HomeMy WebLinkAboutOrdinance No. 2021-07ORDINANCE NO.2021-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 58 OF THE CITY OF AZUSA
MUNICIPAL CODE ADDING ARTICLE II, WASTE DISPOSAL AND
RECYCLING
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016), also known as the Short-lived
Climate Pollutant Reduction Act of 2016, directed the California Department of Resources
Recycling and Recovery ("CalRecycle") to develop regulations to reduce Organic Waste in landfills,
a source of methane, by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025.
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at
least 20 percent of Edible Food that is currently thrown away.
WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12
(Short -Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations
("SB 1383 Regulations").
WHEREAS, the regulations place requirements on multiple entities, including cities,
residential households, Commercial Businesses and business owners, Commercial Edible Food
Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to
support achievement of Statewide Organic Waste disposal reduction targets and reduce food
insecurity.
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and require the City of
Azusa to adopt and enforce an ordinance or enforceable mechanism to implement the SB 1383
Regulations by said date.
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and counties
to reduce, reuse, and recycle (including composting) Solid Waste generated in their cities to the
maximum extent feasible before any incineration or landfill disposal of waste; to conserve water,
energy, and other natural resources; and to protect the environment.
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of
the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735,
41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed
Section 41780.02 of, 'the Public Resources Code, as amended, supplemented, superseded, and
replaced from time to time), places requirements on businesses and Multi -Family property owners
that generate a specified threshold amount of Solid Waste to arrange for recycling services and
requires cities to implement a Mandatory Commercial Recycling program.
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing
with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste,
as amended, supplemented, superseded, and replaced from time to time), requires businesses and
Multi -Family property owners that generate a specified threshold amount of Solid Waste, Recycling,
and Organic Waste per week to arrange for recycling services for that waste, requires cities to
implement a recycling program to divert Organic Waste from businesses subject to the law, and
requires cities to implement a Mandatory Commercial Organics Recycling program.
WHEREAS, the City Council desires to amend its Municipal Code to comply with the
SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Azusa hereby adopts the recitals set forth in
the introduction to this Ordinance as findings to support adoption of the provisions contained
herein.
SECTION 2: Article II of Chapter 58 of the Azusa Municipal Code is hereby amended in
its entirety, as set forth in Exhibit "A," incorporated by this reference.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase
added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 4: This Ordinance shall take effect January 1, 2022.
SECTION 5: The City Clerk shall certify the adoption of this Ordinance and shall cause the
same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 18'bday of January, 2022.
Robert onzales
Mayor
ATTEST:
e rence Co ej o, .
City C erk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2021-07, was duly introduced and placed
upon first reading at a special meeting of the Azusa City Council on the 13t' day of December, 2021
and that thereafter, said Ordinance No. 2021-07 was duly adopted and passed at a regular meeting
of the Azusa City Council on the Wh day of January, 2022 by the following vote:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, BECKWITH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MENDEZ
Je a ce Cornejo, J .
it Clerk
APPROVED AS TO FORM:
City jAorney
Best Best & Kriege LLP
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EXHIBIT A
CHAPTER 58. ARTICLE II
WASTE DISPOSAL AND RECYCLING
See. 58-36. — Purpose and findings.
The City of Azusa finds and declares:
A. SB 1383 (Chapter 395, Statutes of 2016), also known as the Short-lived Climate
Pollutant Reduction Act of 2016, directed the California Department of Resources
Recycling and Recovery ("CalRecycle") to develop regulations to reduce Organic
Waste in landfills, a source of methane, by 50 percent from its 2014 baseline level
by 2020 and 75 percent by 2025.
B. SB 1383 also requires the regulations to recover, for human consumption, at least
20 percent of Edible Food that is currently thrown away.
C. CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short -
Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of
Regulations ("SB 1383 Regulations").
D. The SB 1383 Regulations place requirements on multiple entities, including cities,
residential households, Commercial Businesses and business owners, Commercial
Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and
Food Recovery Services to support achievement of Statewide Organic Waste
disposal reduction targets and reduce food insecurity.
E. The SB 1383 Regulations take effect January 1, 2022, and require the City of Azusa
to adopt and enforce an ordinance or enforceable mechanism to implement the SB
1383 Regulations by said date.
F. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et seq.,
as amended, supplemented, superseded, and replaced from time to time), requires
cities and counties to reduce, reuse, and recycle (including composting) Solid Waste
generated in their cities to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources,
and to protect the environment.
G. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the
State of California on October 5, 2011, which amended Sections 41730, 41731,
41734, 417355 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5. and 41780.01 and Chapter 12.8 (commencing with Section 42649)
to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
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Resources Code, as amended, supplemented, superseded and replaced from time to
time), places requirements on businesses and Multi -Family property owners that
generate a specified threshold amount of Solid Waste to arrange for recycling
services and requires cities to implement a Mandatory Commercial Recycling
program.
H. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public
Resources Code, relating to Solid Waste, as amended, supplemented, superseded,
and replaced from time to time), requires businesses and Multi -Family property
owners that generate a specified threshold amount of Solid Waste, Recycling, and
Organic Waste per week to arrange for recycling services for that waste, requires
cities to implement a recycling program to divert Organic Waste from businesses
subject to the law, and requires cities to implement a Mandatory Commercial
Organics Recycling program.
Sec. 58-37. — Title of ordinance.
This chapter shall be entitled "Waste Disposal and Recycling".
Sec. 58-38. — Definitions.
A. "Black Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Black Container Waste.
B. "Black Container Waste" means Solid Waste that is collected in a Black Container
that is part of a three -Container Organic Waste collection service that prohibits the
placement of Organic Waste in the Black Container as specified in 14 CCR
Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section
17402(a)(6.5).
C. "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source Separated
Recyclable Materials.
D. "CalRecycle" means California's Department of Resources Recycling and
Recovery, which is the Department designated with the responsibility for
developing, implementing, and enforcing the SB 1383 Regulations.
