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HomeMy WebLinkAboutCC Ord 1414 1997-03-10 ORDINANCE NO.U AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 10 OF THE SEAL BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Articles I and III of Chapter 10 of the Code of the City of Seal Beach are hereby redesignated Articles I and II, and revised to read as follows: 1 "Article I SOLID WASTE HANDLING AND RECYCLING SERVICES 10-1. Title This Article shall be known and may be cited as the "Solid Waste Handling and Recycling Services Ordinance" of the City of Seal Beach. 10-1. 1. Findinas and Intent A. The City Council finds and determines as follows: 1. In order to meet the requirements of the Cali~ornia Integrated Waste Management Act of 1989 [Public Resources Code Section 40000, et sea.], including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solin waste from commercial/industrial and residential premises, and to encourage recycling of solid waste materials. 1 . 2. The mandates of the Environmental Protection Agency, the Southern California Air Quality Management District, and other regulatory agencies, concerning air pollution and traffic congestion management, require the regulation and, where possible, reduction in the number, of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution. 3 . vehicles using the and congestion and A reduction in the number of waste collection City streets daily will reduce traffic hazards promote safety. 4. The storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare. 5. Regulation of the collection of garbage, refuse and other discarded materials from all residential, com- mercial and industrial properties within the City will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare. I I I I Ordinance Number /~/~ 6. The regulation of solid waste handling services in the city will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the pUblic streets, by establishing responsibility for the cleaning of refuse bins and containers, and by providing for accountability to the pUblic. 7. The public health, safety and welfare will best be served by providing for one or more exclusive contracts for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the limited rights of state facilities to use a collector other than the collector with an exclusive contract. B. pursuant to, and in order section: This Article is enacted by the City council inter glig, the following statutory authorization to accomplish the objectives set forth in this 1. Public Resources Code Section 40059 authorizes the City to determine (i) all aspects of solid waste handling which are of loual concern, including, but not limited to, frequency of collection, means of collection and transporta- tion, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding. 2. Public Resources Code Section 49300 provides that the City may, pursuant to terms and conditions as may be prescribed by its legislative bo~y, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, .trimmings, or other refuse matter. 3. Public Resources Code Section 49501 provides that the City may take action, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises is authorized or permitted TO have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City. 4. It is the intent of this Article to set forth terms and conditions pursuant to which authorization may be granted by the city Council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material. PART 1 Definitions 10-2.1. Definitions. A. For the purposes of this Article, the words, terms and phrases as defined in this section shall be construed as Ordinance Number /+'/~ hereinafter set forth, unless it is apparent from the context that a different meaning is intended: 1. Authorized Collector. "Authorized Collector" shall mean a solid waste enterprise operating under the provisions of an exclusive contract awarded by the city council. 2. Bulkv Goods. "Bulky Goods" shall mean 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 I cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, and large rugs. 3. Citv Manaqer. "City Manager" shall mean the City Manager of the City of Seal Beach or the City Manager's designee. 4. Collection. "Collection" shall mean the operation of gathering together within the City, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables. 5. Collector. "Collector" shall mean any person (a) who has been awarded an exclusive contract to provide residential or commercial/industrial solid waste or recyclables collection services in the city, or (b) who has been issued a permit or nonexclusive contract to provide solid waste handling services to state facilities. 6. Commercial/Industrial Business Owner. "Commercial/industrial business owner" shall mean any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, I whether or not it is the holder of the title or the owner of record of the commercial/industrial premises. 7. Commercial/Industrial Collector. "Commercial/industrial collector" shall mean a Collector which collects solid waste and recyclables from commercial/industrial premises. 8. Commercial/Industrial Premises. "Commer- cial/industrial premises" shall mean all occupied real property in the City, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in subsection 27 hereof, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple dwelling that is not a residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the City. 9. Construction Site or Demolition Site. "Construction site or Demolition site" shall mean any real I property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be I I I Ordinance Number J'~/~ removed from the property, and requires the use of commercial refuse containers. 10. Construction or Demolition Waste. "Construction or Demolition waste" shall mean any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in c~nstruction or resulting from demolition, excluding liquid waste and hazardous waste. 