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ORDINANCE NO. NS-1678
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION
16-37 OF THE SANTA ANA MUNICIPAL CODE
TO REQUIRE BIN SERVICE FOR TRASH
COLLECTION AT RESIDENTIAL BUILDINGS
WITH THREE OR MORE DWELLING UNITS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That Section 16-37 of the Santa Ana Municipal
Code is hereby amended to read as follows:
(a) It shall be mandatory that residential buildings
with three (3) or more dwelling units be served by bin
service. This requirement may be waived for residential
buildings with four (4) or more units existing on January 1,
1972 and for residential buildings with three (3) units
existing on February 23, 1983, upon a finding by the
director of public works that no space is available for such
container within the boundary lines of subject property. In
no case, however, shall container locations be permitted in
the front yard setback or within areas required for meeting
minimum off-street parking requirements of applicable zoning
regulations. Any applicant who has been denied a waiver by
the director of public works may appeal such action to the
city council by filing within thirty (30) days after such
denial, a written statement of his reasons why the city
council should reverse the action from which the appeal is
taken.
(b) Multifamily residential buildings receiving bin
service pursuant to subsection (a) shall be required to
obtain such service in the amount of not less than one-half
(1/2) of one yard per dwelling unit per week.
(c) In the event that the city council determines that
any specified area of the city containing several
residential buildings receiving bin service has evidenced a
need for more extensive collection service than is required
by the minimum set by subsection (b) for sanitation or
health reasons, the council may impose higher collection
service requirements upon the residents of such building by
resolution.
ORDINANCE NO. NS- 1678
PAGE TWO
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date
hereof, nor be construed as affecting any of the provisions
of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any
violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof, required to be posted, filed
or deposit pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 6th
ATTEST
enir eo 't eUYcou il
day of June , 1983.
R.W. ~EMBOURG~R. MAYOR-
Mayor
COUNCILMEMBERS:
Bricken Aye
Luxembourger Aye
Acosta Aye
J~hn~0n Aye
Griset Aye
Young Aye
McGuigan Aye
APPROVED AS TO FORM:
Edward 5- o~r
City Attorney