13.01 DEFINITIONS

13.02 GENERAL OBLIGATIONS

13.03 DUTY OF COLLECTION

13.04 PREPARATION OF ADDITIONAL REGULATION FOR COLLECTION; POSTING; OPEN BURNING

13.05 OPEN BURNING PROHIBITED

13.06 SCATTERING PROHIBITED

13.07 RESPONSIBILITY AND ENFORCEMENT FOR ACCUMULATE RESIDENTIAL OR COMMERCIAL SOLID WASTE ON OCCUPIED PRIVATE PROPERTY

13.08 RESPONSIBILITY AND ENFORCEMENT FOR RESIDENTIAL OR COMMERCIAL SOLID WASTE ON VACANT PRIVATE
PROPERTY

13.09 UNAUTHORIZED COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE; ANTISCAVENGING

13.10 SOLID WASTE CONTAINERS: RESPONSIBILITY FOR FURNISHING

13.11 LOCATION OF SOLID WASTE AND RECYCLING CONTAINERS; YARD WASTE COMPOST; HOURS OF PLACEMENT; ENFORCEMENT

13.12 CLEANING UP BUILDER'S REFUSE; ASSESSMENT AGAINST PROPERTY

13.13 BACKYARD COMPOSTING

13.01 DEFINITIONS

Terms used in this chapter mean as follows:

Ashes: Residue from fireplaces or from fires used for cooking and for heating buildings.

Backyard compost: The process of layering and mixing grass clippings or other green nitrogen material, chopped leaves or other brown carbon material or soil and water to produce a rich humus or soil amendment used in landscape practices.

Builder's or contractor's refuse: Forms of refuse generated from building construction, alterations or repairs by contractors or tradesmen.

Building: A structure used in whole or in part of human habitation, manufacturing, sales, or other purposes.

Bulk refuse: Items too large to handle in the regular rubbish truck, such as white goods and brown goods as further defined by the adopted rules.

Collection System: A contractors. duly authorized by agreement to collect solid waste within the Village of Beverly Hills.

Combustible: Any materials capable of igniting or maintaining a burn.

Commercial solid waste: A solid-waste material resulting from the operation of mercantile enterprises; it includes garbage and rubbish and excludes all hazardous waste.

Curbside recycling collection: The regular collection of glass, metal, plastic, batteries, newspapers, and magazines of the specific types delineated by the adopted rules.

Garbage: Animal, vegetable or fruit waste resulting from the handling, preparation, cooking and consumption of foods and all other putrescible solid waste, but not dead animals.

Municipal solid waste: Bulk refuse, yard waste, yard waste compost, recyclables, garbage, and rubbish; excluding hazardous, medical, industrial, builder's or contractor's waste, collected within the Village.

Open burning: A fire from which the products of combustion are emitted directly into the air without passing through a stack or chimney filter.

Recyclables: Glass, metal, plastic, batteries, newspapers, magazines, and yard waste compost, of the specific types delineated by the adopted rules.

Recycling container: A durable or disposable storage container approved by the Village Manager or his/her designee for collecting recyclables. Recycling containers shall come in two or more configurations: a yard-waste-compost container with a village-approved sticker or a village-approved bag; the other, a city-provided bin used for recyclables.

Refuse: Forms of waste as defined in this section, excluding all recyclables as defined in this section.

Residential solid waste: Waste materials resulting from the usual routine of housekeeping; it includes garbage and rubbish and excludes all hazardous waste.

Rubbish: Miscellaneous waste materials resulting from housekeeping and ordinary commercial enterprises, including such materials as waste paper, ashes, plate or window glass, crockery, and rubber, but excluding hazardous waste.

Solid-waste container: A durable or disposable container approved by the Village Manager or his/her designee for collecting solid waste, including yard waste compost.

Yard waste: Tree branches, logs, stumps, bushes, heavy brush clippings, sticks, vines, shredded or small twigs, and general yard waste.

Yard waste compost: Leaves, grass clippings, wood chips, garden vegetables, and old potting soil free of debris.

13.02 GENERAL OBLIGATIONS

It shall be mandatory that all persons dispose of their residential solid waste through the Village of Beverly Hills authorized collection system. Residential solid waste shall be segregated as provided by resolution of the Village Council, from all other solid waste produced and separately bundled and contain such items for proper collection, disposal, and recycling according to the provision herein. The Village shall collect and dispose of only those solid wastes which have been properly segregated and contained in conformance with the rules adopted by the Village Council. Solid wastes left at the curb because of non-conformance with adopted rules must be removed by 7:00 a.m. on the day following the scheduled pick-up day.

