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SR-8-B (126) CA:RMM:jld548/hpc/pc city council Meeting 1-22-91 '-3 JAN 2 2 1991 .~Al'i :. ~ i~91 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code section 5216 permitting the Establishment of Fees for properties that Store Refuse Bins on Clty Property At its meeting on November 13, 1990, the city Council directed the City Attorney to prepare an ordinance permltting the establishment of fees for property owners that store refuse bins on city property. In response to this direction, the accompanying ordinance has been prepared and is presented to the city Council for i ->"lc:dderation. The accompe -....nds Municipal Code Section 5126. Subsectio L {! .. - - ~--~ -=. , . , l j ---~, I d to provide that the city Council may est paid by property owners who place or store .:mtainers on public property. The city Council ~ such a fee by enacting a resolution. RECOMMENDATION It lS respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant City Attorney f'.1J JAN 2 2 1991 IHI <} 9 'Cll< .....~1~ '" . 1_ CA:RMM:jld547/pc City council Meeting 1-22-91 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5216 PERMITTING THE ESTABLISHMENT OF FEES FOR PROPERTIES THAT STORE REFUSE BINS ON CITY PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 5216 is amended to read as follows: SECTION 5216. Points of Collection of Refuse. (a) Any refuse placed for collection shall not be placed for collection in that portion of any street or alley abutting on property other than the property owned or controlled by the person placing the refuse. On other than collection days, when refuse collections are made from the street, containers shall be stored on private property no closer than ten (10) feet from the street right-of-way line, unless the containers are stored in an enclosure. Where there - 1 - is a public alley along which refuse collections are made, all refuse shall be placed for collection upon private property within ten (10) feet of the alley, providing there shall be no obstructions between such refuse and the alley property line. In the event there is not sufficient unobstructed area in which to place refuse on such private property, refuse may be placed so as not to encroach upon a public alley more than four (4) feet. If there is no public alley, refuse containers shall be placed for collection on the parkway not more than four (4) feet from the curb. (b) If a property owned or controlled by the person placing the refuse is located such that no portion of the property abuts the public alley or street along which refuse collections are made, the Director of General Services shall determine a location in the public alley or parkway on which the property owner shall place the refuse containers. The location determined by the Director of General Services shall in no event encroach upon the public alley more than four (4) feet nor shall be placed more - 2 - than four (4) feet from the curb when the location of the refuse containers is determined to be a parkway. (c) Refuse containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 7:00 a.m. on the day of collection. (d) Refuse containers placed upon a public street or alley for collection shall be removed not later than 8:00 p.m. on the day of collection. (e) No refuse containers shall be placed on any public right-of-way on other than collection days without a permit having been obtained from the Director of General Services ln accordance with Section 7151 of this Code. (f) Refuse from a corner lot, if there is no alley, may be placed in accordance with provisions of thlS Section on any frontage along which refuse collection trucks are routed, provided all refuse from such lots shall be placed for collection at one place. (g) Refuse containers provided by the City for use with automated - 3 - collection systems shall be placed for collection in locations which provide unobstructed access wi thin a three foot radius of any edge of said containers. (h) The city Council may by Resolution establish and from time to time revise a fee requirinq any person who places or stores refuse or refuse containers on publ ic property to pay a fee for the use of public property. The fee shall not be charged to any person who, under subsections (a) and (b), must place refuse or refuse containers on public property in order to facilitate refuse collection. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the prov1sions of th1s Ordinance, to the extent of such inconsistenc~es 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 Counc~l hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not - 4 - ~ - 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: ~ v,........ ROBERT M. MYERS City Attorney ~ - 5 -