Ordinance 1572
ORDINANCE NO. 1572
AN ORDINANCE OF 'PHE CITY OF CUPERTINO
AMBNDING CHAPTER 6.24 OF THB CUPERTINO
MUNICIPAL CODS, RELATING TO GARBAGE DIS-
~' P08AL, TO PROVIDB FOR MANDATORY COLLECTION
SERVICB, LIEN INITIA'PION AND RECORDING,
'' COLLECTION OF DELINQUENT CHARGES AS SPB-
,.,.I.CIAL ASSESSMENT AND ESTABLISHMENT OF MIS-
"'DEMEANOR OPFENSE FOR VIOLATION OF GARBAGE
COLLECTION REQUIREMENTS
The City Council of the City of Cupertino does
ordain as follows:
`SECTION I - Amendments. Chapter'6.24 of the`CUpertino
Municipal Code, consisting of Sections 6.24.010 through
6.29.240, inclusive, is hereby repealed in its entirety
and anew Chapter 6.24 and Sections are hereby enacted
'to be numbered and entitled and to read as followas
Section 6.24.010 - Purpose of Chapter
This Chapter is determined and declared to be a
health, sanitary and safety measure necessary for the
promotion, protection and pceservation of the health,
safety and general welfare of the people of the'City of
Cupertino. ~ - --~
Section 6.24.020 - Definitions
For the purposes'of this Chapter;''the following
[CC.Di/OG] t
words and phrases shall have the meanings ascribed to
them by this Section, unless the context or the pro-
vision clearly requires otherwise:
i. "City" - means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino as presently existing,-plus all ;territory
which may be added thereto during the effective term of
the ordinance codified herein.
2. "Collection station" - means the location at
.which containers of garbage, waste or refuse are placed
for collection by ,the authorized garbage collector.
_3. "Delinquent" - means a failure of the recip-
ient of garbage collection. service, or of the property
owner, to pay when due all charges owed to the garbage
collector for garbage collection service, rendered or to
be rendered.
4. "Director" - means. the Director of Public
.Works and his/her duly, authorized agents and rep~esent-
atives.
5. "Dwelling" -.means a,residence, flat,;duplex,
_.
apartments townhouse, condominium or other facility used
for housing one or more persons.
[CC.D1/OGJ 2
6. "Finance Director" - means the Finance
Director and his/her dul~+ authorized agents and repre-
sentatives.
7`. "Garbage" - means all materials, substances or
objects that are discarded; including but not restricted
to, materials, substances or objects commonly referred
to as "trash", "garbage", "refuse" and "rubbish" that
ace produced, generated or accumulated by all residen-
tial, commercial, industrial, institutional, municipal,
agricultural and other inhabitants, premises and activi-
ties within the City, the collection of which is regu-
lated through the franchise agreement existing between
the City and the authorized garbage collector; provided,
however, "garbage" does not include (i) hazardous waste,
(ii) biomedical waste, (iii) ash, (iv) sewage and other
highly diluted water-carried materials or substances and
those in gaseous form, and (v) recyclables.
8. "Garbage Collector" - means any person who is
authorized by the franchise agreement existing between
he/she and the City, in accordance with Section 6.24.120
of this Chapter, to collect, receive, carry, transport,
and dispose of any garbage produced, kept or accumulated
within the City.
[CC.D1/OG) 3
9. "Garbage Collection Service" -.means the col-
lection, transportation and disposal of garbage by an
authorized garbage collector.
10. "8aaardous Wastes" - means any and all toxic,
radioactive, biologically infectious, explosive or flam-
mable waste materials, including any material defined in
Section 9.12.020 of the Cupertino City Code for which a
hazardous materials storage permit is required.
11. "Multiple-Unit Dwelling" - means any premises,
excluding a hotel, motel, or lodginghouse, used for resi-
dential purposes containing more than one dwelling. unit,
irrespective of whether the residency is transient, temp-
orary;or permanent.
12. "Nonresidential Premises" -means all prem-
ises except residential premises, including but not
restricted to premises used for industrial, commercial,
administrative and professional offices, public and
quasi-public buildings, utility and transportation.
