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HomeMy WebLinkAboutAGENDA REPORT 1991 0123 CC REG ITEM 11BMOORPARK ITEM � I1�• PAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: SUBJECT: OORPARK, CALIFORNIA City Councll Meefing Of —/ / z aw STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer M E M O R A N D U M The Honorable City Council Susan Cauldwe sistant to the City Manager January 16, 1 &1 Residential Refuse Franchise Agreements BACKGROUND Over the past several months, the City Council's Budget and Finance Committee has conducted negotiations with the City's current residential refuse haulers (G.I. Rubbish and Moorpark Disposal) to produce the attached residential refuse franchise agreements. The term of the agreements is retroactive to July 1, 1990 and concludes on June 30, 1995. MAJOR POINTS OF FRANCHISE AGREEMENT Key points of the agreement are listed below. 1. Monthly single-family residential rates will remain at $15.35 for the entire 1991 calendar year barring any government mandated costs or fuel cost increases in excess of 30 percent. The rate includes $1.35 per residence per month for recycling and a four percent franchise to the City calculated on that portion of the rate that does not apply to recycling ($14.00). This will result in approximately $30,000 in revenue to the City for the 1991 calendar year. Franchise fees are retroactive to January 1, 1991. 2. Monthly multi -family residential rates are currently either $9.90, $12.00, or $12.63 per month. Nearly 950 accounts of this type exist. In order to cover operating expenses of the recycling program, rates will be increased by nine percent. Nine percent is the amount of revenue dedicated to recycling under the single-family rate. It is appropriate to dedicate an equal amount 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Honorable City Council January 16, 1991 Page 2 under the multi -family rate. A franchise fee of four percent will be paid to the City on that portion of the rate that does not apply to recycling. This will result is approximately $4500 in revenue to the City for the 1991 calendar year. Franchise fees are retroactive to January 1, 1991. 3. Annual requests for rate reviews will be considered in November with any adjustments to be effective in January of the following year. Increases or decreases in the rate will be determined through the use of a formula that calculates changes in 1) operating costs (minus fuel); 2) fuel; and 3) landfill costs. Each factors is weighted in proportion to its share of total operating expenses. 4. Residential curbside recycling will begin in Moorpark within 60 days after the signing of this agreement. Residents will be provided with one 34-gallon wheeled recycling container to separately dispose of glass, aluminum, plastic, bi-metal, certain plastic, newspaper, and cardboard. All recyclable material will be mixed in the single container. Refuse haulers will collect and market the recyclable materials and will retain all proceeds through the end of the fiscal year. After that time, distribution of the proceeds will be reviewed by the City and haulers to determine if the arrangement is providing the maximum benefit to both parties. Under the current plan, all recyclable material collected in the City will be taken to G.I.'s yard to be sorted and prepared for market. The City, in consultation with the refuse haulers, has the option to modify the type of materials being recycled. 5. Haulers will no longer provide refuse containers. All containers currently in place will become the property and responsibility of each individual homeowner. 6. Concurrent with the implementation of curbside recycling, haulers are not required to collect more than four trash cans per residence on any collection day. Residents will pay additional fees to have refuse in excess of four trash cans collected. This provision will encourage recycling and place the burden of disposal on the generator of the waste. The Honorable City Council January 16, 1991 Page 3 7. The refuse hauler is required to submit quarterly reports to the City. Among the items to be reported are revenue, new or closed accounts, changes in company ownership, current fleet, and any adverse written material received from any regulatory agency. 8. The agreement provides for an annual public review of the refuse haulers's service during the prior year, if the City Council so decides. 9. Upon request, senior citizens, who are heads of households will receive a twenty percent discount but will be limited to two trash cans per week. 10. All City owned locations, with the exception of City Hall's roll -off, will receive free trash collection. 11. Each haulers will pay actual staff costs of annual review (not to exceed 80 hours). OTHER RESIDENTIAL HAULERS E. J. Harrison and Sons currently services approximately 20 residential accounts in the Villa Campesina project. Effective with the implementation of recycling, G.I. Rubbish will take over these accounts. Harrison is aware that the franchise is scheduled to acted upon by the City Council. A letter explaining these changes will be mailed to the residents if the franchise agreements as proposed are approved. RECYCLING PUBLIC INFORMATION AND PUBLICITY Staff will be preparing and distributing information on the City's recycling program shortly. The public information and publicity program are outlined in a separate staff report elsewhere on this agenda. MISCELLANEOUS FEE RESOLUTION A miscellaneous fee resolution, attached to this report, sets the rate for miscellaneous transactions. It is similar to the fee schedule approved in Simi Valley. The Honorable City Council January 16, 1991 Page 4 REPEAL OF EXISTING SOLID WASTE COLLECTOR ORDINANCE In March 1990, the City Council adopted Ordinance 123 (attached) which regulates solid waste in the City. Concurrent with this action, the Council also repealed a section of the Municipal Code relating to solid waste. Staff has determined that it is also necessary at this time to repeal Chapter 7 of Division 4 of the municipal code (attached) relating to the regulation of solid waste collectors. STAFF RECOMMENDATIONS 1. Introduce Ordinance repealing Chapter 7 of Division 4 of the Moorpark Municipal Code. 2. Approve two exclusive residential refuse franchise agreements with G.I. Rubbish and Moorpark Disposal. 