Chapter 8.24
SOLID WASTE AND LITTER*
Sections:
8.24.010 Purpose and intent.
8.24.020 Definitions.
8.24.030 Accumulation of materials co nstituting a fire hazard prohibited.
8.24.040 Solid waste – Disposal in public places prohibited.
8.24.045 Solid waste generated off-site – Plac ement in City trash containers – Prohibited.
8.24.050 Solid waste – Disposal on priv ate property prohibited – Exception.
8.24.060 Owner or occupant responsibi lity to maintain sanitary premises.
8.24.070 Solid waste – Collection pr ohibited when – Burning prohibited.
8.24.080 Solid waste – Containers approved for use by small quantity generators (single- family residential and small businesses with cart service) and large quantity generators (bin or roll-off service) for solid waste, organic waste and recyclables.
8.24.090 Solid waste – Placement in containers or bundles – Restrictions.
8.24.100 Solid waste – Placement of containers for collection – Times.
8.24.110 Reserved.
8.24.120 Reserved.
8.24.130 Reserved.
8.24.140 Reserved.
8.24.150 Reserved.
8.24.160 Reserved.
8.24.170 Reserved.
8.24.180 Payment of solid waste collection charges – Penalty for delinquency.
8.24.190 Reserved.
8.24.195 Mandatory recycling for exempt and reduced rate customers.
8.24.200 Interference with collection and scavenging prohibited when.
8.24.210 Littering – By priv ate persons prohibited where.
8.24.220 Littering – By corporatio ns or persons prohibited where.
8.24.230 Owner or occupant duty to keep sidewalks free of litter. * For authority for cities to declare what shall be deemed a nuisance, see Gov. Code § 38771; for provisions regarding abatement of nuisances, see Gov. Code §§ 38773 and 38773.5.
8.24.010 Purpose and intent.
The City Council finds that the accumulation, Sstorage, Ccollection, transportation, Pprocessing and disposal of Ssolid Wwaste is a matter of public concern, in that improper control of such matters creates a public Nnuisance and can lead to air Ppollution, fire hazards, illegal dumping, insect breeding, rodent infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The City Council further finds that the minimum weekly collection of Ssolid Wwaste from all residences and places of business in the City benefits all occupants of residences and businesses within the City. Accordingly, the collection of Ssolid Wwaste in the City is a mandatory service and, shall not be discontinued, and all owners and occupants as defined in CVMC 8.24.060 are made liable for the payment of such fees as may be approved from time to time by the City Council. The City Council further declares that the regulations provided in this Cchapter are designated to eliminate or alleviate such public health and safety concerns, and provide minimum standards for the accumulation, Sstorage, Collection, transportation, and Pprocessing of Ssolid Wwaste.
8.24.020 Definitions.
For the purpose of this Cchapter, the definitions contained in CVMC 8.25.020 shall govern, unless the context otherwise requires or indicates.
8.24.030 Accumulation of materi als constituting a fire hazard prohibited.
It is unlawful for any individual or Entityperson to create or allow to be created or maintained, upon any premises or property in the City owned or controlled by such personindividual or Entity, any accumulation of materials that are dangerous as fire menace or hazard.
8.24.040 Solid waste – Disposal in public places prohibited.
It is unlawful for any individual or Entityperson to place, dump, deposit, or throw any Ssolid Wwaste including, but not limited to, plastic, glass, metal, paper, Recyclables, green wasteOrganic Waste, other food waste, automobile parts, or other Ssolid Wwaste or liquid wastes of any kind or character whatsoever, upon or along the right-of-way of any public highway, street, lane, alley, or other public place within the corporate limits of the City.
8.24.045 Solid waste generated off-site – Placement in City trash containers – Prohibited.
City Ssolid Wwaste and litter Ccontainers are placed in City parks, at bus stops, and other public areas for the use of the public to control litter and Ssolid Wwaste whichthat is generated at or near the location where the Ssolid Wwaste Ccontainers are located; they are not to be used as disposal sites for Ssolid Wwaste which is generated off-site, except as defined as Iincidental Wwaste in CVMC
8.25.020. Therefore, it is unlawful for any person individual or Entity to place, dump, deposit, or throw away Ssolid Wwaste of any kind or character whatsoever other than Iincidental wWaste in City litter or Ssolid Wwaste containers, if such was generated at a location other than where the Ssolid waste or litter Ccontainer is located.
