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HomeMy WebLinkAboutCC Ord 603 1962-03-05 I I 'I . 0--' .# 4 Ordinance Numbfr ~ , -- ------ ---- . CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. 603 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF CHAPTER 10 OF THE CODE OF THE CITY OF SEAL BEACH, ENTITLED "GARBAGE, TRASH AND i'lEEDS". THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10-3 of Chapter 10 of the Code of the City of Seal Beach is hereby amended to read as follows: Sec. 10~3. Same -- Placement: arrangement for collection. Containers provided for in this article shall be placed adjacent to the curb along the street in front of each residential or commercial occupancy, or if no curb, then adjacent to the main~traveled portion of the street fronting the occupancy, or the alley in the rear of each such occupancy, except where alleys, having access to streets at each end, except in the rear of commercial occupancies and from these latter occupancies placements shall be made in such alleys. All containers shall be grouped together for each occupamcy. The owner or tenant of a commercial occupanancy may provide by mutual written agreement with the contractor for collection at a location other than specified in this article, if such agreement is approved, including fees therefor by the Ci ty Manager. SECTION 2. Section 10~4 of Chapter 10 of the Code of the City of Seal Beach is hereby amended to read as follows: Sec. 10-4. Same -- Number required for dwellings generallY. The owner of every lot or parcel of property in the City having erected thereon multiple family units shall at all times furnish a minimum of one refuse container for each living unit 80 and including four living units, and in every instance where there are more than four living units, such owner shall furnish one refuse container for each two living units or fraction thereof; except that where there are twelve or more living units erected on a single lot or parcel of property, the owner, or owners, may arrange with the refuse collection service for provision of one or more refuse bins, the number of such bins to be fully adequate for storage of refuse between times of collection. SECTION 3. Chapter 10 of the Code of the City of Seal Beach is hereby amended by adding Article III thereto, to read as follows: ARTICLE Ill. REFUSE COLLECTION FEES Sec. 10-19. The City of Seal Beach shall make a monthly charge for the collection of refuse by agencies of the City on a basis of a fee schedule set forth herein. Sec. 10-20 Residential Fees The monthly charge for collection of refuse from a single family residence shall be One Dollar ($1.00) per month. The monthly charge for collection of refuse from multiple residential structures shall be -1.. .. . . ~ , Ordinance Numbe~ . Seventy-Five Cents (75~) for each multiple unit. Sec. 10-21. Commercial and Industrial. The monthly charge for collection of refuse by city agencies from commercial and industrial establishments shall be calculated on I the basis of the following commercial rate schedule. cm~MERCIAL RATE SCHEDULE Number of cansi~ iH~ NUMBER OF PICK-UPS PER tIEEK 2 3 4 5 6 1 1.00 2.00 3.00 4.00 5.00 2 1.70 3.05 4.~0 5.75 7.10 3 2.40 4.10 5. 0 7.50 9.20 ~ 3.10 5.15 7.20 9.25 ll.OO 3.80 6.20 8.tO 10.75 12.80 6 4.50 ~.25 9. 0 12.25 1~.60 7 5.20 .15 10.80 13.75 1 .40 8 5.90 9.06 12.00 15.25 18.20 9 6.60 9.95 13.20 16.75 20.00 10 7.30 10.85 14.40 18.25 2L80 11 7.90 ll.75 15.60 19.75 23.30 12 8.50 12.65 16.80 21.25 ~.80 13 9.10 13.55 18.00 22.50 2 .~O 14 9.70 14.45 19.20 23.75 27. 0 15 10.30 15.35 20.40 25.00 29 .)0 16 10.90 16.25 21.40 26.25 30.80 I 17 n. 50 17.15 22.40 27 .50 32.30 18 12.10 18.05 23.40 28.75 33.80 19 12.70 18.95 24.40 30.00 35.30 20 13.30 19.85 25.40 31.25 36.80 Add 10' s 5.00 7.50 10.00 12.50 15.00 i~ i~Number of cans is based on total number of containers for both garbage and rubbish, with garbage cans not to exceed 30-gallon capacity and rubbish cans not to exceed 50-gallon capacity and 65 pounds loaded weight. If bins are provided, the rate shall be based on the estimated number of 50 gallon cans applied to the schedule above. iH~ Number of pick-ups per week is based on the maximum number of stops, but not to exceed six per week. The commercial rate is applicable to all those activities and occupancies ' for which a license is required under Chapter 11 of the Municipal Code and/or which are not permitted in residential districts under prevailing land use and zoning ordinance provisions. Charges for refuse collection for a particular property shall be billed on the same bill and