For the purpose of this chapter, certain words and phrases are defined and
certain provisions shall be construed as herein set out, unless it shall be
apparent from the context that they have a different
meaning: “Business” means of or pertaining to a commercial
establishment and/or industrial facility including, but not limited to,
governmental, religious, and educational facilities. “City”
means the city of Oakland. “Collector” means the solid waste and
yard waste collector franchised by the city. “Construction
debris” means waste building materials resulting from construction,
remodeling, repair or demolition operations. “Director” means
the Director of Public Works of the city, or his or her authorized
representatives. “Disposal facility” means the sanitary
landfill, or other solid waste disposal facility, utilized for the receipt and
final disposition of some or all of the solid waste collected or
accepted. “Dwelling” means a residence, flat, apartment, or
other facility used for housing one or more persons in the
city. “Finance Officer” means the Director of the Office of
Budget and Finance of the city, or his or her authorized
representatives. Hazardous Waste. 1. “Hazardous waste” means
any hazardous waste, material, substance or combination of materials which
because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating reversible
illness; or may pose a substantial present or potential risk to human health or
the environment when improperly treated, stored, transported, disposed or
otherwise managed; and which requires special handling under any present or
future federal, state or local law, excluding de minimis quantities of waste of
a type and amount normally found in residential solid waste after implementation
of programs for the safe collection, recycling, treatment and disposal of
household hazardous waste in compliance with Sections 41500 and 41802 of the
California Public Resources Code. 2. “Hazardous waste” shall
include, but not be limited to: (a) substances that are toxic, corrosive,
inflammable or ignitable; (b) petroleum products, crude oil (or any fraction
thereof) and their derivatives; (c) explosives, asbestos, radioactive materials,
toxic substances or related hazardous materials; and (d) substances defined by
applicable local, state or federal law as “hazardous substances,”
“hazardous materials,” “reproductive toxins,” or
“toxic substances,” including those so defined in any of the
following statutes: 15 U.S. Code Section 2601, et seq. (the Toxic Substances
Control Act); 33 U.S. Code Section 1251, et seq. (the Federal Water Pollution
Control Act); 42 U.S. Code Section 6901, et seq. (the Resource Conservation and
Recovery Act); 42 U.S. Code Section 7401, et seq. the (Clean Air Act); 42 U.S.
Code Section 9601, et seq. (the Comprehensive Environmental Response,
Compensation and Liability Act); 49 U.S. Code Section 1801, et seq. (the
Hazardous Materials Transportation Act); California Health & Safety Code
Section 25100, et seq. (Hazardous Waste Control); Section 25300, et seq. (the
Hazardous Substance Account Act); California Water Code Section 13000, et seq.
(the Porter-Cologne Water Quality Control Act); the regulations adopted and
promulgated pursuant to such statutes, and any regulations adopted pursuant to
these statutes, as well as any subsequently enacted federal or California
statute relating to the use, release or disposal of toxic or hazardous
substances, or to the remediation of air, surface waters, groundwater, soil or
other media contaminated with such substances. “Material recovery
facility” means any plant or site used for the purpose of sorting,
cleansing, treating or reconstituting recyclables and returning them to the
economy. “Medical waste” means all materials defined as medical
waste in the California Health & Safety Code Section 25023.2, not including
waste identified as not being medical wastes in Sections 25023.5 and 25023.8, or
the regulations promulgated thereunder, as amended from time to
time. “Multifamily dwelling” means any residential structure
with five or more living units and/or any residential structure which uses bin
service for solid waste collection. “Organic recyclable
material” means organic materials such as vegetable, fruit, grain, dairy,
meat, fish, yard, tree, wood, and nonrecyclable paper discards which are set
aside, handled, packaged, or offered for collection separate from solid waste
for the purpose of being processed and then returned to the economic mainstream
in the form of commodities such as, but not limited to, compost, soil
amendments, mulch, animal feed, and fertilizer. “Owner,” when
used in reference to a dwelling, means the person or persons holding legal title
to the dwelling. “Person” means an individual, association,
partnership, corporation, joint venture, the United States, the state of
California, any municipality or other political subdivision thereof, or any
other entity whatsoever. “Premises” means any land or building
in the city where solid waste, yard waste or recyclables are generated or
accumulated. “Processing facility” means a facility which has
adequate capacity for the receipt, sorting, storage and processing (including
without limitation, grinding, chipping, screening, preparation for and
performance of composting of yard waste materials) of recyclables so that they
may be further processed or sold to end-use
markets. Recyclables. 1. “Recyclables” means nonhazardous
residential, commercial, or industrial materials or by-products which are set
aside, handled, packaged, or offered for collection in a manner different than
solid waste for the purpose of being reused or processed and then returned to
the economic mainstream in the form of commodities. 2. Recyclables include
but are not limited to paper (newspaper, magazines, corrugated cardboard, kraft
paper, ledger paper, computer print out, box board, and other paper grades);
glass; ferrous and nonferrous metal materials; plastic containers, films,
packaging materials and scrap; and construction and demolition materials.
