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HomeMy WebLinkAbout90-37 - Amending Chapter 12.63 of the Newport Beach Municipal CodeNO. 90- 37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.63 OF THE NEWPORT BEACH MUNICIPAL CODE. The City Council of the City of Newport Beach does hereby • ordain that Chapter 12.63 be amended to read as follows: SOLID WASTE PERMIT Sections: 12.63.005 12.63.010 12.63.020 12.63.030 12.63.040 12.63.050 12.63.060 12.63.070 12.63.080 12.63.090 12.63.093 12.63.096 12.63.100 12.63.110 12.63.115 12.63.120 Purpose and Intent Definitions Permit Required Applications Issuance of Permit Administration Term and Renewal of Permit Insurance Performance Deposit Indemnification Disclosure Recycling Requirements Revocation of Permit Transfer of Permit Reservation of Rights Permit and Fees Not Exclusive is12.63.005 Purpose and Intent. The City Council finds and declares that regulation of commercial refuse haulers is necessary and appropriate in that: (a) The City of Newport Beach has the authority to enact ordinances relative to the collection of trash and garbage within its corporate limits, including the right to gather and collect garbage itself, to grant an exclusive contract or contracts to collect rubbish, to regulate the activities of private collectors, or any combination of these options; (b) The City is required by state law to achieve designated recycling rates in 1995 and 2000 as well as prepare a comprehensive study of all residential, commercial and industrial refuse generated within City limits; (c) The City is required to conduct a waste characterization study and adopt a source reduction and recycling element by June, 1991 as a prelude to compliance with state mandated recycling rates of 25% in 1995 and 50% in the year 2000. This ordinance will facilitate completion of the waste characterization study by conditioning issuance of permits on compliance with certain disclosure requirements and will assist the City in satisfying state mandated recycling criteria. • (d) The placement of commercial refuse bins on streets creates the potential for property damage, personal injury as well as City liability and the provisions of this ordinance are necessary to protect members of the public, private property, and avoid City liability; 12.63.010 certain terms Definitions. For the purpose of this Chapter, are defined as follows: J (a) Commercial Refuse Bin. The term "commercial refuse bin" shall mean any container, bin or receptacle, designed for the storage of garbage, trash, refuse, construction debris or similar material which is emptied by means of special collection equipment. (b) Solid Waste Enterprise. The term "solid waste enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization or private corporation providing solid waste handling services in the City of Newport Beach. • (c) Solid Waste Handling Services shall mean the collection, transportation, storage, transfer or processing of solid waste for residential, commercial, institutional, or industrial uses or customers and shall include, without limitation, the placement of commercial refuse bins on public property. (d) Waste Characterization Study. The term "Waste Characterization Study" shall mean the waste characterization study and /or the source reduction and recycling element to be prepared and adopted by the City on or before June, 1991. (e) Recycling Requirements. The term "recycling requirements" shall mean the obligations imposed by or upon the City pursuant to state law, ordinance, resolution, policy, plan or program relative to recycling all, or a portion, of the solid waste stream generated within the City of Newport Beach including, without limitation, state mandates to recycle 25% of residential and commercial refuse by 1995 and 50% of residential and commercial refuse by 2000, and the provision of City approved recycling services to all customers. (f) City Manager and General Services Director shall mean the City Manager and General Services Director, respectively, of the City of Newport Beach or their designee. • 12.63.020 Permit Required. No person shall provide solid waste handling services or conduct a solid waste enterprise in the City of Newport Beach without first obtaining a solid waste permit pursuant to this chapter. 12.63.030 Applications. Applications for solid waste permits shall be submitted in the form prescribed by the City Manager and shall be accompanied by the fee specified by resolution. No permit shall be issued unless and until the applicant has provided all information requested by the application. 12.63.040 Issuance of Permit. The City Manager shall issue a solid waste permit if: (a) Applicant is a solid waste enterprise; (b) Applicant has provided all information required by the application and requested by the City Manager; • (c) Applicant agrees, in writing, to comply with all current regulations promulgated by the City Manager, such additional regulations as may be promulgated in the future, and special conditions to the permit imposed by the City Manager; (d) Applicant has provided the City Manager with evidence of the insurance and performance deposits required by this chapter. The City Manager may impose special conditions to the extent deemed necessary or appropriate to insure compliance with the provisions of this chapter. E V 12.63.050 Administration. The City Manager is empowered to adopt regulations governing the administration of this Chapter and the activities of permittees. The regulations adopted by the City Manager shall be considered conditions of any Solid Waste Permit issued pursuant to this Chapter. (Ord. 85 -2 Section 1 (part), 1985). 