E. "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).
F. "City" means the City of Azusa, California, within its jurisdictional boundaries.
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G. "City Council" means the City Council of the City of Azusa.
H. "City Manager" means the City Manager of the City of Azusa or their authorized
designee(s).
I. "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 Multi -Family 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.
J. "Commercial Edible Food Generator" includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined in Sections 58-38(RRR) and 58-
38(SSS) of this chapter or as otherwise 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 pursuant to 14
CCR Section 18982(a)(7).
K. "Community Composting" means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and Compost on -site at any one
time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR
Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
L. "Compliance Review" means a review of records by the City to determine
compliance with this chapter.
M. "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, or
was otherwise defined by 14 CCR Section 17896.2(a)(4).
N. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet
the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR
Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
O. "Container Contamination" or "Contaminated Container" means a Container,
regardless of color, that contains Prohibited Container Contaminants, or as
otherwise defined in 14 CCR Section 18982(a)(14).
P. "Construction and demolition debris," "C&D," and "construction waste" means
Solid Waste directly related to construction and demolition activities.
Q. "Designated Source Separated Organic Waste Facility", as defined in 14 CCR
Section 18982(a)(14.5), means a Solid Waste facility that accepts a Source
MI
Separated Organic Waste collection stream, as defined in 14 CCR Section
17402(a)(26.6), and complies with one of the following:
1. The facility is a "transfer/processor," as defined in 14 CCR Section
18815.2(a)(62), that is in compliance with the reporting requirements of 14
CCR Section 18815.5(d), and meets or exceeds an annual average Source
Separated Organic content Recovery rate of 50 percent between January 1,
2022 and December 31, 2024 and 75 percent on and after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste
received from the Source Separated Organic Waste collection stream.
a. If a transfer/processor has an annual average Source Separated
organic content Recovery rate lower than the rate required in
Paragraph 1 of this definition for two (2) consecutive reporting
periods, or three (3) reporting periods within three (3) years, the
facility shall not qualify as a "Designated Source Separated Organic
Waste Facility."
2. The facility is a "composting operation" or "composting facility" as defined
in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted
under 14 CCR Section 18815.7, demonstrates that the percent of the
material removed for landfill disposal that is Organic Waste is less than the
percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3),
whichever is applicable, and, if applicable, complies with the digestate
handling requirements specified in 14 CCR Section 17896.5.
R. "Designee" means an entity that a 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(b). A Designee may be a government entity, a hauler, a private
entity, or a combination of those entities.
S. "Edible Food" means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance 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 ordinance 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.
T. "Enforcement Action" means an action of the City to address non-compliance with
this chapter, including, but not limited to, issuing administrative citations, fines,
penalties, or using other remedies.
U. "Excluded Waste" means hazardous substances, hazardous waste, infectious waste,
designated waste, volatile waste, corrosive waste, medical waste, infectious waste,
regulated radioactive waste, and toxic substances or material that facility
operator(s), which receive materials from the City and its Generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal,
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be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed of in Class III
landfills or accepted at the facility by permit conditions, waste that in City's or its
Designee's reasonable opinion would present a significant risk to human health or
the environment, cause a nuisance or otherwise create or expose City, or its
Designee, to potential liability; but not including de minimis volumes or
concentrations of waste of a type and amount normally found in Single -Family or
Multi -Family Solid Waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
V. "Food Distributor" means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR
Section 18982(a)(22).
W. "Food Facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
X. "Food Recovery" means actions to collect and distribute food for human
consumption which otherwise would be disposed, or as otherwise defined in 14
CCR Section 18982(a)(24).
Y. "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 ordinance 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 ordinance.
Z. "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
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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).
AA. "Food Scraps" means all food, including, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, and grease when such materials are Source
Separated from other Food Scraps.
BB. "Food Service Provider" means an entity primarily engaged in providing food
services to institutional, governmental, Commercial, or industrial locations of others
based on contractual arrangements with these types of organizations, or as
otherwise defined in 14 CCR Section 18982(a)(27).
CC. "Food -Soiled Paper" is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee
cups, napkins, pizza boxes, and milk cartons. Food -Soiled Paper excludes Non-
Compostable Paper.
DD. "Food Waste" means Food Scraps, Food -Soiled Paper, and 100% fiber -based
compostable dinnerware.
EE. "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and
shall be used for the purpose of storage and collection of Source Separated Green
Container Organic Waste.
FF. "Grocery Store" means a store primarily engaged in the retail sale of canned food;
dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area
that is not separately owned within the store where the food is prepared and served,
including a bakery, deli, and meat and seafood departments, or as otherwise defined
in 14 CCR Section 18982(a)(30).
GG. "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).
HH. "High Diversion Organic Waste Processing Facility" means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and
meets or exceeds an annual average Mixed Waste Organic content Recovery rate of
50 percent between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic
Waste received from the "Mixed Waste Organic Collection Stream" as defined in
14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section
18982(a)(33).
II. "Inspection" means a site visit where the City 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).
JJ. "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 to this
chapter.
KK. "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 ordinance 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 to this
chapter.
LL. "Local Education Agency" means a school district, charter school, or county office
of education that is not subject to the control of City's or county's regulations
related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
MM. "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.
NN. "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO),
23 CCR, Division 2, Chapter 2.7.
00. "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).
PP. "Non -Local Entity" means the following entities that are not subject to the City's
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42),
including, but not limited to, special districts, federal facilities, prisons, facilities
operated by the State Parks system, public universities (including community
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colleges), county fairgrounds, and State agencies located within the boundaries of
the City.
QQ. "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).
RR. "Notice of Violation" or "(NOV)" means a notice that a violation 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.
SS. "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 Sections 18982(a)(4) and 18982(a)(16.5),
respectively.
TT. "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).
UU. "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).
VV. "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).
WW. "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 Black Container that are acceptable Source Separated Recyclable
Materials and/or Source Separated Green Container Organic Wastes to be placed in
City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in
any container.
