HomeMy WebLinkAboutOrdinance #3047 ORDINANCE NO. 3047
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING A NEW CHAPTER 5 .40 RELATING TO
COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS
WHEREAS, the City Council of the City of Huntington Beach wishes
to amend the Huntington Beach Municipal Code by adding Chapter 5 .40
relating to collection from trash drop off boxes and trash bins,
NOW, THEREFORE, the City Council of the City of Huntington Beach
does hereby ordain as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by adding Chapter 5 .40 to read as follows :
Chapter 5 .40
COLLECTION FROM TRASH DROP OFF BOXES
AND TRASH BINS
Sections:
5 .40 . 010 Intent and Purpose.
5 .40 . 020 Definition.
5 .40. 030 Permit Required.
5 .40 . 040 Transfer of Permit .
5 .40 . 050 Permit Application and Procedure.
5 .40 . 060 Issuance or Denial .
5 .40 . 070 Appeal of the Action by the Director of Public Works .
5 .40 . 080 Appeals to the City Council .
5 .40 . 090 Permit Term.
5 .40 . 100 Revocation of Permit.
5 .40 . 110 Display of Permit.
5 .40 . 120 Required Deposits .
5 .40 . 130 Insurance.
5 .40 . 140 Permittee Liability.
5 .40 . 150 Acceptance of Permit by the Applicant .
5 .40. 160 Changes in Permit .
5 .40 . 170 Violation -- Penalty.
5 .40 . 010 Intent and Purpose. It is the intent and purpose of
this Chapter to establish general operating procedures and standards
for trash drop off boxes and trash bins operating within the
incorporated area of this city, to provide a fair and impartial
means of allowing responsible private operators to provide such
service in the public interest .
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5 .40 . 020 Definitions . For the purpose of this chapter, the
following terms are defined:
(a) Director of Public Works means the Director of Public Works
of the City of Huntington Beach.
(b) Permittee means a refuse collector who has been granted a
permit by the City of Huntington Beach.
(c) Trash Bin means a container used for the purpose of
depositing trash for later collection, or items to be recycled.
(d) Dump off box, drop off box, or D.O.B. , means a container
used for the purpose of depositing trash for later collection or
items to be recycled.
5 .40 . 030 Permit Required. It shall be unlawful, except the City
or its authorized representative, for any person to collect trash
from trash bins or trash drop off boxes, or to act in such a
capacity either directly or indirectly without possession of a
permit.
5 .40 . Q40 Transfer of Permit. No license issued pursuant to
this chapter can be transferred by operation of law or otherwise.
The following shall be considered transfers for purposes of this
section:
(a) Any change in the business structure of a licensee,
including, but not limited to, changes from or to:
(1) A sole proprietorship;
(2) A partnership, including any change in the partners;
and
(3) A corporation, including any change in the
shareholders , whether by operation of law or otherwise.
(b) Bankruptcy, an assignment for the benefit of creditors, or
the appointment of a receiver.
(c) A sale or transfer of over 10 percent of the asset9 of a
licensee.
5-40 . 050 Permit Application and Procedure.
(a) General . Application for trash bin or D.O.B. permits may
be obtained at the office of the Director of Public Works . Permit
application forms and processing procedures shall be established by
the Director of Public Works .
(b) Plans . The Director of Public Works may require such
details as deemed necessary to determine the exact location, nature,
dimensions, duration and purpose of the desired permit .
5 . 40 . 060 Issuance„_gr Denial .
(a) Approval . Upon finding the requested permit conforms to
the provision of this Chapter, other applicable provisions of the
Huntington Beach Municipal Code, and State and Federal law, the
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Director of Public Works, or his authorized agent, shall issue the
permit.
(b) Denial . If the Director of Public Works finds that the
requested permit is in conflict with any provision of this Chapter
or any other applicable provision of law or the Huntington Beach
Municipal Code, the Director of Public Works, or his authorized
agent, shall deny the permit.
(c) Time Limit. The Director of Public Works shall approve or
deny the permit within thirty (30) days of receipt of the written
application for the permit .
5 .40 . 070 A eat of the Action he Director of P li W rk .
If any applicant is dissatisfied with decisions of the Director of
Public Works, they may appeal such decision to the City Manager .
The appeal shall be in writing to the City Manager and shall set
forth the basis of the appeal . The City Manager, or his designee,
shall hold the hearing on the appeal within thirty (30) days of
receipt of the written appeal . The City Manager, or his designee
shall render a written decision within thirty (30) days after the
close of the hearing on the appeal .
5 .40 . 080 Appeals to the City Council .
(a) Any person dissatisfied with any decision of the City
Manager may file, within fifteen (15) days after such decision is
announced at the conclusion of a hearing, otherwise within fifteen
(15) days after mailing the applicant or permittee a written notice
of the decision by registered or certified mail , a written Notice of
Appeal to the City Council .
