Ord 592 Aik
ORDINANCE NO. 592
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF CHAPTER 8.68 OF THE POWAY
SOLID WASTE, RECYCLABLES, YARD WASTEMUNICIPAL CODE REGULATING
AND OTHER COMPOSTABLES
HANDLING SERVICES
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WHEREAS, the City Council periodically finds it necessary
of its Municipal Code in response to changing conditions within the City;amend Chapter 8.68
City, and
WHEREAS, the City finds it necessary to amend the
Solid Waste Ordinance in
order to meet AB 939 State-mandated trash diversion requirements
: enforcement of its exclusive franchise agreement with EDCOts and to strengthen the
Waste and Recycling
Services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1:
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The City Council finds that the proposed amendments
to Ordinance, Chapter 8.68, are categorically exempt under Section 1530 the Solid Waste
Environmental Quality Act (CEQA). 8 of the California
:Section 2:
Chapter 8.68, Sections 8.68.100; 8.68.110, Subsection C; 8.68.130; 8.68.145,
Subsection D; and 8.68.330, Subsection C, are newly
adopted and shall read as follows:
y 8.68.100 Residential Solid Waste Collection Services--Fre
quency.
A. Franchisee shall collect and deliver to theappropriate
frequently than once per week, all solid waste, ec ab esolid waste facility, not less
compostables generated at single and multi-unit residentialpremises waste, and other
placed for collection. Rates (fee) shall be established for weekly curbsidewithin the City and
least two variable sizes of solid waste carts for automated collection collection of at
shall place all solid waste within the franchisee-provided waste cart, wwhich shall remain the
service. Customers
Property of the franchisee.
B. Service to residential customers shall also include an annual
- event for non-hazardous bulky items. The dates) for the commun ycommunity eventcleshall l
be determined and announced bythe Cityy clean-up shall
Council.
C. Recyclable materials shall be placed by residents
provided by the franchisee for automated collection vice,in a separate collection cart(s)
property of the franchisee. The cart shall be placed at the curb, except spall remain as otherwiste
pecified in the franchise agreement or this chapter. It is declared tobeunl
iSdemeanor for the occupant to fail or neglect to reasonablyawful andd a
a
9 and routinely separate
,. Ordinance No. 592
Page 2
recyclables as required herein. Occupants of residential premises shall be required
` bundle and tie all wood waste in lengths not to exceed four feet with a diameterofthreeto
i,
feet. Franchisee shall also include the collection and recycling, at no additional charge, of
telephone books and Christmas trees. The City may, at its discretion, add other materials
s
to be recycled at any time during the term of the franchise agreement.
8.68.110, Subsection C, Residential Collection—Special Services—Additional
Services to be Provided.
-- C. During the term of the franchise agreement, when such is declared by the City
z -- Council to be part of an annual cleanup campaign, the franchisee shall coordinate
r an
` . annual cleanup event for the disposal of bulky items such as, but not limited to, the
following: furniture--chairs, sofas, mattresses, rugs, etc.; appliances--washers dryers,
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water heaters plumbing p ing fixtures, refrigerators, TV's, small household appliances, etc.;
j i residential wood waste--tree branches, scrap wood, etc.; and scrap metal. Franchisee's
obligations and the determination of materials to be collected or specifically excluded from
collection shall be delineated in the franchise agreement. This annual cleanup event will
be conducted at no cost to the customer (except that a surcharge may be applied to the
disposal of refrigerators or other appliances containing Freon or similar contaminants, or
.:1 F monitors containing lead or other contaminants requiring special handling). Those
0110 residents exempted from using the mandatory franchise service, as described in Section
8.68.030B, are not eligible to participate in the "free" cleanup event nor are residents from
outside the City.
8.68.130 Residential Collection--Containers.
Franchisee shall provide residential customers appropriate containers for automated
,- collection of solid waste and recyclables. Two variable container sizes shall be made
. available to residential customers for the storage and collection of solid waste.