3. Adopt Resolution 91- , a miscellaneous residential refuse fee resolution. Attachments: 1) Ordinance 123 2) Chapter 7 of Division 4 of the Moorpark Municipal Code 3) Ordinance repealing Chapter 7 of Division 4 4) Residential refuse franchise agreements 5) Miscellaneous residential refuse fee resolution refuse ORDINANCE NO. 123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK REPEALING ARTICLE 1, CHAPTER 4, DIVISION 2 OF THE MOORPARK MUNICIPAL CODE AND ADDING CHAPTER 10 TO TITLE 6 TO THE MOORPARK MUNICIPAL CODE PERTAINING TO THE REGULATION OF SOLID WASTE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article 1, Chapter 4, Division 2 of the Moorpark Municipal Code is hereby repealed. SECTION 2. Chapter 10 of Title 6 of the Moorpark Municipal Code is added to read "CHAPTER 10 - REGULATION OF SOLID WASTE Section 6.10.010 - Purpose. The purpose of this chapter is to provide for the collection and transportation of Solid Waste to a City -designated Disposal Site. The City has determined that public health and safety require the collection, transportation, and disposal of Solid Waste to be controlled and regulated by the City through the system provided in this chapter. 1: Section 6:10.020 - Definitions. a} "Bin shall mean a Solid Waste container satisfying the requirements of Section 6.10.040(c). b) "City" shall mean the City of Moorpark. c) "City Manager" shall mean the City Manager of the City of Moorpark. d) "Commercial Collector" shall mean any person, corporation, association, partnership, business, or any individual, group or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to collect, transport and dispose of Solid Waste from sources within the City for a Commercial Customer. e) "Commercial Customer" shall mean any person, corporation, association, partnership, business, or any individual, group or combination acting as a unit, other than as an employee, using a Bin or Drop Box for Solid Waste accumulations, conducting a business within a commercial or industrial zone, or operating an apartment, condominium, townhome complex, school, or mobile home park within any zone. For purposes of this chapter, an apartment, condominium, or townhome complex shall contain four (4) units. f) "Disposal Site" shall mean any Recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where Solid Waste may be taken for intermediate processing or final disposal. g) "Drop Box" shall, mean a Solid Waste container satisfying the requirements of Section 6.10.040(d). h) "Drop Box Transporter" shall mean any person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to transport and dispose of Solid Waste from sources within the City for Customers. i) "Hazardous Materials" shall mean any material defined as hazardous in the State Health and Safety Code, as may be amended from time to time; a waste that is hazardous according to the criteria set forth in the California Code of Regulations, as may be amended from time to time or any waste that must be disposed of in a hazardous waste landfill. j) "Receptacle" shall mean a Solid Waste container satisfying the requirements of Section 6.10.040(b). k) "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the marketplace. 1) "Residential Collector" shall mean any person, corporation, association, partnership, business or any individual, group, or combination acting as a unit, other than as an employee, authorized by license, franchise, contract, operations agreement or otherwise with the City to collect, transport and dispose of Solid Waste from sources within the City for a Residential Customer. m) "Residential Customer" shall mean any non -Commercial Customer. n) "Solid Waste" shall include all putrescible and non-putrescible waste, including, but not limited to, animal feces, food waste, waste paper, newspaper, glass, aluminum, plastic, garbage, cardboard, rags, refuse, household ashes, lawn clippings, tree and shrubbery trimmings, leaves, wearing apparel, household goods, wooden containers, and all worthless, useless, unused, rejected, or cast-off solid or semi -solid matter and commercial and construction waste, such as cement and asphalt, excluding Hazardous Materials as defined in this chapter and dead animals. Section 6.10.030 - Solid Waste -Accumulations. a) No Commercial or Residential Customer shall accumulate, keep or deposit Solid Waste upon any lot or parcel of land, whether public or private, other than in Bins, Drop Boxes or Receptacles and in accordance with Sections 6.10.040 and 6.10.050. b) No Commercial or Residential Customer owning, occupying, or having the control of any premises or vacant lot or any person occupying a dwelling within the City shall permit any Solid Waste to become or remain offensive, unsightly, or unsafe to the public health or safety or to deposit, keep, or accumulate, or permit or cause any Solid Waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land or upon any public or private place, street, lane, alley or driveway, except as allowed by this chapter. c) No Commercial or Residential Customer shall place or cause to be placed any Solid Waste generated upon any property or by any residential, commercial or industrial use into any Receptacle, Drop Box or Bin other than those owned• o'r controlled by such person, unless permission for such use is granted by the Commercial or Residential Customer owning or controlling the Receptacle, Bin or Drop Box. d) No Commercial or Residential Customer owning, occupying or having control of any premises shall set out or cause to be set out for collection any Solid Waste other than that originating on the premises. e) No Commercial or Residential Customer shall dispose of Solid Waste in or near.litter receptacles placed by the City in public places for incidential use by pedestrian or vehicular