HomeMy WebLinkAboutORD NO. 13-1339 (SOLID WASTE)2
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ORDINANCE NO. 13-1339
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER
8.12 OF THE HERMOSA BEACH MUNICIPAL CODE RELATED TO
SOLID WASTE COLLECTION AND DISPOSAL
The City Council of the City of Hermosa Beach, California, does hereby ordain as follows:
SECTION 1. The title of Chapter 8. t2 of the Hermosa Beach Municipal Code is amended
to read as follows:
8.12 SOLID WASTE COLLECTION AND DISPOSAL
SECTION 2. The following definitions in the alphabetical list of definitions in Section
8.12.010 of Chapter 8.12 of Title 8 of the Hermosa Beach Municipal Code are amended to read as
follows:
"Bulky goods or Bulky items" means oversized or overweight household articles placed
curbside by a residential householder or owner, which oversized or overweight household articles
have weights, volumes or dimensions which cannot be accommodated by solid waste containers
for residential premises, such as stoves, refrigerators, water heaters, washing machines, and other
small household appliances, furniture, sofas, mattresses, box springs, large rugs, and green waste.
Bulky Items do not include car bodies, tires, Construction and Demolition Debris or items
requiring more than two (2) persons to remove. Electronic waste may be collected as Bulky Items
if provided for in a collection Agreement.
"Disposal" or "Dispose" means the ultimate disposition of solid waste collected by
contractor at a landfill or otherwise in full regulatory compliance.
"Green waste" or "yard waste" means leaves, grass clippings, brush, branches and other
forms of organic materials generated from landscapes or gardens, separated from other solid
waste.
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous
Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code
§25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes
or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA),
pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all
future amendments thereto, and all rules and regulations promulgated there under.
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"Recyclables" or "Recyclable Materials" means solid waste that has some potential
economic value, and is set aside, handled, packaged, or offered for collection in a manner different
from other solid waste in order to allow it to be processed for recycling.
"Residential premises" means any residential dwelling unit within the city, including,
without limitation, multiple unit residential complexes, such as rental housing projects,
condominiums, apartment houses, mixed condominiums and rental housing, and mobilehome
parks, except any multiple or multi -family dwelling containing five or more dwelling units.
"Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and
liquid wastes, including construction or demolition waste, bulky items, recyclable materials, and
green waste, or any combination thereof which are permitted to be disposed of in a Class III
landfill, and which are included in the definition of "Non -hazardous Solid Waste" set forth in the
California Code of Regulations. Solid waste may also be referred to as garbage, rubbish and refuse
throughout this chapter and the terms may be used interchangeably. Solid Waste must be
generated by and at the physical location where the waste is collected.
SECTION 3. The following new definitions shall be added to the alphabetical list of
definitions in Section 8.12.010 of Chapter 8.12 of Title 8 of the Hermosa Beach Municipal Code
to read as follows:
"Administrative Authority" means the City Manager, or his/her designee.
"Collector Agreement" or "Franchise Agreement" is an agreement between a Collector
and the City to collect or dispose of Solid Waste in accordance with the provisions of this Chapter.
"Franchisee" or "franchised private collector" means a collector that has been authorized
to collect solid waste under this chapter and pursuant to the terms of a collector agreement.
"Electronic Waste" means electronic equipment, including stereos, televisions, computers
and monitors, VCRs, microwaves and other similar items commonly known as "brown goods"
and "e-waste".
SECTION 4. Section 8.12.140 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.140 Hours of collection.
A. No collection within the City shall be made between the hours of six (6:00) p.m. and
seven (7:00) a.m. the next day. Additionally, no collection shall be made from residential
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premises any time on Saturday or Sunday. Collection from commercial premises is permitted
seven days per week during the permitted hours of collection.
B. No delivery or removal of containers by a collector may be made between the hours of
six (6:00) p.m. and seven (7:00) a.m. the next day.
C. The City Manager may waive the requirements of this section when necessitated by
conditions beyond the control of the collector.
SECTION 5. Section 8.12.180 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.180 Worker's Compensation Insurance.
A collector shall at all times provide, at its own expense, workers' compensation insurance
coverage for all of its employees as required under State law and shall file and maintain a
certificate with the City Manager showing said insurance to be in full force and effect.
