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O957 . - OR-lGtflAl ORDINANCE NO. 957 (ees) (CITY COUNCIL SERIES) ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE 5 IN ORDER TO INCREASE THE AMOUNT OF FEES CHARGED FOR GENERAL CITY SANITATION SERVICES, REORGANIZE THE RUBBISH COLLECTION SYSTEM, AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5233A of Chapter 2 of Article 5 follows: of the Santa Monica Municipal Code is amended to read as SECTION 5233A. Minimum Refuse Service Charges. The following minimum monthly charges shall be paid: Type of Refuse Service One Dwe 1 ling Unit Per Lot Two or more Dwelling Units Per Lot, in- c1ud ing Condominiums Boarding Houses and Other Miscell- aneous Units Business and Commercial Every Water Account not Utiliz- ing City Refuse Service A $3.00 $1.00 B $1. 75 per unit up tc 50 units, plus $1.50 per unit thereafter up to 100 units, plus $1. 00 per unit for every unit over lOa units $1.00 per month per unit $2.00 per each 1/2 cubic yard per collection $6.00 per each 1/2 cubic yard per collection -1- .'~I c '7 / { e e SECTION 2. Section 5231 of Chapter 2 of Article 5 of the Santa Monica Municipal Code is amended to read as follows: SECTION 5231. Use of City Refuse Transfer Station. The City Refuse Transfer Station is closed to the public but the Santa Monica School District shall be allowed to continue to use said dump for rubbish originating within the City of Santa Monica provided that a charge at the rate $6.00 per ton with a minimum charge of $1.00 per load shall be made for accepting such refuse. Refuse brought to the City Refuse Transfer Station must comply with the following: 1. Lumber and Class B rubbish, excepting wooden furniture, shall not exceed four feet in length or four inches in least cross- sectional dimensions. 2. Class A rubbish and portions of building rubbish and industrial waste, excepting lumber, shall be broken into pieces not exceed- ing 2 1/2' x 2 1/2' x 4'. 3. Inflammable liquids, acids, magnesium, explosives, and condemned food products will not be accepted for disposal. SECTION 3. Section 5228D of Chapter 2 of Article 5 of the Santa Monica Municipal Code is amended to read as follows; SECTION 5228D. Rental of Receptacles from City. -2- . e. . Notwithstanding the provisions of Sections 5228, 5228A, 5228B and 5228C, upon application by the o~vner, manager or authorized agent of the owner of any place of business, multiple dwelling, or apartment house and upon the payment of the fees hereinafter pre- scribed, the Director of Public Works may provide a metal bin or bins, insofar as such receptacles are available at the time of application, for the keeping, depositing or accumulating of Class A rubbish originating on the premises described in the application. The fee to be paid to the City each month as rental for each such bin furnished shall be: Capacity of Bin (Cubic yards) 1 2 3 4 Frequency of Collection 2 Times a Week - 6 Times a Week TYPE A TYPE B Monthly Fees $2.00 4.00 6.00 8.00 each " " 1/ $ 6.00 12.00 18.00 24.00 each " " If "Upon application by the owner, manager, or authorized agent of the owner of any place of business, multiple dwelling or apartment house, when in the opinion of the Director of Public Works such collection is feasible, collection service from points on private property more distant than those described in Section 5227C of this Code for bins So furnished by the City will be made upon the execution by the applicant of a waiver of liability in a form prescribed by the Direc- of Public Works, and upon payment to the City by the -3- t. . applicant of the fee set forth in the table below, which fee shall be in addition to all other fees and charges provided in this chapter: 'Type of Refuse Service Monthly Charge for Collection from Points on Private Property B $2.50 per container $7.50 per container A All fees, rentals and charges provided by this section shall be paid to the City in advance as a condition to the furnishing of the receptacles or services for which application is made, and such charges shall be billed and collected in accordance with Section 5233D of this Chapter. Non-payment shall terminate the obligation af the City to provide or to continue to provide such services or receptacles. All receptacles so furnished shall be and remain the property of the City. The o~vner, manager, or authorized agent of the owner of the premises described in the application shall be responsible for any damage to the receptacles other than normal wear and tear. SECTION 4. Section 5233D3 of the Santa Monica Municipal Code is hereby amended to read as follows: SECTION 5233D3. Exemption from Refuse Collection Charges. 