Loading...
HomeMy WebLinkAboutOrd 538-1965 ORDINANCE NO. 538 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE ACC~TION, COLLECTION AND DIS- POSAL OF GARBAGE, RUBBISH, WASTE MATTER, AND FUSE; FIXING RATES TO BE CHARGED; AUTHORIZING THE ISSUANCE OF PE1OilTS AND NAKING OF CONTRACTS; REFUSE ABATEMENT BY CITY AT O~ER'S EXPENSE; DE- SIGNATING ENFORCEMENT OFFICERS, AND PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE The City Council of the City of South San Francisco does or- dain as follows: SECTION I. ESTABLISHHENT OF HEALTH RE~TIONS - DECLARATION OF INTENT. The City Council of the City of South San Francisco does hereby establish health and sanitation rules and regulations applicable to all lands and premises in South San Francisco as set forth in this ordinance. The intent of the City Council i~ adopting'this ordinance is to prevent accumulation of quantities of garbage and other refuse on all lands and premises within the boundaries of the City, except for dump sites approved by the City Council, in order that the public health and welfare of the in- habitants of the City and surrounding commugities may be protect- ed and preserved through strict regulation and supervision of all phases of accumulation, collection and disposal of refuse within the City. SECTION II. DEFINITIONS. (a) Garbage - The term "garbage", as used herein, shall mean and be held to include but not limited to all putrescible animal and vegetable wastes; all household wastes that have resulted from the preparation, consump- tion, decay or storage of anal tissue, meats, fish, fowls, birds, fruits or vegetables (not including human feces); and every accumulation of animal and vegetable waste from the establishments where food stuffs intended for human consumption are handled comn~rcially or from amy other establishment. (b) Rubbish - The term "rubbish", as used herein, shall mean and be held to include but not l~mited to waste pasteboard boxes, cardboard, plastics, rags, paper, straw, wood, sawdust, packing material, shavings, boxes, trim~ings from lawns, trees and flower gardens and other cumbustible materials. (c) Waste Matter - The term "waste matter", as used herein, shall mean and be held to include but not limited to waste crockery, glass, bottles, metal vessels, tin cans, ashes, shells, plaster, brickbats and all other similar non-combustible materials. (d) RefuSe - The term "refUse'', as used herein, shall mean and be held to include all types of waste mater- ials such as defined under the headings of "garbage", "rub- bish'', and "waste N~tter". (e) Person - The term "person", as used herein, shall mean and be held to include but not limited to a natural person, group of persons, partnership, firm, corporation, public or mu, icipal corporation, or association. (f) ~ - The term "City", as used herein, shall mean the C~-of South San Francisco. (g) Scavenger -~The term "scavenger", as used here- in, shall be construed to mean any person or independent contractor, or the agents or employees thereof with whom the City of South San Francisco shall have only contracted, as hereinafter provided, to collect~ receive, carry and/or transport garbage and/or rubbish and/or waste matter in accordance with the provisions of this ordinance. SECTION III. RECEPTACLES. All garbage shall, by the person upon whose premises the same shall have been produced or accumulated, be placed in a water- tight container or containers of not less than ten (10) nor more than fifty-five (55) gallons each, net capacity with pound- age limits set by the City Council, and of a design approved by the City Health Officer. Said container shall be kept clean, sanitary, continuously closed by a tight=fitting cover, except when sarbase is being dumped into or removed therefrom, and shall be closed to the access of flies, insects, animals and rodents. Said container ~rlth garbage therein shall be made easily and readi- ly accessible on the designated collection day for the area in which the said premises are located, not less than. once a week, to the "scavenger" authorized by the City to collect the same in accordance with the provisions of this ordinance. Premises shall include but not be limited to all those types enumerated in Sec- tion V. of this ordinance. SECTION IV. PLACE AND MANNER OF STORAGE. Ail refuse receptacles shall be located in such a place as to be readily accessible for ~emoving and emptying the same, but shall not be placed within the limits of any street, road, avenue, way, alley, public place or block any sidewalk or be placed any- where so as to constitute a nuisance. SECTION V. COMPULSORY PARTICIPATION. The