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HomeMy WebLinkAboutOrd 721-1976FOLLOWS: · ORDINANCE NO. 721-76 AN ORDINANCE AMENDING ORDINANCE NO. 538, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE ACCUMULATION,.COLLECTION AND DIS- POSAL OF GARBAGE, RUBBISH, WASTE ~.~TTER AND RE- FUSE; FIXING RATES TO BE CHARGED; AUTHORIZING THE ISSUANCE OF PERMITS AND MAKIltG OF CONTRACTS; REFUSE ABATEMENT BY CITY AT OWNER'S EXPENSE; DESIGNATING ENFORCEMENT OFFICERS, AND PROVIDING PE~IALTIES FOR VIOLATION OF THIS ORDINANCE", ADOPTED OCTOBER 25, 1965. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION I. ORDINANCE REFERE;ICE. When the words "Ordinance 538" are used herein, the same shall mean "An Ordinance of the City of South San Francisco Regulating the Accumula- tion, Collection and Disposal of Garbage, Rubbish, Waste Matter and Refuse; Fixing Rates to be Charged; Authorizing the Issuance of Permits and Making of Contracts; Refuse Abatement by City at Owner's Expense; Designating Enforce- ment Officers, and Providing Penalties for Violation of this Ordinance", adopted October 25, 1965, as amended. SECTION II. AMENDMENT OF SECTIONS IV, V, XVIII, XIX, XX AND XXIV OF ORDINANCE NO. 538. ~ Sections IV, V, XVIII, XIX, XX and XXIV of Ordinance 538 are hereby amended to read: SECTION IV. LOCATION OF RECEPTACLES ON DESIGNATED COLLECTION DAYS. Garbage receptacles shall not be placed within the limits of any street, road, avenue, public way, alley or public place, or in a manner which blocks a sidewalk or constitutes a public nuisance in complying with the provisions of this Section. On the designated collection date, garbage receptacles shall be placed as hereinafter set forth. A. Single Family, Duplex and TriPlex Resi- dential units. Garbage receptacles for single family, duplex and triplex residential units shall be placed in an accessible area on the premises within eight feet (8') of the face of the curb, or in absence of a curb, not less than eight feet (8') from the edge of the improved right of way. An alternate location may be per- mitted for (1) the premises of a dis- abled person, and (2) the premises for which such a location may constitute a nuisance. B. Apartments, Manufacturing, Commercial and Other Premises Not Described in Section A. Garbage receptacles shall be located in a place on the premises which is readily accessible for removal and emptyin§ by City's contractor or franchisee. SECTIO~I Vo COMPULSORY PARTICIPATION. The following shall arrange for and have garbage collection 'service as specified herein and in the con- tract or franchise award by City, and shall pay the rates and charges for refuse collection service as are established pursuant to Section XX of this Ordinance. A. Owners or occupants of each and every single family residential unit; B. Owners of each and every multiple dwelling unit, occupied hotel, apartment house, rooming house, motel, auto court, trailer park, or other such place of abode located in the City; C. Owners or occupants of each and every premises occupied for business, commercial or industrial use located in the City. SECTION XVIII. AWARD OF CONTRACT. The City Council may award a cOntract or franchise for the collection and disposal of refuse to any person as independent contractor which the Council believes best qualified and equipped to perform the work of a "scavenger". The said contract 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 desig- nated by City, and shall fix the rates and charges to be collected by ~scavenger" therefor. It shall require the said "scavenger" to furnish a surety bond of not less o than Five thousand dollars ($5,000), conditioned upon the faithful performance of his contract and shall require the said "scavenger"to carry Workmen's ~ompensation Insur- ance 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 conditions warrant such renewal. SECTION XIX. COLLECTION OF RATES AND CHARGES. The "scavenger" shall have authority to charge such rates and charges for refuse collection service as are established pursuant to Section XX of this Ordinance. SECTION XX. ESTABLISHMENT OF RATES AND CHARGES. The City Council, by Resolution, shall establish the rates and charges collectible by "scavenger" for refuse services,and within fifteen (15) days after adoption, said Resolution shall be published once in a newspaper of general circulation published and circu- .lated in the City of South San Francisco. Prior to so establishing said rates and charges, a public hearing shall be held, with notice thereof so published ten (10) days prior to said hearing. The Counc'il shall consider the presentation of the "scavenger", financial analyses of City staff, quality of service, presentation of interested parties at said hearing, and reasonableness of the rates and charges or proposed modification thereof, to assure rates and charges will constitute reasonable compensation for the service and will not be excessive. SECTION XXIV. PENALTY FOR VIOLATION. Any person violating any of the provisions or failing to comply with any of the mandatory provisions of this Ordinance shall be guilty of an infraction and shall be punishable by (1) a fine not exceeding Fifty dollars ($50) for a first violation; (2) a fine not exceeding One hundred dollars ($100) for a second vio- lation within one (1) year; and (3) a fine not exceed- ing Two hundred fifty dollars ($250)for each additional violation within one (1) year. Each such person shall be guilty of a separate offense for each and every day during any portion of which said violation is committed or permitted by said person. SECTION III. REPEAL OF SECTIONS VI , VII AND XV OF ORDINANCE N0.538. SectionS VI, VII and XV of Ordinance No. 538, are hereby repealed. SECTION IV. REPEAL OF ORDINANCE NO. 591. The following Ordinance is hereby repealed: Ordinance No. 591 adopted March 17, 1969,entitled "An Ordinance Amending Ordinance No. 538 Entitled 'An Ordinance of the City of South San Francisco Regulating the Accumulation, Collection and ~ I i T · II III Disposal of Garbage, Rubbish, Waste Matter and Refuse; Fixing Rates to be Charged; Authorizing the Issuance of Permits and Making of Contracts; Refuse Abatement by City at Owner's Expense; Designating Enforcement Officers and Providing Penalties for Violating of this Ordinance'." SECTION V. 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 passage and adoption. Introduced this 17th day of Novem~r , 1976. Passed and adopted as an Ordinance of the City of South San Francisco at a reg,lar meeting of the CityCouncil of the City of South San Francisco this 1st day of De~emb~r , 1976, by the following vote: ' AYES, COUNCILMEN .Richard a. Battaglia, William A. Borba, Emanuele N. Damonte, Terrg J. Mirri and Leo Padreddii NOES, " None ABSENT, " None ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this !st day of z~oemaer , 1976. Mayor Disposal of Garbage, Rubbish, Waste Matter and Refuse; Fixing Rates to be Charged; Authorizing the Issuance of Permits and Making of Contracts; Refuse Abatement by City at Owner's Expense; Designating Enforcement Officers and Providing Penalties for Violating of this Ordinance'." SECTION V. 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 SJuth San Francisco, and shall take effect and be in force thirty (30) days from and after its passage and adoption. Introduced this at a regular San Francisco this vote: * * * 17th day of November , 1976. Passed and adopted as an Ordinance of the City of South San Francisco meeting of the City Council of the City of South day of ~ber , 1976, by the following AYES, COUNCILMEN R/chard a. Battaglia, William a. Borba, Emanuele N. Da~nte, Tefax] J. Mirri and Leo NOES, " ATTEST'~~.~ C As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this lst day of m~(~mber , 1976. Mayor