11. Disposal. "Disposal" shall mean the complete operation of treating and disposing of solid waste after the collection thereof. 12. Exclusive Solid Waste Handlinq Services. "Exclusive solid waste handling services" shall mean any action by the City Council, whether by franchise, contract, license, permit, or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City. 13. Green Waste. or Yard Waste. "Green Waste" or "Yard Waste" shall mean leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste. "compostable Materials" does not include stumps or branches exceeding four (4) inches in diameter or four (4) feet in length. 14. Hazardous waste. "Hazardous waste" shall mean and include waste defined as hazardous by Public Resources Code section 40101 as it now exists or may subsequently be amended, nam~ly, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to, an increase in mortal- ity or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time. to time be designated as hazardous by the Environmental Protection Agency ("EPA") or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. 15. Holidav. "Holiday" shall mean: New Year's Day Memorial Oay Independence Day Labor Day Thanksgiving Day Christmas Day "Holiday" shall also mean any other day designated as such in a contract between a Collector and the labor union serving as the exclusive representative of that Collector's employees, provided the holiday is established or recognized by resolution of the City Council. Ordinance Number JJ/./J/ 16. In the citv or within the citv. "In the City" or "Within the City" shall mean within the limits of the City as such limits exist on the effective date of this Article or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the City. 17. Manure. "Manure" shall mean the waste droppings from any animal. 18. Person. "Person" shall mean any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit. 19. processina. "Processing" shall mean the reduction, separation, recovery and conversion of solid waste. I 20. . Public Aaencv. "Public agency" shall mean any governmental agency or department thereof, whether federal, state, or local. 21. Recvclables. "Recyclables" shall mean the following materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon: glass bottles and jars - any food or beverage container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one (1) gallon size; PET - plastic soda bottles or other bottles with the designated "PET" symbol; HDPE -- plastic milk and water bottles with the designated "HDPE" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard - separated and not having waxed surfaces; computer print out (excluding carbon); and white ledger - white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the City Council may designate from time to time. 22. Recvclina. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code section 40201. 1 23. Recvclino container. "Recycling container" shall mean a container which is provided to residential premises for use in COllecting and moving recyclables to curbside for col- lection by the Collector, or a container which is provided to commercial/industrial premises for use by the Collector in collecting and moving recyclables. 24. Residential Collector. "Residential Collector" shall mean a Collector which collects solid waste and recyclables from residential premises. 25. Residential Householder. "Residential householder" shall mean any person or persons holding or occupying residential premises in the City, whether or not the owner of the residential premises. 26. Residential Owner. "Residential owner" shall mean the owner of any residential premises within the City. I I 1 I Ordinance Number /J/./J/ 27. Residential Premises. "Residential premises" shall mean 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 dwelling which, with the prior written approval of the City Manager or designee, receives commercial bin service. 28. Resource Recovery. "Resource recovery" shall mean any use of solid waste collected pursuant to this Article, except for landfill disposal or transfer for landfill disposal. "Resource recovery" shall include, but is not limited to, transformation, composting, and multi-material recycling. 29. Solid Waste. "Solid waste" shall mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or 'animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code section 49503, excluding liquid wastes and abandoned vehicles; provided, however, that "solid waste" shall not include hazardous waste. 30. Solid Waste Container. "Solid waste container" shall mean any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection. 31. Solid Waste Enterprise. "Solid waste enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services. 32. Solid Waste Handlino Services. "Solid waste handling services" shall mean the collection, transportation, storage, transfer, or processing of solid wastes for residential or commercial/industrial users or customers. 33. Standard Commercial/Industrial Solid Waste Container. "Standard commercial/industrial solid waste container" shall mean a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a 2, 3, 4, 6 or 8 cubic yard capacity, designed for mechan- ical pick-up by collection vehicles and equipped wi.th a lid, or where appropriate for the commercial/industrial premises being served, a 15, 25, 30, 40 or 50 cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the City Manager. 