HomeMy WebLinkAboutAgenda Report - June 5, 2013 I-02AGENDA ITEM 7160t
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: 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 Containers for Collection Purposes
MEETING DATE: June 5, 2013
PREPARED BY: D. Stephen Schwabauer, City Attorney
RECOMMENDED ACTION: 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 place-
ment of garbage containers for collection purposes.
BACKGROUND INFORMATION: This change to Title 13 is a clean up Ordinance required in
connection with the Garbage Container Placement Ordinance to 1)
require residential customers who utilize refuse.carts=to place the
containers in the gutter immediately adjacent to the curb for pick up; and 2) to include a reference to the
new Development Code Chapter 17.14 "General Property Development and Use Standards," specifically
Section 17.14.090 "Solid Waste Collection and Storage Areas" (attached) which deals directly with issues
related to garbage container placement.
FUNDING: Not applicable.
FISCAL IMPACT: N/A
auer, ney
Attachment
cc: Wally Sandelin, Public Works Director
APPROVED: ("=
Konradt Bartlam, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER
13.16 — SOLID WASTE — BY REPEALING AND
REENACTING SECTION 13.16.050(A) —
PLACEMENT OF CONTAINERS IN ITS ENTIRETY
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.16.050(A), "Placement of Containers," is
hereby repealed and reenacted in its entirety to read as follows:
A. Residential. Residential customers utilizing refuse carts shall place containers in the
gutter immediately adjacent to at the curb or other areas as approved by the public works
director. All containers must be placed in a location readily accessible to the contractor, free
of obstacles. The placement shall also not impede pedestrian (including wheelchair)
sidewalk access. Containers shall be maintained in accordance with Lodi Municipal Code
Title 17 - Zoning Ghap=eF 17.57, "GeneFal Regulat+eRsr- and —€XGept+ees," Seems
, " ."Development Code —Chapter
17.14 "General Property Development and Use Standards" Section 17.14.090 "Solid Waste
Collection and Storage 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. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of
any particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
Approved this day of , 2013
ALAN NAKANISHI
MAYOR
ATTEST:
RANDI JOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, 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 June 5, 2013, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2013, 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 on the date
of its passage and the same has been published pursuant to law.
Approved to Form:
D. STEPHEN SCHWABAUER
City Attorney
061
RANDI JOHL
City Clerk