SR-503-001-03 (3)
CA RLK:SIS:lcb4lt-153
CouncIl 11tg: 3-28-78
.
J03-oo/- 03
Santa Monlca, Callfornla
r'larch 16, 1978
o~
AfAR 2 8 1978
TO: Mayor and CIty Councll
FROM: Clty Attorney
SUBJECT: Ordlnance Requlrlng Refuse Collectlon Blns for
Certaln Resldentlal DwellIngs and Dlscharge
Shut-Off Systems for All BUlldlngs wlth
Refuse Collectlon Chutes
Ir. trod uct lon
ThlS report transmlts the attached ordlnance
for second readlng and adoptlon~
Background
The attached ordInance was lntroduced and glven
a fIrst readlng and publlC hearIng at the rneetlng of t~e
Clty Counell of Hareh 14, 1978.
It requlres all owners
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of rnultlple resldentlal dwelllngs contalnlng In excess of
ten unlts to dlscontlnue the use of garbage cans and to
utlllze rubblsh blns provlded by the City.
It further
requlres that all bUlldlngs equlpped wlth refuse collectlon
chutes, WhlCh chutes are ln excess of ten feet from the
street or alley to also provlde dIscharge shut-off systems
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for such chutes.
In the case of new bUlldlrrg3, such
shut-off systems must be provlded at the tlme of constructlon;
In the case of eXlstlng bUlldlngs, such shut-off syste~s
must be provlded wlthln SlX months from the effectlve
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~e
MAR 2 8 1978
,
CA 77-153
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S~3-~O~03
date of the attached ordlnance.
In the event that the
shut-off system 15 not so provlded, the Clty may refuse
to provlde In slte collectlon.
~lth regard to both of the requlre~ents of the
attached ordlnance, hardshlp cases may De processed through
the Llcense ReVlew Board WhlCh, If it fInds a hardshlp
to eXlst may walve the requlre~ents of the ordinance In
IndlVldual cases.
Coples of the prevlous staff reports are attached
for lnformatlon purposes.
Alternatlve Solutlons
The Clty COUDCll may lntroduce the attached
ordlhance ror second readlng and adoptlon as wrltten, or
request modlflcatlons thereof.
~
Reco~endatlon
It 1S respectfully recommended that the Clty
COUDCll lntroduce the attached ordlnance for second readlng
and adopt the same.
Prepared by:
Rlchard L. Knickerbocker, Clty Attorney
Samuel I. Strelchman, ASSlstanL Clty Attorney
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CA RLK:SIS:l~77-l53
Council Mtg:~4-78
.
.:703-00/-03
ORDINANCE NO.
~q87(Cc;S)
(C1ty CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL
GF THE CITY OF SANTA MONICA ADDING
SECTION 5228E TO THE SANTA MONICA
MUNICIPAL CODE, PERTAINING TO BIN
RENTAL N1D CHUTE GATE REQUIREMENTS.
THE CI~Y COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Sect10n 5228E 15 hereby added to
the Santa Monlca Munlclpal Code and shall read as follows:
Section 5228E. ~ffiNDATORY EQUIPMENT.
Notwlth5tandlng the provlslons of
Beetlon 5228~ 5228A, 5228B, 5228C and
5228D, or any other provlslon in conflict
hereWl th I no O\Jner, manager or authorlzed
agent of the owner of any multlple
dwell1ng or apartment house contalning
eleven or more UDlts shall utilize any
receptacle for the keeplng, depositing or
accumulatlng of class A rubb1sh originatlng
on such premIses other than such receptacles
as are set forth In SectIon 5228D hereof
and made avallable by the City.
No owner, manager or authorized agent
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CA 77-153 3-2-41
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f?J3 - c;CJ /- tt:J3
of the owner of any place of buslness,
multIple dwelling or apartment house WhlCh
is equlpped wLth, or has avallable a refuse
collectlon chute which IS more than ten feet
froM a street or alley, shall malntaln
the same when a shut-off gate for such
refuse collectlon chute is not provlded.
It shall be the responslblllty of every
such person to lnstall a discharge shut-
off system for all existlng bU11dlngs
with refuse collectlon chutes withln SIX
months from the date upon which thlS
ordlnance takes effect. All new buildlngs
deslgned wlth refuse chutes shall also
provlde for a dlscharge shut-off system
irom and after the effective date of this
ordinance.
In the event that the provlslons of
thlS sectlon are not complIed wlth where
they are, by theIr terms, appllcable, the
City may refuse to collect rubblsh on-slte
at such non-complying locations and
shall collect rubblsh only from pOlnts
of collection off-site from the non-
complYlng premlses at locations on
publIC property or publlC rlghts of way
and then only from those contalners
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CA 77-153 1-~78
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speclfled lD Sectlon 5228 of this code.
In any case In .vhl ch the requlxements
of thlS subsection work a substantlal
hardshlp, the aggrieved party may appeal
the requirements of this subsection
pertainlng to the lndivldual case to the
Llcense Revlew Board WhlCh shall utillze
the procedures set forth ln Sectlons
6126 et seq. of thlS code to determlne
lf a hardshlp exists, and lf it so
determines, the Llcense Revlew Board
may waive compliance with the requirements
of this subsection.
SECTIO~ 2. Any provlsions of the Santa Monlea
Municipal Code, or appendices thereto lnconsistent herewith,
to the extent of such inconSlstencies and no further, are
hereby repealed or modi fled to that extent necessary to
effect the provislons of this ordlnance.
SECTION 3. If any section, subsection, sentence,
clause or phrase of thls ordlnance is for any reason held
to be lDvalld or unconstltutlonal by a declsion of any
court of competent jurisdlctlon, such declslon shall not
affect the validlty of the rema2nlng portlons of the
ordInance. The Clty Councl1 hereby declares that it
would have passed thlS ordlnance and each and every sectlon,
subsectlon, sentence, clause or phrase not declared lnva11d
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CA 77-153 l-4IJ78
e oP3-t:?O/-03
or unconstitutional without regard to whether any portlon
of the ordlnance would be subsequently declared lnvalid
or unconstitutional.
SECTION 4.
The Mayor shall sign and the Clty
Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be publlshed once ln
the offlcial newspaper wlthln flfteen (15) days after
its adoption. The ordinance shall become effectlve
after thirty (30) days from its adoptlon.
ADOPTED and APPROVED thlS 28th day of March
I
1978.
/J)mw-tJ C#w t1 )11<.l,j
MAYOR
ATTEST:
//1
t" J-..., " ~ r'"
():'j?c~- ~~-
'STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 55.
CITY OF SANTA MONICA )
I do hereby certlfy that the foregolng ordlnance
was duly and regularly introduced at a meeting of the City
Council on the 14th day of
March
, 1978; that
thereafter the said ordlnance was duly adopted at a
meeting of the Clty Council on the 28th day of
?-ta rch
,
1978; by the followlng vote of the Council:
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Or
CA 77-153 1-341P8
AYES:
NOES:
ABSENT:
APPROVED AS TO FORL'1:'-
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'C"ITY ATTORN'EY ,
e
;?"v 3-00/-03
Councllmerober: Bambrick, Cohen, Reed,
Scott, Trives, van den
Steenhoven, fl,layor Swink
Councilmerrber: Kone
Councilmember: None
(/I ~_
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(/ CI"rY CLERK
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