HomeMy WebLinkAbout712 - Ordinances ORDINANCE NO. 712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION
8.19.051 TO THE RANCHO CUCAMONGA MUNICIPAL CODE
PERTAINING TO THE UNAUTHORIZED COLLECTION OF
SOLID WASTE
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Chapter 8.19 of the Rancho Cucamonga Municipal Code is
hereby amended to add a new Section 8.19.051 to read, in words
and figures, as follows:
"8.19.051 Unlawful collection containers. Subject to the
authorizations and exceptions under Section 8.19.050, it shall be unlawful
for any person to place or leave standing a container on any public or
private property within the City for the purpose of collection and disposal
of garbage, refuse, solid waste, or rubbish. Collection containers
unlawfully placed within the City are considered a public nuisance and
shall be subject to removal pursuant to the process identified below and
enforcement as stipulated in Section 1.12.030.
The City Manager may cause the posting of a Notice to Remove, as
described below, in a conspicuous place on any collection container
placed on any public or private property within the City in violation of this
section. A Notice to Remove posted pursuant to the provisions of this
section shall specify the nature of the violation and shall state that the
collection container must be removed within twenty-four (24) hours or it
may be removed and stored by the City, and the contents disposed of, at
the expense of the solid waste container's owner thereof. The posting of
a Notice to Remove shall constitute constructive notice to the owner and
user of the requirement to remove the collection container.
If the collection container is not removed within twenty-four (24) hours
after the Notice to Remove is posted, the City Manager may direct the
removal and storage of the collection container and the disposal of its
contents. The owner of the collection container shall be liable to
reimburse the City for the actual costs of removal and storage of the
collection container, for disposal of its contents, for the cost of posting the
notice, and for any administrative fees that would be owed to the City. All
amounts due the City must be paid before the collection container may be
returned to the owner. Such amounts shall constitute a civil debt owed by
the owner of the collection container to the City, and the owner shall be
liable for any legal costs and fees resulting from any action brought by the
City for the recovery of such amounts. Failure to respond to the Notice to
Remove is a misdemeanor and punishable by fine and/or imprisonment
as identified in section 1.12.030 of the Rancho Cucamonga Municipal
Code.
Ordinance No. 712
Page 2 of 3
After the City has removed a collection container, the City Manager shall
promptly cause notice to be mailed by certified mail to the owner to claim
the stored property. If the collection container is not claimed and all due
fees and costs paid within fifteen (15) days after certified notification to
the owner, the collection container and its contents shall be deemed
abandoned property and may be disposed of accordingly. If the contents
of the collection container include the presence of biodegradable wastes,
hazardous constituents, or other environmental or sanitary threats, the
City Manager may order the immediate appropriate disposition of the
contents so as to protect the public's health and safety, and the
container's owner shall be liable for the costs and fees of disposal. If the
owner of the unlawfully placed container is unknown and no party
responds to the Notice to Remove, the City Manager shall deem the
container and its contents as abandoned property and dispose of it
accordingly.
After a collection container has once been removed by the City pursuant
to a Notice to Remove, the owner thereof shall be deemed to have actual
notice of the provisions of this section, including the prohibition of
placement of collection containers by any person other than those
authorized or exempted under this section. In the event of a subsequent
placement of a collection container owned by the same owner, the City
Manager may immediately, without the posting of the Notice of Removal,
direct the removal and storage of the unlawfully placed collection
container and shall, in such case, give notice to the owner to claim the
collection container."
SECTION 2: This Ordinance shall go into effect and be in full force and
operation from and after thirty (30) days of its final passage and
adoption.
SECTION 3: The City Council declares that should any provision, section,
paragraph, sentence, or words of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences, and words
of this Ordinance shall remain in full force and effect.
SECTION 3: The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published within fifteen (15) days after
its passage at least once in the The Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga.
Ordinance No. 712
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 16th day of July 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kudh, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
D~bra'"J. Adams(.J~MC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 2"d day of July 2003, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16th day of July 2003.
Executed this 17th day of July 2003, at Rancho Cucamonga, California.
D~s,~MC, City Cler~