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~
~