34. Standard Residential Solid Waste Container. "Standard residential solid waste container" shall mean a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 90 gallons, and of a design, color and durability as approved by the City Manager. B. Nothing contained in this section shall be deemed to preclude the City and any solid waste enterprise from incorporating into any agreement for exclusive solid waste Ordinance Number /4f/~ handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein. PART 2 Collector Aqreement 10-3. l. Requirement Authorization bv Citv Council: Contract The city ~ouncil may authorize, by contract, a solid waste enterprise to provide solid waste handling services I for residential, commercial/industrial users or customers. In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City. No person shall collect or dispose of solid waste or recyclables in the City unless that person has entered into a contract (the "Collector Agreement") with the City, except as otherwise specifically provided in this Article. Any such contract shall be in addition to any business license or permit otherwise required by this Code. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the city. Collectors operating in the City on the effective date of this Article under a permit or a nonexclusive Collector Agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. 10-3.2. Contents. The terms and provisions of any Collector Agreement for solid waste handling services may relate to or include, without limitation, the following subject matters: 1 1. The nature, scope and duration of the Agreement. 2. The collection schedule, including the frequency, days and hours of collection. 3. The applicable franchise fee, including the amount, method of computation, and time for payment. 4. The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same. 5. Collection vehicles, including the permissible size and color, and any required identification, safety equipment" maintenance, inspection, and operational requirements. 6. The receipt, processing and reporting of customer inquiries and complaints. 7. The collection of solid waste from publicly- I owned property and facilities. Ordinace Number I W~ 8. Performance standards for the Collector's personnel and equipment. 9. Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the Collector to provide, and permissible charges therefor. 10. Standards and procedures for periodic performance reviews by the City. I 11. Noise attenuation policies and procedures. 12. The maintenance by the Collector of an office for the conduct of business. 13. Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclables, and resource recovery. 14. Requirements relating to comprehensive liability insurance and workers' compensation insurance. 15. Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services. 16. Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination. 17~ Requirements relating to performance bonds and to indemnifi~ation. 1 18. Requirements relating to affirmative action programs. 19. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records. 20. Requirements relating to the assignment, transfer and renewal of the Agreement. 21. Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of state-mandated programs, including, without limitation, the City'S "Source Reduction and Recycling Element" and the City'S "Household Hazardous. Waste Element." I 22. Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Collector Agreement and which will, in the judgment and discretion of the City Council, best serve the pUblic interest and protect the pUblic health, safety and welfare. MbD 10-3.i. Collector Franchise Fee. Each Collector ~shall pay a franchise fee in an amount determined by resolution of the City Councilor established in the Collector Agreement authorizing the collection of solid waste or recyclables. Ordinance Number /~/~ ~~., . 10-3.N. Resolution of Conflicts. In the event of any 1 conflict betweeh the provisions of a Collector Agreement which is authorized and approved by the City Council and the provisions of th~s Article, the provisions of the Collector Agreement shall control. ~l~' 10-3.': Permits and Licenses. Every Collector shall ~'obtain and maintain at all times during the Collector's opera- tions a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. ql~ 10-3.t. Transfer of Collector Aoreement. No permit lYbr Collector Agreement which is authorized by, subject to, or issued under the provisions of this Article shall be .transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control in the Collector, and the transfer of a majority of stock in Collector to another person. ~~. 10-3.p. Revocation of Permit or Collector Aoreement. ~After a hearing as provided in this Article, the city Manager may revoke or suspend any collection permit or Collector Agreement for violation of a provision of this Article or any other applicable law, ordinance, or regulation of any public agency. ~,~ 10-3.'. Interim Suspension. The City Manager, ~ithout a hearing, may suspend a Collector Agreement or a permit for not more than 60 days, if the City Manager finds that continued operation by the Collector will constitute a threat to the public health, safety, or general welfare. (\aLP 10-3.~. Notice of Hearino: Revocation. The City ~rnager shall mail notice of a hearing to revoke a collection permit or Collector Agreement to the Collector not less than 15 days prior to such hearing. In the event of the revocation of a Collector Agreement or a permit, the City Manager shall notify ~he Collector in writing of the reasons therefor. Notification may be made in person or by mail. C\~ 10-3.l#. Appeals. Within fifteen (15) calendar days ~after notice by the City Manager of revocation of a collection permit or Collector Agreement has been sent to the Collector, the Collector may file with the City Clerk an appeal of such decision to the City Council. ~>>P 10-3.1'. Council Action. The City Council may either ~~firm the action of the City Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards deline- ated in Section 10-3.8. Notice of such hearing shall be sent to the Collector not less than 15 days prior to the hearing. PART 3 Rates I 1 10-4.1. Rates. The City Council may, by resolution or an approved Collector Agreement, place a limit on the rates Collector's may charge to residential householders or owners and 1 to commercial/ industrial business owners for the collection of solid waste and recyclables. 