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SR-503-001-03 (9) . . 5tP3~l!}o/-o3 i-A- CA:RMM:r City Council Meeting 11-10-81 NOV 1 0 1981 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: C1ty Attorney SUBJECT: Ordinance Amending Munlcipal Code Sectlon 5228E Relating to Mandatory Equipment At its meeting on September 22, 1981, the City CounCll dlrected the Clty Attorney to prepare an ordlnance empowering the Director of General SerVlces to require trash bins for commercial establishments when necessary for the safe and sanltary dlsposal of trash. In response to this direction, the accompanying ord~nance has been prepared amending Municl- pal Code Section 5228E. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney jJ-A- NOV 1 0 '981 . . CA:RMM:se Clty Councll Meeting 11-10-81 Santa Monlca, Callfornla ORDINANCE NO. (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: SectIon 5228E. Mandatory Equipment. Nothwithstandlng the provlsions of Sect10n 5228, 5228A, 5228B, 5228C and 5228D of thlS Code, or any other provls1on 1n confllct hereWIth, no owner, manager or authorlzed agent of the owner of any mult1ple dwelllng or apartment house, contaln1ng eleven or more unlts shall utillze any receptacle for the keeplng, deposlting or accumulatlng of Class A rubbIsh orlglnatlng on such premIses other than such receptacles as set forth In Sectlon 5228D of thIS Code and made avallable by the Clty. Notwithstandlng the proVlslons of Sectlon 5228, 5228A, 5228B, 5228C and 5228D 1 ~ . . of thIS Code, or any other prOVIsIon In conflIct hereWIth, no owner, manager or authorized agent of the owner of any place of bUSIness shall utIlIze any receptacle for the keepIng, depositIng or accumulatIng of Class A rubbIsh orIgInatIng on such premIses other than such receptacles as set forth In SectIon 5228D of thIS Code and made available by the CIty If In the determInatIon of the DIrector of General SerVIces such receptacles are necessary for the safe and sanItary keepIng, depOSItIng, or accumulating of Class A rubb~sh. No owner, manager or authorIzed agent of the owner of any place of bUSIness, multIple dwelling or apartment house WhICh is eqUIpped WIth, or has avaIlable a refuse collection chute whIch IS more than ten feet from a street or alley, shall maIntain the same when a shut-off gate for such refuse collectIon chute is not prOVIded. It shall be the responSIbIlIty of every such person to Install and maIntaIn a dIscharge shut-off system for all eXIsting bUildings WIth refuse collectIon chutes. All new bUIldIngs designed WIth refuse chutes shall prOVide for a discharge shut-off system. 2 . . In the event that the provlslons of this section are not complIed wlth where they are, by their terms, appllcable, the CIty, 1n addltlon to any other remedles to compel compllance wIth thls sectlon, may refuse to collect rubblsh on-s1te at such non-complYlng locatlons and shall collect rubb1sh only from p01nts of collectlon off-site from the non-complYIng premises at locatIons on public property or pUblC rlghts of way and then only from those containers specifIed ln Sectlon 5228 of thls Code. In any case in WhlCh the reqUIrements of th1S sectlon work a substantIal hardshlp, the aggrleved party may appeal the requlrements of thlS sectIon pertalnlng to the lndlv1dual case to a Hearlng Examiner 1n accordance wIth the procedures set forth 1n SectIon 6126 of thIS Code to determine if a hardshIp exists, and upon such a determInatlon, compliance with the requirements of thIS sectIon shall be waIved. SECTION 2. Any provlsIon of the Santa MonIca MunIclpal Code or appendIces thereto InconSIstent wlth the provlsIons of thlS ordInance, to the extent of such InconSIstencIes and no further, are hereby repealed or modlfled to that extent necessary to affect the prOVISIons of thIs ordInance. 3 - ..' "" . . SECTION 3. If any sect~on, subsectIon, sentence, clause, or phrase of th~s ordInance IS for any reason held to be ~nval~d or unconst~tutlonal by a deC1s~on of any court of any competent Jur~sd~ct~on, such deCISIon shall not affect the val~d~ty of the rerna1nIng port~ons of the ord~nance. The City CouncIl hereby declares that ~t would have passed th~s ordInance and each and every sect1on, subsection, sentence, clause or phrase not declared ~nval~d or unconstItutional WIthout regard to whether any portIon of the ordinance would be subsequently declared Inval~d or unconstItut~onal. SECTION 4. The Mayor shall s~gn and the C~ty Clerk shall attest to the passage of thIS ordInance. ThIS C~ty Clerk shall cause the same to be publ~shed once in the offIcial newspaper WIthIn 15 days after Its adoption. The ordInance shall become effective after 30 days from ~ts adoptIon. APPROVED AS TO FORM: ~~~~ Robert M. Myers City Attorney 4