HomeMy WebLinkAboutOrd. No. 2021-1463 Amending LEMC Chapter 8.16 Refuse Collection & Management & Adding to Chapter 19.08 Water Efficient Landscape RequirementsORDINANCE NO. 2021-1463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, AMENDING AND RESTATING CHAPTER
8.16 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING
REFUSE COLLECTION AND MANAGEMENT AND ADDING
SECTION 19.08.095 TO CHAPTER 19.08, WATER EFFICIENT
LANDSCAPE REQUIREMENTS
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant
provisions of SB 1383 Regulations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1: Chapter 8.16, formerly entitled Refuse Collection, of the Lake Elsinore Municipal Code
is hereby amended and restated in its entirety to read as follows:
CHAPTER 8.16
REFUSE COLLECTION AND ORGANIC WASTE DISPOSAL REDUCTION
Sections:
8.16.010 Title.
8.16.020 Definitions.
8.16.030 Tampering.
8.16.040 Storage of refuse.
8.16.050 Unauthorized accumulation of refuse.
8.16.060 Scattering of refuse.
8.16.070 Burning refuse.
8.16.080 Containers – Requirements.
8.16.090 Containers – Garbage and waste.
8.16.100 Containers – Refuse.
8.16.110 Containers – Placement location.
8.16.120 Containers – Date and time of placement.
8.16.130 Containers – Supervision by owner.
8.16.135 Containers – Damage by City agent.
8.16.140 Special collection – Nonconforming refuse.
8.16.150 Special collection – Contagious disease refuse.
8.16.160 Special collection – Inflammable, explosive or radioactive refuse.
8.16.170 Rules and regulations.
8.16.180 Dead animals.
8.16.190 Refusing collection.
8.16.200 Collection – City right.
8.16.210 Collection – Selection of City agent.
8.16.220 Rates and charges – Schedule.
8.16.230 Rates and charges – When payable.
8.16.240 Rates and charges – Collection.
8.16.250 Rates and charges – Delinquent charges.
8.16.260 Exemption from service
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8.16.270 Rates or charges a debt.
8.16.280 Unlawful act.
8.16.290 Disposal.
8.16.300 Transfer of refuse.
8.16.310 Use of vehicles.
8.16.320 Appropriation of funds.
8.16.330 Mandatory Single-Family Recycling
8.16.340 Mandatory Commercial Recycling
8.16.350 Mandatory Commercial Organics Recycling.
8.16.360 Organics and Recycling Containers.
8.16.370 Contamination of Organics and Recyclables.
8.16.380 Waivers for Generators.
8.16.390 Requirements for Commercial Edible Food Generators.
8.16.400 Model Water Efficient Landscaping Ordinance Requirements.
8.16.410 Compliance with CalGreen Recycling Requirements.
8.16.420 Model Water Landscaping Efficiency Ordinance Requirements.
8.16.430 Procurement Requirements for City Departments, Direct Service Providers,
and Vendors.
8.16.440 Enforcement.
8.16.010 Title.
This chapter shall be titled “Refuse Collection and Organic Waste Disposal Reduction”
8.16.020 Definitions.
The following words and phrases, for the purpose of this chapter, are defined and shall be
construed as hereinafter set out, unless it is apparent from the context that they have a different
meaning:
“Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for
the purpose of storage and collection of Source Separated Recyclable Materials or Source
Separated Blue Container Organic Waste.
“Business” means a commercial or public entity, including, but not limited to, a firm, partnership,
proprietorship, joint stock company, corporation, or association that is organized as a for-profit or
nonprofit entity, or a multifamily residential dwelling.
“By-products” means and includes:
1. All material produced, developed or generated incidental to the operation of any
business, which is not the principal object of production of such business, but which
material, due to its nature, can be sold by the producer thereof at a price greater than the
cost of hauling such material to the point of delivery;
2. All material which, due to its nature, can be sold by the producer thereof, at the point of
production, for a valuable consideration;
3. All material which the owner or producer thereof can, due to its nature, have removed
from the premises without cost to such owner or producer;
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4. All such materials as the City Council, by resolution, designates as by-products.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations.
CCR references in this Chapter are preceded with a number that refers to the relevant Title of the
CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City agent” means any person or corporation, or the employee or agent thereof, with whom the
City may contract for the collection and/or disposal of garbage, rubbish, and other refuse.
“City Engineer” means the City of Lake Elsinore City Engineer or authorized designee.
“Combustible rubbish” means dry leaves or brush, paper, pasteboard, Christmas trees, carpet,
rags, clothing, books, hair, hides, boots, shoes, straw and combustible packing, barrels, boxes,
furniture and similar articles which will incinerate through contact with flames of ordinary
temperature.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility,
or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A
Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial
Business for purposes of implementing this Chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this
definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible
Food Generators.
