SR-503-001-03
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CA:RMM:r
CIty Council Meeting 11-24-81
S-?J3-oo/-03
Santa Monica, Ca11fornia
STAFF REPORT
TO: Mayor and City CounC1l
FROM: City Attorney
SUBJECT: Ordinance Amending Municipal Code Section 5228E
Relating to Mandatory Equipment
At 1tS meeting on November 10, 1981, the City Council
introduced for first reading an ordinance amending Santa
Monica Municipal Code Sect~on 5228E. The ord~nance is now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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NOV 2 4 1981
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CA:RMM:se
City CouncIl Meeting 11-24-81
Santa Monica, CalifornIa
ORDINANCE NO. 1236
(Clty Council Serles)
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
is amended to read as follows:
Sectlon
5228E.
Mandatory Equl?ment.
Nothwithstanding the prOV1Slons of Sectlon
5228, 5228A, 5228B, 5228C and 52280 of thlS
Code, or any other provision In conflict
herewlth, no owner, manager or authorlzed
agent of the owner of any multlple dwe111ng
or apartment house, contalnIng eleven or more
units shall utl1ize any receptacle for the
keeplng, depositing or accumulatlng of Class
A rubblsh orlginatlng on such premlses other
than such receptacles as set forth In Section
52280 of thlS Code and made avallable by the
CIty.
Notwithstandlng
the
proviSlons
of
Sectlon 5228, 5228A, 5228B, 5228C and 52280
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of th~s Code, or any other prov1s~on 1n
confl~ct herewith, no owner, manager or
authorlzed agent of the owner of any place of
business shall utilize any receptacle for the
keeping, depos~ting or accumulating of Class
A rubbish orig~natlng on such premises other
than such receptacles as set forth in Section
5228D of thlS Code and made available by the
City if ~n the determinatlon of the Director
of General Services such receptacles are
necessary for the safe and sanItary keeping,
deposltlng, or accumulating of Class ~
rubbish.
No owner, manager or authorized agent of
the owner of any place of business, rnult~ple
dwellIng or apartment house WhICh is equipped"
wIth, or has available a refuse collectlon
chute wh~ch is more than ten feet from a
street or alley, shall maintaln the same when
a shut-off gate for such refuse collectIon
chute ~s not prOVIded. It shall be the
responsIbIllty of every such person to
lnstall and maintain a dlscharge shut-off
system for all existing buildIngs wlth refuse
collection chutes. All new bUIldings
designed with refuse chutes shall provlde for
a dIscharge shut-off system.
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In the event that the prOV1Slons of this
-sectlQn are not compIled with where they are,
by their terms, applIcable, the Clty, in
addltion to any other remedles to compel
compliance with this section, may refuse to
collect rubblsh on-site at such non-complying
locations and shall collect rubbish only from
points of collectlon off-slte from the
non-complying prernlses at locations on publlC
property or pubic rlghts of way and then only
from those containers speclfled in Sectlon
5228 of this Code.
In any case ln WhlCh the requlrements of
this sectlon work a substantial hardshlP, the
aggrleved party may appeal the requIrements
ot thls sect~on pertaining to the lndivldual
case to a Hearlng Examiner 1n accordance w1th
the procedures set forth 1n Sectlon 6126 of
this Code to determIne If a hardsh1p eXlsts,
and upon such a determination, compllance
with the requlrements of thlS section shall
be walved.
SECTION 2. Any provislon of the Santa Monica Munlcipal
Code or appendlces thereto ~nconsistent wlth the provisions of
this ordinance, to the extent of such inconslstenc~es and no
further, are hereby repealed or modif~ed to that extent necessary
to affect the prov~sions of thlS ord~nance.
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SECTION 3. If any section, subsectIon, sentence, clause,
or phrase of thlS ordlnance is for any reason held to be lnvalid
or unconstltutional by a declsion of any court of any competent
]urlsdIctlon, such declsIon shall not affect the valldity of the
remalnlng portlons of the ordlnance. The City Councll hereby
declares that lt would have passed thlS ordlnance and each and
every
sectlon, subsectlon, sentence, clause or phrase not
declared invalid or unconstltutlonal without regard to whether
any portIon of the ordlnance would be subsequently declared
lnvalld or unconstltutional.
SECTION 4. The Mayor shall slgn and the CIty Clerk shall
attest to the passage of thlS ordinance. ThlS Clty Clerk shall
cause the same to be publIShed once in the officlal newspaper
wlthin 15 days after lts adoptlon.
The ordInance shall become
effectlve after 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers V
Ci ty Attorney
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ADOPTED AND APpqOVED THIS
24th
DAY
OF
November
,1981.
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1236(CCS), WAS DULY AND REGULARLY INTRODUCED AT A
!1EETING OF THE CrTY COUNCIL ON THE
10th DAY OF ~ovember,
1981 ; THAT THE SA I D ORD I NANC EliAS THER EAFTER nUL Y AD 0 PIED
AT A MEETING OF THE CITY COU[JCIL Oil THE 24th DAY OF November
1981 BY TH!:. FOLLOHING COUNCIL VOTE.
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AYES. COUNCILMEMBERS: Conn, Edwards, Jennlngs, Press,
Reed, Zane, Mayor Yannatta Goldway
rWES: cau NC IUl EMS ERS : None
ABSENT: COUr~CIU1Er1BERS: None
ABSTAUI: COU~~CILMEr1BERS: None
ATTEST:
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CITY CLERK
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CouncIl Meeting Date
Introduced'
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DISTRIBUTION OF RESOLUTION #
ORDINANCE
Agenda Item #
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Adopted:
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\lias It amended?
VOTE: Affirmative:
Negat1-ve:
Abstain:
Absent:
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DISTRIBUTION: ORIGINAL to be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date: ~lu 2-- ~ ;f!..:t7LJ (l1/-,{;-"
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Department origInating staff report (.,{.;~1. ~tf1~?J'L)
City Attorney f!:I~_,'L<).~d .li~- ~duz./ ), r./J ~_
Agency mentioned In document or staff report
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(certlfled?)
SubJect file (agenda packet)
Counter file
Others:
Airport
AudltoIum
BUllding Dept.
EnvIron. Servo
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Parking Auth.
Personnel
Planning
Police (en-
forcement?)
FInance
Purchasing
FIre
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~~~~a~- Ser~.
Library
// Recr /Parks
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Transportation
Treasurer
Manager
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SEND ~COPIES OF ALL ORDINANCES
TO CODED SYSTEMS Attn Peter M~Slea~e
PROFESSIONAL 'CENTER Total
ROUTE, 71
BRIELLE, NEW JERSEY 08730
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Others'
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