HomeMy WebLinkAboutOrd 1998-2764ORDINANCE NO. 2764
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 8.24 OF THE CHULA VISTA MUNICIPAL CODE TO,
ELIMINATE SUSPENSION OF SOLID WASTE SERVICE FOR
SMALL GENERATORS, CLARIFY MANDATORY PARTICIPATION
AND STANDARDS FOR EXEMPTION FROM SOLID WASTE
SERVICE, ESTABLISH MAXIMUM PENALTIES AND COLLECTION
PROCEDURES FOR FAILURE TO PAY FEES AND MAKE THOSE
CHANGES REQUIRED TO CONFORM WITH THE NEW
DEFINITIONS ADOPTED WITH GRANTING OF THE FRANCHISE
AGREEMENT
WHEREAS, the City of Chula Vista currently has a mandatory participation requirement
for solid waste and recycling service and although service is mandatory, the current provision
does not contain any enforcement mechanism or penalty for non-participation; and
WHEREAS, Pacific Waste Services and Staff estimate that up to 10 percent or 3,500
of the City's solid waste generators do not pay for weekly solid waste and recycling collection
service or comply with the existing Chula Vista Municipal Code (CVMC) requirements
regarding an exemption; and
WHEREAS, the failure of more than a few generators to participate in the solid waste
program increases costs for the majority of rate payers; and
WHEREAS, staff recommends that Council adopt the proposed Ordinance which
amends the Municipal Code as follows: 1) eliminates suspension of service for small
generators, 2) clarifies the criteria for an exemption from participation in the City's mandatory
waste and recycling services 3) provides the City and franchise agent with penalties sufficient
to encourage proper participation and timely payment, 4) provides the City with the authority
to place a lien on the property tax roll to collect any unpaid fees for participation under the
existing mandatory solid waste program, 5) establishes minimum notification requirements
prior to assessing penalties or implementing a lien procedure, and 6) makes certain
modifications to the chapter so that it conforms with the adoption of the solid waste franchise
agreement.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION h That Chapter 8.24 of the Chula Vista Municipal Code is hereby amended
tO read, in its entirety, as follows:
Chapter 8.24
SOLID WASTE AND LITTER
Sections:
8.24.010
8.24.020
8.24.030
Purpose and intent.
Definitions.
Accumulation of materials constituting a fire hazard prohibited.
Ordinance 2764
Page 2
8.24,040
8.24.045
8.24.050
8.24.060
8.24.070
8.24.080
8.24.090
8.24.100
8.24.110
8.24.120
8.24.130
8.24.140
8.24.150
8.24.160
8.24.170
8.24.180
8.24.190
8.24.195
8.24.200
8.24.210
8.24.220
8.24.230
8.24.240
Solid Waste-Disposal in public places prohibited.
Solid Waste generated off site-Placement in city Solid Waste and litter
containers-Prohibited.
Solid Waste-Disposal on private property prohibited-Exception.
Owner or occupant responsibility to maintain sanitary premises.
Solid Waste-Collection prohibited when-Burning prohibited.
Solid Waste-Containers approved for residential use.
Solid Waste-Placement in containers or bundles- Restrictions.
Solid Waste and refuse-Placement of containers for collection- Times.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Intentionally Omitted.
Payment of Solid Waste and Recycling collection charges.
Reduced residential Solid Waste collection charges.
Mandatory recycling for exemptions and reduced rate customers
Interference with collection and scavenging prohibited when.
Littering-By private persons prohibited where.
Littering-By corporations or persons prohibited where.
Owner or occupant duty to keep sidewalks free of litter.
Intentionally Omitted.
8.24.010 Purpose and intent
The city council finds that the accumulation, storage, collection, transportation, processing
and disposal of Solid Waste is a matter of public concern, in that improper control of such
matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect
breeding, rodent infestation and other problems affecting the health, welfare and safety of the
residents of this and surrounding cities. The city council further finds that the minimum
weekly collection of Solid Waste from all residences and places of business in the city benefits
all occupants of residences and businesses within the city. Accordingly, the collection of
Solid Waste in the city is a mandatory service, shall not be discontinued and all owners and
occupants as defined in Section 8.24,060 are made liable for the payment of such fees as
may be approved from time to time by the city council. The city council further declares that
the regulations provided in this chapter are designated to eliminate or alleviate such public
health and safety concerns, and provide minimum standards for the accumulation, storage,
transportation and processing of Solid Waste.