to the same ownership as the water bill for that particular property if water service is provided. If refuse service but not water service is provided, a billing for refuse service shall be made in the same manner as provided in Section 26-11 of this Code. I Sec. 10-23 (a) Each residential, commercial and industrial occupancy in the City of Seal Beach shall, if occupied, be provided with refuse collection service as set forth, hereinabove; provided, however, that no'service shall be"provIded Bnd no charge'made"to an'roccup~ncy"for which the owner shall make a sworn statement and provide evidence acceptable to the City Council that no such service is required. -2- I 'I . I ~ , . Ordinance Number . (b) It shall be unlawful for any person to place any garbage or rubbish accumulating on any premises within said City, in a garbage or rubbish container containing garbage or rubbish which has accumulated in, upon or from 'any other premises within said City, or to place any such container for collection of garbage or rubbish therefrom, in, upon, in front, or in the rear of any other premises. Sec. 10-24. (a) The accumulation of garbage or rubbish by any person beyond the period of one (1) week, or in any manner other than as specified in Article 1 or Article III of this Chapter 10 is hereby declared to be a nuisance, pursuant to Section 38771 of the Government Code of the State of California. The City Council, pursuant to Section 38773 of the Government Code of the State of California, hereby provides for the summary abatement of such nuisances at the expense of the person or persons creating, causing, or maintaining the same as follows: (1) If the City Manager determines that a person at a certain address is maintaining or permitting a nuisance as defined in this section he shall within five (5) days notify said person, in writing, of the fact that he is conducting a nuisance as, defined herein and requiring him within ten (10) days to abate said nuisance or to cause said nuisance to be abated within legal means as provided in this Chapter. (2) If, at the end of ten days period, said person has not abated or caused to be abated said nuisance the City Manager shall have the power and authority to authorize the contractor to enter the premises of said person and remove and abate said nuisance and charge said person for the cost of the removal and abatement of said nuisance. (3) Thereafter, if said person should continue to allow garbage or rubbish to accumulate for periods beyond those specified herein, the City Manager shall have the power to order the contractor to continue to enter said premises and remove and abate said nuisance, charging said person for the cost thereof. (b) The occupants of each place or premises shall be liable for payment of all fees and charges as heretofore set forth in this Article Ill. Should any place or premises be unoccupied, or should the occupant thereof fail to pay all such fees and charges before the same becomes delinquent, then and in either such event, the owner of such places or premises shall be liable for the payment of all such fees and charges, including any delinquent fee. (c) The occupant and owner of each place and premises who have not been exempted from payment of such fees and charges and who fails to pay such fees and charges before the same become delinquent shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each day of such failure to pay such fines and charges after the same become delinquent shall be deemed a separate violation of this Chapter. Section 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application there- of 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, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sub- sections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. -3- . '. . ordinance Number r I SECTION 5. EFFECTIVE DATE This Ordinance shall take effect thirty days after its adoption, shall be certified as to its adoption by the City Clerk, and shall be published once in the Seal Beach Post and ~ave within fifteen days after its adoption, together with the names of the members of the City Council voting for and against the same. ADOPTED AND APPROVED THIS 5th day of ~arch, 1962. ~;-i--v.A<rtf ft.~. ~L WA-,~ M YOR . ATTEST: -~~~ I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 603 passed by the City Council of the City of Seal Beach at a regular meeting thereof held on the 5th day of March, 1962. I Dated: March 5, 1962 H~~~ , City Clerk ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: Jones, Gemmill, Gibbs Flanagan, Leonard None None I -4-