Ordinance No. 10-2069 Revise and Re-Title Existing Franchise Ordinance, Garbage-Los Altos Garbage Company, Recology ORDINANCE NO. 10 -2069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 6.24 OF THE CUPERTINO MUNICIPAL CODE TO
REVISE AND RE -TITLE THE EXISTING FRANCHISE ORDINANCE,
GARBAGE —LOS ALTOS GARBAGE COMPANY, AS GARBAGE AND
RECYCLING COLLECTION AND DISPOSAL TO REFLECT THE CITY'S
UPDATED WASTE MANAGEMENT AND RECYCLING PROGRAMS AND TO
PROVIDE TERMINOLOGY CONSISTENT WITH THE NEW FRANCHISE
AGREEMENT WITH RECOLOGY.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Code Amendment. Chapter 6.24 of the Cupertino Municipal Code is
hereby amended to read as follows:
GARBAGE AND RECYCLING COLLECTION AND DISPOSAL
Section
6.24.010 Purpose of chapter.
6.24.020 Definitions.
6.24.030 Mandatory garbage collection service; owner responsibility.
6.24.040 Commencement of garbage collection service.
6.24.050 Frequency of disposal.
6.24.060 Method of garbage compostable materials and recyclables disposal.
6.24.070 Garbage compostable materials and recyclables containers.
6.24.080 Inappropriate containers.
6.24.090 Burning restrictions.
6.24.100 Disposal of explosive or hazardous material restrictions.
6.24.110 Unauthorized disposal prohibited.
6.24.120 Franchise granting authority.
6.24.130 Deleted.
6.24.140 Deleted.
Ordinance No. 10 -2069
6.24.150 Charges for garbage collection service.
6.24.160 Failure to pay for garbage collection service.
6.24.170 Notification of delinquency.
6.24.180 Assignment of delinquent account.
6.24.190 Lien initiation.
6.24.200 Notice of hearings on liens.
6.24.210 Administrative hearing on liens.
6.24.220 Public hearing on liens.
6.24.230 Recording of lien.
6.24.240 Collection of delinquent charges as a special assessment.
6.24.250 Report of delinquent charges for special assessment.
6.24.260 Levy of special assessments.
6.24.270 Collection of special assessment.
6.24.280 Continuing appropriation account.
6.24.290 Recycle centers.
6.24.300 Unauthorized garbage collection.
6.24.305 Containers stored in trash enclosures.
6.24.310 Interfering with garbage collection service.
6.24.320 Unauthorized use of garbage collection service.
6.24.325 Rules and regulations adopted.
6.24.330 Violation— Misdemeanor.
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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 preservation of the health, safety and general
welfare of the people of the City of Cupertino.
6.24.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise:
1. "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,
recyclables and compostable materials are placed for collection by the authorized garbage
collector.
3. "Compostable Materials" means organic materials, including but not limited to,
material generated from tree trimming, shrubbery pruning, vegetative garden wastes,
dead plants, weeds, leaves, grass clippings, food and non -food vegetative matter, soiled
paper, and cardboard and waxed cardboard that decompose biologically.
4. "Construction and demolition debris" or "C &D debris" means materials resulting
from the construction, remodeling, or demolition of buildings and other structures.
"Construction and demolition debris" includes, but is not limited to, concrete, asphalt,
rock and dirt related to construction, remodeling, repair, or demolition operations and is
subject to the provisions of Chapter 16.72.
5. "Debris box service" means collection service in containers without compaction
that have a capacity of eight (8) cubic yards or more. Debris boxes may be used for the
collection of recyclable and compostable materials, or garbage, and may be used for
construction and/or demolition debris that may or may not be intended for full or partial
recycling or other waste diversion.
6. "Delinquent" means a failure of the recipient 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.
7. "Director" means the Director of Public Works and his/her duly authorized
agents and representatives.
8. "Dwelling" means a residence, flat, duplex, apartment, townhouse, condominium
or other facility used for housing one or more persons.
