HomeMy WebLinkAbout605 Adding Amending Repealing Ch. 5)~)
ORDINANCE N0. 605
ORDINANCE OF THE CITY OF UKIAH ADDING, AMENDING
AND REPEALING SECTIONS OF CHAPTER 5, DIVISION 5,
OF THE UKIAH CITY CODE
The City Council of the City of Ukiah does ORDAIN as follows:
SECTION 1. Section 4402 of the Ukiah City Code is amended to read:
Section 4402 - "City" defined:
"City" shall mean the City of Ukiah, California as delineated by
its corporate limits.
SECTION 2. Section 4404 of the Ukiah City Code wherein City Engineer is defined
is repealed in its entirety and is replaced by the following code section
similarly numbered which reads as follows:
Section 4404 - "City Manager" defined:
The definition of City Manager as found in Chapter 3, Article 1 of
this code is referred to by reference and incorporated herein as if fully
set forth as are the descriptions of his powers and authorities.
SECTION 3. Section 4410 of the Ukiah City Code wherein subscriber is defined is
repealed in its entirety and is replaced by the following code section
similarly numbered which shall read as follows:
Section 4410 - "User" defined:
"User" shall mean any person, firm, or corporation serviced by Con-
tractor for the purpose of removal and disposal of refuse from every resi-
dence, business, or other dwelling of any type.
SECTION 4. Section 4411 is added to Article 1, Chapter 5, Division 5, of the
Ukiah City Code and reads:
Section 4411 - "Gross Revenue" defined:
"Gross Revenue" shall mean and include all amounts received by Con-
tractor for the operation of the rights hereunder granted, including, but
not confined to, all payments from users, all dump fees received, any
salvage payments received, and any subsidy payments made to Contractor
from whatever source.
SECTION 5. Section 4412 is added to Article 1, Chapter 5, Division 5, of the
Ukiah City Code and reads:
Section 4412 - "Extraordinary Rates" defined;
"Extraordinary Rates" shall include but not be limited to those rates
set by the City Council for irregular collections, collections in excess
of those established forbasic domestic service, any collections made ex-
ceeding basic standards, and rates set above the standard for refuse,
garbage, and rubbish brought to the disposal area.
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SECTION 6. Section 4421 of the Ukiah City Code is amended to read:
Section 4421 - Garbage; metal and other approved receptacles; maximum weight;
Any and all garbage deposited, kept, or accumulated, or permitted to be
deposited, kept, or accumulated within the City of Ukiah shall be in a metal
receptacle provided with handles or other receptacles approved for said use
by the City Manager. Each of said receptacles shall have a capacity of not
less than five gallons and shall not exceed a capacity of thirty gallons,
and shall be provided with a close fitting metal lid or other suitable cover-
ing at all times except when necessarily opened to permit garbage to be
taken therefrom or to be deposited therein. Each such receptacle for gar-
bage, including its cover, shall upon the outside be kept clean from accumu-
lating grease or decomposing material. No container shall be loaded heavier
than seventy pounds.
SECTION 7. Section 4422 of the Ukiah City Code is amended to read:
Section 4422 - Ruhbish; maximum weight:
Any and all rubbish deposited, kept, or accumulated or permitted to be
deposited, kept, or accumulated within the City of Ukiah shall be in a suit-
able box or boxes, barrels, or other suitable receptacles or a binding or
wrapping sufficient to hold and securely contain any rubbish placed therein
uneffected by wind, rain, and other elements or by natural decomposition,
but shall not be loaded heavier than seventy pounds nor exceed a length of
four feet or a diameter of two feet.
SECTION 8. Section 4425 of the Ukiah City Code is amended in the following manner:
Section 4425 shall have the word "subscribers" deleted from its title and
in its place the word "user" is substituted; said section is further amended
in such a manner as Co replace the word "subscribing" found in Line 7 of the
aformentioned code section with the word "using".
SECTION 9. The last sentence of Section 4433 of the Ukiah City Code which begins,
"all persons using these facilities ." is repealed. Said section is
further altered in that the second sentence of said section shall now be
amended and read as follows:
Provided such hauling and disposal shall at all times be subject to
the approval of the City Manager and City Health Officer and provided
further that the fee of seventy-five (75~) cents is paid to the Contractor
or to his representative at the disposal site for each cubic yard or fraction
thereof of refuse, garbage, or rubbish disposed of at the site.
SECTION 10. Section 4441 of the Ukiah City Code is amended to read:
Section 4441 - Duty of Contractor to remove user's refuse at least once
each seven days:
All garbage, rubbish, and refuse of any kind, shall be removed by the
Contractor from all premises and establishments within the corporate City
limits at least once each seven days unless sooner directed by the City
Manager or City Health Officer of the City of Ukiah.