8.24.050 Solid waste – Disposal on private property prohibited – Exception.
It is unlawful for any individual or Entityperson to place, dump, deposit or throw away any Ssolid Wwaste or other waste discards of any kind or character whatsoever, upon any private property adjacent to or abutting upon any public highway, or public place, or upon any private property whatsoever, within the corporation limits of the City, unless such person individual or Entity first obtains the written permission of the owner of such property so to do. It is further unlawful for such person individual or Entity to deposit or place such materials in any Ssolid Wwaste Ccontainer owned or used by the owner of such property, unless such person individual or Entity first obtains the written permission of the owner so to do. This section is not intended to preclude an individual or Entity person from disposing of waste generated at a Commercial Bbusiness in Ccontainers provided for customers of the Commercial Bbusiness, such as empty food containers being placed in public Solid Wwaste Ccontainers at a fast food restaurant.
8.24.060 Owner or occupant respon sibility to maintain sanitary premises.
Every owner, tenant, occupant, or individual or Entity person owning or having the care and or control of any premises or property in the City shall keep said premises or those under his/her care and control property in a clean and sanitary condition, and no individual or Entityperson shall permit any solid wasteGarbage or any other substance which may be or will become offensive to be deposited or to remain in or upon any premises or property owned or occupied by hithemm or under histheir care and or control, except as otherwise expressly permitted by this Cchapter. It shall be the responsibility of such individual or Entityperson to provide for weekly scheduled Garbagesolid waste Ccollection service by means of the City’s contract or franchise agentAuthorized Collector and pay for such services pursuant to this Cchapter. However, any such individual or Entityperson subject to the mandatory requirement may remove or convey their own waste to a state-permitted Llandfill or Ttransfer Sstation by applying for an exemption in writing in advance and receiving such exemption pursuant to CVMC 8.24.180. Any dispute as to such exemption may be appealed to the City Manager.
8.24.070 Solid waste – Collection prohibited when – Burning prohibited.
A. No personindividual or Entity shall collect, remove, or convey, or cause or permit to be collected, removed or conveyed, any Rresidential, Ccommercial or Iindustrial Ssolid Wwaste upon or along any public street, alley, or any other public place in the City; provided, however, the prohibitions of this section shall not apply to authorized employees of the City, or to any person or firm or employees thereofindividual or Entity, with whom the City or a local school district has entered into a contract or franchise for the Ccollection, Rremoval, or disposal of Ssolid Wwaste, or to the occupant or owner of any residence personally removing their own Ssolid Wwaste from said residence or Ccommercial establishment Business or as may otherwise be permitted or required by federal or state laws that legally supersede the provisions of this Cchapter. Occupants or owners removing or conveying their own waste shall comply with the provisions of this Cchapter and all local, state, and federal regulations regarding the safe transportation and disposal of wastes.
B. It is unlawful for any individual or Entityperson to burn or bury any Ssolid Wwaste as a means of disposing of said waste.
8.24.080 Solid wasteGarbage – Containers approved for use by small quantity generators (single-family residential and small businesses with cart service) and large quantity generators (bin or roll-off service) for solid waste, organic waste and recyclables.garbage.
A. It is unlawful for any Ssmall Qquantity Ggenerator in a Rresidential area to keep or store any solid waste, and recyclables and organic wasteGarbage within Ccontainers except those provided by the City’s Authorized Collector contract or franchise agent. Large Qquantity Ggenerators shall utilize Ccontainers provided by the City’s Authorized Collector contract or franchise agent. Compactor Ccontainers or other receptacles provided by Llarge Qquantity Ggenerators, such as Ccommercial and Iindustrial customers, must be approved by the City’s contract or franchise agent Authorized Collector for compatibility with Ccollection equipment before use. Use of incompatible compactors or other Ccontainers is not allowed and the purchase or lease of such equipment will not be considered grounds for an exemption from mandatory service.