SECTION 6. Section 8.12.190 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.190 Collector's Liability Insurance.
A. A collector must obtain comprehensive general and automobile liability insurance
acceptable to the City Attorney insuring a collector against death, bodily injury, property damage
and automobile liability arising out of or in any way connected with the collector's activities. The
insurance shall be in an amount set forth in the franchise agreement or pen -nit, name the City of
Hermosa Beach and its officers, employees and agents as additional insureds, and state that it shall
not be canceled or modified without first giving to City written notice as provided in the franchise
agreement. Such insurance shall be primary and noncontributing with respect to any other
insurance available to the City and will include a cross -liability clause requiring the insurer to
protect each insured separately. A copy of the policy or certificate of insurance along with all
necessary endorsements, in a form approved by the City Attorney, shall be filed with the City
Manager before the hauler is authorized to collect or otherwise transport solid waste under the
franchise agreement or permit.
B. Suspension, cancellation, or termination of the insurance by the provider without
obtaining substitute insurance meeting the requirements of subsection A above shall be grounds
for immediate suspension of the franchise agreement or permit until new insurance is provided,
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and a collector shall be liable to the City for any and all damages suffered by the City arising out
Of such suspension, cancellation or tennination.
SECTION 7. Section 8.12.210 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.210 Office for inquiries and complaints.
A. A collector shall maintain an office at some fixed location and shall maintain a
telephone line at the office, listed in the current telephone directory and online at the collector's
website, in the firm name by which it conducts business in the City, and shall, during the days and
times provided for in the franchise agreement, have an employee or agent at said office to answer
inquiries and receive complaints. In addition, inquires and complaints may also be handled by
email if provided for in the franchise agreement.
B. The collector shall maintain at the office a written log of all complaints/inquiries
received. Such log shall contain the date and time the complaint was received, the name, address
and telephone number of the caller/complainant, a description of the complaint, the name of the
employee recording the complaint and the action taken by contractor to respond to and remedy the
complaint, or reason for not remedying the complaint, and any other information required under a
franchise agreement. All inquiries and complaints shall be promptly answered or responded to
and/or dealt with to the satisfaction of the City and as set forth in a franchise agreement. Such log
of complaints shall be provided to the City quarterly and shall, along with other records pertaining
to solid waste and recyclables collection and disposal be open to the inspection of the City at all
reasonable times and shall be maintained for a period of one year, or as set forth in the franchise
agreement. Compliance with the requirements of this section is a condition to any permit or
collector agreement which is awarded by the City.
SECTION 8. Subsections A, B and C.I of Section 8.12.220 of Chapter 8.12 of Title 8 of
the Hermosa Beach Municipal Code are amended to read as follows, a new subsection D is added
to read as follows, and existing subsections D and E are renumbered to E and F, respectively:
8.12. 220 Pre -collection practices.
A. Approved Refuse Containers. It shall be the duty of every owner or occupant of a
commercial industrial premises or residential premises to maintain, in sanitary condition, at least
one collector -provided refuse container; however, additional approved containers shall be
provided as deemed necessary to contain all refuse generated from said location between days of
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collection. Containers shall be provided at collector's expense. Notwithstanding, a collector
agreement may authorize owners or occupants to provide carts under designated circumstances.
B. Containers shall be marked, and meet the specifications, as set forth in the collector
agreement. Unmarked containers and containers from other haulers may be removed by the
collector in accordance with provisions set forth in the collector agreement.
C. Storage of Containers. All residential and commercial structures constructed after 1973
shall be required to provide an enclosure for the storage of solid waste containers. All residential
and commercial structures constructed prior to 1973 shall have two calendar years from the date
of adoption of this chapter (March 8, 1977) to provide solid waste container enclosures in
accordance with the provisions stated herein. Where such enclosures have been constructed, all
containers shall be placed therein.
1. Residential. Storage facilities for residential premises shall include an area
sufficient for three, thirty-five (35) gallon capacity refuse containers. Such storage facilities shall
be provided in any one of the following ways:
a. Attached to the outside of the structure on privately owned property,
enclosed on all sides by suitable screening of not less than four feet in height or similar type of
structure so that the same shall not be open to public view, one side of which may be opened as a
gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately
ventilated; or
b. Constructed within the building structure; or
c. A separate structure enclosed on all sides by suitable screening of not less
than four feet in height or similar type of structure so that the same shall not be open to public
view, one side of which may be opened as a gate. Such storage facilities shall have a concrete,
asphalt or similar base and shall be adequately ventilated; or
d. Within an accessory building such as a garage or storage shed, or within
a primary structure in a service porch -type area.
