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HomeMy WebLinkAboutOrdinance #1365 ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 32 OF THE HUNTINGTON BEACH ORDINANCE CODE, RELATING TO REFUSE DISPOSAL, AND ADOPTING CHAPTER 32 ENTITLED "REFUSE COLLECTION AND DISPOSAL. " The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Chapter 32 of all articles and sections thereof are hereby repealed. Section 2. That the following Chapter, Articles and Sections of Chapter 32 of the Huntington Beach Ordinance Code are hereby added and as added shall read in words and figures as follows: CHAPTER 32 REFUSE COLLECTION AND DISPOSAL ARTICLE 321. - GENERAL 322. - DEFINITIONS 323. - COLLECTION VEHICLE AND REFUSE CONTAINERS 324. - REFUSE COLLECTION 325 - FEES 326 - CERTIFICATE OF PUBLIC NEED AND NECESSITY ARTICLE 321 GENERAL S. 3210 Owner to keep premises clear of garbage and other offensive substances. S. 3210. 1 Every owner, tenant, occupant or person owning or having care of any premise shall keep said premise in a clean and sanitary condition, and no person shall permit any sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animal, rubbish, cans, wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premise owned or occupied by him or under his control except as otherwise provided by law. ARTICLE 322 DEFINITIONS S. 3220 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings herein- after set forth. Any word or phrase used in this chapter which is not hereinafter specifically defined shall have the meaning commonly attached to such word or phrase in ordinary usage. S. 3220. 1 Refuse. Refuse shall mean and include all garbage, animal or vegetable, or household waste; all combustible or in-' combustive trash or waste which ordinarily is created or accumulated in the operation and maintenance of a household, business or industry, including leaves, cuttings, trimmings from trees, shrubs, grass, and filth of any kind. Refuse does not include heavy or bulky articles such as trees, tree limbs, logs, automobile bodies, large motor_ vehicle parts, building materials, abandoned appliances or household goods or business fixtures, grass from renovating, sod, dirt, or similar material, or any other substance or material that is, or may become offensive. S. 3220. 2 Basic Level of Service. That level of collection and disposal service necessary to collect the refuse generated by an average family in one single family residence as specifically provided in any given contract between the city and any person for collection of such refuse, or by resolution of the City Council. S. 3220. 3 Collection. The collecting, gathering together, and trans- porting of refuse, for disposal in accordance with the rules and regulations pertaining to the operation of Orange County dump sites and transfer stations. S. 3220. 4 Refuse Container. Any container, can, receptacle, vessel, tank or ox esigned for or used for holding or containing refuse. S. 3220. 5 Single Family Residence. Shall mean and include every Ot in the City upon w is is situated one dwelling unit designed for or used as living quarters by human beings. It shall not include lots with hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches, business and industrial establishments, or any lot containing more than one dwelling unit or upon which any commercial or industrial occupation is being conducted unless such occupation is being conducted in a single family residence. S. 3220. 6 Person. Any individual, person, firm, corporation, partnership, co-partnership, joint venture, or other organization. 2. ARTICLE 323 COLLECTION VEHICLE AND REFUSE CONTAINERS S. 3230 Refuse Containers Required. It shall be the duty of every owner, lessee, manager, and/or person in possession, charge or control of a building on any premises in the City to profide or cause to be provided, and at all times to keep or cause to be kept, sufficient and convenient portable refuse containers upon said premises. S. 3231 Dumping of Refuse. No person shall deposit or cause or permit to be deposited, any refuse upon *r in any public street, alley or other public place, or upon any premises in this City, except in refuse containers as provided in this chapter. S. 3232 Type and Size of Containers. Each refuse container shall be of sound construction and shall be water tight. Containers may only be used for containing animal or vegetable waste resulting from the preparation of food if they have a tight fitting cover. Containers for single family residences shall not weigh more than sixty pounds when filled with refuse. S. 3233 Covering Containers. The cover shall not be removed from those containers requiring covers except when necessary to place refuse therein or to remove refuse therefrom; at all other times said cover shall be in place on said container. S. 3234 Location of Container. Each refuse container shall be kept or placed in such a manner as not to be visible from the public street and so as to be easily accessible to the refuse collector, provided that during or for the time fixed for the collection of refuse from said containers, such containers shall be kept or placed as follows: S. 3234. 1 Near Alley. Where there is an alley other than a blind .� a ey in the rear of such premises, such refuse container shall be placed on the premises, within five feet (5') of the rear property line. S. 3234. 2 Access from Side Entrance. Where there is no alley of er Man a blind attey in the rear of such premises and there is a side entrance to the rear of such premises, each such refuse container shall be placed on the premises at an accessible point adjacent to said side entrance. S. 3234. 3 On Curb. Where there is no alley other than a blind alley in the rear of the premises nor such side entrance, each such refuse container shall be placed on the curb in front of the premises. 