B. Further, Eevery individual or Entityperson having the care or control of any place or premises or property within the City where solid wasteGarbage accumulates or exists shall cause such solid waste Garbage to be placed and kept in such watertight Ccontainers, with lids securely fitted, and in a number adequate to contain the total amount of solid wasteGarbage (refuse, recycling and organic waste) accumulating during the maximum allowed one-week interval between each Ccollection or Rremoval thereof.
C. Enclosures for solid wasteGarbage Ccontainers must be of adequate size to hold the number of Ccontainers required to temporarily store the refuse, recycling and organic waste Garbage generated in between service intervals, pursuant to subsection (A) of this section. The enclosures shall also be adequate in size to accommodate other ancillary Ccollection and Rremoval services, i.e., grease rendering as defined in CVMC 19.58.340.
8.24.090 Solid wasteGarbage – Placement in containers or bundles – Restrictions.
All solid wasteGarbage shall be kept within sturdy Ccontainers made of metal or plastic, and no solid wasteGarbage shall be placed in any Ccontainer so that it protrudes or extends beyond such Ccontainers. Containers shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner, tenant, occupant, or individual, or Entityperson having responsibility for a premises or property shall subscribe for adequate service and maintain the number of rigid Ccontainers and lids sufficient to separately hold their weekly solid waste Garbage(refuse, recyclables and organic waste). Organic waste and other designated recyclables shall never be placed for collection in plastic bags. Cardboard containers shall not be used as solid wasteGarbage containers and should be emptied, broken down, and placed at the Ddesignated Ccollection Llocation for Ccollection with Rrecyclables.
A. The following actions are approved for solid wasteGarbage by Ssmall Qquantity Ggenerators (Ssingle-Ffamily Rresidential and small businesses with curbside Ccollection service):
1. Color-coded and specially marked Ccontainers will be provided upon request by the City’s contract or franchise agentAuthorized Collector for used oil and, oil filters, and designated recyclables at no additional charge. Color-coded and specially marked containers for organic waste will be provided at the resident’s option.
2. Brush and limbs of trees may be placed outsid e of organic waste containers, tied with natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches in diameter and 35 pounds in weight;
23. Any individual or Entityperson desiring to receive different, additional, or more frequent service may do so through the contract or franchise agentAuthorized Collector, on mutually agreeable terms and conditions, by contacting the contract or franchise agentAuthorized Collector at least two days before their regular refuse Garbage Ccollection service day.
B. The following actions are prohibited for Ssmall Qquantity Ggenerators:
1. Use of severely damaged Ccontainers or Ccontainers with jagged or sharp edges (said Ccontainers will be appropriately tagged by contract or franchise agentthe Authorized Collector the first time notedobserved and will be Ccollected by contract agentthe Authorized Collector if used subsequently to being so tagged);
2. Placement of Hhazardous or Ttoxic Wwastes, such as solvents, paints, pesticides, fuels, explosives and medical wastes, at the Ddesignated Ccollection Llocation for Ccollection by the City or the Authorized Collectorany contract or franchise agent(s). This prohibition is not intended to exclude the door-to-door Ccollection of any Hhazardous Wwaste, by appointment, by a contractor licensed by the City and permitted by the State Department of Toxic Substances or the Ccounty environmental health department;
3. Placement of Cconstruction and Ddemolition Wwaste at the Ddesignated Ccollection Llocation for service by the City contractor or franchise agentAuthorized Collector, which may resist compaction or damage equipment, such as large metal objects, concrete blocks, dirt, or tires. This prohibition is not intended to prevent a resident from making an appointment for free bulky pick-up, free used oil and filter collection, or contracting with the City contract or franchise agentAuthorized Collector for a temporary bin for construction debris or, metals, organic waste and source-separated recyclable materials;
4. Deposit of solid wasteGarbage or any other material in waste Ccontainers intended for use by, or belonging to, others;
5. The disposal of Garbage in designated Rrecyclables and Oorganic Wwaste in solid waste Ccontainers.
C. Enforcement.
1. Generators that fail to place solid wasteGarbage (refuse, recyclables or organic waste) out for Ccollection in proper Ccontainers or fail to properly separate recyclables will be tagged with a notice and provided with proper instructions.
