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HomeMy WebLinkAboutOrdinance #2450 ORDINANCE NO. 2450 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 8 .20.160 THROUGH 8.20.250; AND AMENDING CERTAIN SECTIONS OF CHAPTER 8.20 PERTAINING TO THE COLLECTION OF REF US E The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Sections 8.20.160 through 8 .20.250 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by amending sections 8.20.010, 8.20 .100, 8.20.110, 8 .20.120, 8 .20.130, and 8.20.150 to read as follows: 8 .20.010 Definitions . The following definitions shall ap- ply in the interpretation and enforcement of these regulations: (a) "Basic level of service" means that level of collec- tion and disposal service necessary to collect refuse generated by an average family in one unit of service, as specifically 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 provided; refuse capable thereof which has not been placed in containers 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 unit of service, are excluded from the "basic level of service." (b) "City refuse collector" means any collector either employed by or under contract with the city to provide removal, transportation, and disposition of refuse from residents and users of premises within the city. (d) "Director" means the Huntington Beach director of public works or his authorized representative. /ahb 7/24/80 1 . (e) "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 excrement and animal manure. (f) ""Nonunit of service" means and includes all locations specifically excluded from subsection (1) . (g) "Person" means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity. (h) "Refuse" includes both garbage and rubbish. (i) "Refuse collector" means any person who picks up, removes , transports or disposes of refuse , other than one who does so from his own premises . ( J) "Rubbish" means all nonputrescible solid wastes, including but not limited to special handling items such as trees, tree limbs, logs , automobile bodies, motor vehicle parts , building materials , appliances , household goods , sod and dirt, metal, wood and rock. (k) "Solid wastes" means all putrescible and nonputrescible solid or semi-solid wastes including semi-liquids or wet wastes with insufficient moi sture and other liquid contents to b q e free flowing. (1) "Unit of service" means each single-family residence, and each dwelling unit within a duplex, a triplex or a fourplex re- ceiving noncommercial refuse collection service. It shall not include any hotel, motel, lodge, hall, club, tourist camp, trailer camp, church, business or industrial establishment, or any lot containing more than four dwelling units . 8 .20.100 Collection--Unit of service. (a) 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 units of service in the city, on a regularly scheduled basis approved by I resolution of the city council, not less frequently than once each week. The director may by regulation exclude from such service any item or substance deemed hazardous , obnoxious or otherwise inappropriate for such service. (b) All refuse included in the basic level of service, which is generated, accumulated, and lawfully placed for col- lection at any unit of service in the city shall be collected exclusively by the city refuse collector. 2. 8 .20.110 Collection--Other premises . Any premises other than units of service 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 . 8 .20.120 Collection--Excluded refuse. The owner or occu- pant 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 unit of service who has chosen not to use the collection service operated by the city refuse collector for refuse generated on the premises , shall remove and dispose of such excluded refuse in a manner approved by the director and consistent with the provisions of this chapter. 8 .20.130 Collection--City contract. Any other provision of this code to the contrary notwithstanding, the city may enter into contracts with responsible persons for the collection of refuse within the city, utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the city council. 8 .20.150 Disposal methods . 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) Any person may dispose of refuse from premises owned, occupied or used by such person in a manner approved by the di- rector and consistent with the provisions of this chapter. SECTION 3. 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 Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of August , 1980. 3. Mayor ATTEST: APPROVED AS TO FORM: • � n _ F oe City Clerk _-` City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: s C y Administrator Director of Public Works I 4. Ord. No. 2450 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 4th day of August 19 80 , and was again read to said City Council at a regular meeting thereof held on the 18th day of August , 19 80 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas MacAllister Mandic,_ Kelly NOES: Councilmen: Finley, Bailey ABSENT: Councilmen: None City Clerk and ex-officio ,Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CiJY CLERK of the City of Huntington Beach and ex-offrcio Clerk of the City Counci-, do iieeeby certtfy that a synopsis of this ordiname ;..as been pui,;. -.ed in the Huntington Beach m-'epegeent on in accor'ance fith the 6ttyCharter of said City.` City Clerk �Ad�City Clerk