12.63.060 Term and Renewal of Permit. Solid Waste permits issued pursuant to this Chapter shall expire on December 31st of •the year in which the Permit was granted. Solid Waste permits may be renewed if the permittee submits an application for renewal on a form prescribed by the City Manager, accompanied by the fee specified by resolution of the City Council at least thirty days prior to expiration of the permit. The City Manager shall renew the permit if, during the term of the then current permit, the permittee complied with the provisions of this chapter, the regulations adopted by the City Manager, and any conditions imposed upon the permit. 12.63.070 Insurance. Each permittee shall, prior to the placement of any commercial refuse bin on public property, provide the City Manager with proof of insurance coverage against bodily injury and /or property damage in an amount of at least $1,000,000 per occurrence. The City of Newport Beach shall be named as an additional insured under the policy or policies of insurance. The policy or policies shall contain provisions requiring City to receive at least thirty days written notice prior to the expiration, cancellation, or any material change in the provisions of any policy or policies of insurance. The insurance policy or policies shall be issued by an insurance company authorized to do business in the State of California. • 12.63.080 Performance Deposit. Permittee shall, prior to the placement of any commercial refuse bin on public property, provide City with a performance bond, certificate of deposit, or other form of security acceptable to the City, in the sum of Three Thousand Dollars ($3,000) to insure compliance with the duties and obligations imposed by the provisions of this Chapter, the regulations adopted by the City Manager and any special conditions on the solid waste permits. 12.63.090 Indemnification. Each permittee, as a condition of the Solid Waste Permit, shall indemnify, defend and hold harmless the City, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of permittee, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of, the solid waste permit. 12.63.093 Disclosure. A. Each permittee shall, as a condition to the solid waste permit, provide the City with information regarding the solid • waste collected, and the intent and means of recycling upon, and in compliance with, a written request to do so by the City Manager or General Services Director. The information to be provided shall include, without limitation, the following: 1. An estimate of the annual tonnage collected by category (residential, commercial and demolition /industrial); 3 2. Monthly weight records of all loads of solid waste generated in the City by category (residential, commercial, and industrial) for the periods, and at the times, specified in the notice; 3. Copies of waste studies conducted by, or on behalf of, the permittee. B. Each permittee shall provide representative solid waste loads for sorting by county and city solid waste consultants •at the times and locations specified in a written request from the General Services Director. 12.63.096 Recycling Requirements. Each permittee shall, as a condition to the solid waste permit, comply with the recycling requirements. Each permittee shall provide proof of compliance as specified in the law, ordinance, resolution, policy, plan or program or upon written request from the General Services Director. 12.63.100 Revocation of Permit. The City Manager may revoke a Solid Waste Permit issued pursuant to this Chapter for any of the following reasons: (a) Permittee has ceased to comply with the requirements for issuance, maintenance or validity of a Solid Waste Permit; (b) Permittee has failed to comply with the provisions of this Chapter; (c) Permittee has violated the rules and /or regulations adopted by the City Manager pursuant to the authority granted by this Chapter; • (d) Permittee has failed to comply with the terms and conditions imposed upon, or made a part of, the Solid Waste Permit. The City Manager shall, prior to revoking any Solid Waste Permit, serve permittee with a Notice of Intent to revoke the Solid Waste Permit. The notice shall state the reasons for the proposed revocation, the right of the permittee to request a hearing before the City Manager and the effective date of the revocation if no hearing is requested. The City Manager may preside over the hearing, or appoint a hearing officer to conduct proceedings, receive relevant evidence and submit proposed findings and recommendations. The City Manager shall render a decision within 45 days from the date of the hearing, or submittal of findings and recommendations. The decision of the City Manager shall be final. (Ord. 85 -2 Section 2 (part), 1985). 12.63.110 Transfer of Permit. No Solid Waste Permit issued pursuant to the provisions of this Chapter shall be transferable by assignment, sale, hypothecation, operation of law or otherwise without the express written permission of the City Manager. (Ord. 85 -2 Section 2 (part), 1985). • 12.63.115 Reservation of Rights. The City of Newport Beach reserves the right to cancel some or all solid waste permits at such time as the City Council determines to grant an exclusive franchise for all solid waste handling services or multiple franchises for various solid waste handling services. The City also reserves the right to cancel some or all solid waste permits if the City Council determines to expand City solid waste handling services. p • 12.63.120 Permit and Fees Not Exclusive. The fees and permits required by this Chapter shall be in addition to any license, permit or fee required by any other Chapter of the Newport Beach Municipal Code. (Ord. 85 -2 Section 2 (part), 1985). SECTION 2: Severability. The City Council of the City of Newport Beach hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the portion declared invalid. SECTION 3: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of August , 1990, and adopted on the 27th day of August , 1990, by the following vote, to -wit: L__] AYES, COUNCILMEMBERS TURNER,.WATT, SANSONE PLUMMER,.HART, STRAUSS, COX NOES, COUNCILMEMBERS ABSENT NONE NONE 5