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HomeMy WebLinkAbout6.2 Amend Solid Waste Mgmt Ordinance CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 9, 1988 SUBJECT Amendment to Solid Waste Management Ordinance Location of Residential Container/Enforcement Provisions EXHIBITS ATTACHED Proposed Amendment as Introduced . Current Solid Waste Management Ordinance No . 2-86 RECOMMENDATION�W. o Conduct a Public Hearing Vi o Deliberate o Waive the Reading and Adopt the Ordinance FINANCIAL STATEMENT: None DESCRIPTION At the City Council meeting on April 25 , 1988 , a public hearing was conducted to consider an amendment to the Solid Waste Management Ordinance . The City Council introduced the ordinance after conducting the public hearing . The proposed amendment modifies the current ordinance in two areas . First , Section 5-202 is modified to provide an exception for garbage containers stored in the side yard . Without this modification , Ordinance No . 2-86 requires that all cans not be visible from a public street by the day after collection . The amendment would allow the container to be properly stored in a side yard , regardless of whether it was visible from a public street . The second change modifies the enforcement provisions on certain sections . The change will allow the City to pursue violations of Sections 5-201 , 5-202 , and 5-203 as an infraction instead of a misdemeanor . These sections relate to the following topics : -- Types and Care of Solid Waste Receptacles -- Location of Solid Waste Receptacles -- Waste Generator Responsible for Removal of Solid Waste The use of an infraction procedure is considered to be a more efficient enforcement mechanism than the more complex misdemeanor process . Staff would recommend that the City Council conduct a public hearing , deliberate , waive the reading , and adopt the ordinance . ---------------------------------------------------------------------------- COPIES TO: Bill Brandi , Dublin Livermore Disposal Steve McKae , OSC Legal Counsel ITEM NO. 6 a Z ORDINANCE NO. -88 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 2-86 The City Council of the City of Dublin does ordain as follows : Section 1 . Ordinance No. 2-86 is amended by deleting Section 5-202 therefrom and adding Section 5-202 to read as follows : "SECTION 5-202 . LOCATION OF SOLID WASTE RECEPTACLES . All solid waste receptacles delivered for collection shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion. of any street, road, avenue, way or alley, or at any location so as to constitute a nuisance . By the day after collection, all residential collection containers must be removed so as not to be visible from the street, except for such containers stored in side yards . Flashers shall be required on all collection containers four cubic yards in capacity or larger placed in the non-traveled portion of the street for more than 24 hours . " Section 2 . Ordinance No . 2-86 is amended by deleting Section 5-507 therefrom and adding Section 5-507 to read as follows: "SECTION 5-507 . VIOLATION . Any person who shall violate any of the provisions of Section 5-200, Sections 5-300 through 5-301, inclusive, Sections 5-400 through 5-402, inclusive or Section 5-408 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1 ,000 .00 ) for each violation, or by imprisonment in the County Jail for not more than six (6 ) months, or both. Any person who shall violate any of the provisions of Sections 5-201 , 5-202 or 5-203 shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Government Code § 36900 . The Director and/or Alameda County Health Officer are designated as the enforcement authority for the enforcement of those provisions which are designated as infractions . " Section 3 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage . The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. -1- PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1988, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- • i j ORDINANCE NO. 2 - 86 - AN ORDINANCE OF THE CITY OF DUBLIN REGULATING SOLID WASTE MANAGEMENT THE CITY AND COUNCIL of the City of Dublin thus ordain as follows: SECTION 1. LEGISLATIVE FINDINGS AND DECLARATION. 1. The provision of adequate and reliable solid waste management services is essential to the preservation of the health, safety, and well-being of residents of the City. 2. The State of California has found and declared that the rapidly increasing volume of solid waste resulting from population growth, industrial expansion and other factors compels an organized and comprehensive approach to solid•waste management (Cal. Gov. Code Section 66701, 66702). 3. As an essential part of the State's comprehensive program for solid waste management and for. the preservation of the health, safety, and well of the public, the State of California has declared that it is in the public interest that local public agencies make adequate provisions for solid waste handling and, pursuant to those State policies, has expressly authorized the City to make such provisions (Cal. Gov. Code Sections 66755, 66756) . 