Chapter 8.28 SOLID WASTE COLLECTION AND DISPOSAL AND RECYCLING

8.28.010 Definitions.

8.28.020 Procedures for determining rates of compensation.

8.28.030 Collection of recyclable or organic recyclable materials.

8.28.040 Ownership of recyclable materials.

8.28.050 Right of persons to dispose of recyclables or organic recyclable material.

8.28.060 Collection of solid waste restricted to collector.

8.28.070 Transportation of solid waste on city streets restricted to collector.

8.28.080 City fees.

8.28.090 Recycling surcharge fee.

8.28.100 Required solid waste collection.

8.28.110 Failure to initiate service or to provide sufficient solid waste containers.

8.28.120 Frequency of solid waste collection.

8.28.130 Materials prohibited from solid waste disposal.

8.28.140 Required provision of approved solid waste containers.

8.28.150 Prohibition on disposal.

8.28.160 Use of litter receptacles.

8.28.170 Collector entitled to payment for services rendered.

8.28.180 Complaint of nonpayment.

8.28.190 Payment for services rendered and the assessment of administrative charges.

8.28.200 Administrative hearing on delinquent charges.

8.28.210 Report of delinquent charges transmitted to City Council.

8.28.220 Notice of hearing.

8.28.230 Recordation of lien for delinquent charges.

8.28.240 Collection of delinquent charges by special assessment.

8.28.250 Release of lien assessment.

8.28.260 Mandatory refuse collection fund.

8.28.270 Manner of giving notices.

8.28.280 Violations, enforcement and remedies.

8.28.290 Rates of compensation for solid waste collection.*

8.28.010 Definitions.

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.


Low Income Senior Rate Discount
12.5%

Bag It Rate
$5.56

Additional 64-gallon Yard Trimmings/Food Scraps Cart(s)
$8.69

Residential Special P/U Rate--Other Than Regular Day
$26.53

Residential Special P/U Rate--Regular Day - Scheduled
$7.06

Residential Special P/U Rate--Regular Day - Unscheduled
$10.10

One 32-gallon Can Service--Commercial Rate
$26.65

Additional 32 gallon can
$26.33

Monthly Excess/Overage Charge--Can Service
$0.83 per gallon

Bin Service--Monthly Excess/Overage Charge--Residential
$0.99 per gallon

Bin Service--Monthly Excess/Overage Charge--Commercial
$0.83 per gallon

Trailer Parks & Multi Family Units (5 & Above)


If Bill is Paid By One Person/Mgmt. Co., Contractor Offers an 8% Discount


One 32 Gal. Can Per Unit
$21.09

City of Oakland
Multi Family Residential Rates (Monthly)
Rates Discounted to Account for Tenant Vacancy
July 1, 2008 - June 30, 2009
These rates DO NOT INCLUDE bulky pick-up service.
Rates for apartment complexes with 5 or more units
# of units
1/week
2/week
3/week
4/week
5/week

$21.09 Discounted rate
$42.14 Discounted rate
$63.24 Discounted rate
$84.31 Discounted rate
$105.40 Discounted rate
5
$105.45
$210.70
$316.20
$421.55
$527.00
6
$126.54
$252.84
$379.44
$505.86
$632.40
7
$147.63
$294.98
$442.68
$590.17
$737.80
8
$168.72
$337.12
$505.92
$674.48
$843.20
9
$189.81
$379.26
$569.16
$758.79
$948.60
10
$210.90
$421.40
$632.40
$843.10
$1,054.00
11
$231.99
$463.54
$695.64
$927.41
$1,159.40
12
$253.08
$505.68
$758.88
$1,011.72
$1,264.80
13
$274.17
$547.82
$822.12
$1,096.03
$1,370.20
14
$295.26
$589.96
$885.36
$1,180.34
$1,475.60
15
$316.35
$632.10
$948.60
$1,264.65
$1,581.00
16
$337.44
$674.24
$1,011.84
$1,348.96
$1,686.40
17
$358.53
$716.38
$1,075.08
$1,433.27
$1,791.80
18
$379.62
$758.52
$1,138.32
$1,517.58
$1,897.20
19
$400.71
$800.66
$1,201.56
$1,601.89
$2,002.60
20
$421.80
$842.80
$1,264.80
$1,686.20
$2,108.00
City of Oakland
Commercial Rates for Bins
July 1, 2008 - June 30, 2009
Container Size
Frequency Per Week 1
Frequency Per Week 2
Frequency Per Week 3
Frequency Per Week 4
Frequency Per Week 5
Frequency Per Week 6
Frequency Per Week Special Pick Up
1 Yard
$124.45
$252.14
$396.05
$551.68
$671.21
$790.84
$41.40
1.5 Yard
$174.14
$318.84
$526.59
$754.00
$936.97
$1,119.92
$52.93
2 Yard
$227.68
$420.65
$697.20
$999.72
$1,243.08
$1,486.59
$64.52
3 Yard
$326.27
$615.76
$1,028.43
$1,480.63
$1,843.96
$2,207.27
$86.56
4 Yard
$420.46
$797.34
$1,291.54
$1,861.26
$2,318.69
$2,776.20
$102.97
6 Yard
$583.13
$1,120.23
$1,657.19
$2,194.24
$2,731.24
$3,268.23
$137.91
7 Yard
$682.07
$1,308.66
$1,935.11
$2,561.70
$3,188.17
$3,814.75
$158.08

City of Oakland
Roll Off Rates
July 1, 2008 - June 30, 2009
Box Size
Rates
20 Yard Box or Less
$518.64
30 Yard Box
$778.00
40 Yard Box
$1,037.32
50 Yard Box
$1,296.64


Relocation Charge
$103.96
Stand-by Time
$119.83
Placement Charge
$69.69
Demurrage Charge Per Week
$33.52
Demurrage Charge Per Day Thereafter
$4.81
Flasher Charge per Pull
$34.77
Per Additional Yard if Overloaded 6 Yards or More
$25.91
Note:
Compactor Rates twice the regular rate.
Demurrage charge to permanent customers when frequency falls below minimum level of service of 1 time per week.

(Ord. 12604 § 1, 2004: Ord. 11819 §§ 1 (part), 3, Exh. B, 1995: prior code § 6-4.20)