8.24.020 Definitions
For the purpose of this chapter, the definitions contained in Chapter 8.25, Section 8.25.020,
shall govern unless the context otherwise requires or indicates.
Ordinance 2764
Page 3
8.24.030 Accumulation of materials constituting a fire hazard prohibited.
It is unlawful for any person to create or allow to be created, or maintained upon any premises
in the city, owned or controlled by such person any accumulation of materials that are
dangerous as fire menace or hazard.
8.24.040 Solid Waste-Disposal in public places prohibited.
It is unlawful for any person to place, dump, deposit or throw any Solid Waste including but
not limited to: plastic, glass, metal, paper, Green Waste, other food waste, automobile parts
or other Solid Waste or liquid wastes of any kind or character whatsoever upon or along the
right-of-way of any public highway, street, lane, alley or other public place within the
corporate limits of the city.
8.24.045 Solid Waste generated off site-Placement in city trash containers-Prohibited.
City Solid Waste and litter containers are placed in city parks, at bus stops and other public
areas for the use of the public to control litter and Solid Waste which is generated at or near
the location where the Solid Waste containers are located; they are not to be used as disposal
sites for Solid Waste which is generated off site except as defined as Incidental Waste in
Chapter 8.25.020 of the Chula Vista Municipal Code. Therefore, it is unlawful for any person
to place, dump, deposit or throw away Solid Waste of any kind or character whatsoever other
than Incidental Waste in city litter or Solid Waste containers if such was generated at a
location other than where the Solid Waste or litter container is located.
8.24.050 Solid Waste-Disposal on private property prohibited-Exception,
It is unlawful for any person to place, dump, deposit or throw away any Solid Waste other
waste discards of any kind or character whatsoever, upon any private property adjacent or
abutting upon any public highway, or public place, or upon any private property whatsoever,
within the corporation limits of the city unless such person first obtains the written permission
of the owner of such property so to do. It is further unlawful for such person to deposit or
place such materials in any Solid Waste container owned or used by the owner of such
property unless such person first obtains the written permission of the owner so to do. This
section is not intended to preclude a person from disposing of waste generated at a business
in containers provided for customers of the business such as empty food containers being
placed in public waste containers at a fast food restaurant.
8,24.060 Owner or occupant responsibility to maintain sanitary premises.
Every owner, tenant, occupant or person owning or having the care and control of any
premises in the city shall keep said premises or those under his/her care and control in a clean
and sanitary condition and no person shall permit any Solid Waste or any other substance
which may be or will become offensive to be deposited or to remain in or upon any premises
owned or occupied by him or under his care and control except as otherwise expressly
permitted by this Chapter. It shall be the responsibility of such person to provide for weekly
Ordinance 2764
Page 4
scheduled Solid Waste collection service by means of the city's contract or franchise agent
and pay for such services pursuant to this Chapter. However, that any such person subject
to the mandatory requirement may remove or convey their own waste to a state permitted
landfill or transfer station by applying to for an exemption in writing in advance and receiving
such exemption pursuant to section 8.24.180. Any dispute as to such exemption may be
appealed to the city manager.
8.24.070 Solid Waste-Collection prohibited when-Burning prohibited.
A. No person shall collect, remove or convey, or cause or permit to be collected, removed
or conveyed, any residential, commercial or industrial Solid Waste upon or along any public
street, alley or any other public place in the city; provided however, the prohibitions of this
section shall not apply to authorized employees of the city, or to any person or firm or
employees thereof, with whom the city or a local school district has entered into a contract
or franchise for the collection, removal or disposal of Solid Waste, or to the occupant or owner
of any residence from personally removing their own Solid Waste from said residence or
commercial establishment or as may otherwise be permitted or required by federal or state
laws that legally supersede the provisions of this Chapter. Occupants or owners removing or
conveying their own waste shall comply with the provisions of this Chapter and all local state
and federal regulation regarding the safe transportation and disposal of wastes.
