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HomeMy WebLinkAbout97-3 - Amending Chapter 14.30 of the Newport Beach Municipal Code Pertaining to Commercial Kitchen Grease Disposal�J • • ORDINANCE NO. 97- 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COMMERCIAL KITCHEN GREASE DISPOSAL The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: The City Council hereby finds and declares as follows: A. Commercial kitchens produce grease as a by- product of their operations, which, if not properly disposed of, creates the potential for blockage of City sewer lines, resulting in damage to both public and private property, and spillage that has the potential to damage water quality in Newport Bay. B. The current edition of the Uniform Plumbing Code requires new commercial kitchens that have the potential to produce a significant amount of grease to have grease control devices. Newport Beach has a large number of commercial kitchens that commenced operation prior to the adoption of current codes and which do not have grease control devices. These commercial kitchens require the City to do additional preventive maintenance on sewer lines as well as respond to and clean up blockages and spillages caused by improper grease disposal. However, the City Council does not wish to impose cost - prohibitive new grease disposal requirements on existing commercial kitchens rather, that these establishments come into compliance with then current codes when substantial improvements are made or a change in operations occurs with participation in the City's costs of preventative maintenance until such time as they comply with current codes. Ord. 97 -3 B. Residential, industrial and office uses,discharge substantially smaller • quantities of grease into the City sewer system than commercial kitchens . The provisions of this Chapter are not properly applied to those uses since they do not cause frequent blockages or require additional preventative maintenance of sewer lines. SECTION 2: Chapter 14.30 of the Newport Beach Municipal Code is amended to read as follows: CHAPTER 14.30 COMMERCIAL KITCHEN GREASE DISPOSAL Sections: 14.30.010 14.30.020 14.30.030 • 14.30.040 14.30.050 14.30.060 14.30.070 14.30.080 14.30.090 Intent and Purpose. Definitions. Food Grinders Prohibited. Grease Control Device Required. Exceptions - Grease Disposal License. Appeals. Maintenance Requirements. Violations. Penalties for Violation. SECTION 14.30.010. Intent and Purpose. It is the intent of this Chapter to establish regulations for the disposal of grease and other insoluble waste discharges from commercial kitchens within the City. The City Council, in enacting the ordinance codified in this Chapter, intends to provide for the maximum beneficial public use of the City's sewer system, to prevent blockages of that system and accidental discharge of grease into Newport Bay, to ensure the cost of maintaining the public sewer system is equitably distributed amongst users, to clarify • grease disposal requirements for existing commercial kitchens, and to promote public health and safety. 2 Ord. 97 -3 SECTION 14.30.020. Definitions. • A. "Commercial kitchen' shall mean any business operating in Newport Beach as a full service or take -out restaurant, catering kitchen, employee cafeteria, or any other facility engaged in preparing and heat - processing food for consumption by the public or employees and which uses any equipment that produces grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type H hood. Establishments engaged only in assembling or serving food that is prepared entirely off site, and whose kitchen equipment consists only of beverage warmers and microwaves are not considered commercial kitchens.. B. "Change in operations" means any modification in the operational procedures of a commercial kitchen which has the potential to significantly increase the • amount of grease generated by food preparation including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment. C. "Food grinder" shall mean any device installed in the sewage system for the purpose of disposing food waste in the public sewer system. D. "Grease" shall mean any oil, fat, or oily, fatty substance such as vegetable or animal fat that turns or may turn viscous or solidifies with a change in temperature or other conditions. • 93 Ord. 97 -3 E. "Grease control device" shall mean any grease interceptor, grease trap or • other mechanism which attaches to wastewater plumbing fixtures for the purpose of collecting grease for off -site disposal. F. "Person" shall mean any individual, firm, corporation, partnership, association or other group or combination of individuals acting as a business unit. G. "Remodeling" shall mean any physical change to a commercial kitchen that requires a building permit and involves under slab plumbing work in a food processing area. G. "Wastewater" shall mean water containing animal or vegetable matter and water, whether treated or untreated, discharged into or permitted to enter a public sewer. SECTION 14.30.030. Food Grinders Prohibited. isThe installation and use of food grinders shall be prohibited in all new commercial kitchens in new or existing buildings, in all existing commercial kitchens undergoing remodeling, and in all existing food preparation and service establishments undergoing remodeling or a change in operations such that they would become a commercial kitchen. SECTION 14.30.040. Grease Control Device Required. A. All commercial kitchens shall have grease control devices as required by the Uniform Plumbing Code, or shall otherwise comply with the provisions of this Chapter. B. New commercial kitchens in new or existing buildings shall have grease control devices as required by the Uniform Plumbing Code. 0 Ord. 97 -3 C. Existing commercial kitchens undergoing remodeling or a change in • operations shall have grease control devices as required by the Uniform Plumbing Code. D. Existing food preparation and service establishments and commercial kitchens undergoing remodeling or a change in operations