2. Repeated violation of proper set-out and/or separation after notification by the City or its contract or franchise agentthe Authorized Collector will be subject to additional notification of a Chula Vista Municipal Code violation by notice of violation or administrative citationenforcement measures as specified in CVMC 8.25.105.
8.24.100 Solid wasteGarbage – Placement of containers for collection – Times.
No solid wasteGarbage shall be placed for Ccollection in an alley or on the curb or the streets before 6:00 p.m. on the day immediately prior to the scheduled cCollection day. No personindividual or Entity shall permit solid wasteGarbage containers to remain on the street or alley after 8:00 p.m. of the Ccollection day. Collection point shall be in front of the Rresidential property at the curbline or as close thereto as possible without creating an obstacle on the sidewalk. All Garbagesolid waste placed at such Ccollection points shall be deemed a request for service by the City’s contract or franchise agentAuthorized Collector. Carts shall be placed at least 1.5 feet apart, with wheels against the gutter; manually collected items, such as bulky pick-up items, standard yard waste containers and designated used-oil recycling containers shall also be 1.5 feet from carts.
8.24.110 Reserved.
(Ord. 2992 § 1, 2005).
8.24.120 Reserved.
(Ord. 2992 § 1, 2005).
8.24.130 Reserved.
(Ord. 2992 § 1, 2005).
8.24.140 Reserved.
(Ord. 2992 § 1, 2005).
8.24.150 Reserved.
(Ord. 2992 § 1, 2005).
8.24.160 Reserved.
(Ord. 2992 § 1, 2005).
8.24.170 Reserved.
(Ord. 2992 § 1, 2005).
8.24.180 Payment of solid waste collection charges – Penalty for delinquency.
A. Payment Obligation. The City Council finds and determines that the regular Ccollection of Ssolid Wwaste, organic waste and designated recyclablesincluding Garbage, Organic Waste, and Recyclable Materials, and the disposal or processing thereof by the contract or franchise agent of the CityAuthorized Collector from all places in the City, is a part of the Iintegrated Ssolid Wwaste Mmanagement service to the premises or property from which it is collected. All owners and occupants of premises or property within the City shall be responsible for paying the monthly Ccollection service rate charged by the City or its contract or franchise agentAuthorized Collector, or shall comply with the provisions of this Cchapter for an exemption from mandatory service as set forth in subsection (H) of this section. No personindividual or Entity that has not previously applied for and received an exemption shall willfully fail, neglect, or refuse, after demand by the City or its contract or franchise agentAuthorized Collector, to pay the service fees.
B. Billing and Payment. All Ssolid Wwaste service charges shall be billed upon a monthly or bimonthly basis as determined by the City Council, and shall be due and payable by the owner or /occupant at the time indicated in the billing statement. The City’s solid waste contract or franchise agentAuthorized Collector will provide Ssolid Wwaste Bbilling services, and, subject to the provisions of this Cchapter, be primarily responsible for the collection of payments. The due date for each class of Ggenerator shall be clearly indicated on the bill or /invoice. If the due date falls on a Saturday, Sunday, or legal holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be postmarked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, at the contract or franchise agentAuthorized Collector’s Chula Vista office.
C. Billing Cycles, Classifications and Due Dates. All Ssolid Wwaste service charges for Ssmall Qquantity Ggenerators (Rresidential dwellings and businesses with curb or alley cart service) shall be billed bimonthly in advance. The due date for Ssmall Qquantity Ggenerator invoices shall be the last day of the bimonthly billing cycle. Solid Wwaste service charges for Llarge Qquantity Ggenerators (Rresidences and businesses with bin, compactor or Rroll-Ooff Sservice) shall be billed monthly in arrears. The due date for Llarge Qquantity Ggenerator invoices shall be 15 days after the last day of the monthly billing cycle. The cost of temporary services such as Iindustrial roll-off boxes may be applied to the monthly or bimonthly billing statements of existing customers, secured by a line of credit or paid for as “Cash On Delivery” (COD) as mutually agreed by the City contract or franchise agentAuthorized Collector and the customer. The City will direct the contract or franchise agentAuthorized Collector to deliver invoices to the Postal Service in a manner that will provide the customer no less than 15 days for delivery and payment of their invoice without penalty.
