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HomeMy WebLinkAboutNS-1444REL: ms 7/28/78 ORDINANCE NO. NS-1444 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 16-29, 16-30, 16-31, 16-32, 16-33, AND 16-34 OF THE SANTA ANA MUNICIPAL CODE, AND ADDING SECTIONS 16-35, 16-36, 16- 37, AND 16-38 THERETO, TO REVISE THE MUNI- CIPAL REFUSE COLLECTION REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 16-29 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 16-29 Definitions (a) "Garbage" shall mean and include all animal and vegetable kitchen waste, all household waste which has resulted from the preparation of food, all table refuse or offal, and every accumulation of animal, vegetable or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats, fish, fowls, vegetables, and fruit intended for human and animal consumption. (b) "Solid Waste" shall mean combustible and non- combustible waste materials not included in the term "garbage," and shall include tree and shrubbery trim- m~ngs, lawn renovatings, grass, weeds, leaves, chips, paper, pasteboard, magazines, books, rags, rubber, carpets, clothing, boots, shoes, hats, furniture, bedding, bottles, cans, metals, mineral matter, glass, crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a household or a business. (c) "Refuse" means garbage and solid waste, as such terms are defined herein. However, the term "refuse," for purposes of this Article, shall not include dead animals, manure, sewage waste or waste water, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious deseases, or other highly dangerous materials. (d) "Standard Service" shall mean curbside collection service provided on a weekly basis to occupants not receiving bin service. (e) "Bin Service" shall mean collection service pursuant to agreements between occupants and the City's refuse collection contractor by which bin containers suitable for mechanical unloading are rented to the occupants. SECTION 2: That section 16-30 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 16-30 Exclusivit~ (a) The City and its refuse collection contractor have the exclusive right to collect, transport, and dispose of refuse in the City of Santa Ana, and all refuse placed for collection by the City or its refuse collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. ORDINANCE NO. NS-1444 PAGE TWO (b) The occupant or owner of any premises upon which refuse has accumulated may personally collect, convey, and dispose of such refuse. (¢) Collectors of refuse originating outside the City may haul such refuse over City streets. (d) Any person may collect, transport, and dis- pose of refuse during a period in which collection services by the City or its refuse collection con- tractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the City, provided such persons comply with any and all directives of the Director of Public Works. (e) Any person other than the City or its refuse collection contractor who collects, transports, or disposes of refuse, or who pays another to do so, other than as permitted by subsections (b), (c), or (d) of this section is guilty of a misdemeanor. SECTION 3: That Section 16-31 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 16-31. Transportin~ refuse on City streets No person shall transport refuse pursuant to subsections (b), (c), or (d) of section 16-30, or any other waste material, along the streets of the City unless it is enclosed or otherwise secured so as to prevent it from being blown, dropped, spilled, or leaked. Violation of this section shall constitute a misdemeanor. SECTION 4: That section 16-32 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 16-32 Administration and enforcement (a) The Director of Public Works may make rules and determinations pertaining to the storage, collec- tion, conveyance, and disposal of refuse consistent with this Article and with any resolution or contract of the City Council pertaining to the same, including, but not limited to, the following: (1) The collection day schedules for standard service and, when necessary to improve sanitation or reduce noise, for residential bin service. (2) Determinations as to whether waste material falls within the definition of refuse. (3) Determinations as to whether the condi- tions for receipt of standard service have been satisfied. (4) Determinations as to whether agreements between occupants and the City's refuse collection contractor for special or additional services or for bin service are reasonable and consistent. (5) Regulations pertaining to periods of labor strike or other circumstances affecting collection services throughout the City. -2- ORDINANCE NO. NS-1444 PAGE THREE (b) Any person aggrieved by a rule or determina- tion of the Director of Public Works shall have the right of appeal to the City Manager, who shall have the authority to confirm, modify, or revoke the same. (c) The Director of Public Works and his designated representatives are authorized to enforce any provision of this Article the violation of which is made an infraction or a misdemeanor, or which declares any condition to constitute a public nuisance. The County Health Officer is likewise authorized to enforce any such provisions insofar as they pertain to the protection of the public health and sanitation. SECTION 5: That section 16-33 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Sec. 16-33 Standard service regulations Unless otherwise provided by special agreement for extra services between an occupant and the City's refuse collection contractor, subject to reasonable fees for extra services, occupants receiving standard service shall comply with the following regulations as a condition to regular curbside collection: (a) Ail refuse shall be placed in containers provided by the occupant which are adequate to eliminate overflow or contamination of surrounding areas, except as otherwise provided herein. Containers shall also conform to any standards established by resolution of the City Council. Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceed- ing 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds. (b) The following are not acceptable as containers: (1) Oil or grease drums or similar heavy metal containers. (2) Paper grocery bags or bags which are torn or which are not securely closed. (3) Broken or wet cardboard boxes. (4) Broken wooden boxes or crates or any other container with sharp, rough or jagged edges which may hamper or injure the collector. (c) Except as prohibited by (b) above, cardboard or wood cartons or bags made for refuse disposal purposes may be used as temporary containers, provided that they shall be considered as refuse and will not be returned. Any cardboard or wooden carton not specifically used as a temporary container must be broken down, flattened, and disposed of as in (d) below. (d) Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds, and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. No such bundle shall exceed four feet in length, eighteen inches in thickness, or forty pounds in weight. -3- ORDINANCE NO. NS-1444 PAGE FOUR (e) Large, bulky items, such as furniture and household equipment, will not be collected unless broken down and packaged to a size and weight easily handled by one man, except upon such days as may be designated by the City for special collection of large, bulky items without charge. (f) Ail kitchen waste, ashes, hair clippings, floor sweepings