A collector agreement may set forth the circumstances where commercial containers may
be used in place of residential containers for certain residential premises that operate in a
commercial manner (for example group residential, assisted living facilities, residential hotels or
motels).
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D. Containers shall not be placed for collection any earlier than 5:00 p.m. the day prior to
the designated collection day.
SECTION 9. Subsection A of Section 8.12.230 of Chapter 8.12 of Title 8 of the Hermosa
Beach Municipal Code is amended to read as follows:
8.12.230 Post -collection practices.
A. Removal of Refuse Containers. Any person who places refuse container(s) for
collection in an alley or upon a curbside shall remove all containers from the area where the
collection was made by ten (10:00) a.m. of the morning following the regular day of collection.
Containers not timely removed as set forth above may be removed by the city or collector,
impounded and disposed of in a manner considered appropriate by the administrative authority.
SECTION 10. Section 8.12.240 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.240 Residential premises —Care of containers.
Upon collection, all solid waste containers shall be replaced, by the collector, upright,
where found, with the lids replaced, and all recycling containers shall be replaced in an upright
position, at the location where found by the collector.
SECTION 11. Section 8.12.260 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.260 CommerciaUindustrial frequency of collection.
The commercial/industrial collector shall collect solid waste from commercial/industrial
premises on a schedule which is agreed upon between the commercial/industrial business owner
and the collector, within the times approved by the City for commercial/industrial collection,
subject to City approval should a disagreement occur. In no event shall such collection schedule
permit the accumulation of solid waste in quantities detrimental to public health or safety.
SECTION 12. Section 8.12.270 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.270 Commercial/industrial containers.
A. Every commerciaUindustrial business served by a collector shall use the standard
commercial/industrial solid waste container or containers provided by the collector, which
containers are compatible with the collector's collection equipment.
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B. Every collector which provides any container or other equipment used for the storage
of commercial/industrial solid waste shall provide containers on casters or hasps or locks upon
request by the commercial/industrial business owner.
SECTION 13. Section 8.12.280 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
8.12.280 CommerciaUindustrial—maintenance and placement of containers.
Solid waste containers shall be maintained in a clean and sanitary condition by the
collector. Every commercial/industrial business owner shall provide a solid waste container
location on the commercial/industrial premises and shall keep the area in good repair, clean and
free of refuse outside of the container. Every collector shall remove any solid waste or litter that is
spilled or deposited on the ground as a result of the collectors emptying of the container or other
activities of the collector.
SECTION 14. Section 8.12.300 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows:
Except as otherwise provided in a collector agreement, if particular commercial/industrial
business premises require collections at times, frequencies or in a mariner such that the collector is
unable to perform the collection in the normal course of business, or where unusual quantities of
solid waste or special types of material are to be collected and disposed of, or where special
methods of handling are required, or where the quantity of solid waste requires the use of multiple
(more than three) containers, the collector and the commercial/ industrial business owner may
make arrangements for such collection on mutually agreeable terms. If the business owner and the
collector do not agree as to the methods for service provided for in this section, the City Manager
shall determine the method of service. If the collector is unable or unwilling to provide such
service, the City Manager may authorize the business owner to use another solid waste enterprise
for such special service until the collector can provide such service in its normal course of
business.
SECTION 15. Sub -sections A and B of Section 8.12.310 of Chapter 8.12 of Title 8 of the
Hermosa Beach Municipal Code are amended to read as follows:
A. Vehicle Identification. No person may operate any vehicle for the collection of solid
waste or recyclables other than a collector who has a valid business license and solid waste
collection collector agreement or permit and who has paid all required license, collector
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agreement, permit or other City charges. Each vehicle used by the collector shall have an
identification number printed or painted in legible numbers not less than three inches in height in
Plain sight from four directions.