D. Service Rates. The contract or franchise agentAuthorized Collector shall set service rates subject to a maximum rate established by the City Council. A complete schedule of maximum rates shall be kept on file with the City Clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the City’s contract or franchise with the contract or franchise agentAuthorized Collector. Subject to the terms of the then-in-effect contract or franchise, the City Council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of Ggenerators (Rresidential, Ccommercial, Iindustrial or subclassifications thereof) or types of materials generated, including preferential or discounted rates for senior citizens or low-income families or other classifications which are deemed to be in the public interest.
E. Penalties for Delinquency – Notification.
1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full is not received by the close of business or postmarked before midnight of the due date as shown on the bill. However, when the final day falls on a Saturday, Sunday, or legal holiday, payment may be made without penalty on the next regular business day.
2. Late Notice. In the event the owner or occupant of any premises, property, or business shall be delinquent in payment of any part or all of the Ssolid Wwaste fees and delinquency continues for a period of 10 days after the due date shown on the bill or invoice, the City’s contract or franchise agentAuthorized Collector shall send notification (“late notice”) to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall include the potential delinquency amount to be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not received by the due date on the bill or /invoice, the City or its contract or franchise agentAuthorized Collector may impose a one-time late/processing fee equal to 10 percent of the charges owed for Llarge Qquantity Ggenerators or $10.00 for Ssmall Qquantity Ggenerators. In addition, for each 30 days the delinquent bill remains unpaid, the City or its contract or franchise agentAuthorized Collector may impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill or invoice is not paid within 15 days of the bill or invoice due date, the City contract or franchise agentor its Authorized Collector may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The City or its contract or franchise agent Authorized Collector must at minimum send one bill or /invoice at least 10 days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty.
3. Final Late Notice. In the event that the owner or occupant of any premises, property, or business is delinquent in payment of all or any part of the Ssolid Wwaste bill or invoice, other than that for which they have applied for and received an exemption from the City, for a period of 90 days after the due date of the bill or invoice, the City or its contract or franchise agentAuthorized Collector shall send a second notification (“final late notice”) to the owner and occupant. The notification shall include the total current amount due, a description of the potential penalties for delinquent amounts, and a description of the potential lien process, the location where the bill or invoice may be paid in person during regular business hours and a self-addressed return envelope for payment by mail.
4. Final Notice of Delinquency. Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or its contract or franchise agentAuthorized Collector will send notification (“final notice of delinquency”) to the property owner and occupant with a detailed description of the amount owed, the penalty schedule, lien procedure and associated costs, and administration fees (the penalties and fees are designated for administrative convenience only in the master fee schedule).
When the full amount for said Ssolid Wwaste service charge is not paid within 15 days after the final notice of delinquency, the City or its contract or franchise agentAuthorized Collector shall assign the delinquent account to the City for collection. Upon such assignment, the delinquent charges, penalties and fees may be collected by the City:
a. Pursuant to a lien imposition and pr operty tax bill process provided below; b. By suit in any court of competent jurisdiction; or
c. By any other manner permitted by la w or equity at the City’s discretion.
F. Lien Process for Solid Waste Services.
1. Hearing and Lien – Notice. When the full amount for said Ssolid Wwaste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall.
2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive.
The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this Cchapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section.
G. Solid Waste Service Deposits Required When – Amount. The City or its contract or franchise agent Authorized Collector has the right to require deposits from the owner or occupant of any premises or property who has allowed his/hertheir bill or invoice for Ssolid Wwaste service charge to become delinquent or who does not have an acceptable credit rating. Deposits shall be equal to the estimated amount of the Ssolid Wwaste service charges for two billing cycles, but in no event shall the deposit be less than $25.00.