“Commercial solid waste” includes all types of solid waste generated by a store, office, or other
commercial or public entity source, including a business or a multifamily dwelling of five or more
units.
“Commercial waste generator” means a business that generates four cubic yards or more of
commercial solid waste per week or is a multifamily residential dwelling of five units or more.
“Compliance Review” means a review of records by the Enforcement Official to determine
compliance with this Chapter.
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the
effective date of this Chapter, that “Compost” means the product resulting from the controlled
biological decomposition of organic Solid Wastes that are Source Separated from the municipal
Solid Waste stream, or which are separated at a centralized facility.
“Container” means any vessel, tank, receptacle, box or bin used or intended to be used for the
purpose of holding garbage, and food waste.
“Corporations,” as hereinafter used, means and includes corporations, copartnerships, and all
business enterprises, associations or organizations, however designated.
“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of
the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee
may be a government entity, a hauler, a private entity, or a combination of those entities.
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“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR
Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section
18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this
Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food
that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action” means an action by the City to address non-compliance with this Chapter
including, but not limited to, issuing administrative citations, fines, penalties, or using other
remedies.
“Enforcement Official” means the City Manager, or other executive in charge or their authorized
Designee(s) who is/are partially or wholly responsible for enforcing the Chapter.
“Food Recovery” means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food Generators and distributes that Edible Food to the public for
Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section
18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of
this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section
18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization
differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
Chapter.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from
a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food
Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is
not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food waste” means all kitchen and table scraps; animal and vegetable waste that is generated
during or results from the storage, preparation, cooking or handling of food stuffs; discarded paper
that is contaminated with food waste; fruit waste, grain waste, dairy waste, meat and fish waste.
“Garbage” means all animal and vegetable refuse from kitchen or household waste, which shall
have been prepared for or intended to be used as food or shall have resulted from the preparation
of food.
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“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used
for the purpose of storage and collection of Source Separated Green Container Organic Waste.
“Green waste” means tree and shrubbery trimmings, vegetation matter resulting from land
clearing, grass cuttings, weeds, straw, leaves, wood chips, sawdust, garden organic materials
and other discarded plant or vegetation material.
“Hauler Route” means the designated itinerary or sequence of stops for each segment of the
City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5)
“Inspection” means a site visit where the Enforcement Official reviews records, containers, and
an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food
handling to determine if the entity is complying with requirements set forth in this Chapter, or as
otherwise defined in 14 CCR Section 18982(a)(35).
“Junk” includes worn-out and discarded materials which may be turned to some use, but shall not
include rubbish, by-products, or salvage.
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or
other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38)
differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.
“Large Venue” means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14
CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply.
“Local Education Agency” means a school district, charter school, or county office of education
that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise
defined in 14 CCR Section 18982(a)(40).
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential
premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels,
or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO ” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division
2, Chapter 2.7.
“Noncombustible rubbish” means ashes, bottles, broken crockery, glass, tin cans and metallic
substances which will not incinerate through contact with flames of ordinary temperature.
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“Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material
that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section
18982(a)(41 ).
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14
CCR Section 18982(a)(43).
“Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that
includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14
CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
“Organic Waste” means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape and
pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing
Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of
Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise
defined in 14 CCR Section 18982(a)(51).
“Place of business” means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital,
or any professional, commercial or industrial establishment where there is an accumulation of
refuse.
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton
fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book
paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index
cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14
CCR Section 18982(a)(54).
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not
identified as acceptable Source Separated Green Container Organic Waste for the City’s Green
Container; (iii) discarded materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to
be placed in a Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any
container.
“Recovered Organic Waste Products” means products made from California, landfill-diverted
recovered Organic Waste processed in a permitted or otherwise authorized facility, or as
otherwise defined in 14 CCR Section 18982(a)(60).
“Recyclable materials”, “recyclable waste material”, and “recyclables” mean discarded materials
such as, but not limited to, newspapers, glass, plastic and metal cans, and compostables which
are separated from other garbage or refuse for the purpose of recycling.”
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“Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of
at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR
Section 18982(a)(61).
Refuse. When the term “refuse” is used singly in this chapter, it means and includes any and all
types of rubbish, refuse, garbage or waste material defined in this Chapter.
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of
determining Container Contamination, and may include mechanical Inspection methods such as
the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“Salvage” includes rubbish, from which articles of value or materials of value, may be extracted,
segregated, removed or developed.