owner(s) or occupant(s) of each and every single family residential unit, multiple dwelling, occupied hotel, apartment house, rooming house, motel, auto court, trailer park, or other place of abode located in the City, and the owner(s) or occupant(s) of each and every premises occupied for business, co~mercial or industrial use located in the City, shall arrange for and have garbage collection service as herein specified and shall pay a fee therefor, established pursuant to Section XX. of this ordin- ance. SECTION VI. EXEMPTION FOR PERSON NOT ACCUMULATING GARBAGE ON PREMISES. Section V. shall not be applicable to any person who is~%~ued an Exemption Certificate by the Health Officer of the City. Said Certificate shall be issued at no cost to the person, if said per- son demonstrates to the Health Officer that no garbage is accumu- lated on the premises which are owned or occupied by said person. If the person applying for the Certificate is denied same, said person may within ten (10) days from date of denial file with the City Clerk for a hearing before the City Council. The issue at the hearing shall be to determine whether or not the person ac- cumulates garbage on the premises. If the City Council determines that no garbage is accumulated on the premises, they shall order the Health Officer to issue the Certificate. If the City Coun- cil determines that garbage is accumulated on the premises, their finding shall be conclusive and Section V. will be applicable to the person. If the person fails to file for a hearing before the City Council within the ten (10) day period described above, the Bealth Officer's denial shall be conclusive and final. How- ever, said person may reapply for an Exemption Certificate after three (3) months have elapsed from the date the last denial ~as conclusive and final. Premises as used in this Section shall in- clude but not be limited to all those types enumerated in Section V. Section VII. APPROVED GARBAGE DISPOSAL UNIT EVIDENCE OF NOT A~TING C, ARBAGE ON PREMISES. A properly functioning garbage disposal unit, duly installed in accordance with City ordinances and approVed by the Cityts Di- rector of Public Works and installed in the premises, may be evidence of not accumulating garbage. The approval or disapproval of said garbage disposal unit by the Director of Public Works shall be based on whether or not the use of said garbage disposal unit to dispose of garbage would cause an overburdening or sur- charge on the City's sewer system so as to endanger the public health, comfort and general welfare. If a hearing is held be- fore the City Council as described in Section VI. of this ordin- ance, the City Council shall also make a final and conclusive determination as to whether or not said garbage disposal unit should be approved and, if approved, ~hether or not the existence of said garbage disposal unit demonstrates that there is not accumulation of garbage on the premises. Premises as used in this Section shall include but not be limited to all those types enumerated in Section V. of this ordinance. SECTION VIII. COLLECTION OF REFUSE. Collections of garbage, rubbish, and waste matter shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any asreement between City and any "scavenger". The comtents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the Health Officer, as being a satisfactory vehicle for such purpose by having a water-tight portion in which the re- fuse is to be deposited and an adequate cover to prevent refuse and/or offensive or noxious fumes or odors escaping therefrom. The "scavenger" shall remove any refuse spilled by it on stairs, yards, streets, alleyways, or other private or public places, ex- cept d~!m? sites, and clean said places. SECTION IX. SEGREGATION. The producer or owner of garbage, rubbish and waste matter may elect to segregate rubbish and waste matter from ~arbage and the same may be placed in a box or barrel located near the water- tight container, but the material so segregated shall be kept in a dry condition and in such a manner as not ho be offensive, or attractive to flies, insects, animals or rodents, and so as not to create a nuisance or fire hazard. All cardboards and wooden boxes except containers for refuse or waste matter under this Section shall be broken up so as to facilitate the collection of the same by the "scavenger". Such refuse shall be delivered to said "scavenger" in the same manner as the contents of the said water-tight container(s), or transported to a dump site as set forth in Sections XlII. and XIV. of this ordinance. SECTION X. NO DEPOSIT OR BURNING. It shall be unlawful