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Home My WebLink AboutNS-2323 - Amending Sections 16-29, 16-33, 16-34, 16-35, 16-37, and 16-37.5 of the Santa Ana Municipal Code...565 ORDINANCE NO. NS- 2323 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 16-29, 16-33, 16- 34,16-35, 16-37 AND 16-37.5 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE CITY'S SOLID WASTE COLLECTION REGULA- TIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the title of Article II of Chapter 16 of the Santa Aha Municipal Code is hereby amended to read as follows: ARTICLE II. SOLID WASTE COLLECTION REgULaTIONS SECTION 2: That section 16-29 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 26-29. Definitions. (a) Bin Service shall mean all solid waste collection services provided by means of front-loaded collection bins of various sizes. (b) California Intearated Waste Manaaement Act shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto. (c) Commercial/Industrial Bin Service shall mean bin service which is provided by the city's solid waste collection contractor to commercial and/or industrial units. (d) ComPost means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. (e) ComDostin~ means a method of waste treatment which produces a product meeting the definition of "compost" herein. (f) Compostin~ Facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost. (g) Construction and Demolition Solid Waste includes solid wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. 566 ORDINANCE NS-2323 (h) Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by the city's solid waste collection contractor. This shall include commercial curbside users and any multi-family, business or professional user which does not require bin service as determined by the executive director of public works. (i) Executive Director shall mean the Executive Director of Public Works of city, or his or her designate. (j) Hazardous Wastes are those wastes which, because of their physical or chemical characteristics, cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (k) Permitted Solid Waste Facility means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (1) Person shall include, without limitation, individuals, schools, colleges and all governmental agencies and entities, associations, clubs, societies, firms, partnerships, sole propri- etorships, corporations, including the officers of such associa- tions, corporations, etc. (m) Processing means the reduction, separation, recovery, conversion or recycling of solid waste. (n) Recyclable Solid Waste means and includes, those solid wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable solid wastes are not a separate category of materials, but merely an evolving portion of'the entire stream of solid waste generated within the city. (o) Recycling means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solid wastes for the purpose of reuse. (p) Residential Bin Service shall mean bin service which is provided by the city's solid waste collection contractor to any and all residential users which request or require such services. (q) Roll-Off Service shall mean solid waste collection from transportable containers of 10 cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll-off service includes compactors which may be used with roll- off containers. ORD NANC NS-2 23 58 ? (r) Solid Waste shall mean all solid wastes, including, but not by way of limitation, yard waste, recyclable solid wastes, whether now recyclable or not; generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the city; provided, however, that solid waste shall not be deemed, for purposes of this ordinance, to include any hazardous wastes as defined hereinabove. (s) Solid Waste Collection and Recyclinq Plastic Carts shall mean those carts furnished or supplied to each curbside service unit in the city by the city or its solid waste collection contractor for the placement of solid waste, recyclable solid waste and yard waste. (t) Source Reduction and Rec¥clinq Element means the city's plan for meeting the requirements of California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000. (u) Waste type means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the City's Source Reduction and Recycling Element. (v) ~ard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and prunings. SECTION 3: That section 16-33 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-33. Curbside service regulatlons. Unless otherwise provided by special agreement for extra services between a curbside service unit and the city's solid waste collection contractor, subject to reasonable fees for extra services, persons receiving curbside service collection shall comply with the following regulations as a condition to regular curbside service collection: (a) Ail solid waste shall be placed in the appropriate solid waste collection and recycling plastic carts pursuant to the following: (1) Non-recyclable solid waste shall be placed in the burgundy plastic carts; (2) Recyclable solid waste shall be placed in the grey plastic carts; and, (3) Yard waste shall be placed in the green plastic carts. 3 568ORDINANCE NS-2323 (b) (c) (d) (e) Any solid waste placed for collection which is not contained in either the solid waste collection and recycling plastic carts or in the appropriate solid waste collection and recycling plastic cart shall not be collected by the city's solid waste collection contrac- tor. Large, bulky items, such as furniture and household equipment, shall be considered bulky items which shall be disposed of as such. The aforementioned requirements to place non-recyclable solid waste, recyclable solid waste and yard waste in the appropriate solid waste collection and recycling plastic carts shall not apply to Christmas trees properly placed for collection. Solid waste collection and recycling plastic carts shall be placed in the street with wheels adjacent to the curb, or along an alley having street access at both ends; provided, the city or its solid waste collection contrac- tor may condition collection from private streets upon reasonable access and upon the agreement of owners and occupants for the use of the private streets, including a reasonable fee for special services. SECTION 4: That section 16-34 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 16-34. Infractions. Any person violating any of the following provisions of this section shall be deemed guilty of an infraction, and upon convic- tion thereof, shall be punishable by a fine of fifty dollars ($50.00)., or, upon a second conviction within one year of a prior conviction for the same offense, by a fine of not less than one hundred dollars ($100.00) nor more than one hundred fifty dollars ($150.00): (a) No person shall allow solid waste, recyclable solid waste, yard waste or empty solid waste collection and recycling plastic carts to remain along, at, or near any public street, sidewalk, parkway (excluding alleys), or in any area visible from a public street or in public view, except: (1) Between the hours of 4:00 p.m. of the day preceding the person's weekly collection day and 12:00 mid- night of such collection day; or, 4 ORDINANCE NS-2323 589 (d) (e) (f) (g) (h) (i) (J) (ii) During any period in which regular collection service is interrupted or delayed. Ail roll-off containers, bins and solid waste collection and recycling plastic carts obtained from the city's solid waste collection contractor, and all enclosures and surrounding areas, shall be maintained in a reasonably sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a reasonable fee, from the city's solid