traffic. f) No Commercial or Residential Customer shall accumulate, keep or deposit Solid Waste in such a manner that a public nuisance is created, including, but not limited to, allowing flies, mosquitos, or rodents to breed therein. Section 6.10.040 - Solid Waste Containers. a) Solid Waste shall be kept free of all Hazardous Materials and shall be securely wrapped with paper or plastic and placed in a closed Receptacle, Bin or Drop Box. b) Receptacles shall be made of metal or plastic if barrels, or plastic if bags, and of sufficient strength to prevent them from being broken under ordinary conditions. They shall have a maximum capacity of forty-five (45) gallons, unless issued by the collector, in which case they may have a maximum capacity of fifty-five (55) gallons, and shall not exceed sixty-five (65) pounds when filled. Receptacles shall be equipped with a vermin and animal resistant cover or seal which shall be utilized at all times and side handles if metal or plastic barrels. Receptacles shall be in a condition such that their contents can be fully enclosed and such that they shall stand upright and leave no sharp, jagged or otherwise dangerous corners or edges. c) Bins shall possess a fire resistant lid, which shall be utilized at all times, the top of which shall not exceed (60) inches in height from the surface to the ground. They shall have a capacity of at least one and one-half (1 112) cubic yards but not more than six (6) cubic yards. Bins shall be constructed of metal or other material as approved by the City. All Bins. must be rented or purchased from the City or a Commercial Collector. d) Drop Boxes shall have a capacity of at least ten (10) cubic yards. They shall- be constructed of metal or other material as approved by the City. All Drop Boxes must be rented or purchased from the City or a Commercial Collector. e) Receptacles, Drop Boxes and Bins shall be maintained in a. clean, safe and sanitary condition. Section 6.10.050 - Placement of Containers. a) Any Receptacle, Bin or Drop Box shall be placed for collection on any sidewalk, street, roadway or alley only as provided in this chapter. b) Any Receptacle or Bin shell be placed for collection along any street, roadway or alley only on the day established for the collection of Solid Waste on the particular route or after 5:30 p.m. on the day immediately prior to such collection, and shall not remain thereon for more than eighteen (18) Hours after• it has been emptied. c) Any Receptacle placed for collection along a street or roadway shall be placed between the curb line and the property line as close to the curb line or edge of the street or roadway as practicable. d) Any Receptacle, Bin or Drop box placed for collection in any alley shall be placed as close to the property line as practicable. e) Any Bin or Drop Box placed in any street, roadway or alley shall require an encroachment permit from the City pursuant to the Moorpark Municipal Code. Section 6.10.060 — Interference with Solid Waste. No person other than a Residential or Commercial Collector, Drop Box Transporter or Customer shall interfere in any manner with any Receptacle, Bin or Drop Box or the contents thereof, nor remove any such Receptacle, Bin or Drop Box from the location where it was placed by the Collector, Transporter or Customer, nor remove the contents of any Receptacle, Bin or Drop Box. Section 6.10.070 — Contract and Patent for Solid Waste Collection Service. a) All Residential and Commercial Customers in the City shall contract with the City or its agent for the weekly removal of Solid Waste from their property. b) The City or its agent is authorized to charge Residential and Commercial Customers a fee for the collection and transportation of Solid Waste, subject to the approval by the City Council of the fee. The failure of any Customer to promptly remit the service charge when due and payable shall entitle the City or its agent to collect a late fee from that Customer. The level of late fees shall be .approved by the City Council. The maxfmum-amount of Solid Waste -to be collected at any one time from. Residential Customers without any additional charge shall be determined by the City. Customers shall be charged extra for all Solid Waste in excess of the above limits on any given collection day. Section 6.10.080 — Solid Waste_ Collection. No person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee shall collect, or enter into an agreement to collect, or provide for the collection or disposal of Solid Waste, unless such person, corporation, association, partnership, business, or any individual, group, or combination acting as a unit, other than as an employee, making or providing for the collection or disposal is authorized by the City to operate within the City by means of a license, franchise, contract, operations agreement or otherwise. Section 6.10.090 - Franchises for Solid Waste Collection. The City reserves the right to grant an exclusive or non-exclusive license, franchise, contract, operations agreement or otherwise for the collection and transportation of Solid Waste from sources within the City under such terms and conditions as are contained in this chapter and as may be prescribed by the City Council. The City may require monetary compensation from Collectors and Transporters, in exchange for the license, franchise, contract, operations agreement or otherwise. A written agreement between the City and the Collector or Transporter shall be required when the City exercises its right to license, franchise, or otherwise contract for the collection and transportation of Solid Waste. Section 6.10.100 - Collection and Transportation Times and Days. a) No Residential Collector or Drop Box Transporter shall collect Solid Waste in the City or pick up or deliver Drop Boxes except between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, nor at any time on Saturdays or Sundays except as provided in Section 6.10.100(d). b) No Commercial Collector shall collect Solid Waste in the City except between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 3:00 p.m. on Saturdays, nor at any time on Sundays except as provided in Section 6.10.100(d). c) No Residential or Commercial Collector or Drop Box Transporter shall collect or transport Solid Waste within 200 feet of a public or private elementary, junior high, or high school during the one-half (%Z) hour before the commencement of the regular school day and one-half (2) hour following the conclusion of the regular school day. It shall be the responsibility of the Collector or Transporter to ascertain the various starting and ending times for schools in the City.