B. It is unlawful for any person to burn or bury any Solid Waste as a means of disposing
of said waste.
8.24.080
Solid Waste-Containers approved for use by Small Generators ( single-family
residential and small businesses and Large Generators for Solid Waste, Yard
Waste and Recyclables.
A. It is unlawful for any Small Generator in a residential area to keep or store any Solid
Waste within containers except those which are tapered gradually, decreasing in diameter
toward the bottom of the container, made of metal or plastic with metal or plastic covers and
handles, and which containers shall be watertight and fly-proof and shall not exceed forty
gallons in capacity. Small Generators may also use containers provided by the city, its
contract or franchise agent as part of their optional service.
B. Large Generators shall utilize containers provided by the city contract or franchise
agent. Compactor containers or other receptacles provided by Large Generators such as
commercial and industrial customers must be approved by the city contract or franchise agent
for compatibility with collection equipment before use. Use of incompatible compactors or
other containers is not allowed and the purchase or lease of such equipment will not be
considered grounds for an exemption from mandatory service.
C. Further, every person having the care or control of any place or premises within the city
where Solid Waste accumulates or exists shall cause such Solid Waste to be placed and kept
in such water tight containers, with lids securely fitted, and in a number adequate to contain
the total amount of Solid Waste accumulating during the maximum allowed one week interval
between each collection or removal thereof.
Ordinance 2764
Page 5
8,24.090 Solid Waste-Placement in containers or bundles- Restrictions.
All Solid Waste shall be kept within sturdy containers made of metal or plastic, and no Solid
Waste shall be placed in any container so that it protrudes or extends beyond such containers.
Containers shall also have tight fitting lids sufficient to keep out the rain and prevent litter.
Every owner, tenant, occupant or person having responsibility for premises shall provide and
maintain the number of rigid containers and lids sufficient to separately hold their weekly Solid
Waste, and Yard Waste. Yard Waste and other Designated Recyclables shall never be placed
for collection in plastic bags. The weight of any empty container for a Small Generator shall
not exceed fifteen pounds; the weight of any fully loaded container shall not exceed sixty
pounds. Cardboard containers shall not be used as Solid Waste containers and should be
emptied, broken down and placed at the designated collection location for collection with
recyclables.
The following actions are approved for Solid Waste by Small Generators (single family
residential and small businesses with curbside collection service):
Use of plastic or paper bags manufactured expressly for waste storage,
securely tied with wire, plastic or string, and of such thickness and bursting
strength to resist puncture and tears. Grocery and shopping bags are not
permitted;
Newspapers and/or flattened cardboard boxes should be placed outside
containers (for recycling) if they are stacked and securely tied with natural fiber
twine into bundles of not more than forty pounds in weight;
Brush and limbs of trees may be p~aced outside of Yard Waste containers tied
with natural fiber (compostable) twine into bundles of not more than four feet
in length, eighteen inches in diameter and forty pounds in weight;
Any person desiring to receive different, additional, or more frequent service
may do so through the contract or franchise agent, on mutually agreeable terms
and conditions by contacting the contract or franchise agent at least two days
before their regular refuse collection service day.
Color coded and specially marked containers will be provided upon request by
the city contract or franchise agent for used oil, oil filters, and Designated
Recyclables at no charge. Color coded and specially marked containers for Yard
Waste and Solid Waste will be provided at the residents option and require a
monthly rental fee established in the Maximum Rate Schedule.
B. The following actions are prohibited for residential customers:
Use of severely damaged containers or containers with jagged or sharp edges
(said containers will be appropriately tagged by contract or franchise agent first
time noted and will be collected by contract agent if used subsequently to being
so tagged).
