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HomeMy WebLinkAbout1132 Waste Collection updatesORDINANCE NO. 1132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 4421, 4425, 4441, 4444, 4446, 4460, 4461 AND 4463, AND REPEALING SECTIONS 4422, 4423 AND 4444 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE I. Sections 4421, 4425, 4441, 4446, 4460, 4461, and 4463 of the Ukiah City Code are amended to read as follows 4421: GARBAGE AND RUBBISH; APPROVED RECEPTACLES: Any and all garbage, refuse or rubbish deposited, kept or accumulated or permitted to be deposited, kept or accumulated within the City shall be in receptacles approved for said use by the City Manager or in a collection contract approved by the City Council. Containers for Recyclable materials, as defined in Section 4480.K, shall be kept in receptacles in accordance with Section 4487. Each such receptacle for garbage, including its cover, shall, upon the outside, be kept clean from accumulating grease or decomposing material. 4425: LOCATION OF REFUSE RECEPTACLE OF USER TO CONTRACTOR'S 1 SERVICE: All receptacles for the accumulation of garbage, refuse or rubbish in the City maintained on property of customers subscribing to contractor's service shall be kept or placed in the following manner during the time for collection, and shall be accessible to the contractor at all times without the use of key or entering the above named buildings unless special arrangements are made with the contractor. Any such accumulation shall be placed on the street frontage of the property in the case of single family residences, including duplexes or other residences, as directed by the City Manager or a collection contract approved by the City Council, and in the case of all other premises in a location easily accessible to the contractor and its collection vehicles, as approved by the City Manager or by a collection contract approved by the City Council. 4441: DUTY OF CONTRACTOR TO REMOVE USER'S REFUSE: All garbage, rubbish and refuse of any kind shall be removed by the contractor from all premises and establishments within the corporate City on a schedule as established by a collection contract approved by the City Council. The owner or person in charge of any premises that does not subscribe to the contractor's collection service shall remove solid waste from the premises at least once each seven (7) days unless sooner directed by the City Manager or City Health Officer of the City. 4446: IRREGULAR COLLECTION; DUTY OF CONTRACTOR: It shall be the duty of the contractor to make such irregular collections within such time period at such rates as are established by resolution of the City Council or a collection contract approved by the City Council. 4460: AUTHORITY TO CONTRACT: The City may enter into a contract for the disposal of collection of refuse, garbage and for rubbish for a period not to exceed fifteen (15) years, subject to the terms and conditions of this Chapter. If in the determination of the City Council said contractor or contractors shall have satisfactorily performed such contract or contracts, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of any such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall or if the collection contract shall so provide deem necessary and appropriate, and shall permit such an extension by the contractor on such terms and conditions as the collection agreement shall provide. 4461: CONTRACT PROVISIONS: A contract for the collection of garbage, refuse and rubbish within the City may contain provisions setting forth the collection services the contractor will provide, the charges for performing the services, an exclusive franchise for the collection of all refuse, garbage or rubbish and the right to transport same on City streets, requirements for the use of a local office, insurance and performance and payment bond requirements, and any other provisions related to waste collection services deemed by the City Council necessary or useful to assure the safe and efficient collection and disposition of solid waste within the City. 4463: COLLECTION FOR HIRE BY UNAUTHORIZED PERSON PROHIBITED; EXCEPTION: No person not the contractor or the City shall for hire or other remuneration collect or dispose of or engage in the business of collecting or disposing of any refuse, rubbish or garbage from or within the corporate limits of the City, except as may be allowed in a collection contract approved by the City Council. II. THE FOLLOWING SECTIONS OF THE UKIAH CITY CODE ARE HEREBY REPEALED: 4422, 4423 AND 4444. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. 2 Introduced by title only on November 16, 2011, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None Adopted on December 7, 2011, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: one Mari Rodin, Mayor ATTEST: oAnne Currie, City Clerk 3