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9. "Finance Director" means the Finance Director and his /her duly authorized
agents and representatives.
10. "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 are produced, generated or accumulated
by all residential, commercial, industrial, institutional, municipal, agricultural and other
inhabitants, premises and activities within the City, the collection of which is regulated
through the franchise agreement existing between the City and the authorized garbage
collector; provided, however, that "garbage" does not include (a) hazardous materials, (b)
recyclable materials, (c) compostable materials, (d) construction and demolition debris,
(e) biomedical waste, (f) ash, and (g) sewage and other highly diluted water - carried
materials or substances and those in gaseous form.
11. "Garbage collector" means any person or entityauthorized by the franchise
agreement between the Franchisee 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.
12. "Garbage collection service" means the collection, transportation and disposal
of garbage, compostable materials and recyclables by an authorized garbage collector.
13. "Hazardous materials" means any or combination of materials which because of
its quantity, concentration, or physical, chemical or infectious characteristics may either:
(a) cause or significantly contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness; or (b) pose a substantial present or
potential hazard to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous materials includes, but is
not limited to, hazardous wastes as defined under California or United States law or any
regulations promulgated pursuant to such laws, and all toxic, radioactive, biologically
infectious, explosive or flammable 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.
14. "Multiple -unit dwelling" or "multiple family dwelling" means any premises,
excluding a hotel, motel, or lodging house, used for residential purposes containing more
than one dwelling unit, irrespective of whether the residency is transient, temporary or
permanent.
15. "Nonresidential premises" means all premises 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.
16. "Occupancy "; "occupied ": Premises are "occupied" when a person or persons
take or hold possession of the premises for permanent or temporary use. 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
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is presented that gas, electric, telephone and water utility services were not being
provided to the premises during such periods.
17. "Owner" means the holder or holders of legal title to the real property
constituting the premises to which garbage collection service is provided.
18. "Person" includes any person, firm, association, 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.
19. "Premises" means any land, building or structure, or portion thereof, within the
City where any garbage is produced, kept, deposited, placed or accumulated.
20. "Recyclables" or "Recyclable Material" mean those materials that can be
returned to economic use as raw materials for new, reused or reconstituted products,
which prior to collection are separated by the generator from other material treated as
garbage. Examples of Recyclables include, but are not limited to: newspaper, cans,
corrugated cardboard, glass, certain types of plastic, metals, wood, automobile oil, and
compostable items such as food and yard waste.
"Mixed Recyclables" means more than one type of Recyclable Material commingled in a
bin, debris box, compactor or other type of container. This material includes, but is not
limited to wood, paper, plastic, metals, glass, and other dry waste. The material must not
have more than 10% putrescrible or non - recyclable waste.
"Single Source Separated Recyclables" means any Recyclables that, prior to collection,
are or have been separated or segregated by their generator as to type or category of
material and are or have been placed into separate containers according to type or
category, i.e. all metal is separated from other recyclables and placed in its own separate
container or separate debris box.
21. "Residential premises" means any single -unit dwelling or multiple -unit
dwelling.
22. "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 constitute a separate
single -unit dwelling to which garbage collection service is provided, unless the owner or
occupants thereof arrange for garbage collection service to be provided to all dwelling
units upon the premises at commercial rates.
23. "Tenant" means any person or persons, other than the owner, occupying or in
possession of a premises.
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6.24.030 Mandatory Garbage Collection Service —Owner Responsibility.
The owner of each occupied residential or nonresidential 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 6.24.120 of this chapter.
The owner of each occupied residential or nonresidential premises shall subscribe to and
pay for a level of service sufficient to provide for the collection of all garbage generated
on the property. Customers at non - residential properties must subscribe to services on a
regular weekly basis sufficient to prevent container or bin overages and, where necessary,
to extra services to prevent overages.