Placement of Hazardous or Toxic Wastes such as solvents, paints, pesticides,
fuels, explosives and medical wastes at the Designated Collection Location for
Ordinance 2764
Page 6
collection by the city or any contract or franchise agent(s). This prohibition is
not intended to exclude the door-to-door collection of any Hazardous Waste by
appointment, by a contract licensed by the city and permitted by the State
Department of Toxic Substances or the County Environmental Health
Department.
Placement of construction and demolition waste at the Designated Collection
Location for service by the city contract or franchise agent which may resist
compaction or damage equipment such as large metal objects, concrete blocks,
dirt or tires. This prohibition is not intended to prevent a resident from making
an appointment for free bulky pick-up, free used oil and filter collection or
contracting with the city contract or franchise agent for a temporary bin for
construction debris, metals, yard waste and source separated recyclable
materials.
Deposit of Solid Waste or any other material in waste containers intended for
use by, or belonging to others.
5. The disposal of Designated Recyclables in Solid Waste containers.
Enforcement
Generators that fail to place Solid Waste, Recyclables or Yard Waste out for
collection in proper containers or fail to properly separate recyclables will be
tagged with a notice and provided with proper instructions.
Repeated violation of proper set out and/or separation after notification by the
city or it contract or franchise agent will subject the violating person to a
penalty of up to $10 per incident. That penalty will be assessed as part of the
regular Solid Waste disposal bill and will be subject to the same payment an
collection procedure provided in Section 8.24.180 thereof.
An additional fee of ten dollars will be added to the bi-monthly or monthly
service fee to restart service for any owner/occupant that discontinues service
prior to receiving an exemption under 8.24.180.G.
8.24.100 Solid Waste-Placement of containers for collection-Times.
No Solid Waste shall be placed for collection in an alley or on the curb or the streets before
six p.m. on the day immediately prior to the scheduled collection day. No person shall permit
Solid Waste containers to remain on the street or alley after eight p.m. of the collection day.
Collection point shall be in front of the residential property at the curbline or as close thereto
as possible without creating an obstacle on the sidewalk. All Solid Waste placed at such
collection points shall be deemed a request for service by the city's contract or franchise
agent.
8.24.110
8.24.120
8.24.130
[Intentionally Omitted).
[Intentionally Omitted[
[Intentionally Omitted[
Ordinance 2764
Page 7
8.24.140
8.24.150
8.24.160
8.24.170
[Intentionally Omitted]
[Intentionally Omitted]
[Intentionally Omitted]
[Intentionally Omitted]
8.24.1
A.
C=
80 Payment of Solid Waste collection charges-Penalty for Delinquency.
Payment Obligation. The city council finds and determines that the regular collection
of Solid Waste, Yard Waste and Designated Recyclables and the disposal or processing
thereof by the contract or franchise agent of the city from all places in the city is a part
of the integrated solid waste management service to the premises from which it is
collected. All owners and occupants of premises within the city shall be responsible
for paying the monthly collection service rate charged by the city or its contract or
franchise agent, or shall comply with the provisions of this Chapter for an exemption
from mandatory service as set forth in Section 8.24.180.H. No person that has not
previously applied for and received an exemption shah willfully fail, neglect or refuse,
after demand by the city or its contract or franchise agent to pay the service fees.
Billing and payment. All Solid Waste service charges shall be billed upon a monthly or
hi-monthly basis as determined by the city council, and shall be due and payable by the
owner/occupant at the time indicated in the billing statement. The city's solid waste
contract or franchise agent will provide solid waste billing services, and subject to the
provisions of this Chapter, be primarily responsible for the collection of payments. The
due date for each class of generator shall be clearly indicated on the bill/invoice. If
the due date falls on a Saturday, Sunday or legal holiday the customer will have until
the end of the next regular business day to make payment. Payments made by mail
must be post-marked no later than midnight of the due date on the invoice. Payments
may be made in person on or before the due date between 8 a.m. and 5 p.m., Monday
through Friday excluding holidays at the contract or franchise agents Chula Vista
office.
