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HomeMy WebLinkAboutAGENDA REPORT 1996 0207 CC REG ITEM 10CITEM, C • AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council f2A ,,, , FROM: Jill Rubin Myers, Solid Waste Coordinator OV-1 DATE: January 31, 1996 (CC Meeting of February 7, 1996) SUBJECT: Consider , Amending Chapter 8.36 of the Moorpark Municipal Code and Conduct First Reading of Solid Waste Ordinance No. BACKGROUND At the December 20, 1995 City Council meeting, Council approved franchise agreements with G.I. Rubbish and Moorpark Rubbish Disposal for exclusive collection, transportation, processing, recycling, and disposal of residential and commercial (including roll -off service) solid waste. The new franchise agreements contain some definitions that are not currently included in Ordinance No. 123, Moorpark Municipal Code (MMC) Chapter 8.36 addressing solid waste. Such definitions include: Bulky items, Discards, Special waste, and Yard waste. Additionally, to provide for greater consistency, the definitions in the Municipal Code for recyclables and solid waste need to be revised due to the added definition of discards in the franchise agreements. Staff also took this opportunity to examine the remaining definitions and other sections of the MMC for congruity and consistency purposes. Other revisions include the addition of language that specifies the requirement for solid waste services by the owner of the property, to assist staff with the enforcement of mandatory solid waste collection services. Section 8.36.070 of the MMC requires residents to contract with a franchised hauler for solid waste collection services. Specifically, "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." Staff confirms the name of the property owners using the Assessor's parcel listings and sends letters to the residents and copies the letters to the property owners if it is determined (by account name) that the resident is a tenant. It has been staff's experience that some of the residents not responding to our compliance efforts are tenants and the property owner has not become involved. Additionally, some of the addresses have reappeared in our noncompliance listings with accounts in the names of different tenants. Staff examined the MMC to determine if we can hold the property owner accountable for contracting for solid waste collection services, rather than dealing with various tenants. The MMC does not currently refer specifically to the property owner for the responsibility of 1 ?;�da]a, ouo;�30 contracting for collection services. Section 8.36.020 (Definitions) of the MMC deems a residential /commercial "occupant" a residential /commercial customer. The definition of "occupant" reads, "the person who is in possession of a commercial or residential property." According to the City Attorney, possession does not imply ownership. The City Attorney suggested that we revise the definition of "commercial occupant" and "residential occupant" to indicate property ownership, and delete the definition of "occupant" as currently found in Section 8.36.020. Staff proposes the following (red - lined) language be included: "Commercial occupant' means any person, corporation, association, paTmership, business or miy individuaf, group or combination acting m a unit, commercial -m industrial or mobile home "Residential occupant" means single - family dwelling or a duplex, triplex, condominium or townhome or mobile home for which the conditions, covenants, and restrictions or other operating documents of the complex or nark recuire indi ,idea, ;;eri;nm n vim Witte- a w„ I..... iriLlt grant tt;t'pi :or erns rd;s:pr ©p. esident who has If approved by the city manager, occupants of a duplex or triplex on one parcel may share solid waste collection services, as long as the weekly set -out capacity does not exceed the single- family service limitations identified in the resolution setting residential collection fees, and if so approved shall be deemed one residential occupant..:".:,:., A residential occupant shall be deemed a residential customer. ' (means individual or legal corporation) 2 u' i AL The City Attorney provided additional comments to staff for clean up purposes which have been incorporated as highlighted and strike -out items in the attached draft ordinance. Attached, you will also find the proposed ordinance (incorporating the proposed amendments) repealing Ordinance No. 123, amending the Moorpark Municipal Code, Chapter 8.36. RECOMMENDATION Staff recommends that the City Council approve Solid Waste Ordinance No._ for first reading, repealing Ordinance No. 123, amending the Moorpark Municipal Code Chapter 8.36. 00252 DRAFT Chapter 8.36 SOLID WASTE Sections: 8.36.010 Purpose. 8.36.020 Definitions. 8.36.030 Solid waste accumulations. 8.36.040 Solid waste containers. 8.36.050 Placement of containers. 8.36.060 Interface with solid waste. 8.36.070 Contact and payment for solid waste collection and service. 8.36.080 Solid waste collection. 8.36.090 Franchises for solid waste collection. 8.36.100 Collection and transportation times and days. 8.36.110 Solid waste disposal. 8.36.010 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. 