The charges for garbage collection 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 tenant has any garbage to be collected on any particular collection date
during such occupancy. Occupancy shall be presumed unless evidence is presented that
gas, electric, telephone and water utility services were not being provided to the premises
during such periods. 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 tenants, 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.
6.24.040 Commencement of Garbage Collection Service.
The owner or tenant shall commence garbage collection service within ten 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
garbage collection service is required. If service is not initiated by the owner or tenant
within ten days after the date of mailing the notice, the Director shall authorize the
garbage collector to begin and continue providing the minimum level of garbage
collection service to such premises and the service shall be deemed to have been made
available as of the date of such authorization.
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 produced, kept,
deposited, placed, or accumulated within any premises in the City shall be disposed of in
accordance with the provisions of this chapter. Dry recyclables and compostable
materials may be accumulated for up to one month (if necessary to reasonably fill the
collection container), so long as they are not stored within view of the public right of way
and are kept in appropriate containers.
6.24.060 Method of Garbage, Compostable Materials and Recyclables Disposal.
All garbage, compostable materials and recyclables shall be disposed of by delivery of
each container to an authorized collection station, located as to be readily accessible for
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Ordinance No. 10 -2069
the removal and emptying of its contents by the garbage collector. Recyclables and
compostable materials may be dealt with as set forth in Section 6.24.300.
6.24.070 Garbage, Compostable Materials and Recyclables Containers.
A. All garbage, compostable materials and recyclables containers shall be kept in a
sanitary condition with the lid closed or cap secured, except when being loaded or
unloaded.
B. Garbage, compostable materials and recyclables containers for residential
premises shall be provided by the garbage collector and be sized based on the level of
subscription for services requested by the resident. Containers shall not be loaded with
more materials than will fit in the container with the lid closed or cap secured, or in
excess of the weight limit marked on the container. Garbage containers for commercial
premises shall be provided by or approved by the garbage collector.
C. Garbage, compostable materials containers and recycling containers shall be
collected by the garbage collector when the containers are placed outside of the premises;
provided, however, that the collection may be made at such other location upon approval
by the Director, based on the services subscribed for by the resident.
D. Garbage containers, compostable materials containers and recycling containers
shall be placed at the authorized collection station not more than twenty -four hours
before the scheduled collection time, unless the resident subscribes for `Walk -Up'
services. Such containers shall be removed from the collection 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.
E. All bins, boxes, and containers of one cubic yard or more shall be identified with
the name and telephone number of the collector servicing the bins, boxes and containers.
6.24.080 Inappropriate Containers.
It is the duty of the authorized garbage collector, unless otherwise allowed under the
current franchise agreement, to provide the bins, boxes and containers. The use of
garbage, compostable materials and recycling containers which do not meet the standards
set forth in Section 6.24.070 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 transporting of the inappropriate containers or waste contained
therein.
6.24.090 Burning Restrictions.
It is unlawful for any person to bum, or cause to be burned, any garbage within the
City or to burn, or 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.
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6.24.100 Disposal of Explosive or Hazardous Material Restrictions.
No person shall deposit in any garbage compostable materials or recycling container
any explosive, highly inflammable or otherwise hazardous material or substance.
6.24.110 Unauthorized Disposal Prohibited.
It is unlawful for any person or entity in the City to throw, deposit or store refuse,
garbage or waste, or to cause the same to be thrown, deposited or stored, upon any street,
alley, gutter, park, or other public place. Furthermore, no property owner and/or
occupant with control over any premises shall keep or maintain any garbage, recyclables,
compostable materials, or any waste effluent such as grease or oil on any premises within
the City other than in containers as required by Section 6.24.070 and / or any other
provisions of this chapter. Waste water must go to the sanitary sewer; if it contains oil or
grease a grease trap may be required
Nothing contained in Section 6.24.070, Section 6.24.080 or this Section
6.24.110 shall prevent a property owner and/or occupant with control over
any premises from keeping or maintaining compostable materials in a home
composting bin designed and intended for home composting. Home
composting materials and containers shall not be stored in public view.