- d) Whenever a holiday recognized by the City or any Disposal Site falls upon a regularly scheduled collection day, the collections scheduled for that day, and for the remainder of the week, may be picked up one day later than scheduled. The Collector or Transporter shall provide the. City with at least ten (10) days prior written notice of the collection schedule for each applicable holiday and the Collector shall place advertisements in one (1) daily newspaper serving the City notifying Customers of the same. Customers shall also be notified of any change to the regular schedule by the Collector or Transporter on the last bill prior to the holiday. Section 6.10.110 - Solid Waste Disposal. - a) The City shall approve where Solid Waste generated in the City is transported for disposal. No Collector or Transporter shall dispose of Solid Waste at a Disposal Site owned or controlled by the Collector or Transporter or its parent or holding company unless expressly granted by the City. wra b) No person, including a Collector or Transporter, shall burn any Solid Waste within the City at any time, except as otherwise permitted by law. c) No person, including a Collector or Transporter, shall bury or dump any Solid Waste within the City, except at a designated Disposal Site and then only in accordance with the rules and regulations governing the use of such Disposal Site. d) No Residential Collector shall provide less than weekly collection of Solid Waste from all Residential Customers in the City when such Solid Waste is properly placed for collection on the day of collection. e) No Commercial Collector or Drop Box Transporter shall fail to collect Solid Waste accumulated by each Commercial Customer as many times as requested by the Commercial Customer or once each week, whichever is more frequent. f) No Residential Collector collecting or transporting Solid Waste within the City shall create noise levels in excess of 65 decibels. No Commercial Collector or Drop Box Transporter collecting or transporting Solid Waste within the City shall create noise levels in excess of 70 decibels. g) No Collector or Transporter shall fail to maintain Bins and Drop Boxes other than in good repair." SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid - or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted - this ordinance, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage.and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said -City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in a newspaper of general circulation, as defined in Section 6008 of the government Code, for the City of Moorpark, and which is hereby designated for that purpose. M PASSED AND ADOPTED this 21st�, day of March , 1990. Zso PaulW. L ran, Jr. Mayor /��� Lillian E. Kell man City Clerk ADM.901311 wsm e CHAPTER 7 - REGULATION OF SOLID WASTE STORAGE, COLLECTION, DISPOSAL, TRANSFER, RESOURCE RECOVERY, AND ENVIRONMENTAL HEALTH PERMITS AND FEES. Repealed and reenacted September 20, 1977 - ORD. 3337 Sec. 4700 = DESIGNATION - Pursuant to Government Code Section 66796, the Environmental Services Department of the Environmental Resource Agency of the County of Ventura is hereby designated as the enforcement agency to carry out the provisions of the Nejedly-Z'berg-Dills Solid Waste and Resource Recovery Act of 1972, Section 66700 et seq. of the Government Code and the Z'berg-Kapiloff Solid Waste Control Act of 1976, Section 66795, et,seq., of the Government Code. The Environmental Services Department shall enforce all provisions of this ordinance and carry out the duties specified in Section 66796.10 of the Government Code, except the Enforcement of Hazardous Waste Regulations specifically designated to the State Department of Health. Sec. 4701-1 - DEFINITION OF TERMS - The provisions of this chapter shall be construed in accordance with the following definitions of terms and the definitions provided in Title 14, Division 7, Chapter 3., Article 4, of the California Administrative Code. Sec. 4701-1 - improved Dis osal Area - "Approved Disposal Areal' shall mean any site, location, tract of land, area, building, structure or premise authorized by law as a place for the disposal of solid waste for which a health permit r has been issued by the Department. Sec. 4701-2 - Board - "Board" shall mean the Board of Supervisors of the County of Ventura. sec. 4701-3 - Collector - "Collector" shall mean any person engaged in the business of collecting or transporting solid waste in any part of the unincorporated area of the County of Ventura. Sec. 4701-4 - Director - "Director" shall mean the Director of the Environmental Services Department (Deputy Health Officer) of the Environmental Resource Agency or his designated representative. Sec. 4701-5 - Department - "Department" shall mean the Environmental Services Department of the Environmental Resource Agency of the County of Ventura. Sec. 4701-6 - Solid Waste - "Solid Waste" as used herein shall include any or all of the following: garbage, swill, refuse, cans, bottles, papers, vegetable matter and brush, carcass of any slaughter pen or butcher shop, trash, rubbish, abandoned and unidentifiable vehicles and vehicle parts, abandoned iceboxes, appliances and fixtures, rock, rubble, masonry, glass, plaster, demolition wastes, sludge, brine, processed products wastes, medical service wastes, hazardous wastes, and toxic wastes, including those definitions of solid wastes as identified