4. The State of California has expressly recognized that the City may determine all aspects of solid waste handling which are of local concern, including, but not 'limited to, frequency of collection, means of collection and transportation, level, of services, charges and fees, nature, location, and extent 'of providing solid waste handling services, and has expressly declared that the City may determine whether any such services are to be provided by means of exclusive or non-exclusive frnachises, contracts, licenses, permits, or other means and that the City may grant to other authority to provide solid waste handling services under such terms and conditions as the City may prescribe (Cal. .Gov. Code Section 66756, 66757) . 5. The City desires to establish an exclusive franchise system providing for the rate-regulated collection and disposal of solid waste. 6. Use of an exclusive franchise for the handling of solid waste generated in the City is an appropriate and desirable means to provide for the public health, safety, and well-being, and the efficient and orderly collection and disposal of all such waste (Cal. Gov. Code Section 66757(b) ) . SECTION 2. CITY OF DUBLIN SOLID WASTE ORDINANCE. The City Council enacts the following ordinance: -1- ARTICLE 1 GENERAL PROVISIONS AND DEF 1IONS SECTION 5-100. CITATION OF CHAPTER. This chapter may be referred to and cited as the Solid Waste Management Ordinance of the City of Dublin. SECTION 5-101. DECLARATION OF POLICY. The management of solid waste is a matter of great importance to the City, and its citizens, visitors, property-owners and businesses. The City has found that the public health, safety, and well-being require that the generation, accumulation, handling, collection, transporta- tion, conversion and disposal of solid waste be controlled and regulated by the City through the comprehensive system provided { in this chapter. The establishment and maintenance of this system will benefit the City and all its citizens, visitors, property- owners and businesses apart from and in addition to individual use. The system seeks to maintain a readily available solid j waste disposal service which the City wants to be reliable, clean, efficient and economical. The system will help to reduce the harboring and breeding of rodents and insects, to reduce the spread of disease, and to prevent pollution and other unsightly degradation of the environment. The comprehensive solid waste management system provided in this chapter is found to be in the public interest. SECTION 5-102. DECLARATION OF PURPOSE AND OBJECT. The ` - purpose and object of this chapter are to accomplish the fore- going results, and the provisions thereof shall be construed to give full effect to the accomplishment of such purpose. and r • i object. SECTION 5-103. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings - respectively ascribed to them by this section: (a) - "Collection" shall mean the removal and transportation of solid waste by the collector from the place of delivery to a disposal facility approved under the collector's agreement with the City. (b) "Collector" shall mean that person or business having an exclusive franchise agreement with the City granting to him or it the exclusive privilege of collecting cr causing to be collected or transported for a fee any solid waste within the City or any portion thereof. (c) "Delivery" of solid waste shall be deemed to occur when solid waste is deposited in a receptacle or at a location that is designated for collection pursant to this chapter, or is other- wise discarded. - (d) "Demolition Debris" shall mean used construction materials removed from a site during the razing or renovation of a structure as part of a total service offered by a duly licensed demolition contractor (C-21 license) . (e) "Director" shall mean the City Manager or the designee of the City Manager. (f) "Hazardous Waste" shall mean any waste now or hereafter classified as hazardous pursuant to applicable federal, state or local law. (g) "Junk Dealers" shall mean a person who lawfully, and in accordance with all local ordinances, collects or purchases used articles for purposes of restoration or resale, including antique dealers, used building supply dealers, and automobile salvagers. This definition does not include a person who collects or accepts solid waste for recycling after source separation. -2- (h) Recycling" shall mean the prof of treating and reconstituting solid waste for the purpos. .f using the :altered form. The collection, handling, transfer or disposal of solid waste not source separated or not intended for or capable of recycling is not "recycling" within the meaning of this chapter. Putrescible solid waste (except animal wastes or remains for use 1 only as tallow) is rebuttably presumed to be not capable of being recycled. "Recycling" also. does not include the processing or use of solid waste for conversion to energy. (i) "Recycling Facility" shall mean any location, within or without the city limits of the City, which accepts recyclable materials that have been source separated from solid waste ,,..