13.03 DUTY OF COLLECTION

The Village shall collect and dispose of all solid waste, ashes, bulk refuse, garbage, rubbish, yard waste, yard waste compost, and recyclables not builder's or contractor's refuse., from only residential properties in accordance with the Village of Beverly Hills authorized
collection system. This solid waste shall be properly prepared and placed for collection according to the adopted regulations of this chapter and those promulgated pursuant thereto.

13.04 REPARATION OF ADDITIONAL REGULATIONS FOR COLLECTION; POSTING; OPEN BURNING

The Village Manager shall promulgate rules to be adopted by the Village Council concerning the preparation for collection, specifications for solid waste containers, days for collection of solid waste containers, the location, place and times where solid waste and recyclables containers are to be placed for collection. These regulations shall be conspicuously posted in one or more areas in the Village which are accessible to the public and in which public notices are regularly posted, and, published in a newspaper of local circulation.

13.05 OPEN BURNING PROHIBITED

No person shall cause or permit any open burning of fuel, garbage or other combustible refuse or waste material, including leaves, brush, tree trimmings and grass. This provision shall not be construed to prohibit fires of charcoal or of a non-ash-producing fuel when used for the exclusive preparation of food for human consumption.

13.06 SCATTERING PROHIBITED

No person shall by himself, or by another, scatter, leave, distribute or deposit, except in proper containers, any form of solid waste in any street, alley, park or public place or upon the property of another within the corporate limits of the Village. No paper, lawn cuttings or rakings, leaves, weeds, ashes, other residential or commercial solid waste, hazardous waste, or builder's or contractor's refuse shall be thrown or swept into any street, gutter, intake, alley, vacant lot or other public or private property.

13.07 RESPONSIBILITY AND ENFORCEMENT FOR ACCUMULATED RESIDENTIAL OR COMMERCIAL SOLID WASTE ON OCCUPIED PRIVATE PROPERTY

a. It shall be the duty of every proprietor, tenant, lessee or occupant of occupied private property to maintain at all times such property in a clean and orderly condition, permitting no deposit or accumulation of residential or commercial solid waste, other than those materials ordinarily attendant upon the day-to-day use for which such property is legally intended.

b. If residential or commercial solid waste is allowed to accumulate, other than in proper containers or in an approved compost pile, on occupied private property, or upon a sidewalk or boulevard, or in the alley of rear thereof, the proprietor, tenant, lessee or occupant shall remove such solid waste forthwith.

c. The Village Manager or his/her designee may order the owner, proprietor, tenant, lessee or occupant of such occupied private property to remove solid waste material by 7:00 a.m. the day following receipt or posting of notice requiring same. Such order may be served either by certified mail or posting of the property in a conspicuous place on the property.

If such waste is not removed by 7:00 a.m. the day following notice, or by such time as may be required by the notice, the Village Manager or his/her designee shall cause the waste to be removed and disposed of by Village personnel or independent contractor; the cost thereof, including reasonable inspection fees and costs of notice, shall be paid by the property owner; if not paid within 30 days of mailing of an invoice to the person responsible for the property at the address indicated in the latest tax or assessment roll, the cost shall be confirmed by the assessor and assessed as a lien upon the property in the manner provided in the Village Charter for tax liens.

13.08 RESPONSIBILITY AND ENFORCEMENT FOR RESIDENTIAL OR COMMERCIAL SOLID WASTE ON VACANT PRIVATE PROPERTY

The owner of vacant private property, as reflected in the roll maintained by the Village Assessor, shall cause residential or commercial solid waste that accumulates on the property, the sidewalk or boulevard in front of such property or in the alley in the rear thereof to be removed forthwith upon notice by the Village Manager or his/her designee. If such solid waste is not removed within the ten 10. days after notice is mailed, the Village Manager or his/her designee shall cause it to be removed and disposed of by Village personnel or by independent contractor; if not paid within thirty 30. days of the mailing of an invoice to the owner of the property as shown in the latest tax or assessment roll, the cost shall become a lien against the property in the manner provided by Chapter 2.02z. Section 2 of the Municipal Code of the Village of Beverly Hills. If the Director of Public Safety, sanitation inspector, or Village Manager or his/her designee determines that such solid waste presents an immediate danger to the public health, safety or welfare, the Village Manager shall cause the solid waste to be removed forthwith using reasonable means to effectuate such removal; the cost of such inspections, notices, removal and disposal shall be paid by the owner. In the event of failure to pay, any amounts due shall become a lien against the property which may be enforced in the manner provided above.