in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code. Sec. 4701-7 - Person - "Person" shall include all definitions as defined in Section 66715 of the Government Code. 4-44 OC-i Sec. 4701-8 - Farms or Ranches - "Farms or Ranches" shall mean property that is devoted entirely to commercial agricultural or animal husbandry purposes, including the feeding and raising of livestock for dairying or for poultry raising purposes. Sec. 4701-9 - Medical Service Waste - "Medical Service Wastes" shall include all infectious waste as defined in Section 70847(d), Title 22, California Administrative Code, Division 5. Sec. 4701-10 - Public Nuisance - "Public Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. Sec. 4702 - DISPOSAL AREA - No person shall dispose of any solid waste in any place in the unincorporated area of the County other than an approved disposal area for which a health permit has been issued by the Department or as provided in Section 4704. Sec. 4703 - REMOVAL OF SOLID WASTE FROM PREMISES - All solid waste produced or accumulated in or about any premises situated within the unincorporated area of the County shall be stored in compliance with Title 14 of the California Administrative Code. All residential refuse as defined in Section 17225.57 of Title 14, California Administrative Code, shall be disposed of or removed from the premises at least once each week. Sec. 4704 - FARMS AND RANCHES - An owner or occupant of a farm or ranch may dispose" of solid waste which originates on such property by burying said solid waste on said property at least once each week and at least 800 feet from any public right-of-way or from the nearest building used for human habitation. Such solid waste is to be covered with a minimum of 12 inches of soil. Sec. 4705 - FEEDING VEGETABLE WASTE TO FARM ANIMALS - This chapter shall not be construed to prohibit the feeding of vegetable matter to farm animals or require that health permits be obtained for this purpose, where such activities are otherwise authorized by Section 4133 of the Ventura County Ordinance Code or applicable State statutes. Sec. 4706 - SOLID WASTE ON OCCUPIED PRIVATE PROPERTY - Every owner or person in control of private property shall properly store and maintain accumulations of solid waste so that it will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon the private property of another person. Sec. 4707 - SOLID WASTE ACCUMULATIONS AS A PUBLIC maintain any accumulations of solid waste which ar any person permit another person to maintain on his solid waste which are a public nuisance. NUISANCE - No person shall e a public nuisance nor shall premises any accumulations of 4-45 OC-1 Sec. 4708 - NOTICE TO REMOVE SOLID WASTE - The Department is hereby authorized to notify the owner or occupant of any private property within the County, or the agent of such owner or occupant, to properly dispose of solid waste located on such property which is a public nuisance. Such notice shall be by personal issuance of a warning citation or by certified mail addressed to said owner, occupant, or the agent thereof, at his last known address. Sec. 4709 - REMOVAL OF SOLID WASTE BY COUNTY - Upon the failure, neglect or refusal of the person so notified to properly dispose of putrescible solid waste within seven (7) days and non-putrescible solid waste within thirty (30) days after receipt of written notice as provided in Sec. 4708 or after the notice has been posted on the property, the Department shall cause such solid waste to be removed and properly disposed of. In the event the notice is returned to the County because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant, or agent thereof, the Department shall cause such solid waste to be removed and properly disposed. Sec. 4710 - EMERGENCY REMOVAL OF SOLID WASTES - Solid Waste which is determined by the Director to be an immediate public health hazard may be removed by the Department from a property through summary abatement without judicial hearing or notice of hearing. When the Department has effected the removal of such solid waste, the owner or occupant of the property shall be liable to the County for the cost of such removal and disposal. Sec. 4711 - RIGHT OF THE BOARD TO COMPEL OWNER TO REMOVE SOLID WASTE: DEFAULT BY OWNER: REMOVAL BY THE DIRECTOR: RIGHT TO PRESCRIBE PROCEDURE AND MAKE EXPENSE A LIEN UPON PROPERTY - The Board may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove solid waste from buildings or grounds and adjacent sidewalks. If he defaults, after notice prescribed by the Board, it may authorize the removal or destruction of the solid waste at his expense by the Director. The Board may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds. Sec. 4711-1 - Declaration of Public Nuisance - The Board may declare by resolution as public nuisance, and abate: (a) All solid waste upon the streets, sidewalks, or private property in the County. (b) All solid waste upon parkways, sidewalks, or private property in the County. Sec. 4711-2 - Resolution: Contents - The resolution shall: (a) Refer to the street by its commonly known name. (b) Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official County Assessment Map. Sec. 4711-3 - Number of Streets, Sidewalks, etc., SNhich may be included in I Resolution. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. 