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HomeMy WebLinkAboutOrdinance #1788 ORDINANCE NO.1788 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 311, 321, 322 , 323 , 324 , AND 326 , AND ADDING THERETO NEW ARTICLE 311 PER- TAINING TO TRANSPORTATION, STORAGE, COLLECTION AND DISPOSAL OF REFUSE The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Articles 311, 321, 322 , 323 , 324, and 326 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 311 entitled, "Refuse" to read as follows : ARTICLE 311 REFUSE 3110 . DEFINITIONS . The following definitions shall apply in the interpretation and enforcement of these regulations : (a) Refuse includes both garbage and rubbish. (b ) Garbage means all putrescible solid wastes , including but not limited to vegetable matter, animal offal, and carcasses of small animals , discarded food containers, leaves , cuttings , trimming from trees , shrubs , and grass , excluding human excre- ment and animal manure . • (c) Rubbish means all non-putrescible solid wastes , in- cluding but not limited to special handling items such as trees , tree limbs , logs , automobile bodies, motor vehicle parts , build- ing materials , appliances , household goods , sod and dirt , metal, wood, and rock. (d) Solid wastes means all putrescible and non-putrescible solid or semi-solid wastes including semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing. 1 . (e) Director means the Huntington Beach Director of Public Works or his authorized representative . (f) Person means any individual, firm, governmental unit , organization, partnership, corporation, company, or other entity . (g) Refuse collector means any person who picks up, removes , transports or disposes of refuse , other than one who does so from his own premises . (h) Basic level of service means that level of collection and disposal service necessary to collect refuse generated by an average family in one single-family residence, as specifically y provided in any given contract between the city and any person for collection of such refuse, or as provided by resolution of the City Council . Refuse items or substances excluded from collection by regulation of the Director or by contract , as hereinafter pro- vided, refuse capable thereof which has not been placed in con- tainers or bundles within the weight and size limits hereinafter set forth for containers or bundles , any unit of refuse which exceeds four feet in length or which exceeds forty pounds in weight, and any amount of refuse in excess of that provided by such contract or such resolution as that generated by an average family in one single-family residence , are hereby excluded from the "basic level of service . " (i) Collection means pickup, removal , transportation, or disposition of refuse , except by a person with refuse from prem- ises owned, occupied, or used by such person, as hereinafter provided. (j ) Single-family residence means and includes every lot in the city upon which is situated one dwelling unit designed for or used as living quarters by human beings . It shall not in- clude any lot upon which there is located any hotel, motel, lodge hall, club , tourist camp , trailer camp, church, business or in- dustrial establishment, or any lot containing more than one dwell- ing unit or any lot upon which any commercial or industrial activ- ity is conducted unless such activity is conducted in a single- family residence . (k) Nonsingle-family residence means and includes all lo- cations specifically excluded from subsection (j ) . (1) City refuse collector means any collector either employed by or under contract with the City of Huntington Beach to provide removal, transportation, and disposition of refuse from residents and users of premises within the said city . 3111. LEAVING REFUSE IN PUBLIC PLACES . No person shall de- posit , sweep , throw, discard or leave any refuse or cause such 2 . refuse to be deposited, swept , placed, thrown, discarded or left upon any public street , highway, alley, sidewalk street parking or other public place in this city . 3111. 1 . OCCUPANT TO KEEP PREMISES CLEAN. Every person occupying, using, or controlling any premises shall keep said premises 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 , or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to re- main thereon except as otherwise provided by law. 3111. 2 . ACCUMULATION OF REFUSE. No person occupying, using, or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or by law . 3111 . 