Billing cycles, classifications and due dates. All Solid Waste service charges for Small
Generators (residential dwellings and businesses with curb service) shall be billed bi-
monthly in advance. The due date for Small Generator invoices shall be the last day
of the hi-monthly billing cycle. Solid Waste service charges for Large Generators
(residences and businesses with bin, compactor or roll-off service) shall be billed
monthly in arrears. The due date for Large Generator invoices shall be 15 days after
the last day of the monthly billing cycle, The cost of temporary services such as
industrial roll-off boxes may be applied to the monthly or bi-monthly billing statements
of existing customers, secured by a line of credit or paid for as "Cash On Delivery"
(COD) as mutually agreed by the city contract or franchise agent and the customer.
The city will direct the contract or franchise agent to deliver invoices to the Postal
Service in a manner that will provide customer no less than 15 days for delivery and
payment of their invoice without penalty.
Service Rates. The contract or franchise agent shall set service rates subject to a
Maximum Rate established by the city council. A complete schedute of Maximum
Rates, shall be kept on file with the city clerk and the city conservation coordinator
and is available for public review. Maximum Rates may be subject to increase
Ordinance 2764
Page 8
pursuant to the terms of the city's contract or franchise with the contract or franchise
agent(s). Subject to the terms of the then in effect contract or franchise, the council
may from time to time establish such rates by resolution, including the establishment
of rates for different classifications of generators (residential, commercial, industrial
or subclassifications thereof) or types of materials generated, including preferential or
discounted rates for senior citizens or low income families or other classifications
which are deemed to be in the public interest.
Penalties for Delinquency - Notification
A bill shall be considered delinquent if payment in full is not received by the
close of business or, postmarked before midnight, of the due date as shown on
the bill, however when the final day falls on a Saturday, Sunday or legal holiday
payment may be made without penalty on the next regular business day. If
payments for Small Generator invoices have not been received by the city
contract or franchise agent ten days before the due date, the city contract or
franchise agent shall send notification (First Warning) outlining potential late
fees and penalties to the resident or business.
Late Notice ~ In the event the owner or occupant of any premises or business
shall be delinquent in payment of any part or all of the Solid Waste fees and
delinquency continues for a period of ten days after the due date shown on the
bill, the city's contract or franchise agent shall send notification (Late Notice)
to the owner and occupant informing both of the amount owed, the schedule
of penalties and costs accrued at each stage of delinquency as defined below.
The notification to the owner shall be mailed to the name and address listed on
the last available property tax assessment roll and shall include the potential for
delinquency amount to be assessed as a lien and collected on the owner's
property tax bill. If payment in full is not received by the due date on the
bill/invoice, the city or its contract or franchise agent may impose a one time
late/processing fee equal to 10 percent of the charges owed or ten dollars. In
addition, for each 30 days the delinquent bill remains unpaid the city, its
contract or franchise agent may impose additional late/processing fees equal
to 1¼ percent of the outstanding debt. If the bill is not paid within 15 days of
the invoice due date the city contract or franchise agent may charge an
additional restart fee of ten dollars. (the penalties and restart fee are designated
for administrative convenience only in the master fee schedule). The city, its
contract or franchise agent must at minimum send one bill/invoice at least ten
days before the due date and one notification letter by first class mail to the
owner or occupant prior to assessing a penalty.
Final Late Notice - In the event that the owner or occupant of any premises or
business is delinquent in payment of all or any part of the Solid Waste bill, other
than for which they have applied for and received an exemption from the city,
for a period of 90 days after the due date, of the invoice the city or franchise
agent shall assign the delinquent account to the city for collection. Upon
mutual agreement the city contract or franchise agent may assign delinquent
accounts to the city before ninety days. At least ten days prior to assigning an
account to the city for collection the city contract or franchise agent shall send
a second notification (Final Late Notice) to the owner. The notification shall
Ordinance 2764
Page 9
include the total current amount due, a description of the potential penalties for
delinquent amounts and a description of the potential lien process (penalties and
fees are designated for administrative convenience only in the master fee
schedule), the location where the bill may be paid in person during regular
business hours and a self addressed return envelope for payment by mail.