XX. "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).
YY. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b),
or as otherwise defined in 14 CCR Section 18982(a)(49).
ZZ. "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).
AAA. "Regional Agency" means a regional agency as defined in Public Resources Code
Section 40181.
BBB. "Remote Monitoring" means the implementation and use by City only of the
internet of things (IoT) and/or wireless electronic devices to visualize the contents
of Blue Containers, Green Containers, and Black Containers for purposes of
identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
CCC. "Renewable Gas" means gas derived from Organic Waste that has been diverted
from a California landfill and processed at an in -vessel digestion facility that is
permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as
otherwise defined in 14 CCR Section 18982(a)(62).
DDD. "Restaurant" means an establishment primarily engaged in the retail sale of food
and drinks for on -premises or immediate consumption, or as otherwise defined in
14 CCR Section 18982(a)(64).
EEE. "Responsible Party" means the property owner, homeowners' association, property
manager, or designated Multi -Family Residential Dwelling utility billing collector
responsible for subscribing for collection service and payment for service charges.
It is the responsibility of the Responsible Party to make arrangements with
individual units or tenants for the collection of service payments.
FFF. "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).
GGG. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8
to the Health and Safety Code, and added Chapter 13.1 (commencing with Section
42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane
emissions reduction targets in a Statewide effort to reduce emissions of short-lived
climate pollutants as amended, supplemented, superseded, and replaced from time
to time.
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HHH. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the
purposes of this chapter, the Short -Lived Climate Pollutants: Organic Waste
Reduction regulations developed by CalRecycle and adopted in 2020 that created
14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR
and 27 CCR.
III. "Self -Hauler" means a person or an entity who hauls Solid Waste, Organic Waste,
or Recyclable Material he or she has generated to another person or entity. Self -
Hauler also includes a person or an entity who back -hauls waste. 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).
JJJ. "Single -Family" means of, from, or pertaining to any residential premises with
fewer than five (5) units. Multi -Family Residential Dwellings with fewer than five
(5) units fall under this category.
KKK. "Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines Solid Waste as all putrescible and non-putrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial appliances, dewatered, treated, or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semi -solid wastes, and other discarded solid and semisolid wastes,
with the exception that Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section
40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 (commencing with Section 1 ] 7600) of Division 104 of the
State Health and Safety Code). Untreated medical waste shall not be
disposed of in a Solid Waste landfill, as defined in State Public Resources
Code Section 40195.1. Medical waste that has been treated and deemed to
be Solid Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
LLL. "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
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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 Black Container Waste or other Solid Waste for the
purposes of collection and processing, as provide in this chapter.
MMM. "Source Separated Blue Container Organic Waste" means Source Separated
Organic Waste that can be placed in a Blue Container that (i) 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); and (ii)
excludes any other Organic Waste that an Organics Waste Facility may reject to
maintain any organics -related composting certifications, including but not limited to
organic carpets and textiles, contaminated wood or lumber, manure, digestate,
biosolids, and sludges.
NNN. "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; Non-Compostable Paper; Paper Products;
Printing and Writing Paper; and any other Organic Waste that an Organics Waste
Facility may reject to maintain any organics -related composting certifications
including but not limited to organic carpets and textiles, contaminated wood or
lumber, manure, digestate, biosolids, and sludges.
000. "Source Separated Recyclable Materials" means Source Separated Non -Organic
Recyclables and Source Separated Blue Container Organic Waste.
PPP. "State" means the State of California.
QQQ. "Supermarket" means a full -line, self-service retail store with gross annual sales of
two million dollars ($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).
RRR. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one or more 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.
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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 to this ordinance.
SSS. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food
Generator that is one or more 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 to this ordinance.
TTT. "Uncontainerized Green Waste and Yard Waste Collection Service" means a
collection service that collects green waste and yard waste that is placed in a pile or
bagged for collection on the street in front of a Generator's house or place of
business for collection and transport to a facility that recovers Source Separated
Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
UUU. "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).
See. 58.39 — Requirements for Single -Family Generators.
Single -Family Organic Waste Generators shall comply with the following requirements of the
code:
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A. Shall subscribe to City's Organic Waste collection services for all Organic Waste
generated as described in Section 58.39(B). City or its Designee 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 Source Separation
of materials and containment of materials; and, Single -Family Generators shall
adjust their service level for their collection services as requested by the City or its
Designee.
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 Black Container Waste in the Black
Container. Generators shall not place materials designated for the Black
Container into the Green Container or Blue Container.
Sec. 58-40. — Requirements for Commercial Businesses.
shall:
Generators that are Commercial Businesses, including Multi -Family Residential Dwellings,
A. Subscribe to City's two -Container collection services and comply with
requirements of those services as described below in Section 58-40(B), except
Commercial Businesses that meet the Self -Hauler requirements in Section 58-45.
City or its Designee shall have the right to review the number and size of a
Generator's Containers and frequency of collection to evaluate adequacy of
capacity provided for each type of collection service for proper Source Separation
of materials and containment of materials; and, Commercial Businesses shall adjust
their service level for their collection services as requested by the City or its
Designee.
B. Except Commercial Businesses that meet the Self -Hauler requirements Section 58-
45, participate in the City's Organic Waste collection service(s) by placing
designated materials in designated containers as described below.
1. Generator shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; and Black Container Waste
and Source Separated Recyclable Materials in the Black Container.
Generator shall not place materials designated for the Black Container for
Commercial Businesses into the Green Container.
2. Supply and allow access to adequate number, size, and location of collection
Containers with sufficient labels or colors (conforming with Sections 3(a)
and 3 (b) below) for employees, contractors, tenants, and customers,
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consistent with City's Green Container and Black Container collection
service or, if Self -Hauling, per the Commercial Businesses' instructions to
support its compliance with its self -haul program, in accordance with
Section 58-45.