1. All properties other than those zoned Rl, RI-A, R2, R2-A, R3, R3-A, R4, and R4-A may be exempt -4- - - from all charges (except $1.00 per month minimum refuse fee) if the Director of Public Works deter- mines that all refuse is being lawfully disposed of. 2. The Director of Public Works, notwithstand- ing the provisions of paragraph 1 of this section, in his discretion shall have 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. SECTION 5. Section 5233D4 is hereby added to Chapter 2, of Article 5 of the Santa Monica Municipal Code to read as follows: SECTION 5233D4. Refunds for Vacancies. During the first year after a multiple dwelling unit has received its Certificate of Occupancy in an amount equal to the amount collected by the City during the period of said vacancy. No refunds shall be allowed for vacancies after the one year period has passed following the Certificate of Occupancy. SECTION 6. Section 5227 of the Santa Monica Municipal Code is hereby amended to read as follows: SECTION 5227. Collection of Refuse. The Direc- tor of Public Works in his discretion shall determine what materials shall be collected and what materials shall not be collected. The Director's discretion shall be based upon his evaluation of the burdens of collection, capacity of existing city equipment -5- ~. e to handle such materials, and the convenience of the public. Building rubbish generated by homewoner operations in small remodeling projects may be col- lected by the City, if placed in a container - the combined weight of which does not exceed 60 pounds. The maximum of 10 containemmay be collec- ted at anyone collection. Building rubbish generated by building contractors will not be collected. SECTION 7. Section 5227C of the Santa Monica Municipal Code is hereby amended to read as follows: SECTION 5227C. Points of Collection of Refuse. 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 10 feet from the street right-of-way line, unless the containers are stored in an enclosure. Where there is a public alley along which refuse collections are made, all refuse shall be placed for collection upon private property within 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 paced so as not to encroach upon a public alley more than 3 feet. If there is no public alley, refuse containers shall be placed for collection on the parkway not -6- - e more than 3 feet from the curb. Refuse containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 6:00 a.m. on the day of collection. Refuse containers placed upon a public Street or alley for collection shall be removed therefrom not later than 8:00 p.m. on the day of collection. Class B rubbish not in a container shall be placed on the parkway, and shall neither extend into the street nor be placed on any portion of a park- way used as a sidewalk. Refuse from a corner lot, if there is no alley, may be placed in accordance with the pro- visions of this section on any frontage along which refuse collection trucks are routed, provided all refuse from such lots shall be placed for collections at one place. SECTION 8. Paragraph 4 is hereby added to Section 5228 of the Santa Monica Municipal Code to read as follows: Paragraph 4. Notwithstanding any other pro- visions of this section. the use of properly bound plastic bags made of durable material may be used. With the exception of plastic bags, all other con- tainers shall be tapered. SECTION 9. Section 5228B of the Santa Monica Municipal Code is hereby amended to read as follows: SECTION 5228B. Preparation of Refuse for Col- lection. Garbage~ carpet sweeping~ cut hair, and -7- ~ . ~ vacuum cleaner dirt shall be wrapped securely in paper. Garbage produced from businesses and placed IN containers for collection shall not contain any cans, glass, broken dishes, poisonous or dangerous chem- icals, or like substances unsuitable for animal food. Tree limbs, brush, palm fronds, and broken furniture need not be placed in containers. Wooden boxes, wooden crates and paper cartons shall be broken and tied in bundles or broken and placed in a substantial container. Ashes shall be thoroughly wet before being placed into any container. All Class A rubbish must be placed in a container. 