6.24.120 Franchise Granting Authority.
The City Council may award an exclusive franchise to any person or entity the
Council believes is qualified to perform garbage collection service. Such franchise
agreement shall require the garbage collector to render service to all residential and
commercial premises within the City in accordance with the provisions of this chapter
and in conformity with such regulations as may be adopted by the Director with the
approval of the City Council. Additional terms of such franchise agreement shall not
conflict with any of the provisions of this chapter.
6.24.130 Deleted
6.24.140 Deleted
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 prescribed by the franchise agreement
between the City and the garbage collector.
6.24.160 Failure to Pay for Garbage Collection Service.
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Ordinance No. 10 -2069
The garbage collector shall be entitled to payment from either the owner or the
recipient of garbage collection service for any services rendered or to be rendered. Upon
failure to make such payment, the means of collecting delinquent charges shall be in
accordance with the procedures set forth in Sections 6.24.170 through 6.24.270 of this
chapter. Garbage collection service shall not be discontinued by reason of any failure to
pay the charges for such service.
6.24.170 Notification of Delinquency.
If a bill for garbage collection service remains delinquent for thirty 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 -day period, send or
deliver notice of delinquency to the owner indicating 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.
6.24.180 Assignment of Delinquent Account.
In the event the bill for garbage collection service, together with any late charge
thereon, is not paid within thirty days after the date of mailing the notice of delinquency
to the owner, the garbage collector may assign such bill to the City for collection through
the initiation of lien and special assessment proceedings in accordance with this chapter.
The assignment shall include the name and address of the 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 Director together with a copy of the notice of delinquency
mailed or otherwise delivered to the owner.
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 proceedings to create a lien on
the premises 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 objections or protests to his report.
6.24.200 Notice of Hearings 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 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 assessment roll or as known to the Finance Director. A
copy of the notice shall also be mailed to the garbage collector. The 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. The notice shall also inform the owner of the time, date and
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Ordinance No. 10 -2069
place of the administrative 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.
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.
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 interested person shall be afforded the opportunity to
appear and present evidence as to why the report, or any portion 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 protests thereto, shall be final and
conclusive.
6.24.230 Recording of Lien.
Upon confirmation by the City Council of the final report, the Finance Director shall
cause to be recorded in the Office 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 Council. The lien shall also
include such additional administrative charges as established by resoluti n of the City
Council. All persons to whom notice was sent pursuant to Section 6.24.00 of this
chapter shall be notified by the Finance Director that the service charges, charges and
administrative charges are due and payable to the City and that said lien has been
recorded.
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 service charges, late charges and administrative
charges, plus an assessment charge as established by resolution of the City Council.
6.24.250 Report of Delinquent Charges for Special Assessment.
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Ordinance No. 10 -2069
A report of delinquent charges shall be prepared by the Finance Director and
submitted to the City Council 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 of the date of the report.
6.24.260 Levy of Special Assessments.
Upon confirmation by the City Council of the Finance Director's report 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.
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 frequency 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 assessment shall be
subordinate to all existing special assessment liens previously imposed upon the premises
and paramount 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 delinquent
charges due and payable thereon are paid in full. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be applicable to such special
assessment.
6.24.280 Continuing Appropriation Account.
There is hereby created in the general fund a continuing appropriation account entitled
"Payment of Delinquent Charges For Garbage Collection Service." This account shall be
credited with such sums as may be appropriated by the City Council, all delinquent
service charges, late charges and administrative charges collected by the Finance
Director, and all amounts remitted by the Tax Collector for Santa Clara County
representing special assessments collected pursuant to Section 6.24.270 of this chapter.
The delinquent garbage collection service charges and late charges shall be disbursed
from said account to the garbage collector promptly upon receipt of such payments. The
administrative charges and assessment charges shall be retained by the City.