3 . REFUSE STORAGE . (a) Garbage shall be stored in a container of a type ap- proved by the Director. Every such container shall be constructed of metal, or equally durable material, in such a manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. Such container shall have handles or other attachments designed for and capable of lifting, and shall have covers which shall be kept in place at all times , except when garbage or other refuse is being deposited or removed from such container. Such cover when in place shall fit so as to render fly proof any covered container. A sufficient number of containers shall be provided, to. hold at least one week's accumulation of garbage . Each garbage container shall be kept clean so that no odor or other nuisance will exist . Containers for single-family resi- dences shall have a capacity not to exceed thirty-two gallons and shall not weigh more than sixty pounds when filled. (b ) Rubbish shall be stored in such a manner that it will not provide harborage to rats , nor cause a fire hazard. (c) Equally durable nonmetallic containers may include but shall not be limited to heavy plastic or 11wet-strength" kraft paper throwaway refuse bags of a type approved by the Director . Such bags shall comply with all of the requirements of subsections (a) and (b ) except for the requirements of handles and covers . (d) Tree trimmings and other similar matter shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds . 3 3111 . 4 . LOCATION OF REFUSE CONTAINERS . (a) Each refuse container and any accumulation of refuse which is for collection, shall be kept or placed in such a manner as not to be visible from the public street except during or for the time fixed for the collection thereof. During such period, any containers or any accumulation of refuse which is for collec- tion, shall be placed as follows : (1) Near Alley . On the premises , within five feet of the rear property line, where there is a through alley in the rear of the premises . ( 2) Access from Side Entrance . On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists . (3) At Curb . At the curb in front of the premises , where no through alley nor side entrance exists . (b ) No refuse container nor any accumulation of refuse which is for collection, shall be placed for collection in any public way, or at any curb or in any location visible from a public street , prior to 6 :00 p .m. on the day preceding collection; any such refuse container shall be removed within two hours after collection, and in no case later than 10 : 00 p .m. on the day of collection. 3111 . 5 . INTERFERENCE WITH REFUSE. No person except the owner thereof, his agent or employee, a duly authorized city employee, or an employee of the refuse collection contractor, shall inter- fere in any manner with any refuse container, or any accumulation of refuse which is for collection, nor shall any person remove such container or accumulation from the location where it shall have been placed by the owner, his agent , or his employee . 3111.6 . IMPROPER SUBSTANCES IN CONTAINER. No person shall place or cause or permit to be placed in any refuse container any substance or material other than refuse as defined in this article . Large items included in the definition of rubbish, exceeding four feet in length or forty pounds in weight , shall not be placed in refuse containers . Persons wishing to dispose of such large rubbish items shall inform either the Department of Public Works or the refuse collection contractor and make special arrangements to have said items removed. The refuse collection contractor may levy a charge for removal of such items under a schedule and formula to be uniformly applied, based on weight and size of the items , which formula and schedule shall have been approved by the Director. 3111 . 7 . REFUSE COLLECTION . The owner, occupant , tenant or 4 . lessee of any premises shall remove , or cause to be removed, all garbage from said premises at least once a week. The city refuse collector shall remove from the premises all refuse which has been placed for collection, which refuse is of a type and in an amount provided by contract with the city . Any removal of refuse by the city refuse collector, any refuse collector, or any person, shall be performed in a neat , orderly and quiet fashion, without causing damage to the container or the lid . Any spilled matter shall be picked up by the person responsible for the spillage , and the premises shall be left in a clean and orderly condition. Refuse shall be the property of the collector thereof from the time of pickup to the time of disposal . 3111 . 8 . REFUSE COLLECTION. SINGLE-FAMILY RESIDENCE . The city, or some person under contract with the city to do so, shall operate and maintain a service for the collection of refuse from single-family residences in the city, on a regularly scheduled basis approved by resolution of the City Council, not less fre- quently than once each week. The Director may by regulation ex- clude from such service any item or substance deemed hazardous , obnoxious , or otherwise inappropriate for such service . All refuse included in the basic level of service , which is generated, accumulated, and lawfully placed for collection at any single-family residence in the city, shall be collected exclusive- ly by the city refuse collector. 3111 .9 . REFUSE COLLECTION . OTHER PREMISES . Any premises other than single-family residences may at the option of the owner or occupant thereof use the collection service operated by the city refuse collector, as hereinbefore provided, for refuse not excluded from the basic level of service . 