Final Notice of Delinquency - Upon assignment of the delinquent account to the
city for collection, the delinquent charges, penalties and fees may be collected
by the city:
pursuant to a lien imposition and property tax bill process provided,
below;
by suit in any court of competent jurisdiction, or
any other manner permitted by law or equity at the city's discretion.
Prior to setting a hearing to consider a lien the city will send notification (Final
Notice of Delinquency) to the property owner with a detailed description of the
amount owed, penalty schedule, lien procedure and associated costs and
administration fees (the penalties and fees are designated for administrative
convenience only in the master fee schedule).
Lien process for Solid Waste Services.
Hearing and lien - Notice. When the full amount for said Solid Waste service
charge is not paid within fifteen days after the Final Notice of Delinquency, the
city clerk may set said delinquent account for hearing by the city council at a
regular or adjourned regular meeting which will be held at least seven calendar
days after such fifteen-day period has expired. The owner of the property shall
be mailed notice of the time and place of the hearing. The notice shall also
inform the property owner that failure to pay said delinquent account will result
in a lien upon the property, and the amount owed will be charged to the
property owner on the next regular tax bill. Notice of the public hearing shall
also be published once at least ten days in advance thereof in a newspaper of
general circulation published in the city of Chula Vista. The city clerk shall post
a copy of such notice of the time and place of hearing, in a conspicuous place
at or near the entrance of the council chambers in the city hall.
Delinquent Accounts - Hearing and assessment. The city council shall consider
said delinquent accounts at the time set for hearing together with any
objections or protests by interested parties. Any owner of land or person
affected by the charges may present a written or oral protest or objection to the
delinquency of said account or the amount owed thereon. At the conclusion of
the hearing, the city council shall either approve the delinquency and amount
owed on the account as submitted or as modified or corrected by the city
council. The decision of the city council on the charges and on all protests or
objections shall be final and conclusive. The amounts so approved shall reflect
the entire amount due, including all penalties, interest and administrative fees
that have accrued against the account as of the date of the hearing plus any
county fees (for processing and collecting the lien). The amount shall be
Ordinance 2764
Page 10
charged to the property owner on the next regular tax bill and shall be a lien
upon the property involved. The city council shall confirm such assessment and
cause the same to be recorded on the assessment roll and, thereafter, such
assessment shall constitute a special assessment and lien upon the property.
The city council shall adopt a resolution assessing such amounts as liens upon
the respective parcels of land as they are shown upon the ~ast available
assessment roll.
Delinquent Accounts - Administrative Fee. All delinquent accounts that are not
paid within ten days after the Final Delinquency Notice has been posted may
be charged an administrative processing fee to offset the costs incurred by the
city in administering the provisions of this chapter. The administrative
processing fee (designated for administrative convenience only in the Master
Fee Schedule) shaU be added to the amount due as collected by the city under
Section E.4, above.
Solid Waste Service Deposits Required When-Amount. The city its contract or
franchise agent have the right to require deposits from the owner or occupant of any
premises who has allowed his/her bill for Solid Waste service charge to become
delinquent or who does not have an acceptable credit rating. Deposits shall be equal
to the estimated amount of the Solid Waste service charges for two billing cycles, but
in no event shall the deposit be less than twenty-five dollars.
Request for Exemption from fees - city approved exception
Terms for an exemption - all exemptions and extensions will be granted for a period of
not more than 180 days and shall be at the discretion of the director of public works
or his/her designee. Applicants which have been sited with a notice of violation or
administrative citation and those that are late on sewer or Solid Waste fee payment
within the past six months will not be qualified for an exemption.
Process for request - requests for an exemption for mandatory solid waste services and
payment shall be made on a form provided by the director of public works. Requests
on the required form shall be completed by the applicant and submitted to the city as
outlined on the form at least five working days before the next applicable solid waste
billing cycle. An extension of an approved exemption may be requested by submitting
the request in writing at least ten days before the end of the current extension period.
Conditions of an approved application - applicants shall agree to an inspection of their
premises to verify compliance with solid waste diversion and pay an inspection fee to
the director of public works or his designee per exemption period of fifteen dollars.
