HomeMy WebLinkAboutAgenda Report - September 28, 1988 (73)ri
C0 NCIL C,OMMUNICAT,_,.ON
TO. THE CITY COUNCIL COUNCIL NIEETING CATE:
FROM: THE CITY MANAGER'S OFFICE�',:� SEPTEMUER 28, 1988
SUBJECT: ADOPTION OF ORDINANCE N0. 1434 - AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE CHAPTER 13.16 - SOLID WASTE - AND REENACTING A NEW
ORDINANCE RELATING TO THE DISPOSAL AND HANDLING OF SOLID WASTE
Ordinance No. 1434 - "An Ordinance of the Lodi City Council Repealing Lodi Municipal Code
Charter 13.15 - Solid 'IvaSLc - and Reenacting a New Ordinance Relating to the Disposal and
Handling of Solid Waste" was introduced at the regular meeting of September 7, 1988.
Pursuant to State Statute, ordinances may be adopted five days after their introduction
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
RECVMENDED ACTION: Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1434.
Alice M. Reimche
City Clerk
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ORDINANCE NO. 1434
ORDINANCE OF THE LODI CITY COUNCIL REPEALING LODI MUNICIPAL CODE
AN ORD
CHAPTER 13.16 - SOLID WASTE - AND REENACTING A NEW ORDINANCE
RELATING TO THE DISPOSAL AND HANDLING 0 i SOLID WASTE.
13.16.010
Definitions.
13.16.020
Required Services: Exceptions.
13.16.030
Contract for Refuse Collection and Transportation.
13.16.040
All Requests for Service to be Met.
13.16.050
Placement of Containers.
13.16.060
Refuse Collection and Transportation Restricted.
13.16.070
Limitation on Transfer of Contract.
13.16.080
Container Maintenance.
13.16.090
Receptacles - Container Maintenance.
13-16.100
Hazardous Materials.
13.16.110
Billing and Collection of Fees.
Monthly Rates .... :. .... ; ... w .
13.16.130
Burning or Burial.
13.16.140
Unlawful Deposit.
13.16.150
Removai of Recyclable Material Prohibited.
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ORDINANCE NO. 1434
AN ORDINANCE OF THE LODI CITY COUNCIL REPEALING LODI MUNICIPAL CODE
CHAPTER 13.16 - SOLID WASTE - AND REENACTING A NEW ORDINANCE
RELATING TO THE DISPOSAL AND HANDLING OF SOLID WASTE.
BE IT ORDAINED BY THE LODI CITY COUNCIL:
SECTION 1. Lodi Municipal Code Chapter 13.16 - Solid Waste - is
hereby repealed and a new ordinance relating to solid waste is hereby
reenacted, as follows :
Section 13.16.010 Definitions.
For purposes of this chapter, unless otherwise apparent from the
context, the following definitions appl;, :
A. "Collection". The act of collecting refuse at the place of waste
generation by an approved collection agent (public or private) and is
distinguished from "removal".
B. "Collection Vehicle or Equipment". Includes any vehicle or
equipment used in the collection of residential refuse or commercial or
industrial solid wastes.
C. "Commercial Customers" . All commercial (non -manufacturing)
enterprises within the City limits except industrial customers. The
distinction between "commercial" and "industrial" customers shall be
establ fished by reference to,:the Federal Office of Management and Budget
publ ication "Standard Industrial Classifications", 1972 Edition, on
file with the City of Lodi and adopted by reference as if set forth
fully herein.
D. "Contract". The written Agreement covering the performance of the
work including, but not limited to, the Formal Agreement, and Special
Provisions, Affidavits or Certificates of Equal Opportunity Employment,
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Certificate of Worker's Compensation Insurance, the Prcposal , Contract
Specifications and Performance Bond.
E. "Contractor". The individual, partnership, corporation, joint
venture, or other legal entity entering into a contract with the City
to perform the work. When modified by the phrase "as constituted", it
shall mean the partnership, corporation, or other legal entity as
organized and existing, with the same majority shareholders, as
determined at the time of the execution of a contract between
Contractor and City.
F. "Disposal Site". Includes the place, 'location, tract of land, area
or premises in use, intended to be used, or which has been used for the
iandfill disposal of solid wastes.
G. "Industrial Customer". All manufacturing (not commercial)
enterprises within the City limits except commercial customers. The
distinction between ",:ommercial" and "industrial" customers shall be
established by reference to the Federal Office of Management and Budget
publication "Standard Industrial Classifications", 1972 Edition, on
file with the City of Lodi and adopted by reference as if set forth
fully herein.
H. "Recycling". The process by which salvaged materials become usable
products .