3. Excluding Multi -Family Residential Dwellings, 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
Commercial 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. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided
through the collection service provided by City, with either lids
conforming to the color requirements or bodies conforming to the
color requirements or both lids and bodies conforming to color
requirements. A Commercial Business is not required to replace
functional Containers, including Containers purchased prior to
January 1, 2022, that do not comply with the requirements of the
subsection prior to the end of the useful life of those Containers, or
prior to January 1, 2036, whichever comes first.
b. 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 14 CCR
Section 18984.8, the Container labeling requirements are required on
new Containers commencing January 1, 2022.
4. Multi -Family Residential Dwellings are not required to comply with
Container placement requirements or labeling requirement in Section 3(b)
pursuant to 14 CCR Section 18984.9(b).
5. To the extent practical through education, training, Inspection, and/or other
measures, excluding Multi -Family Residential Dwellings, prohibit
employees from placing materials in a Container not designated for those
materials per the City's Green Container and Black Container collection
service or, if self -hauling, per the Commercial Businesses' instructions to
support its compliance with its self -haul program, in accordance with
Section 58-45.
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6. Excluding Multi -Family Residential Dwellings, quarterly inspect Green
Containers and Black Containers for Contamination and inform employees
if Containers are Contaminated and of the requirements to keep
Contaminants out of those Containers pursuant to 14 CCR Section
18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and
customers about Organic Waste Recovery requirements and about proper
sorting of Source Separated Green Container Organic Waste.
8. Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to
keep Source Separated Green Container Organic separate from Black
Container Waste (when applicable) and the location of Containers and the
rules governing their use at each property.
9. Provide or arrange access for City or its Designee to their properties during
all Inspections conducted in accordance with Section 58-46 to confirm
compliance with the requirements of this chapter.
10. Accommodate and cooperate with City's Remote Monitoring program for
Inspection of the contents of Containers for Prohibited Container
Contaminants, which may be implemented by City at a later date, to
evaluate Generator's compliance with Section 58-40(B). The Remote
Monitoring program shall involve installation of Remote Monitoring
equipment on or in the Green Containers and Black Containers.
11. At Commercial Business's option and subject to any approval required from
the City, implement a Remote Monitoring program for Inspection of the
contents of its Green Containers and Black Containers for the purpose of
monitoring the contents of Containers to determine appropriate levels of
service and to identify Prohibited Container Contaminants. Generators may
install Remote Monitoring devices on or in the Green Containers and Black
Containers subject to written notification to or approval by the City.
12. If a Commercial Business wants to Self -Haul, meet the Self -Hauler
requirements in Section 58-45 of this chapter.
13. Nothing in this Section prohibits a Generator from preventing or reducing
waste generation, managing Organic Waste on -site through methods such as
composting, or using a Community Composting site pursuant to 14 CCR
Section 18984.9(c).
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with Food Recovery requirements, pursuant
to Section 58-42.
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Sec. 58-41. — Organic Waste Recycling Waivers for Commercial Generators.
A. De Minimis Waivers - City may waive a Commercial Business' obligation (including
those of Multi -Family Residential Dwellings) to comply with some or all of the
Organic Waste requirements of this chapter if the Commercial Business provides
documentation that the business generates below a certain amount of Organic Waste
material as described in Section 58-41(A)(2) below. Commercial Businesses
requesting a de minimis waiver shall:
1. Submit an application specifying the services from which they are requesting
a waiver and provide documentation as noted in Section 58-41(A)(2) below.
2. Provide documentation that either:
a. The Commercial Business' total Solid Waste collection service is two
(2) cubic yards or more per week and Organic Waste subject to
collection in a Green Container comprises less than twenty (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 (2) cubic yards per week and Organic Waste subject to
collection in a Green Container comprises less than ten (10) gallons
per week per applicable Container of the business' total waste.
3. Notify City if circumstances change such that Commercial Business's
Organic Waste exceeds threshold required for waiver, in which case waiver
will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5)
years, if City has approved de minimis waiver.
B. Physical Space Waivers — City may waive a Commercial Business' or property
owner's obligations (including those of 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 lacks adequate space
for the collection Containers required for compliance with the Organic Waste
collection requirements of Section 58-40.
A Commercial Business or property owner may request a physical space waiver
through the following process:
1. Submit an Exemption Request form to the Building and Safety Department
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 Green
Containers including documentation from its hauler, licensed architect, or
licensed engineer.
3. Provide written verification to Building and Safety Department that it is still
eligible for physical space waiver every five (5) years, if City has approved
application for a physical space waiver.
Sec. 58-42. — Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements
of this Section 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 and/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 City's designated enforcement entity or designated third party
enforcement entity 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 Edible Food that will be collected by or Self -
Hauled to the Food Recovery Service or Food Recovery
Organization.
iii. The established frequency that Edible Food will be collected
or Self -Hauled.
iv. The quantity of Edible Food, measured in pounds recovered
per month, collected or Self -Hauled to a Food Recovery
Service or Food Recovery Organization for Food Recovery.
b. No later than July 1" of each year commencing no later than July 1, 2022 for
Tier One Commercial Edible Food Generators and July 1, 2024 for Tier
Two Commercial Edible Food Generators provide an annual Food Recovery
report to the City that includes the records listed in Section 58-42(5)(c).
D. Nothing in this chapter 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).
Sec. 58-43. — Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible
Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial
Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
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4. The name, address, and contact information for each Food Recovery
Organization that the Food Recovery Service transports Edible Food to for
Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible
Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial
Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service
from which the organization receives Edible Food for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform Generators
about California and Federal Good Samaritan Food Donation Act protection in
written communications, such as in their contract or agreement established under 14
CCR Section 18991.3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements
with one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall report to the City in which it is located the total pounds of Edible
Food recovered in the previous calendar year from the Tier One and Tier Two
Commercial Edible Food Generators with which they have established a contract or
written agreement pursuant to 14 CCR Section 18991.3(b) no later than July 1,
2022.