B. Vehicle Standards. Any vehicle utilized for the collection, transportation or disposal of
solid waste and/or recyclables shall comply with the following standards:
L Each vehicle shall be constructed and used so that no solid waste, oil, grease or
other substance will blow, fall or leak out of the vehicle.
2. A broom and shovel shall be carried on each vehicle at all times.
3. Each vehicle shall comply with all applicable statutes, laws, or ordinances of
any public agency, and in compliance with any requirements in the collector agreement or permit.
4. Each vehicle must be under fifteen years of age unless specifically authorized in
writing by the City Manager.
5. Routine inspections by the California Highway Patrol shall be conducted
annually and certified according to state law by the California Highway Patrol or by an
independent contractor licensed by the California Highway Patrol, and certificates for the
inspection shall be filed within thirty days of inspection with the City Manager.
6. All vehicles shall at all times be kept clean and sanitary, in good repair and well
and uniformly painted to the satisfaction of the City Manager.
7. Each vehicle shall be equipped with watertight bodies fitted with close -fitting
metal covers.
8. The collector's name or firm name and telephone number shall be printed or
painted in legible letters not less than five inches in height on both sides of all of collector's
vehicles used in the city.
9. High intensity fog lamps shall be maintained on any vehicle eighty (80) inches
or wider, which shall consist of two red tail lamps in addition to the standard tail lamps. The fog
lamps shall be used when visibility is less than fifty (50) feet.
10. All equipment shall be maintained at all times in a manner to prevent
unnecessary noise during its operation.
11. As the collector replaces existing equipment, the type and make of the new
equipment shall be subject to prior approval by the City Manager. All equipment shall also be
subject to any requirements set forth in the collector agreement or permit.
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SECTION 16. Section 8.12.320 of Chapter 8.12 of Title 8 of the Hermosa Beach
Municipal Code is amended to read as follows
8.12.320 Prohibited activities.
A. It is unlawful for any person to interfere with the collection, conveyance or disposal of
solid waste by the City or its franchisee.
B. No person, except the City or a franchised private collector with authorized permit,
shall gather, collect or transport solid waste within the city and exact charges for such service.
C. It is unlawful to deposit solid waste within or upon another person's property without
the consent of the owner of said property.
D. It is unlawful for any property owner or occupant to allow solid waste and debris to be
scattered or accumulate upon public rights -of -way abutting his/her property.
E. It is unlawful for any person to cause to be placed for collection any solid waste which
does not conform to standards set forth in this chapter, or standards set forth in subsequent
resolutions.
city.
F. It is unlawful for any person to place for collection any solid waste from outside the
G. It is unlawful for any person to scavenge materials from residential premises or from
commercial/industrial premises.
H. It is unlawful for any person other than an officer of the City, or the owner, or the
employee of an authorized franchised private collector, to interfere in any manner with any
residential or commercial containers, including recycling containers or to remove any residential
or commercial containers including recycling containers from the location where the same was
placed by the owner thereof.
I. It is unlawful for any person to deposit, bury or bum solid waste in the city or to permit
such activity to occur.
J. It is unlawful for any person to cause or permit solid waste to accumulate at any place
or premises under his charge or control for a period in excess of one week.
K. It is unlawful for any property owner to allow any portion of his property to become a
breeding place for flies, wild rodents or other pests.
SECTION 17. Subsection A.1 of Section 8.12.360 of Chapter 8.12 of Title 8 of the
Hermosa Beach Municipal Code is amended to read as follows:
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I. If an owner of record fails to pay a service bill by the date set by the city council by
resolution establishing such procedures or by contrast with its authorized franchisee, the owner of
record will be sent a notification of such delinquency which shall include a penalty fine of ten
percent (10%), and the owner of record shall be assessed an additional ten percent (10%) penalty
fine for every succeeding thirty (30) days of delinquency. Said notification shall be sent by the
franchisee.
SECTION 18. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption, on April 12, 2011
SECTION 19. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 20. 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, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 12th of March, 2013, by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
and MAYOR of the City of Hermosa Beach, California
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13-1339
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 13-1339 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 121h day of March, 2013, and
said Ordinance will be published in the Easy Reader newspaper as required.
The vote was as follows
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: March 12, 2013
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 13-1339 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 121h day of March, 2013, and
said Ordinance will be published in the Easy Reader newspaper as required.
The vote was as follows
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: March 12, 2013