C
ITY OF SIMI VALLEY
MEMORANDUM
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anuary 24, 2022
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O: City Council
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ROM: City Clerk’s Office
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BJECT: S ECOND READING OF ORDINANCE NO. 1332 AMENDING CHAPTER 3 OF TITLE 6 OF THE SIMI VALLEY MUNICIPAL CODE RELATING TO THE
REGULATION OF SOLID WASTE STORAGE, COLLECTION, DISPOSAL,
TRANSFER, AND RESOURCE RECOVERY
STAFF RECOMMENDATION
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t is recommended that the City Council adopt Ordinance No. 1332.
BACKGROUND
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his ordinance was introduced for first reading at the City Council meeting of December 20, 2021, without amendment or modification.
SUGGESTED CITY COUNCIL MOTION
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move to adopt Ordinance No. 1332.
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_______________________________
Lucy Blanco
City Clerk
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repared by: Lucy Blanco, City Clerk
INDEX Page
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rdinance No. 1332 ......................................................................... 2 AGENDA ITEM NO.
7A
ORDINANCE NO. 1332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING CHAPTER 3 OF TITLE 6 OF THE
SIMI VALLEY MUNICIPAL CODE RELATING TO THE
REGULATION OF SOLID WASTE STORAGE,
COLLECTION, DISPOSAL, TRANSFER, AND RESOURCE
RECOVERY
WHEREAS, Chapter 3 of Title 6 of the Simi Valley Municipal Code regulates solid waste storage, collection, disposal, transfer and resource recovery; and
WHEREAS, Chapter 3 of Title 6 of the Simi Valley Municipal Code requires revisions to provide automatic organic waste recycling service, enforcement capability, and standardized bin coloring; and
WHEREAS, Chapter 3 of Title 6 of the Simi Valley Municipal requires revisions to require an edible food recovery program for covered generators.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1
. Chapter 3 of Title 6 of the Simi Valley Municipal Code is hereby amended to read as follows:
Chapter 3. Rubbish Collection and Disposal
Section 6-3.02. Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“
Blue Container” shall mean the container designated for source separated recyclable materials.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined further below. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
“Compostables” shall mean yard waste and wood waste as defined herein. "Director" shall mean the Director of the Department of Community Services Public Works of the City of Simi Valley or the designee of the Director of the Department of Community Services Public Works.
"Discards" shall mean solid wastes, compostables, and recyclables (including but not limited to source separated recyclables), which have been abandoned or discarded and placed for collection by the owner of such material or their agent for collection by the City's franchised or licensed collector.
2 ORD. NO. 1332
“Edible Food” shall mean food intended for human consumption. “Enforcement Action” shall mean an action by the City to address non- compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other legal or equitable remedies.
“Food Distributor” shall mean a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator “Food Recovery Service” shall mean a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
“Food Scraps” shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
"Garbage" shall mean any putrescible substance, including, but not limited to, animal feces, dead animals, wastes from any food preparation , or foodstuffs non-recyclable items.
“Gray Container Waste” shall mean Solid Waste that is collected in a Gray Container that is part of a three- container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container.
“Green Container” shall mean the container used for the purpose of storage and collection of Source Separated Green Container Organic Waste. "Multifamily residential customer" shall mean an apartment, condominium, or townhome complex or mobile home park with five (5) or more dwelling units, for which the conditions, covenants, and restrictions or other operating documents of such complex or park require group rather than individual discards collection. “Organic Waste” shall mean Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green 3 ORD. NO. 1332
material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste
"Recyclables" or "source separated recyclable materials" shall mean those waste materials generated on or emanating from residential, commercial, or industrial premises that are retained for recycling and/or composting. Such materials may include, but are not limited to, aluminum cans, bimetal cans, cardboard, glass containers, metal, plastic containers, newspaper, and paper, and organic waste.
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) dwelling units.