13. "Occuoancv; Occupied" - means premises is
"occupied",when a person oc persons take or hold possea-
aion of the premises for permanent or temporary use.
(CC.D1/OGj 4
For the purposes of determining whether a premises is
occupied during periods when garbage collection service
is made available to such premises, occupancy shall be
presumed unless evidence is presented that gas, elec-
tric, telephone and water utility services were. not
being provided to the premises during such periods.
14. "Owner" -means the, holder or holders of-legal
title to the real property constituting the premises to
which garbage collection service is provided.
15. "Person" - includes any person, firm, associa-
', tion, organization, partnership, business trust, joint
venture,. corporation, or company, and includes the
United States, the State of California, the County of
Santa Clara, special purpose districts, and any officer
or agency thereof.
16. "Premises" - means any land, building or atruc-
ture, or portion thereof,, within the City where any gar-
. bage is produced, kept, deposited,. placed or accumu-
lated.
17. "Residential Premises" - means any single-unit
..dwelling or multiple-unit-dwelling.; ,, ,„.
(CC.D1/DG] 5
18. "Single-Unit Dwelling" - means one or more
rooms and a single kitchen, designed for occupancy by
;one family for residential purposes. Each dwelling unit
within a condominium project, duplex, townhouse project
or apartment, and each second unit located within a
single-family residential zoning district, shall con-
atitute a separate single-unit dwelling to which garbage
collection service is provided, unless the owner or occu-
pants thereof arrange for garbage collection service to
be provided to all dwelling units upon the premises at
commercial rates.
19. "Tenant" - means any person or persona, other
than the owner, occupying or in possession of a premi-
sea.,
Section 6.24.030 Mandatory Garbage Collection Service;
Owner Responsibility.
The owner of each occupied residential or nonresi-
dential premises shall subscribe to and pay-for at least
the minimum level of garbage collection service made
available to that premises by the Garbage Collector, as
specified in the franchise agreement between the City
and the Garbage Collector executed pursuant to Section
[CC.Di/OG] 6
6.24.120 of this Chapter. The charges for garbage col-
lection service rendered or made available shall be paid
for all periods of time during which the premises are
occupied, regardless of whether or not the owner or ten-
ant has any garbage to be collected on any particular
collection date during such occupancy. Nothing in this
section'is intended to prevent an arrangement, or the
continuance of an arrangement, under which payments for
garbage collection service are made by a tenant or ten-
ants, or any agent or other person, on behalf of the
owner. However, any such arrangement will not affect
the owner's obligation to pay for garbage collection
service as provided herein.
Section 6.24.040 Commencement of Garbage Collection
Service
!The owner or tenant shall commence garbage collec-
tion service within ten (10) days after occupancy of a
premises, or portion thereof. In the event service is
not initiated within such period of time, the Director
may give written notice to the owner or tenant that gar-
bage collection service is required. if service is not
initiated by the owner or tenant within ten (10) days
after the date of mailing the notice, the Director shall
authorize the Garbage Collector to begin and continue
(CC.D1/OGJ 7
providing the minimum level of garbage collection ser-
vice to such premises and the. service shall be deemed to
have.. been made available as of the date of such authoci-
zation.
Section 6.24.050 Frequency of Disposal
No more than one week's accumulation of garbage
shall be kept or permitted to remain upon any premises
in the City. At least once a week, all garbage pro-
duced, kept, deposited, placed or accumulated within any
premises in the City shall be disposed of in accordance
with the provisions of this Chapter.
Section 6.24.060 Method of Garbage Disposal
All garbage shall be disposed of by. delivery of
each garbage container to an authorized collection..
station, located as to be readily accessible for the
removal and emptying of its contents by the Garbage
Collector.
Section 6.24.070 Garbage Containers
(a) All garbage containers shall be kept in a
sanitary, condition continuously closed with a tight
fitting cover.