Recyclables shall include source separated materials and organic recyclable
materials. “Recycler” means a person or entity which is
permitted by the city to collect and transport recyclables or organic recyclable
material. “Residual” means contaminant material, separated from
recyclable material or yard waste, which cannot be recycled, composted, marketed
or otherwise utilized, and which shall be disposed of as solid waste, hazardous
waste, or medical waste, as appropriate. “Single-family
dwelling” means any dwelling which has four or fewer living units within
it and/or those dwellings which use can service for solid waste
collection. “Solid waste” means and includes all putrescible and
nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, demolition and construction
wastes, discarded home and industrial appliances, dewatered, treated or
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semisolid wastes, and other discarded solid and semisolid
wastes as defined in California Public Resources Code Section 40191, as that
section may be amended from time to time, but does not include source separated
recyclables which comply with the residual content limits in Section 8.28.030,
abandoned vehicles and parts thereof, hazardous waste or low-level radioactive
waste, medical waste, unacceptable waste or yard waste which is source separated
at single-family dwellings. “Source separated” means recyclables
that have been segregated from solid waste by or for the generator thereof on
the premises at which they were generated for handling different from that of
solid waste. This does not require that different types of recyclable
commodities be separated from each other, except from organic recyclable
material. “Tenant,” when used in reference to a dwelling, means
any person or persons, other than the owner, occupying or in possession of the
dwelling. “Transfer station” means a facility utilized to
receive solid waste, to temporarily store, separate, recover, convert or
otherwise process the materials comprising the solid waste, and to transfer the
solid waste to vehicles for transport to a disposal
facility. “Unacceptable waste” means any and all waste,
including but not limited to hazardous waste and medical waste, the acceptance
or handling of which by collector would cause a violation of any permit
condition or legal or regulatory requirement, substantial damage to
collector’s equipment or facilities, or present a substantial endangerment
to the health or safety of the public or collector’s
employees. “Yard waste” means single-family dwelling prunings,
brush, leaves, grass clippings and such other similar types of organic waste
that may be specified by the city in its reasonable discretion for collection by
the collector pursuant to the franchise agreement between the city and the
collector. Untreated and unpainted wood which fits within the yard waste
container provided by collector is also yard waste. (Ord. 11819 § 1 (part),
1995: prior code § 6-4.01)
8.28.020 Procedures for determining rates of compensation.
The charge for the collection of solid waste by the collector within the
city shall be those rates established and adjusted according to procedures
established by the City Council. A copy of the adjusted rates shall be filed in
the Office of the City Clerk by June 30th of each year by the Finance
Officer. A. The current rates are set forth in Section 8.28.290. B. The
current rates shall be adjusted to reflect changes in the Consumer Price Index
(“CPI”), as set forth in the franchise agreement between collector
and city, as determined by the Finance Officer. C. Non-CPI related rate
adjustments may be granted by the City Council, in the exercise of its
legislative discretion, consistent with the terms of the franchise agreement.
(Ord. 11819 § 1 (part), 1995: prior code § 6-4.02)
8.28.030 Collection of recyclable or organic recyclable materials.
A. Permits. All persons collecting and transporting recyclables or organic
recyclable material within the city must hold a valid city business license.