"Solid waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage; trash; refuse; paper; rubbish; ashes; industrial wastes; demolition and construction debris; abandoned vehicles and parts thereof; discarded home and industrial appliances; dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste; manure; vegetable or animal solid and semisolid wastes; and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. 4 ORD. NO. 1332
(7) A Local Education Agency facility with an on-site Food Facility.
Sec. 6-3.03. Composting exclusion.
Nothing in this chapter shall be constructed to limit or prohibit an individual or entity from composting yard waste material organic material in compliance with guidelines promulgated by the Director; provided, that in a residential zone, the compost pile, compost bin, or compost container shall not be visible from the street.
Sec. 6-3.04. Accumulations: Solid Waste.
(a) It shall be unlawful for any person owning, occupying, using, managing, or in control of any premises or vacant lot within the City to permit an accumulation of solid waste, to become malodorous, unsightly, or unsafe to the public health or safety or a fir e hazard or to deposit, keep, or accumulate, or permit or cause any solid waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land, or upon any public or private place, street, lane, alley, or driveway, except as allowed by this chapter.
(b) No person other than a person owning, occupying, managing, or in control of any premises shall set out or cause to be set out for collection any discards, or recyclable commodities, into any container, bin, or roll-off drop box other than those controlled or contracted by such person, except as provided in Section 6-3.14 of this chapter.
(c) No person owning, occupying, using, managing, or in control of any premises shall permit discards, solid waste, compostables, or recyclable
commodities to accumulate or be blown about in a manner which creates an unsightly appearance or health hazard.
(d) No person other than the owner, occupant, manager, or person in control of the premises where discards, solid waste, compostables, or recyclable
commodities containers are located, or the franchised collector or recyclables collector who provides collection services at the premises where the containers are located, shall tamper with, or remove any container or its contents or other equipment used for the storage of discards, solid waste, or recyclable commodities stored in such containers. (e) Solid waste, exclusive of recyclables, and compostables, produced or accumulated in or about any premises shall be disposed of or removed from the premises, other than commercial food establishments, at least once each week. Every person in charge of commercial food preparation establishments shall cause all solid waste to be removed from the property not less frequently than twice a week.
Sec. 6-3.05. Commercial discard collection requirements.
Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall:
(a) Subscribe to the franchised haulers three container collection services, and comply with requirements of those services as described below in item (b), 5 ORD. NO. 1332
except Commercial Businesses that meet Self -Hauler requirements. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.
(b) Except Commercial Businesses that meet the Self -Hauler requirements, participate in the City’s Organic Waste c ollection service(s) by placing designated materials in designated containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site.
Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food f or Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City or designated third party enforcement entity to access the premises and review records
Commercial customers shall maintain an adequate number of bins and level of discards services to prevent overflowing bins or excessive accumulation of discards.
Sec. 6 -3.06 Discards, solid waste, compostables, recyclables, or recyclable commodities: Dumping: Attraction of flies, mosquitos, or rodents.
Every person who places, deposits, or dumps discards, solid waste, compostables, recyclables, or recyclable commodities on the surface of the ground on any public or private premises; in any standing water or watercourse; in any open pit or excavation; in any place mentioned in Section 4476 of the Health and Safety Code of the State; or in any place whatsoever where such discards, solid waste, compostables,
recyclables, or recyclable commodities are exposed or may be exposed to flies, mosquitos, or rodents; except at a sanitary landfill or discards, solid waste, compostables, recyclables, or recyclable commodities processing or transfer facility/recycling center approved and so designated by the City or County or any 6 ORD. NO. 1332
subdivision thereof; or who knowingly permits or allows the carcass of any dead animal or bird to remain exposed to flies, mosquitos, or rodents for more than twenty- four (24) hours upon any premises owned or controlled by him shall be guilty of a misdemeanor.
Sec. 6 -3.07 Abatement: Accumulation of discards, solid waste, compostables,
recyclables, or recyclable commodities: Breeding places or potential breeding place for flies, mosquitos, or rodents.