4-46 OC-1 Sec. 4711-4 - Declaring Solid Waste on Specified Parcels to be Recurrent Nuisances: Abatements on Notice and Hearin . Contents of Notice At the time it adopts the resolution as provided for by Sections 4711-2 and 4711-3, the Board may also find and declare that solid waste on specified parcels of property are recurrent nuisances. Such recurrent nuisances shall be abated in accordnce with the provisions of this article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a violation notice to the owners of the property as they and their addresses appear on the current assessment roll. The notice shall refer to and describe the property and shall state that solid waste accumulations of a recurrent nature are on or in front of the property, and that the same constitutes a public nuisance which must be abated by the removal of said solid waste, and that otherwise they will be removed and the nuisance will be abated by the County authorities, in which case, the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such solid waste is removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. Sec. 4711-5 - Notices: Manner of Posting - After passage of the resolution, the Director shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post: (a) One notice to each separately owned parcel of property of not over fifty yards frontage. (b) Not more than two notices to any such parcel of one hundred yards frontage or less. (c) Notices at not more than one hundred yards apart if the frontage of such a parcel is greater than one hundred yards. Sec. 4711-6 - Notices: Heading - The heading of the notices shall be "Notice to remove solid waste" in letters not less than one inch in height. Sec. 4711-7 - Form of Notice - The notice shall be substantially in the following form: NOTICE TO REMOVE SOLID WASTE Notice is hereby given that on the day of lg Ventura County Board of Supervisors passed a resolution declaring that solid waste is located upon or in front of property on this street, in and more particularly described in the resolution, and that such solid waste constitutes a public nuisance which must be abated by removal. Otherwise such solid waste will be removed and the nuisance abated by the County and the cost of removal assessed upon the land from or in front of which the solid waste is removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the County Clerk. 4-47 OC-1 All property owners having any objections to the proposed removal of the solid waste are hereby notified to attend a meeting of the Ventura County Board of Supervisors to be held (give date), when their objections will be heard and given due consideration. Dated this day of , 19 Director, Environmental Services Department Sec. 4711-8 - Time of posting notices - The notices shall be posted at least fourteen (14) days prior to the time for hearing objections by the Board. Sec. 4711-9 - Mailing of Notices by County Clerk - As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the Board may direct the County Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The County Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the Board. The notices mailed by the County Clerk shall be mailed at least fourteen (14) days prior to the time for hearing objections by the Board. The notices mailed by the County Clerk shall be substantially in the form provided by Section 4711-9, except, that notices shall be signed by the County Clerk and the heading of the notice need not comply with Section 4711-8. Section 4711-10 - Hearing of Objections: Continuances - At the time stated in the notices, the Board shall hear and consider all objections to the proposed removal of solid waste. It may continue the hearing from time to time. Sec. 4711-11 - Decision upon objections: Acquisitions of Jurisdiction by Board - By motion or resolution at the conclusion of the hearing the Board shall allow or overrule any objections. Sec. 4711-12 - Decision of Board is final - The decision of the Board is final. Sec. 4711-13 - Order to Abate Nuisance: Form of Order - If objections have not been made or after the Board has disposed of those made, it shall order the Director to abate the nuisance by having the solid waste removed. The order shall be made by motion or resolution. Sec. 4711-14 - Entry Upon Private Property to Abate Nuisance - The Director may enter upon private property to abate the nuisance. Sec. 4711-15 - Removal of Solid Waste by Property Owner - Before the Director arrives, any property owner may remove the solid waste at his own expense. Sec. 4711-16 - Account of Cost of Abatement: Submission of Itemized Report to Board - The Director shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the Board for confirmation an itemized written report showing such cost. 4-48 OC-1 Sec. 4711-17 - Posting Cop of Report - A copy of for at least three days prior to its submission to chamber door of the Board, with a notice of the time Sec. - 4711-18 - Hearing on R Motion or Resolution - At the report, the Board shall hear liable to be assessed for the deemed necessary. The Board resolution. port: Modification: the report shall be posted the Board on or near the of submission. Confirmation of Report b time fixed for receiving and considering the it with any objections of the property owners abatement. It may modify the report if it is shall then confirm the report by motion or Sec. 4711-19 - Abatement of Nuisance b Contracts: Lettingof Contracts: Account and Submission of Itemized Report b Contractors Abatement of the nuisance may in the discretion of the Board be performed by contract awarded by the Board on the basis of competitive bids let to the lowest responsible bidder. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 4711-18. Sec. 4711-20 - Cost of Abatement Constitutes Special Assessment: Lien - The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. Sec. 4711-21 - Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill - After confirmation of the report, a copy shall be given to the County Assessor and the Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for County purposes. Sec. 4711-22 - Entry of Assessments upon County Tax Roll - The County Auditor shall enter each assessment on the County Tax roll, opposite the parcel of land. Sec. 4711-23 - Collection of Assessment: Penalties and Procedure for Fore- closure: Installment Pa gents: Enforcement Procedure: Interest - The amount of the assessment shall be collected at the time and in the manner of ordinary County taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary County taxes. Sec. 4711-24 - Alternative Method: Issuance of separate Bills and Receipts - As an alternative method, the County Tax Collector in his discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessment. Sec. 4711-25 - Application of Laws Relating to Levy, Collection and Enforce- ment of County Taxes Laws relating to the levy, collection, and enforcement of County taxes apply to such special assessment taxes, except that if any real property to which such cost of abatement relates has been transferred or conveyed to a bonafide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then such cost of abatement shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. 