and similar light materials must be well and securely wrapped to prevent spillage. Hot ashes will not be collected. Free liquids shall be drained from refuse prior to placement for collection. (g) Except at single-family dwellings, duplexes and triplexes, the amount of refuse placed for collec- tion by any individual service unit shall not exceed 200 pounds per week, including the weight of the containers. (h) Refuse shall be placed on the curb along a public or private street, or along an alley having street access at both ends; provided, the city or its refuse collection contractor may condition collection from private streets upon reasonable access and upon the agreement of owners and occupants for the use of the private streets, including a reasonable fee for special services. SECTION 6: That section 16-34 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 16-34 Infractions Any person violating any of the following provisions of this section shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable by a fine of twenty-five dollars ($25.00), or, upon a second conviction within one year of a prior conviction for the same offense, by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00): (a) No occupant shall allow refuse or empty containers to remain along, at, or near any public street, sidewalk, or parkway (excluding alleys), except: (i) between the hours of four (4:00) p.m. of the day preceding the occupant's weekly collection day and twelve (12:00) midnight of such collection day; or (ii) pursuant to an agreement for collection services between the occupant and the City's refuse collection contractor; or (iii) during any period in which regular collection service is interrupted or delayed. (b) Occupants shall maintain containers, in- cluding bin containers obtained from the City's refuse collection contractor, in a reasonably sanitary condition, free from obnoxious odors and from attachments of garbage likely to create breeding grounds for insects or vermin, beyond that incidental to refuse deposited since the previous collection; provided that occupants receiving bin service may order bin cleaning services, subject to a reasonable fee, from the City's refuse collection contractor in lieu of cleaning such bin containers themselves. -4- ORDINANCE NO. NS-1444 PAGE FIVE (c) NO occupant shall use any container having any sharp protrusion or other defect liable to cause injury to the person collecting the refuse therein. (d) No person shall use the container of another person for disposal of refuse without the consent of such other person. SECTION 7: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 16-35, which said section reads as follows: Sec. 16-35 Unlawful Accumulations (a) No occupant shall allow refuse to accumulate upon the premises under his control in an amount which is detrimental to the public health or safety or which results in unsightly or insanitary conditions. Violation of this section shall constitute a misdemeanor. (b) Any accumulation of refuse upon any premises which is detrimental to the public health or safety or which results in unsightly or insanitary conditions constitutes a public nuisance abatable pursuant to Chapter 17 of this Code or other applicable law. SECTION 8: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 16-36, which said section reads as follows: Sec. 16-36 Disposal of dangerous materials Any person violating any of the following provisions shall be deemed guilty of a misdemeanor: (a) No person shall dispose of any wearing apparel, bedding, or other material from any place where highly infectious or contagious diseases have prevailed except under the supervision and direction of the health officer or his representative. (b) No person shall dispose of any highly inflam- mable or explosive materials except under the supervision and direction of the fire chief or his representative. SECTION 9: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 16-37, which said section reads as follows: Sec. 16-37 Service requirements for multi-family residential buildings (a) It shall be mandatory that residential build- ings with four or more dwelling units be served by bin service. This requirement may be waived for residential buildings existing on January 1, 1972, upon a finding by the Director of Public Works that no space is avail- able for such container within the boundary lines of subject property. In no case, however, shall container locations be permitted in the front yard set-back or with areas required for meeting minimum off-street parking requirements of applicable zoning regulations. Any applicant who has been denied a waiver by the 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 reasons why the City Council should reverse the action from which the appeal is taken. -5- ORDINANCE NO. NS-1444 PAGE SIX (b) Multi-family 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 (1) yard per dwelling unit per week. (c) In the event that the City Council determines that any specified area of the city containing several residential buildings receiving bin service has evidenced a need for more extensive collection service than is required by the minimum set by subsection (b) for sanitation or health reasons, the Council may impose higher collection service requirements upon the resi- dents of such buildings by resolution. SECTION 10: That the Santa Aha Municipal Code, is hereby amended by adding a section to be numbered 16-38, which said section reads as follows: Sec. 16-38 Service charges (a) Owners and occupants of any occupied parcel of real property in the City, as shown on the latest County assessment role, except any parcel receiving bin service exclusively, shall pay to the City a refuse collection service charge in such amounts, at such times, and in such manner as shall be established by resolution of the City Council. Such service charge is imposed to provide for the continuing availability of standard service, and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the City Council. (b) For purposes of administrative convenience the City Council may establish billing units for pay- ment of the said service charge consisting of one or more occupancies within one or more parcels. (c) The said service charge shall be a civil debt owing to the City. In the event that owner and occupant are not the same, owner and occupant shall be jointly and severally liable for payment of such indebtedness. In addition to all other civil remedies for collection of such indebtedness, delinquent service charges shall be subject to special assessment and lien against property in the manner provided in sections 38790.1 and 25831 of the Government Code of the State of California. (d) Charges for bin service or for collection services more frequent or more extensive than that provided in this Article for standard service shall be paid directly to the City's refuse collection contractor in accordance with such regulations as shall be estab- lished by contract or resolution of the City Council. SECTION 11: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. -6- ORDINANCE NO. NS-1444 PAGE SEVEN SECTION 12: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 21st the following vote: AYES: NOES: __ day of AuKust , 1978, by COUNCILMEN: Ward, Brandt, Yamamoto, Evans Garthe COUNCILMEN: Ortiz ABSENT: COUNCILMEN: ATTEST: Br~en ~ CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, City Attorney -7-