O1236
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CA:RMM:se
Clty Councl1 Meetlng 11-24-81
Santa Monica, California
ORDINANCE NO. 1236
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 5228E OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO
MANDATORY EQUIPMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS
FOLLOWS:
SECTION 1. Section 5228E of the Santa Monlca Munclpal Code
lS amended to read as follows:
Section
5228E.
Mandatory Equipment.
Nothwithstandlng the prov151ons of Sectlon
5228, 5228A, 52288, 5228C and 5228D of thlS
Code, or any other provision ln conflict
herewlth, no owner, manager or authorized
agent of the owner of any multiple dwelling
or apartment house, contalnlng eleven or more
unlts shall utl1ize any receptacle for the
keeping, depositlng or accumulating of Class
A rubblsh origlnating on such premises other
than such receptacles as set forth ln Section
5228D of thlS Code and made available by the
Clty.
Notwithstandlng
the
proviSions
of
Section 5228, 5228A, 52288, 5228C and 5228D
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of thIS Code, or any other provIs1on 1n
conflIct
herew1th, no owner, manager or
author1zed agent of the owner of any place of
bUSIness shall util1ze any receptacle for the
keep1ng, depositing or accumulat1ng of Class
A rubbish orIgInating on such premIses other
than such receptacles as set forth in Section
52280 of th1S Code and made ava1lable by the
City if in the determinat10n of the DIrector
of General SerV1ces such receptacles are
necessary for the safe and sanItary keeping,
depos1tlng,
rubbish.
accumulating of Class A
or
No owner, manager or authorized agent of
the owner of any place of business, multIple
dwell1ng or apartment house WhICh is equIpped
wIth, or has available a refuse collection
chute wh1Ch 1S more than ten feet from a
street or alley, shall maintain the same when
a shut-off gate for such refuse collection
chute 1S not provided. It shall be the
responsibll1ty
of
every such person to
Install and maIntain a discharge shut-off
system for all existIng bUIldIngs with refuse
collectIon
All
new
bU1lchngs
chutes.
desIgned wIth refuse chutes shall prov1de for
a dIscharge shut-off system.
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In the event that the provisions of th1s
sect10n are not complied with where they are,
by their terms, applicable, the C1ty, in
addit10n to any other remedIes to compel
complIance with th1s section, may refuse to
collect rubblsh on-Slte at such non-complying
locatIons and shall collect rubb1sh only from
p01nts
of
collect10n off-sIte from the
non-complying premises at locatIons on publ1c
property or pubic r1ghts of way and then only
from those contaIners specif1ed 1n Sectlon
5228 of thIs Code.
In any case in WhICh the requ1rements of
this section work a substantial hardship, the
aggrleved party may appeal the requIrements
ot this sectlon perta1nlng to the 1nd1vidual
case to a Hear1ng Examiner in accordance w1th
the procedures set forth 1n Sect10n 6126 of
thIS Code to determ1ne If a hardsh1p exists,
and upon such a determination, comp11ance
w1th the requ1rements of thIs section shall
be wa1ved.
SECTION 2.
Any provislon of the Santa Mon1ca Municlpal
Code or appendlces thereto inconslstent with the provisIons of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modlf1ed to that extent necessary
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to affect the provisions of this ordinance.
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SECTION 3. If any section, subsection, sentence, clause,
or phrase of this ord1nance 1S for any reason held to be invalid
or unconstitutional by a dec1sion of any court of any competent
]ur1sd1ctIon, such dec1s1on shall not affect the validity of the
remaining port1ons of the ordinance. The CIty Council hereby
declares that it would have passed this ordinance and each and
every
section, subsect1on, sentence, clause or phrase not
declared 1nvalid or unconstitutional without regard to whether
any port1on of the ordinance would be subsequently declared
1nva11d or unconstitutional.
SECTION 4. The Mayor shall s1gn and the C1ty Clerk shall
attest to the passage of this ord1nance. Th1S City Clerk shall
cause the same to be publIshed once in the offIcial newspaper
within 15 days after its adoption.
The ordInance shall become
effect1ve after 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers V
CIty Attorney
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ADOPTED AND APPDOVED THIS
24th
DAY
OF
Kovember
, 1 981 .
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. _1236(CCS) , WAS DULY AND REGULARLY INTRODUCED AT A
t1EETING OF THE CITY COUNCIL ON THE 10th DAY OF November,
1981; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
A T A ~1 E E TIN G 0 F THE C I T Y CO U r J C I LON THE 24 th DAY 0 F ~ovember
1981 BY TH~ FOLLOHING COUfJCIL VOTE.
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AYES COUNCILMEMBERS: Conn, Edwards, Jennlngs, Press,
Reed, Zane, Mayor Yannatta Goldway
UOES: COU NC I LNEM BERS: :Xone
ABSEtlT: COUUCIU1EtlGERS: None
ABSTAIN: COU~ICILMEI1BERS: ~one
ATTEST:
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CITY CLERK