“Self-Hauler” means a person, who, in compliance with all applicable requirements of the
Municipal Code, hauls Solid Waste, Organic Waste or recyclable material such person has
generated directly to the appropriate facility, as required by this Chapter. “Self-hauler” also
includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)
(66). Back-haul means generating and transporting Organic Waste to a destination owned and
operated by the generator using the generator’s own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5)
units.
“Solid Waste” has the same meaning as defined in Public Resources Code Section 40191.
“Source Separated” means materials, including commingled recyclable materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or reconstituted
products, which meet the quality standards necessary to be used in the marketplace, or as
otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source
Separated shall include separation of materials by the generator, property owner, property
owner’s employee, property manager, or property manager’s employee into different containers
for the purpose of collection such that Source Separated materials are separated from Gray
Container Waste or other Solid Waste for the purposes of collection and processing.
“Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes
that can be placed in a Blue Container that is limited to the collection of those Organic Wastes
and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by
Section 17402(a)(18.7).
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection of
Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste,
carpets, Non-Compostable Paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables
and Source Separated Blue Container Organic Waste.
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“Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000,
or more, and which sells a line of dry grocery, canned goods, or nonfood items and some
perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that
is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator
that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
“Transfer station” means the site where collected refuse may be transferred to vehicles which will
haul the refuse to a disposal site.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received, shipped,
stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as
otherwise defined in 14 CCR Section 189852(a)(76).
8.16.030 Tampering.
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All garbage, rubbish, and other refuse, whether combustible or noncombustible, including but not
limited to paper, cardboard, metal, and like salvage material, when placed by the owner thereof
outside of the building or structure wherein said material was produced, accumulated or found,
shall be considered as having been placed in said area by the owner or authorized representative
for collection and disposal by the City agent, and any removal, tampering or disturbance of said
material by any person other than the owner or authorized representative, or any person holding
a permit from the City Manager or the City agent authorizing the removal thereof, or the City
agent, is a violation of this provision and shall be punishable as hereinafter provided.
8.16.040 Storage of refuse.
No person shall dump, deposit, place or bury in or upon any lot, land, street, alley or public place,
any garbage, rubbish, or other refuse, except it be in proper containers or receptacles, nor shall
any person dump, deposit, place or throw any garbage, rubbish, or other refuse in any creek,
stream, water, or waterway within the City; provided, that express approval to store or dispose of
refuse in this manner may be given by the City Manager where circumstances so warrant.
8.16.050 Unauthorized accumulation of refuse.
Any unauthorized accumulation of refuse on any premises is a nuisance and is prohibited, and
failure to remove any existing accumulation of refuse within 30 days after the effective date of the
ordinance codified in this chapter is a violation thereof.
8.16.060 Scattering of refuse.
No person shall cast, place, sweep or deposit anywhere within the City any garbage, rubbish, or
other refuse in such a manner that it may be carried or deposited by the elements upon any street,
sidewalk, alley, sewer, storm drain, parkway, or any other public place, or into any occupied
premises within the City.
8.16.070 Burning refuse.
No person shall burn any refuse in the City at any time.
8.16.080 Containers – Requirements.
All containers used for the reception and removal of refuse shall be constructed of a durable
material such as metal, plastic, processed cardboard, or material of similar strength. Containers
which do not meet these requirements may be considered refuse and may be removed by the
City agent.
When refuse, either from residents or from places of business, is of such nature that it cannot be
placed in a container, it shall be carefully placed beside the refuse container(s) in securely tied
bundles under 40 pounds of weight. Tree limbs, trunks, hedge cuttings, brush, and lumber shall
not exceed four feet in length.
The City agent may waive the capacity limitation where covered bins are provided.
8.16.090 Containers – Garbage and waste.
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Garbage, food waste, and other refuse containing water or other liquids shall be drained before
being placed in a container or receptacle. Matter which is subject to decomposition shall be
wrapped in paper or other combustible material before being placed in a container or receptacle.
Refuse of the type set forth in this section shall be placed in a container or receptacle separate
from other types of refuse, and said container or receptacle shall have a capacity of not less than
10 gallons and not more than 30 gallons.
The City agent may waive the capacity limitation where covered bins are provided.
8.16.100 Containers – Refuse.
Except as provided in Section 8.16.090, all refuse containers and receptacles shall not exceed a
total weight of 65 pounds when filled and set out for collection and shall be of such design and
dimensions to be reasonably handled.
8.16.110 Containers – Placement location.
The container or receptacle for the purpose of collection and removal of refuse shall be placed on
the curb in front of the premises occupied by the person depositing same; provided, that if the
premises adjoin an alley, the container or receptacle shall be located at the side of the alley
nearest the premises; and provided further, that the City agent may designate some other location
for the placement of a container or receptacle where such placement will expedite collection.
No person shall place a container or receptacle, or any refuse, in a public street or alley, except
as hereinabove provided.