Recyclers shall be required to maintain records, in a prescribed format and
schedule, documenting that all recyclables or organic recyclable material that
they collect and transport, less allowable residual, is recycled. Such records
shall be maintained in an auditable form for at least three years, and the city
shall have the right to examine said records upon written request. B. Limits
on Residual Content. Recyclables or organic recyclable material collected by
recyclers shall be source separated and recycled at a recycling facility, that
holds all applicable permits, and (1) if mixed paper, may contain no more than
ten percent by weight of residual per load; or (2) if commingled recyclables
other than mixed paper may contain no more than five percent by weight of
residual per load. Any load of recyclables and/or organic recyclable material
which contains more than the aforementioned residual, shall be disposed of in
accordance with all applicable laws and regulations. Disputes over whether
material should be classified as recyclables or organic recyclable material or
solid waste will be resolved by the Director. The Director’s decision may
be appealed to the City Manager in writing, explaining the basis of the appeal,
within ten days of such decision and the payment of a five hundred dollar
($500.00) appeal fee. The burden of proof shall be on the person challenging the
Director’s decision. The City Manager or his or her designee shall hear
said dispute and render a written decision which shall be final. It is unlawful
for any person except for the collector to collect organic recyclable material,
other than wood, mixed with recyclables. However, simultaneous collection of
recyclables and organic recyclable material shall be permitted if said organic
recyclable material is placed in a separate watertight compartment of the
collection vehicle. C. Service and Permit Fees. Nothing herein shall prevent
recycler from charging fees for collection, transporting, and/or processing
services rendered for recyclables or organic recyclable materials. (Ord. 11819
§ 1 (part), 1995: prior code § 6-4.03)
8.28.040 Ownership of recyclable materials.
Recyclables or organic recyclable materials shall become the property of
the authorized recycler when placed at designated recycling locations for
collection by the recycler unless otherwise provided by contract between the
authorized recycler and the generator of the materials or his or her agent. A
recycling collection container shall constitute a designated recycling location.
(Ord. 11819 § 1 (part), 1995: prior code § 6-4.04)
8.28.050 Right of persons to dispose of recyclables or organic recyclable material.
Nothing in this chapter shall limit the right of any person to donate,
sell, transport, pay for the removal of, or otherwise dispose of their own
recyclables or organic recyclable material provided that any such activity is in
accordance with the provisions of this chapter. (Ord. 11819 § 1 (part),
1995: prior code § 6-4.05)
8.28.060 Collection of solid waste restricted to collector.
It is unlawful for any person other than the collector or those persons
employed by the collector to collect or haul any solid waste, and source
separated yard waste from single-family dwellings, within the city
except: A. Source separated recyclables, including but not limited to those
collected by a person under contract to the city and those collected through
private arrangements between the generator and the collector. Loads which
consist of mixed paper and which contain more than ten percent by weight of
residual shall not be considered source separated recyclables. Loads which
consist of recyclables other than mixed paper and which contain more than five
percent by weight of residual shall not be considered source separated
recyclables; B. Construction debris (1) removed from a premises by a
licensed contractor as an incidental part of a total construction, remodelling
or demolition service offered by that contractor, rather than as a separately
contracted or subcontracted hauling service using debris boxes or similar
apparatus, or (2) directly loaded onto a fixed body vehicle and hauled directly
to a transfer station or disposal facility; C. Lawn and garden trimmings (1)
removed from a premises by a contractor as an incidental part of a total
landscaping or gardening service offered by that contractor, rather than as a
separately contracted or subcontracted hauling service using debris boxes or
similar apparatus; or (2) directly loaded onto a fixed body vehicle and hauled
directly to a transfer station or disposal facility; D. Animal waste and
remains from slaughterhouses and butcher shops, or grease waste for use as
tallow; E. By-products of sewage treatment, including sludge, grit and
screenings; F. Solid waste or yard waste collected and transported by city
crews to a disposal facility, transfer station, processing facility, or material
recovery facility; G. Solid waste hauled directly to a transfer station or
disposal facility by a person who is also the generator of the solid waste;
and H. Recyclables which are donated to a youth, civic or charitable
organization. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.06)
8.28.070 Transportation of solid waste on city streets restricted to collector.
It is unlawful for any person other than the collector or those persons
employed by the collector to transport over or upon the streets of the city any
solid waste, or source separated yard waste from single-family dwellings,
produced in the city, except in those cases described in Section 8.28.060. (Ord.
