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Home My WebLink AboutCC Ord 650 1964-10-19 .. " . .'. ~. '.... '''' .. ORIE-INAL OF,-rCtl-,L COpy ()\" TO OG TAj~!:~'i F 0,\-\ H.:: C,Tt CLERi<'S OFFICE ORDINANCE NO. 'r;; 0 INANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF CHAPTER 10 OF THE CODE OF THE CITY OF SEAL BEACH ENTITLED "GARBAGE TRASH AND WEEDS" BY ~ , ADDING DEFINITlONS AND PROVIDING FOR . A MONTHLY CHARGE FOR COlLECTION OF GARBAGE AND RUBBISH. The City Council of the City of Seal Beach does ordain as follows: I Section 1. Chap-te.J: 10 of the Cqde of the City of Seal Beach is hereby amended in the following .J:espects: (a) Section 10..1. Definitions is hereby amended to xead as follows: For the purposes of this article, the following woxds and phrases shall have the meanings respectively ascribed to them by this section.: Garbare. The term "garbage" shall mean and include table refuse, sw II, offal and every accumulation of animal, vegetable and other matter that attends preparation! consumption, decay, dealing in or storage of meats, fish, fow I fruits and vegetables or other food and shall include all animal and vegetable refuse from kitchens and all household waste from or intended for use as food, and all vegetable trimmings from markets and stoxes. The following axe specifically not included in the texm "garbage" : Organic residues resulting from commercial canning or processing of food products, dead animals, manure, sewage waste, wastepaper.. paper and other combustible mat.erials (other than ' such wrapping for garbage as may be required by the city), crockery, glass, cans and other metallic Objects,. ashes, and sweepings. Rubbish.. The term "rubbish" shall mean and include leaves, shrub trimmings, small tree branches not to exceed two inches in diameter and four feet in length, excelsiort wooden ware, printed matter, paper, pasteboard, paper conta1ners, lawn clipp- ings, rags, straw. discarded clothing, crockexy, bottles, tin cans, metal vessels, and all waste ma~erial of every character accumulated within 'the city, except garbage, swill~ manure or sewage waste, automobile bodies, earth, turf. Sod, sand~ clay, g:rave],,. loam, stone,. bxicks, pl:astex or othe:r xefuse from build.. ing construction or repair, or txee or shrub trimmings occasioned by the maintenance or construction of public utility lines ox activities of city crews. Tree limbS, brush and similar materials shall be Cut to four feet or less in length and securely tied with cord or wire. All floor sweepings shall be double- wrapped. . I -1- I I I Ordinance ,Number .' 0" ........ ,. Dwelling. The term "dwelling" shall mean any building designed or used exclusively ror residential purposes by one or more persons. Dwelling Unit. The term "dwelling unit" shall mean one or more rooms designed as a unit or occupancy by not more than one ramily ror living and sleeping purposes; said unit to include kitchen racilities ror the exclusive use or the occupants or said dwelling unit. Single Family Dwelling. The term "single ramily dwelling" shall mean any dwelling containing only one dwelling unit located on a single lot or parcel. Multiple Residential Dwelling. The term "multiple residential dwelling" shall mean any dwelling containing more than one dwell- ing unit located on a single lot or parcel. Residential Occupancy. The term "residential occupancy" shall mean and include all property herein derined as dwelling units, single ramily dwelling, and multiple residential dwelling. Commercial Occupancy. The term "commercial occupancy" shall mean all other occupied property other than residential occupancy. (b) Section 10-lA is hereby added to amend the Code or the City or Seal Beach to read as rollows: 10-lA. Service Provided. The City shall provide ror the collection and removal rrom all property in the City or garbage and rubbish at regular intervals to be prescribed by the Director or Public Works; however, any occupant or owner or any property which generates and produces in excess or 60 rirty-gallon con- tainers or garbage and/or rubbish, or the equivalent thereor, per week may utilize a private collection service licensed by the City or Seal, Beach to conduct such service within said City. (c) Section 10-2 or Chapter 10 or the Code or the City or Seal Beach is hereby amended to read as rollows: 10-2. Containers - Required; specirications. All garbage shall be placed ror collection in metal or plastic containers, the maximum size or which shall not exceed thirty gallons or capacity nor weigh, together with the contents thereor, more than 65 pounds, and all garbage shall be covered. All rubbish shall be placed ror collection in metal or plastic containers and/or in containers or such other material as may be speciried by the Director or Public Works, each or which, together with the contents thereor, shall not exceed 65 pounds in weight and in no event shall any such empty container weigh more than 20 pounds, nor exceed 50 gallons or capacity. Garbage, when co-mingled with rubbish, shall be tightly wrapped in paper and all containers in which garbage and rubbish are placed shall be covered. The occupant or each residential or commercial occupancy shall be responsible ror placing rubbish and garbage in accordance with this section, provided, however, that a larger container may be used when approved by the Director or Public Works. -2- . ' . . I I I Ordinance ,Number .' .' " .' , , ", (d) Section 10~3 ox Chapter 10 ox the Code ox the City of Seal Beach is hereby amended to read as xollows: 10-3. Containers - Placement; arrangement xor