1 1 I Ordinance Number /~/~ No Collector shall charge any rate or fee which is greater than the maximum rate permitted by the City Council, unless otherwise authorized in this Article. Every commercial/industrial business owner and residential householder or owner shall pay the rates for collection services rendered pursuant to this.Article in the manner set forth in Section 10- . 4.2. The City Council may establish such rate categories as may be appropriate for collection services provided by any commercial/industrial Collector. 10-4.2. Billinq and Collection of Rates. Fees and Charqes. A. The billing and collection of the rates, fees and charges imposed by the Collectors for solid waste handling services to commercial/industrial premises shall be the responsibility of the Collector, and the City shall have no liability or responsibility therefor. B. The billing and collection of the rates, fees and charges imposed by the Collectors for solid waste handling services to residential premises shall be the responsibility of the city. The City may collect fees for residential solid waste collection services by causing fees to be placed on the Orange County Tax rolls through procedures established by the Orange County Tax Collector. No charge shall be made directly to a residential householder by the residential Collector, except as otherwise specifically authorized by the City Council. PART 4 Vehicles 10-5.1. 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 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 five (5") inches in height in plain sight from four directions. 10-5.2. Vehicle Standards. Any vehicle utilized for the collection, transportation or disposal of solid waste and/or recyclables shall comply with the fOllowing standards: A. 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. B. A broom and shovel shall be carried on each vehicle at all times. C. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency. D. Each vehic~e must be under seven (7) years of age unless specifically authorized in writing by the City Manager. E. Routine inspections by the California Highway Patrol shall be conducted annually and certificates for the inspection shall be filed annually with the City Manager. Ordinance Number /1/J/ F. sanitary, in satisfaction All vehicles shall good repair and well of the City Manager~ at all times be kept clean and and uniformly painted to the G. Each vehicle shall be equipped with watertight bodies fitted with close-fitting metal covers. H. The Collector's name or firm name and telephone number shall be printed or painted in legible letters not less than five (5") inches in height on both sides of all of Collector's vehicles used in the City. I I. High intensity fog lamps shall be maintained on any vehicle eighty (80") inches or wider, which shall consist of two (2) red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than fifty (50') feet. J. All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation. K. As the Collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the City Manager. 10-5.3. Operation of Eauipment. All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable Federal, state and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the city. 10-5.4. Compliance with Vehicle Standards. Any vehicle used in the collection or transportation of solid waste I in the City shall, at all times, be maintained in accordance with all the standards set forth in section 10-5.2 of this Article. ,The use of a vehicle which fails to comply with each of the standards set forth in Section 10-5.2 is prohibited. A Collector shall immediately remove any vehicle from collection service which fails, at any time, to conform to any of the standards recited in Section 10-5.2 and shall not use that vehicle until it is repaired. Should the City Manager give notification at any time to a Collector that any of the Collector's vehicles is not in compliance with the standards of this ArtiCle, the vehicle shall be immediately removed from service by the Collector. The vehicle shall not again be utilized in the city until it has been inspected and approved by the City Manager. The Collector shall 'maintain its regular colJection schedule regardless of the repair of any vehicle. PART 5 Exclusions 10-6.1. Residential Householder Exclusion. No provi- sion of this Article shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises; provided, however, I that no residential householder shall employ or engage any solid waste enterprise, other than the residential Collector with a Collector Agreement, to haul or transport such materials to a transfer station or landfill. I ~I I Ordinance Number /~~ 10-6.2. Gardener's Exclusion. No provisions of this Article shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services. 10-6.3. Commercial/Industrial Exclusions. A. Source Seoarated Recvc1ables. 1. No provision of this Article shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable ~crap, discard, reject, by-product, ferrous or non-ferrous metal, worn- out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/ industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). Source separated recyclables within the meaning of this section shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value. 2. No provision of this Article shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this paragraph A for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code section 40200); nor shall any provision of this Article prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this Code, whether in the form of a business license, a business permit, or a nonexclusive Collector Agreement. B. Renovation. Rebuildina. Repairs. No provision of this Article shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this Article prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, Ordinance Number I~/~ transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. 