� generated in the City for the sole purpose of recycling as 3 defined herein. (j) "Recycling Transporter" shall mean any person who transports source separated materials for recycling. (k) "Solid Waste" shall mean all putrescible and nonputres- i cible solid, semi-solid and liquid wastes, including garbage, : . � trash, refuse, paper, rubbish, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi-solid wastes other than fecal matter, vegetable wastes, and other discarded solid and semi-solid wastes, but does not include hazardous waste, as herein defined, sewage or abandoned automobiles. :i (1) "Source Separation" shall mean the segregation into separate containers by the waste generator, prior to delivery, of individual components of solid waste, such as glass bottles, cans, newspapers, and corrugated containers, for the sole purpose of "recycling" as defined herein. (m) "Waste Generator" shall mean the property owner, resident, tenant, lessee, occupant, or business which produced the waste in the City in the first instance. This definition excludes any person who collects from or accepts shipment of waste from another person for the purposes of separating, recycling or otherwise disposing of such waste. ARTICLE 2 SOLID WASTE ACCUMULATION, STORAGE AND DELIVERY SECTION 5-200. SOLID WASTE SHALL BE STORED IN RECEPTACLES; DELIVERED FOR COLLECTION; EXEMPT ITEMS; HAZARDOUS WASTE. all solid waste produced, deposited, kept, or accumulated upon any lot or parcel of land, whether public or private, shall be kept in receptacles or containers as hereinafter provided. All such waste, in the receptacles or containers in which it is kept, shall be delivered for collection as hereinafter provided, with the following exceptions: (a) Materials source-separated for recycling; (b) Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping, or tree trimming contractor, as an incidental part of a total service offered b y that contractor rather than as a hauling service; (c) Demolition debris as defined herein which is removed in accordance with such definition; (d) Nonputrescible solid waste separated by the waste generator for collection and transportation by a junk dealer, but not as a hauling service; (e) Animal wastes and remains from slaughterhouses' or butcher shops for use as tallow; _ _ -3- (f; Dlid waste transported by the -�r or occupant of any residence o a fully licensed public disp .l facility, provided that such person may not transport solid waste from more than one residential unit; and (g) Hazardous waste. Hazardous waste shall not be delivered to the collector under the provisions of this Article, except as the collector may agree by a separate contract with the generator or owner of any hazardous waste or through any further program arranged with the legislative body having jurisdiction. Every generator, keeper, custodian or owner of hazardous waste is, and shall remain, responsible for the safe disposal of such waste pursuant to applicable law. Every generator, keeper, custodian or owner of material covered by items (a) , (b) , (c) , (d) , (e) or (f) is, and shall remain, responsible for its safe handling and disposal in accordance with this chapter and with other applicable law. Nothing herein shall prevent the collector from accepting, collecting or transporting material covered by items (a) , (b) , (c) , (d) , (e) or (f) if delivered or otherwise offered to the collector. SECTION 5-201. TYPES AND CARE OF SOLID WASTE RECEPTACLES. Every owner, lessor, lessee, tenant, employee, or occupant of any premises where solid waste is created, deposited, kept, produced, or accumulated shall provide for use upon such premises and shall use one or more watertight, noncorrodible, nonabsorbent and durable receptacles which shall be kept in a clean and sanitary condition at all times. The standard size container for residential and commercial services shall have a capacity not exceeding 32 gallons and shall be of a design approved by the Director, provided that receptacles of a net capacity of more than 32 gallons may be used when approved by the Director and the collector. When delivered for collection, no such receptacle shall be filled so as to exceed a gross weight of 75 pounds, including the receptacle and its contents, except for automated container collection. The Director may establish reasonable weight limits for safe handling of automated collection contain- ers. The receptacle shall be kept tightly covered at all times by a tight-fitting noncorrodible cover, except when solid waste is being deposited therein or removed therefrom, and shall at all times be proofed against access by flies, rodents, and animals. SECTION 5-202. LOCATION OF SOLID WASTE RECEPTACLES. All solid waste receptacles delivered for collection shall be placed so as to be readily accessible for removal and emptying by the collector, but 'they shall not be Dlaced within the vehicle traveled portion of any street, road, avenue, way or alley, or at- any location so as to constitute a nuisance. By the day after collection, all residential collection containers must be removed so as not to be visible from the street. Flashers shall be required