shall have grease control devices as required by the Uniform Plumbing Code E. The Building Director shall not issue a Certificate of Occupancy for a commercial kitchen which is required to have a grease control device until such device has been installed and inspected and approved by the Building Department. SECTION 14.30.050. Exceptions - Grease Disposal License. A. Commercial kitchens and food preparation and service establishments that would become commercial kitchens upon completion of remodeling or a change in • operations may obtain a grease disposal license in lieu of installing a grease control device upon a determination by the Building Director that there are physical limitations to a property that make the installation of a grease control device infeasible or contrary to other laws. B. A grease disposal license shall require the payment of an annual fee to defray a portion of the City's costs of maintaining the sewer system free of grease and resultant blockages. This fee shall be established by resolution of the City Council, and shall be limited to the incremental increase in the cost of preventive maintenance attributable to the licensee. The Building Director shall not issue a Certificate of Occupancy for any commercial kitchen that obtains a grease disposal license until the first annual fee has been paid to the City. • 5 Ord, 97 -3 C. Persons seeking a Grease Disposal License shall complete and file with the • Building Director an application on the form prescribed by the City. Applications shall be accepted only from the owner or operator of the commercial kitchen or food preparation and service establishment. The application shall be accompanied by the applicable fee. The applicant shall provide the following information: (1) Name and address of applicant; (2) Address of premises for which the license is requested; (3) Site plan showing property lines, easements, structures, and any other features that limit the installation of a grease control device; (4) Description of food processing, type and number of meals to be served, cleanup procedures, size of kitchen, and dining room capacity; (5) List of kitchen appliances, fixtures and ventilating equipment; (6) Volume and type of wastewater to be discharged; and (7) Any other information deemed necessary by the Building Director to evaluate the application. D. A Grease Disposal License shall be valid for one year, and shall be automatically renewed, provided: (1) There has been no remodeling of the premises, or change in operations; and (2) The Licensee has not violated this Chapter, the Uniform Plumbing Code, or other laws during the previous year; and (3) The annual in -lieu fee is paid. • N Ord. 97 -3 SECTION 14.30.060. Appeals. • Any decision of the Building Director pursuant to this Chapter may be appealed by any interested party to the Building Board of Appeals, pursuant to Section 15.02.020 of the Newport Beach Municipal Code. SECTION 14.30.070. Maintenance Requirements. A. Each commercial kitchen with a grease control device shall be required to employ an appropriate service or procedures for periodic collection of accumulated grease from any grease control device. The collection period shall be as set forth in the plumbing permit for the grease control device, but in no case more than three (3) month intervals. No accumulated grease shall be introduced into any sewer lateral, public sewer, storm drain, or public way. • B. Each commercial kitchen with a grease control device shall be required to keep records of cleaning, maintenance and grease removal. C. Each commercial kitchen with a grease control device shall allow City representatives access to the premises, by appointment during normal business hours, for purposes of sampling, inspections and review of records relating to the plumbing permit. SECTION 14.30.080. Violations. A. The owner and oeprator of a commercial kitchen shall be in violation of this Chapter if he or she : (1) Fails to install a grease control device as required by the Uniform Plumbing Code and this Chapter; (2) Fails to obtain a Grease Disposal License as required by this • Chapter; 7 Ord. 97 -3 (3) Makes any false statement, representation, record, report, plan or is other document filed with the Building Director; (4) Tampers with or knowingly renders inoperable any grease control device required under this Chapter; (5) Fails to fulfill maintenance, cleaning and record- keeping requirements as required by permit and this Chapter; or (6) Refuses City representatives reasonable access to a commercial kitchen for the purposes of inspecting or monitoring. B. Any willful failure to comply with a provision of this Chapter shall constitute a violation, regardless of whether the failure to comply is caused by the pemvttee /licensee or an employee or agent of the permittee/licensee. • C. Where the failure to comply is continuing and intentional, each successive failure to comply shall be a separate and distinct violation. SECTION 14.30.090. Penalties for Violation. Any violation of this Chapter shall be subject to the penalties provided in Chapter 1.04 of the Newport Beach Municipal Code. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more • sections, subsections, sentences, clauses and phrases may be declared unconstitutional. E • • Ord. 97 -3 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of January , 1997 , and adopted on the 27thday of January , 19 97 , by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCILMEMBERS DEBAY, GLOVER, EDWARDS, NOYES, O'NEIL, THOMSON NOES, COUNCILMEMBERS NONE MAYO Q)4 W 11 0 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -3 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of January, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of January, 1997. City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -3 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: February 3, 1997. In witness whereof, I have hereunto subscribed my name this 24th day of February 1997. � City Clerk of the City of Newport Beach, California