H. Request for Exemption from Fees or Services – City – Approved Exception.
1. Duration of Exemption. All exemptions and extensions granted will be for a period of not more than 180 days. Applicants that have been cited with a notice of violation or administrative citation and those that have been late on Ssolid Wwaste fee payments within the past six months will not be qualified for an exemption.
2. Process for Making Request. Requests for an exemption from mandatory Ssolid Wwaste services shall be made on a form provided by the City. Requests on the required form shall be completed by the applicant and submitted to the City or its contract or franchise agentAuthorized Agent, as outlined on the form. An exemption request will only be considered if the applicant demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d) of this section.
3. Conditions of an Approved Application. Applicants shall agree to an inspection of their premises to verify compliance with Ssolid Wwaste diversionProcessing. Failure to notify the City or the City’s contract or franchise agentAuthorized Collector in writing prior to reoccupying the premises, or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for Ccollection charges, and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners and/or their agents will be expected to maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter abatement, clean sidewalks and gutters, and Solid Waste Processing requirements (as applicable), organic waste recycling (as appropriate), throughout the exemption period.
4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All exemptions requested by tenants shall also be signed by the property owner. An exemption will only be granted if the City or its contractor or franchise agentAuthorized Collector determines that the exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d) of this section. The City retains the right to review and modify any decision made by the contractor or franchise agentAuthorized Collector.
a. Vacancy Exemption for Unoccupied Premises. In the event that the premises or property are unoccupied and all water, sewer, electricity, and gas are also disconnected or in the case of military deployment of all occupants, an owner or occupant of a residence or business may request a vacancy exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or Ccounty probate Administrator may request a retroactive exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period.
b. Self-Haul. Occupants or tenants of premises or property may apply for an exemption from fees for all or part of the Ssolid Wwaste, organic waste and recycling services and remove or convey Solid Wwaste and/or recyclables for processing and disposal which they generate themselves. Such personsindividuals or Entities must provide weekly receipts for disposal at a state-permitted Llandfill or Ttransfer Sstation and/or appropriate Rrecycling facility at the end of each billing cycle or upon demand by the City or its contract or franchise agentAuthorized Collector. Individuals or EntitiesPersons provided an exemption are still subject to state-mandated Organic Wwaste and Recycling diversion goals and may not: (i) dispose of their waste in the waste receptacleContainer of another Ggenerator in Chula Vista or another jurisdiction, or in a park or street litter bin, (ii) contract with a third party to remove and convey their waste, (iii) burn their waste in their fireplace or by other means, (iv) dispose of designated rOrganic Waste or Recyclables, or otherwise improperly dispose of Solid Wwaste or recyclables as established in CVMC 8.24.040, 8.24.045 and
8.24.050. A Sself-Hhauler exemption is not a permit to haul Solid Wwaste generated by a second party.
c. Source Reduction, Recycling and Composting Exemption. The occupant or /owner of any premises or property may apply for an exemption from all or part of the Ssolid Wwaste, yard waste and recycling fees for 100 percent diversion (no disposal of any kind, anywhere).
Such personsindividual or Entity must provide a written description of their Ssolid Wwaste management plans, to comply with the state-mandated Llandfill diversion goal, and the City’s Iintegrated Ssolid Wwaste Mmanagement plan, and State Waste Laws. d. Property owners and occupants within an area newly annexed to the City that was not currently using the City’s contract or franchise agent Authorized Collector may use the service of a private refuse collection service other than the City’s franchise agent Authorized Collector for a period not to exceed one billing cycle. If the owner or occupant was under a preexisting franchise agreement with a private refuse collection service other than the City’s contract or franchise agentAuthorized Collector, they may remain with that service to the extent required by law until the end of the agreement period, less any extensions in that agreement, for a period not to exceed 180 days.
e. The City or its contractor or franchise agentAuthorized Collector may suspend collection service and/or charges from a Llarge Qquantity Ggenerator for:
i. Vacancy;
ii. Delinquency of payment subsequent to implementation of subsection (E) of this section; or
iii. Mutual agreement by the City and contract or franchise agentAuthorized Collector.