3111. 10 . EXCLUDED REFUSE . The owner or occupant of each and every premises in the city which generates refuse excluded from the basic level of service, and the owner or occupant of premises other than a single-family residence who has chosen not to use the collection service operated by the city refuse col- lector for refuse generated on said premises , shall contract for the collection of all such refuse with some lawful refuse col- lector in the city; such excluded refuse may also be removed and disposed of by such owner or occupant in a manner approved by the Director and consistent with the provisions of this article . 3111 . 11 . CITY COLLECTION CONTRACT. The city may enter into a contract with some responsible person to provide a basic level of service for the collection of refuse in the city at the times 5 • and in the manner prescribed in said contract . The term of such contract shall not exceed five years . After advertising for bids thereon, such contract shall be awarded to the lowest responsible and qualified bidder. Such contract may exclude the collection of any item or substance deemed by the Director to be inappro- priate for collection. Such contract shall be entered only with a person holding a certificate of public need and necessity . 3111. 12 . REFUSE TRANSPORTATION. No refuse collector shall transport refuse in a conveyance that has not been approved by the Director . All vehicles used in collecting and transporting refuse shall be provided with metal bodies so constructed as to be leak proof and to prevent loss , spillage , or blow away of any contents collected or transported within the city . Such vehicles shall be thoroughly cleaned daily to eliminate odors and decayed materials . 3111 . 13 . REFUSE DISPOSAL. No refuse collector or other person shall dispose of refuse , except by one of the following methods : (a) By burying refuse in a sanitary landfill that is de- signed, operated and equipped in accordance with regulations set forth by the Board of Supervisors of Orange County . (b ) By burning refuse in an incinerator of a type approved by the Director. ( c) Any person may dispose of refuse from premises owned, occupied, or used by such person in a manner approved by the Director and consistent with the provisions of this article . 3111 . 14 . NECESSITY FOR CERTIFICATE . No person shall re- move , transport or dispose of refuse without a certificate of public need and necessity as granted by the City Council of the City of Huntington Beach under the provisions of this code , pro- vided that this section shall not apply to any person lawfully disposing of refuse from his own residence or business estab- lishment . 3111 . 14 . 1 APPLICATION. FILING. An application for a cer- tificate shall be filed with the City Clerk. Each application shall be accompanied by a non-refundable fee in the amount of fifty dollars . 3111 . 14 . 2 APPLICATION. CONTENTS . The application shall be in writing and verified, and shall contain the following information: (a) The name , age , business and residence addresses and telephone numbers of the applicant , if a natural person; or 6 . if a corporation, its name, date and place of incorporation, address and telephone number of its principal place of busi- ness , and the names of its principal officers , together with their respective residence addresses and residence and busi- ness telephone numbers ; or if a partnership , association or unincorporated company, the names of the partners or of the persons comprising such association or company, and the busi- ness and residence of each partner. (b ) The schedule of rates proposed to be charged for such service . (c) The volume or extent of the service proposed to be provided. (d) The application shall contain such additional information as the Council may require . 3111. 14 . 3 REPORT FROM DEPARTMENTS . Upon receipt of the application for a certificate, the City Clerk shall send a copy of the application to the City Administrator, the Department of Building and Safety , Planning Department, Police Department and Department of Public Works for report to the City Administrator concerning the need and necessity for such service . 3111 . 14 . 4 GRANTING OF CERTIFICATE . A certificate shall be granted by the City Council upon a finding that the public need and necessity requires the operation or provision of the service proposed by applicant , and that the experience , back- ground, capitalization, and equipment of applicant is such that applicant is likely to comply with all laws and is likely to provide services in a manner which will reasonably satisfy the needs of the area proposed to be served. In the event that the number of applicants shall exceed the number of certificates required by public need and necessity, the City Council shall grant the required certificate or certificates to the applicant or applicants it deems best suited under the standards set forth in this section . 3111. 14 . 