8.36.020 Definitions.::: '.For purposes of this chapter the following words and phrases shall mean as follows: "Bin" means a solid waste container satisfying the requirements of Section 8.36.040C. "City" means the city of Moorpark. "City manager" means the city manager of the city of Moorpark. "Commercial collector" means any person, corporation, association, partneis httainess €ar>:: »;r «tatral >::::» »: >:: >:<: p .....:� o :< , group or cornbinatimi 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 city fora commercial ctrstamerrs ytrttl >l ``' ....::. ..... .: . ...............::. .:::::::::..................... "Commercial r castomcr'�c+;cup; means any person, coi wation, association, 4 WI�OZ531 partneiship, ......... . . . a. of my individuai, group oi conjibuination ............. . -.91P...., commercial-or-*-. school-, or mobile home nark wi "Disposal site" means 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. "Drop box" means a solid waste container satisfying the requirements of Section 8.36.040E)7C.. "Drop box transporter" means any person, corporation, association, partnerMii P::..QT ........... ....... business. or any individuai, 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 trwisport and� dispose of sofid waste ftoin sources within ffie CftYW I t bra s for cnstomersuW:J,. :.fh ::. . ' ::%J.10 :.:. �Y- "Hazardous materials" means 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. PIL OM ty - "Receptacle" means a solid waste container satisfying the requirements of Section 8.36.0401}. -tcecyctaw!�s- ot -recyctabie matei "Rie"""..".*. W I.."bl.i.'.".*. ' means, butisnotimitedto, MTY ......... paper, s I ss, cardboard, plastic, ferrous metah,-aluminum, r .p V#W a jL=t was be;-or V.4 other n ...... ms:::: o er material that is to be segregated -M PA... ....... . ... . ......... ... ...... ....... coftection pursumit to the resofution of the city coU-I-ICIJiLIIVr.�. 1.1, 6d. 01,A)Z54. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting solid waste' tt�alt 1'` '' ' -e $ .:. ................ .: ', and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the marketplace. "Residential collector" means .... any Pe rson l f J. .. ....... i4r 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 esidential Customer........... �r . "Residential occupant" means anv nonconnneiciat `r' >r >r atr1 AMU aC : r �at:ahe ' w l - ::: >: . F .............. .... ...........................::.: �':. .:. .:::..... �lzg.; unit..; >;; d l ng at t a a amgle- family dwelling or a duplex, triplex, condominium or townhome or mobile home for which the conditions, covenants, and restrictions or other operating documents of the complex or l. .............................pY . be considered If approved by the city manager, occupants of a duplex or triplex on one parcel may share solid waste collection services, as long as the weekly set -out capacity does not exceed the single - family service limitations identified in the resolution setting residential collection fees, and if so approved shall be deemed one residential occupant.A residential occupant shall be deemed a residential customer. feces, to, wffinal , cardbowd f rags, refuse, ashes, fawn 6ppings, bee mid Mirabbery tfin , leaves, w i - I ef, household goods, wooden > mid aft worthless, usefess, unused, rejected ot cast-off s�id or seini-sofid matter and commercial and construction waste, stich as cemait and asphait, excluding hamdous inatmials as. defined in this section and d animafs: means sohrt ards..x yard waste iution which ':::rila�:iti::cm� .. .1 .1 •. , . .. . .1 .1 I LI . .. MI-q WA 6 OU025 8.36.030 Solid waste accumulations :4ge`d, shall accumulate, ......... . .:0 kee or deposit solid waste upon any a d '?''► >pl?;p4p�tywhether public or private, other than in bins, drop boxes or receptacles and in accordance with Sections 8.36.040 and 8.36.050. • • .1 • . .1 1 \ .1 / • . / • 1 1 ./ .1 • / .. / /'1 .1 1 • 1' • I • .t • .1 • .1 • • / .1 1 • .1 D. 'No LEVI VI OLII t,:;t.;Q::;lgl, shall m qty,_ that - - , Y:>::>:::;>::::>: i:>:<:>:>:>:>:>:>:~:«::<:<:>:: »::::<: >::;< >::: >:::: <: >;<: >::: ><;<;» solid waste � .,::< �,,.: ��. �;�Yffa,..:,.a,.�,��R.,.�.,.M:.. E. .:.:No commemiai or residentiai ... n ::::.:..:.: g l f shall dispose 1 <l p o ' d "` `'S n solid waste in Po...........Y: pfaced by the city LUA 1 / .. . ■ • .1 I PM NJ &NA / • \ / .1 • .1 . • / 1.•J Ir11\- /11 i1 /1lZU �•/•�111.1. • • .1 • . .1 1 \ .1 / • . / • 1 1 ./ .1 • / .. / /'1 .1 1 • 1' • I • .t • .1 • .1 • • / .1 1 • .1 D. 'No LEVI VI OLII t,:;t.;Q::;lgl, shall m qty,_ that - - , Y:>::>:::;>::::>: i:>:<:>:>:>:>:>:>:~:«::<:<:>:: »::::<: >::;< >::: >:::: <: >;<: >::: ><;<;» solid waste � .,::< �,,.: ��. �;�Yffa,..:,.a,.�,��R.,.�.,.M:.. E. .:.:No commemiai or residentiai ... n ::::.:..:.: g l f shall dispose 1 <l p o ' d "` `'S n solid waste in Po...........Y: pfaced by the city LUA 8.36.040 Solid waste containers. t 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 e1 tlitq)?r; >sirtal ::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. ii 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.'iReceptacles 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. eb.!'':.Bins shall possess a fire resistant lid, which shall be utilized at all times, the top of which shall not exceed sixty (60) inches in height from the surface of the ground. = €«'They shall have a capacity of at least one and one -half (11 /2) 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:'" "'": 01:144;01i ... .........:..:.................: c.alleeCr. ............ : :.....::. lam . ..'.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 ar r l tat; collector<or r6mlia drJOD F b© trans 6 er.. 3.Receptacles, drop boxes and bins shall be maintained in a clean, safe and sanitary condition. 8.36.050 Placement of containers. A. i Any receptacle, bin or drop box shall be placed for collection on any sidewaik, street, roadway or alley only as provided in this chapter. B- . :.i:i Any receptacle or bin shall be placed for collection a; d par , strecr roadway, or alley only on the day established for the collection of solid waste on the particular route or after five -thirty (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 alongca a streets v or madway l€ti y 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 this code.' F.