HomeMy WebLinkAboutAgenda Report - February 15, 2006 K-05AGENDA ITEM Kft$
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 17 —Zoning, Chapter
17.57"General Regulations and Exceptions", by Repealing and Reenacting in its
Entirety §17.57.180 "Refuse Container Storage and Collection Areas."
Introduce Ordinance Amending Lodi Municipal Code Title 13 — Public Services,
Chapter 13.16 "Solid Waste", by Repealing and Reenacting Section 13.16.050 (A)
Relating to Placement of Garbage Containersfor Collection Purposes
MEETING DATE: February 15,2006
PREPARED BY: D. Stephen Schwabauer, City Attorney
RECOMMENDED ACTION: That the City Council introduce Ordinance Amending Lodi Municipal
Code Title 17 —Zoning, Chapter 17.57 "General Regulations and
Exceptions", by Repealing and Reenacting in its entirety §17.57.180
"Refuse Container Storage and Collection Areas"; and
That the City Council introduce Ordinance Amending Lodi Municipal
Code Title 13 — Public Services, Chapter 13.16 "Solid Waste", by
Repealing and Reenacting Section 13.16.050(A) Relating to
Placement of Garbage Containersfor Collection Purposes.
BACKGROUND INFORMATION: In light of problems that some constituents are having with
uncooperative neighbors regarding garbage containers that are left
out, the amended Chapter 17.57.180 require garbage containers to
be placed along the frontage of each customers' property and downgrade the violation to an infraction
penalty of the Lodi Municipal Code Title 1 -- General Provisions, Chapter 1.08 "General Penalty."
This change to Title 13 is a clean up Ordinance required in connection with the Garbage Container
Placement Ordinance to include a reference to Chapter 17.57 "General Regulations and Exceptions,"
specifically Section 17.57.180 "Refuse Container Storage and Collection Area," which deals directly with
issues related to garbage container placement.
FUNDING: Not applicable.
FISCAL IMPACT: N/A
`t
D. l a-bauer, d ttom y
Attachments
cc Richard Prima. Public Works Director
George Bradley, Street Superintendent
APPROVED:-- �
Blair Kin ity Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE TITLE 17 — ZONING,
CHAPTER 17.57 "GENERAL REGULATIONS AND EXCEPTIONS",
BY REPEALING AND RE-ENACTING IN ITS ENTIRETY§17.57.180
REFUSE CONTAINER STORAGE AND COLLECTION AREAS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Title 17 "Zoning" Chapter 17.57 "General
Regulations and Exceptions" §17.57.180 "Refuse Container Storage and Collection
Areas" is hereby repealed and re-enacted in its entirety, and shall read as follows:
The following regulations shall apply to the garbage, refuse and recycling
facilities on residential and commercial properties. Placement of such
facilities within the public right-of-way is governed by Chapter 12.04 and
Chapter 17.57.180 of this code.
A Roll -away and Portable Containers. All roll -away and other
portable containers must be kept out -of -view from the
public right-of-ways, excluding alleys, and may not be
stored within the front yard setback.
B. Dumpster Bins. All dumpster bin storage and refuse
collection areas shall be screened from public view by a
concrete block or masonry wall or in such a manner so that
it is not visible from abutting public right-of-ways, excluding
alleys. All storage and collection areas and enclosures
shall be maintained in a sanitary condition and walls, roof
coverings and doors to enclosures must be maintained in
good condition and must be in working order.
C. Exceptions. The following exceptions pertain to both
commercial and residential garbage, refuse and recycling
facilities:
1. Garbage, refuse and recycling storage containers
can be placed out for collection, from five p.m. the day
before garbage collection to eight p.m. the day of garbage
collection, in accordance with the requirements of the
garbage collector. Residential customers shall place their
containers within the frontage of their own property unless
otherwise approved by the Public Works Director.
2. Rented containers and dumpster bins can be
placed in public view on private property for the duration of
the special project, remodeling or construction project, or
special event for which they are being used, but must be
maintained in a sanitary condition and removed when filled
to prevent overflow and blight.
D. Violation. Any violation of this section shall be deemed an
infraction and shall be subject to all terms and conditions of Lodi
Municipal Code Title 1 "General Provisions" Chapter 1.08
"General Penalty."
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect 30 days from and after its passage and approval.
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of February, 2006
SUSAN HITCHCOCK
Mayor
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held
February 15, 2006, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held , 2006, by the following vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
I further certify that Ordinance No. was approved and signed by the Mayor of the
date of its passage and the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING
LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES, CHAPTER 13.16
"SOLID WASTE", BY REPEALING AND REENACTING SECTION 13.16.050 (A)
RELATING TO PLACEMENT OF GARBAGE CONTAINERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Title 13 "Public Services" Chapter 13.16 "Solid Waste" is hereby
amended by repealing and reenacting Section 13.16.050(A) — relating to placement of garbage
containers, and shall read as follows:
A. Residential. Residential customers utilizing refuse carts shall place
containers at the curb or other areas as approved by the Public Works
Director. ReGmdeRtnal Gwstemeffiw6iRei-seRta:ner seise shall ^'^^^ Gu^"
the tFaG+,,, f#eeefeb6taeles All containers must be placed in a
location readilv accessible to the contractor. free of obstacles.
Containers shall be maintained in accordance with Lodi Municipal Code
Title 17 "Zoning" Chapter 17.57 "General Regulations and Exceptions"
Section 17.57.180 "Refuse Container Storage and Collection Areas".
Failure to meet any of these conditions shall constitute cause for the
contractor's refusal to perform collection services. The contractor shall,
after collection, return containers/carts to the location from which they
were collected.
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed
or given effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City so as to
provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such
conflict may exist.
Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper
of general circulation printed and published in the City of Lodi and shall be in force and take effect 30
days from and after its passage and approval.
Approved this day of February, 2006.
Attest:
SUSAN J. BLACKSTON SUSAN HITCHCOCK
City Clerk Mayor
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was
introduced at a regular meeting of the City Council of the City of Lodi held February 15, 2006, and was
thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
, 2006, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor of the date of its
passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
2
SUSAN J. BLACKSTON
City Clerk