4-49 OC-1 Sec. 4711-26 - Receipt of Amounts and Issuance of Receipts by Director - The .,� Director may receive the amount due on the abatement cost and issue receipt at any time after the confirmation of the report and until 10 days before a copy is given to the County Assessor and Tax Collector, or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. Sec. 4711-27 - Refund of Tax Erroneously Levied: Filing Claim: When Claim Must be Filed: Verification - The Board may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax, or part, shall not be refunded unless a claim is filed with the Clerk of the Board on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor, or administrator. Sec. 4712 - HEALTH PERMIT - The Department may, upon a majority vote of the Board, prescribe and/or revise Health Permit fees to be collected from each operator of a solid waste facility or from any person who conducts solid waste handling. Issuance of such permit shall be conditioned upon compliance with the solid waste management standards established under the Nejedly-Z'berg-Dills Solid Waste and Resource Recovery Act of 1972 and the Z'berg-Kapiloff Solid Waste Control Act of 1976, and Title 14 of the California Administrative Code. Such health permit shall be in addition to any other license or permit required by this County, or any other public jurisdiction, including, but not limited to, the County Fire Marshall, Solid Waste Management Board, and the Regional Water Quality Control Board. CSec. 4712-1 - Health Permit Fee - A health permit fee schedule shall be f determined by resolution of the Board of Supervisors of Ventura County. Sec. 4712-2 - Violation of Health Permit Conditions - After an inspection of a facility by the Department, if it is determined that the facility does not meet the minimum requirements of the health permit, a notice will be given to the permittee for correction of the violations at the facility. If the corrections are not completed within a reasonable period of time, as determined by the Department, the Department hearing procedure may be initiated to determine if the health permit should be suspended or revoked. Such suspension or revocation is to be conducted in compliance with permit procedures as established by the Z'berg-Kapiloff Solid Waste Control Act of 1976. Sec. 4712-3 - Operating Without a Valid Health Permit - The operation of any solid waste collection, storage or disposal facility without a valid health permit issued by the Department, when required by the Department, shall be a misdemeanor. Sec. 4712-4 - Collection of Fees - The County Tax Collector shall permit fees and penalties approved application for perform such other duties Sec. solid shall as directed by this ordinance, when he 3 permit from the Environmental Health as are by this ordinance prescribed. 4713 - PERMIT TO OPERATE A SOLID WASTE FACILITY waste facility or proposing comply with the provisions to become an operator of Sec. 66796.30 of th collect the receives the Division and e - Any person operating a of a solid waste facility Government Code. 4-SO OC-1 Sec. 4713-1 - Application Fee - Each application required to be filed i this section shall be accompanied by a filing fee according to the ordii adopted by the Board of Supervisors to reflect the cost of processing applications. This fee is in addition to Section 4712 and 4714 of this c (AM. ORD. 3684-4/10/84) Sec. 4714 - SOLID.WASTE CONTROL FEES - The Department may, upon a majority of the Board, prescribe and revise solid waste control fees to be collected each operator of a solid waste facility or from any person who conducts s waste handling. Such fee or other charge shall be based upon either the wei volume, or type of solid waste which is received or handled by any such oper or person or upon any other appropriate parameter or any combination of the. for commensurate with the cost of administering the program. Sec. 4715 - MEDICAL SERVICE WASTE CERTIFICATION FEE - Upon filing with the Director an application for certification of medical service waste disposal methods as required by the state, each applicant shall pay a certification fee established by resolution of the Board. The fee shall represent the costs of administration of Title 22, Division 5, of the California Administrative Code and Division 2, Chapter 1, of the California Health and Safety Code. Sec. 4715.5 - SOLID WASTE MANAGEMENT FEE - Any person operating a solid waste facility shall pay a solid waste management fee as set forth in the schedule adopted by resolution of the Board of Supervisors. Said fee shall be paid annually by any such person on or before June 30 of each year following the effective date of this section. The solid waste managmeent fee shall be made payable to the Ventura County Resouce Management Agency. Payment of the fee shall be accompanied by a statement from the operator specifying and certifying the total amount of gross receipts, and of tonnage of solid waste, received during the preceding twelve month period. This fee shall be in addition to the fees set forth in sections 4712, 4713, 4714, and 4715 of this chapter. Sec. 4715.5-1 - Records - Documentation substantiating the gross receipts and tonnage upon which the solid waste management fee is based shall be maintained by the person operating a solid waste facility and submitted, upon three days written notice, for review by the director of the Ventura County Resource Management Agency. Also, upon receipt of a minimum three days written notice, a person operating a solid waste facility shall provide access to the director of the Resource Management Agency or his designee for the purpose of monitoring the