8.16.120 Containers – Date and time of placement.
No person shall place, or cause to be placed, any refuse, or container or receptacle for refuse, in
any public highway, or at any time other than the days established for the collection of such refuse
on the particular route involved.
Refuse, or a container for refuse, shall be placed as hereinabove provided between 6:00 p.m. of
the date prior to the collection date and 5:00 a.m. of the collection date.
All containers shall be removed from the place of collection within 12 hours after said containers
have been emptied.
8.16.130 Containers – Supervision by owner.
Each owner, occupant, tenant, or lessee of a house or building used for residential, business or
commercial purposes shall maintain supervision and surveillance over the refuse containers on
such person’s premises, and if the containers should not be emptied and the contents removed
on the date and time scheduled by the City agent, such persons shall immediately notify the City
agent. It shall be the duty of the City agent to forthwith arrange for the collection and disposal of
said refuse.
8.16.135 Containers – Damage by City agent.
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The City agent shall be responsible for damage to containers caused by the City agent, its
employees or agents. Any claim for damages must be submitted to the City agent concurrently
with the City within 30 days of the alleged occurrence. In no way shall the City be responsible for
any damage of any type caused by the City agent, its employees or agents.
Said agent to forthwith arrange for the collection and disposal of said refuse.
8.16.140 Special collection – Nonconforming refuse.
Junk, salvage, and other refuse which exceeds the limitations herein-before set out may, at the
discretion of the City agent, be scheduled for special collection upon the application of the owner
of said refuse. Special collection charges may be assessed by the City agent for this service.
8.16.150 Special collection – Contagious disease refuse.
The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places
where highly infectious or contagious diseases have prevailed shall be performed under the
supervision and direction of the Health Officer, and such refuse shall neither be placed in
containers nor left for regular collection and disposal.
8.16.160 Special collection – Inflammable, explosive or radioactive refuse.
Highly inflammable or explosive or radioactive refuse shall not be placed in containers for regular
collection and disposal, but shall be removed under the supervision of the Fire Department at the
expense of the owner or possessor of the material.
8.16.170 Rules and regulations.
The City Manager shall have the authority to make such other reasonable rules and regulations
concerning individual collection and disposal, and relating to the hauling of refuse or by-products
over City streets by private persons, or relating to the operation of a transfer section, as the City
Manager shall find necessary, subject to the right of appeal from such order to the City Council.
8.16.180 Dead animals.
No person shall place or deposit the body of any dead animal, fowl, reptile or fish upon public
property.
Upon the order of the City, the City agent shall promptly remove the carcass of any dead animal,
fowl, reptile, or fish to such places as shall be designated by the Health Officer.
Charges for the removal of said body shall be fixed by the City agent and shall be paid by the
City, but only if removal was ordered by the City.
8.16.190 Refusing collection.
The City agent shall not be required to remove refuse from the premises of any person who is in
violation of any section of this chapter; provided, that whenever refuse is not collected, the City
agent shall firmly attach to the container of said person a tag, at least two and one-eighth inches
by five and three-fourths inches in size, upon which the City agent shall indicate the reason for
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refusing to collect said refuse, with reference to the provisions of this code or rules and regulations
which form the basis of the refusal.
8.16.200 Collection – City right.
The City, in order to more effectually promote and protect the public health and safety and to
reduce the danger and hazards of fire and conflagrations, reserves unto itself or its designated
City agent or agents, the exclusive right to collect, transport and dispose of, or cause to be
collected, transported and disposed of, all refuse produced or found within the corporate limits of
said City. It is unlawful for any person, firm, or corporation, except as provided in this chapter, to
collect, transport or dispose of any refuse within the City.
8.16.210 Collection – Selection of City agent.
The City Council shall select and enter into a contract with a qualified person(s) or corporation(s)
engaged in the business of removing and disposing of refuse, and said person(s) or corporation(s)
selected shall be known as the City agent(s) pursuant to this chapter.
8.16.220 Rates and charges – Schedule.
The rates and charges for refuse collection and disposal shall be established annually by
resolution of the City Council; provided, that such charges shall take effect 30 days after the
passage of said resolution.
8.16.230 Rates and charges – When payable.
Rates and charges shall be payable in advance on the first day of each month; provided, that
special charges shall be due and payable when the service is rendered.
Rates and charges for service commenced during a month shall be payable in advance on a pro
rata basis. For purposes of prorating, only periods in excess of 15 days shall be used.
8.16.240 Rates and charges – Collection.
Collection shall be accomplished by direct billing from the City, or at the option of the Council, the
City agent may be designated to make such collection. In the event that the City agent shall make
such collection, the procedure and other terms and conditions shall be as set forth in the contract
with said City agent.