10-6.4. Contractors' Exclusions. No provision of this Article shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to remove such demolition w~ste, the Authorized Collector shall have the right of first refusal to provide such services. If the Authorized Collector cannot guarantee that such services will be provided within a period of twenty-four (24) hours, for a per bin charge that does not exceed the maximum permitted by the Collector Agreement, the City Manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. I 10-6.5. Document Destruction Service. No provision of this Article shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. 10-6.6. Self-Haul Exclusion. Notwithstanding Paragraph C of section 10-7.1, and in addition to the authority I granted by Section 10-6.1, nothing in this Article shall prevent a commercial/industrial business owner or residential householder .from, on a regular basis, collecting and disposing of solid waste generated in or on their premises, in lieu of availing themselves of the services of the Authorized Collector. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise,' other than an Authorized Collector, to haul or transport such materials to a transfer station or landfill. Provided, however, that any residential householder or commercial/industrial business owner who, pursuant to this Section 10-6.6 seeks to on a regular basis collect and dispose of solid waste generated in or on their premises, must first obtain a self-haul permit from the City, and must comply with procedures for self-hauling to be adopted by the City Council by resolution. PART 6 General Reauirements 10-7.1. Mandatorv Service. A. All solid waste collected from residential or commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by an Authorized Collector, subject only to Paragraph D below. B. No person, firm, corporation or solid waste I enterprise, other than those referenced in paragraph A above, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service I I I .ordinance Number lit I charge or other consideration therefor, except as specifically provided herein. C. Except as otherwise provided in this Article, each residential owner and commercial/industrial business owner shall utilize the services of the Authorized Collector for the collection of solid waste from the residential or commercial/ industrial premises held or occupied by such owner and shall pay for such services the fees approved by the City Council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the Authorized Collector, except as otherwise provided in this Article. D. Nothing in this Article shall prevent a commer- cial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclu- sive contract between the City and the Authorized Collector. 10-7.2. Litter. Any person who deposits o~ causes to be deposited any solid waste or recyclables on the public right- of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. Violation of this section is an infraction; the second violation within a one year period is a misdemeanor. 10-7.3. Transfer of Loads on Public streets. No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. 10-7.4. Unauthorized Removal from Containers. No person other than the Authorized Collector shall remove or tamper with, or remove any solid waste or recyclable material from, any solid waste container or recyclables container, other than the owner or occupant of the property served by such bin, receptacle or recyclable container, or an authorized employee of the City. 10-7.5. Hours of Collection. (a) In residential areas and commercial/industrial areas that are contiguous to residential.premises, no collection or delivery/removal of containers shall be made between the hours of 6 p.m. and 7 a.m. Monday through Saturday or at any time on Sunday. (b) In commercial/industrial areas that are not contiguous to residential premises, no collection or delivery/removal of containers shall be made between the hours of 6 p.m. and 5 a.m. Monday through Saturday or at any time on Sunday. (c) The City Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the collector. 10-7.6. Resource Recoverv. Every Collector shall, at all times, comply with City policies and programs with regard to Ordinance Number I~~ solid waste recovery, reduction of solid waste and recycling of solid waste. 10-7.7. Ownershic. At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste or recyclables are the property of the Collector. 10-7.8. oiscosal. (a) It shall be unlawful at any time for any person, including Collectors, to burn any solid waste or recyclables within the city. 1 (b) It. shall be unlawful at any time for any person, including Collectors, to bury or dump any solid waste or recyclables within the City. 10-7.9. Trescass. No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection, or beyond the extent necessary to provide any agreed upon special collection service. 10-7.10. Reauired Monthlv Recorts. (a) Each Collector shall provide the City with monthly tonnage reports which include the following: 1. Total amount of solid waste removed from the city for the respective reporting month. 2. The name address and telephone number of each solid waste disposal and/or recycling facility used by the Collector during the reporting month. 3. In the event that a Collector adds and/or deletes a collection service customer(s), the Collector must submit a revised collection service identification list with the monthly report for the reporting month. 5. The complaint log described in section 10-7.l0(B). I (b) Each report shall be signed Collector. If the Collector has more than it shall submit a separate report for each Each report shall be submitted to the City each month following each reporting month. received by the City Engineer by 5:00 p.m. by an officer of the one collection route, collection route. on the last day of Reports must be (c) The Collector shall maintain, but is not required to submit monthly, copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month that collection services are provided. 