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buildings with four (4) or more units existing on January 1, 1972, <br />and for residential buildings with three (3) units existing on <br />February 23, 1983, upon a finding by the executive director of <br />public works that~ no space is available for such bins within the <br />boundary lines of subject property. In no case, however, shall bin <br />locations be permitted in the front yard setback or within areas <br />required for meeting minimum off-street parking requirements of <br />applicable zoning regulations. Any applicant who has been denied <br />a waiver by the executive director of public works may appeal such <br />action to the city council by filing within thirty (30) days after <br />such denial, a written statement of his or her reasons why the city <br />council should reverse the action from which the appeal is taken. <br /> <br /> (b) Multifamily residential buildings receiving bin service <br />pursuant to subsection (a) shall be required to obtain such service <br />in the amount of not less than one-half (1/2) of one yard per <br />dwelling unit per week. <br /> <br /> (c) In the event that solid waste being disposed of at a <br />residential bin service building exceeds the bin capacity for such <br />building, the solid waste collection contractor shall notify the <br />executive director of public works who shall cause an inspection to <br />be made of the premises. If the executive director of public works <br />determines that there is insufficient bin capacity at said <br />location, he or she shall cause written notification to be given to <br />the property owner. Said notification shall contain the date of <br />the reported overflow of solid waste from the bins. The notice <br />shall also inform the property owner that should another incident <br />of overcapacity occur within thirty (30) days following the date of <br />the original incident, the property owner will be required to <br />increase the number of bins, or the frequency of collections, up to <br />the equivalent of two (2) cubic yards per dwelling unit per week. <br />In the event that this should occur, the executive director of <br />public works shall determine whether to increase the number of bins <br />or the frequency of collections and the solid waste collection <br />contractor shall furnish such additional services and shall be <br />entitled to compensation from the customers to the same extent as <br />if the customer requested such additional collections from the <br />solid waste collection contractor. <br /> <br /> SECTION 7: That section 16-37.5 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />8ec.16-37.5. Service requirements for commercial/ industrial <br /> buildings. <br /> <br /> (a) It shall be mandatory that all commercial units and/or <br />buildings and all industrial units and/or buildings be served by <br />bin or roll-off service. Any person in the city who desires or is <br />required to receive bin and/or roll-off service is required to <br />obtain such services from the solid waste collection contractor <br /> <br /> <br />