(b) Garbage containers for residential premises
shall have handle and side bails and shall not exceed
[CC.D1/OGj 8
thirty two (32) gallons capacity and shall not have a
filled weight in excess of seventy (70) pounds gross
weight except for those containers furnished by the
Garbage.Collector. Garbage containers for commercial
premises shall be provided by or approved by; the Garbage
Collector.
(c) Garbage containers shall be collected.. by the
..Garbage. Collector when the containers are placed outside
of,the premises] provided, however. .said collection may
be made at such other location upon approval by the
Director.
(d) Garbage containers shall be paced at the
authorized collection station not more .than twenty-four
hours preceding the scheduled collection time. Such
containers shall be removed from the collectiop station
within twenty-four hours after collection. Containers
provided by the Garbage Collector shall not. be moved or
removed by any person other than the Garbage Collector.
Section 6.24.080 inappropriate Containers
The use of garbage containers which do not meet
the standards set forth in Section 6.24.040 of this
:Chapter shall be subject to regulations prescribed by
the Director, including appropriate additional charges
to be paid the Garbage Collector for the collecting and
[CC.D1/OGJ 9
... .. _,... ,, J
• •
transporting of the inappropriate containers or waste
contained therein.
Section 6.24.090 Burning Solid Waste Restrictions
It is unlawful for any person to burn, or cause to
be burned, any refuse or garbage within the City or to
burn, oc cause to be burned, any waste upon public
'streets, ways or alleys. Dry waste may be burned by
owners or producers thereof on privately owned property
only. when the hours and conditions of such burning have
been approved in advance by the Fire Marshal.
Bach day's violation of this section shall be a
separate and distinct offense.
Section 6.24.100 Disposal of Explosive or eazardous
Material Restrictions
No person shall deposit in any garbage container
any explosive, highly inflammable or otherwise haaardous
material or substance, without having first made special
arrangements with the Garbage Collector.
Section 6.24.110 Disposal on Public_Property Prohibited
It is unlawful for any person in the City to throw
or deposit refuse, garbage or waste, or to cause the
same to be thrown or deposited, upon any street, alley,
gutter, park, or other public place, or to .throw or de-
posit the same in or upon any vacant lot, or back yard,
[CC.D1/OG] 10
or to store or keep the same otherwise than in contain-
ers as required by Section 6.24.070...
8aah day's violation of this section shall be a
-.separate and distinct offense.
Section 6.24.120 Franchise Granting Authority
The City Council may award an exclusive franchise
to any person the Council believes is qualified to per-
form garbage collection service. Such franchise agree-
ment shall require the Garbage Collector to,render ser-
vice to all residential and commercial premises within
t?~e City in accordance with the provisions of this Chap-
ter and in conformity with such regulations as maybe
adopted by the Director with the appcoval of the City
..Council. Additional terms of such franchise agreement
shall not conflict with any of the provisions of this
Chapter.
Section 6.24.130 Ratification of Sxiating Franchise.
Agreement
The contract for the collection and .transportation
of garbage produced, kept and/or accumulated in the-City
made and entered into the fifth day-of February, 1991
and amended the day of , 1991, by and between
the City and Los Altos Garbage Company is herewith rati-
Pied and shall be continued with full force and effect
[CC.D1/OG] 11
during the term of said contract.
Section 6.24.140 Continuation of Contract
Except as herein provided, nothing contdined in
this Chapter shall be construed as negating any cove-
nants, promises, undertakings and obligations made and
assumed by the parties to the 'Franchise Agreement.
Section 6.24.150 Charges for Garbage Collection Service
- The City Council°reserves the right to.establish
by resolution a schedule of rates and charges for all
levels of garbage collection service to be rendered by
the Garbage Collector, who shall then have authority to
collect such rates and charges. The schedule may be
changed from time to time in the manner preacribed'by
-the franchise agreement between the City and the Garbage
Collector.
Section 6.24.160 Failure to Pay for Garbage Collection
Service _
The Garbage Collector shall be entitled to payment
from either the owner or the recipient of garbage collec-
tion service for any services rendered or to be rendered.