on all collection containers four cubic yards in capacity or larger placed in the non-traveled portion, of the street for more than 24 hours. SECTION 5-203. WASTE GENERATOR RESPONSIBLE FOR REMOVAL OF SOLID WASTE. All solid waste created, deposited, kept, produced, or accumulated in, on or about any dwelling, premises, lot or parcel of land, whether public or private, shall be delivered to the collector, or removed by the waste generator where permitted by Sections 5-300 and 5-301, at least once each week or more often if required by the Director unless and to the extent specifically exempted in Section 5-200. -4- SECTION 5-204. RESPONSIBILITY FOR PAYMENT OF SOLID WASTE CHARGES. he waste generator shall be re nsible for payment of all chat for solid .waste collection ai isposal services furnished by the collector. SECTION 5-205. RESPONSIBILITIES OF COLLECTOR,. The col- lector shall collect all solid waste delivered to such places of collection. and at such intervals as set forth herein and shall transfer the contents of all solid, waste receptacles into the vehicles provided therefor. The collector shall clean up any solid waste spilled during the collection and shall completely empty the receptacles and replace lids. SECTION 5-206. COLLECTOR TO GIVE INVOICES AND RECEIPTS. The collector shall, at least quarterly, submit to every regular i customer within the City a written, dated invoice for sums properly due and payable to the collector. In the event the collector submits an invoice in advance of or at the beginning of r, the sums due for' quarter shall not be a particular quart deemed delinquent until the expiration of the second month of :•. ; such quarter. The collector also shall, if requested by any customer, render a written, dated receipt for any money received =. � by the collector from such customer on account of solid waste collection services rendered or to be rendered. SECTION 5-207. POINTS COLLECTING RECEPTACLES FROM RESIDENCES AND COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; TIME OF COLLECTION. Collection from single family residences shall be from locations determined by resolution of the City Council; collection from other premises shall be at places agreed upon by negotiation between the solid waste collector and the waste generator. All collections from residences and commercial properties adjacent to residences shall begin not earlier than 5:30 a.m. ARTICLE 3 SOLID WASTE COLLECTION AND TRANSPORTATION SECTION 5-300. EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION. The City may enter into an exclusive franchise agreement granting to one person the exclusive right to collect or transport, or cause to be collected or transported for a fee, all solid waste within the City or any portion thereof, excepting solid waste exempted from the delivery requirements by Section 5-200. Said franchise agreement shall provide detailed recuire- ments for the management and disposal of solid waste in the City and provide for regulation of the fees to be collected under the exclusive franchise. No person other than the exclusive fran- chisee of the City shall collect, transport or convey, or cause or permit to be collected, transported or conveyed on any city street, any sol-id waste for a fee or any consideration what- soever, provided that: (a) Source separated materials for recycling may be trans- ported by a permitted recycling transporter without fee if all conditions of this chapter are satisfied; (b) Demolition debris, as defined herein, may be trans- ported by a duly licensed demolition contractor if all require- ments of the license and this chapter are satisfied; (c) Nonoutrescible solid waste separated by the waste generator for collection by a junk dealer may be transported by such dealer without fee if the requirements of this chapter are satisfied and if such waste is transported in a manner which ensures no spillage or litter of highways or city streets; -5- (d) waste generator who is the ow- or occupant of any residenc- sy transport solid waste and s e separated mate- rials for recycling to the extent permitteu by Section 5-200 and 5-301; (e) Lawn and garden trimmings and dead leaves removed from a site by a gardening, landscaping or tree trimming contractor, as an incidental part of a total service offered by that con- tractor rather than as a hauling service, may be transported by that contractor if the requirements of this chapter are satisfied and if such waste is transported in a manner which ensures no spillage or litter of highways or city streets; and (f) Tallow users may collect and transport animal wastes and remains provided the permit therefor has been issued by the Alameda County Health Officer. SECTION 5-301. SELF-HAULING BY WASTE GENERATOR. Consis- tent with Section 5-300, a waste generator who is the owner or occupant of any residence may transport solid waste or source separated recyclable materials generated by it only to the 1 following destinations, provided that such person may not trans- :, port solid waste or source separated recyclable materials from more than one residential unit: (a) For solid