I. "Refuse". Any and all discarded items and substances of every
kind, including infectious wastes and salvageable or recyclable
materials, and garden wastes, but not including sewage, septic tank
contents, sand trap contents, grease trap contents, or hazardous wastes
as defined by state and/or federal law.
J. "Removal". The act of taking solid wastes from the place of waste
generation either by an approved colleciion agent or by a person in
control of the premises.
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K. "Residential Customer". All residences within the City limits,
including single-family and mul ti -family dwellings.
L. "Subcontractor". The individual, partnership, or corporation or
other legal entity entering into a contract :..Jth the Contractor to
perform a portion of the work.
M. "Transfer Station/Resource Recovery
Facility". includes
those
facilities utilized
to receive solid
wastes, temporarily
store,
separate, convert, or
otherwise process
the materials in the
solid
wastes, or to transfer
the solid wastes directly from smaller to
larger
vehicles for transport
to their final place
of disposition.
13.16.020. Required Services: Exceptions.
A. Every person owning or occupying residential or commercial
premises within the City limits shall utilize the refuse
collection and transportation services of Contractor for which
the City has contracted, and shall pay the fees for those
services as set by the City. Each owner or occupier of
residential or commercial property shall directly arrange with
the City for the provision of services. City may cause to be
removed, at the expense of the owner or occupier of any premises,
any refuse not collected due to the failure or refusal of the
owner or occupier of the premises to arrange or pay for the
Contractor's services .
B. Exceptions.
Notwithstanding any other provision of this chapter, any person
or firm may apply to the City for a permit for which a fee may be
charged to transport and dispose of refuse accumulated or
generated on the premises, utilizing his or its oven vehicles and
equipment. Any such permit shall require that all vehicles used
to transport refuse shall be constructed, maintained, and
operated so that liquids or refuse will not blow, fall, sift or
leak, and shall be maintained to prevent unnecessary noise. The
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pennittee shall pick up any refuse dropped or deposited in the
process of transporting it to the disposal site. Nothing in this
paragraph shall be construed to mean any customer may undertake
refuse collection, transportation or disposal services for any
other person or firm under any circumstances.
13.16.030. Contract fArRefuse Collection and Transportation.
City has the exclusive right and duty to collect and transport
refuse within the City limits under such terms and conditions as it
deems necessary for the public health, safety and well being, and it
may contract, with a contractor for the provision of those services.
13.16.040. All Requests for Service to be Met.
Contractor shall provide refuse collection and transportation
services to all residential and commercial customers within the area
specified in its contract. Contractor shall not be required to service
oversized, overweight, or unsafe containers, or to remove hazardous
waste, or to remove waste where it i s unsafe to do so.
13.16.050. Placement of Containers.
A. Residential:
Residential customers utilizing waste carts shall place
containers on their premises not more than ten (10) feet from the
edge of the adjacent vehicular right of way. Residential
customers using other containers shall place such containers on
their premises at curbside or in a location readily accessible
to Contractor, free of obstacles. Any gate to the container
storage area must be maintained by the property owner in good
working condition, and shall be left unlocked on the regularly
scheduled collection day. Any animals shall be restrained.
Ashes must be cold and bagged, and animal droppings must be
bagged in a non permeable material. Failure to meet any of
these conditions shall constitute cause' for Contractor's refusal
to perform collection services. Contractor shall, after
collection, return containers to the location from which they
were collected.
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B . Commercial:
Commercial customers shall place refuse in a location on their
premises that is readily accessible to Contractor's collection
vehicles, and that has received Contractor's prior approval as
conforming to its specifications and reauiremer is for refuse
container facilities. Contractor shall make .such specifications
and requirements available upon request by a customer. Failure
to place containers in an approved location shall constitute
cause for Contractor's refusal to perform refuse set -vices.
13.16.060. Refuse Collection and Transportation Restricted.
Except as provided in this chapter, at any time when there is a
contract in force between City and any Contractor, it shall be unlawful
for any person other than the Contractor to collect or transport refuse
within the City limits.
13.16.070. Limitation on Transfer of Contract.
No contract entered into pursuant to the provisions of this
ordinance shall be assigned without the prior consent of the City.
13.16.080. Container Maintenance.
I t shall be the responsibility of residential customers to
maintain refuse containers in a safe and sanitary condition and in good
repair, free from sharp or rough edges, jagged surfaces, or other
hazards likely to cause injury. In the event the Contractor provides
such containers, residential customers shall be responsible for
maintaining such containers in a clean and sanitary condition, and
Contractor shall be responsible for keeping them in good repair. It
shall be the responsibility of commercial customers to maintain refuse
containers in a clean and sanitary condition, and Contractor shall be
responsible for keeping them in good repair. All refuse containers
shall be tightly covered.