Plir Until implementation of anyautomated mated service program for the collection of yard
waste or other compostables as may be later directed, the standard size container for
residential yard waste collection services shall not exceed a standard 32-gallon container
or 50 pounds, unless otherwise agreed to by the City Council. The combined weight of the
,,4', container and contents shall not exceed 50 pounds unless the container is designed and
franchisee equipped for mechanical lifting. Franchisee shall affix to every metal or plastic
waste container which no longer holds yard waste or other compostables without spilling
or leaking, a bilingual, Spanish/English red tag advising that such a container is unsuitable
for presenting yard waste or other compostables for collection and the continued
that container will result in its disposal. use of
Ordinance No. 592
Page 3
fi; Section 8.68.145, Subsection DL Residential Collection—Placement of Containers for
Collection.
D. Repair and Replacement. Each owner or occupant of residential premises shall
reasonable supervision over the containers for waste and other compostables
providep yardP
on the premises and shall maintain the same in a sanitary condition. Franchisee shall
repair or replace all customer-owned residential containers damaged by collection
operations, normal wear and tear excluded. Franchisee shall retain ownership of
automated containers provided to residents for the purpose of storing solid waste and
recyclables. Franchisee shall replace and/or repair damaged automated containers during
the term of the franchise agreement. If the containers or receptacles should not be
emptied and the contents removed on the date and time scheduled by the franchisee,
occupant shall immediately notify the franchisee and it shall be the duty of the franchisee
to forthwith arrange for the collection and disposal of the solid waste, yard waste, and
other compostables, and/or collection of recyclables. However, should the owner or
occupant fail to place the materials at the designated location in time for regular collection,
the franchisee is not obligated to make a special, separate collection for the convenience
of the occupant and may require payment of an additional fee for such late collection.
Section 8.68.330, Subsection C, Prohibited Collection and Transportation.
40 C. When there is in force a franchise granted by the City pursuant to this Chapter,
any container placed within the boundaries of the City in violation of this Section shall be
deemed a nuisance. , ,
cause the abatementThe thereofCity inManageraccordanceor withhisor theher proceduredesigneeprescribedshallhave in
the this Sectionauthorityto.
When the City Council has granted a franchise pursuant to this Chapter, such franchisee
shall be the City Manager's designee for purposes of causing the abatement of such i1- nuisance and shall be authorized to enter upon private property or public property, in a
manner consistent with the United States and California Constitutions, to cause the
Y abatement of such nuisance. Upon notification to the City Manager of a violation of this
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Section, franchisee may, at franchisee's option, remove any container placed within the
boundaries of the City in violation of this Section, dispose of the contents thereof, and
store the container at franchisee's place of business. Franchisee shall promptly mail
written notice of its actions to the owner of the container and advise how the owner may
Irecover the container. Franchisee may bill the owner of the container for transportation
and disposal costs, and daily impound fees, as prescribed in the rate schedule established
from time to time by resolution of the City Council. All amounts due to the franchisee for
transportation, disposal and storage must be paid in full before the owner may recover the
y._ container. If the owner does not recover the container within sixty (60) days of the date of
the notice of abatement, the container shall be determined to be abandoned, at which time
Y it shall become the property of the franchisee. The action abating the nuisance may be
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appealed by the filing of a written notice of appeal in the office of the City Manager within
ten days of the date of written notice thereof. The City Manager shall set the time and
place for the hearing of the appeal that shall be within twenty days of the notice of appeal.
The decision of the City Manager shall be final. The indemnification of Section 8.68.600
shall extend to the abatement process.
Ordinance No. 592
Page 4
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after the date of its passage; and the City Clerk of the City of Poway is hereby authorized
to use summary publication procedures pursuant to Government Code Section 36933
utilizing the Poway News Chieftain, a newspaper of general circulation published in the
City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 27th day of January 2004, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 10th day of February 2004, by the following
roll call vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
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ABSENT: NONE
t vz
Michael P. Cart. :, Mayor
ATTEST:
jtailLS
Sherrie D. Worrell, Deputy City Clerk