waste, the designated receiving area at a fully licensed public disposal facility, .... ) (b) For materials for recycling, a recycling facility holding a permit issued under this Chapter, provided that the material has been source separated, contains no putrescible t matter and is untainted by putrescible matter. Such solid waste or materials for recycling may not be permitted to leak, spill, overflow or litter upon any public street or highway. ARTICLE 4 RECYCLING SECTION 5=400. SOURCE SEPARATION AND RECYCLING. Waste generators may source separate materials for recycling from solid waste for conveyance to duly permitted recycling facilities. Materials source separated for recycling must be stored in receptacles or another manner sufficient to prevent access by rodents, insects and animals, and must be collected by licensed recycling transporters or transported by the caste generator with sufficient frequency so as not to create a health hazard, public nuisance or fire hazard. Putrescible solid waste and nonputres- cible solid waste tainted by putrescible solid waste shall be presumed to be inappropriate for recycline, except where intended for use and source separated for use as tallow. Nothing in this section is intended to modify, restrict or eliminate any other obligations, restrictions, limitations or conditions imposed upon or applicable to any waste generator, other person, use, or location. SECTION 5-401. RECYCLING TRANSPORTERS. (a) Permitted recycling tranporters may collect source separated materials for recycling and transport such materials to a recycling facility provided that no fee is charged by the recycling transporter and both the recycling transporter and the recycling facility have obtained any and all necessary permits required by this chapter or by any other regulatory agency having jurisdiction. -6- (b) A recycling transporter shall make a reasonable inspecti )f everything offered or giver to assure the recycling _ransporter's compliance with t. cequirements of this i chapter and with any and all conditions of its permit and other applicable laws. I (c) Every vehicle used by a recycling transporter to transport source separated materials for recycling shall be identified by its name and local business telephone number in lettering not less than 2-1/2 inches high and, where required by the Director, a vehicle identification number. SECTION 5-402. RECYCLING TRANSPORTER PERMITS. No person j shall transport or convey, or cause or permit to be transported or conveyed, source separated materials for recycling unless an effective recycling transporter permit in writing has been issued i to the transporter, except that the waste cenerator may transport source separated materials for recycling to a duly permitted recycling facility as provided in Section 5-301. No recycling i transporter may transport non-source separated solid waste i tainted by putrescible material. - � SECTION 5-403. WHAT RECYCLING TRANSPORTER PERMIT APPLICA- TION MUST SHOW. The application for a recycling transporter permit must be made under oath and in writing, and it must be signed by the applicant and must show the following: (a) The name, address, and telephone number of the appli- cant; (b) The type, kind and make of each vehicle to be used by the applicant in the collection and transportation of source separated materials for recycling; (c) Whether such vehicle is so constructed as to prevent unintended loss of contents; (d) The type and kind of cover used for covering its contents; (e) all destinations ;here all or part of the contents may be left or unlcacec; (f) The method, manner, and frequency of cleaning such equipment; (g) A statement that the applicant will not attempt to assign or transfer such permit, and that the applicant agrees to comply with all requirements of this chapter; (h) The description of the materials to be transported; and (i) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the chance or changes and will file a new application if required by the Director. SECTION 5-404. FILING OF RECYCLING TRANSPORTER APPLICA- TION; FEES. The application for a recycling transporter permit shall be made under oath and shall be filed with the Director and shall be accompanied by a nonrefundable application fee estab- lished by resolution of the City Council. SECTION 5-405. GRANTING OF RECYCLING TRANSPORTER PERMIT; FINDINGS BY THE DIRECTOR. If the Director finds that the application is consistent with the intent and purpose of this chapter, the Director shall issue a permit to such applicant. If the application is denied, the Director shall inform the appli- cant in a dated writing which shall be mailed to the applicant's address shown on the application. SF -ON 5-406. EXPIRATION OF RECY(" -'1G TRANSPORTER PERMIT. Each rk ling transporter permit issue 9er this chapter shall expire on the December 31st of the year 4., which issued. SECTION 5-407. REVOCATION OF RECYCLING TRANSPORTER PERMIT. Each recycling transporter permit shall be subject to revocation after notice and hearing pursuant to Article 6 of this chapter, for failure to comply with the requirements of