The contractor Authorized Collector shall notify the City quarterly of all suspended accounts that did not result in payment.
8.24.190 Reserved.
(Ord. 2992 § 1, 2005; Ord. 2764 § 1, 1998).
8.24.195 Mandatory recycling for exem pt and reduced rate customers.
Where a Ssolid Wwaste ratefee reduction or exemption is granted hereunder, the affected partyindividual or Entity shall not be exempted from and shall remain subject to the mandatory Rrecycling and Organic Waste obligations of Chapter 8.25 CVMC ordinance. Each personindividual or Entity receiving a ratefee reduction or exemption shall be responsible for doing his or her equitable share to assist the City with the 50 percent Llandfill diversion goals mandated by the California Integrated Waste Management Act of 1989 (AB 939) and California statewide effort to reduce emissions of short-lived climate pollutants (SB 1383 Lara, Chapter 395, Statutes of 2016) State Waste Laws including, but not limited to, participation in source reduction, reuse, Rrecycling and Ccomposting of Solid Waste the designated recyclables and household hazardous waste as applicable. Failure to comply with this Chapter, Chapter 8.25 CVMC, or State Waste Laws the mandatory recycling ordinance or disposal of solid waste at a site other than the premises or property where the Solid Wwaste was generated shall be cause for termination of the exemption or reduced ratefee and shall subject the rate payerindividual or Entity to paying the full cost of service for the full period of the exemption or reduced ratefee, plus any applicable penalty for violation of CVMC 8.24.040, 8.24.045 and 8.24.050this Chapter or Chapter 8.25 CVMC.
8.24.200 Interference with collectio n and scavenging prohibited when.
It is unlawful for any person or personsindividual or Entity, other than the City contract or franchise agent as defined herein and authorized by the City to collect solid waste or household hazardous wasteAuthorized Collector, to interfere in any manner with any Ssolid Wwaste or, household Hhazardous Wwaste, designated recyclables or organic waste c Container or the contents thereof, whether owned by private personsindividuals or Entities, the City, or by its contract or franchise agentthe Authorized Collector, or to remove any such Ccontainer or its contents from the location where the same was placed by the owner thereof. This provision is not intended to prohibit any person, firm or corporationindividual or Entity generating a reusable, Rrecyclable, or Ccompostable commodity from selling or giving the same as he, she orthey it may desire; provided, that the commodity(ies) shall be removed and conveyed in a manner strictly in accordance with the rules and regulations of the County Department of Environmental Health, this Cchapter and Chapters 8.23 and
8.25 CVMC, and that such commodities shall be diverted from a Llandfill, transformation facility, or other land application or other use not expressly recognized as diversion by the City or the California Integrated Waste Management Act of 1989State Waste Laws.
8.24.210 Littering – By private persons prohibited where.
No person or personsindividual or Entity shall leave, discard, deposit, throw away, or cause to be left, discarded, deposited, or thrown away, any Ssolid Wwaste, Hhazardous Wwaste, or medical waste of any type including, but not limited to, paper, wood, glass, plastic, metals, Oorganic Wwaste, upon any street, alley, gutter, sidewalk, parkway, park, or recreational area in the City.
8.24.220 Littering – By corporations or persons prohibited where.
It is unlawful for any individual or Entity person, firm, company or corporation to deposit upon any sidewalk or street within the City any sweepings from any sidewalk, stairway, or other opening leading to the street or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the street or sidewalk within the City shall be removed in a pan, shovel, or other container and placed in a Ccontainer for Ssolid Wwaste, includingor an Oorganics waste recyclingContainer or Rother recycling Ccontainer as appropriate.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings in the City and the duty of all owners of vacant lots in the City to keep the sidewalks adjacent to such premises clean and free of any Ssolid Wwaste of any type including, but not limited to, paper, wood, glass, plastic, metals, Oorganic Wwaste, noxious weeds and or vegetation, or other organic matter.