10-7.11. Annual Recort. Every Collector shall furnish an annual report to the City detailing the quantity and nature of all solid waste or recyclables removed from the City. Reports shall be delivered to the City on or before July 31 of each year, I for the immediately preceding period of July 1 through June 30 period. This report shall also include permitted waste disposal facilities where the Collector has disposed and/or transferred all solid waste removed from the City. This report is to also I I I Ordinance Number I~/~ include a compilation of monthly tonnage reports and/or copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from the Collector. The timely filing of a complete annual report is a condition of any permit or Collector Agreement awarded by the city. 10-7.12. Worker's Comoensation Insurance. Each Collector shall at all times provide, at its own expense, Workers' Compensation Insurance coverage for all employees. Each Collector shall file and maintain certificates with the Manager showing the insurance to be in full force and effect at all times the Collector shall have a permit issued by the City. 10-7.13. Collector's Liabilitv Insurance. Each Collector shall furnish ~he City a policy or certificate of comprehensive general and automobile liability insurance insuring the Collector against bodily injury, property damage and automobile liability in the sum of $1,000,000 combined single limits. These limits shall be subject to annual review by the City for the purpose of reasonably adjusting to current insurance conditions and requirements. A greater amount may be required in the Collector Agreement. The insurance shall provide that the coverage is primary and that any insurance maintained by the City shall be excess insurance, shall be procured from an insurer authorized to do business in the state of California, shall name the City of Seal Beach and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to City thirty (30) days' prior written notice. 10-7.14. Citv To Be Free From Liabilitv. Any Collector or person who collects, transports, or disposes of solid waste or recyclables within the City shall indemnify, defend, and hold harmless the City and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the City shall incur or suffer, which arise, ~esu1t from or relate to the collection, transportation, or disposal of solid waste or recyclables by that person. 10-7.15. Office for Inouiries and Comolaints. A. Any Collector with a Collector Agreement shall maintain an office at some fixed location and shall maintain a telephone at the o~fice, listed in the current telephone directory in the firm name by which it conducts business in the City, and shall at all times during the hours between 7 a.m. and 6 p.m. of each weekday and between 7 a.m. and 6 p.m. on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the City. B. The Collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for non-action, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the City. Such log of complaints and other records pertaining to solid waste and recyclable collection and disposal shall be open to the inspection of the City at all reasonable times and shall be maintained for a period of one year. Compliance with the Ordinance Number /1//11 requirements of this section are conditions to any permit or Collector Agreement which is awarded by the city. 10-7.16. Buildinq Contractors to Leave Area Clean. All owners, contractors and builders of structures shall, upon the completion of any. such structure, gather up and haul away, at their sole cost and expense, all refuse of every nature, description or kind, which has resulted from the building of such structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition, and it shall be unlawful not to do so. 10-7.17. Accumulation of Garbaqe. etc.. Declared Nuisance. The accumulation of garbage and rubbish by any person beyond the period of one week or in any manner other than specified in Article I of this Chapter is hereby declared to be a nuisance pursuant to section 38771 of Government Code of the State. The city Council, pursuant to Section 38773 of the Government Code of the state, shall, by separate ordinance, provide for the summary abatement of such nuisances. 1 PART 7 Residential Collection and Recvclinq 10-8.1. Residential Collection-Disposal. All solid waste collected by a-Collector shall be disposed of by the Collector in accordance with all applicable federal, state and local laws and regulations and the controlling permit or Collector Agreement. 10-8.2. Residential Collection-Freauencv. The residential Collector shall collect all solid waste and recyclables placed for collection in compliance with this Article from each residential premises once a week in accordance I with a schedule which has been approved by the City Manager. The schedule shall identify the routes and days of pick up for each collection district established within the City. Unless otherwise approved by the City Council, collection of solid waste, recyclables and green waste shall take place no less than once each calendar week, on the same day of the week. 10-8.3. Containers. Residential Collection-Solid Waste Subject to the prior approval of the City Manager, the Collector shall provide standard residential solid waste con- tainers to each residential householder and may include the costs thereof in the monthly collection rate. Notwithstanding the foregoing, a residential householder may provide additional solid waste containers sufficient to accommodate the amount of solid waste generated by the residential premises; provided, however, that such containers shall be compatible with the Collector's collection equipment. Such additional containers shall be the property of the residential householder. No cardboard box or paper bag may be used as a container for solid waste. 