for any person to deposit, place or burn refuse of any kind upon public streets, alleyways or pub- Ifc places or upon private lands or premises, except as provided in this ordinance. Dry refuse, except garbage, may be burned by owners or producers of the same only after they have obtained a permit from the ~City Fire Chief. The permit shall be denied if said burning would endanger the health, safety or welfare of the inhabitants in the vicinity or surrounding areas. Said burn- inS shall never be allowed to create any offensive odor, smoke screen or nuisance. SECTION XI. DISPOSAL OF REFUSE. All refuse collected by the "scavenger" shall be disposed at a dump approved by the City in such a manner as to comply with all State~ County, City or District regulations coverning such dumps. SECTION XII. PERMIT TO COLLECT AND TRANSPORT REFUSE. It s~all be unlawful~ except as herein provided, for any person to collect, transport or carry refuse over any streets or public places of the City unless such person is an agent or employee of the City acting within the scope of his employ- ment or has been awarded a contract as an independent contractor by. the City as "scavenger" or duly licensed junk collector or others specifically licensed by City to collect salvagable mater- ials, proVided that the City ~anager with the approval of the City Council may issue permits to transport or carry refuse over said streets to the "scavenger" of any other City or public agency if said Council finds and determines that said permit is in the public interest and will not impair the contractural rights of the "scavenger" of the City of South San Francisco; or the health, welfare or comfort of the inhabitants of the flity. SECTION XlII. TRANSPORTATION BY INDIVIDUAL BUSINESS. Nothing in this ordinance shall prohibit a person or his employee from transporting, without spilling, refuse, other than garbage, on City streets without obtaining any permit for pur- poses solely incidental to the conduct of his individual, lawful business within the City. SECTION XIV. TRANSPORTATION BY INDIVIDUALS. Nothing in this ordinance shall prohibit a person from transporting, without spilling, his own refuse other than gar- bage on City streets without obtaining any permit for purposes solely incidental to the maintenance of his individual residence. SECTION XV. USE OF MARINA DISPOSAL SITE BY PERSON, FIRM, OR CORPORATION RESIDING IN OR LOCATED WITHIN THE CITY; PERMIT; RATES. During the hours that the Marina disposal site shall be kept open for public use, any person, firm or corporation resid- ing in or located within the City may deliver to and use the Marina disposal site as follows: (a) Lawn Trim~tn~s: Lawn trimmings, hedge trimmings, cuttings and flowers, provided'said trimmings, cuttings and flowers originate on and are taken from property which is located within the City, may be delivered to and deposited on said Marina disposal site at a location designated by the superintendent on duty without charge. (b) Refuse excludinl garbage: Refuse, excluding garbage, which originates on and is taken from property which is located within the to and City may be delivered deposited on-said Marina dis- posal site at a location designated by the superintendent on duty, provided that a permit is obtained from the City Clerk, and the fees established pursuant to Section XX. of this ordinance are paid. SaidMarina disposal site is shown on the map entitled "Proposed Sanitary Fill Area, South San Francisco Marina, Drawing No.27 2680, dated 7/12/63, revised 12/26/63", which is attached to and is part of the specifications entitled "Specifications for Construction of Sanitary Fill Extending Easterly on Tide- lot 3 and 4 from Present Parking Area of South San Fran- cisco Marina". SECTION XVI. ENFORCEMENT OFFICERS. The City Health Officer or other officials of the City who are authorized by the City Manager shall be the enforcement of- ficers under chis ordinance, and they shall have the right upon presentation of their official credentials to enter at a reason- able hour upon any and all lands and premises in the City for the purposes of determining the sanitary conditions thereof and ascertaining whether the terms of this ordinance are being complied with, and any person denying or obstructing such entry shall be subject to the penalties as provided in this ordinance. SECTIONXVII. REFUSE ABATEMENT BY CITY AT OWNER'S EXPENSE. (a) Accumulation of Refuse Prohibited: No person shall permit, cause, create or allow to be accumulated on or about his premises refuse or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity in a manner other