13.16.090 Receptacles - Container Maintenance.
A. It shall be the duty of each residential customer to
provide at all times to keep within such dwelling place,
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apartment or flat, or on the lot on which the dwelling place is
situated, and easily accessible for refuse collections, either of
the following:
1. A thirty-two (32) gallon refuse container for each
unit; or
2. A one -yard common refuse container for each five
units or multiples of five units, or the equivalent
thereof .
6. Such container shall be of such construction as to comply
with the health laws of the city and state and shall not exceed
fifty (50) pounds when full. Nothing herein shall prohibit or
prevent the contractor from furnishing suitable containers (at no
cost to the party or parties to whom service is provided).
C. At the customer's request, where suitable storage area and
access are available, Contractor may provide one or more
mechanically loaded metal or plastic refuse containers suitable
for the quantity of refuse generated by the customer during the
customer's scheduled collection interval.
13.16.100. Hazardous Materials.
No person shall deposit in any container used for refuse any
explosive or highly flammable, radioactive, toxic, or other hazardous
material or substance as defined by State and/or Federal law. However,
special arrangements may be made with the Contractor for removal of
such hazardous material if Contractor provides such service.
Contractor is under no obligation to remove hazardous waste.
13.16.1r0. Billing and Collecticn of Fees.
The Director of Finance is designated as the collector of all
refuse fees or charges. Each month, he/she shall bill every person
producing refuse removed by the city or its contractor and adding the
amount of such refuse collection fee or charge to such person's water
or electric bill, or, if such person has not incurred bills for water
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or electricity, by billing their for refuse collection alone. If the
bill is not timely paid as required within this chapter, the water
service and/or the electric service and/or the refuse service to such
delinquent customer- may be discontinued. Penalties and rules
pertaining to payment of water and electric bills and to discontinuance
ural renewal of water and electric service shall apply to refuse
service. It shall be contractor's responsibility to notify City of
billing for services to and collecting fees from customers for whom it
performs services on other than a regularly scheduled service.
13.16.120 Monthly Rates.
The City shall establish by uncodified ordinance of the City
Council, pursuant to Health and Safety Code § 5471, a schedule of rates
to be charged for the collection and transportation of refuse within
the City limits. Upon adoption, such schedule shall be published once
in the Lodi Nays Sentinel or a newspaper of general circulation within
the City of Lodi. Such schedule shall set the rates for commercial and
residential refuse collection, and refuse permits.
13.16.130. Burning or Burial.
It shall be unlawful for any person to burn or bury within the
city any refuse, or to place or deposit upon any street, alley, place
or vacant lot, any of the materials included in the definition of the
word "refuse" in Section 13.16.010.
13.16.140. Unlawful Deposit.
A. It shall be unlawful
for any
person to
throw into or deposit upon
any public street,
highway,
grounds, or
in any gutter, ditch or
upon any private premises,
or anywhere
except in such places as
may be designated
for such
purposes
by the City, any glass,
broken ware, dirt,
rubbish, refuse
or filth, nor shall any
rubbish, refuse or
fifth be
allowed to remain upon any private
premises .
6. Any refuse, dirt, rubbish, soot, ashes, cinders or filth of every
kind in any house, cellar, yard or any other place which the City
or other- legally authorized health officer, for the health of the
city, deems necessary to be removed, shall be carried away
therefrom by and at the expense of the owner or occupant of such
house or any place, where the same may be found and removed
beyond the corporate limits or to such place as may be designated
by the City or other legally authorized health officer.
13.16.150. Removal of Recyclable Material Prohibited.
It shall be unlawful and an infraction for any person, other than
the City's designated Contractor, to remove or collect recyclable or
salvageable materials placed by any person in a bag or container
labeled for use in connection with a recycling program operated by the
Contractor.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. 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
thirty days from and after its passage and approval.
Approved /his 28th day of Septembfr,, 1988
or
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Attest:
& k A . 6�
ALICE M, REI'MCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1434 was introduce3 at a regular meeting of the City
Council of the City of Lodi held September 7, 1988 and was thereafter
passed, adcpted and ordered to print at an adjourned regular meeting of
said Council held September 28, 1988 by the following vote:
Ayes: Council Members - Hincrman, Reid, Snider and
P i nkerton (Mayor)
Noes : Counci? Members - None
Absent: Council Members - Olson
Abstain: Council Members - None
I further certify that Ordinance No. 1434 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. R IMCHE
City Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney
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