11819 § 1 (part), 1995: prior code § 6-4.07)
8.28.080 City fees.
The city may attach a surcharge on solid waste fees collected by the
collector to compensate the city for some or all of the cost of programs to
clean up litter and illegal dumping on public streets and rights-of-way. Said
surcharges shall be collected by the collector and remitted to the Finance
Officer on a scheduled basis and shall be in the amounts established by the City
Council. (Ord. 11819 § 1 (part), 1995: prior code § 6-4.08)
8.28.090 Recycling surcharge fee.
The city may attach a surcharge on Solid Waste fees collected by the
collector to compensate the city for some or all costs incurred in achieving the
waste reduction mandates set by the state of California in the Integrated Waste
Management Act of 1989 or any other applicable state or local statute. Said
surcharge shall be collected by the collector and remitted to the Finance
Officer on a scheduled basis and shall be in the amounts established by the City
Council. (Ord. 11819 § 1 (part), 1995: prior code § 6-4.09)
8.28.100 Required solid waste collection.
Every owner of any premises in the city in, upon, or from which solid
waste is created, produced, or accumulated shall dispose of the solid waste
through the regular solid waste collection service of the collector, and shall
pay therefor the rate or rates set by the city. Arrangements with the collector
shall be made by each such owner for the required collection of solid waste, and
such arrangements shall specify the location of the premises, solid waste
container types and sizes, and the frequency of collection. Exemptions from
required solid waste collection may be granted by the Director. The owner of
a single-family dwelling or multifamily dwelling must by prior agreement with
the collector and with the occupants of such dwellings arrange for the
individual, joint, or communal use of solid waste containers thereon and for the
payment of solid waste collection rates; and such owner shall be responsible for
the payment of the solid waste collection rate or rates to the collector. (Ord.
11819 § 1 (part), 1995: prior code § 6-4.10)
8.28.110 Failure to initiate service or to provide sufficient solid waste containers.
The owner of any dwelling shall start service within fifteen (15) days of
occupancy of such dwelling. In the absence of service start-up by owner, the
Director may give the owner written notification that such service is required.
If service is not initiated within fifteen (15) days from the date of mailing of
the notice, then the Director may require the collector to initiate and continue
solid waste service for said dwelling. When in the judgment of the Director
additional solid waste containers and/or collection services are required, they
shall be provided by the owner upon written notification from the Director. The
additional solid waste containers shall meet the requirements set forth in
Section 8.28.140. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.11)
8.28.120 Frequency of solid waste collection.
Collection of solid waste by the collector from each solid waste container
shall be made at least once a week or more often as may be required to
adequately serve the premises. Exemptions from weekly service may be granted by
the Director to those dwellings which produce minimal solid waste and whenever
less frequent service will not produce a public health and safety concern. (Ord.
11819 § 1 (part), 1995: prior code § 6-4.12)
8.28.130 Materials prohibited from solid waste disposal.
Hazardous waste, medical waste, unacceptable waste, earth, rocks,
batteries, human waste and other potentially infectious material, and liquid
wastes shall not be deposited or placed in solid waste containers. Organic waste
of the type produced in the preparation of food shall be drained of all moisture
and completely wrapped before it is placed or put in solid waste containers.