than as provided in this ordinance. In the event a person accumulates refuse or said other material on or about his premises not in conformity with this ordinance, the Health Officer shall gather competent evidence to show ·hat a public nuisance exists. Competent evidence shall in- clude but not be limited to: 1. Witnesses; 2. Affidavits; and 3. Photographs (b) Acc ation Refuse may um~ of be Declared a Public Nuisance: The ~alth officer shall present the above evidence to the City Council at a regular or special meeting and the City Council, after presentation of the evidence, may declare lO. the accumulation of refuse a public nuisance by resolution, and abate it. The resolution shall: 1. Refer to the street by its COmmonly known name~ 2. Describe the property upon or about which the nuisance exists by giving its lot and block number ac- cording to the official or City assessment map. Any number of parcels of private property may be in- cluded in one resolution. (c) Notices - Manner of PostinR: After passage of the resolution, the Health Officer shall cause notices to be conspicuously posted on or in front of the property upon or about which the nuisance exists. He shall post: 1. One notice to each separately owned parcel of property of not over fifty feet (50') frontage. 2. Not more than two notices to any such parcel of one hundred feet (1OO') frontage or 'less. 3. Notices at not more than one hundred feet (100') apart if the frontage of such a parcel is great- er than one hundred feet (lOOt). (d) Notices - HeadinR: The heading of the notices shall be "NOTICE TO RE- MOVE REFUSE" in letters not less than one inch (1") in height. (e) Form of Notice: The notice shall be substantially in the follow- ing form: NOTICE TO I~MOVE REFUSE Notice is hereby given that on the day of , 19 . , the City Council of the City of South San Francisco passed a resolution declaring that refuse was upon or about this premises in South San Francis- co, and more particularly described in the resolution, and that said refuse constitutes a public nuisance which must be abated by the re~oval of the refuse in compliance with the ordinances of said City. Otherwise, it will be re~ovedand the nuisance abated by the City and the cost of re~oval assessed upon the land from or about which the refuse is re- moved and will constitute a lien upon such land until paid. Reference is hereby ~ade to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk. Ail property owners having any Objections to the pro- posed removal of refuse are hereby notified to attend a meet= lng of the City Council of the City of South San Francisco to be held on , 19 .... , when their objections will be heard and given due consideration. 12. Dated this day of , 19, . Health Ogficer (City of South San FranCisco) (f) Notices - Ti~e of Posting: The notices shall be posted at least five (5) days prior to the time for hearing objections by the City Council. (g) Notices - Hailing of Notices by City Clerk: As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the City Clerk to mil written notice of the proposed abatement to all persons owning property de- scribed in the resolution. The City Clerk shall cause such written notice to be mailed to each person to whom such de- scribed property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The City shall re- imburse the County for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement. The notices mailed by the City Clerk shall be mailed at least five (5) days prior to the time for hearing objections by the City Council. 13. The notices mailed by the City Clerk shall be substan- tially in the form provided in (e) above, except that no- tices shall be signed by the City Clerk and the heading of the notice need not comply with (d) above. (h) HearinK of Objections - Continuances: At the time stated in the notices, the City Council shall hear and consider all objections to the proposed re- moval of refuse. It may continue the hearing from time to time. (i) Decisionupon Objections - Acquisition of Juris- diction by City ~ouncil: By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At that time the City Council acquires jurisdiction to proceed and perform the work of removal. (j) .Decision of C~t¥ Council is final: The decision of the City Council is final. (k) Order to Abate Nuisance- Form of Order: If objections have not been made or after the City Coun- cil has disposed of those made, it shall order the Health Officer to abate the nuisance by having the refuse removed. The order shall be made by motion or resolution. (1) Entry Upon Private Property to Abate Nuisancw: The Health Officer