ORDINANCE NO. 2018 - 03
AN ORDINANCE OF THE CITY COUNCIL
UPDATING AND REVISING CHAPTER 8. 28 OF THE VISALIA MUNICIPAL CODE
PERTAINING TO GARBAGE COLLECTION SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
SECTION 1 – Preamble and Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry.
The City Council of the City of Visalia hereby makes the following findings A. State Assembly Bill (AB) 939 establishes a waste reduction policy that mandates a 75% reduction in the amount of material disposed of in landfills.
B. State Assembly Bills, 341 and 1826 apply and mandate source separation, collection and disposal of recyclables (including organics) for commercial and multi - family properties disposed of at sites other than in landfills, and require local agencies to establish compliance and enforcement policies.
C. The current City Garbage ordinance 8.28 does not require recycling, or provide sufficient compliance and enforcement provisions to meet these new mandated recycling measures.
D. The current City Garbage ordinance 8.28 contains outdated or missing information in several sections.
SECTION 2 – Revisions to Municipal Code Chapter 8. 28. All sections in Visalia Municipal Code 8. 28 have been modified, moved or merged as described below, and four ( 4) new sections added. Chapter 8.28 of the Visalia Municipal Code is hereby repealed in its entirety and readopted with the following section changes and additions listed below and a copy of the revised Chapter 8.28 is attached hereto and made a part hereof by reference:
Current List of Sections New List of Sections
8.28. 010 Purpose and policy. 8. 28. 010 Purpose and policy.
8. 28. 030 Definitions. 8. 28. 020 Definitions
8. 28. 020 Authorization. 8. 28. 030 City Manager Authorization
8. 28. 040 Collection service requirements. 8. 28. 040 Garbage Collection Service
8. 28. 050
8. 28. 060
8. 28. 070
Container -- Usage.
Containers -- Types.
Placing containers for collection.
8. 28. 050 Minimum Service Requirements
8. 28. 040 paragraphs in 8. 28. 040 removed and
made its own section
8. 28. 060 Waste not Accepted by City
Not Included 8. 28. 070 Disabled Exemption
8. 28. 140 Establishment of rates, charges and
fees.
8. 28. 080 Establishment of Rates, Charges and Fees
Not Included 8. 28. 090 Ownership/Scavenging of Refuse or Rubble
8. 28. 060 Containers— Types, partial 8. 28. 100 Container Requirements
8. 28. 080 Special collection services. 8. 28. 110 Special Collection Services.
8.28.090 Special Hauling partial 8. 28. 120 Special Hauling
8.28. 090 Special Hauling partial 8. 28. 130 Roll - Off Box Franchised Permittee Requirements
8.28. 100 Temporary service. 8. 28. 140 City Provided Temporary Bin and Roll -Off Box Service
Not Included 8. 28. 150 Mandatory Commercial and Multi-Family Recycling SECTION 3 — Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption.
SECTION 4 — Ordinance Chapter Title. Chapter 8. 28 of the Visalia Municipal Code shall henceforth be titled Solid Waste Collection and Disposal.
SECTION 5 — Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not effect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance.
The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
PASSED AND ADOPTED: June 18, 2018
ATTEST:
RANDY GROOM. CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
W EN GUBLER, MAYOR
APPROV D BY CITY TTORNEY
I, Randy Groom, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2018 -03 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 18, 2018 and certify a summary of this ordinance has been published in the Visalia Times Delta.
Dated: p i $ RANDY GROOM, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
2 Requirements AB 341
Not Included 8. 28. 160 Mandatory Commercial and Multi - Family Organic Recycling Requirements AB 1826
8. 28. 130 Administration. 8. 28. 170 Administration
8. 28. 150 Fee collection. 8. 28. 180 Fee collection
8. 28. 160 Late charges. 8. 28. 190 Late charges
8. 28. 170 Means of collection of delinquent fees
including late charges.
8. 28. 200 Delinquent Fee and Late Charge Collection
8. 28. 110 Restrictions. 8. 28. 210 Restrictions
8. 28. 120 Enforcement. 8. 28. 220 Enforcement
SECTION3 — EffectiveDate. This ordinanceshall take effect thirty (30) days fromthe dateof adoption.
SECTION4 — Ordinance Chapter Title. Chapter8. 28 of the Visalia Municipal Code shall henceforthbe titled Solid Waste Collection and Disposal.
SECTION5 — Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phraseof this Ordinance, or its applicationto any personor circumstances, is for any reason heldto be invalidor unenforceable, such invalidityor unenforceabilityshallnot effectthe validity or enforceabilityof the remaining sections, subsections, subdivision, paragraphs, sentences, clausesor phrasesof this Ordinance, or its applicationto any other personor circumstance.
The City Councilof the Cityof Visalia hereby declaresthatit would have adoptedeach section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespectiveof the fact that any oneor more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
PASSED AND ADOPTED: June 18, 2018
ATTEST:
RANDY GROOM. CITY CLERK
STATEOF CALIFORNIA)
COUNTYOF TULARE ) ss.
CITY OF VISALIA )
W EN GUBLER, MAYOR
APPROV D BY CITY TTORNEY
I, Randy Groom, City Clerkof the Cityof Visalia, certifythe foregoingis the full and true Ordinance2018 -03 passedand adoptedby the Councilof the City of Visaliaat a regular meetingheldon June18, 2018 and certifya summaryof this ordinancehas been publishedin the Visalia Times Delta.
Dated: p i $ RANDY GROOM, CITY CLERK
By Michelle Nicholson, Chief DeputyCity Clerk
2 Visalia Draft Municipal Code Update June 4, 2018 Page 1 of 35 Sections:
Visalia, CA Municipal Code
Chapter 8. 28
SOLID WASTE COLLECTION AND DISPOSAL
8.28. 010 Purposeandpolicy.
8.28. 020 Definitions
8.28. 030 City Manager Authorization
8.28. 040 Garbage Collection Service
8.28. 050 Minimum Service Requirements
8. 28. 060 Wastenot Acceptedby City
8.28. 070 Disabled Exemption
8.28. 080 Establishment of Rates, Charges and Fees
8.28. 090 Ownership /Scavenging of Refuse or Rubble
8.28. 100 Containers Requirements
8.28. 110 Special Collection Services.
8. 28. 120 Special temporary Hauling
8. 28. 130 Roll - Off Box Franchised Permittee Requirements
8. 28. 140 City Provided Temporary Bin andRoll -Off Box Service
8. 28. 150 Mandatory Commercial andMulti - Family Recycling Requirements AB 341)
8. 28. 160 MandatoryCommercialandMulti - Family OrganicRecycling Requirements ( AB 1826)
8. 28. 170 Administration
8. 28. 180 Fee collection
8.28. 190 Late charges
8. 28. 200 Delinquent Fee and Late Charge Collection
8. 28. 210 Restrictions
8.28. 220 Enforcement
8. 28. 010 Purpose and policy.
The City of Visalia, in order to promote and protect the public and refuse worker health and safety and to reduce the danger and hazards of fires and conflagrations, reserves unto itself the exclusive right and power to collect, transport, and dispose of, or to authorize, regulate, permit and control said collections, transportation and disposition of all refuse and rubble produced or foundwithin thecorporatelimits of saidcity. (Prior code § 4030)
8. 28. 020 Definitions.
For the purpose of this chapter certain words and terms are defined as follows:
Visalia Draft Municipal Code Update June 4 2018 Page 2 of 35 Types of waste:
A. " Bulkywastes" meansandincludeslargeitemsofsolidwastesuchasappliances, furniture, large auto parts, trees, large branches, stumps, asphalt, concrete, large rock, and other oversize wastesof large size which precludes or complicates handling by normal collection or disposal methods.
B. " Commercial solid wastes" means and includes refuse generated by stores, offices, and othercommercialsources, excludingwastesfrom residentialsinglefamily andmulti - family with less than 4 units, and industrial wastes.
C. " Construction and demolition wastes" means and includes the waste building materials, packaging, andrubbleresultingfrom construction, remodeling, repair, anddemolition operations on pavements and structures.
D. " Garbage" includes:
1. All kitchen and table food waste and animal, fruit or vegetable waste that attends or results from the storage, sale, preparation, cooking or handling of food stuffs;
2. Uncleaned containers originally used for foodstuffs;
3. Consists of every accumulation of animal, vegetable, and other matter that attends the sale, preparation, consumption, dealingin or storageof meats, fish, fowl, birds, fruits or vegetables;
4. All other abandoned putrescible organic matter.
5. The term garbage does not include dishwater or wastewater.
6. The term garbage does not include dead animals, medical waste, hazardous waste, or householdhazardouswastewhich thecity will not collectwith its regularservice.
E. " Hazardous wastes" is defined as any waste with properties that make it potentially dangerous or harmful to human health or the environment. Hazardous wastes can be liquids, solids, or contained gases, and can exhibit the properties of being ignitable, corrosive, toxic or reactive to other chemicals or substances. They can be the by- products of manufacturingprocesses, discardedusedmaterialssuchasusedoil, or discardedunused products, such as paint, cleaning fluids ( solvents) or pesticides. Also includes any substance contaminated with hazardous waste, such as contaminated soil or dirt.
Hazardous wastes are not collected or accepted by City and must be disposed of at a properly licenseddisposal facility.
