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05-27-2008 CC Rpt A20 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: May 27, 2008 2 •,-1:47i;i `-:,- Public Hearing: 0 - --,, Discussion Item: E3( _ - TT' ".".! Consent Item: May 20, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: ORDINANCE AMENDING TITLE 13, CHAPTER 13.24 OF THE CHINO HILLS MUNICIPAL CODE PERTAINING TO BINS FOR SOLID WASTE AND RECYCLABLE MATERIALS. RECOMMENDATION: Introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS AMEND- . ING TITLE 13, CHAPTER 13.24 OF THE CHINO HILLS MUNICIPAL CODE PERTAIN- ING TO BINS FOR SOLID WASTE AND RECYCLABLE MATERIALS. BACKGROUND/ANALYSIS: As part of the franchise agreement with Chino Hills Disposal, the City does not allow that trash bins from companies other than Chino Hills Disposal within the city. However, since our current ordinance does not adequately police this problem, these "bandit" bins have recently been appearing within the City limits with greater regularity. It appears that when one of these bins appears on our streets, the process to abate this problem may take several days. By the time the bin is removed, its purpose has already been served. The main problem this causes for the City is in our diversion rate of trash sent to the landfill. Solid waste that is picked up by Chino Hills Disposal is processed and much of the waste is diverted from the landfill. Solid waste that is picked up in "bandit" bins is generally taken straight to the landfill and the total tonnage is charged against our diver- sion rate even though much of the waste could probably be recycled and thereby di- verted from the landfill. This ordinance would allow the City to more proactively deal with this problem. It is ex- pected that if we have a more stringent enforcement mechanism, the problem will virtu- doally disappear as the "bandit" bin haulers realize that it is not cost effective for them to try and do business in Chino Hills. REVIEW BY OTHERS: The City Attorney and Contract Compliance Officer have reviewed this item. fi26 , Agenda Date: May 20, 2008 Page 2 SUBJECT: ORDINANCE AMENDING TITLE 13, CHAPTER 13.24 OF THE CHINO IP HILLS MUNICIPAL CODE PERTAINING TO BINS FOR SOLID WASTE AND RECYCLABLE MATERIALS. FISCAL IMPACT: The fiscal impact as a result of this action would be minimal. It is possible that franchise fees would increase slightly as bandit bins are eliminated and residents use bins pro- vided by Chino Hills Disposal. R spectfully submitted, Recommended by: 114 N. La Belle, City Manager Kathleen Gotch, Assistant City Manager OP 41P 40 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS AMENDING TITLE 13, CHAPTER 13.24 OF THE CHINO HILLS MUNICIPAL CODE PERTAINING TO BINS FOR SOLID WASTE AND RECYCLABLE MATERIALS. WHEREAS, the City of Chino Hills requires a person to hold a franchise, permit, or license for collection of solid wastes, recyclables, or compostables within the City of Chino Hills; and WHEREAS, placement of temporary service bins in the City without a franchise, permit, or license may reduce the City's ability to comply with its obligations under the California Integrated Waste Management Act, including diversion of solid waste from landfills; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 13, Chapter 13.24 of the Chino Hills Municipal Code is amended in its entirety to read as follows: OP "Chapter 13.24 BINS FOR SOLID WASTE AND RECYCLABLE MATERIALS "13.24.010 Definitions generally. "For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 13.20 of the Chino Hills Municipal Code. Words and phrases not ascribed a meaning by either this chapter or Chapter 13.20 shall have the meaning ascribed by Division 30 Part 1, Chapter 2 of the Public Resources Code, Sections 40105-40200, and the regulations of the California Integrated Waste Management Board. "Collection day' means that day of the week on which refuse collection normally occurs for each property in the city as established by the refuse hauler under a franchise, license, permit, or other authority from the city pursuant to Title 13 of this code. "Owner' means the person (including a corporate entity) who holds legal title to a temporary service bin. "Temporary service bin' means a container or receptacle, usually of three cubic yards or greater capacity, used on a temporary basis at a service location for the collection of solid waste (including garbage and other refuse) and recyclables, including potentially dprecyclable construction debris, and green waste, or similar material, and which is emptied by means of special collection equipment. 1 OD"'User' means any person (including a corporate entity), other than an owner, who places, or causes to be placed, a temporary service bin on any public or private property within the City of Chino Hills. "13.24.020 Location regulations. A. Encroachment Permit Required. Except as provided in subsection B below, no person shall place, or cause to be placed, a temporary service bin on any public property, including any public street, alley, sidewalk, parking lot, or other public right-of- way within the city without first obtaining an encroachment permit from the City Engineer pursuant to this chapter and other relevant provisions of this code, and paying the fee set by resolution of the City Council. B. Temporary service bins may be placed adjacent to curbs in the public right-of-way on collection days. Temporary service bins shall not remain at the collection point after 8:00 p.m. on collection days. C. When not placed for collection on collection days, temporary service bins are to be placed outside public rights-of-way and when the temporary service bin is to remain at the same location or on the same property for more than thirty (30) days, such temporary service bins shall be placed in a screened and concealed area. soD. It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this code, for any person, other than an authorized representative of the City of Chino Hills, to place or leave standing a temporary service bin on any public or private property within the City, except that a licensed construction contractor may use bins and drop-off boxes owned by that contractor for site clean-up of that contractor's own demolition and construction projects. For the purposes of this section, the phrase "authorized representative of the City of Chino Hills" shall include any person holding a franchise, permit, or license for collection of solid wastes, recyclables, or compostables within the City of Chino Hills, issued in accordance with Section 13.20.070 for temporary service bins placed on single-family residential properties, or 13.20.080 of this Code for temporary service bins placed on commercial properties. 