weighing and receipt procedure at the disposal site in order to verify the accuracy of the data submitted. Sec. 4716 - RECEPTACLES - Every lessee or occupant of any private dwelling house, and every owner or agent of a hotel, restaurant, eating house, boarding house or other building where meals are furnished, and every owner and every other person having solid waste in the unincorporated area of the County of Ventura, shall provide, and at all times keep within said building or conveniently located near said building, suitable and sufficient rain -tight receptacles, each capable of holding a maximum of fifty-five (55) gallons of solid waste, and shall cause to be deposited in such containers and not elsewhere, all solid waste accumulating on said premises. Where the permit holder provides their own residential receptacles, weight and capacity requirements may be waived by the Department. Commercial wastes such as: demolition wastes, bulky wastes, toxic wastes, C 4-51 OC-2 i hazardous wastes, infectious waste and special wastes must be stored in a manner approved by the Department. Sec. 4716-1 - Covers - The receptacles shall be equipped with suitable bails or handles and shall have tightly fitted covers, and shall not leak nor permit the escape of odors. Commercial bins shall also have tight fitting lids or covers. When residential receptacles are provided by the pick-up service, tight fitting lids or covers shall also be provided by the service. Sec. 4716-2 - Weight of Receptacles - The weight of the solid waste container and its contents shall not exceed eighty (80) pounds, unless approved by the Department. Sec. 4716-3 - Placement of Receptacles - Such receptacles shall be so located on the premises as to be readily accessible to the refuse collector or permit holder who is required to render pickup services to the premises. In the case of residential pickup service, containers shall be made accessible to the collection vehicle at the nearest public traveled thoroughfare, or any other location approved by the Department. Sec. 4716-4 - Time Limits on Placement - Solid waste receptacles shall not be placed adjacent to the street for pickup service before four (4) p.m. of the day preceeding the scheduled collection nor shall such containers be permitted to remain at the place of collection after eight (8) p.m. on the day of collection. Sec. 4716-5 - Receptacles Furnished by Permit Holder - Solid waste receptacles furnished by a permit holder for residential use as a part of its service shall be a suitable container as approved by the Department. Sec. 4716-6 - Bulky and Miscellaneous Solid Waste - In lieu of being deposited in portable receptacles, garden trimmings and other bulky miscellaneous solid waste may be wrapped or tied in bundles not exceeding four (4) feet in length and two (2) feet in diameter and not exceeding eighty (80) pounds gross -weight or may be deposited in a sturdy or substantial cardboard box or other disposal container not exceeding twelve (12) cubic feet in capacity nor eighty (80) pounds gross weight per receptacle. Sec. 4716-7 - Commercial Bins - In lieu of using portable receptacles for the deposit of solid waste, commercial establishments may use bins constructed for such purpose and approved by the Department. Such bins shall have lids which prevent the escape of trash and odors. Such bins shall not leak liquid and waste fluids. Sec. 4716-8 - Approved Use of Receptacles - Household solid waste shall be placed only in receptacles provided for that purpose by the disposal service or the user. Placement of household solid waste in commercial receptacles not provided for that purpose is prohibited. Sec. 4716-9 - Preparation of Garbage - All wet garbage shall be drained and properly bagged or wrapped so as to contain odors and fluids and to prevent the attraction and propogation of vectors. 4-52 OC-1 Sec. 4716-10 - Effective Date - All persons required to have receptacle covers under the provisions of Section 4716-1 of the Ventura County Ordinance Code shall have ninety (90) days after the effective date of the Ordinance to do SO. Sec. 4716-11 - Public Receptacles - No household solid waste shall be disposed c of in or near litter reeptacles placed in public places or thoroughfares for the purpose of use by transient or vehicular traffic. Sec. 4717 - COLLECTION AND TRANSPORTATION EQUIPMENT - For reasons of nuisance -and vector problems, uncleaned refuse collection vehicles containing putrescible materials shall not be stored on public streets, roads, or on private property which causes a public nuisance, except under emergency conditions. The collection service operator must designate a location where the vehicles will be parked when not in service. All collection and transportation equipment shall comply with the standards set forth in the California Administrative Code, Title 14, Division 7, Chapter 3, Article 5. Sec. 4718 - TRANSFER ANTI -LITTER AND PROCESSING STATION STANDARDS - All transfer, anti -litter and processing stations shall be operated in accordance with the standards established in the California Administrative Code, Title 14, Division 7, Chapter 3, Article 6. Sec. 4719. - DISPOSAL SITE STANDARDS - All disposal sites and sanitary landfill sites shall be operated in compliance with the standards established in the California Administrative Code, Title 14, Division 7, Chapter 3, Article 7. The State Department of Health shall exercise the authority to regulate the / processing, handling and disposal of hazardous and extremely hazardous wastes in the operations of solid waste facilities. Sec. 4720.- AGRICULTURAL SOLID WASTE MANAGEMENT STANDARDS - The management of all agricultural solid wastes shall comply with the standards established in the California Administrative Code, Title 14, Division 7, Chapter 3, Article 8. Sec. 4721 - VIOLATIONS - A person shall be deemed guilty of a misdemeanor for each separate offense for each day during any portion of which any violation of this chapter is committed, constituted or permitted to occur or exist. 4-33 OC-1