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HomeMy WebLinkAboutOrdinance #3652 ORDINANCE NO. 3652 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO REFUSE STORAGE AND CONTAINERS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.21.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.2 L080 Storne. (a) Refuse shall be stored in a Container of a type approved by the Director. Every such Container shall be constructed of metal,plastic, or equally durable material, in such manner as to be strong,watertight, not easily corrodible, fly proof, and rodent proof. Residential containers must not exceed thirty-two (32) gallons in capacity and may not weigh more than sixty(60) pounds when filled. Cans should not be modified by the owner and lids are to remain removable—no tethered or attached lids. Such Container shall have handles or other attachments designed for and capable of lifting, and shall be kept covered at all times, except when Refuse is being deposited or removed from such container. Commercial Containers shall be kept in a Level Full condition. The cover shall completely and tightly close the Container so as to render it fly and rodent proof and so that no Refuse may be visible. A sufficient number of Containers shall be provided for the Basic Level of Service, in order to insure that all Refuse is contained within completely covered Containers until such time as the Refuse is collected. (b) Refuse shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard. (c) Sturdy, grease-resistant, water proof, nonreturnable,plastic bags which are specifically designed for garbage and Refuse may be used for Residential Collection Service provided that each bag shall not weigh more than forty(40)pounds when filled and the opening is secured so that contents cannot be removed, spilled or seen, and the weight does not cause the bag to tear when handled. Such bags shall comply with all of the requirements of subsections (a)and(b)except for the requirements of handles and covers. Residential Collection Service may include tree trimmings and other similar matter which shall be tied in bundles measuring not more than four feet long and weighing not more than forty pounds. SECTION 2. Section 8.21.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.21.090 Containers and transportation of Refuse. No Person other than the City Refuse Collector shall transport Refuse or Recyclable waste Material in the City of Huntington Beach in exchange for something of value. All vehicles and Container used in collecting and transporting Refuse or Recyclable Material shall be provided with metal bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles and Containers shall be thoroughly cleaned to eliminate odors and decayed materials. 04ord/chap 8-21/3/23/04 1 Ordinance No. 3652 SECTION 3. Section 8.21.130 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.21.130 Container—removal. (a) The Director may cause to be posted a notice on any Container illegally placed on public or private property. The notice shall specify the nature of the violation and shall state that the Container must be removed within twenty-four(24)hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the Container. (b) If the Container is not removed within twenty-four(24)hours after the notice to remove is posted,the Director may order the removal and storage of the Container and the disposal of its contents. The owner of the Container shall be responsible to the City for the actual cost of removal, storage, and disposal. All amounts due to the City for the cost of removal, storage and disposal shall be paid before the Container is returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts. (c) If the identity of the owner of a Container that has been removed by the City is known to the Director,the Director shall promptly cause notice to be mailed to the owner to claim the stored property. If the Container is not claimed within ninety(90)days after removal and notice to the owner, or ninety(90) days after removal if the identity of the owner is unknown to the Director, the Container and its contents shall be deemed abandoned property and may be disposed of accordingly. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of May , 2004. Z41 Mayor ATTEST: /!�Le APPROVED AS TO FORM: ity Clerk Ci Attorney �{ REVIEWED AND APPROVED: 3�0" .71TIAT AND APPR ED: 7L City Administrator Director of Public Works 04ord/chap 8-21/3/8/04 2 Ord. No. 3652 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 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 19th day of April, 2004, and was again read to said City Council at a regular meeting thereof held on the 3rd day of May,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on May 13,2004. In accordance with the City Charter of said City o ie Brockway, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California