(Ord. 11819 § 1 (part), 1995: prior code § 6-4.13)
8.28.140 Required provision of approved solid waste containers.
All solid waste created or produced in the city shall be deposited in a
container or containers approved by the Director, equipped with suitable handles
and a tight-fitting cover, and watertight. Every person in possession, charge,
or control of any premises shall provide a sufficient number of such containers
of sufficient capacity to hold all solid waste which is created, produced, or
accumulated on such premises between the time of successive collections by the
collector. Such solid waste containers shall be kept in a suitable location upon
such premises, readily accessible to the collector, if backyard service is
provided. Every person subscribing to curbside collection of solid waste shall
place the container(s) at curbside or streetside on their collection day in a
manner that does not block any driveway, sidewalk or street. Containers placed
at curbside or streetside shall be returned to their normal storage area after
the collector has emptied the container(s). By written permission of the
Director, a location for such container or containers upon public property may
be arranged. Solid waste containers for joint or multiple use may be
provided for multifamily dwellings, provided that each container is clearly
marked so as to designate the dwelling which it serves. Each solid waste
container for individual, joint, or multiple use shall have a capacity of not
more than thirty-two (32) gallons if collected manually by the collector and
shall be kept in a clean, neat, and sanitary condition at all times. The
combined weight of each thirty-two (32) gallon container and its contents shall
not exceed seventy-five (75) pounds. (Ord. 11819 § 1 (part), 1995: prior
code § 6-4.14)
8.28.150 Prohibition on disposal.
It is unlawful to dispose of solid waste anywhere in the city except as
provided for in this chapter. (Ord. 11819 § 1 (part), 1995: prior code
§ 6-4.15)
8.28.160 Use of litter receptacles.
It is unlawful for any person to deposit any material from any building or
yard in, on top of, or alongside the street litter receptacles placed in the
sidewalk area; provided, that pedestrians and other persons using said streets
shall be permitted to deposit in said receptacles miscellaneous small articles
of refuse carried by them. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.16)
8.28.170 Collector entitled to payment for services rendered.
Pursuant to the provisions of this chapter, the collector shall be
entitled to payment from owner for any services rendered. City is not
responsible for any payment due collector by reason of either entering into a
franchise agreement, setting rates, adjusting rates, or failing to adjust rates,
except if, and to the extent it is explicitly stated in such franchise
agreement. Should there be a failure by an owner to make payment for any
services rendered by the collector, the means for effecting payment shall be in
accordance with the procedure set forth in Sections 8.28.180 to 8.28.240,
inclusive. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.17)
8.28.180 Complaint of nonpayment.
Upon the expiration of the period during which the collector has rendered
service and has presented the owner with a bill for such service, if the bill
has not been paid in full, the collector shall send to the owner a second
request for payment. The form and content of the second request for payment sent
by the collector shall be approved by the Finance Officer. Upon the
expiration of not less than ten days following the mailing of the second request
for payment by the collector, if the bill remains unpaid, the collector may file
with the Finance Officer a verified written complaint which shall contain the
specific allegations setting forth the name or names of said owner(s), the
address of the dwelling served, the period of such service, the amount due, the
steps taken to secure payment, and such other information as the Finance Officer
may reasonably require. Such verified written complaints shall be submitted by
the collector to the Finance Officer not more than ninety (90) days following
the end of the service period. (Ord. 11819 § 1 (part), 1995: prior code
§ 6-4.17.01)
8.28.190 Payment for services rendered and the assessment of administrative charges.
Upon receipt of the complaint filed in accordance with Section 8.28.180,
the Finance Officer shall pay the amount due the collector from a revolving fund
provided herein under Section 8.28.260 and owner shall be liable to the city for
service charges paid, plus an administrative charge as established by the
city’s master fee schedule. (Ord. 11819 § 1 (part), 1995: prior code
§ 6-4.17.02)
