Ordinance Number 837007
ORDINANCE NO. 837
AMENDING TITLE 6 OF THE MUNICIPAL CODE -
MUNICIPAL SOLID WASTE COLLECTION LAW
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 6-3.06 OF THE MUNICIPAL CODE, ENTITLED
"COLLECTION BY PERSONS OTHER THAN THE EXCLUSIVE SOLID
WASTE ENTERPRISE," AND SECTION 6-3.14 OF THE MUNICIPAL CODE,
ENTITLED "ENFORCEMENT AUTHORITY"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
WHEREAS, the City must comply with the California Integrated Waste
Management Act of 1989 (Public Resources Code Section 40000, et seq.) which, among other
things, requires the City to track the quantity of solid waste being generated in the City and to reduce
the total amount going to the landfill by 50%; and,
WHEREAS, to enable the City to comply with the California Integrated Waste
Management Act of 1989 and to better control solid waste handling services within the City,
procedures for enforcement of exclusivity are necessary.
SECTION 2. Code Amendments.
1. Title 6, Chapter 3, Section 6-3.14, "Enforcement - Authority," is hereby
amended in its entirety to read as follows:
"Section 6-3.14. Enforcement -Authority.
"(a) The City Manager and/or his or her designee shall have the authority to
enforce the provisions of this Chapter. This authority shall be in addition to the authority granted
to police officers pursuant to the Code.
"(b) Any dumpster, drop-off box, bin or other container, which is unlawfully
deposited in the City by any person engaging in solid waste handling services in violation of this
section, shall be subject to removal and impound by order of the City Manager or the City Manager's
designee. The owner or lessor of any equipment removed and impounded pursuant to this section
shall be liable to the City for payment of an impound fee, the amount of which shall be fixed by City
Council Resolution, in addition to the payment of any other fees or expenses incurred for the storage
of said equipment and/or the safe disposal of the contents thereof.
"(c) Authority to remove trash bins or drop-off boxes. If there is no valid permit
for a trash bin or drop-off box, or if the terms of the permit or of this Chapter are not complied with,
the City Manager, or the City Manager's designee, by notice may require the removal of any trash
bin or drop-off box."
"(d) Service of Notice. The notice referred to in Subsection (a) above shall be
posted upon the trash bin or drop-off box. The notice shall specify the violation and shall require
the removal of such encroachment within twenty-four (24) hours. Such notice shall be required one
(1) time only to any one owner of a trash bin or drop-off box. Following such posting, it shall be
conclusively presumed thereafter that the owner of the trash bin or drop-off box has knowledge of
the requirements of this Chapter. Future placement of a trash bin or drop-off box within the City by
a person or company that has been previously notified of such violation shall be deemed to be in
violation of the provisions of this Chapter and such notice shall not be required to be posted on said
trash bin or drop-off box."
2. Title 6, Chapter 3, Section 6-3.06(c) is hereby amended to add the following
sentence as the last sentence in Section 6-3.06(c):
"This section does not authorize a licensed general contractor to subcontract with any
person other than the City's exclusive solid waste enterprise to provide construction and demolition
debris removal of other solid waste handling services."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED
. 1999.
ATTEST:
CITY CL C
AND ADOPTED this 4th day of
J kGINER, MAYO
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oo
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
837 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on Apr; 1 2n 11999, and adopted at a meeting
held on May 4 , 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) (?A�
CHERYL JOAASOM, CITY CLERK.
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