8.16.250 Rates and charges – Delinquent charges.
Any rate or charge shall become delinquent if not paid within 30 days of the time payment is due.
Each delinquent account shall be charged a penalty of 10 percent of the monthly rate for each
month the account is delinquent.
Except as hereinafter provided, refuse collection service shall be mandatory for all residences
and business establishments lying wholly or partially within the corporate limits of the City.
8.16.260 Exemptions from Service.
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An owner, occupant or operator of property may file with the City a claim for exemption from
service. Such claim shall be in writing and shall state why refuse collection service is unnecessary.
The Enforcement Official shall investigate such claim and, within 15 days of receipt, grant or deny
the claim. If the claim is denied, the decision may be appealed to the City Council, which shall
review the claim and denial and shall render a final decision. If the claim is granted, the property
shall be exempt from service for 12 months, after which service shall be resumed unless a new
claim is filed.
The City reserves the right to make periodic inspections of property exempt from service. If
exempt property, upon inspection, is found to present a public nuisance or a hazardous or
unsanitary condition due to an accumulation of refuse, the exemption shall be revoked
immediately and refuse collection service shall be resumed forthwith.
Rates and charges for refuse collection service shall be charged in all cases, unless an exemption
is in effect.
8.16.270 Rates or charges a debt.
The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute
a debt due to the City agent for which the owner, occupant or operator of the property shall be
jointly or severally liable. No person shall willfully fail, neglect, or refuse, after demand for
payment, to pay said rates or charges.
8.16.280 Unlawful act.
No person or persons shall avoid, or conspire to avoid, or refuse collection service by placing
refuse upon the property, or in the container, of another person, with or without the consent of the
latter.
8.16.290 Disposal.
Disposal of refuse of all kinds shall be made outside of the City limits, unless otherwise specifically
authorized by the City Manager.
8.16.300 Transfer of refuse.
Nothing in this chapter shall be construed to prevent the transfer of refuse within City limits from
collection to disposal vehicles; provided, that such transfer stations should not be conducted in
violation of any state, County or City law.
8.16.310 Use of vehicles.
Any persons who desire to operate privately owned vehicles on City streets for the business of
collecting and/or disposing of refuse must obtain a permit for such operation from the City
Manager. No permit may be granted where the said vehicles are not watertight, provided with a
cover, and so operated as to prevent offensive odors escaping therefrom and refuse from being
blown, dropped and spilled.
8.16.320 Appropriation of funds.
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The City Council shall, from time to time, by resolution or minute order, appropriate such funds
as are necessary to carry out the provisions of this chapter.
8.16.330 Mandatory Single-Family Recycling.
Single-Family Organic Waste Generators shall comply with the following requirements:
A. Shall subscribe to City's Organic Waste collection services for all Organic Waste
generated as described below in Section 8.16.330(B). City shall have the right to review
the number and size of a generator's containers to evaluate adequacy of capacity provided
for each type of collection service for proper separation of materials and containment of
materials; and, Single-Family generators shall adjust its service level for its collection
services as requested by the City. Generators may additionally manage their Organic
Waste by preventing or reducing their Organic Waste, managing Organic Waste on site,
and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
B. Shall participate in the City's Organic Waste collection service(s) by placing designated
materials in designated containers as described below, and shall not place Prohibited
Container Contaminants in collection containers.
1. Generator shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated Recyclable
Materials in the Blue Container; and Gray Container Waste in the Gray Container.
Generators shall not place materials designated for the Gray Container into the
Green Container or Blue Container.
8.16.340 Mandatory Commercial Recycling.
Commercial waste generators shall recycle and divert from the landfill recyclable materials
generated by the business in accordance with this section.
A. Businesses subject to this section shall arrange for recycling services, consistent with state
and local laws, rules, regulations and requirements, to the extent that these services are offered
and reasonably available from a local service provider. A business subject to this section shall
take at least one of the following actions:
1. Source separate recyclable materials from other Solid Waste and subscribe to a basic
level of recycling service that includes collection, or other arrangements for the collection
of the recyclable materials with the City’s authorized solid waste franchisee; or
2. Source separate recyclable materials from other solid waste and arrange for pickup of
the recyclable materials for donation or sale. No fees of any sort may be paid for the
recyclable materials, including for collection, hauling, or processing. Reasonable
documentation of donation or sale activities, including donation or sale frequency, a
description of recyclable materials being donated or sold, and tonnage records of
recyclable materials being donated or sold must be submitted to the City Engineer upon
request.
B. To comply with paragraph A, property owners or managers of multi-family dwellings may
require tenants to source separate their recyclables from other solid waste. Tenants must source
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separate their recyclable materials as required by property owners or managers of multi-family
dwellings subject to this section.
