§ 8.12.060. Collection—Subscription required.

A.

Every resident or business in the city shall be required to subscribe with the contractors selected by the city to collect garbage, green waste and recycling pursuant to Section 8.12.110, and to pay for the collection and disposal of garbage, green waste and recycling, unless the resident or business has received an exemption as provided in subsection C or subsection D of this section. Every resident or business shall be required to subscribe with the contractors selected by the city to collect and dispose of such other elements of the solid waste stream as designated by the city, when the council has authorized a contract, or determined that the city shall provide such service, pursuant to Section 8.12.110.

B.

The resident or business who subscribes for collection and disposal services shall be responsible for payment for collection and disposal services, even though such resident or business is not the owner of the premises. Upon an occupant's failure to pay for all collection and disposal services rendered by the contractors, the owner of such premises shall become responsible for the payment of all delinquent service fees and charges.

C.

Any person who has secured an exemption from the health officer prior to June 1, 1988 shall remain exempt from these subscription requirements for so long as the person can demonstrate that no unsanitary condition or public nuisance exists on the property as a result of the exemption. This exemption shall not be transferable and shall expire when such person moves from the exempted residence or dies.

D.

The city manager or his or her designee may grant an exemption to Section 8.12.060A, Collection—Subscription required. Such an exemption requires an application by a resident or business and is subject to the following qualifications:

1.

Applicant must document proof of solid waste diversion as specified in the California Integrated Waste Act of 1989 equal to or greater than services otherwise provided pursuant to this chapter.

2.

Applicant must document proof that such waste diversion and solid waste disposal is completed with equal to or less environmental impact than city and contractor services currently provide (e.g., meets carbon emissions standards per the California Global Warming Solutions Act of 2006, meets best management practice standards as required by Contra Costa Clean Water Program).

3.

Applicant must document proof that solid waste, recycling, and green waste collection and disposal methods used by applicant do not constitute a nuisance as specified in Chapter 8.34 of the El Cerrito Municipal Code and is not in violation of any other El Cerrito Municipal Code provisions.

4.

The mere payment of fees that fund curbside recycling collection, the El Cerrito recycling center and El Cerrito environmental programs shall not constitute grounds for the granting of an exemption. Exemption application procedure:

a.

Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants are subject to a site inspection prior to approval of exemption.

b.

Applicant shall pay an application fee as provided in the city's master fee schedule.

c.

Applicant may be required to meet with city staff or attend an application hearing as the city manager or his or her designee deems necessary to provide all required information and proof.

d.

Upon the determination of the city manager or his or her designee, a written notification of the approval or denial of exemption shall be issued to the applicant.

e.

An exemption may be granted only to a resident or business, not a property. Change of ownership or occupants of a property automatically revokes an exemption.

f.

If the application is denied or exemption revoked, the applicant may re-apply following the above process.

g.

The city manager or his or her designee may revoke an exemption at any time if a nuisance as defined in Chapter 8.34 of the El Cerrito Municipal Code is found on the applicant's property or on another property as a result of solid waste generated by the applicant.

E.

Residents or businesses shall provide the written approved notification of exemption when requesting that the contractors terminate curbside solid waste, recycling and or green waste collection services or when the city manager or his or her designee requests verification.

(Ord. 2007-8 § 1 (part), 2007.)

(Ord. No. 2010-06, § 1, 5-17-2010)