10-8.4. Residential Collection-Recyclina Containers. The Collector shall provide each residential premises with at least one recycling container. If one recycling container is I inadequate, the Collector shall provide one or more additional recycling containers upon request, and at no charge to the residential householder. I I I Ordinance Number /~/~ 10-8.5. Residential Collection-Placement and Removal of Containers. Every re~idential householder shall place each solid waste container and recycling container for collection at the curb in front of the premises, or at the curb at the side of the premises where the premises are adjacent to more than one street. No person shall place any such container for collection more than twenty-four hours before collection is sCheduled to commence in the district, or leave any such container at the place of collection after 10:00 p.m. on the day of collection, or more than two hours after actual collection, whichever is later. Such containers shall be removed to a storage location which is not visible from any public right-of-way, excluding alleys. Violation of this section is an infraction. For the first infraction, the City shall give a warning to the violator; for the second infraction, the City shall impose a $20.00 fine against the violator; for each subsequent infraction within one year of the first violation, the City shall impose a $40.00 fine against the violator. 10-8.6. Residential Collection-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 or upside down position, at the location where found by the Collector. 10-8.7. . Residential Collection-Special Collection Services. The residential Collector shall provide, upon request from a residential householder, special collection of solid waste, at such rates as may be approved by the City and at such times as may be agreed upon by the Collector and the person requesting the service. If no agreement is reached, such special collections shall be provided as determined by the City Manager. Such special collection may include carryout service, or any other service beyond that required by this Article or the applicable Collector Agreement. PART 8 Commercial/Industrial Collection 10-9.1. Commercial/Industrial-Disposal and Status of Solid Waste. The commercial/industrial Collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this Article, except as otherwise provided in this Article. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling permit or Collector Agreement between the Collector and the city. All solid waste collected by a commercial/industrial Collector shall be the exclusive property of the Collector. 10-9.2. Commercial/Industrial-Freauencv 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. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to pUblic health or safety. 10-9.3. Commercial/Industrial-Containers. A. Every commercial/industrial business served by a Collector shall have the option to: Ordinance Number )~/j 1. Provide the necessary container or containers to accommodate solid waste generated from the commercial/ industrial business, for collection by the commercial/industrial Collector: or 2. Use the standard commercial/industrial solid waste container or containers provided by the Collector, which containers are compatible with the Collector's collection equipment. Where a commercial/industrial business owner is served by an excepted Collector, such excepted Collector and business owner shall determine by private agreement who is to provide the container. , other solid B. Every equipment used waste shall: Collector which provides any container or for the storage of commercial/industrial I 1. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the Collector's business name and ~elephone number, in a color contrasting with the background color of the container: and 2. Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner. 10-9.4. Commercial/Industrial-Maintenance and Placement of Containers. Solid waste containers provided by the Collector shall be maintained in a clean and sanitary condition by the Collector. Solid waste containers which are not provided by the Collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. 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 I waste or litter that is spilled or deposited on the ground as a result of the Collector's emptying of the container or other activities of the Collector. 10-9.5. Commercial/Industrial-Care of Containers. Upon collection of solid waste by the Collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. 10-9.6. Commercial/Industrial-Unauthorized Containers. Except as expressly authorized by this Chapter 10, Article I of the Municipal Code, no person other than a Collector may place a solid waste or recycling container within the Service Area. Any container placed in violation of this section 10-9.5 is hereby declared to be a nuisance, and is subject' to abatement pursuant to Chapter 14 of this Code. 10-9.7. commercial/Industrial-Special Circumstances. If particular commercial/industrial business premises require collections at times, frequencies or in a manner 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 I 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 I I I Ordinance Number /WJ/ mutually agreeable terms. If the business owner and the Collector do not agree as to the methods for the 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 2. Article IV of Chapter 10 of the Seal Beach Municipal Code is hereby redesignated Article III. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. ~ ~ED, APPROVED and ADOPTED this 1 fLpA.i~~ 1997. rtJ /tJ day of ~ /~~~7""/-<:. '" . '10 TO FORM: CITY ATTORNEY " STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF SEAL BEACH I, Joanne M. 