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SECTION 11. Section 4442 of the Ukiah City Code is amended to read:
Section 4442 - Duty of Contractor to remove refuse immediately upon direction
of City Manager or City Health Officer:
It shall be the duty of the Contractor when directed by the City Manager
or the City Health Officer of said City of Ukiah to immediately call at any
premises in the City of Ukiah, to which the Contractor may be directed by
said officials, and where refuse, garbage, or rubbish is accumulated and
there collect and remove said garbage, rubbish, or refuse considered by such
officers to be a health or safety menace in accordance with provisions of
this chapter. Such cost involved in said removal shall be paid for by the
property owner or tenant.
SECTION 12. Section 4443 of the Ukiah City Code is repealed in its entirety and
is replaced by the following code section similarly numbered which shall read
as follows:
Section 4443 - Maximum rates for refuse collection, extraordinary rates:
The City Council shall adopt maximum rate schedules and extraordinary
rate schedules to cover all fees relating to refuse, garbage, or rubbish
collection at the time bids are sought for a contract for collection. Said
rate schedule shall become part of the bid specifications and upon acceptance
of a bid, the City Council shall cause to havepublished said rate schedule
for the public benefit. That rate set by the City Council which is designated
as the basic rate for service either domestic or commercial shall be paid by
and charged against every residence, business or other dwelling of any type
located within the corporate city limits of the City of Ukiah.
SECTION 13(a). The first sentence of Section 4444 of the Ukiah City Code is
amended to read:
Section 4444 - Maximum rates to include unlimited amounts of rubbish:
The maximum rate for collecting and removal of refuse as set by the
City Council shall include without additional charge, the collection, re-
moval and disposal of an unlimited number of additional containers of
rubbish only per collection each container individually not to exceed those
standards set forth in Section 4422 of the Ukiah City Code.
13(b). The second sentence of the previously set out Section 4444 is
amended to read:
Section 4444 - Second sentence of said section:
The additional containers of rubbish shall be placed at the curb, alley
or other place immediately adjacent to the normal loading area on the regular
day of collection and shall be contained in boxes, baskets, bindings, or
other suitable containers which may be removed by the Contractor as a dis-
posable unit.
SECTION 14. Section 4445 of Article 4, Chapter 5, Division 5, of the Ukiah City
Code is repealed in its entirety.
SECTION 15. The first paragraph of Section 4446 of the Ukiah City Code which
begins:
Section 4446 - "For the occasional or irregular collection ." is repealed
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in its entirety and is replaced by the following code section similarly
numbered which shall read as follows:
Section 4446 - Irregular collection; duty of Contractor;
It shall be the duty of the Contractor to make such irregular collections
within twenty-four hours after being properly notified by telephone or other-
wise; in the event of the failure of the Contractor to remove such refuse with-
in said twenty-four hour period, City shall make such collection and the Con-
tractor shall pay to City the amount set by the City Council to be charged for
such irregular collection.
SECTION 16(a). Section 4461, Paragraph (c) of the Ukiah City Code is amended to
read:
Section 4461 (c) - The Contractor shall operate the City Disposal Area
furnished by the City of Ukiah as a sanitary land fill in accordance with
the cirections of the City Manager and the City Health Officer.
16(b). Section 4461(d) of the Ukiah City Code is amended to read:
Section 4461(d) - Contractor's operation at the disposal area shall
meet all requirements of the Regional Water Quality Control Board, the
State of California Department of Public Health, the State Division of
Forestry and any other agency which has the authority to promulgate laws,
rules, or regulations which effect the operation of the disposal area.
16(c). Section 4461(g) of the Ukiah City Code is amended to read;
Section 4461 (g) - Contractor shall provide a cash or surety bond
in the amount of $10,000 conditioned upon faithful performance of the
contract and provisions of this chapter.
16(d). Section 4461(1) of the Ukiah City Code is amended to read:
Section 4461(1) - The Contractor shall carry for the full period of
this contract, public liability insurance to the extent of one hundred
thousand ($100,000) dollars for the death of one person or injury of one
person and three hundred thousand ($300,000) dollars for the death of,
or injury of more than one person and property damage insurance to the
extent of twenty-five thousand ($25,000) dollars each accident fifty
thousand ($50,000) dollars aggregate, on each of the trucks or other
vehicles used by him in carrying out the work called for in the contract.
Such insurance shall name the City of Ukiah as an additional insured and
a certificate of the policy thereof shall be on file with the City Clerk
of said City at all times.