3. S. 3235 Refuse Container in Public Way. No person shall place a refuse container in any,street, alley, sidewalk, court, or other public way in the City at any time other than the regular time for collection of refuse; every person who so places a refuse container for the purpose of refuse collection shall remove same no later than 7 P.M. or two hours after the container is emptied, whichever is later. S. 3236 Interference with Refuse Container. It is unlawful for any person, other than the owner of a refuse container or any officer, agent or employee of said owner, of the City, or of the person holding a contract for collection of refuse from such container, to inter- fere in any manner with any such container or to remove such container from the location where same shall have been placed by the owner thereof, or by said owner's agent. S. 3237 Improper Substances in Container. No person shall place or cause or permit to be p ace in any refuse container, any substance or material other than refuse as defined in this chapter. S. 3238 Moving or Conveying Refuse in City. No person shall remove or convey or cause or permit to be removed or conveyed, any refuse on or along any public street, alley, or other public place in the City except a person legally operating a refuse collection service in the City as provided in this chapter. S. 3239 Vehicle for Collection. All vehicles used in collecting and transporting re uses all be provided with metal bodies and shall be so constructed as to be water tight and to prevent the loss of any contents being collected or transported therein upon the streets, alleys, and other public ways in the City. Such vehicle shall be thoroughly cleansed daily so as to reduce or eliminate odors and decayed or rotten materials. ARTICLE 324 REFUSE COLLECTION S. 3240 City Contract for Collection. The City may enter into a contract with some response le person to provide a basic level of service for the collection of refuse in the City at the times and in the manner prescribed in said contract, which contract shall run for a period of not more than five (5) years. The contract shall be accompanied by a bond in the total amount of the contract for the prec__eding year (which bond shall be reviewed and updated prior to July 1 of every year) to guarantee faithful performance of said contract and compliance with all the regulations of this City, the county, and state, relating to the collection, care and disposal of refuse. The City may, in awarding such contract for collection of refuse, advertise for bids. S. 3241 Collection by City. The City or its authorized agent shall operate and maintain a service for the collection of refuse from single family residences on a regular, scheduled basis approved by the City Council, provided collection shall be made at least once a week. 4. Refuse generated and accumulated at single family residences shall be collected exc lusively by the City, its duly authorized agents or employees, or by a contractor with whom the City may have entered into a contract for such service, provided that the owner or occupant of such residences may contract with the City, or its contractor, or an y other person legally operating a refuse service in the City for the collection and removal of all materials and substances not included in this chapter as refuse and all refuse in excess of that amount of refuse collected in the basic level of service. S. 3242 Collection - Non Single Family. Multi-family residential, commercial and industrial units may have their refuse collected in the same manner and for the same rate as a single family residence provided the refuse generated by such unit does not exceed the basic level of service as defined in this chapter. The owner or person in control of any such unit generating refuse in excess of the basic level of service shall contract with the City or with any person legally operating a refuse collection service in the City for the collection of refuse in excess of the basic level of service. S. 3242. 1 Upon notification of the Director of Finance upon forms supplied by said Director, the owner, or person in control of any multi-family residential, commercial or industrial unit which is contracting for refuse service shall not be liable for the charge for the basic level of service provided for in this chapter. ARTICLE 325 FEES S. 3250 Liability of occupants for fees; billing landlord. S: 3250. 1 The City Council finds that the periodic collection of refuse from all places and premises in the City benefits all occupants of places and premises in the City and, therefore, all occupants receiving the benefit of the basic level of refuse service are made liable for refuse collection fees prescribed by this article. S. 3250. 2 The case of premises in which the occupant does not receive the billing for refuse collection but the landlord does, such landlord shall collect such fees levied against the occupant of the dwelling unit or place"or places of business located on such premises, and shall transmit the amount to be collected to the City. S. 3250. 3 In the event the landlord fails to collect such fees from any such occupant and remit the same to the City, the landlord shall be liable to the city for payment of such fees. S. 3251 Refuse Collection Charges. The charge for the basic level of service is hereby esta fished as $1. 50 per month. 5. S. 3252 Fee. Debt. S. 3252. 1 A fee or charge imposed by this Chapter shall be a civil debt owing the city from the occupant of the property to which the basic level of service is made available whether such service is used or not. S. 3252. 2 Discontinuation of refuse service by forms and procedures prescribed by the Director of Finance due to vacancy or pursuant to Section 3242. 1 shall not excuse payment of all sums that have accrued under this article prior to such discontinuation. S. 3253 Payment and Billing. The charges provided for in this chapter shall combined with the charges presently included in the water billing and hereafter shall be called the Utility Billing of the City of Huntington Beach Whether the water charges alone, or the water and refuse charges together, or the refuse charge alone constitute the total of said utility bill. Said Utility Bill shall be for the same period as the present water bill and shall be payable in the same manner. Failure to pay the full utility bill shall result in discontinuation of all services included in such bill. S. 3254 Accounting System. S. 3254.1 The Finance Department as collection agency for the City shall institute and maintain a system of accounting adequate and sufficient to provide complete records of refuse operations for which charges are imposed by this chapter. ARTICLE 326 CERTIFICATE OF PUBLIC NEED AND NECESSITY S. 3260 