E. In order to support Edible Food Recovery capacity planning assessments or other
studies conducted by the County, City, special district that provides Solid Waste
collection services, or its designated entity, Food Recovery Services and Food
Recovery Organizations operating in the City shall provide information and
consultation to the City, upon request, regarding existing, or proposed new or
expanded, Food Recovery capacity that could be accessed by the City and its
Commercial Edible Food Generators. A Food Recovery Service or Food Recovery
Organization contacted by the City shall respond to such request for information
within sixty (60) days, unless a shorter timeframe is otherwise specified by the City.
Section 58-44. — Requirements for haulers and facility operators.
A. Exclusive franchised hauler(s) providing residential, Commercial, or industrial
Organic Waste collection services to Generators within the City's boundaries shall
meet the following requirements as a condition of approval of a contract,
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agreement, or similar contractual authorization with the City to collect Organic
Waste:
1. Through written notice to the City annually on or before July 1, 2022,
identify the facilities to which they will transport Organic Waste including
facilities for Source Separated Green Container Organic Waste.
2. Transport Source Separated Green Container Organic Waste placed in
Green Containers to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
Notwithstanding the foregoing, hauler shall not be required to transport any
containers with Prohibited Container Contaminants to a facility, operation,
activity, or property that recovers Organic Waste.
3. Obtain approval from the City to haul Organic Waste, unless it is
transporting Source Separated Organic Waste to a Community Composting
site or lawfully transporting C&D in a manner that complies with 14 CCR
Section 18989.1 and Chapter 14, Article XVIII of the Azusa Municipal
Code.
4. Exclusive franchised hauler(s) authorization to collect Organic Waste shall
comply with any education, equipment, signage, Container labeling,
Container color, Contamination, monitoring, and reporting requirements
relating to the collection of Organic Waste contained within its franchise
agreement.
B. Requirements for Facility Operators and Community Composting Operations
1. Owners of facilities, operations, and activities that recover Organic Waste,
including, but not limited to, Compost facilities, in -vessel digestion
facilities, and publicly -owned treatment works shall, upon City request,
provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including information
about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within sixty (60) days.
2. Community Composting operators, upon City request, shall provide
information to the City to support Organic Waste capacity planning,
including, but not limited to, an estimate of the amount of Organic Waste
anticipated to be handled at the Community Composting operation. Entities
contacted by the City shall respond within sixty (60) days.
Sec. 58-45. — Self -Hauler Requirements.
A. Self -Haulers shall Source Separate all recyclable materials and Organic Waste
(materials that the City or its Designee otherwise requires Generators to separate for
collection in the City's Organics and recycling collection program) generated on-
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site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and
18984.2, or shall haul Organic Waste to a High Diversion Organic Waste
Processing Facility as specified in 14 CCR Section 18984.3. Any Solid Waste
residue remaining after Source Separating all recyclable materials and Organic
Waste shall be collected by the City or its Designee.
B. Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that
recovers those materials; and haul their Source Separated Green Container Organic
Waste to a Solid Waste facility, operation, activity, or property that processes or
recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul
Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self -Haulers that are Commercial Businesses (including Multi -Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each
Solid Waste facility, operation, activity, or property that processes or recovers
Organic Waste; this record shall be subject to Inspection by the City or its Designee
upon request. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the
waste.
2. The amount of material in cubic yards or tons transported by the
Generator to each entity.
3. If the material is transported to an entity that does not have scales
on -site, or employs scales incapable of weighing the Self-Hauler's
vehicle in a manner that allows it to determine the weight of
materials received, the Self -Hauler is not required to record the
weight of material but shall keep a record of the entities that received
the Organic Waste.
D. Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers)
shall provide information collected in Section 58-45(C) to the City or its Designee
within 30 days upon request. An annual report with information collected in Section
58-45(C) shall be provided to the City or its Designee no later than July Pt of each
year. Before commencing Self -Hauling activities, Self -Haulers need to register with
the City or its Designee for tracking purposes and must receive approval from the
City or its Designee before commencing Self -Hauling activities.
E. If Self -Hauler fails to provide records required in Section 58-45(C), the permit to
Self -Haul shall be forfeited at the City or its Designee's discretion.
F. A Single Family Residential Organic Waste Generator is not permitted to Self -Haul
Organic Waste.
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Sec. 58-46. — Compliance with CALGreen Recycling Requirements
A. Persons applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this Section and all
required components of the California Green Building Standards Code, 24 CCR,
Part 11, known as CALGreen, as amended, if its project is covered by the scope of
CALGreen. If the requirements of CALGreen are more stringent then the
requirements of this Section, the CALGreen requirements shall apply. Project
applicants shall refer to Section 14-584 of the City's Municipal Code for the most
current CALGreen requirements.
B. For projects covered by CALGreen, the applicants must, as a condition of the City's
permit approval, comply with the following:
1. Where five (5) or more Multi -Family Dwelling Units are constructed on a
building site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection of
Green Container materials, consistent with the two -container collection
program offered by the City, or comply with provision of adequate space for
recycling for Multi -Family and Commercial premises pursuant to Sections
4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building
Standards Code, 24 CCR, Part 11 as amended, provided that amended
requirements are more stringent than the CALGreen requirements for
adequate recycling space effective January 1, 2020.
2. New Commercial construction or additions resulting in more than 30% of
the floor area shall provide readily accessible areas identified for the storage
and collection of Green Container materials, consistent with the two -
container collection program offered by the City, or shall comply with
provision of adequate space for recycling for Multi -Family and Commercial
premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24 CCR, Part 11 as amended
provided amended requirements are more stringent than the CALGreen
requirements for adequate recycling space effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to
management of C&D, including diversion of Organic Waste in C&D from
disposal. Comply with City's C&D ordinance, as provided in Chapter 14,
Article XVIII of City of Azusa Municipal Code, and all written and
published City policies and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of C&D.