13.09 UNAUTHORIZED COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE; ANTI-SCAVENGING

It shall be a violation of this ordinance for any person not authorized by the Village to collect or pick up or cause to be collected or picked up Municipal solid waste set out for Village collection. Each collection in violation hereof from a collection point or stop shall constitute a separate, distinct offense.

For the purpose of this Section, any person or entity not a party to a collection contract with the Village of Beverly Hills, shall be presumed to be an unauthorized collector.

13.10 SOLID-WASTE CONTAINERS: RESPONSIBILITY FOR FURNISHING

a. The proprietor, tenant, lessee or occupant of private property shall provide and maintain suitable containers for storing all forms of solid waste generated on such property. Exception: The Village or its agent will distribute the first recycling container to each private property.

b. The head of each household residing in a building arranged for one 1. or two 2. families shall provide his/her household unit with approved solid-waste containers sufficient to hold all residential solid waste generated by his/her household between regular collection periods.

c. The owner of a building constructed for three 3. or more families shall provide and maintain solid-waste and recycling containers sufficient to hold all residential solid waste generated by the occupants of the building between regular collection periods. The owner shall also provide and maintain said recycling containers or dumpsters for recyclable refuse. Containers provided by the owner shall be approved by the Village Manager in accordance with the guidelines established in the rules adopted by Village Council.

13.11 LOCATION OF SOLID-WASTE AND RECYCLING CONTAINERS; YARD WASTE COMPOST; HOURS OF PLACEMENT; ENFORCEMENT

a. Location of solid-waste and recycling containers: Between each collection period the proprietor, tenant, lessee, or occupant of a property shall provide a suitable place on such property to store solid waste. Solid-waste and recycling containers shall be protected so that they cannot be easily disturbed by animals; they shall be placed at the rear of each building or structure at a place that is reasonably inconspicuous and away from places occupied by other persons and from streets.

b. Hours of placement: Residential solid waste shall be set out on designated collection days and at such places as shall be specified in the solid-waste regulations approved by the Village Manager. For weekly collection, such solid waste shall not be placed in any street prior to 5:00 p.m. of the day preceding the scheduled collection day except by arrangement with the Village Manager or his/her designee.

c. Enforcement: The Village Manager or his/her designee may order the proprietor, tenant, lessee, or occupant of a private property to remove forthwith such solid waste placed out for collection in violation of Section 13.11b. of this chapter. The order to remove such solid waste shall be either served upon one of the above occupants of the private premises or posted in a conspicuous place thereat. Should another violation of Section 13.11b. of this chapter occur at such property, the Village Manager or his/her designee may cause such solid waste to be removed; the cost thereof, including inspections and notice, shall be paid by the proprietor or assessed against the property in the manner provided by Chapter 2, Section 2.02z. of the Municipal Code of the Village of Beverly Hills.

d. Once emptied, solid-waste and recycling containers placed in any street shall be removed therefrom by the proprietor, tenant, lessee, or occupant of a property no later than 7:00 a.m. of the day following the scheduled pick-up day.

13.12 CLEANING UP BUILDER'S REFUSE; ASSESSMENT AGAINST PROPERTY

a. A landowner or a contractor involved in construction or repair work shall remove from the premises within a reasonable time surplus builder's refuse, construction and building material.

b. If the same is not removed within the forty-eight 48. hours after notice is given to the owner or contractor by the Village of Beverly Hills, the Village Manager or his/her designee may order it to be removed; the cost thereof will be assessed against the land or taken from the deposit made for such purposes under the provisions of Section 22.36.020 of the Beverly Hills Municipal Code.

13.13 BACKYARD COMPOSTING

a. Compost piles may include a combination of yard and garden waste, such as weeds, branches, bark, grass clippings, leaves, stalks and stems, brush or vines; wood ashes; wood chips; coffee grounds; tea leaves; shredded raw fruit and vegetable waste; eggshells; and nutshells.

b. Compost piles shall not include such products as meat and fish scraps, dairy products, bones, cooked food, vegetable oils, salad dressing, peanut butter, or animal manure.

c. Compost piles shall not exceed four feet by eight feet 4' x 8'. or six feet 6'. in diameter and shall not exceed four feet 4'. in height. Double compost piles may be used if the total size does not exceed the above.

d. Compost piles shall be placed only in the rear yard and maintained in a manner that does not emit offensive odors or impair the health, comfort, or welfare of the people.