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 transportation of the recyclable
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Ordinance No. 10 -2069
material collected at a recycle center. The City Council may, from time to time by
resolution, designate what material shall be deemed recyclable and which may therefore
be disposed of by delivery to a recycle center.
6.24.300 Unauthorized Garbage Collection.
No person shall collect any garbage, mixed recyclables, or construction and
demolition materials from debris boxes, compactors and bin -by- the -day services,
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 franchise by the City to act as garbage collector. The City shall notify any
person or entity violating this section that the prompt and permanent removal of any
collection bin, box or container from the place or premises is required.
The following situations are exempt from this section:
A) Transporting garbage or recyclables that have been generated on the property
by the owner of the property or by an individual or entity personally assisting the
property owner.
B) Collection of recyclable materials which have been source separated from
other garbage by the generator and which the generator sells or donates to any
other person or organization, or any recyclable materials which have a value equal
to or more than the cost of collection.
C) Removal of construction, remodeling or demolition debris as part of a total
service offered by the contractor, where the removal is performed by an employee
of the contractor using equipment owned by the contractor.
D) Removal of green waste or plant trimmings by a gardening, landscaping, or
tree trimming contractor as an incidental part of a total service offered by that
contractor.
E) Collection of grease wastes from grease bins, grease traps or grease
interceptors.
F) Collection of horse manure from residences or non - residential properties.
G) Collection of hazardous materials.
H) Collection of non- hazardous material that is greater than fifty percent (50 %)
liquid (including septic tank pumpings, and other liquid wastes).
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, compostable materials, recycling, and other waste containers within the
confines of the trash enclosures at all times except when the containers are being emptied
by the garbage collector. Commercial entities shall use tallow bins for grease waste.
Secondary containment for tallow bins and other waste or compostable material
containers shall be required by the City if the potential exists for any non - stormwater
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Ordinance No. 10 -2069
discharge to the storm drain system or any other waterway that connects to the waters of
the State. Failure to properly store discarded materials is subject to citation.
6.24.310 Interfering with Garbage Collection Service.
No person shall, in any manner, interfere with the performance of garbage collection
services being rendered by an agent or employee of the City acting within the course and
scope of his employment, or being rendered by the authorized garbage collector.
6.24.320 Unauthorized Use of Garbage Collection Service.
No person shall deposit, place or accumulate, or allow the deposit, placement or
accumulation upon a premises 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 collection of such
garbage from the premises at which it was produced.
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
franchise, contract or license issued or executed thereunder, 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
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.
Disputes concerning the enforcement of this chapter by an administrative citation
issued pursuant to Chapter 1.10 shall be resolved by means of the citation appeal process
set forth in that chapter. No violation of this chapter shall be permitted, or be continued,
during the time any such appeal is pending.
6.24.330 Violation— Misdemeanor.
Any person who violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapters 1.10
and 1.12 of this code.
Section 2. Statement of Purpose. This Ordinance is intended to revise and re-
title Chapter 6.24, the existing Franchise Ordinance, Garbage —Los Altos Garbage
Company, as Garbage and Recycling Collection and Disposal to reflect the City's
updated waste management and recycling programs and to provide terminology
consistent with the new Franchise Agreement with Recology. In the absence of this
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amendment, Chapter 6.24 would be inconsistent with the new Franchise Agreement and
enforcement of the Agreement would be impractical.
Section 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are
severable.
Section 4. Effective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
Section 5. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the 21st day
of September and ENACTED at a regular meeting of the Cupertino City Council the 1st
day of November, 2010 by the following vote:
Vote Members of the City Council
Ayes: Wang, Wong, Chang, Santoro, Mahoney
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
/
City Clerk ( /■ ayor, City of Cuperti ' o
14
y.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 10 -2069, which was enacted
on September 21st, 2010, and that it has been published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
22nd day of November 2010.
KIMBERLY SMI H,�City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
urwnancc kXILIMMC