Sec. 58-47. — Model Water Efficient Landscaping Ordinance (MWELO) Requirements
A. The Compost and mulch use requirements for covered landscaping projects are
defined in Section 88.34.080 of the City of Azusa Municipal Code.
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Sec. 58-48. — Procurement requirements for city departments, direct service providers, and
vendors.
A. The procurement requirements for City departments, and direct service providers
and vendors to the City are defined in Article VII of the City of Azusa Municipal
Code.
Sec. 58-49. — Inspections and investigations.
A. City representatives and/or its designated entity, including its Designee(s), 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 Source Separated materials to
confirm compliance with this ordinance by Organic Waste Generators, Commercial
Businesses (including Multi -Family Residential Dwellings), property owners,
Commercial Edible Food Generators, 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. For
the purposes of inspecting Commercial Business Containers for compliance with
Section 58-40(B) of this chapter, City may conduct Container Inspections for
Prohibited Container Contaminants using Remote Monitoring, and Commercial
Businesses shall accommodate and cooperate with the Remote Monitoring pursuant
to Section 58-40(B)(10) of this chapter.
B. Organic Waste Generators, Commercial Businesses (including Multi -Family
Residential Dwellings), property owners, Commercial Edible Food Generators,
Self -Haulers, Food Recovery Services, and Food Recovery Organizations 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
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 ordinance described herein. Failure to provide or arrange for: (i) access to an
entity's premises; (ii) installation and operation of Remote Monitoring equipment;
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, Remote Monitoring, 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, its designated entity, and/or Designee are authorized to
conduct any Inspections, Remote Monitoring, or other investigations of Organic
Waste Generators, Commercial Businesses (including Multi -Family Residential
Dwellings), property owners, Commercial Edible Food Generators, Self -Haulers,
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Food Recovery Services, and Food Recovery Organizations, 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. Designee shall relay to City in writing all written
complaints it receives concerning acts or omissions of itself or another entity that is
potentially non -compliant with SB 1383 Regulations, including anonymous
complaints. All complaints shall be made in writing according to the specified
information required in 14 CCR Section 18995.3.
Sec. 58-50. — 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 a City Enforcement Official or
representative, as further defined in Section 58-50(C)(1). Enforcement Actions
under this ordinance are issuance of an administrative citation and assessment of a
fine. The City's procedures on imposition of administrative fines 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 ordinance and any rule or regulation adopted pursuant to this ordinance,
except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. City may pursue civil actions in the California courts
to seek recovery of unpaid administrative citations. 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. Responsible Entity for Enforcement
1. Enforcement pursuant to this ordinance may be undertaken by the City
Manager or their designated entity, legal counsel, or combination thereof
(collectively "City Enforcement Officials").
a. City Enforcement Officials will interpret this chapter; determine the
applicability of waivers; determine if violation(s) have occurred;
implement Enforcement Actions; and determine if compliance
standards are met.
b. City Enforcement Officials may issue Notices of Violation(s).
D. Process for Enforcement
1. The City Manager or their designees will monitor compliance with this
chapter through Compliance Reviews, Route Reviews, investigation of
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complaints, and an Inspection program that may include Remote Monitoring
and random Inspection. Section 58-49 establishes City's right to conduct
Inspections and investigations.
2. City may issue an official notification to notify regulated entities of its
obligations under this chapter.
3. Contamination Prevention.
a. For incidences of Prohibited Container Contaminants found by City
in containers, City will issue a Notice of Violation to any Generator
found to have Prohibited Container Contaminants in a Container.
Such notice will be provided via a cart tag or other communication
immediately upon identification of the Prohibited Container
Contaminants or within 2 days after determining that a violation has
occurred. If the City observes Prohibited Container Contaminants in
a Generator's Containers on more than two (2) occasion(s), every
calendar year starting January 1, the City may assess an
administrative fine or penalty on the Generator in accordance with
Section 58-48(E).
b. In addition to Section 58-50(D)(3)(a), for incidences of Prohibited
Container Contaminants found by a hauler in Containers, hauler will
issue a notice of Contamination to any Generator found to have
Prohibited Container Contaminants in a Container. Such notice will
be provided via a cart tag or other communication immediately upon
identification of the Prohibited Container Contaminants or within 2
days after determining that a violation has occurred. If a hauler
observes Prohibited Container Contaminants in a Generator's
Containers on more than two (2) occasion(s) every calendar year
starting January 1, the hauler shall have the right to assess a
Contamination service charge on the Generator to cover the
additional costs of processing Contaminated Containers per the
current franchise hauler rate schedule. The foregoing Contamination
service charge shall not be considered an administrative fine or
penalty. Any disputes arising from the assessment of a
Contamination service charge shall be adjudicated pursuant to the
customer complaint resolution process provided under the terms of
any contract, agreement, or similar contractual authorization between
the hauler and the City to collect Organic Waste.
4. With the exception of violations of Generator Contamination of Container
contents addressed under Section 58-50(D)(3), City shall issue a Notice of
Violation requiring compliance within sixty (60) days of issuance of the
notice.
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5. 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 the City's ordinance
contained in Section 58-50(K), List of Violations.
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
The base penalty levels for City -issued Notices of Violation are as follows:
For a first violation, the amount of the base penalty shall be $50 to $100 per
violation.
2. For a second violation, the amount of the base penalty shall be $100 to $200
per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be
$250 to $500 per violation.
The City may adjust the base penalties when it does not meet the recycling goals
and requirements and/or recover expenses in Inspection and Enforcement mandated
by current recycling laws including AB 939 and SB 1383; and future recycling
State laws. Any adjustment to base penalty level shall be included in the Schedule
of Fees and Charges for Various Municipal Activities and Services adopted by City
Council annually.
F. Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each
violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this
chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
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(7) Whether the violation(s) were due to conditions outside the control of the
violator.
G. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation
issued in accordance with Section 58-50 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
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 in
the City's codes for appeals of administrative citations. Evidence may be presented
at 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, City will conduct
Inspections, Remote Monitoring, Route Reviews or waste evaluations, and
Compliance Reviews, depending upon the type of regulated entity, to determine
compliance with this chapter, and if City determines that 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, it shall provide educational materials to the entity describing its
obligations under this ordinance 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
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compliance with this chapter, it shall document the noncompliance or violation,
issue a Notice of Violation, and take Enforcement Action pursuant to Section 58-
50, as needed. The foregoing shall not apply to violations arising from incidences
where a hauler discovers Prohibited Container Contaminants found in Containers.
Enforcement Table — List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business fails to provide or
Commercial Business Owner
arrange for Organic Waste collection
Responsibility Requirement
services consistent with City requirements
and as outlined in this ordinance, for
Section 58-40
employees, contractors, tenants, and
customers, including supplying and
allowing access to adequate numbers,
size, and location of containers and
sufficient signage and container color.
Organic Waste Generator
Organic Waste Generator fails to comply
Requirement
with requirements adopted pursuant to this .
ordinance for the collection and Recovery
Sections 58-39 and 58-40
of Organic Waste.
Hauler Requirement
I A hauler providing residential,
Commercial, or industrial Organic Waste
Section 58-44
collection service fails to obtain
applicable approval issued by the City to
haul Organic Waste as prescribed by this
ordinance.
Hauler Requirement
FA hauler fails to keep a record of the
Section 58-44
applicable documentation of its approval
to haul Organic Waste by the City, as
prescribed by this ordinance.
Self -Hauler Requirement
A generator who is a Self -Hauler fails to
comply with the requirements of 14 CCR
Section 58-45
Section 18988.3(b).
Commercial Edible Food Tier One Commercial Edible Food
Generator Requirement Generator fails to arrange to recover the
i maximum amount of its Edible Food that
Section 58-42 would otherwise be disposed by
i establishing a contract or written
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agreement with a Food Recovery
Organization or Food Recovery Service
and comply with this Section commencing
Jan. 1, 2022.
Commercial Edible Food
Tier Two Commercial Edible Food
Generator Requirement
Generator fails to arrange to recover the
maximum amount of its Edible Food that
Section 58-42
would otherwise be disposed by
establishing a contract or written
agreement with a Food Recovery
Organization or Food Recovery Service
and comply with this Section commencing
Jan. 1, 2024.
Commercial Edible Food
Tier One or Tier Two Commercial Edible
Generator Requirement
Food Generator intentionally spoils Edible
Food that is capable of being recovered by
Section 58-42
a Food Recovery Organization or Food
Recovery Service. i
Organic Waste Generator,
Failure to provide or arrange for access to
Commercial Business Owner,
an entity's premises for any Inspection or
Commercial Edible Food
investigation.
Generator, Food Recovery
Organization or Food Recovery
Service (excluding Single -Family
Generators)
Sections 58-40 and 58-42
Recordkeeping Requirements for Tier One or Tier Two Commercial Edible
Commercial Edible Food Food Generator fails to keep records, as
Generator prescribed by Section 58-42.
Section 58-42
Recordkeeping Requirements for
A Food Recovery Organization or Food
Food Recovery Services and
j Recovery Service that has established a
Food Recovery Organizations
contract or written agreement to collect or
receive Edible Food directly from a
Section 58-43
Commercial Edible Food Generator
pursuant to 14 CCR Section 18991.3(b)
fails to keep records, as prescribed by
Section 58-43.
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Sec. 58-51. — Removal, transport other than by City or Designee prohibited.
No person or entity shall remove or convey any residential or Commercial Solid Waste
from, upon, or along any public street or alley or other public place in the City; provided,
however, this section shall not apply to any person or entity in the employ of the City who
shall be assigned to the work of Solid Waste disposal or to any person with whom the City
has entered into a contract for the collection, removal and disposal of Solid Waste or to any
employee of such contractor during the time the contract shall be in force.
Sec. 58-52. — Prohibited Types of Disposal.
All dumping of Solid Waste, hazardous waste, radioactive waste, and medical waste in
the alleys, public lands, or vacant lots and along roadsides and piling or sweeping Solid
Waste from lawns is unlawful.
Sec. 58-53. — Interfering with Commercial/Industrial Containers.
A person or entity not having the lawful authority to do so shall not tamper with, injure,
destroy, or remove any Container, bin, or other equipment used for the storage of
commercial/industrial Solid Waste.
Section 58-54. — Unlawful Containers.
All containers used within the City shall be owned and/or operated by either (a) the City,
(b) the City's franchised hauler, or (c) Self -Hauler as defined in Section 58-45. All other
containers are unauthorized and may be immediately removed and impounded according to
the provisions of Article XVIII, Section 14-590.
Section 58-55. — Residential Containers to be Removed When Empty.
All residential Solid Waste containers shall be removed from the curb on the same date
during which they are emptied.
Sec. 58-56. — Residential Collection Fees.
A. A monthly fee or such other charge from Single Family residential units in the City for
collection and recycling of residential Solid Waste service shall be collected on the basis of
the fee schedule set forth in the agreement between the franchised hauler and the City.
Payment of such fees shall be made directly to the City's franchised hauler.
B. The franchised hauler shall have the right to bill and collect for its services quarterly and in
advance of the rendition of services hereunder, but shall refund any unused portion of the
amount collected in the event of termination of services. Such charge shall be collected
upon billing by the City's franchised hauler and shall be payable upon presentation of a
statement and shall be delinquent thirty (30) days thereafter.
C. Multi -Family Residential Dwellings shall be billed based upon the service level and
frequency of collection and not based on individual units or occupancy of the service
location. Each service location shall have a Responsible Party. The franchised hauler shall
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have the right to bill and collect from the Responsible Party quarterly and in advance of the
rendition of services for each service location. Such charges shall be collected upon
billing by the City's franchised hauler and shall be payable upon presentation of a
statement and shall be delinquent thirty (30) days thereafter.