The inspection fee shall be waived if the premises are in compliance. If the premises
are found to not be in compliance subsequent re-inspection fees shall also be charged.
Failure to notify the city conservation coordinator or the city's contract or franchise
agent in writing prior to re-occupying the premises or otherwise altering compliance
with the exemption conditions, shall constitute delinquency of payment for collection
charges and charges and penalties shall be retroactive to the first day of the exemption
period. In all cases, property owners and or their agents will be expected to maintain
sanitary premises pursuant to Section 8.24.060 including but not limited to litter
abatement, clean side walks and gutters, and yard waste recycling (as appropriate)
throughout the exemption period.
Ordinance 2764
Page 11
Special terms - Exemptions will not apply retroactively except as stated in a Class 1,
vacancy exemption below. All exemptions requested by tenants shall also be signed
by the property owner.
Vacancy Exemption for Unoccupied Premises: In the event that the premises
are un-occupied and all water, sewer, electricity and gas are also disconnected,
an owner or occupant of a residence or business may request a Vacancy
Exemption. Should the premises be unoccupied due to a death or similar
hardship the executor, beneficiary or county probate administrator may request
a retro-active exemption. It is the responsibility of the occupant and/or the
property owner to cancel an exemption for vacancy and restart service if the
property is to be occupied before the end of the exemption period. The request
for service shall be made to the city contract or franchise agent at least two
regular business days before the next regular collection service day.
Self-hauh Occupant or tenants of premises may apply for an exemption from
fees for all or part of the solid waste, yard waste and recycling services and
remove or convey waste and/or recyclables for processing and disposal which
they generate themselves, Such persons must provide weekly receipts for
disposal at a state permitted landfill or transfer station and/or appropriate
recycling facility at the end of each billing cycle or upon demand by the city or
its contract or franchise agent. Persons provided an exemption are still subject
to state mandated waste diversion goals and may not: a) dispose of their waste
in the waste receptacle of another generator in Chula Vista or another
jurisdiction, in a park or street litter bin, b) contract with a third party to remove
and convey their waste, c) burn their waste in their fireplace or other means,
d) dispose of designated recyclables, or otherwise improperly dispose of waste
or recyclables as established in section 8.24.040,045 and 050. A self-hauler
exemption is not a permit to haul waste generated by a second party.
Source Reduction, Recycling and Cornposting Exemption: The occupant/owner
of any premises may apply for an exemption from all or part of the Solid Waste,
Yard Waste and Recycling fees for 100 percent diversion (no disposal of any
kind, anywhere). Such persons must provide a written description of their solid
waste management plans to comply with the state mandated landfill diversion
goal and the city's integrated solid waste management plan.
Property owners and occupants within an area newly annexed to the city, that
was not currently using the city's contract or franchise agent may use the
service of a private refuse collection service other than the city's franchise
agent for a period not to exceed one billing cycle. If the owner or occupant
was under a pre-existing franchise agreement with a private refuse collection
service other than the city's contract or franchise agent they may remain with
that service to the extent required by law until the end of the agreement period
less any extensions in that agreement for a period not to exceed 180 days.
The city contractor or franchise agent may suspend collection service and/or
charges from a Large Generator for:
i. vacancy,
ii delinquency of payment subsequent to implementation of Section
8.24.180.E, or
iii mutual agreement by the city and contract or franchise agent.
The contractor shall notify the City quarterly of all suspended accounts that did
not result in payment.
Ordinance 2764
Page 12
8.24.190 Reduced residential Solid Waste collection charges for senior citizens
The city council finds and declares that single family households consisting exclusively of one
or more senior citizens (62 years and older) do not generate as great a volume Solid Waste
and, therefor, a method should be provided which would result in a reduced collection charge
for such senior citizens that are billed directly as part of the Small Generator category. The
collection charge for single family households consisting of one or more senior citizens (and
no none senior wage earners) that generate no more than one 32 gallon container of non-
recyclable waste per week shall be based upon the cost established by resolution of the city
council for single container service for seniors, 62 years of age or older.