F. " Household Hazardous Waste" means leftover household products that contain corrosive, toxic, ignitable or reactive ingredients and includes products such as paints, cleaners, oils, batteriesand pesticidesthat containpotentially hazardousingredients. Improper disposal of these wastes can pollute the environment and pose a health threat. Household hazardous wastemay not be disposedof by pouringthem down the drain, on the ground, or into the storm sewersor by putting them in the trash. Household hazardouswastemay be disposed Visalia Draft Municipal Code Update June 4, 2018 Page 3 of 35 of properly by taking it to the Household HazardousWastecollection center during normal operating hours.
G. " Industrial wastes" means and includes all types of solid wastes that result from industrial processesand manufacturing operations. Industrial wastes do not include wastesdischarged to the sanitary sewer system.
H. " Infectious waste" is defined as refuse capableof causing infectious disease; items contaminatedwith blood, saliva, or otherbody substances, or thoseactuallyor potentially infected with pathogenic material.
Medical Waste" is defined as "any solid waste that is generatedin the diagnosis, treatment, or immunizationof humanbeingsor animals, in researchpertainingthereto, or in theproductionor testingof biologicals." This definition includes, but is not limited to:
1. blood - soaked bandages
2, culture dishes and other glassware
3. discarded surgical gloves
4. discarded surgical instruments
5. discardedneedlesusedto give shotsor drawblood (e.g., medicalsharps)
6. cultures, stocks, swabs used to inoculate cultures
7. removedbody organs (e.g., tonsils, appendices, limbs)
8. discarded lancets
J. " Oils" are defined asany mineral, vegetable, or synthetic substanceor animal or vegetable fats that are generally slippery, combustible, viscous, liquid or liquefiable at room temperatures, soluble in various organic solvents such as ether but not in water. Common oils include but are not limited to:
1. Petroleum or a petroleum derivative, such as engine oil or lubricants.
2. Oil based paints
3. Cooking oil or fat
4. Fuels such as gasoline or diesel fuel
K. " Organic waste" means all organic putrescible materials including food, leaves, grass, landscapingprunings, trimmings, branches, stumps, compostablepaper including food - soiled paper or cardboard products and other compostable paper. Organic wastes are included within the definitions for garbage and refuse as outlined in this section.
L. " Putrescible wastes" means and includes wastesthat are capableof being decomposedby micro - organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes and offal.
M. " Recyclable wastes" means residential, commercial or industrial solid waste, which includes but is not limited to clean CRV redeemable cans and containers, clean recyclable plastics, paper and cardboard and other such materials that are determined by the Director to be recyclable and are not soiled or deteriorated. Recyclable wastes do not include treated or painted wood or other materials that are coated with a toxic or non - compostable Visalia Draft Municipal Code Update June 4 2018 Page 4 of 35 substance. Recyclable wastes are included within the definitions for garbage, refuse and rubble, as outlined in this section.
N. " Refuse" includes organic and inorganic waste, recyclable waste and all other general material waste streams acceptable for collection except rubble ( defined below). Refuse does not include Hazardous waste, household hazardous waste, or other non - acceptable material.
O. " Residential wastes" means and includes all types of domestic refuse which originate in dwelling units.
P. " Rubbish" means all organic or inorganic materials, not defined herein as garbage or rubble, which are rejected, abandoned or discarded by the owners or producers thereof, as offensive or useless or no longer desired by such owners or producers. These materials include, but are not limited to, corrugated cardboard, paper, wood, rags, used clothing, discardedor abandonedbedding, discardedor abandonedcarpets, discardedor abandoned oil cloth and linoleum, sweepings, cuttings, or cleanings from buildings, yards, lawns or gardens, bottles, tin cans or containers which have no food residue, broken crockery and glassware, old metal, wire packing or wrappingmaterials, ashes, trimmings from lawns, shrubs, plants or trees, rope, twine, jute, bagging or burlap.
Q. " Rubble" means rocks, concrete, bricks and similar solid material; plaster, dirt and similar abandoned or discarded inorganic, noncombustible, non - putrescible materials; building construction or demolition waste materials; sod.
R. " Sod" is defined as soil with sometype of grassor plant growing in it, cut or dugup from the ground.
S. " Soil or dirt" is defined as the upper layer of earth in which plants grow, a black or dark brown material typically consisting of a mixture of organic remains, clay, and rock particles; dirt is loose soil.
T. " Solid Waste" meansany wastestreamthat is not in a completely liquid or gaseousstate.
Solid waste can contain some liquid, but cannot be in a state where the material may leak or run out of the container it is put in. Residential food waste should be drained of as much liquid aspossible before disposing in a container.
U. " Trash" means organic and inorganic refuse that cannot be recycled, composted, or otherwise reprocessed for beneficial use.
All Other Definitions:
V. " Automated lift container" means a container with a hinged lid that is designed to be lifted, dumped, andreturned by refuse collection vehicles that have amechanical lifting device.
W. " Authorized containers ": The term refers to the types of containersprovided by the City that are authorized to be used for refuse collection within the City. Authorized containers Visalia Draft Municipal Code Update June 4, 2018 Page 5 of 35 are96gallonor smallerautomatedlift containersprovidedby theCity for residentialrefuse collection. The Director must authorizein writing the useof any other type containerfor residential refuse collection. Refuse set out for collection in any unauthorizedor unapproved containers will not be serviced until the refuse is placed in an authorized container for collection.
X. " Bin" or " automated lift bin" means a metal or composite material 1 to 10 cubic yard container supplied by the city for a rental fee, approved by the Director for the deposit of refuse ( loose or compacted) which shall:
1. Have a close - fitting cover for each compartment;
2. Be leak -proof if carryingwet wastes;
3. Be freeof sharp, rough, orjaggedsurfacesor edgeslikely to causeinjury;
4. Usescastersor othermeansfor easymovement (for bins up to four cubic yardsin size);
5. Bedesignedin amannerto beemptiedmechanically.
Y. ` Bundle" meansa packagecontainingrubbishonly (noliquids), not exceedingfour feetin its longestdimension, two feetin diameternor twenty -five (25) poundsin weight, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage including, but not limited to, the following:
1. Tree limbs;
2. Brush and prunings;
3. Magazines and newspapers.
Z. " Cart" see " automated refuse containers" above
AA. " City" meansthe City of Visalia, California.
BB. " City council" meansthe city council of the City of Visalia.
CC. " City manager" meansthe city managerof the City of Visalia or the manager's authorized deputy, agent, or representative.
DD. " CommercialGenerator" meansanycommercialor industrialpropertythat generatessolid waste, or multi - family dwelling of 5 or moreunits.
EE. " Container" see " automated lift container" above.
FF. " County" meansthe County of Tulare, California.
GG. " Customer" means the person in whose name an account for solid waste service is established.
HH. " Delinquent balance" means fees which are not paid in accordance with the schedule established by the director as required by Section 4044(F). At the time the fees become delinquent, they shall constitute an unrecordedlien againstthe property.
Visalia Draft Municipal Code Update June 4 2018 Page 6 of 35 II. " Director" or " Public Works Director" means the director( s) of the department( s) responsiblefor carryingouttheprovisionsof this chapter, the City of VisaliaPublicWorks Department.
JJ. " Dwellingunit" meansabuildingorportionof abuildingarranged, intendedordesignedto beoccupiedby not morethanonefamily andhavingfacilitiesfor sleeping, eating, cooking and sanitary purposes.
KK. " Franchisedpermittee" meansa permittedentity that providesroll -off box servicefor the removal of construction and demolition material, yard waste, or recyclable material within theCityof Visaliaandis subjecttotheprovisionsof Section130of thisChapter.
LL. " Lien" meansthe delinquent balanceof billed fees which may be recordedor unrecorded.
MM. " May" is permissive.
NN. " Multiple family dwelling" meansa dwelling complex, suchas a duplex or apartment, consisting of more than onedwelling unit.
00. " Nuisance" meansanythingwhich is injurious to healthor is offensiveto the sensesor an obstruction to the free use of property so as to interfere with a person's comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhoodor any considerablenumber of persons, althoughthe extentof the annoyance or damageinflicted upon individuals may be unequal.
PP. " Overfull" meansfilled to a level in excessof the designedcapacity. A containershall be deemed overfull when the material therein extends above the lip of the container and/or the lid of the container is unable to close fully.
QQ. " Person" means any individual, partnership, corporation, association, or any other entity that owns, controls or occupies any property within the city.
RR. " Property" meanseach individual residential, commercialor industrial establishmentor dwelling unit, asdefinedby propertylines.
SS. " Roll - off box" means a large ( 10 cubic yards to 40 cubic yards) metal container approved by the Director for the deposit of refuse or rubble which shall:
1. Be leak -proof if carrying wet wastes;
2. Be freeof sharp, rough, orjagged surfacesor edgeslikely to causeinjury;
3. Have the ability to be coveredwith a tarpaulin, lid, or other suitablecovering;
4. Be compatibleto besafely lifted onto city roll -off trucks.
TT. " Shall" is mandatory.
UU. Standard containers. See " authorized containers."