this chapter or with any of the conditions of such permit. SECTION 5-408. RECYCLING FACILITY PERMITS. No person I shall operate a recycling facility unless a recycling facility permit in writing has been issued for such facility by the Director. The application for a recycling facility permit must be made under oath and in writing, signed by the applicant, and I show the following: (a) The name, address and telephone number of the applicant i and the facility, if different; (b) The type or types of material to be recycled; (c) The source or sources from which such material is to be obtained; (d) The manner of transportation of such material from the waste generator to the recycling facility; (e) A statement that the applicant will not attempt to assign such permit, and that the applicant agrees to comply with all requirements of this chapter, now in force or as hereafter amended; (f) A statement that no putrescible solid waste will be accepted or received by the recycling facility, provided that tallow users need not comply with this subsection; and (g) A statement that, if any of the information in the application changes in any material respect, the applicant will notify the Director in writing of the change or changes and will file a new application if required by the Director. SECTION 5-409. FILING OF RECYCLING FACILITY APPLICATIONS; FEES. The application for a recycling facility permit shall be filed with the Director and shall be accompanied by a nonrefund- able application fee to be established by resolution of the City Council. The Director shall make an inspection of the recycling facility described in the application. If the Director finds that the application is consistent with the intent and purposes of this chapter, the Director shall issue a permit to such applicant for the recycling facility. If the application is denied, the Director shall inform the applicant in a dated writing which shall be mailed to the applicant's address shown on the application. SECTION 5-410. EXPIRATION, DISPLAY OF RECYCLING FACILITY PERMIT. The Director shall issue one recycling facility permit for each application granted, showing the number of the permit, the year in which it was issued, and the address of the facility. At the discretion of the Director, the permit shall be displayed in a conspicuous place, designated by the Director, in the facility. However, if it is not displayed, a responsible representative of the operator must have possession of the permit and be capable of presenting it within a reasonable period of time. The recycling facility permit shall expire on the December 31st following the date it was issued. -S- SEr-'ON 5-411. REVOCATION OF RECYCt FACILITY PERMIT. Each re ing facility permit shall be act to revocation after nonce and hearing, pursuant to Ar,._ _tee 6 of this chapter, for failure to comply with the requirements of this chapter or with the conditions of such permit. I SECTION 5-412. APPEALS PROCEDURE. Any applicant for a permit under this Article and any person who is aggrieved by the Director's action on the application may have the action reviewed by the City Council, pursuant to Section 10 of Ordinance No. 16-84. ARTICLE 5 i ' ENFORCEMENT i SECTION 5-500. ENFORCEMENT NEEDS. The enforcement of this chapter is essential to the public health, safety and well-being. The importance of the policies which the chapter seeks to effectuate makes necessary a range of flexible enforcement mechanisms. The remedies provided in this Article shall be ; i available without prior recourse, if applicable, to the permit revocation procedures provided in Article 6. Each of the remedies provided in this Article shall be available in accor- dance with the terms of its respective section without regard for the availability, potential availability, or use of another I remedy or of permit revocation. The Director and the Alameda County Health Officer may utilize other remedies not set forth in this article. SECTION 5-501. ADMINISTRATION. The Director or the Alameda County Health Officer shall enforce and administer all provisions of this chapter failing under their respective jurisdictions, and for such purpose each shall have the powers of peace officer. SECTION 5-502. CIVIL INJUNCTION. The Director or the Alameda County Health Officer is authorized to seek civil injunctive relief in any court of competent jurisdiction against any violation or threatened violatior of this chapter. SECTION 5-503. CIVIL ACTION FOR IMPAIRMENT OF SOLID WASTE MANAGEMENT SYSTEM REVENUES. To the extent that any violation of this chapter has resulted in any loss of revenues to the 'solid waste management system, the City may sue in any court of competent jurisdiction to recover said revenues. "Loss of revenues" shall include the loss of the contribution c` revenues to the regulated rate structure of the franchised solid waste collector. SECTION 5-504. INSPECTIONS. The Director is hereby authorized to make such inspections and to take such actions as ma v be recuired to enforce the provisions of this chapter. Specifically, the collector, as well as any recycling transporter or the