<iNo receptacle or bin shall be stored in any required side yard that abuts any public street or in any required front yard. ::::Every receptacle or bin shall be stored in a manner such that it is screened from public view and not visible from the sheet - sidewalk ; >ktr�t rDid or alley. ..................:...:..:.... 8 8.36.060 Interference with solid waste. No person other than a residential or commercial collector, drop box transporter or customer shall interface in any manner with any receptacle, bin or drop box or the contents thereof, remove an receptacle, bin or drop box from the location where it was placed byYi rden : ::: anat:;:: k?....:: ::..! .:::.......::..:..�leetori rrpp.lrx.spsrr car :cu ��€rrr .:.or remove the contents of any receptacle, bin or drop box. 8.36.070 Contract and payment for solid waste collection service. A. The city shall provide for the weekly collection, transportation and disposal of solid waste generated on private property in the city. Every commercial occupant and residential occupant shall contract for solid waste collection service.r'With city manager approval, the obligation to contract for solid waste collection service may be waived due to extraordinary financial costs as a result of physical access limitations. ;';;;Every commercial occupant and residential occupant who is required to contract for solid waste collection service shall pay a collection fee, established by resolution of the city council, for the maximum amount of solid waste to be collected at any one time from the subject property without the imposition of additional service charges. Every commercial occupant and residential occupant who is not required to contract for solid waste collection service shall be required to pay a solid waste management fee, as established by the resolution of the city council. The xd<;s tnen<;s11� €tvlbt €Q'r ............ ............................... tai: t g oiL ftanchisee, then the 6vii debt shaii be owed to the licensee OIL ftW1chJLaLA,"­b !�-.4t is Unlawful solid waste �cQntract then the cil::t'sh1 lid cwd to the tYensee, frahtse„ ...... t actor. It shall be unlawful for any commercial occupant or residential occupant to fail . ............................... to pay the collection fee or Solid Waste Management fee within the time period specified on the billing statement, which time period shall not be less than thirty (30) days from the date the notice is mailed. . The failure of any occupant to promptly remit the collection fee or solid waste management fee when due and payable shall entitle the city or, in the case of a license, franchise, or "t -.6t, the licensee, franchisee, or r.� lra ttir to collect a late fee from that occupant. The maximum amount of the late fee shall be established by resolution of the city council. The maximum amount of solid waste to be collected at any one time from the property of commercial and residential occupants without the imposition of any additional service charges shall be determined by resolution of the city council. The occupant shall be charged an additional service charge for all solid waste in excess of the above limits on any given collection day. C.' `.Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the city council, any debt and all penalties shall be collected and annually transferred to the County Auditor for inclusion on the next year's tax bill of the respective 9 ()U (J;�458 property owner. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and if legal action is brought by the city or its designee to enforce the collection of any amount charged and due under this section, any judgement rendered in favor of the city shall include costs of suit incurred by the city or its designee including a reasonable attorney's fee if allowable by statute. 8.36.08 y0�} Solid waste p o pr collection. ; business, .. other than as an employee, shall collect, enter into an agreement to collect, or provide for the collection i >..t.... ..... p' " ! regularly scheduled collection day, the collections scheduted ...... . ........ . ....... ............... . ........ ........ 66 i'x.." that day, and for the remainder of the week, may be picked up one day later than I ...... On scheduled.:,:'. The collector or ec transporter shall provide the city with at least ten (10) op. bo..... W. prior w ritten notice of the collection schedule for each applicable holiday s ...................... and the collector shall place advertisements in one (1) daily newspaper , h $gMt%Ag t e 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.;.I,..: 8.36.110 Solid waste disposal. A ... e city shall approve where solid waste generated in the city is transported for disposal.:::: collector ordir r s p n an porter shall dispose of solid waste at a disposal site owned or controlled by the collector or its parent or holding company unless expressly granted by the city. B. No person, including a collector or X t - ransporter, shall bum any solid waste within the city at any time, except as otherwise permitted by law. C.No person, including a collector or grd. x o transporter, sporter, 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 cominerciai customer o ' r once each week, whichever is more frequent. :':N F. :::o residential collector collecting or transporting solid waste within the city shall create noise levels in excess of sixty-five (65) decibels..­'. ..,No commercial collector or drop box transporter collecting or transporting solid waste within the city shall create noise levels in excess of seventy (70) decibels. G':::::'No collector or oVIransporter shall fail to maintain bins and drop boxes other than in good repair. 11 (; C, 10 2 C U