8.28.200 Administrative hearing on delinquent charges.
After making payment to the collector for services rendered, the Finance
Officer will establish a time and place for an administrative hearing to allow
the owner(s) of premises against which delinquent charges are assessed an
opportunity to protest the charges. The Finance Officer shall cause notice of
this hearing to be mailed to each person to whom such described property is
assessed in the most recent property ownership records provided to the city by
the County Assessor on the date that the Finance Officer causes notice to be
mailed. Notice of this hearing may be combined with notice of the hearing before
the City Council as provided herein under Section 8.28.220. At the
administrative hearing, the City Manager and the collector or their designated
representative(s) will hear any protests regarding delinquent charges for
services rendered. The City Manager and the collector or their designated
representative(s) shall investigate the protest as may be required and report
their findings to the owner prior to the hearing before the City Council
provided herein under Section 8.28.220. The City Manager or his or her
designated representative may waive the service fee in those cases where he or
she has found that the charges have been made improperly; where he or she has
found that the owner was improperly notified of the delinquent service fee, he
or she may waive the administrative charges established under Section 8.28.190;
or he or she may recommend to the City Council that the owner receive no waiver
of payment of service fees and/or administrative charges. (Ord. 11819 § 1
(part), 1995: prior code § 6-4.17.03)
8.28.210 Report of delinquent charges transmitted to City Council.
Upon receipt of verified written complaints from the collector, the
Finance Officer shall transmit to the City Council a report of delinquent
charges. Upon receipt by the City Council of the report, it shall fix a time,
date and place for hearing the report and any protests or objections thereto.
(Ord. 11819 § 1 (part), 1995: prior code § 6-4.17.04)
8.28.220 Notice of hearing.
The City Council shall cause written notice of the hearing to be mailed to
the owner of the premises to which the service was rendered not less than ten
days prior to the date of hearing. The said written notice shall be mailed to
each person to whom such premises is assessed in the most recent property
ownership records provided to the city by the County Assessor on the date the
City Council causes notice to be mailed. (Ord. 11819 § 1 (part), 1995:
prior code § 6-4.17.05)
8.28.230 Recordation of lien for delinquent charges.
Upon confirmation of the report of delinquent charges by the City Council,
a lien on the premises to which the service was rendered will be recorded with
the Recorder of the county of Alameda. (Ord. 11819 § 1 (part), 1995: prior
code § 6-4.17.06)
8.28.240 Collection of delinquent charges by special assessment.
Upon the confirmation of the report pursuant to Section 8.28.210 by the
City Council, the delinquent charges contained therein which remain unpaid by
the owner shall constitute a special assessment against the premises to which
service was rendered and shall be collected at such time as established by the
County Assessor for inclusion in the next property tax assessment. The
Finance Officer shall turn over to the County Assessor for inclusion in the next
property tax assessment the total sum of unpaid delinquent charges consisting of
the delinquent solid waste collection service charges and administrative
charges, plus an assessment as established by the city’s master fee
schedule as a special assessment against the premises to which said service was
rendered. Thereafter, said assessment may be collected at the same time and
in the same manner as ordinary municipal taxes are collected and shall be
subject to the same penalties and the same procedures of sale as provided for
delinquent ordinary municipal taxes. The assessment shall be subordinate to all
existing special assessment liens previously imposed upon the premises and
paramount to all other liens except for those of state, county and municipal
taxes, with which it shall be upon parity. The lien shall continue until the
assessment and all interest and charges due and payable thereon are paid. All
laws applicable to the levy, collection and enforcement of municipal taxes shall
be applicable to said special assessments. (Ord. 11819 § 1 (part), 1995:
prior code § 6-4.17.07)
8.28.250 Release of lien assessment.
In addition to the assessments as provided by Section 8.28.240, there is
assessed a procedural fee in an amount equal to the amount charged by the
Alameda County Recorder’s Office as and for a county service charge and a
release of lien filing fee. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.17.08)
8.28.260 Mandatory refuse collection fund.
The mandatory solid waste collection fund shall be credited with such sums
as may be appropriated by the City Council, delinquencies collected by the
Finance Officer, assessments collected by the Tax Collector, and sums received
in consideration of release of liens. Expenditures from said fund shall include
payments to the collector for owner delinquent accounts and those operating
expenses incurred by the city for the administration of the mandatory solid
waste program. The sum of one hundred forty thousand dollars ($140,000.00) shall
be maintained in the mandatory solid waste collection fund; and excess over this
sum shall be transferred to the unappropriated balance of the general fund.