'leo, City Clerk of the City of Seal Beach, California, do hereby certify that the foreg~~~ ordinance is an original copy of Ordinance Number /~ on file in the office.Hof ~~~ City Clerk, . troduced at a meeting held on thel()...~...I~day of , 199?: and passed, pproved and adopte y the C' y Council 9f ~e City of Sea ch at eeting thereof hel on the ~- day of , 1991, by the following vote: COUnciln'mb~'-? (lLfl'/~~~o/ Councilmembers AYES: NOES: Ordinance Number ll1.~ Seal Beach City C~ ABSENT: Councilmember and do hereby further certify that has been published pursuant to the and Resolution Number 2836. Ordinance Number I~/~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State'dl Oalifornia, under the , , date of 2/24/75. Case Number AB2583; that the notice of which 'the annexed' is a printecf'copy.(set in' type not smaller than,Aonpareil), h'as been published i,n:'8f!C~rregUI~~r and entire issue '6Psaid newspaner' and not in \''1';.''/1. .. ..."" ~.... any sUPRlement ther.~of on the ......... I If'/l" >t.. , following aatel!.;)o:Wit: ~~ all in the year 19.,.9L. I certily (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \?l day of \Z.., Ih... . ,19 97 . Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714) 759-7726 This space for for the County Clerk's Filing Stamp I Proof of Publication of ............................ . ............................ . ~. '.;, NOTlCEOF'; " . PUBUC HEARING' ,.. ..NOTICE'IS hEREBY. GIVEN that , the City Council of Ihe City 01 S.a1~ Beach well corduct a publtC heanng on Monday, Fe~ary 24th, 1997 al 7 00 p.m. In the City Council Cham!).,., 211 - 8th Slr.et, Seal .Beach, 10 conSldBf' 1) a solid waste l!!I'..monl WIIh Brlagoman Dnoposal Services, lnc anaif ~proveil the' . 8gl'8l!.f11Bl1l Me suP8lSede the 8XISWlA' ',agr.ement: 2) the prOVISion tQ' ..: senuautomBIed refua8 and recyclll1Q: I S8MceS tor the 0Jd Town area: ana' . 3) extension of the term of the "existing agreement with B,~?::rrian . OIsposi1 ServlC8S, loe All sted- ~ns may be heard at sard pubbc .neonngW..d....od W1l1epl1JIlOS8d' 8Cbons BIB chaUenged In court, you may be Irmlled 10 raiSIng only those Issues you or sqmeone else falsed at . the public heanng described In this notice, or In wntI8n COfJ'Bl!f)9ndence dol_to Ihi Cdy of Seal Beach at, Of pnor to, the publJC heanng . DA~D'1HIS ,1lIh day of FoIlruaIy. ~1997 \,~... " ",_ -!oJo.nn. M. Yea. City Clerk .' " QIy'ofSeal_h... " :; Pub, Seal Beach Sun Journal f'~'3197. , '" . I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore. said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .y(. 'all in the year 19-2L. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this I. day of \..- A-A AN ,19..lU-. it ....<l Sl;~.t~\lf}.~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 MaIn Street Seal Beach, CA 90740 (310)430-7555 (714) 759-7726 Ordinance Number 1t/tJ/ This space for for the County Clerk's Filing Stamp Proof of Publication of ............................ . ............................ . ~ 'NOTICE OF CONnNuED ,; '" PUBUC HEARING i NOTICE IS HEREBY GIVEN that f the City Council of the 'Cltv of Seal Beoch .Id. OIth.".- '-no of Febru~ 24th. \991. contmue lhe . . publiC heanng relating to 1) a sokd I waste agreement with Brl9geman . DISposal S8MC8Si Inc" ,f approved. the agreement w II supersede the l eXlug agreement: 2) the provlllon . . for .eml8ulomated refuse and I recycling S8MC8S for the Old Town area, and 31 extension of the I8m1 of ' I.the 8XISI ng . agr.ement wIth'. Ilnodo""", 01_ SoMC8S, Inc. In I adanlon, the Council Will raCBlye , ,,,,,,,,moots _ rogmdlD. proposod' 'omondedSllllll__ AI, ~ Inleresled persons may be heard III ~ I sard ~ heanng ., so deaIred..tt the . pt'opoaed actions. &fe challenged In (court, you may be Ilmlte~ to raising I only those Issues you 01 lomeone else raised at the public heBnng' descnbed In thiS notice. 01 1M written I correspondence delivered to the Qty i of Seal Beacti ai, Dr prior to, the. publIC heanng J ~ ':.. .,;-.' , DATED THIS 26Ih d&i of Februart, ' "997 '" .' ') Laoan.....M.Yeo:CnYClittc. ::, '~~" r CllyolSeal8each .... n.: ,':',1 Pub. Seal Beach Sun '-;Journalt; 03i06I9~':' : '. .': '..- .,'.. Ordinance Number I'~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen 'of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: :V~ all in the year 19j!L. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this l. day of \..,....... _ 0.. , ,19j!L. (\ 1& to., ~ 0,..,' l <:1 (1...... On..:Dd \ Signature, _~. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 MaIn Street Seal Beach, CA 90740 (310)430-7555 (714) 759.7726 This space for for the County Clerk's Filing Stamp I Proof of Publication of ............................ . ............................ . . .. . -. .... ~, ',' SUMMARV- ,'. 'J . ORDINANCE NUMBER 1414 , ! ~~~~twF- '... ~ Ordinance Nwnber 1414 of the Crry . of Seal Beach amends Chapter 1() '01 the Code of the ClIy of Seal" I Beach and relales to the colllCbOn 101 lOUd waste and recvclable. In the City of Seal Beaoh, af80 provides a requrrement \hili trash containers be . 'removed from curbSide althe end of I the collection day and the authonty 'to elM for on-gomg falh.1re 10 complY Ordinance Number 1414 was. )nlroduced al the regular Clly' . CounCil meetIng of February 24th. 1997 and first reading was applOV8d "bylhefOllowlIlg_ . ," j AYES: Brawn. ForsYth.. Fullon, . ~. H......ge , . NOES Campben M...... earned .', 'Ordlnance Number -1414 ~wllI.. receive second reading and be conSidered for adortlon at the regular City Councl meellng of , March 1Oth,,'1997, Cople, of' Ordinance ~Number .1414 are, , aV8Ilable from the ofhce of the Cltr. Clerk, CII~ Hall, 211 . 8th SUee , Seal Beach: lelephom, (310) 431-. 2527, . : DATED nul 251h cloy of Fabrueri.. :1997 . . " '., ' ..... .' !,JDllMeM. Veo,ClIyClerk '. CltyolSeelBeech '," ..... "'\ ' Published In the Seal Seach sun'l . 00/D6I97 _" , . .' .. I I