operator of any solid waste disposal facility or recycling, facility must, upon demand by the Director, permit such inspec- tion of records, operations, facilities or other matters as may be necessary to ensure compliance with this chapter. SECTION 5-505. RIGHT CF ENTRY. (a) Whenever necessary to mare an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided that (i) if such building or premises,be occupied, he shall first present proper credentials and demand entry; and (ii) if such building or-premises be unoccupied, he shall first make a -Q- reasonable effort to locate the owner or other persons having charge control of the building or pre, s and demand entry. If such cry is refused the Director sh have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or refuse, after proper demand made as herein provided, promptly to permit entry therein by the Director for the purpose of inspection and examination pursuant to this chapter. ( SECTION 5-506. CIVIL ACTION. The violation of any of the provision.T of this chapter shall also be deemed a nuisance, and a civil action may be brought to abate, enjoin or otherwise compel ( the cessation of such nuisance. SECTION 5-507. VIOLATION A MISDEMEANOR. Any person who shall violate any of the provisions of Sections 5-200 through 5-203, inclusive, 5-300 through 5-30lr inclusive, 5-400 through 5-402, inclusive or 5-408 shall be guilty of a misdemeanor, and ( upon conviction thereof shall be punished by a fine not to exceed ; .� one thousand dollars ($1,000.00) for each violation, or by imprisonment in the County Jail for not more than six (6) months, or both. : ARTICLE 6 : ( PROCEDURES FOR REVOCATION CF PERMITS SECTION 5-600. REQUEST FOR REVOCATION OF PERMIT; FAILURE i • TO FURNISH INFORMATION. The Director may at any time require any i person to whom a permit has been granted under this chapter to i furnish the Director with the plans and a .report of operations conducted by such permitee. If the holder of such permit willfully fails and refuses to furnish such plans and report of operations to the Director within a reasonable time after such demand, the Director may request the city council to hold a public hearing to determine whether such permit shall be revoked. SECTION 5-601. REQUEST FOR REVOC.=.`_"ICN 0 PERMIT FOR FAILURE TO CO^1PLY. The Director may at hay time reeL2st the City Council to revoke a permit issued pursuant to the provisions of this chapter for the failure of the holder thereof to comply with requirements of this chapter or with the conditions of such permit. The request shall contain a written statement which shall set forth in concise language the acts or omissions with which the holder is charged, specifying the specific sect ions of this chapter or the specific conditions cf the permit which the holder thereof is alleged to have violated. SECTION 5-602. HEARING ON R_°,VOC!T'CN OF PER`!IT. Within 30 days after the -recelp t or the request from the Director, the City Council shall hold such hearinc and shall give notice of the date, time and place of such hearinc of the holder of the permit, to the Director, and to such other persons as the City Council deems should be notified, net later than ten (10) days before the date of the public hearinc. Such not'_ce shall include the written statement of the Director pre_ared pursuant to Section 5-601. SECTION 5-603. NOTICE OF HEARING-; MANNER OF SERVICE. The notice required under Section 5-602 shall be served personally, or by first class mail, postage prepaid, addressed to the holder of the permit at the address shown on the application, and shall be deemed given when so deposited in the mail or served personally. SECTION 5-604. ACTION BY CITY COUNCIL. Failure of the holder of the permit to appear at the hearing, after having been notifed, may be deemed an admission of the act or omission charged in the notice, and in the event of such failure to appear, the City Council may .revoke the permit without further -10- evidence ' `pan that which served as the basis for the notice. After t) earing is concluded, the count shall, within 21 days, ren, er its decision revoking such p_ At or dismissing the charges, with a brief statement of its reasons therefor. I ARTICLE 7 I COLLECTION RATES SECTION 5-700. RATES OF COMPENSATION FOR COLLECTION. Maximum rates of compensation for the collection of solid waste I within the City of Dublin shall be adopted by resolution. SECTION 3. IMMEDIATE EFFECT. iCommencing April 1, 1936, Solid Waste disposal will no longer be provided to residents of the City of Dublin by the Dublin-San Ramon Services District. It is necessary to provide for the collection and disposal of Solid Waste prior to such time. This ordinance shall take effect immediately upon its enactment because the adoption and immediate effect thereof is necessary for the preservation of the public peace, health and .;' safety. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 10th day of i4arch, 1986, by the following votes: AYES: Councilmembers Hegarty, Jeffery, Moffat, 7 Vonheeder and Mayor Snyder - NOES: None ABSENT: None i J � }la yor Attest: City Clar.{ v -11-