Certificate of Public Need and Necessity Required. It shall be and it is hereby declared to be unlawful tor any person to operate or conduct any refuse disposal service in the City unless such person has previously obtained a Certificate of Public Need and Necessity to do so, as provided in this article. S. 3261 Application for Certificate. Any person desiring to obtain a Certificate of Public eE-d and Necessity, required by this article, shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be accompanied by a performance bond in the amount of Ten Thousand ($10, 000) Dollars, as well as a fee of Twenty-Five ($25) Dollars for _' processing the application. Said bond shall be in the form required by the Huntington Beach Ordinance Code for other performance bonds. Said application shall be in writing and shall set forth the following information: (a) Name, age, business and residence address and telephone numbers of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, address and telephone number of its place of business and the names and addresses of its principal officers; i or if a partnership, association or unincorporated company, the names and business and residence addresses and telephone numbers of the partners of the persons comprising such association or company. 6. (b) An accurate map of the district, territory or area proposed to be serviced by the applicant. (c) A description of the methods of operation. (d) A statement in detail as to the public need and necessity for additional refuse service in the City of Huntington Beach. (e) A statement as to what offenses including moving traffic violations, if any, any person (s) mentioned in sub-section (a) hereof, have been convicted. (This includes a plea of guilty.) (f) A description of the type of refuse service to be furnished. A description of the vehicles, including color, make, size, license number, and special refuse collection equipment, to be used. (h) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in sub-section (a) hereof. (i) One recent identification photograph of each of the persons in sub-section (a) hereof. (j) Such other information as may be required by the City Council or the Chief of Police. S. 3262 Processing the Application for Certificate. Upon receipt ot an app ication for a Certificate of Public Need and Necessity the city clerk shall immediately forward a copy of the application to the Chief of Police who shall investigate the character, fitness and qualifications of every person whose name appears on such application. Upon completion of said investigation, the Chief of Police shall transmit such application to the city administrator, together with his recommendations that the Certificate be granted, denied or modified, together with his reasons therefor. After study, tlae City Administrator whall thereupon transmit such application to the City Council, together with his recommendations upon such application. S. 3263 City Council Action. Upon receipt of an application for a Certificate--o-f-PUBTic Need and Necessity, and the recommenda- tions of the Chief of Police and the City Administrator, the City Council, after consideration, may deny the application, grant the same, or modify the same, as the Council deems necessary for the protection of the public health, safety, welfare, peace, and morals of the citizens of this city. S.3264 Notice to Applicant - Appeal. The City Clerk, in writing, shatt notify the app icant o t e Councils decision. Within ten days after the mailing of such notification, the applicant may demand, in writing, a public hearing. If he does not do so, he shall be deemed to have consented or agreed to such denial, granting or modification of the application. 7. S. 3265 Public Hearing Before City Council. If a demand for a public hearing is filed wit t e city clerk as provided in this chapter, the city council shall hold at least one public hearing within thirty days after such demand is filed. The city clerk shall serve or mail by registered or certified mail, notice of the time and place of said hearing, not less than ten days prior to the date set for public hearing, upon the City Administrator, Chief of Police, the applicant, and any person designatgd on the application to receive notice of the city council's action or the public hearing. The mailing of such notice, with postage prepaid, addressed to the applicant or to such other persons hereinabove designated, at the respective addresses specified in the application or demand for hearing shall constitute sufficient notice of such hearing. 11othing herein shall be :construed as limiting the power of the city council to grant a Certificate of Public Need and Necessity to more than one refuse collection service to operate in the same area of the city. S. 3266 Business License Required. Every person, owning, operating or conducting a refu—s-e-7—co-ITection disposal service in this city shall, in addition to and after obtaining the foregoing Certificate of Public Need and Necessity, obtain a business license therefor and shall pay to the City the business license fee provided for by the Huntington Beach Ordinance Code. No such business license issued by the city to any person prior to the time such person is granted a Certificate of Public Need and Necessity by the City Council shall be valid. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California. PASSED AND ADOPTED by this City Council of the City of Huntington Beach, California, on the 4th day of December 1967. Mayor ATTEST: au o City CleiK APPROVED AS TO FORM: Ord. Noo1365 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) A4 I , PAUL C. JONES , the duly elected, qualified , and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting thereof held on the 27thday of November , 19 67 , and was again read to said City Council at a regular meeting thereof held on the 4.th day of December , 19 67 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. r AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk an ex-officio Clerk of the City Council of the City of Huntington Beach, California rPAUJONES, CITY CLERK of the City of Beach and ex•officio Clerk of the City hereby certify that this ordinance has ed-!n thee Huntington Beach News on e with the City Charter of said City. .� �����x,�.city Clerk D%wty City Clerk