Upon fdilure to make such payment, the means of collect-
ing'delinquent charges shall be in accordance with the
'procedures set forth in Sections 6.24.170 - 6.24.270 of
this Chapter. Garbage collection service shall not be
[CC.D1/OGJ 12
• i
discontinued by reason of any failure to pay the charges
for such service.
Section`6.24.170 Notification of Delinquency
If a'bill'for garbage `collection service''remains
delinquent for thirty (30) days, the Garbage Collector
shall be entitled to collect a late charge in such
amount as approved by the City Council. The Garbage
Collector may, at any time after such thirty (30) day
period, send or deliver notice of delinquency to the
owner indicatfng the amount owed for garbage collection
service; the amount of late charge thereon, and advising
the owner that failure to pay the same will result in
the placement of a lien upon the premises. The form of
delinquency notice shall be approved by the Finance
Director.`
Section 6.24.180 Aasianment of Delinquent Account
in the event the bill for garbage collection
service together with any late charge thereon, is not
paid within thirty (30) days after the date of mailing
the notice of delinquency to the owner, the Garbage
Collector may assign such bill to the City for collec-
lion through the initiation of lien and special assess-
ment proceedings in accordance with this Chapter. The
assignment shall include the name and address of the
[CC.D1/OG] 13
_~...
I
• •
' owner, the assessor's parcel number of the premises, the
period of garbage collection service covered. by .the.
bill, the amount owed for such service, the amount of
any late charge and such,other information as ,requested
_by the Finance,pirector,together with a.oopy of the
notice of delinquency mailed or otherwise delivered; to
the owner. _ .. ...
Section 6.24.190 Lien initiation_
Upon the City's receipt ,of the assignment .from the
Garbage Collector, the Finance Director-shall prepare a
report of delinquency, and initiate,,proceedingsto create
a lien on the pcemises to which the garbage collection
service was or will be rendered. The Finance Director
shall-..fix a time, date .and place for an administrative
hearing by the Finance Director to consider any objec-
tions or protests to his report.
Section 6.24.200 Notice of Bearings on Liens
The Finance. Director shall send written notice of
the administrative hearing to the owner of the. premises
against which the lien will be imposed at least ten,(10)
days prior to the hearing. date. The notice shall be
mailed to each person to whom such premises is assessed
in the latest equalized assessment. roll available on the
date the. notice is mailed, at the address shown on .said
[CC.D1/OGJ 14
o •
assessment roll or as known to the Finance Director. A
copy of the notice shall also be mailed to the'Garbage
Collector. Said notice shall set forth the amount of
delinquent garbage collection service charges, the
amount of any late charge thereon, and the possible lien
and administrative charges as provided in Section
6:24.230 of this Chapter. Said notice shall also inform
the owner of the time, date and place of the administra-
'tive`hearing and the subsequent public hearing to be
conducted by the City Council, and advise the owner of
his right to appear at both the administrative hearing
and the public hearing to state his objections to the
report or the proposed lien.
Section 6.24.210 Administrative Hearing on Liens
At the time and place fixed for the administrative
hearing, the Finance Director shall hear and consider
any objections or protests to his report. The Finance
Director may correct or modify the report as he deems
appropriate, based upon the evidence presented at the
hearing, and shall notify the affected persons of .his
decision. The Finance Director shall thereupon submit a
final report to the City Council for confirmation-and
shall furnish a copy of such report to the Garbage
Collector.
[CC.D1/OG] 15
Section 6.24.220 Public Hearing on Liens
,The City Council shall conduct a,public hearing to
consider the Finance Director's final report at the>time
,and :place set forth in Notice described in Section
6.24.200 of this Chapter. At such hearing, any inter-
ested person shall be afforded the opportunity to .appear
and present evidence as to why .the report, or any por-
tion thereof, should not be confirmed. The .City Council
may adopt, revise, reduce or modify any charge shown on
.the report or overrule any or all objections as it deems
appropriate, based upon the evidence presented at the
hearing. If the City Council is satisfied with the
final report as rendered or modified, the Council shall
confirm such report by resolution. The decision by the
City Council on the report and any objections. or pco-
tests thereto, shall be final and conclusive..