(a) Accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities. No person shall maintain any accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents. No person shall permit another person to maintain on his premises any accumulation of discards, solid waste,
compostables, recyclables, or recyclable commodities, or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance.
(b) Public nuisance. Whenever the Director determines that there exists an accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities, or a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance, the Director is hereby aut horized to notify the owner or occupant of any private property within the City, or the agent of such owner or occupant, to properly dispose of discards, solid waste, compostables,
recyclables, or recyclable commodities, located on such property. Such notice shall be by the personal issuance of a Notice of Violation, or by certified mail addressed to such owner or occupant, or the agent thereof, at owner/occupant's last known address.
(c) Notice of intent to abate. Upon the failure, neglect, or refusal of the person so notified pursuant to the provisions of subsection (b) of this section to properly dispose of such discards, solid waste, compostables,
recyclables, or recyclable
commodities, or to abate the breeding place or potential breeding place for flies, mosquitos, or rodents within five (5) days after the receipt of a written notice as provided in subsection (b) of this section, or within seven (7) days after the date of such notice in the event the notice is returned to the City because of inability to make delivery thereof, provided the notice was properly addressed, postage prepaid, and sent to the last known address of such owner or occupant or agent thereof by both first class and certified mail, return receipt requested, the Director shall serve upon the owner of record or occupant of the property, or the agent thereof, a notice of intention to abate. The notice shall be served, or when service by personal service cannot be accomplished, the property shall be posted. Any person receiving such a notice, within five (5) days, exclusive of Saturdays, Sundays, and City holidays, from the service of the notice, may request a hearing before the City Manager as set forth in subsection (d) of this section. If a hearing is not so requested, the Director shall proceed to abate the discards, solid waste, compostables, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as provided in subsection (e) of this section.
7 ORD. NO. 1332
(d) Hearing. A request for the hearing provided for subsection (c) of this section shall be in writing and shall contain the name and mailing address of the appellant and a general description of the order bei ng appealed. The request shall be given or mailed to the City Clerk. A hearing date shall be scheduled within ten (10) days from the receipt of the request for a hearing. Notice of the time, date, and place of the hearing shall be mailed by the City Clerk to the appellant and provided to the Director. At the time fixed for the hearing, the City Manager shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appellant and by the Director. Upon the conclusion of the hearing, the City Manager shall determine whether or not an accumulation of discards, solid waste, compostables,
recyclables, or recyclable commodities or breeding place or potential breeding place for flies, mosquitos, or rodents exists and whether or not the Director shall cause the abatement of such accumulation or breeding place or potential breeding place.
(e) Abatement. In the absence of a request for a hearing or upon the neglect or refusal of any violator to comply with the order to abate provided for in subsections (b) and (c) of this section within the time allowed, the Director shall cause such accumulation of discards, solid waste, compostables,
recyclables, or recyclable
commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents to be removed properly and disposed of by the City or by private contract, and the Director is hereby expressly empowered and authorized to enter upon the premises for such purposes as provided by law.
(f) Cost of abatement. When the City has effected the removal of such discards, solid waste, compostables, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as set forth in subsection (e) of this section, the owner or occupant of the property or the agent thereof shall be liable to the City for the costs of such removal and disposal. An itemized account of the cost of abatement including the actual expenses and cost of the City in the preparation of notices, staff inspections, and cost of preparing, printing, and mailing notices as required by this chapter, must be provided to the owners and/or persons maintaining the accumulation with a notice of the time when such costs shall be due and payable.
(g) The procedure set forth in this section shall not limit or restrict the City from enforcing this section or any other provision of this chapter in any other manner provided by law, including civil or criminal prosecution.
Sec. 6-3.09 Unlawful disposal.
The City Council may establish the manner in which integrated waste management services are provided within the City.