8.16.350 Mandatory Commercial Organics Recycling.
A. A business (including a multifamily dwelling of five or more units) that generates two cubic
yards or more of commercial solid waste per week shall arrange for recycling services specifically
for organic waste.
B. A business meeting the conditions of paragraph A of this section shall take at least one of the
following actions:
1. Source separate organic waste from other solid waste and subscribe to a basic level
of organic waste recycling service with the City’s authorized solid waste franchisee;
2. Source separate organic waste from other solid waste and recycle its organic waste
onsite; or
3. Source separate organics from refuse and arrange for pickup of the organic waste for
donation or sale for reuse or processing. No fees of any sort may be paid for the
recyclable materials, including for collection, hauling, or processing. Reasonable
documentation of donation or sale activities, including donation or sale frequency, a
description of organic materials being donated or sold, and tonnage records of organic
materials being donated or sold must be submitted to the City Engineer upon request.
C. A business that is a property owner may require a lessee or tenant of that property to source
separate their organic waste from other solid waste, to aid in compliance with this section. Tenants
must source separate their organic waste, as required by property owners or managers of
property subject to this section.
8.16.360 Organics and Recycling Containers.
Businesses shall provide containers for the collection of source separated green container organic
waste and source separated recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by that business. Such containers
do not need to be provided in restrooms. If a business does not generate any of the materials that
would be collected in one type of container, then the business does not have to provide that
particular container in all areas where disposal containers are provided for customers. The
containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection
service provided the City’s authorized franchisee; or
2. Container labels that include language or graphic images, or both, indicating the primary
material accepted and the primary materials prohibited in that container, or containers with
imprinted text or graphic images that indicate the primary materials accepted and primary
materials prohibited in the container.
Pursuant to 14 CCR Section 18984.9(b), multi-family residential dwellings are not required to
comply with the container placement requirements or labeling requirements of this Section.
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8.16.370 Contamination of Organics and Recyclables.
No person shall place in any container identified for recyclables or organic materials any material
that would inhibit its recyclability or compostability. The containers designed for recyclables or
organics shall be used only for recyclables or organics and no other material. Customers may be
assessed a contamination fee in an amount determined by the City Council if persistent
contamination occurs.
8.16.380 Waivers for Generators.
A. De Minimis Waivers: The City may, at its discretion, waive a Commercial Business’s
obligation (including Multi-Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this Chapter if the Commercial Business:
1. Submits an application specifying the services that they are requesting a waiver
from; and
2. Provides documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable container of the business’ total waste; and
3. Notifies the City if circumstances change such that Commercial Business’s
Organic Waste exceeds the threshold required for waiver, in which case waiver
will be rescinded; and
4. Provides written verification of eligibility for de minimis waiver every 5 years, if the
City has approved de minimus waiver.
B. Physical Space Waivers: The City may, at its discretion, waive a Commercial Business’ or
property owner’s obligations (including Multi-Family Residential Dwellings) to comply with
some or all of the recyclable materials and/or Organic Waste collection service
requirements if the City has evidence from its own staff, a hauler, licensed architect, or
licensed engineer demonstrating that the premises lack adequate space for the collection
containers required for compliance with the Organic Waste collection requirements of this
Chapter.
A Commercial Business or property owner may request a physical space waiver through
the following process:
1. Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
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2. Provide documentation that the premises lack adequate space for Blue Containers
and/or Green Containers, including documentation from its hauler, licensed
architect, or licensed engineer.
3. Provide written verification to the City that it is still eligible for physical space waiver
every five years, if the City has approved application for a physical space waiver.
C Collection Frequency Waiver: The City, at its discretion and in accordance with 14 CCR
Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises,
business establishment or industry that subscribes to the City’s three-container Organic
Waste collection service to arrange for the collection of their Blue Container, Gray
Container, or both once every fourteen days, rather than once per week.
8.16.390 Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the below requirements
commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must
comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this Section, commencing January 1,
2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.
4. Allow the Enforcement Official to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14
CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
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c. A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food
Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self -hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
6. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food
Generators and January 1, 2024, for Tier Two Commercial Edible Food
Generators, Commercial Edible Food Generators shall provide a quarterly Food
Recovery report to the City which includes the information required in 14 CCR
Section 18991.4 “Record Keeping Requirements for Commercial Edible Food
Generators.”
D. Nothing in this section shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time
to time).
8.16.400 Model Water Efficient Landscaping Ordinance Requirements
A. Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who are
constructing a new Single-Family, Multi-Family, public, institutional, or Commercial project
with a landscape area greater than 500 square feet, or rehabilitating an existing landscape
with a total landscape area greater than 2,500 square feet, shall comply with Sections
492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of
Compost and mulch as delineated in this Section.