VV. " Temporaryservice" meanslimited -termservicefor binsandroll -off boxeswhichmay be requestedfor a period not to exceed 30 days in any 12 -month period, unless authorized by the Director or his or her designee, and except for construction sites or work requiring a Mel
Visalia Draft Municipal Code Update June 4, 2018 Page 7 of 35 permit where temporary service may be required for longer periods of time or where longer terms are authorized in writing by the Director. ( Prior code § 4032)
8.28. 030 City Manager Authorization
The city manageris authorizedto delegateauthorityandexpendall necessaryresourcesin order to carry out the provisions of this chapter. The city manager and/or his or her designee is also authorized to:
A. Establish residential and commercial minimum service required to prevent accumulations of refuse and rubble which would lead to a threat to the health and safety of the citizens of the city;
B. Set policies and standards for efficient and effective refuse and rubble collection and disposal services;
C. Recommendto thecity council revisionsto feesandchargesfor regularservicewhich are needed to insure that all refuse and rubble collection, transport, and disposal costs, both direct and indirect, are met;
D. Setchargesfor servicenot specifiedin theratesadoptedby resolutionby thecity council; E. Enforce the rules and regulations contained in this chapter; F. For commercial accommodations or units under this chapter, the Director shall have the authorityto establishappropriateservicevariancesin applying this chapter. Suchvariance shall beat the sole discretion of the Director. ( Prior code § 4031)
8. 28. 040 Garbage Collection Service.
A. Subscription Required. Any and all person(s) as defined in this chapter in possessionor control of all places and premises within the city shall be required to use, and shall pay for refuse and rubble collection and disposal services provided by the city, as found by the Director to be necessaryto allow for removal of all refuse and rubble normally created, accumulatedor produced on the premisesduring the intervals betweenregular collections.
B. Storage of Refuse. It shall be the duty of every owner of any private dwelling unit, apartment house, flat, commercial or industrial establishment, restaurant, eating house, boarding house, or other building generatinggarbageas defined in Section 8.28.020 to provide, and at all times to keep within the building or on the lot on which the building is situated, sufficient automatic lift containers, bins and /or roll - off boxes to allow storage of all refuse and rubble normally accumulated on the premises during the intervals between regular collections without spillage, escapeof odors, fly breeding, or creation of any nuisance.
r-,
Visalia Draft Municipal Code Update June 4 2018 Page 8 of 35
1. Owners of any residential, commercial or industrial zoned property shall provide sufficient spaceon the propertyto storeall permanentservicecontainers, bins or roll - off boxesbeing usedto collect all wastestreamsgeneratedon the property (temporary servicebinsor boxesmaybe storedin anappropriatelocationon thestreetduringthe term of service as defined below in section 8.28. 140.13). a. Residential containersshall be stored on the property off the street during non- collection days and in a location where the containerscannot be easily viewed from the public right of way.
b. In order to maintain cleanliness, restrict public view, contain waste spillage and restrict access, all bins usedfor waste collection must be stored on the property in approvedenclosure(s) built to City standards, with a minimumof 40' clearancein front of the enclosure to allow direct stab accessby the collection trucks. Enough enclosure space shall be allocated to provide a minimum of one 10' -6" ( inside dimensions) wide storage area for each waste stream or bin on the property ( for example if trash, recyclables and organics are required to be separately collected on the property, three single enclosuresor one double enclosureand one single enclosure are required).
c. If the City determinesit is unfeasibleor unsafeto locatethe enclosure(s) on the propertyfor direct stab serviceaccessibility, at his or her discretion, the Public Works Director may authorize the execution of a written agreement with the property owner and recorded with the property, to allow the owner or tenant to roll the bin(s) out to the streetfor collection by 4am on servicedaysand roll them back in after collection. However, all bins are required to be storedon the property in enclosuresbuilt to City standardson non - servicedays.
d. Commercial and industrial roll -off box service shall be located on the property so as to provide a minimum of 40' clear space in front of the box or compactor to allow room for the truck to line up and load or unload the box/compactor. Drive path on the property from the public right -of -way to the roll -off box /compactorshall be constructed to withstand the weight of a 56, 000 lb. truck. e. Any exceptionsto the aboverequirementsmust be authorizedin writing by the Public Works Director or designee.
2. Owners or tenants of a property shall be responsible to maintain and clean/pick up any spillage or littering of refuse or rubble prior to the container, bin or box being serviced, regardlessof who causedthe spillage or littering.
Visalia Draft Municipal Cooe Update June 4, 2018 Page 9 of 35
3. Thecity reservesthe right to requirethe exclusiveuseof city - providedautomaticlift containers, bins, and/ or roll - off boxes for all regular refuse and rubble collection servicesprovided by the city.
C. SourceSeparationRequired. All residential, commercialandindustrialaccountsin thecity, except those specifically exemptedin this chapter or in writing by the Public Works Director, must source separate their recyclable waste and organic waste, and place each type in a separate container designated for that specific type of collection.
Contamination. No personmay mix refuse and rubble of one type in a collection container designated for another type, except as otherwise provided in this Chapter. A violation of this section shall constitute an infraction, and result in the contaminated container(s) being left unserviced, with a tag placedon the containerdescribingthe violation andwhy the containerwas left unservicedandnotifying the customerof any actions or fines being assessed. Customer is required to correct the contamination issue prior to the containerbeingserviced. Repeatedinstancesof contaminationmay result in higher service fees to service the contaminated container.
2. CurbsideSpecialProgram. Residentialaccountsin good standingare providedthree 3) curbside special collections in any given 12 -month period. Each curbside special collection may consist of servicing one (1) standardresidential containerof any type, or upto 10itemsor bundles. Looseitemsor bundlescannotmeasuremorethan48" long on any side, and cannot weigh over 25 pounds. Each loose item must be able to be lifted and carried by one person, and each container or loose item must conform to the content restrictions as listed in section 8.28. 060. A.
8. 28. 050 Minimum Service Requirements
A. Manner of Subscriptionand Payment. The owner of the property is ultimately responsible for ensuring each property /dwelling unit owned subscribesto and pays for minimum serviceasdefined in this section. Non - paymentby a tenantor lesseefor servicesrendered can be cause for the tenant' s account to be closed and sent to collections in the tenant' s name, and the property address \account to then be placed in the property owner' s name with the property owner receiving the account billing and held responsible for payment going forward. This condition will continue for a minimum of 3 yearsbefore the account canagainbeplacedin atenantor lessee'snamefor billing and /or payment.
B. Prior to occupancy, aproperty owner or tenantmustestablishappropriateutility servicefor the property, including solid waste services. Failure to do so is a violation of this chapter.
City reservesthe right, at the solediscretionof the Director, to establishutility servicefor the property in either the tenant or property owner's name and to make such service effective as of date of occupancy, as determined by the Director.
Visalia Draft Municipal Code Update June 4 2018 Page 10 of 35 C. Failure of a tenantto establishserviceprior to occupancymay, at the solediscretionof the Director, result in City establishingutility servicefor the propertyin propertyowner's name, effective asof date of occupancy, as determinedby the Director.
D. Minimum Container Service, single family residential.
1. Prior to January1, 2019, onesplit containerfor trash andrecyclable material and one undivided container for organic waste shall be the minimum refuse service for each dwellingunit or eachunit of a multiple dwellingunit complex, not to exceedthree units, unless authorized by the Director. The Director may authorize or require alternative automatic lift container services to be shared by two units of a multiple dwelling unit complex or mobile homepark.
2. BeginningJanuary1, 2019, onecontainerfor trash, onecontainerfor recyclables, and one container for organic wastesshall be the minimum refuse service for each dwelling unit or each unit of a multiple dwelling unit complex, not to exceed three units, unless authorized by the Director. The Director may authorize or require alternative automatic lift containerservicesto besharedby two units of a multiple dwelling unit complex, or mobile home park.
3. Each business permitted to operate at a residential single family property address herein referred to as " home business ") and that generates waste shall have its own waste service separate from the residential waste service. Home business waste servicesmaybeeitherresidentialcontainerserviceor commercialbin service, butin no case shall be less than 1 bin or container ( or split bin or container for two waste streams) per waste stream, serviced a minimum of one time per week, as determined by a waste assessment.
a. If there is little or no measurable waste generated by the home business as determinedby a wasteassessmentandthecustomerrequestsa waiverin writing to theDirector, theDirectormaywaive therequirementfor wasteservicefor thehome businessand/or allow the existingresidentialserviceto be sharedby the residence and the business.
E. Minimum Service - Commercial, Industrial and Multi Family ( 4 or more units). Minimum servicefor all commercial andmulti - family units 4 units or more shall be determinedby a waste stream assessmentconducted with the customer either on site or remotely by City staff. A waste assessment will determine the volume of demand for each waste stream generated on site, and the appropriate bin size and service frequency required to accommodate each of the generated waste streams in order to remove all waste generated on site in a timely mannerandnot allow wasteto accumulateor becomeanuisance.
Visalia Draft Municipal Code Update June 4, 2018 Page 11 of 35
1. In the event a determination is made that the site does not generate enough waste to warrant bin service, or where bin service would be impractical or unfeasible, the Director may grant an exception and allow residential containers to be used for the service, but in no case shall minimum service be less than one ( 1) residential container for each waste stream generated on site.
F. Frequency of Collection.
Serviceto residentialsingledwelling units andmultiple dwelling unit complexesshall be at the rate of a minimum of one collection per week for each container type ( split, greenwaste, trash or recyclable).
2. Bin or box serviceto multi - family complexesexceeding3 units, boardinghouses, hotels and motels, restaurants, and all other commercialestablishmentsgenerating garbage shall be at the rate of a minimum of one collection per week, and bin/ box size and service frequency shall be sufficient enough to accommodate the waste streams generatedon site, unless otherwise authorized by the Director.