1. Removal of Unlawfully Placed Container. a. The City Manager may cause the posting of a notice to remove, as described below, in a conspicuous place on any container placed on any public or private property within the City in violation of this chapter. b. Notices to remove posted pursuant to the provisions of this chapter 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. 2 , 4101° c. If the container is not removed within twenty-four (24) hours after the notice to remove is posted, the City may direct the removal and storage of the container and the disposal of its contents if they consist of solid waste, putrescible matter, medical waste, hazardous waste or qualified household hazardous waste, or if the container together with its contents exceeds applicable weight limits. The contents shall be deemed to consist of solid waste, whether or not some or all of the contents are potentially recyclable, in all cases where the owner of the container, whether acting alone or in concert with others, including any affiliate, agent, broker or subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment of a fee or other consideration in any form or amount from the customer in exchange for rendering all or any aspect of the service for which the container was supplied. The owner of the container shall be responsible to reimburse 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 must be paid before the container may be 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. i. The owner may contest the City's claim that the container was illegally placed or left standing by giving notice to the City within ten (10) calendar days of receipt of notification from the City that the container was 4. impounded. Where the owner asserts that the placement or use of the container was for a legitimate activity not proscribed by this Chapter, the owner shall provide the City with information to substantiate that assertion. Said information shall be submitted with the notice from the owner and shall include, at a minimum, the following: (1) A description of the materials of value deposited in the container and an estimate of their value; (2) The address, telephone number and contact person of the facility or facilities with whom the owner has arranged for the contents to be processed or recycled, and proof of that arrangement; (3) Evidence that the facility or facilities where the contents are destined to be processed or recycled carries all requisite approvals, permits, or other forms of authorization required by any governmental agency having jurisdiction, to conduct processing or recycling activities; (4) A declaration from the customer receiving service, signed under penalty of perjury, that the customer was charged no AP fee from the service provider in exchange for service, and that the contents of the container were either donated or sold by the customer to the service provider/owner; 3 * (5) The City shall have the right to request such additional information as may be necessary or useful in determining the validity of the owner's contest. ii. If the City, acting through the City Manager or his designee, determines, in the exercise of reasonable discretion, that the owner has supplied evidence sufficient to support its contention that it was engaged in a legitimate recycling activity involving donated or sold materials, the container shall be returned to the owner without any charge for removal or storage of same. d. If the identity of the owner of a container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause notice to be mailed to the owner to claim the stored property. If the container is not claimed within ninety-five (95) days after removal and notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown to the City Manager, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. Where the contents present imminent threat to public health and safety, as determined by the City, they may be processed or disposed of without awaiting the expiration of the ninety (90) day claim period. e. After a container has once been removed by the City pursuant to a 41P notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition against the placement of unauthorized containers. In the event of a subsequent placement of a container owned by the same owner, or an affiliate of the owner, the City Manager may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed container and shall, in such case, give notice to the owner to claim the container. In such event, the owner shall, subject to the provisions of subsection 3 of this section, be responsible to reimburse the City for the actual cost of such removal, storage and disposal, which cost shall be paid by the owner before the container may be returned to the owner. If the container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection 4 of this section, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. The costs incurred by the City for removal, storage and disposal shall constitute a debt owed to the City by the owner, who shall be liable therefore in an action by the City for the recovery of such amounts. f. Notwithstanding any other provision of this Chapter to the contrary, the City Manager is authorized to direct the immediate removal, without notice, of any container placed on public or private property within the City in violation of this Chapter where the owner of the container is unidentified and cannot be ascertained by an inspection of the container. 41110 4 13.24.030 Administration. The City Manager is hereby authorized to adopt regulations as necessary for governing the administration of this chapter. 13.24.040 Penalty for violation. It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.36.010 et seq. of this code for any person to violate any provision of this chapter. 13.24.150 Civil Remedies Unaffected. Nothing in this chapter shall be deemed to limit the right of a holder of a franchise issued in accordance with Section 13.20.070 for temporary service bins placed on single-family residential properties, or 13.20.080 of this Code for temporary service bins placed on commercial properties, or the City, to bring a civil action against any person who violates this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a franchisee or the City." SECTION 2. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the lipsame, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. SECTION 3. This Ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 13th day of May, 2008. CURT HAGMAN, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: 411P MARK D. HENSLEY, CITY ATTORNEY 5