SECTION 17. Section 4462 of the Ukiah City Code is amended to read:
Section 4462 - Contract to be awarded on bid:
Before said contract shall be entered into, sealed bids shall be
called for. Contract shall be awarded by the City Council to the responsible
bidder submitting the highest and best bid. Each bidder's proposal shall be
accompanied by a certified check payable to the City of Ukiah or a bidder's
bond in the amount of five thousand ($5,000) dollars which shall be forfeited
to the City of Ukiah if the bidder should fail or refuse to enter into a
formal contract within twenty days after acceptance of any bid. The Council
shall have the right to reject any and all bids.
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SECTION 18. Section 4470 of the Ukiah City Gode is amended to read:
Section 4470 - Enforcement officers; unlawful acts:
The City Manager, the City Health Officer, and the Chief of Police of
the City of Ukiah are hereby specifically required to enforce the provisions
of this chapter, and shall have the right to enter any and all premises
for the purpose of determining whether provisions in this chapter are
being conformed with, and any person denying or obstructing such entry shall
be subject to the penalty herein provided.
It shall be unlawful for any person in any manner to interfere with
the collection or disposal of refuse, garbage, or rubbish by any Contractor.
SECTION 19. Section 4471 of the Ukiah City Code as presently constituted is
repealed in its entirety and is replaced by the following code section similarly
numbered which shall read as follows:
Section 4471 - Complaints:
In the event that any interested person deems himself injured by
determination of the City or has a complaint arising from or concerning
where the garbage and/or rubbish receptacles shall be placed while awaiting
the removal of their contents or concerning the cost of such removal, such
person may appeal in writing to an administrative board consisting of the
City Manager and City Attorney and such other City official designated by
the City Manager. The Board shall hold a public hearing within ten days of
receipt of written appeal; notice of said hearing to be given to the com-
plaining party.
SECTION 20. Section 4473 of the Ukiah City Code is amended to read:
Section 4473 - Emergency removal:
Nothing in this chapter shall be deemed to prohibit the removal and
hauling to the City Disposal Area by an unlicensed person of materials
considered by the City Manager or City Health Officer to constitute a
health or safety menace of such nature as necessary to be ordered by
either of said officers to be promptly removed.
SECTION 21. Section 4474 is added to Article 6, Chapter 5, Division 5, of the
Ukiah City Code and reads:
Section 4474 - Container violations:
In the event any container is defective, overweight, located in the
wrong area, or otherwise in violation of the rules, regulations, or
ordinances of this city, the Contractor may leave such container with its
material uncollected, in which case he shall tag the container prominently
indicating the violation. A copy or portion of such tag indicating the
location and type of violation shall be retained by the Contractor. Per-
sistent violations or the residents failure to provide adequate and sanitary
containers shall justify collection by the City after two days written notice
to the resident and to the City and such collection shall constitute a lien
on the property comprising the residence.
SECTION 22. Section 4475 is added to Article 6, Chapter 5, Division 5, of the
Ukiah City Code and reads:
Section 4475 Payment of charges; liability for; lien:
Every person receiving any service designated in this chapter shall be
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liable for the payment of said charges.
In addition to the direct liability of the person receiving such service,
it shall be presumed that the occupant of any premises served is the agent of
the owner thereof, and is acting for and on behalf of the owner.
Every service performed under this section shall be presumed to be for
the benefit of the premises from which any garbage, refuse or rubbish is re-
moved and the charges accruing for such service shall be charged against the
property on which furnished and against the owner thereof and shall be a lien
against the property where furnished. No change of ownership or occupation
shall in any way effect the application of this section.
SECTION 23. Section 4476 is added to Article 6, Chapter 5, Division 5, of the
Ukiah City Code and reads:
Section 4476 - Severability.
If any section, subsection, paragraph, clause, or phrase of this chapter
is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decisions shall not effect the
validity of the remaining portion of this chapter as such other portions
shall be deemed separate, distinct, and independent provisions.
SECTION 24. Publication;
The Clerk is directed to cause this ordinance to be published as pro-
vided by law in the Ukiah Daily Journal, a newspaper of general circulation,
published and printed in the City of Ukiah.
SECTION 25. Effective Date:
This ordinance shall become effective thirty days after its adoption.
PASSED AND ADOPTED this 21st day of October, 1970, by the following
vote:
AYES: Councilmen Scotto, Buxton, Simpson, and Mayor pro tem Henderson
NOES: None
ABSENT: Mayor Norgard
s/H. D. Henderson
Mayor pro tempore
ATTEST:
s/Hattie M. Tillotson
City Clerk
CERTIFICATION
I, Hattie M. Tillotson, City Clerk of the City of Ukiah and exofficio clerk of
the City Council do hereby certify the foregoing to be a true copy of Ordinance
No. 605 adopted by the said City Council at a regular meeting thereof on the
21st day of October, 1970.
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City Clerk of the City of Ukiah,
California