Ordinance 2994CITY OF ALAMEDA ORDINANCE No. 2994
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
VARIOUS SECTIONS OF CHAPTER XXI (SOLID WASTE AND
RECYCLING) TO CLARIFY THE DEFINITION OF CUSTOMER
AND CUSTOMER RESPONSIBILITIES
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended
amending Section 21-2 (Definitions) of Article II (General Regulations) of Chapter
XXI (Solid Waste and Recycling) to read as follows:
Customer shall mean the person to whom franchisee and/or permittee shall
submit billing invoices and from whom it shall collect payment for collection
services provided to a premises generating solid waste , recyclable materials
organic materials , and receiving collection services from the franchisee and/orpermittee. As determined pursuant to the policies of the franchisee , thecustomer may be the occupant or owner of the premises , provided that the owner
of the premises shall be responsible for payment of collection services , in theevent an occupant of a premises , who is identified as the customer with respect
to the owner s premises , fails to make such payment.
Multi-family shall mean any residential complex with five (5) or more units used
for residential purposes irrespective of whether residence therein is transient
temporary or permanent. Multi-family premises includes yacht harbors and
marinas where residents live aboard boats. Multi-family premises includecondominiums and cooperative apartments with five (5) or more units. Suchpremises shall have centralized solid waste , recyclable materials , and organic
materials collection services sufficient for all units on the premises , which service
shall be billed to the customer.
Multi-plex shall mean any residential complex with two (2) to four (4) units used
for residential purposes irrespective or whether residence therein is transient
temporary, or permanent. Multi-plex premises include condominiums andcooperative apartments with two (2) to four (4) units. Such premises may have
individual or consolidated solid waste , recyclable materials , and organic materials
collection service sufficient in volume to service each unit on the premises , andwill be billed to customer.
Section 2. The Alameda Municipal Code is hereby amended by
amending Subsection 21-1 (Solid Waste , Recyclable Materials , and Organic
Materials Collection Required) of Section 21-(Collection and Removal) of
Article II (General Regulations) of Chapter XXI (Solid Waste and Recycling) to
read as follows:
a. Solid Waste. The occupant or 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 at least once each week through the solid waste collection
service of the franchisee , unless otherwise exempt as per subsection 21-
20.4(d)(4). The customer of the premises shall pay the franchisee for such
removal at rates established by the franchisee that comply with City-established
policies and do not exceed the rate ceilings set by the City.
b. Recyclable Materials and Organic Materials. It is mandatory that the
owner or occupant of any premises contract with and pay the franchisee for
recyclable materials and organic materials collection services , unless otherwise
exempt as per subsections 21-20.4(d). The owner or occupant shall pay the
franchisee at rates established by the franchisee that comply with City-
established policies and do not exceed the rate ceilings set by the City. It is
mandatory that the customer ensures that recyclable and organic materials are
placed in the proper collection containers in accordance with franchisee
instructions.
c. SelVice Arrangements. Each customer shall make arrangements with the
franchisee for the required collection of solid waste , recyclable materials , and
organic materials. Such arrangements shall specify the location of the premises
the type and size of containers to be provided by franchisee for collection of solid
waste , recyclable materials , organic materials , and the frequency of collection.
Each customer shall contract with franchisee for a sufficient number of solid
waste containers to hold all solid waste that is created , produced , or accumulated
on such premises between the times of successive collections by the franchisee.
If the Public Works Director determines that additional receptacles or capacity
are necessary, the customer shall provide for such additional service within
fifteen (15) days of the mailing of a written notice by the Public Works Director.
d. Failure to Initiate SelVice. Should any owner or occupant fail to initiate the
collection of solid waste , recyclable materials , or organic materials or fail to
obtain additional service when required pursuant to paragraph c above , the City
may initiate such service or additional service at the customer s expense.
Section 3. The Alameda Municipal Code is hereby amended by
amending Subsection 21-20.4 (Charges for Service) of Section 21-20 (Franchise
Agreements) of Article III (Franchise Agreements) of Chapter XXI (Solid Waste
and Recycling) to read as follows:
b. Payment. Every customer receiving integrated waste collection service for
solid waste , and/or recyclable materials , and/or organic materials shall pay the
rate for those services established by the franchisee in accordance with City-
established policies , whether used in whole or in part. If an occupant of a
premises fail to pay, the property owner shall be responsible for payment to the
franchisee.
Section 4. Severability Clause. If any of the provisions of this chapter
or the application thereof to any person or circumstances is held invalid , such
invalidity shall not affect any other provisions or applications of this chapter which
can be given effect without the invalid provision or application. To this end the
various provisions of this chapter are severable and each would have been
enacted without the other.
Section 5. This ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Attest:
******
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the day of April , 2009 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 22 day of April , 2009.
Lara Weisiger , City Cler
City of Alameda