SR-8-A (205)
T~A
JAN 2 2 1991
CA:RMM:jld550jhpcjpc
City Council Meeting 1-22-91
Santa Monica, califolAtii; \:1 d~!
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal
Code section 5227 to Authorize the Director
of General Services to Require Businesses
Using Private Refuse Haulers to Have Refuse
Collected Up to six Days Per Week
At its meeting on October 23, 1990, the City Council
directed the city Att~~~-
1repare an ordinance allowing the
Director of
require more frequent collection
of refuse fOl T, \ -0 t..---
,--l --bU'
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the accompany J
In response to this direction,
en prepared and is presented to
the city Counc
The acco
amends Municipal Code section
5227.
Subsection (c) has been added which authorizes the
Director of General Services to require businesses,
as a
condition of being otherwise exempt from refuse collection
charges, to dispose of thelr refuse up to six days per week. In
order to impose this requirement, the Director of General
services must determine that the public interest necessitates
increasing the frequency of refuse collectlon.
Jf-:A 1991
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant city Attorney
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CA:RMM:jld549jhpcjpc
city council Meeting 1-22-91
Santa Monica, Californ1a
ORDINANCE NUMBER
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 5227 TO AUTHORIZE THE DIRECTOR OF GENERAL
SERVICES TO REQUIRE BUSINESSES USING PRIVATE REFUSE
HAULERS TO HAVE REFUSE COLLECTED UP TO SIX DAYS PER WEEK
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1 .
Santa Monica Municipal Code section 5227 is
amended to read as follows:
SECTION
5227.
Exemption
from
Refuse Collection Charges.
(a) All properties other than
those zoned Rl, R2R, R2, R3, R4, and RVC
may be exempt from all charges (except
for
a
minimum
monthly
refuse
administration fee as set by resolution
of the city Council) if the Director of
General Services determines that all
refuse is being lawfully disposed of by
the owner or tenant of the property.
(b)
The
Dlrector
of
General
Services, notwithstanding the provisions
of subparagraph (a) of this section, 1n
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his or her discretion, shall have the
authority to make City service mandatory
in those situations where public welfare
makes such service in the public
interest. Such area shall include, but
not be limited to, the Santa Monica
Municipal Pier.
(c) The Director of General
Services is authorized to require
businesses as a condition of being
otherwise exempt from all charges under
this section to dispose of their refuse
up to six (6) days per week if the
Director of General Services determines
that the
increasing
collection.
public
the
interest
frequency
necessitates
of refuse
SECTION 2. Any provision of the Santa Monica Municlpal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
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declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~ "--. ~
ROBERT M. MYERS U
city Attorney
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