Section 6.24.230 Recording of Lien
Opon confirmation by the City Council of the. final
report, the Finance Director shall cause-to be .recorded
in the. 0£f ice of the Recorder for Santa Clara County, a
lien against each premises described in the report for
the amount of delinquent garbage collection service
charges and late charges as confirmed by the. City,Coun-
[CC.D1/OG] 16
cil. The lien shall also include such additional admini-
strative charges as established by resolution of the
City Council. All pecsons to whom notice was sent pur-
suant to Section 6.24.200 of this Chapter shall be noti-
fied by the Pinance Director that the service charges,
late charges and administrative charges are due and pay-
able to the City and that said lien has been recorded.
Section 6.24.240 Collection of Delinquent Charges as a
Special Assessment
The Finance Director shall initiate proceedings
to levy as a special assessment against the premises
described in the lien recorded pursuant to Section
6.24.230 of this Chapter, the sum of delinquent garbage
collection secvice charges, late charges and administra-
tive charges, plus an assessment charge as established
by resolution of the City Council.
Section 6.24.250 Report_of Delinquent Charges for
Special Assessment
A report of delinquent charges shall be prepared
by the Finance Director and submitted to the City Coun-
cil for confirmation. The report shall indicate all
charges for which a lien has been recorded pursuant to
Section 6.24.230 of this Chapter, which remain unpaid as
[CC.D1/OG] 1~
of the date of the report.
Section 6.24.260 Levy of Special Assessments
Upon confirmation by the City Council of the
Finance Director's retort as rendered or modified, the
delinquent charges contained therein shall constitute a
special assessment levied upon the premises against
which such charges have been imposed. The Finance
Director shall file a copy of the report, together with
a certified copy of the resolution by the City Council
confirming the same, with the Tax Collector for Santa
Clara County with instructions to enter the delinquent
charges as special assessments against the respective
premises described in the Finance Director's report.
The Tax Collector shall include such special assessment
on the next regular bill for secured property taxes sent
to the owner.
Section 6.24.270 Collection of Special Assessment
The special assessment shall be collected at the
same time together with and in the same manner and fre-
quency and by the same persons as ordinary municipal
taxes, and shall be subject to the same interest and
penalties and the same procedure of sale as provided for
delinquent ordinary municipal taxes. The special assess-
ment shall be subordinate to all existing special asaess-
~CC.D1/OGJ 18
ment liens previously imposed upon the premises and para-
mount to all other liens except those for state, county
and municipal taxes, with which it shall be upon parity.
Each special assessment shall continue until 'all delin-
`quent charges duo and payable thereon are paid in full.
All laws applicable to the levy, collection and enforce-
ment'of municipal taxes shall be applicable to`auch`
special assessment.
Section 6.24.280 Continuing Appropriation 'Account
There is hereby createe fn the General Fund a con-
tinuing appropriation account entitled "Payment of Delin-
quent Charges For Garbage Collection Service." This
account shall be credited with such sums as may be appro-
priated by the City Council, all delinquent service
charges, late charges and administrative charges col-
Iected by the Finance Director, and all amounts remitted
by the Tax Collector for Santa Clara County-representing
special asseasmenta'collected pursuant to Section
6.24.270 of this Chapter. The delinquent garbage col-
Iection service charges and late charges sha1L be dis-
bursed from said account to the Garbage Collector prompt-
ly upon receipt of such payments. The administrative
charges and assessment charges shall be retained by the
City.
[CC.D1/OG] 19
Section 6.24.290 Recycle Centers
The City may operate one or more centers for the
collection of recyclable materials or may enter into a
contract with a private party to .operate .such centers.
.The City may contract with the same Garbage Collector
.awarded the franchise for garbage collection service or
with any other party .for .the processing and transporta-
tion of the recyclable material collected at a recycle
center. The City Council may, from time to time by
resolution, .designate what .material shall be deemed re-
cyclable and which may therefore be disposed of by de-
livery to a recycle center.