G. Where a curbside recyclable waste collections program, or other special collection program asauthorized by the city is implemented, the Director has the authority to designatesome of the collections identified in Section 8. 28. 040 through Section 8.28. 070 to be used exclusively for sucha program.
H. The owners of all premises upon which refuse or rubble is produced or accumulated shall subscribe for service as herein required and shall be given the type and frequency of service, according to the rates set forth by the city council, that will, in the opinion of the Director, cause all refuse and rubble to be removed from the premises, so there will be no accumulation, collection and keeping of the same, on the premises to the detriment of public health and /or convenience.
1. The City reservesthe right, upon notice to the primary accountowner, to increasethe number, bin size and /or frequency of service on an account if it is determined that the current level of service is insufficient to accommodate the waste stream(s) being generated, or if the compactor or box is repeatedly overfull or overweight at current service levels.
8. 28. 060 Waste Not Accepted by City.
A. Wastesthat will not be collectedby the city, exceptas provided in subsectionE, include but may not be limited to the following:
1. Ammunition or other explosive or combustible materials;
2. Dead animals;
Visalia Draft Municipal Code Update June 4 2018 Page 12 of 35
3. Hazardous waste;
4. Hot ashes;
5. Infectious waste;
6. Medical Waste;
7. Oils;
8. Soil or dirt.
B. Certain wastesshall not be collectedby the city in automatedlift containers, exceptas providedin subsectionE, including. but not belimited to thefollowing:
1. Axles;
2. Brick;
3. Building blocks;
4. Concrete;
5. Heavy machinery parts;
6. Large appliances;
7. Rocks;
8. Soil or dirt;
9. Sod.
Thesewastesmaybeplacedin anappropriateroll -off box or bin for collection.
C. Overweight Loads:
Heavymaterialplacedin binsor roll -off boxescannotexceedtheallowablegrosstransport weight for the trucks. Overweight bins or boxes will not be serviced until they are reduced to anallowableweightby the customer. Maximumroll -off box weight shall not exceed seven (7) tons. All loads must not exceed established Department of Transportation ( DOT) requirements on road weight limits.
D. The city shall not collect hazardouswastesor infectious wastes, either aloneor mixed with other matter which would normally be collected, unless the city establishes specific collection services for such wastes that meets all applicable state and federal rules and regulations.
E. Certainwastelisted undersubsectionsA and B of this sectionmay be collected aspart of special collection services as established by the city.
8. 28. 070 Disabled Exemption.
Notwithstanding any other provisions of this chapter or any other provisions of the city code to the contrary, an exemption from placing a container at the curb as described in Section
8.28.100Cmay be made, upon approval of an application to the Director, to certain serviceusers.
If approved, a " pack out' service will be provided free of charge, where the operator will roll the Visalia Draft Municipal Coae Update June 4, 2018 Page 13 of 35 containers out from the house, service them and roll them back ( containers cannot be in garages or behind fences). The requester must attest and provide verifiable documentation that:
A. They are physically unable to place a full waste container at the curb ( must provide a doctor's note attesting that individual is physically unable to place refuse containers curbside or roll them back after service), AND
B. They can demonstratefinancial inability to subscribeor pay for assistancein moving a container to the curb, as determined by the current standards for household low income thresholdsby the California AlternativeRatesfor Energyprogram (CARE). This can be done by providing a copy of the most current year signed IRS tax form or copies of the last three (3) employers pay stubs, AND
C. There is no other able bodied person living or staying more than 2 hours a day during the week at the address or available that is physically able to place a full waste container curbside.
The Director is authorized to set standards, terms and conditions for said exemptions. The exemptionprovidedfor in this sectionshallbe appliedfor on a form providedby the city and will allow the recipient to receive in -yard service exempt from the applicable curbside " packout" fee asestablishedby resolutionof thecity council. Customersnot qualifyingfor anexemption but still desiring to have their containerspacked out must apply for the service and pay the applicablefee for the service as setforth and approvedby City Council in the City' s Ratesand Fees.
8. 28. 080 Establishment of Rates, Charges and Fees.
Notwithstandingany provision of this chapteror any otherprovision in the Municipal Codeto the contrary, except as outlined in Section 8.28.030C, the rates, charges and fees for regular service establishedor provided for in this chapter shall be establishedby resolution of the city council. Feesfor extra or special serviceshall be setby the Director. (Prior code § 4043)
8. 28. 090 Ownership / Scavenging of Refuse or Rubble.
A. All refuseor rubble placedin containersdesignatedfor refuseor rubble providedby city or franchised permittee shall be consideredowned by and be the responsibility of the city, or franchised permittee. Without permission of the city or franchised permittee, no person shall be allowed to remove waste or materials placed in such a container.
B. All materials placed in recyclable materials containers provided or owned by the generator, shall be considered owned by and be the responsibility of that generator until the material is placed at a city or franchised permittee' s designated point of collection, or in containers as described below on Section 8. 28. 100.
1 Visalia Draft Municipal Code Update June 4 2018 Page 14 of 35 C. It shall be unlawful for any personto engagein the businessof collecting, removing or transporting, or otherwiseorganizeor directthecollection, removalor transportationof any recyclable materials without first registering as a franchisee with the City.
D. Any personviolating any of the provisionsof this sectionor failing to complywith the mandatoryrequirementsof this sectionshallbeguilty of a misdemeanor. At thediscretion of the enforcementofficer, the violation may alternativelybe chargedasaninfraction or an administrative code violation.
8.28. 100 Container Requirements
A. Container -- Usage.
1. The city hasdeterminedthat automaticlift containerservicewill betheregularservice for all singledwelling units andmultiple dwelling unit complexes (threeunits or less), except where such service, in the opinion of the Director, is impracticable or not feasible. The Director hasthe authorityto requireautomaticlift containerserviceat any refusecollection serviceaccountwithin the city, where suchdesignationwill benefit the city throughmore efficient andeconomiccollection services. Thecity will provide automatic lift containers, unless otherwise authorized by the Director, to all accounts where such service is required.
2. Containers, including automatic lift containers, bins andboxes provided by the city, and container /bin enclosures shall be kept in a sanitary condition by property owners and persons in possession or control thereof.
a. Containers, including automaticlift containers, bins andboxesprovidedby the city shallnot be overfilled by the user. A containershallbe deemedoverfull when the material therein extends above the lip of the container and /or the lid is unable to close fully.
b. Overfilled containers may not be serviced if, in the opinion of the solid waste operator, servicing of the container could likely result in solid wastematerial being spilled to the ground or damage to the waste collection equipment. If an overfilled container was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.
The customermust remove any excessmaterial prior to the containerbeing serviced and may call to rescheduleservice, if required. A fee for additional service shall apply and shall be determined by the Director.
3. Ashes placed in containers, bins or boxes shall be wet down thoroughly by owners at leastoneday prior to placingthem in a containerfor collectionas a protectionto city employees and city equipment.
Visalia Draft Municipal Coue Update June 4, 2018 Page 15 of 35
4. Except for foodwaste placed in an organics collection container, bin or box, all wet refuse must be bagged.
5. Any boxes, barrels, packing or wrapping materials, or empty cardboardcontainersleft upon any public street, alley or sidewalk within the city continuously for a period of six hoursor more shall be deemedto be abandonedby the ownersand constituterubbish within the meaning of the term as used in this chapter and shall be subject to be collected and disposedof by the city pursuant to the provisions of this chapter. Cost of disposal shall be charged to the owner.
6. TheDirector maypermitcontainersof different capacitywhen, in his or heropinion, it is impossible or impracticable, because of location, construction or other physical characteristics of the premises, to comply with the capacity limitations outlined in this chapter; provided further, that in the eventthe Director sodetermines, the Director may impose suchconditions as he or shemay deem necessaryto, or convenientupon, the use, location, collection, andphysicalcharacteristicsof anysuchcontainers.
7. It is unlawfulto have, store, deposit, or keepanywastewhereratsor anyotherdisease vector can have access thereto or feed thereon. ( Prior code § 4034) B. Containers -- Types.
It is unlawful to keep, place, or deposit garbageon any private groundsor premiseswhatsoever, except in containers as designated in this section.
1. Automatic Lift Containers.
a. Only the city- authorized automatic lift containers may be used in automatic lift container service areas.
2. Bins.
a. The city will collect appropriately designed commercial compactor bins which have a capacity not exceeding 40 cubic yards.
b. Non -city provided compactor bins must be compatible with city collection equipment andtheir usemust be approved in writing by the Director. c. The city will provide all non - compactor bins with a capacity of two, three, four, six, eight or ten cubic yards for an appropriate rental fee. Additional bin sizes may be available with Director approval. Privately owned or private hauler provided bins are not authorizedfor anywastestreamor servicecollectedby the City. d. Bins, exceptfor six cubic yard andhighercapacitybins, mustbe on rolling castersfor easy mobility unless, upon approval of the Director, they are located where city collections equipment can easily accessthe bins. Bin and enclosure locations shall be as directed by the city.
Visalia Draft Municipal Code Update June 4, 2018 Page 16 of 35 e. For collection, the area surrounding the bins, the enclosure and the accesspath to the bins or enclosuresmust be clearedof obstaclesthat may block or impair the ability to service the bins. Bins must not be overfull or overweight. In addition, any accessgates that would prevent servicing the bin must be opened, or keys or codesprovided to the City. The bin shall be placedsuchthat a minimum of two feet of spaceis availableon all sides.
f. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.
The customer must call to schedule additional service, if required. The fees for additional service shall be determined by the Director.