collection. A. Containers provided xor in this article shall be placed adjacent to the curb along the street in xront ox each resi- denti~l or commercial occupanqy~ or ix no curb. then adjacent to the main-traveled portion of the street xronting the occupancy, or the alley i,n the rear ox each such occupancy ~ except where alleys, having access to streets at each end, exist in the rear of commercial occupancies and xrom these latter occupancies placements shall be made in such alleys. All containers shall be grouped together xor each occupanqy. B. It shall be unlawful for any person to place any garbage or rubbish accumulated on any premises within said City in a garbage or rubbish container containing garbage or rubbish which has accumulated in, upon~ or xrom any other premises within said City or to place any container xor collection of garbage or rubbish therexor in~ upon, or in xront ox or in the rear ox any oth~r premises. (e) Chapter 10 ox the Code ox the City of Seal Beach is hereby amended by adding Article III thereto, to read as follows: ARTICLE III - Rexuse Collection Fees 1~19. Collection Charge. The City ox Seal Beach shall make a monthly charge xor the collection ox garbage and rubbish by the Contractor ox the City on the basis ox a fee schedule set xorth herein. 10-20. Residential Fees. A monthly oharge for the collection of garbage and rubbish xrom a singl~ami1y dwelling shall be $1.00 per month. The monthly charge xor the collection of garbage and rubbish xrom multiple residential dwellings shall be $.75 xor each dwelling unit per month. 10_21. Commercial Fees. ox garbage and rubbish by the lishments shall be calculated commercial rate schedule: The monthly charge xor collection Contractor xor commercial estab- on the basis ox the xollowing -3- . . ." '. I I I ;, . ,. Ordinance ,Number .' . " . .... ,". . CQ\lJMERCIAL RATE SCHEDULE Number of Cans or 50 Ga. Equivalent per week 0 to 2 .3 to 5 6 to 10 11 to 15 16 to 20 21 to 30 31 to 40 41 to 50 51 to 60 Charge Per Month $ 1..00 3.00 6.00 9.00 12.00 18.00 24.00 30.00 36.00 For each additional unit of 20 cans. or any part there shall be an additional charge of $6.00 per for each such unit. thereof., month The commercial rate is applicable to all those activities and occupancies for which a license is required under Chapter 11 of the Code Of The City Of Seal Beach and/or which are not permitted in residential districts under prevailing land use and zoning code provisions. 10-22. Billing. Charges for garbage and rubbish collection for a particular property shall be billed on the same bill and to the same ownership as the water bill for that particular pro- perty if water service is provided. If ga~bage and rubbish servioe, but not water service, is provided~ a billing for garbage and rubbish service shall be made in the same manner and under the same conditions provided in Section 2~11 through 26-13 inclusive o~ this Code. 10M23. Billing Credit. In the event that any property in the City of Seal Beach is unoccupied for 32 consecutive days during any two-month billing period, and no service was provided. t~ a praoorated charge shall be made on the basis of a sworn statement by the owner or occupant of said vacancy for the billing period last passed. 10-24. Accumulation of Garba~e and Rubbish. The accumulation of garbage and rubbis by any person beyond the period of one week or in any manner other other than as speciM fied in Artiole T or Article IIr of this chapter is hereby declared to be a-nuisance pursuant to Section 38771 of the Government Code of the State of California. The City Council of the City of Seal Beach, California, pursuant to Section 38773 of the Gove~nment Code of the State of California shall by separate ordinance provide for the summary abatement of such nuisances. 10-25. Liabi1itr for Payment. The occupants of each place or premise sha1 be liable for payment of all fees and charges as heretofore set forth in this article. Should any place or premise be ocoupied or should the occupant thereof fail to pay all such fees and charges before the same becomes delinquent as provided in Seotion 26_12 of this Code~ then in either or such event~ the owner of such places or premises shall be liable for the payment of all such fees and charges. -4- , .II' .' ' I I I. .... ~.. " - " Ordinanca \NuinJ;je~ . SECTION 2. Severability. If any section. sUb.section. clause. phrase or portion of this Ordinance or the application thereof to any person. firm. corporation. or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, suoh decision shall not affect the validity of the remaining portions of this C),rdinance. The Council of the City of Seal Beach hereby .declares that it would have adopted this Ordinance and each section. sub-section) sentence. clause. phrase or portion thereof irrespective of the fact that anyone or more section. sub~sectionJ sentences, clauses, phrasas~ or portions be declared invalid or unconstitutional. SECTION 3. Effective Date. This Ordinance shall become effective December 1. 1964. and shall be published as provided by law thirty (30) days prior thereto. PASSED t APPROVED t AND ADoPT.Eti~~, day of by the City Council of the C~y of Sea~ B aoh at thereof. ~ .~ Mayor '( ATTEST: 4-0. .Ik~ F. w. Hiokman City Clerk I HEREBY CERTIFY that t~ foregoing is a true and correct copy of Ordinance No. S-~ . passed and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the /-fllt day of ~ f!_~ . 1964. DATED : ft){'.:;- /~ I t:j l- if /~,e/4.~~ F. W.. HICKMAN, CITY CLERK ROLL CALL VOTE: AYES: councilmen~~6N:W~~~UA-V NOES: Councilmen 7~ ABSENT: Councilmen ~~A/ -5-