Section 6.24.300 Unauthorized Garbage. Collection
No person shall .collect any ,garbage produced, ,kept
or. accumulated within the City, unless such person_is an
..agent or employee of the City acting within the course
:and scope of his employment, or has been awarded a fran-
chise by the City to act as Garbage Collector.
Section 6.24.305 Containers Stored in Trash_.Enclosures
Any person owning, controlling or maintaining any
premises within the City which is required to have and
maintain trash enclosures as a condition of development
or use shall keep all garbage, refuse and waste contain-
ers within the confines of the trash enclosures at all
[CC.D1/OGJ 20
times except when the containers are being emptied by
the 8isposal service operator.
Section 6.24.310 Interferring with Garbage Collection
Servict
No person shall, 'in any manner, interfere with the
performance of garbage collection services being render-
ed by 'an-agent or employee of the City acting within the
course 'a rd'srope of his employment, or being rendered by
the authorized Garbage Collector.
`Section 6.24.320 Onauthorized Ose of Garbage Collection
Service
No person shall deposit, place or accumulate, or
allow the deposit, placement or accumulation upon a prem-
ises for pick up by the Garbage Collector, any garbage
produced from another premises where such action results
in the avoidance or reduction of any garbage collection
service charges that would otherwise be payable for col-
lection of such garbage from the'premi'ses'at which it
was produced.
Section 6.24.325 Rules and Regulations Adopted
The Director of Public Works shall adopt such-
rules and regulations as may be necessary for the proper
administration and enforcement of this chapter, and any
[CC.D1/OG] 21
franchise, contract or license issued or executed there-
under, including regulations relating to the required
frequency of collection from various types of places and
.premises.., and the types of special .containers .required
for certain classes of places and premises.
The Director of Public Works shall resolve all
disputes concerning the administration or enforcement of
this ;chapter .and any franchise, contract, or license
issued or executed thereunder. Any affected person who
is dissatisfied with the determination of the Director
of Public Works may, within ten days after such decision
.appeal the same to the City .Council. Such appeal. must
be in writing, filed with the City Clerk, and must set
forth. the reasons for such appeal. No violation of this
chapter shall be permitted, or be continued, during .,the
time any such appeal is pending.
,Section 6.24.330 Violation - Misdemeanor.
Any person who violates any provision of.this
Chapter shall be guilty of a misdemeanor and. upon con-
viction thereof shall be punished as provided in Chapter
1.12 of this Code.
Section 6.24.340 Severability
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held
[CC.D1/OG] 22
to be unconstitutional or otherwise void or invalid, by
any court of competent jurisdiction the validity of the
remaining portion of this Chapter shall not be affected
thereby". . ,. .
Section 6.24.350'Effective Date
This Ordinance shall be in full force 'an8 effect
thirty days after the date of its passage and adoption.
Section II - Enforcement.
The City Clerk is hereby authorized and in-
atructed to file a certified copy of this ordinance upon
its becoming effective with the Sheriff's Office of the
County of Santa Clara, State of California.
Section III - Publication
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general circu-
lation published and circulated in the City within fif-
teen (15) days after its passage, in accordance with
Section 36933 of the Government Codef shall certify to
the adoption of this ordinance and shall cause this ordi-
nance and her certification, together with proof of pub-
(CC.D1/OGl 23
lication, to be entered in the Book of Ordinances of the
Council of this City.
INTRODUCBD at a regular meeting of the City
Council this 21st day of October , 1991, and $NACTBD
at a regular meeting of the. City .Council this 4th ...day
of .November ,,.1991,, by the following vote:.
Vote: Members of the City Council:
Ayers Goldman. Rogers. Sorensen. Szabo
Noes s . Nona
.,:..Absents;. ~Pp~l ~ .,. ,, ~ ~: E -, ~-s~;~~~~
Abstains None , , ,.~:,
,.. _ ,..1 ,~r°
ATTS3Ts APPROVSDs
/rS ~[
C ty C r Hayor, C ty o Cupert no
- _ Pro:Tempore.
lr;.'t ~tu~~
_. ., .. ,_ .. ..,,a~.~:~
. -