may enter upon private property to 14. abate the nuisance w~th all necessary men and equipment. (m) Removal o£ Refuse by Property O~mer: Before the Health Officer arrives, any property owner may remove the refuse at his own expense. (n) Account of Cost of Abatement - Submission of itemized Report to City Council: The Health Officer shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the City COuncil for confirmation an itemized written report showing such cost. (o) Posting Copy of Report: A copy of the report shall be posted for at least three (3) days prior to its submission to the City Council on or near the chamber door of the City Council, with a notice of the time of submission. (p) Hearin~on Report - Hodification - Confirmation of Reportb¥ Hot,on or Resolution: At the time fixed for receiving and considering the re- port, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then oonfirm the report by motion or resolutiono (q) Abatement ~f Nuisance by Contracts - Lettinz of ~ontraCts Account and Su~=isslon o~ itemized ~e- port by Co~tractors: 15. Abatement of the nuisance may in the discretion of the City Council be performed by contract a~arded by the City Council and said work shall be personally supervised by the City Health Officer. In such event, the contractor shall keep the account and submit the itemized written re- port for each separate parcel of land required by above. (r) Cost of Abatement Constitutes Special Assessment - Lien: The cost of abatement about or upon each parcel of land constitutes a special assessment asainst that parcel. After the assessment is made and confirmed, it is a lien on the parcel. (s) RecordinR of Lien: The amount of the lien shall be added to the next suc- ceeding tax bill issued against the affected real property and shall be collectible at the same time and in the same manner as general mnicipal real property taxes are collected and, tn addition, shall be subject to the same penalties and~pro- ceedings in the event of delinquency. Further, the City Coun- cil may cause to be filed in the office of the Recorder of the County of San Mateo a certificate in substantially the following form: 16. "NOTICE OF LIEN Pursuant to the authority deriving by the provisions of Ordinance No. of the City of South San Francisco, County of San Marco, State of California, said City of South San Francisco did, on the day of , 19 , cause a nuisance to be abated on the real property here--~f~after described and did, on the day of , 19~, by action duly recorded in its official minutes of said--d~te, assess the cost of such abatement. Of said cost there remains unpaid to the City of South San Francisco the sum of Dollars ($ ), and therefore said City of South San Fran- cisco does hereby claim a lien upon said real property in the amount of said unpaid balance, namely, in the amount of Dollars ($ ), ~ogether with interest calculated thereon at the rate of six percent (6%) per annum from said .. day of , 19 , until said amount has been paid in full and this lien ~i~eharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is all that certain pactel or parcels of real property situate in the City of So, th San Francisco, County of San Marco, State of Califor~t&, and particularly described as follows, to wit: Dated this day of , 19 . CITY OF SOUTH SAN FRANCISCO By Mayor City of South San Francisco ATTEST: City Clerk" 17. From and after the date of the recording of the No- tice of Lien in the Office of the Recorder of the County of San Hateo, as in this Section provided, all persons 'shall be deemed to have full noticethereof, and no Statute of Limitations shall z~n against the right of the City of South San Francisco to enforce the full payment of said lien. (t) Entry of Assessments Upon County Tax Roil: The County tax collector or duly authorized officer shall enter each assessment on the County tax roll opposite the parcel of land. (u) Collection of Assessment - Penalties and Procedure for ~'oreclosUre: The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosureaand sale provided for ordinary mu- nicipal taxes. (v) Collection of Assessment - Alternative Nethod - Insurance of Separate wills and ~eceipts: As an alternative method, the County taxcollector in his discretion m~y collect the assessmgnts without reference to the general taxes by issuing separate bills and receipts for the assessments. (w) Application of Laws Relati~ to Levy, Collection and Enforcement of County zaxes: 18. Laws relating to the levy, collection and enforcement of County taxes apply to such special assessment taxes. (x) Receipts of Amounts and Issuance of Receipts by Health Officer: