HomeMy WebLinkAboutAgenda Report - March 1, 2006 L-03AGENDA ITEM L705
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1773 Entitled, "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 Reenacting in its Entirety Section
17.57.180, `Refuse Container Storage and Collection Areas"'
MEETING DATE: March 1,2006
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1773.
BACKGROUND INFORMATION: Ordinance No. 1773 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Title 17 — Zoning —
Chapter 17.57, `General Regulationsand Exceptions,' by Repealing
and Reenacting in its Entirety Section 17.57.180, `Refuse Container
Storage and Collection Areas"' was introduced at the regular City
Council meeting of February 15, 2006.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance, Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
SJB/JMP
Attachments
council/councom/Ordinance4.doc
None.
None required.
td
Susan J. Bla ton
City Clerk
APPROVED:
Blair King,IG'y Manager
ORDINANCE NO. 1773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE TITLE 17—ZONING—
CHAPTER 17.57, "GENERAL REGULATIONSAND EXCEPTIONS,"
BY REPEALING AND REENACTING IN ITS ENTIRETY
SECTION 17.57.180, "REFUSE CONTAINER STORAGE AND
COLLECTIONAREAS
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
Reguiations and Exceptions," Section 17.57.180, "Refuse Container Storage and
Collection Areas," is hereby repealed and reenacted in its entirety and shall read as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 5 p.m. the day before
garbage collection to 8 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 propertyfor 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 Dutv 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 propertywithin 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 newspaperof 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. BLAaKSTON
City Clerk
State of California
County of San Joaquin, ss.
Approved this 10 day of March, 2006
SLIVNI HITCHCOCK
Mayor
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1773 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 March 1, 2006, by the following vote:
AYES: COUNCIL MEMBERS -Beckman, Johnson, Mounce, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS -None
ABSENT COUNCIL MEMBERS- Hansen
ABSTAIN: COUNCIL MEMBERS -None
further certify that Ordinance No. 1773 was approved and signed by the Mayor of the
date of its passage and the same has been published pursuantto law.
SUSAN J. BLAC
ON
City Clerk