(a) Burning. It shall be unlawful at any time for any person, including a collector, to burn any discards, solid waste, compostables,
recyclables, or recyclable
commodities, within the City, without having first complied with all rules and regulations of the City, the County, the Air Pollution Control District, and the State. (b) Burying and dumping. It shall be unlawful at any time for any person, including a collector, to bury or dump any discards, solid waste, compostables, recyclables, or recyclable commodities within the City, except at an approved disposal area or 8 ORD. NO. 1332
permitted discards, solid waste, compostables, recyclables, or recy clable commodities processing or transfer facility, and then only in accordance with the rules and regulations governing the use of such disposal areas.
(c) It is unlawful for any person to place discards in or to otherwise use the discard containers of another person.
Sec. 6 -3.12 Placement of containers, bins, or roll -off drop boxes: Locations and times.
(a) General. No person shall place or cause to be placed any container, bin, or roll-off drop box on any sidewalk, street, road, highway, or alley at any place or in any manner other than as provided in this chapter. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety, or the environment, which may develop in any specific area as a result of discards collection, the Director may regulate the routes, intervals, delivery points, and times for collection by all collectors operating within the City.
(b) Time. No person shall place or cause to be placed any discards container, bin, or bundled discards on any sidewalk, road, street, or highway at any time other than on the day established for the collection of discards on the particular route or before 4:30 p.m. on the day immediately prior to such collection, or permit such container to remain thereon not later than 10:00 p.m. on the designated day of collection. (c) Storage. No person shall cause or permit containers or residential composting bins to be placed at any location whereby the containers or residential composting bins may be visible from private streets and public rights-of-way, unless located behind a side yard fence, gate, or wall except when placed out for collection as provided in Section 6-3.12(b).
(d) Location. Any container placed for collection along a street shall be placed at the street. No container shall obstruct the use of the public right -of-way. Any such container, bin, or roll-off drop box placed for collection in any alley shall be placed as close to the property line as practicable. Every business owner shall provide an accessible location for bins and roll-off drop boxes and shall keep said area in good repair, clean, and free from discards, solid waste, compostables, recyclables, or
recyclable commodities outside of the bins and roll-off drop boxes.
Sec. 6-3.14 Required collection.
(a) The owner, occupant, or other person responsible for the day -to-day operation of any property in the City shall make arrangements with a collector for the collection of discards generated at the property as set forth in this chapter.
The failure of any subscriber to promptly remit the service charges when due and payable shall entitle the collector to cease service to that residential or commercial location for which payment is due upon completion by the collector with appropriate notification procedures approved by the City.
9 ORD. NO. 1332
(b) Commercial premises shall utilize the services of a collector for the collection of discards from the commercial premises held or occupied by said commercial business owner and shall pay the fees for such services as approved by the City Council. No commercial business owner shall enter into an agreement for discards collection services with any person, firm, or corporation other than a franchised/licensed collector, except as otherwise provided in this chapter. (c) Single -Family Organic Waste Generators
shall participate in the City’s three-
container system for Source Separated Recyclable Materials, Source Separated Green Container organic materials, and Gray Container Waste collection services.
Generator participation in the collection programs requires that generators place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
Sec. 6-3.32 Violations
(a) Penalties. In addition to any other remedy provided by law, any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, issued a notice of violation and assessed a fine as set forth by resolution, or misdemeanor. (b) Recovery. Any fines fees or penalties imposed pursuant to this chapter which remain unpaid may be recovered by the City pursuant to the provisions of Chapter 2 of Title 1 of the Simi Valley Municipal Code.
(c) Remedies. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the City, and no judgment under this chapter shall preclude the City from obtaining relief based upon the same facts.
SECTION 2
. Severability. If any provision of this Ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
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SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 24th day of January, 2022
Attest:
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Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, Brian Paul Gabler, City Manager
City Attorney
Ronald K. Fuchiwaki
Public Works Director
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