3. Boxes ( Roll - Off).
a. The city will provide regular collection service to customers who own or rent commercial compactor roll -off boxes compatible with city collection equipment. All boxes not rented from the city must be approvedby the Director prior to obtaining service.
b. All locations for boxes must be approved by the Director. c. Boxes shall not be filled abovethe top so that they can be easily tarped. Overfull boxes will not be collected.
d. Gross vehicle weight for roll - off trucks cannot exceed 52, 000 pounds. The maximum safe load weight ( material only) to avoid being overweight is seven (7) tons. Boxes which, when filled, exceed the weight limits for gross vehicle weight and individual axle weights establishedby the state, will not be collected unless and until the excess material and weight is reduced to a safe legal limit by the customer. Additional fees andchargesmay be incurred for additional trips and /or service. e. For collection, the areasurroundingthe box must be clearedof any obstaclesthat may block the box, and the rear doors of the box must be securely closed. In addition, any gates that would prevent servicing of the box must be opened or a key or gate code provided to the City. A clearance of forty ( 40) feet is required in front of the box to enable collection.
f. If the box was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a collection fee shall be charged.
The customer must correct the noncompliance and then call to schedule additional service, if required. The fees for additional service shall be determined by the Director.
C. Placing Containers for Collection
All regular residential container collection will be provided from the curb. Certain commercial bin and roll -off box service may be authorized by the Director to be collected Visalia Draft Municipal Cooe Update June 4, 2018 Page 17 of 35 at other locations. The Director has the authority to determine what sizes of automatic lift containers will be used at any and all locations.
1. Container(s) for receiving garbage, rubbish or waste matter must be placed for collection only in the gutter area of a street, not in alleys, on the sidewalk, on a footpath, or on any other public place andonly in accordancewith rules andregulations established under this chapter for the collection of same.
2. Unless otherwise specifically provided in this chapter, any person occupying property upon which refuse or rubble is produced shall place the refuse and /or rubble out for collection in an approved or City provided container, bin or roll -off box. Any container( s) placed for curbside collection shall be placed in the gutter so as to minimize interference with traffic.
3. The handlesof automatic lift containersshall beplacedwith the handlesawayfrom the truck ( toward the sidewalk) for collection. For collection, automatic lift containers shall be within one foot of the curb, two feet from obstructions such as fences, posts and mailboxes, and ten feet from parked cars, boats, trailers, portable sports equipment, and similar obstructions. If there is more than one automatic lift container, then the containers shall be placed at least two feet apart.
4. Containersshall be placed at ground level and shall be locatedsuchthat they will not be apublic nuisance, impedetraffic, or be in any degreeoffensive.
5. Automatic lift container(s), andanyother containersasauthorizedby the Director, shall be placedfor collection no earlierthan sevenp.m. standardtime or eightp.m. daylight savingstime, the evening prior to the scheduledcollection day, and must be available for collection at curbside no later than six a.m. on the day of collection. The container or containers shall be removed from the curb no later than sevenp.m. on the day of collection. Bins and roll -off boxes placed curbside for collection ( except for temporary service) shall meet the time requirement as authorized above, exceptthat they must be available for collection no later than four a.m. on the day of collection, unless otherwise authorized by the Director. Temporary service bins and roll -off boxes may be left at the curb for the term of service.
6. All bins ( except for temporary service), when not placed out for collection, must be kept on the property in appropriate enclosures meeting design specifications issued by the Director, or in locations approvedby the Director.
7. It shall be an infraction to have permanent service containers, bins or boxes placed in such a manner that they are easily visible from public right -of -way on days of no scheduled collection. The Director may extend a waiver of this provision upon application from the property owner. A violation of this section shall constitute an infraction. ( Prior code § 4036)
Visalia Draft Municipal Code Update June 4, 2018 Page 18 of 35
8. 28. 110 Special Collection Services.
The city may establisha separateand specialcollection servicefor recyclablewastes, including organic wastes, and establish specific guidelines for such service, which are consistent with the rules and regulations contained within this chapter. The city may also establish or authorize a recyclable waste processing franchise(s) to separate out and process separately collected recyclable wastes.
A. It is an infraction to place anything other than recyclablematerials, as defined by the Director, into recycling collection containers.
B. Recyclable Material. Unless otherwise provided by contract, recyclable materials, including but not limited to paper, glass, cardboard, plastics, ferrous metal, aluminum, and other waste materials which are segregated for the purpose of recycling and placed in authorized containers at the designated collection location, may not be removed by anyone other than the city or authorized collection agent of the city.
C. The city may provide special collection services for collection of refuse in excess of amounts normally collected or at a time other than the normal scheduled route, and for special, hard -to- handle, and /or bulky wastes. The fees will be based on the cost of providing the services.
D. The city may provide refuse and rubble collection service outside the city limits according to service schedules and for fees as prepared by the Director and approved by the city council and the county. ( Prior code § 4037)
8.28. 120 Special Hauling.
Except as provided in Section 8.28.130 below, any owner of any premises may contract only with the city for specialhaul servicefor theremovalof refuseor rubble in residentialcontainers or commercial bins or boxes, except construction, demolition, tree trimming and yard maintenance contractors may remove rubble and/ or recyclables produced as a result of their contract service if transported in equipment owned by the contractor, and only upon receiving authorizationin writing from the Director for removal of constructionrubble andrecyclables.
A. In addition to the required minimum refuse services as determined in section 8.28. 050 above and provided by the City or its authorized designee, an owner or occupant of any premises may self -haul refuse and rubble generated on their premises to an appropriate county disposal site, another city- designated sanitary fill site, hazardous waste collection site, or organics or recycling collection facility. The owner or occupant is, however, still required to maintain minimum City provided refuse services as defined in section 8.28.050 above, andpayall associatedfeesfor the serviceasestablishedby the city.
Visalia Draft Municipal Code Update June 4, 2018 Page 19 of 35 B. All refuse and rubble hauled by any person (or firm) over public streetsin the city shall be securelycoveredduring hauling thereof so asto preventleakage, spillage, or blowing. No person shall allow refuseor rubble of any kind whatsoeverto leak, spill, blow or drop from any vehicle onto any public street within the city. The cost of cleanup associatedwith any such spillage shall be borne by the owner of the vehicle transporting the material.
8. 28. 130 Roll - Off Box Franchised Permittee Requirements.
Any owner of any premises may contract with a franchise permittee for removal of construction and demolition and or recyclablematerials collected in roll -off boxes or compactorsonly.
Additionally, any provider of construction, demolition and yard maintenance services may contract for roll - off box services with a franchise permittee for removal of construction and demolition and/or recyclables generated as result of their services. The Director may issue a franchise permit to contractors to provide services pursuant to this section subject to the following conditions and limitations:
A. Franchise Permit. A franchise permit must be acquired before any roll -off bin services can be provided within the city limits. The franchise permit shall be for the duration of one year. It may be renewed annually provided the permit holder has complied with all terms and conditions of this section.
B. Reporting. All franchise permittees will be required to report quarterly. The report shall include a listing of all boxes in the franchise permittee' s inventory by serial number and size, the location of each box in service in the City limits, what type of material the box is collecting, how many times each box has been emptied during the reporting period, and tonnage of each load.
C. FranchiseFee. All franchisepermitteeswill berequiredto pay a quarterlyfranchisefeeat the time they submit their quarterly report. The private contractorwill pay twenty -five dollars ($25.00) per roll off box per empty that was placed in service during the reporting period. In January of every year there will be an increasein the franchise fee per empty basedon the consumerprice index. (U.S. CPI -U) Feesaredue to the city by the fifteenth of April, July, October andJanuary.
D. Franchise Fee Exceptions. There shall be no exceptions granted to the franchise permit and fee requirement, except as granted by the Public Works Director on a case -by -casebasis.
The franchise fee and franchise permit process shall not apply in instances involving a hauler paying personsor entities to obtain recyclable materials as provided for in this section. The hauler must provide proof of payment to the Public Works Director for each roll off box in service. Without submitting proof of payment for materials collected, the hauler will be presumed to be in violation of the franchise fee requirement.
Visalia Draft Municipal Code Update June 4 2018 Page 20 of 35 E. Inspection. All franchise permittee equipment utilized to perform the services authorized by the franchisepermit shall be subjectto inspectionby the Director or the Director's delegated representative. All such equipment shall meet state regulations and requirements andbe inspectedasrequiredby suchregulations. It shall be maintainedin goodworking order. Such equipment, other inspection reports and maintenance records shall be subject to inspectionby the Director or the Director's representativeat any time upon reasonable notice.
F. Roll -Off Boxes. All roll -off boxes utilized to provide the services authorized by the franchise permit shall meet city specifications and be identified with a unique serial number. The city shall be provided all vehicle identification licenseplate numbersfor vehicles used to transport construction, demolition and recyclable waste. Roll - off boxes must be covered while transporting to prevent materials from blowing out along public streetsor otherwise escaping from such vehicle.
G. Proof of Insurance and Business License. The franchise permittee shall provide copies of required vehicle insurance, worker' s compensation insurance, comprehensive general liability insuranceandevidenceof businesslicense.
H. Record Maintenance. The franchise permittee shall maintain records of all demolition, construction and/ or recyclable materials hauled pursuant to the permits granted under this section. Such records shall indicate where such demolition, construction and /or recyclable materials were disposed. Records must be kept for a period of at least five years and shall, upon reasonable request, be made available to the Director or Director' s delegated representative for inspection.