5 OTHER LICENSES AND PERMITS . The granting of a certificate pursuant to this chapter shall not relieve any person of his duty to obtain licenses and permits required by other chapters of this code, nor from complying with any ordi- nance of this city or law of this state . 3111. 14 . 6 PROCEDURE FOR GRANTING CERTIFICATE . Upon receipt of the application for a certificate , the City Clerk shall set the matter for public hearing before the City Council at the next meeting at which it is possible for the matter to be heard, provided such public hearing shall be not less than thirty ( 30 ) 7 • days after the application is filed. The Clerk shall give the applicant written notice of the time , date and place of hearing at least ten (10) days prior to the hearing unless such notice is waived by applicant in writing. The applicant , as well as any person connected therewith, shall answer all questions propounded at said hearing by or on behalf of any member of the City Council. 3111 . 14 .7 ACTION OF COUNCIL. After hearing, the City Council may grant the certificate to the full extent requested, deny the application, or grant a portion of the application, and may impose any conditions on the granting of such certificate , or on the exercise of the privileges thereby granted, as the City Council deems necessary for the protection of the public health and safety and for the general welfare of the residents of the City of Huntington Beach. The decision of the City Council granting in whole or in part any certificate shall be by resolution, and any such decision and a decision to deny the application shall be final . 3111 .14 . 8 REVOCATION OF CERTIFICATE . Any certificate may be suspended or revoked by the City Council or additional condi- tions may be imposed upon any certificate holder, after notice to certificate holder and hearing, for the following reasons : (a) Failure to provide the service efficiently for which the certificate was issued. (b ) Failure to comply with applicable laws , ordinances , or regulations or with the reasonable instructions or directions of the Director. (c) Failure to secure and maintain in effect the insurance required by this chapter. (d) Failure to acquire any permit required by this code or to pay any license fee required by this code . (e) Failure to keep structures , equipment or vehicles in a safe , sanitary, lawful, and operable condition at all times . (f) Failure to comply with any condition imposed as pro- vided hereunder. 3111. 14 .9 LIABILITY INSURANCE . The applicant shall file with the City Clerk, prior to the issuance of any certificate, and thereafter keep in full force and effect , a certificate of insurance , issued by an insurance carrier authorized to do busi- ness in the State of California, insuring the public against any loss or damage that may result to any person or persons or pro- 8 . Such certificate shall provide that any policy required hereunder cannot be cancelled without thirty (30 ) days written notice to the Director. 3111. 14 .10 . PERFORMANCE BOND . The Director of Public Works shall require a bond from the applicant conditioned upon the faithful performance of the conditions contained in the certificate of public need and necessity, in such reasonable amount as the Director shall deem proper. 3111 .15 . PENALTY. ENFORCEMENT. Any person who vio- lates any provision of this article shall be guilty of a mis- demeanor, and shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months , or by both. Each day of the existence of any continuing vio- lation shall constitute a separate offense . The provisions of this article shall be enforced by- the Department of Public Works of the City of Huntington Beach . 3111. 16 . SEVERABILITY . It is the intention of the City Council that this article , and every provision thereof, or amendment thereof, shall be considered severable , and the invalidity of any provisions or portion of this article , or amendment thereof, shall not affect the validity of any other provision or portion or amendment thereof. SECTION 3 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 4 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Hunting- ton Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of November, 1972 . Mayor 9 . Ord. N,o. 1788 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) 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 meeting thereof held on the 6th day of November 19 72 , and was again read to said City Council at a regular meeting thereof held on the loth day Of November , 19 72 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green. Ma.tney. Duke, Coen NOES: Councilmen: _None ABSENT: Councilmen: None L PAUL C. JONES, CITY CLERK of the City of City Clerk and -officiO Clerk Huntington Beach and ex-officio Clerk of the City Of the City COUriCll Of the City # at this ordinance has Of Huntington Beach, California Council, do hereby certify th been publis din the Huntington Beach News on ez2l� 19Z in accordance with the City Charter of said City, ....PAULL--.cr•-JOH --•---•.•-- Clerk ---------- Deputy it Cierk