B. The following Compost and mulch use requirements that are part of the MWELO are now
also included as requirements of this Chapter.
C. Property owners or their building or landscape designers that meet the threshold for
MWELO compliance outlined in Section 8.16.400(A) above shall:
1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation, mulch,
and amendments section to include the following:
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a. For landscape installations, Compost at a rate of a minimum of four cubic
yards per 1,000 square feet of permeable area shall be incorporated to a
depth of six (6) inches into the soil. Soils with greater than six percent (6%)
organic matter in the top six (6) inches of soil are exempt from adding
Compost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch shall
be applied on all exposed soil surfaces of planting areas except in turf
areas, creeping or rooting groundcovers, or direct seeding applications
where mulch is contraindicated. To provide habitat for beneficial insects
and other wildlife up to five percent (5%) of the landscape area may be left
without mulch. Designated insect habitat must be included in the landscape
design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local fuel
modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this Section are not an inclusive list of
MWELO requirements; therefore, property owners or their building or landscape
designers that meet the threshold for MWELO compliance outlined in this Section
shall consult the full MWELO for all requirements.
D If, after the adoption of this Chapter, the California Department of Water Resources, or its
successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C),
(D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires
the City to incorporate the requirements of an updated MWELO in a local ordinance, and
the amended requirements include provisions more stringent than those required in this
Section, the revised requirements of 23 CCR, Division 2, Chapter 2. 7 shall be enforced.
E. The foregoing Section 8.16.400 is in addition to and supplements the requirements of the
City’s Water Efficient Landscape Requirements set forth in Chapter 19.08. In the event of
a conflict between Chapter 19.08 and this Section 8.16.400, this Section shall control.
8.16.410 Compliance with CALGreen Recycling Requirements.
As applicable, all persons and/or entities subject to California Green Building Standards Code, 24
CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as
amended July 1, 2019 and effective January 1, 2020:
A. Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1
Recycling by Occupants Non-residential.
B. For organic waste commingled with construction and demolition debris, Section
4.408.1 Construction Waste Management Residential and Section 5.408.1
Construction Waste Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen
are amended in a manner that requires the City to incorporate the requirements in an updated
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local ordinance, and the amended requirements include provisions more stringent than those
required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of CALGreen shall be enforced.
8.16.420 Procurement Requirements for City Departments, Direct Service Providers, and
Vendors.
A. City departments, and direct service providers (as defined by 14 CCR Section
18982(a)(17) to the City, as applicable, must comply with the City’s Recovered Organic
Waste Product procurement policy and Recycled-Content Paper procurement policy.
B. All vendors providing Paper Products and Printing and Writing Paper shall:
1. If fitness and quality are equal, provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that consists of at least 30 percent,
by fiber weight, postconsumer fiber instead of non-recycled products whenever
recycled Paper Products and Printing and Writing Paper are available at the same
or lesser total cost than non-recycled items.
2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade
Commission recyclability standard as defined in 16 Code of Federal Regulations
(CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if the
percentage of postconsumer material in the Paper Products, Printing and Writing
Paper, or both can be verified by a product label, catalog, invoice, or a
manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and
Printing and Writing Paper offered or sold to the City is eligible to be labeled with
an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR)
Section 260.12 (2013).
5. Provide records to the City Manager or designee, of all Paper Products and
Printing and Writing Paper purchases within thirty (30) days of the purchase (both
recycled-content and non-recycled content, if any is purchased) made by any
division or department or employee of the City. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase, written
certifications as required in subsections (3) and (4) for recycled-content purchases,
purchaser name, quantity purchased, date purchased, and recycled content
(including products that contain none), and if non-recycled content Paper Products
or Printing and Writing Papers are provided, include a description of why Recycled-
Content Paper Products or Printing and Writing Papers were not provided.
8.16.430 Inspection and Investigation by City.
A. City representatives, including Designees, are authorized to conduct Inspections and
investigations, at random or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected from generators, or
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Source Separated materials to confirm compliance with this Chapter by Organic Waste
Generators, Commercial Businesses (including Multi-Family Residential Dwellings),
property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food
Recovery Services, and Food Recovery Organizations, subject to applicable laws. This
Section does not allow City to enter the interior of a private residential property for
Inspection.
B. Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City's employee or
its designated entity/Designee during such Inspections and investigations. Such
Inspections and investigations may include confirmation of proper placement of materials
in containers, Edible Food Recovery activities, records, or any other requirement of this
Chapter described herein. Failure to provide or arrange for: (i) access to an entity's
premises; or (ii) access to records for any Inspection or investigation is a violation of this
Chapter and may result in penalties described.