D. No person or entity shall willfully fail, neglect or refuse to pay the fee prescribed in this
section. In addition to any other penalties, the City may discontinue the solid waste
collection service for nonpayment of any such fee. In addition, the fee shall become a civil
liability and debt due to the franchised hauler from any person or entity upon whom the
charge is imposed.
Sec. 58-57. — Commercial and Industrial Collection Fees.
A. A monthly fee or such other charge from commercial and industrial customers in the City
for collection and recycling of commercial or industrial Solid Waste service shall be
collected on the basis of the fee schedule set forth in the agreement between the franchised
hauler and the City. Payment of such fees shall be made directly to the City's franchised
hauler.
B. The franchised hauler shall have the right to bill and collect for its services quarterly and in
advance of the rendition of services hereunder, but shall refund any unused portion of the
amount collected in the event of termination of services. Such charge shall be collected
upon billing by the City's franchised hauler and shall be payable upon presentation of a
statement and shall be delinquent thirty (30) days thereafter.
C. No person or entity shall willfully fail, neglect or refuse to pay the fee prescribed in this
section. In addition to any other penalties, the City may discontinue the solid waste
collection service for nonpayment of any such fee. In addition, the fee shall become a civil
liability and debt due to the franchised hauler from any person or entity upon whom the
charge is imposed.
Sec. 58-58. — Collector Entitled to Payment
A. The City or, its collector, the designated agency for the collection of fees, shall be entitled
to payment from the owner for any collection services rendered.
B. If any owner fails to pay the collector for collection for a sixty (60) day period, the
account shall be deemed delinquent and the collector shall mail or email the owner a final
request for payment for the amounts owed, plus penalties, including any additional charges to
stop service. The final request shall include a warning notice that if the service charges are not
paid within thirty (30) days, they will be turned over to the City for placement on the tax rolls.
The warning notice shall also include information concerning the additional administrative
charges that will become due if a lien is recorded against the property.
C. The form and content of the warning notice sent by the collector shall be approved by the
Director of Administrative Services of the City.
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D. Collector shall maintain, and make available to the City, a list of all delinquent accounts
by parcel number(s), the name or names of the owner, the address of the property served, the
period of the service, and the amounts due plus penalties, to the City. Based on such list, any
owner who, as of June 1 st of any given year, is delinquent as to any charges or penalties due
as of March 31 st of that same year, shall be sent, by mail, written notification that the Director
of Administrative Services, or his/her designee, will review all such delinquent accounts and
will make a recommendation to the City Council with respect to submitting the delinquent
accounts to Recorder of Los Angeles County no later than August 1 st, to be included as an
assessment for the respective affected parcel on the County property tax rolls. Any owner
whose property is so affected shall have the right to appear before the Director of
Administrative Services, or his/her designee, to contest placement on the property assessment
rolls of the County. The Director of Administrative Services, or his/her designee, shall set a
time and place for a hearing before the Director of Administrative Services, or his/her
designee. The City shall mail any such notices required hereunder, or request that the
collector to mail such notices on behalf of the City. At the time of such written notification, a
penalty shall be added to the delinquent account, to cover the administrative costs of any
mailing and hearing procedure.
E. Intentionally omitted.
F. The Director of Administrative Services, or his/her designee, shall prepare
recommendations as to whether an assessment should be imposed upon the owner. The
recommendations of the Director of Administrative Services shall be forwarded to the City
Council. The City Council shall adopt or modify the recommendations of the Director of
Administrative Services, or his/her designee, as it deems appropriate.
G. If the City Council approves the delinquent charges against the owner of the property and
the owner fails to pay said charges, an assessment on the real property for which the service
was rendered will be recorded with the Recorder of Los Angeles County.
H. Delinquent charges which remain unpaid by the owner shall constitute a special
assessment against the property to which the service was rendered and shall be collected at
such time as established by the County Assessor for inclusion in the next property tax
assessment.
I. The Director of Administrative Services, or his/her designee shall turn over to the County
Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent
charges plus penalties for garbage collection service and administrative charges, plus an
assessment charge of $5.00 as a special assessment against the parcel of property situated
within the City to which the service was rendered. The assessment shall be collected at the
same time and in the same manner as ordinary municipal taxes are collected. The assessment
shall be subordinate to all existing special assessment liens previously imposed on the
property. It shall have priority over other liens except for those State, County and municipal
taxes with which it shall have parity. Upon request from collector, and if available to the City,
the City shall provide collector with a listing all existing liens, ordered by priority, imposed on
the property. The assessment shall continue until the assessment and all interest and charges
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due and payable thereon are paid. All laws applicable to the levy, collection and enforcement
of municipal taxes shall be applicable to the special assessment.
0) The collector may charge the City, at the established collection rates, for those owners
who are delinquent. Said charges shall cover the period during which the collector provided
collection and disposal services for the delinquent owner. The City shall not become liable to
pay such charges until the charges have been assessed against the owner and the County has
disbursed funds covering said charges.
Section 58-59. — Ownership of Wastes and Recyclables—Infractions.
A. Solid Waste, including Source Separated Recyclable Materials, placed in City's franchise
hauler -provided Containers at the curb and any other Solid Waste placed at the curb, shall
become the property of the City or the City's franchise hauler at the time of the placement at
the curb.
B. It is unlawful for anyone other than the City's franchise hauler or a person designated by
the City Manager, or his Designee, to remove or otherwise interfere with Solid Waste which
has been placed at the curb. Any and each violation hereof from one or more locations shall
constitute a separate and distinct offense punishable as provided in this section. Any person or
entity violating this article shall be guilty of an infraction and shall be subject to a fine in the
amount of one hundred dollars for the first violation, two hundred dollars for the second
violation, and five hundred dollars for the third and subsequent violations occurring within a
one-year period.
C. Nothing in this Section shall limit the right of any person to donate, sell or otherwise
dispose of his or her own recyclable materials.
Section 58-60. — Effective date.
This chapter shall be effective commencing on January 1, 2022.
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