I. Right to Audit. The Director or Director' s delegated representative may conduct an audit of the franchise permit holder' s records upon reasonable notice. The purpose of such audit will be to determine that the franchise permittee has complied with all the provisions of this section with respect to hauling demolition, construction and /or recyclable materials. Such audit may alsobe for the purposewhetherthe franchisepermit holder haspaid the requisite franchisefees asmandatedby the provisions of this section.
J. City Right to Revoke Franchise Permit. The Director may revoke the franchise permit provided under this section for failure of the franchise permit holder to comply with the terms andconditions of this section or make required franchise fee paymentsto the city. In the event the Director determines that the franchise permit holder has failed to comply with the terms of this ordinance or to make the requisite franchise fee payments, the Director shall notify the franchise permit holder of his or her intention to revoke the permit in writing at leastfifteen (15) daysprior to suchrevocation. The franchisepermit holder may request a hearing before the Director to contestthe proposedrevocation of the permit and present evidence to support his or her position. After the conduct of such hearing the Visalia Draft Municipal Coae Update June 4, 2018 Page 21 of 35 Director shall makea written finding with respectto the revocation of the franchisepermit which determinationshall befinal. The Director mayalsodeterminenot to renewapermit if he or she finds that the permit holder has been in violation of the terms and conditions of this sectionor hasfailed to pay the franchisefees asrequired by this section.
K. Each franchised permittee shall provide information to each of its customers about recycling servicesasfollows:
1. Types of recyclable materials accepted, the location of recycling Containers, and the customer' s responsibility to recycle pursuant to this section. This information shall be distributedto all customersannually;
2. All new customers shall be given information and instructions upon establishment of service with the franchised permittee; and
3. All customers shall be given new information and instructions upon any change in recycling service.
8. 28. 140 City Provided Temporary Bin and Roll -Off Box Service The city may provide temporary bin and roll -off box service for residential accounts or areas upon application for such service, and upon a finding by the Director that regular service would not be appropriate. Temporary service may be authorized for short-term, intermittent refuse and /or rubble collection needs. Temporary service shall not be authorized to replace regular, minimum service.
A. Length of Service. Except for verified permitted construction projects, temporary bin or roll -off servicewill not be authorizedfor a period longer than 30 dayswithin any given 12 month period, unlessauthorizedby the Director or his or her designee. This is to minimize unsightly appearance, opportunity for illegal dumping and/or scavenging and congestion/loss of parking that temporary bins or boxescan causein a neighborhood.
B. Priorit . Temporary service requestsareacceptedon a first -call, first - servicebasis.
C. Location. Bins provided by the city for temporary service shall be placed for curbside collection no later than four a.m. on the morning of scheduledcollection. The bin shall be placed such that a minimum of four feet of space is available on all sides of the bin so the bin may be serviced. The bin shall not be overfull or overweight. If the bin was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee shall be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service.
I ^,
Visalia Draft Municipal Code Update June 4 2018 Page 22 of 35 D. TemporaryRoll -off Boxes. For collection, the areasurroundingthe box must be clearedof any obstaclesthat may block the box, and the rear doors of the box must be securely closed. The box shall not be overfull or overweight. In addition, any gates that would preventservicing of the box must be opened, or a key or gatecode suppliedto the City. A clearanceof forty (40) feetis neededin frontof theboxto enablecollection. If thebox was scheduled for collection and it could not be collected due to noncompliance with the provisions of this section, a minimum collection fee will be charged to the account of the customer. The customer must correct the noncompliance and then call to reschedule collection service. ( Prior code § 4039)
E. Responsibility. It will bethe responsibilityof thepersonrentingthe temporarybin or box to ensure that the container;
1. Does not create an unsightly or unsafe environment around the containerin the neighborhoodwherethe containeris placedor being used. Complaintsfrom the public about the container or its contents may be causefor the City to remove the container andnot allow temporary bin or box rental at that location.
2. Does not become over full or have rubble or rubbish placed, dropped or scattered around the container. The area around the container shall be kept clean and free of debris at all times.
3. Is not subject to or available for illegal dumping or scavenging. It will be the responsibilityof the personrenting the temporarybin or box to properly collect and disposeof any materials illegally dumped, scavengedor scatteredin or around the bin or box.
8. 28. 150 Commercial and Multi - Family Recycling Requirements A. Each generator of commercial solid waste or multi - family dwellings of 5 or more units, referred to herein as a " Commercial generator" shall be responsible for ensuring and demonstratingits compliancewith the requirementsof this section. Nothing in this section shall preclude any person from self- hauling recyclable materials generatedby that person to a recycling facility.
B. Commercial Generator Self -haul. A Commercial generator may transport recyclable materials generatedat its businessor property to a recycling facility only if the Commercial generator completes its activity by utilizing a vehicle owned by either the Commercial generator or generator's employee. This self -haul exemption does not include contracting with a third party to transport the recyclable materials except as permitted herein. A self - hauler must retain on -site a self - hauling form certifying that all self - hauling activities will be completed in accordance with this section or any other applicable law or regulation. The Visalia Draft Municipal Code Update June 4, 2018 Page 23 of 35 self - hauling form shall be made available to the Public Works Director or designeeupon request. At a minimum, the Commercial generator shall provide the following information on the self - hauling form:
1. The name, address and telephone number of the Commercial generator' s representative that will be signing the self - hauling form.
2. A list of the types of recyclable materials that are being transported.
3. For each type of recyclable material, the amount that is being taken from the Commercialgenerator's businessor propertyto a recycling facility on a quarterlybasis.
4. The name and addressof the recycling facility.
5. A written statement, signedby the Commercial generatoror representative, certifying that the generator is in compliance with the requirements of this Section. a. The Public Works Director or designeemay restrict or prohibit self - hauling by a Commercial generator if it is determined that after providing notice and an opportunityfor a hearing, the Commercialgenerator's self - haulingactivitiesviolate the provisions of this section or any other applicable law or regulation.
C. On - site Practices.
1. Each Commercial generator shall use separate and readily identifiable containers to collect and store recyclable materials and shall designate areas to collect and/ or store recyclable materials.
2. Each Commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials are collected and/or stored that specify the materials to be recycled and how to recycle such material.
3. Each Commercial generator shall notify and instruct employees or tenants in writing of applicable recycling requirements, including outreach and training on what materials arerequired to be recycled and how to recycle such material. A copy of such instruction or training materials shall be provided to the Public Works Director or designeeupon request.
D. All recyclable materials shall be placed for collection in City provided or approvedcovered containers. No container shall be loaded beyond its capacity. It shall be the Commercial generator's responsibility to keep the containersused for the storageand collection of recyclable material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance.
Visalia Draft Municinal Code Update June 4 2018 Page 24 of 35 No recyclable material shall be allowed to become odoriferous or a producer of vermin.
Lids on containers shall remain closed at all times while stored or placed for collection.
The Public Works Director is specifically authorized to promulgate rules and regulations regardingany and all recyclablematerialcontainersincluding organiccontainersand as related to the recyclable materials to be placed therein, the placement and maximum weight of high- density materials for collection andthe proper useof containers.
E. Required Collection of Recyclable Materials. Each commercial generator shall arrange for the collection of recyclable material through one of the following methods:
1. Utilize the recycling services of city; or
2. Enter into a written service agreement with a franchised permittee or enter into a written service agreement with recycling business that pays the commercial generator for recyclable materials collected and is exempt from city franchise requirements.
Should the commercial generator choose to enter into an agreement with a franchised permittee, the commercial generator shall be responsible for verifying that the franchised permittee holds a valid business license with the City and is a permitted franchisehauler within the City limits; or
3. Self haul recyclable materials generated on site; complete and retain on - site a self - haulingform certifying thatall self - haulingactivitieswill becompletedin accordance with thisordinanceor anyotherapplicablelaw or regulation. A copyof suchform shall be available to the Public Works Director upon request.
4. Each commercial generatorentering into a written service agreementwith a franchised permittee or self - hauling recyclable materials shall ensure all recyclable materials are source separated.
5. Recyclingserviceagreementsandall otherrecyclingdocumentsshallbe availablefor inspectionby the Public Works Director or designeeat the principal location of the Commercial generator's business, Commercial facility, special event, or non - residential property during normal business hours.
6. Each commercial generator shall ensure that recyclable materials generated at the Commercial generator's site will be taken only to a recycling or composting facility or make other arrangements to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. Commercial generators shall not dispose of, or arrange for disposal of recyclable materials by placement in a landfill except in an emergencysituation, or when no viable markets or recycling facilities are available, as determined by the Public Works Director. Further, all Commercial generators are encouragedto considerrecycling additional materials, whether or not they have been specificallydesignatedby thePublic WorksDirector.
Visalia Draft Municipal Cone Update June 4, 2018 Page 25 of 35 F. Commercial and multi - family recycling exemption. The following shall be exempt from the requirements of this section:
The State of California, a special district or other local public agency other than the City, as defined, or any employee thereof, when collecting or transporting recyclable materialsproduced by operation or systemof the entities describedabove.
2. Municipal corporations and governmental agencies other than City using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the City.