C. Any records obtained by a City during its Inspections and other reviews shall be subject
to the requirements and applicable disclosure exemptions of the Public Records Act as
set forth in Government Code Section 6250 et seq.
D. City representatives, including Designees are authorized to conduct any Inspections or
other investigations as reasonably necessary to further the goals of this Chapter, subject
to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
8.16.440 Enforcement.
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by an Enforcement Official or representative.
Enforcement Actions under this Chapter are issuance of an administrative citation and
assessment of a fine. The City’s procedures on imposition of administrative fines set forth
in Chapter 1.20 are hereby incorporated in their entirety, as modified from time to time,
and shall govern the imposition, enforcement, collection, and review of administrative
citations issued to enforce this Chapter and any rule or regulation adopted pursuant
hereto, except as otherwise indicated in this Chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. The City may pursue civil actions in the California courts to
seek recovery of unpaid administrative citations. The City may choose to delay court
action until such time as a sufficiently large number of violations, or cumulative size of
violations exist such that court action is a reasonable use of City staff and resources.
C. Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official, the
City’s legal counsel, or combination thereof.
D. Process for Enforcement.
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1. Enforcement Officials will monitor compliance with this Chapter randomly and
through Compliance Reviews, Route Reviews, investigation of complaints, and an
Inspection program.
2. The City may issue an official notification to notify regulated entities of its
obligations under this Chapter.
3. City shall issue a Notice of Violation requiring compliance within 60 days of
issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City shall commence an action to impose penalties, via an administrative
citation and fine, pursuant to Chapter 1.20 regarding Administrative Citations.
Notices shall be sent to “owner” at the official address of the owner maintained by
the tax collector for the City or if no such address is available, to the owner at the
address of the dwelling or Commercial property or to the party responsible for
paying for the collection services, depending upon available information.
E. Penalty Amounts for Types of Violations.
1. For a first violation, the amount of the base penalty shall be $100 per violation.
2. For a second violation, the amount of the base penalty shall be $200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $500
per violation.
G. Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds
that there are extenuating circumstances beyond the control of the respondent that make
compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters,
2. Delays in obtaining discretionary permits or other government agency approvals;
or,
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
H. Appeals Process.
Consistent with Chapter 1.20, persons receiving an administrative citation containing a
penalty for an uncorrected violation may request a hearing to appeal the citation. A
hearing will be held only if it is requested within the time prescribed and consistent with
City’s procedures for appeals of administrative citations. Evidence may be presented at
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the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue
a final written order.
I. Education Period for Non-Compliance.
Beginning January 1, 2022 and through December 31, 2023, the City will conduct
Inspections, Route Reviews, waste evaluations, and Compliance Reviews, depending
upon the type of regulated entity, to determine compliance, and if the City determines that
Organic Waste Generator, Self-hauler, hauler, Tier One Commercial Edible Food
Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in
compliance, it shall provide educational materials to the entity describing its obligations
under this Chapter and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting on January 1, 2024.
J. Civil Penalties for Non-Compliance.
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-
hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery
Organization, Food Recovery Service, or other entity is not in compliance with this
Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and
take Enforcement Action pursuant to this Chapter and state law, as needed.
Section 2: Chapter 19.08, Water Efficient Landscape Requirements, of the Lake Elsinore
Municipal Code is hereby amended to add Section 19.08.095 to read as follows:
Section 19.08.095 Model Water Efficient Landscaping Ordinance Requirements
Property owners or their building or landscape designers, including anyone requiring a building
or planning permit, plan check, or landscape design review from the City, who are constructing a
new single-family, multi-family, public, institutional, or commercial project with a landscape area
greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area
greater than 2,500 square feet shall comply with the requirements of Section 8.16.400 of the Lake
Elsinore Municipal Code.
Section 3: CEQA. The City Council finds that this Ordinance is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3)
and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste
regulations, as provided for in this Ordinance will not have a significant effect on the environment
and that the new requirements, which strengthen requirements for the handling of solid waste,
represent actions by a regulatory agency (the City) for the protection of the environment.
Section 4: Severability. If any provision of this Ordinance or its application is held invalid by a
court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first
(31st) day after the date of adoption but in no event earlier than January 1, 2022.
Section 6: Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
DocuSign Envelope ID: 6B696C62-B5A0-4248-B8A0-2EB1CAD53C5F
Ordinance No. 2021-1463
Page 24 of 24
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 14th day of December 2021.
Robert E. Magee
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Ordinance No. 2021-1463 was introduced by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of November 9, 2021 and adopted at the Regular meeting of
December 14, 2021 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 6B696C62-B5A0-4248-B8A0-2EB1CAD53C5F