The Health Officer may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report but prior to entry of the assess- ment on the County tax roll. (y) Refund of Tax Erroneously Levied - Filin; Claim - When Claim must be Filed - Verification: The City Council may order refunded all or part of a tax paid pursuant to this ~ection if it finds that all or part of the tax has been erroneously levied. A tax or part of tax shall not be refunded unless a claim is filed by the same time and in the same manner as required for general municipal real property tax refunds. SECTION XVllI. AWARD OF CONTRACT. The City Council may award a contract or franchise for the collection and disposal of refuse to any person as independent 19. contractor, which the Council believes best qualified and equipped to perform the work of a "scavenger". The said con- tract shall require the "scavenger" to collect, remove and dispose of refuse in the City in accordance with the provisions of this ordinance and in conformance with such regulations as may be prescribed by the Health Officer, or such other officer as may be hereafter designated by City, and shall fix the com- pensation to be paid the "scavenger" therefor. It shall require the said "scavenger" to furnish a surety bond of not less than Five Thousand Dollars ($~,000.00), conditioned upon the faithful performance of bis contract and shall require the said "scavenger" to carry Workmen's Compensation Insurance and Property Damage and Public Liability Insurance in amounts to be determined by the Council. Such contract may be subject to renewal if, in the discretion of the City Council, time, circumstances and con- ditions warrant such renewal. SECTION XlX. COLLECTION OF FEES. The "scavenger" shall have authority to charSe such fees for refuse collection service as are established pursuant to Section XX. of this ordinance. SECTION XX. ESTABLISHMENT OF COLLECTION RATES: DUMP SITE F~ES. The City Manager shall, on or before the first day of Febru- ary, annually submit a report to the City Council containing an analysis of the refuse collection service and dump site oper- 20. ation for the preceding year, and a recomendation for an crease or decrease in refuse collection rates (including rates applicable to abatement proceedings) and dump site fees to be charged by the "scavenger". The City Council~ after reviewing the report and other relevant ~aterial, shall establish by re- solution refuse collection rates and dump site fees to be charged by the "scavenger". Within fifteen (15) days after its passage, the City Clerk shall cause said resolution to be published once in a newspaper of general circulation, published and circulated in the City of South San Francisco. SECTION XXI. INTERFERENCE UNLAWFUL. It shall be unlawful for any person in any manner to inter- fere with the collection or disposal o£ garbage, refuse or waste matter by any person authorized by license, franchise or contrazt to collect or dispose of the same. SECTION XXII. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, said decision shall not affect the validity of the remaining portions of this ordinance. This Council hereby declares that it would have passed this ordinance, and each section, sentence, clause and phrase hereof irrespective of the fact that any one or some other section, sentence, clause or phrase be declared unconsti- tutional or invalid. 21. SECTION XXlII. NON-WAIVER CLAUSE. Nothing in this ordinance shall relieve a person from complying with all other City, County, State and Federal, health, safety, sanitation, licensing and other law requirements. SECTION XXIV. PENALTY FOR VIOLATION. Any person who shall violate any provision of this ordin- ance shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the County Jail not to exceed six (6) months, or by both such fine and im- prisonment. SECTION XXV. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once, as required by law, in the "Enterprise-Journal", a newspaper of general circulation printed and published in the City of South San Francisco, and shall take effect and be in force thirty (30) days from and after its pa~age and adoption. * * * * Introduced this 18th day of October , 19 ,65. Passed and adopted, a~ an ordinance of the City of South San Francisco at a adjourned regular meeting of the City Council of the City of South San Francisco this 25th day of October , 1965 , by the following vote: A~ES, COUNCILMEN Frank Bertucelli. Patrick H. Ahern. ~-milio Corte$i. Andrew Rocca and Guido 3. Rozzi NOES, " None ABSENT, " None As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 25~. day of October , 19 65 23.