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ORDINANCE NS-2199 19~ Page 11 collection site or as directed by the health officer, fire chief or solid waste collection contractor; ~' ~ ~ ~ That section 16-37 of the Santa Ana Municipal Code is hereby amended to read as follows: Beg. 16-37. Ssrvioe requirements for multifamiXy residential buildings. (a) It shall be mandatory that residential buildings with three (3) or more dwelling units be served by bin service. This requirement may be waived for residential buildings with four (4) or more units existing on January 1, 1972, and for residential buildings with three (3) units existing on February 23, 1983, upon a finding by the executive director of public works that no space is available for such bins within the boundary lines of subject property. In no case, however, shall bin locations be permitted in the front yard setback or within areas required for meeting minimum off-street parking requirements of applicable zoning regulations. Any applicant who has been denied a waiver by the executive director of public works may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. (b) Multifamily residential buildings receiving bin service pursuant to subsection (a) shall be required to obtain such service in the amount of not less than one-half (1/2) of one yard per dwelling unit per week. (c) In the event that solid waste being disposed of at a residential bin service building exceeds the bin capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin capacity at said location, he or she shall cause written notification to be given to the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bins. The notice shall also inform the property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner will be required to increase the number of bins, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the executive director of public works 11