SR-503-001-03 (9)
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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
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NOV 1 0 '981
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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
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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.
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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.
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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:
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Robert M. Myers
City Attorney
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