hereby
ordain as follows: '`�
SECTION 1. Section 8.20.015 of Chapter 8.20 is hereby amended to read as follows:
l
8.20.015 Residential Curbside Collection Charge.Zhere shall be a charge for
residential curbside collection which rates shall be established from time to time
by resolution of the City Council. Such charge 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 ity Refuse Collector.
Any person receiving residential curbside collection who is sixty-two years of
age or older shall be exempt from/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, was less than ten thousand dollars
for the calendar year prior to/he fiscal year(July 1 through June 30) for which
the exemption provided by�fhis section is applied.
SECTION 2 Section,8.20.090 of Chapter 8.20 is hereby amended to read as follows:
8.20.090 Collectior�manner. The owner, occupant, tenant or lessee of any
premises shall remove or cause to be removed, all garbage from said premises
at least once a week. 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. Refuse lawfully
placed for collection shall be the property of the City of Huntington Beach from
the ti6 of placement until the time of collection and shall become the property
of ttlie City Refuse Collector from the time of collection to the time of disposal.
I ,
;SECTION 3 Section 8.20.260 of Chapter 8.20 is hereby amended to read as follows:
1 8.20,260 Violation--penalty.
(a) Any person who violates any provision of this chapter shall be guilty of an
��. INFRACTION.
6/k/refuse/9/2/94 1
8.20.060(b)-8.20.120(a) huntington Beach Municipal Code
(b) No refuse container nor any accumulation of refuse which is for collection, shall be placed for
collection in any public way, or at any curb or in any location visible from a public street, prior
to 6 p.m. on the day preceding collection; any such refuse container shall be removed prior to
10 p.m. on the day of collection. (1688-12/71, 1788-12/72, 2675-2/84)
8.20.070 Container--interference. No person except the owner thereof, his agent or employee, a
duly authorized City employee, or any employee of the refuse collection contractor, shall interfere
in any manner with any refuse container, or any accumulation of refuse which is for collection, nor
shall any person remove such container or accumulation from the location where it shall have
been placed by the owner, his agent or his employee. (1688-12/71, 1788-12/72)
8.20.080 Container--improper substances. No person shall place or cause or permit to be placed
in any refuse container any substance or material other than refuse as defined in this chapter.
Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in
weight, shall not be placed in refuse containers. Persons wishing to dispose of such large rubbish
items shall inform either the Department of Public Works or the refuse collection contractor and
make special arrangements to have the items removed. The refuse collection contractor may levy
a charge for removal of such items under a schedule and formula to be uniformly applied, based
on weight and size of the items, which formula and schedule.shall have been approved by the
Director. The refuse collection contractor shall not be required to collect hazardous, toxic, or
liquid wastes. (1688-12/71, 1788-12/72, 3149-8/92)
8.20.090 Collection manner. The owner, occupant, tenant or lessee of any premises shall remove
or cause to be removed, all refuse gage from said premises at least once a week. The City
Refuse Collector shall remove from the premises all refuse which has been properly placed for
collection, wle 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 re s onsible for the
spillage and the premises shall be left in a clean and orderly condition. Refuse lawfully
flaced for collection shall be the property of the City of Huntington Beach
rom 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.
e. . (1688-12/71, 1788-12/72)
8.20.100 Collection--unit of service.
(a) The City, or some person under contract with the City to do so, shall operate and maintain a
service for the collection of refuse from units of service in the City, on a regularly scheduled
basis approved by resolution of the City Council, not less frequently than once each week.
The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service.
(b) All refuse included in the basic level of service, which is generated, accumulated, and lawfully
placed for collection at any unit of service in the City, shall be collected exclusively by the City
Refuse Collector. (1688-12/71, 1788-12/72, 2450-9/80)
8.20.110 Collection--other premises. Any premises, other than units of service, shall use the
collection service operated by the City Refuse Collector, as hereinbefore provided, for refuse not
excluded from the basic level of service which is generated, accumulated, and lawfully placed for
collection. (1688-12/71, 1788-12/72, 2450-9/80, 2890-3/87)
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=08.20 4
Huntington Beach Municipal Coue 8.20.120(b)-8.20.260(d)
8.20.120 Collection--excluded refuse.
(a) The owner or occupant of each and every premises in the City which generates refuse
excluded from the basic level of service, and the owner or occupant of premises other than a
unit of service who personally collects, conveys and disposes of refuse generated on the
premises, shall remove and dispose of such excluded refuse in a manner approved by the
Director and consistent with the provisions of this chapter.
(b) The City Refuse.Collector shall make available bins 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-collection 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 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's Refuse Collector of such failure by the Director. (1688-12/71, 1788-12/72,
2450-9/80, 2890-3/87)
(d) The Director may, by written order, require the manager of any apartment complex or
operator of any business enterprise to provide containers or bins of sufficient size and storage
capacity so as to adequately service the premises in question. (3149-8/92)
8.20.130 Collection--City contract. 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. (1688-12/71, 1788-12/72, 1974-5/75, 2450-9/80)
8.20.140 Transportation--conveyance approval. No Refuse Collector shall transport refuse in a
conveyance that has not been approved by the Director. All vehicles used in collecting and
transporting refuse shall be provided with metal bodies so constructed as to be leakproof and to
prevent loss, spillage or blowing away of any contents collected or transported within the City.
Such vehicles shall be thoroughly cleaned to eliminate odors and decayed materials. (1688-12/71,
1788-12/72, 2890-3/87)
8.20.150 Disposal methods. No Refuse Collector or other person shall dispose of refuse, except
in a manner approved by the Director and consistent with the provisions of this chapter.
(1688-12/71, 1788-12/72, 2450-9/80, 2890-3/87, 3149-8/92)
8.20.260 Violation--penalty.
(a) Any person who violates any provision of this chapter shall be guilty of an INFRACTION.
(3149-8/92)
(b) The,,�rovisions of this chapter shall be enforced by City Police and Code Enforcement
Uff cers. the Depaivnent ef Publie Werks ef the City. (1688-12/71, 1788-12/82, 3149-8/92)
(c) The Director shall make such rules as may be necessary, reasonable and proper to enforce the
provisions of this chapter. (3149-8/92)
(d) Any person adversely impacted by a ruling made by the Director pursuant to this chapter may
appeal same by following the procedure described in Section 5.40.070 and 5.40.080 of this
code. (3149-8/92
mc08.20 5