waste collection contractor in lieu of cleaning such bins themselves. No person receiving curbside service shall use any container for solid waste collection purposes other than the solid waste collection and recycling plastic carts which are provided either by the city or the city's solid waste collection contractor. No person shall use the solid waste collection and recycling plastic cart of another person for disposal of solid waste without the consent of such other person. No person shall discard any solid waste other than non- recyclable solid waste in the burgundy solid waste collection and recycling plastic carts. No person shall discard any solid waste other than recyclable solid waste in the grey solid waste collection and recycling plastic carts. No person shall discard any solid waste other than yard waste in the green solid waste collection and recycling plastic carts. No person shall remove solid waste, recyclable solid waste or yard waste from a solid waste collection and recycling plastic cart or bin or from the place where it has been put for collection by the city's solid waste collection contractor, except: (1) those persons entitled to the use of such plastic cart, bin or place for the disposal of their solid waste, and (2) the city's solid waste collection contractor. No person shall damage or alter the appearance of solid waste collection and recycling plastic carts. No person shall remove and/or relocate any solid waste collection and recycling plastic cart from the curbside 570 ORDINANCE NS-2323 service unit to which it was furnished or supplied by the city's solid waste collection contractor. SECTION 5: That section 16-35 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. 16-35. Unlawful accumulations. (a) No person shall allow solid waste to accumulate upon the premises under his or her control in an amount which is detrimental to the public health or safety or which results in unsightly or insanitary conditions. Violation of this section shall constitute a misdemeanor. (b) Any accumulation of solid waste upon any premises which is detrimental to the public health or safety or which results in unsightly or insanitary conditions constitutes a public nuisance abatable pursuant to Chapter 17 of this Code or other applicable law. (c) In the event that solid waste, recyclable solid waste and/or yard waste being disposed of by a curbside service unit exceeds the solid waste collection and ~ecycling plastic cart(s) capacity for such curbside service unit, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient solid waste collection and recycling plastic cart capacity at said location, he or she shall cause written notifica- tion to be given to the curbside service unit. Said notification shall contain the date of the reported overflow of solid waste from the plastic cart(s). The notice shall also inform the curbside service unit that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the curbside service user will be required to increase the number of solid waste collection and recycling plastic carts. In the event that this shall occur, the solid waste collection contractor shall furnish such additional solid waste collection and recycling plastic cart(s) as are necessary and the city shall be entitled to compensation from the curbside service user to the same extent as if the property owner requested such additional solid waste collection and recycling plastic carts. SECTION 6: That section 16-37 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 16-37. Service requirements for multifamily residential buildings. (a)' It shall be mandatory that residential buildings with three (3) or more dwelling units on a single parcel be served by bin service. This requirement may be waived for residential 6 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 executive director of public works that~ no space is available for such bins within the boundary lines of subject property. In no case, however, shall bin 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 executive 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 or her 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 solid waste being disposed of at a residential bin service building exceeds the bin capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin capacity at said location, he or she shall cause written notification to be given to the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bins. The notice shall also inform the property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner will be required to increase the number of bins, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the executive director of public works shall determine whether to increase the number of bins or the frequency of collections and the solid waste collection contractor shall furnish such additional services and shall be entitled to compensation from the customers to the same extent as if the customer requested such additional collections from the solid waste collection contractor. SECTION 7: That section 16-37.5 of the Santa Ana Municipal Code is hereby amended to read as follows: 8ec.16-37.5. Service requirements for commercial/ industrial buildings. (a) It shall be mandatory that all commercial units and/or buildings and all industrial units and/or buildings be served by bin or roll-off service. Any person in the city who desires or is required to receive bin and/or roll-off service is required to obtain such services from the solid waste collection contractor ' 57~ORDINANCE NS-2323 with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll-off container services. This requirement may be waived for commercial or industrial buildings upon a finding by the executive director of public works that no space is available for bin or roll-off service within the boundary lines of the subject property. This provision shall not apply to roll-off containers or bins which are obtained for the collection of construction and demolition solid waste which has accumulated or been generated at a temporary construction site. Violation of this provision shall constitute a misdemeanor. (b) In the event that solid waste being disposed of at a commercial/industrial bin or roll-off container service unit exceeds the bin or roll-off container capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin or roll-off container capacity at said location, he or she shall cause written notifica- tion to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the executive director of public works shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or the frequency of collections and the solid waste collection contractor shall furnish such additional services and shall be entitled to compensation from such customers to the same extent as if the customer requested such additional collections from the solid waste collection contractor. ~ SECTION 8: 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 9: 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 8 ORD NANC S-2323 573 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 deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 7th ATTEST: J iee c. Guy' /. /Clerk of the Council' / day of July , 1997. COUNCII24F~4BERS: Pulido Aye Richardson Espinoza Na~Yt Franklin Aye Lutz Aye McGuigan Aye Moreno Nay CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance t~2.q -anO.~o7--~ to be the original ordinance adopted by the City Council of the City of Santa Aha on 7 ~ 7-~ 7 ; and that said ordinance was published in accordance with the Charter of the City of Santa Aha. Date: 7///~/~7 9 -Cl~rk of the Cou~il ~ City of SantaAna " /