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Home My Public Portal AboutOrdinance 921ORDINANCE NO. 921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.12 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "MANDATORY SOLID WASTE COLLECTION AND DISPOSAL" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.12, entitled "Garbage", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of November, 2007, by the following roll call vote: AYES: Mayor Pro Tem DeForge, Council Members Dressel, Berg, and Killough. NOES: None ABSTAIN: None ABSENT: Mayor Fox MOVED, PASSED AND ADOPTED this 20th day of November, 2007, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Membes DeForge, Berg, Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Killough. CITY OF BEAUMON By JEFF F u1-40 1 :CPA X, M f yor CERTIFICATION The forgoing is certified to be a true copy of Ordinance No. 921 duly introduced at a regular meeting of the City Council of the City of Beaumont held on November 6, 2007, and was duly adopted upon a second reading on November 20, 2007, by e roll call votes indicated therein. Deputy City Cl CHAPTER 8.12 MANDATORY SOLID WASTE COLLECTION AND DISPOSAL Sections: Section 8.12.010 Findings Section 8.12.020 Payment for Mandatory Collection Service—Owner Responsibility Section 8.12.030 Failure to Initiate Service or to Provide Sufficient Refuse Containers Section 8.12.040 Exemption from Mandatory Service Section 8.12.050 Hauler Entitled to Payment for Services Rendered Section 8.12.060 Collection or Interference by Unauthorized Persons Prohibited Section 8.12.070 Unlawful Acts Section 8.12.080 Fees Established by Resolution Constitute Lien Section 8.12.090 Violations --Penalties Section 8.12.010 Findings The City Council makes the following findings: A. A considerable volume and variety of solid wastes are being generated in the City. B. Such wastes are creating conditions which threaten the public health, safety and well-being by potentially contributing to air, water, land pollution, and the general deterioration of the environment. C. The foregoing conditions arise from the interaction of a number of factors, including rapid population increase, decentralized urban growth, industrial expansion, transportation improvements, reduction in the number of landfills, and technological developments in the manufacturing, packaging, and marketing of consumer products. D. It is becoming increasingly necessary for the protection of the health, safety and welfare of the City's residents that solid waste be promptly and safely collected and disposed of in an orderly and efficient manner. E. It is also necessary to carefully control the collection and disposal of solid waste so that the reductions required to be made by Public Resources Code Section 40000 et seq. (AB 939) can be planned for and accurately measured. In light of the findings above made, it is the intent and desire of the City Council to establish a program of mandatory solid waste collection in the City. 1 Section 8.12.020 Payment for Mandatory Collection Service—Owner Responsibility A. The owner of any dwelling or commercial unit shall subscribe to and pay for mandatory refuse collection service rendered to such dwelling or commercial unit by a City - licensed hauler and may be required to provide at a location accessible to such hauler, a container or containers of adequate capacity and functional design as determined by the hauler for the deposit of solid waste generated on the premises. B. Nothing in this section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement shall not legally excuse the owner's obligation to the hauler or to the City under this Chapter. Section 8.12.030 Failure to Initiate Service or to Provide Sufficient Refuse Containers A. When an owner or tenant fails to initiate adequate refuse collection service within fifteen (15) calendar days of occupancy of a dwelling or commercial unit, the City Manager or his/her designee shall give the owner written notification that such service is required. If service is not initiated within fifteen (15) calendar days from the date of mailing of the notice, then the City Manager or his/her designee may require the City -licensed hauler to initiate and continue solid waste collection service for the dwelling or commercial unit. B. When, in the judgment of the City Manager or his/her designee, additional refuse containers are required, they may be provided by the hauler or, upon written notification by the City Manager or his/her designee, the owner may be required to provide such containers. The cost of any additional containers furnished by the hauler shall be added to the collection fees and collected in the same manner as the collection fees. Section 8.12.040 Exemption from Mandatory Service A. Dwellings. 1. The owner of any dwelling may apply for exemption from mandatory collection service by submitting a written application on a form issued by the City Manager or his/her designee accompanied by a nonrefundable application fee, to the City Manager or his/her designee, requesting a permit to provide self -haul solid waste collection and disposal to a lawful landfill. This permit, if approved, shall be valid for one year, and must be renewed annually thereafter at the discretion of the City Manager or his/her designee upon submittal of a new application and deposit of application fees. 2. The form and content of the application shall be approved by the City Manager or his/her designee. 3. The owner may be granted an exemption provided he or she can adequately document that he or she can properly transport all solid waste generated on the premises, in a safe and sanitary manner, to an approved solid waste disposal facility. 2 The owner shall furnish evidence, such as landfill receipts, of such delivery of waste at the time of the annual application for renewal of the exemption. 