8.25.195 Mandatory Recycling for exemptions and reduced rate customers
Where a Solid Waste rate reduction or exemption is granted hereunder, the affected party
shall not be exempted from and shall remain subject to the Mandatory Recycling Ordinance.
Each person receiving a rate reduction or exemption shall be responsible for doing there
equitable share to assist the city with the 50 percent landfill diversion goal mandated by the
California Integrated Waste Management Act of 1989 (AB 939) including but not limited to
participation in source reduction, reuse, recycling and cornposting of the Designated
Recyclables and Household Hazardous Waste as applicable. Failure to comply with the
Mandatory Recycling Ordinance, or disposal of Solid Waste at a site other than the premises
where the waste was generated shall be cause for termination of the exemption or reduced
rate and shall subject the rate payer to paying the full cost of service for the full period of the
exemption or reduced rate plus any applicable penalty for violation of Section 8.24.040,
8.24.045 and 8.24,050 of the Chula Vista Municipal Code.
8.24.200 Interference with collection and scavenging prohibited when.
It is unlawful for any person or persons other than the city contract or franchise agent as
defined herein and authorized by the city to collect Solid Waste or Household Hazardous
Waste to interfere in any manner with any Solid Waste, Household Hazardous Waste,
Designated Recyclables or Yard Waste container or the contents thereof, whether owned by
private persons, the city, or by its contract or franchise agent, or to remove any such
container or its contents from the location where the same was placed by the owner thereof.
This provision is not intended to prohibit any person, firm or corporation generating a reusable
or recyclable commodity from selling or giving the same as he/she or it may desire; provided,
that the commodity(ies) shall be removed and conveyed in a manner strictly in accordance
with the rules and regulations of the county department of environmental health and Section
8.23, 8.24, and 8.25 of the Chula Vista Municipal Code, and that such commodities shall be
diverted from a landfill, transformation facility, use as alternative daily cover at a landfill or
other land application or other use not expressly recognized as diversion by the city or the
California Integrated Waste Management Act of 1989.
8.24.210 Littering-By private persons prohibited where.
No person or persons shall leave, discard, deposit, throw away or cause to be left, discarded,
deposited or thrown away, any Solid Waste, hazardous Waste or Medical Waste of any type
including but not limited to paper, wood, glass, plastic, metals, Green Waste or other organic
matter upon any street, alley, gutter, sidewalk, parkway, park or recreational area in the city.
Ordinance 2764
Page 13
8.24.220 Littering-By corporations or persons prohibited where.
It is unlawful for any person, firm, company or corporation to deposit upon any sidewalk, or
street within the city any sweepings from any sidewalk, stairway or other opening leading to
the street or sidewalk. All such sweepings or material from any sidewalk or any other opening
leading to the street or sidewalk within the city shall be removed in a pan, shovel or other
container and placed in a container for Solid Waste, or Green Waste recycling or other
recycling container as appropriate.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
It shall be the duty of all owners and occupants of buildings in the city and the duty of all
owners of vacant lots in the city to keep the sidewalks adjacent to such premises clean and
free of any Solid Waste of any type including but not limited to paper, wood, glass, plastic,
metals, Green Waste, noxious weeds and vegetation or other organic matter.
8.24.240 [Intentionally Omitted]
SECTION Ih This ordinance shall become effective thirty days after its final passage
unless suspended by a referendum petition filed as provided by law.
SECTION IIh The City Clerk is hereby directed to publish a summary of this ordinance
in a newspaper of general circulation circulated in the City of Chula Vista.
Presented by
Approved as to form by
Michael Meacham
Conservation Coordinator
n M. Kaheny
/ ey
Ordinance 2764
Page 14
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17~h day of November, 1998, by the following vote:
AYES: Councilmembers: Padilia, Rindone, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot and Salas
ABSTAIN: Councilmembers: None
ATTEST:
~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No, 2764 had its first reading at a regular meeting held on the 10th day
of November, 1998 and its second reading and adoption at a regular meeting of said City
Council held on the 17th day of November, 1998,
Executed this 17th day of November, 1998,
~uthelet, City Clerk