(b) Within fifteen ( 15) days of receipt of a Notice of Appeal
to the City Council, the City Manger, or his designee shall give not
less than ten (10) days ' written notice of the date, time, and place
of such hearing on appeal to the appellant, or permittee. The City
Council, at a hearing on appeal, shall consider only the transcript
of proceedings before the City Manager, or his designee, together
with any exhibits received in evidence during such proceedings;
provided, however, that on application of any party, the City
Council may, in its discretion, permit the introduction of
additional evidence. In either case, the City Council may hear and
consider additional argument and points and authorities of law, and
may require parties before it to submit such argument and points and
authorities of law prior to rendering any decision.
5 .40 . 090 Permit Term. The term of the permit shall be as set
forth in the approved permit . A permit may be granted by the
Director of Public Works for a period not to exceed six (6) months
from the date of issuance. The Director of Public Works may
terminate a continuing permit by posting a notice on the trash bin
or D.O.B. one (1) day, twenty-four (24) hours prior to the date of
termination. The permit term may be renewed or extended at the
discretion of the Director of Public Works .
5 .40 . 100 Revocation of Permit . A permit may be revoked at any
time at the option of the Director of Public Works whenever the
permittee fails to comply with or violates this City ordinance, City
standards, safety regulations, or any condition of the issuance of
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the permit. Upon revocation of the permit, the permittee shall
immediately remove the trash bin or D.O.B. If the trash bin or
D.O.B. is not removed within twenty-four (24) hours after notice is
posted, the City or its authorized representative, may remove and
impound the trash bin or D.O.B. Any and all costs incurred by the
City for enforcement of this Section shall be at the expense of the
permittee or violator . Costs incurred by the City will be deducted
from any deposits posted by the permittee and, if necessary,
recovered by legal action.
5 .40 . 110 Display of Permit. The permittee shall post in a
conspicuous place upon the trash bin or D.O.B. any permit issued
pursuant to this chapter.
5 .40 . 120 Required Dep,Qsits .
(a) Prior to issuance of a permit, the permittee shall deposit
with the City, cash or a certified or cashier ' s check, in the sum to
be fixed by the Director of Public Work, not to exceed five hundred
dollars ($500 . 00) , as sufficient to reimburse the City for costs of
removal of the trash bin or D.O.B. and for the cost of inspection
and permit ,
(b) Inspection and permit fee. The amount of the inspection
and permit fee shall be the actual cost of such inspection and
permit by the City as determined by the Director of Public Works,
but not to exceed fifty dollars ($50 . 00) .
5 .40 . 130 Insurance. Insurance Permittee shall maintain
liability and workers ' compensation insurance in an amount and form
as required by the latest resolution of the City Council for permit
applications .
5 .40 . 140 Permittee Liability. Permittee shall agree to hold
the City, its officers, and employees harmless from any and all
liability, claims, suits or actions for any and all damages alleged
to have been suffered by any person or property by reason of the
permittee' s installation, operation, maintenance or removal of the
trash bin or drop off box.
5 .40 . 150. A=eptance of Permit by the Applicant . Acceptance by
the applicant of the permit shall be conclusive evidence of the
reasonableness of the terms imposed and shall constitute a waiver of
any right to legislative determination thereof .
5 .40 . 1 0 Chanaes in Permit . No changes may be made in the
location, dimension, character, or duration of the use as granted by
the permit, except upon written authorization of the Director of
Public Works .
5-40 , 170 Violation -- Penalty.
(a) Any person who violates any provision of this chapter shall
be guilty of a MISDEMEANOR, and shall be punished by a fine not
exceeding five hundred dollars ($500 . 00) or by imprisonment not
exceeding six months, or by both. Each day of the existence of any
continuing violation shall constitute a separate offense.
(b) The provisions of this chapter shall be enforced by the
Department of Public Works of the City. (Ord. 1788, 20 Dec 82 ; Ord.
1688 , 12/71)
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SECTION 2. This ordinance shall take effect thirty (30) days
after its passage.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 2nd day of July
1990 .
CITY OF HUNTINGTON BEACH
Mayor
ATTEST: APPROVED AS TO FORM:
i
City Clerk , ` C' t Att rney
REVIEWED AND APPROVED: NITIATED A APPROVED:
t
t
City Administrator Director f Public Works
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Ord. No. 3047
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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
adjourned meeting therof held on the 25th day of June
19 90 and was again read to said City Council at a regular
meeting therof held on the 2nd day of July , 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
4 Cormie Brockway C?� �._!4F,.� of the City of
Huntroon Beach anr, A 3OtC.'f3 C10(k of ft Gty oe
Council,do hereby cir '_�' "," a of bus
ordinance has been 41 Je Daly Plot on
City Clerk and ex-off io Clerk
L; A `. of the City Council of the City
In accordance h the 1. 1� > ' r of said City. of Huntington Beach, California
Connie S'.; �gay
_ City Clerk
City Clerk