4. The application fee shall include an administrative fee of fifty dollars ($50.00) in addition to a deposit equal to the cost of solid waste disposal services that would have been paid to the refuse hauler during the one-year period of exemption. At the conclusion of the year, upon submission of evidence that the exempted solid waste was lawfully disposed of during the year of exemption, the owner shall be entitled to a refund of the deposit.] 5. Should the owner violate the provisions of this Chapter the City Manager or his/her designee may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for refuse collection services provided by the City. B. Commercial Units. 1. The owner of any commercial unit may apply for exemption from mandatory collection service by submitting a written application on a form issued by the City Manager or his/her designee accompanied by a nonrefundable application fee to the City Manager or his/her designee requesting a permit to provide self -haul solid waste collection and transportation. This permit, if approved, shall be valid for one year, and must be renewed annually thereafter at the discretion of the City Manager or his/her designee upon submittal of application and deposit of application fees. 2. The form and content of the application shall be approved by the City Manager or his/her designee. 3. The owner may be granted an exemption provided he or she can adequately document that he or she can properly transport all solid waste generated on the premises, in a safe and sanitary manner, to an approved solid waste facility. a. The vehicles and equipment to be used for transporting the waste shall be listed by the owner and made available for inspection by the City. b. The vehicles used shall be suitable for transporting solid waste. c. An account in good standing is maintained at one or more Riverside County disposal sites. 4. The City Manager or his/her designee may require the grantee to furnish evidence, such as landfill receipts, of such delivery of waste. 5. The application fee shall include an administrative fee of one hundred twenty-five dollars ($125.00). 3 6. Should the grantee violate the provisions of this Chapter the City Manager or his/her designee may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for City -provided refuse collection services. Section 8.12.050 Hauler Entitled to Payment for Services Rendered A. The City -licensed hauler shall be entitled to payment from the owner for services rendered and in the amounts as specified in a resolution or resolutions adopted by the City Council. B. A failure to make timely payment for any service rendered by the hauler shall constitute a violation of this Chapter and be subject to the penalty provisions included in this Chapter. Section 8.12.060 Collection or Interference by Unauthorized Persons Prohibited It is unlawful for any person other than the owner or occupant of the premises, or persons authorized by law to collect refuse within the City, to interfere in any manner with any receptacle containing recyclable waste, rubbish and/or garbage or the contents thereof, or to remove any such receptacle from the location where the same was placed by the owner thereof, or to remove the contents of any such receptacle. Section 8.12.070 Unlawful Acts It is unlawful for any person: A. To place, deposit or maintain any container for refuse of any kind or nature for the purpose of collection of such refuse unless the containers conform to specifications as may be prescribed by resolution. B. To deposit or bury or cause or permit to be deposited or buried any garbage, rubbish or refuse of any description upon or in private property or any public street, alley or other public place. C. To keep or permit to accumulate any garbage and/or rubbish for a longer time than may be reasonably necessary for the proper disposition of such garbage and/or rubbish, if such person has failed to notify the collector of such accumulation. Section 8.12.080 Fees Established by Resolution Constitute Lien The fees provided for in this Chapter and by resolution shall constitute a lien assessed against the property in accordance with Division 4, Article 4, Chapter 6, Part 3 of the Health and Safety Code. 4 Section 8.12.090 Violations --Penalties It shall constitute an infraction for an owner to fail to sign up for or to timely pay for refuse collection service or to otherwise violate any provision of this Chapter and upon conviction of such violation shall be subject to a fine of one hundred dollars ($100.00) for the first offense; two hundred dollars ($200.00) for a second violation within a one-year period and five hundred dollars ($500.00) for a third or subsequent violation within a one-year period. The additional remedies, penalties and procedures for violations and for recovery of costs related to enforcement provided for in Chapter 1.16 of the Beaumont Municipal Code are incorporated into this Chapter by this reference. The owner shall also be subject to court action to pay for trash collection service furnished to the property, residence or business located thereon. 5 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaumont.ca.us www. ci. beaumon t.ca.us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, November 6, 2007 at approximately 6:00 p.m. in the Council Chambers at the Beaumont Civic Center, 550 E. 6''' Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.12 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "MANDATORY SOLID WASTE COLLECTION AND DISPOSAL" It is the purpose and intent of this Ordinance to amend Chapter 8.12 of the Beaumont Municipal Code, charging a payment for mandatory collection of refuse and to entitle the hauler for services rendered. It is the further intent of this Ordinance to provide an exemption from mandatory collection and to assess a penalty for violation of this Ordinance. Date: October 30, 2007 00.,„1.ifAA.&...LPIIIMII. izabet rai . Urtiaga 41Resourc- anager Publish one time only in the Record Gazette on November 3, 2007