3. A Commercial generator shall be exempt from the requirements in this section if the business, commercial facility or non - residential property:
a. generates less than 4 cubic yards of commercial solid waste per week. This exemption does not apply to special events unless the Commercial generator demonstrates to the Public Works Director that the event will produce less than the threshold amount; or
b. demonstrates to the Public Works Director that there is no collection service or other system available for such materials; or
c. demonstrates to the Public Works Director that there are no recyclable materials being generated by any activities in the Commercial generator's business, commercial facility, or non - residential property; or
d. demonstrates, through a site visit required by the Public Works Director, that either:
There is inadequate storage space for automatic lift Containers, bins or roll - off boxes for recyclable materials on site and that it is infeasible for the commercial generator to share automatic lift Containers, bins or roll - off bins for recyclable materials with a another Commercial generatoror an adjoining property; or
ii. Compliance with this section will result in a violation of zoning codes or City regulations for minimum parking spaces.
iii. If, after reviewing the site, the Public Works Director determines that it is feasible for recycling Containers to be placed either on -site or shared with an adjoining business or property, then the Commercial generator will not be exempted from these requirements and will be responsible for full compliance with this section.
Visalia Draft Municipal Code Update June 4 2018 Page 26 of 35 e. demonstrates to the Public Works Director that there are no viable markets or recycling facilities available, as determined by the Public Works Director or designee.
G. If the Commercial generator seeks an exemption, an application for such exemption shall be submitted in writing to the Public Works Director. After reviewing the exemption request, and after an on -site review, if applicable, the Public Works Director may either approve or disapprove the exemption request.
H. A violation of this section shall constitute an infraction.
8. 28. 160 Mandatory Commercial andMulti- Family Organic RecyclingRequirements Each generatorof commercial solid waste or multi - family dwellings of 5 or more units, referred to herein as a " Commercial generator" shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. Nothing in this chapter shall preclude any person from self - hauling organic waste generatedby that person to an organic waste or compost facility.
Commercial generator self -haul. A generator may transport organic waste generated at its business or property to an organic waste recycling facility only if the Commercial generator completes its activity by utilizing a vehicle owned by either the generator or generator's employee. This self -haul exemption does not include contracting with a third party to transport the organic waste. A self - hauler must retain on -site a self - hauling form certifying that all self - hauling activitieswill be completedin accordancewith this sectionor any other applicablelaw or regulation. The self - hauling form shall be made available to the Public Works Director or designee upon request. At a minimum, the Commercial generator shall provide the following information on the self - hauling form:
A. The name, address and telephone number of the Commercial generator' s representative that will be signing the self - hauling form.
A list of the types of organic waste that arebeing transported.
2. For each type of organic waste, the amount that is being taken from the Commercial generator's businessor propertyto anorganicwastefacility on aquarterly basis.
3. The name and addressof the recycling facility.
4. A written statement, signed by the Commercial generator or representative, certifying that the generator is in compliance with the requirements of this Section.
Visalia Draft Municipal Coue Update June 4, 2018 Page 27 of 35 B. ThePublic Works Directormayrestrict or prohibit self - haulingby a Commercialgenerator if the PublicWorks Director determines, after providing noticeandan opportunityfor a hearing, that the Commercial generator's self - hauling activities violate the provisions of this section or any other applicable law or regulation.
C. On -site Practices.
1. Each Commercial generator shall use containers to collect and store organic waste and shall designate areas to collect and /or store organic waste.
2. EachCommercialgeneratorshallprominentlypost andmaintainone or more signsin maintenance or work areas or common areas where organic waste are collected and/ or stored that specify the materials to be recycled and how to recycle such material.
3. EachCommercial generatorshall notify andinstruct employeesor tenantsin writing of applicable recycling requirements, including outreach and training on what materials arerequired to be recycled andhow to recycle suchmaterial. A copy of such instruction or training materials shall be provided to the Public Works Director or designee upon request.
D. All organic waste shall be placed for collection in City provided or approved covered containers. No container shall be loaded beyond 2/3 full to prevent spillage during servicing. It shall be the Commercial generator's responsibility to keep the containers used for the storage and collection of organic waste generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. No organic waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection. The Public Works Director is specifically authorized to promulgate rules and regulations regarding any and all organic waste containers including as related to the organicwasteto beplacedtherein, the placementand maximum weight of high- density materials for Collection and the proper use of Containers.
E. Required collection of organic waste.
1. Each commercial generator shall arrange for the collection of organic waste through one of the following methods:
a. Utilize the recycling services of city; or
b. Enter into a written service agreement with a franchised permittee. Should the Commercial generator chose to enter into an agreement with a franchised permittee, the Commercial generator shall be responsible for verifying that the franchised Visalia Draft Municipal Code Update June 4 2018 Page 28 of 35 permittee holds a valid business license with the City and is in compliance with this ordinance; or
c. Complete and retain on -site a self - hauling form certifying that all self - hauling activities will be completed in accordance with this ordinance or any other applicable law or regulation. A copy of such form shall be provided and made available to the Public Works Director upon request.
2. Each Commercial generatorentering into a written service agreementwith a franchised permittee or self - hauling organic waste shall ensure all organic waste is source separated and contamination kept to a minimum.
3. Any recycling serviceagreementand otherrecycling documentsshallbe availablefor inspection by the Public Works Director or designee at the principal location of the Commercial generator' s business, commercial facility, special event, or non - residential property during normal businesshours.
4. Each Commercial generator shall ensure that organic waste generated at the Commercial generator's site will be taken only to a recycling or composting facility or make other arrangements to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. Commercial generators shall not dispose of, or arrangefor disposalof organicwasteby placementin a landfill exceptin anemergency situation, or when no viable markets or recycling facilities are available, as determined by the Public Works Director. Further, all Commercial generators are encouragedto consider recycling additional materials, whether or not they have been specifically designatedby the Public Works Director.
F. Commercial and Multi - Family Organic Waste Recycling Exemption. The following shall be exempt from the requirements of this section:
1. The State of California, a special district or other local public agency other than the City, as defined, or any employee thereof, when collecting or transporting organic wasteproduced by operation or system of the entities described above.
2. Municipal corporations and governmental agencies other than City using their own vehicles and employees engaged in the Collection, transportation or disposal of organic wastewithin the boundaries of the City.
3. Prior to January 1, 2019, a business, Commercialfacility or non - residentialproperty generating less than 4 cubic yards of organic waste per week. This exemption does not apply to special events unless the Commercial generator demonstratesto the Public Works Director that the event will produce less than the threshold amount.
Visalia Draft Municipal Code Update June 4, 2018 Page 29 of 35
4. Onor afterJanuary1, 2019, abusiness, Commercialfacility or non - residentialproperty generatingless than 4 cubic yards of total refuseper week. This exemption doesnot apply to special events unless the Commercial generator demonstrates to the Public Works Director that the event will produce less than the threshold amount.
5. A Commercial generator may not be required to source separateorganic waste if:
a. the Commercial generator demonstrates to the Public Works Director that there is no collection service or other system available for such materials; or b. the Commercial generator demonstrates to the Public Works Director there is no organic waste being generatedby any activities in the Commercial generator's business, commercialfacility, or non - residentialproperty; or. c. there are no viable markets or recycling facilities available, as determined by the Public Works Director.
d. it is determinedthrough a site visit conductedby the Public Works Director or designee, that either:
i. There is inadequate storage space for automatic lift containers, bins or roll - off bins for organic waste on site and that it is infeasible for the Commercial generator to share automatic lift containers, bins or roll - off bins for organic wastewith aCommercialgeneratoror anadjoiningproperty; or ii. Compliance with this section will result in a violation of zoning codesor City regulations for minimum parking spaces.
iii. If, after reviewing the site, the City Manager determines that it is feasible for recycling containers to be placed either on -site or shared with an adjoining business or property, then the Commercial generator will not be exempted from these requirements and will be responsible for full compliance with this section.
G. If the Commercial generator seeks an exemption, an application for such exemption shall be submittedon a form prescribedby the City Manager. After reviewingthe exemption request, and after an on -site review, if applicable, the Public Works Director may either approve or disapprove the exemption request.
H. A violation of this section shall constitute an infraction.
8.28. 170 Administration.
ME
Visalia Draft Municipal Code Update June 4 2018 Page 30 of 35 Theadministrationof this chapteris the responsibilityof thePublic WorksDirector or his or her designee. The Director shall have the authority to establish rules and regulations required to enforceor carryout theprovisionsof this chapter. TheDirector, anyof his or herstaff authorized by the Director, andsuchotherpersonsasmay be authorizedby the PublicWorksDirectorare authorized to enter any restaurant, hotel or other public place, or yard or out building to determine compliance with the provisions of this chapter. ( Prior code § 4042)
8. 28. 180 Fee collection.
A. Billing for refusedisposalservice, andpaymentthereof, shall be to andby the person residingat a locationor to theownerof thepropertyasstatedin section8.28.050if atenant does not pay. City may require proof of residency prior to opening account and may require a deposit prior to service. Deposit fees must be set and adopted by the Visalia City Council. Upon written application by the property owner of tenant - occupied property, billing andpayment may be to andby eachproperty owner.
B. The date charges for service begin to accrue for refuse service is the date occupancy begins, or the date the bill is transferred to the owner, or the date utility service is activated in occupant' s name, whichever is earliest.
C. If a prepayment or deposit is collected but not entirely used for service, the city may automatically preparea refund; however, it shall be the responsibility of the billing party to apply for the refund.
D. Service chargesshall be calculated on a monthly basis. Service missed as a result of non- compliance with this chapter can be rescheduled for a fee. Service missed as a result of an error by the city can be rescheduledby the customer; however, the monthly service charge will not be adjusted.