Transfers from the unappropriated balance of the general fund shall also be
authorized, as necessary, to maintain the integrity of the mandatory solid waste
collection fund. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.17.09)
8.28.270 Manner of giving notices.
Any notice required to be given hereunder by the city, the Director, the
Finance Officer or any collector to an owner shall be sufficiently given for all
purposes hereunder if personally served upon the owner or if deposited, postage
prepaid, addressed to the “Owner” at the official address if the
owner maintained by the Tax Collector for the mailing of tax bills, or, if no
such address is available, to the owner at the address of the dwelling. (Ord.
11819 § 1 (part), 1995: prior code § 6-4.17.10)
8.28.280 Violations, enforcement and remedies.
A. Penalty for Violation. Any person convicted of an infraction under the
provision of this chapter shall be punished upon a first conviction by a fine of
not more than one hundred dollars ($100.00) and, for a second conviction within
a period of one year, by a fine of not more than two hundred dollars ($200.00)
and, for a third or any subsequent conviction within a one-year period, by a
fine of not more than five hundred dollars ($500.00). Any violation beyond the
third conviction within a one-year period may be charged by the City Attorney or
the District Attorney as a misdemeanor and the penalty for conviction of the
same shall be punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment in the county jail for a period of not more than
six months or by both. B. Continuing Violation. Unless otherwise provided, a
person shall be deemed guilty of a separate offense for each and every day
during any portion of which a violation of this chapter is committed, continued
or permitted by the person and shall be punishable accordingly as herein
provided. C. Violations Deemed a Public Nuisance. In addition to the
penalties herein provided, any condition caused or permitted to exist in
violation of any of the provisions of this chapter is a threat to the public
health, safety and welfare, and is declared and deemed a nuisance. D. Civil
Actions. In addition to any other remedies provided in this chapter, any
violation of this chapter may be enforced by civil action brought by the city.
In any such action, the city may seek, and the court shall grant, as
appropriate, any or all of the following remedies: 1. A temporary and/or
permanent injunction; 2. Assessment of the violator for the costs of any
investigation, inspection, or monitoring survey which led to the establishment
of the violation, and for the reasonable costs of preparing and bringing legal
action under this subsection (including attorneys’ fees); 3. Costs
incurred in removing, correcting, or terminating the adverse effects resulting
from the violation (including attorneys’ fees). E. Authority to Issue
Citations. Authorized enforcement officials or employees may issue a citation
and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2
of the Penal Code, including Section 853.6 (or as the same may hereafter be
amended). It is the intent of the City Council that the immunities prescribed in
Section 836.5 of the Penal Code be applicable to public officers or employees or
employees acting in the course and scope of employment pursuant to this
chapter. F. Administrative Enforcement Option. Chapters 1.08, 1.12 and 1.16
of this code, which provide for alternative code enforcement mechanisms,
including but not limited to a civil penalty program and an administrative
citation program, are incorporated by reference as if fully set forth
herein. G. Remedies Not Exclusive. Remedies under this chapter are in
addition to and do not supersede or limit any and all other remedies, civil or
criminal. The remedies provided for herein shall be cumulative and not
exclusive. (Ord. 11819 § 1 (part), 1995: prior code §
6-4.18)
8.28.290 Rates of compensation for solid waste collection.*
* Editor’s note: Ordinance 12499 § 4 authorizes annual rate
increases for solid waste collection without presentation of rate changes to the
City Council.
The current rates to be charged by collector for the
collection and disposal of solid waste are set forth in this section, as
adjusted pursuant to Section 8.28.020. These rates shall become effective as of
July 1, 1996.
City of Oakland Single Family Residential
Rates July 1, 2008 - June 30, 2009
Contractor Supplied Cans
Customer Supplied Cans
Curbside service
Mini Can Rate--20 Gallon
$19.76
35 Cart
$26.51
64 Cart
$57.80
96 Cart
$89.06
Premium Backyard Service
Mini Can Rate--20 Gallon
$35.44
$31.95
35 Cart
$42.19
$38.70
64 Cart
$73.48
$69.99
96 Cart
$104.74
$101.25
Physically Disabled Customers receive backyard service at curbside
rates.