'Class B rubbish (bush and tree trimmings) shall be no more than four feet in length and said Class B rubbish shall be securely tied in a bundle and not ~e placed for collection in a loose form. The total weight of any such bundle shall not exceed forty pounds. SECTION 10. Section 5228C of the Santa Monica Municipal Code is amended to read as follows: SECTION 5228C. Allowable Amounts of Refuse Placed for Collection. The combined weight of any one container (except City furnished bins) and its contents shall not exceed sixty pounds. The amount of Class B rubbish placed for collection shall not exceed 10 cubic yards per collection. No separate item of refuse eligible for collection and so placed and not in a container shall exceed fifty pounds. -8- .t - SECTION 11. Sections 5200H, 5233, 5233BI and 5237A are hereby repealed in their entirety. SECTION 12. Any provision of the Santa Monica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed. SECTION 13. 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 competent jurisdiction, such decision shall not effect the validity of the remaining portions of the ordinance. The City Council hereby 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 14. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding Five Hundred ($500) Dollars or Six (6) months in the county jail of Los Angeles County, or by both such fine and imprison- ment in the discretion of the court. SECTION 15. This ordinance is an ordinance fixing the rate of taxation pursuant to Section 619 of the Santa Monica Charter necessary for preserving public peace, health and safe- ty for the reason that the fiscal year begins on July 1, 1974, and revenues provided for herein are necessary for providing City services. Said revenues will be irretreivable lost unless this ordinance is adopted immediately. -9- . , > " ~ .. SECTION 16. This ordinance is declared to be an emergency measure adopted pursuant to the provisions of Sec- tion 615 of the Santa Monica Municipal Charter and is necessary for preserving the public peace, health, or safety, and the ur- gency for its adoption is set forth in the findings above. SECTION 17. 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 news- paper within fifteen days after its adoption. This ordinance shall become effective upon its adoption. Adopted this 18th day of June , 1974. / / ~" / --~~-</ j (- ,.1 r. --';0-, ~I C~lt..--." - .. -,. / '-, K (or- Mayor - ATTEST: / C-/7. />cJ:v STATE ::F Tf~~: ) COUNTY OF LOS ANGELES) ss. CITY OF SANTA MONICA ) I do hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council of the City of Santa Monica on the 18th day of June , 1974, pursuant to Section 615 of the Charter of the City of Santa Monica, by the following vote of the Council: AYES: Councilmen: Judson, Lawson, Trives van-den Steenhoven, Hoover Councilmen: McCloskey, Swink NOES: ABSENT: Councilmen: None J/' /L#~_ Cift C1eti( APPROVED AS TO FORM: , 1 I'. f} ;. -I ,,1)./ j . . ./ (: t I ~ 1. . 'JL>-lvV\-r] ;{ j ~.tlil-/~ ......... -. . City 'Atto.1:-ney . ""- -10- . ..~ - I' o/Jr . CITY OF SANTA MONICA INTER-DEPARTMENT MEMO DATE: June 19, 1974 TO: C1ty Clerk FROM: Assistant City Manager SUBJECT: Correction of Business Llcense Tax Ordinance Please correct Section 6219 of the Business License Tax Ordinance adopted in emergency form by the Council on Tuesday, June 18, 1974, as follows: Change the $ . 75 for each $1, 000 figure in paragraph 2 of this Section (page 4) to :read $1. 25 for each $1. 000. TIns is necessary to correct a clerical errorM -provision for which. according to the City Attorney, exists in the City Charter. I have con.~- sulted with him and explained the situation this morning and he agrees, that it is proper to change this figure since the figure is correct and ~ showed on the spread-sheet chart distributed to the Council on May 17i.f ";;Z:; Z making their decision to raise this r"1' DA VID P. DOLTER -:- Assistant City Manager ~ , . DPD:lk cc: City Manager City Attorney . ~ . ~ :;{.!': ~ .....-~... = ~ --::.. -{~ ~.*'- -ti~_ --"~ ~? -:--~J:>,-Z }t~ ~i ~ -.~ ,,::jt- ~-:>.::. '~ ::--s -f::-~ ;... x ~J1 ~~ r~ ~