E. Schedulesfor billing, payment due datesand delinquency schedulesshall be determinedby the Director. The schedule shall allow at least fifteen ( 15) days for payment prior to considering the unpaid balancedelinquent.
F. At the discretion of the city, service on accounts may be stopped or reduced to a minimum as a result of delinquency. The total dueon all accountsunder the control of the party and a restart fee may be required prior to reinstatement of the necessaryor desired service level.
G. Fees for service may be billed through more than one account on more than one billing system. Balances for eachproperty or each billing period may be transferred within the city billing systemsto ensure collections, or to minimize the service and administration costs of billing.
Visalia Draft Municipal Code Update June 4, 2018 Page 31 of 35 H. The city may, at the Director' s sole discretion, approve of a temporary suspension in residential service if the residential property will be vacant for a period of not less than three months. A written application for a temporary suspension of residential service must be submittedby the propertyowneror tenanta minimumof ten workingdaysprior to the effective dateof the suspension. Upon approval, all City containersat the propertywill be removed on the effective date of the suspensionand utility service will be terminated for the duration of the temporary suspension. Customer is responsible for all fees accruing to the account prior to the effective date of the temporary suspension of service, without regard to whether the property was occupied prior to the effective date. The Director shall have the authority to establish a fee for the cost of removal and delivery of containers associatedwith a suspension of service. No temporary suspension of service is established for commercial or industrial businesses. ( Ord. 2000 - 18 §§ 1 ( part), 2 ( part), 2000: Ord. 9615 § 2, 1996; prior code § 4044)
8. 28. 190 Late charges.
For refuse collection and disposal service charges, as defined in Section 8.28.080, remaining unpaid balances, which are deemeddelinquentaccordingto the scheduledefined in Section E, there may be addedand collected herewith a latechargeassetby resolution of the City Council, and any such unpaid charge, together with the late charge shall bear interest at the rate as set by resolution of the City Council until paid. (Ord. 2000 -18 §§ 1 ( part), 2 ( part), 2000: prior code § 4045)
8. 28. 200 Delinquent Fee and Late Charge Collection.
A. At the time the fees for owner - occupiedproperty becomedelinquent, or feesfor properties that are not owner- occupied but are being billed to the owner become delinquent until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be consideredanunrecordedlien againstthe businessnameand /or owner of the business.
B. Once a year, the City Council may cause to be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearingthe report and receive any objections or protests thereto.
C. The Council shall cause notice of hearing to be mailed to the landowners listed on the report not lessthan ten days prior to the dateof the hearing.
D. At a hearing the Council shall hear any objections or protests of landowners liable to be assessedfor delinquent fees, including late charges and administrative fees, as set by Visalia Draft Municipal Code Update June 4 2018 Page 32 of 35 resolution of the City Council. The Council may make revisions or corrections to the report asit deemsjust, afterwhich, by resolution, thereportshallbeconfirmed.
1. The delinquent fees set forth in the report as confirmed shall constitute special assessmentsagainstthe respectiveparcelsof land andare a lien on the propertyfor the amount of such delinquent fees including late charges.
2. A certified copy of the confirmedreport shall be filed with the countyauditorfor the amountsor the respectiveassessmentsagainst the respectiveparcelsof land as they appear on the current assessment roll.
3. The lien( s) created attaches upon recordation, in the office of the county recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation.
4. The assessmentmay be collectedat the sametime andin the samemanneras ordinary county ad valorem property taxes are collected and shall be subject to the same penaltiesandthe sameprocedureand salein caseof delinquencyasprovided for such taxes.
5. All laws applicable to the levy, collection and enforcement of county ad valorem propertytaxes shall be applicableto such assessment; except, that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquentfees, as confirmed, relating to suchproperty shall be transferredto the unsecured roll for collection and recorded in the name of the prior property owner following city policies andprocedures.
E. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau.
F. In addition or in the alternative, and at the option of the city, the city may file a civil action for the collection of any amountsdue andunpaid. This remedyshall be cumulative and in addition to the remedyof meansof enforcingpaymentof the sum requiredto be paid by this chapter stated in subsection 8.28. 180A through subsection F of this section. ( Ord. 2000 - 18 §§ 1 (part), 2 ( part), 2000: prior code § 4046)
8. 28. 210 Restrictions.
Visalia Draft Municipal Cooe Update June 4, 2018 Paee 33 of 35 A. It is a misdemeanorfor anypersonto bury refuseat anyplacewithin the city, or to keep, place or deposit refuse on any public or private grounds or premiseswhatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted.
B. It is an infraction to create, causeor addto any refuse accumulationnot placedfor regular or special collection, or to cause the attraction or collection of insects or rodents.
C. It is an infraction to use more service, or causethe city to provide more servicethan is subscribed to.
D. It is aninfractionfor anypersonto burngarbageor rubbishatanytimewithin thecity.
E. It is a misdemeanor to deposit refuse or rubble into containers, bins, or roll - off boxes which are not assignedto the property at which the refuse or rubble is generated.
F. It is amisdemeanorto depositor userefusefor lot filling or levelingpurposes.
G. It is an infraction for any person, firm, corporation or associationto permit anymanureto accumulate on premises under his, her, or its control in such manner or such extent as to give rise to fly breedingconditionsor objectionableodorsuponany public highway, street or alley or upon any premises within the city.
H. It is a misdemeanorfor any person, firm, corporation or association or any agent or employee thereof, to hinder, threaten, impede or obstruct any City refuse collector in the performanceof their duty asdefined in this chapter.
I. It is an infraction for any persons, other than the city or the city' s designee, to collect or remove recyclable or salvageable materials placed by any person in a bag or container labeledfor usein connectionwith a recyclingprogramsponsoredby the city.
J. It is a misdemeanor for any person to collect refuse, waste paper refuse, or rubble within the city or transport samethrough the streets, alleys, and public ways in the city unlesssuch personhasbeenauthorizedin writing to do soby contract or otherwiseby the Director or by statelaw. Nothing hereinshall beconstruedto prohibit any personfrom haulingrefuse, waste paper refuse, or rubble which has been produced on the premisesactually occupied by the personsin his/her own vehicle, by himself /herself or an employee, or asoutlined in Section 8.28. 120. This provision does not apply to voluntary or charitable efforts to collect refuseor rubble for the benefit of the community.
Visalia Draft Municipal Code Update June 4 2018 Page 34 of 35 K. It is an infraction to place anything other than the specific recyclable material types, as definedby the Director, into sourceseparatingrecycling collection containers, bins or boxes, including organic collection containers.
L. It is a misdemeanorto dispose of any waste prohibited in Section 8.28.060 into city collection containers, bins or boxes. It is the responsibility of the property owner to dispose of suchwasteproperly. If prohibitedwasteis includedin anycity authorizedautomaticlift container, bin or box, it shall be deemed contaminated and shall not be collected. It shall be the responsibility of the property owner to properly dispose of the waste in containers, boxes or bins deemed contaminated. If an authorized container, automatic lift container, bin or box, including prohibited wastesis inadvertently collected by the city, at the time the city identifies the prohibited wastes, the city shall identify where the prohibited waste originated. The entire truck load shall be considered contaminated. It shall be the responsibilityof thepropertyownerandgeneratorwho disposedof theprohibitedwasteto properly disposeof the entire contaminatedload of refuseand rubble and to cover any related costsincluding, but not limited to, ensuringthat equipmentthat was in contactwith the prohibited waste is safe and decontaminated.
M. It shall be an infraction to mix refuse and rubble of one type in a collection container designated for another type, except as otherwise provided in this Chapter N. Any otherviolationof this chaptershallbeaninfractionunlessspecificallynotedandin the alternativemay beprosecutedasanadministrativecodeviolation of theVisalia Municipal Code. ( Prior code § 4040)
8. 28. 220 Enforcement.
This chapter shall be enforced as a health and safety measure to prevent the nuisances of refuse accumulations and disposition, including odors, insect or rodent attractions, smoke problems or odor problems. The city council finds that each and all of the above specified conditions constitute a public nuisance, and are unlawful, in violation of this chapter, and subject to immediate abatement by any officer of this city. Any costs associated with enforcement and abatement which the city incurs may be charged to the offending party or property owner for reimbursement. Criminal penalties for violations are described below. Alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedure described in Chapters 1. 12 and 1. 13 of the Visalia Municipal Code.
A. Any person convicted of a misdemeanorunder this Article shall bepunishedby:
1. A fine not to exceed five hundred dollars ($ 500.00) and/or thirty ( 30) days in the county jail for a first violation;
Visalia Draft Municipal Code Update June 4, 2018 Page 35 of 35
2. A fine not exceedingone thousanddollars ($1,000.00) and /or ninety (90) daysin the countyjail for a secondviolation of this chapterwithin oneyear; and
3. A fine not exceedingonethousanddollars ($1,000) and/or six monthsin thecountyjail for eachadditional violation of this chapter within one year. Each day that a violation continues shall be regarded as a new and separate offense.
B. Any personconvictedof any infraction of this chaptershallbe punishedby:
1. A fine not exceedingfifty dollars ($50.00) for a first violation;
2. A fine not exceeding one hundred dollars ($ 100. 00) for the second violation of this chapter within one year; and
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapterwithin one year. Eachday a violation continuesshall be regardedasa new and separate offense. ( Prior code § 4041)