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HomeMy WebLinkAbout1830ORDINANCE N0. 1830 1 2~ 3 4 5 6 7 8 9 10 11 12 13 14 15 ~, 16 17' ORDINANCE ADDING CRAFTER 3l TO THE BUTTE COUNTY CODE (REFUSE COLLECTION AND REMOVAL) The Board of Supervisors of the County of Butte, State of California, DO ORDAIN as follows: Section 1. That Chapter 31 is hereby added to the Butte County Code to read as follows: Section 31.-1. Refuse Collection. Except as otherwise provided in this chapter, it shall be unlawful for any person, except a person holding a license from. the County, to do any of the fallowing: {a} Collect, store, transport or dispose of any refuse in the unincorporated area of Butte County. (b) Interfere in any manner with any garbage can or receptacle containing refuse or the contents thereof. {c) Remove any garbage can or receptacle from the place where the same is placed by the owner or the keeper thereof or to remove the contents. Section 31-2. Same: Exceptions: The licensing provisions of this article do not apply to the following persons: (a) A person who removes his own refuse or refuse of 18 I9 20 2l. 22 23 24 2S 28 another without compensation. (b) A person who collects vegetable matter or food waste, without any charge, for use as food for animals. (c) A person who operates a lawful business having leavings, waste material or refuse residue which is collected, transported and disposed of in the natural. course of the business, including, but not necessarily limited to, gardeners, tree trimmers, street cleaners, construction or demolition contractors. is 1 2 3 4 5 8 7 8 9 ZO 1 ~ 12 13 14 la 1B 1? 18' 19 20 2~ 22 23 24 25 2B Section 31-3. Applications for license; Any person I desiring a license to perform the acts specified in Section 1 of this article shall file with the County Health Officer an applica- tion on the form supplied by Butte County. The application shall include the following information: (a) The business address axzd, if different, any and all addresses where collection vehicles, operating equipment or other facilities are located or will be kept, and the zoning classification of each such location. (b) The name and address of the applicant and all owners and officers of the business and their percentages of ownership. (c) A description of all collection vehicles and equipment that the applicant owns or has under his control for the collection or transportation of refuse, including make, year of manufacture, engine number, mechanical condition, license °number, and whether or not it is self-unloading. (d) The disposal site where the applicant intends to dispose of refuse. Section 31-4. Documents to accompany application. The application shall be accompanied by the following documents: A policy of public liability and property damage insur- ance, or insurance certificate thereof, issued by a company duly and legally licensed to transact business iri the State of 1 California, covering personal injuries, including wrongful death, and claims for property damage that arise from the operation z. under the License. Said insurance policy sha11 be issued at the expense of the applicant and maintained by him during the entire period that the license is in force and shall contain a provision that the policy will not be cancelled without ten (10) days prior written notice by the insurance company to the County Health ;Officer. Said insurance policy shall be in a form approved by 7 8 9 10 ~~ 1.2 1~ 34 15 1.6 17 28 L9 20 2I 2~ 23 24 2$ 26 -the county Counsel and shalt name the applicant and the County, .`and the officers, employees and agents of the applicant and the .County, as co-insureds. The minimum limits~on said insurance shall be not less than $100,000 for injuries, including wrongful death, to any one person, and in an amount not less than $300,000 far any one accident; and property damage in an amount not less than $100,000. The applicant shall also submit an indemnity bond or some other security device acceptable to the county in the iamount of $2,000, which bond or security device shall be for the 'benefit of the public to assure compliance with this ordinance as well as failure to provide services that have been collected for. Section 31-4.5. The sheriff will conduct an investigation of the applicant. The applicant shall be fingerprinted and if 'the applicant has been convicted of a felony or any crime invol -moral turpitude within the last ten years, the license shall be .denied. Section 31-5. Collection Vehicles and Equipment. (a) Every collection vehicle used by a licensee for collecting and disposing of refuse shall be kept clean on the. 3. is 2 3 4 5 6' 7 8 9 ~o 1~: 12 13 14 15 16' 17 18 19 20 21 22 23 24 26 inside and clean and well painted on the outside, and there shall be displayed on each side of each vehicle the business firm's name and the words "County License No. ," in letters .not less than four (4) nor more than twelve (l2) inches in height. ,All garbage collection vehicles and drop boxes or transfer bins used for purposes of receiving and hauling garbage shall have :metallic lined beds or metal containers, shall be watertight, and shall be equipped with adequate covers so that the garbage wi11 not be offensive and will not be blown or scattered .from ;.the truck. Refuse shall be loaded on vehicles so that none of it falls, drops or spills upon the ground, and it shall be pro- tected from wind and rain. A shovel, broom and fire extinguisher shall be kept on each vehicle at all times. (b) A licensee shall give written notice and a description of newly acquired refuse collection vehicles to the 'county Health Officer within fourteen (l4} days after acquisition. (c) The County Health Officer sha-ll inspect all :`garbage collection vehicles, and transfer bins at the time a license application is filed and shall inspect all collection vehicles including newly acquired collection vehicles at least :once a year thereafter. Requests for yearly inspection shall be ;made by the County Health Officer two (2) weeks in advance. (d) A11 vehicles and collection receptacles in excess of ten (1Q) cubic yards shall have the cubic yard capacity stenciled on the left side of the vehicle or receptacle. Section 31-6. License fees. All licenses shall be issued by the County Health Officer. 4. ;The license fee shall be $100 per year. ~rlhen the license is first 2 :authorized, the licensee shall pay the aforementioned fee to the 3 County Health Officer for the balance of-the initial calendar 4 "year, prior to issuance of the license. Thereafter, the license g .fee shall be paid to the County Health Officer annually, in advancE 6 on or before the tenth business day in January of each year. If ~a licensee fails to pay said fee by said date, his license shall g automatically terminate on such tenth business day of January 9 and the former licensee shall thereafter apply for a new license 10 in full compliance with all of the provisions of this chapter if I1 he desires to secure a new license. 32 Section 31-7. Suspension, modification or revocation ].3 of license . Z4 (a) The County Health Officer shall make appropriate 15 :investigations to determine if there has been a violation of this 18 chapter, any rules and regulations adopted thereunder, or state 17 ox federal law; or if the licensee misrepresented a material 18 statement of facts in the application for a license; or for other 19 ::good cause adversely affecting the public health, safety or 2D :welfare. If, in the opinion of the County Health Officer, there i~ 27- sufficient evidence to constitute such a violation or cause, the 22 County Health Officer shall give the licensee written notice o.f_ 23 :the alleged violation or cause, the measures that are to be taken 24 'to correct the violation or cause, and the time in which the 25 ':corrective measures must be completed. If the licensee is unable 2B for refuses to correct the violation or cause as ordered by the ~~, 5. 1 County Health Officer, the County Health Officer shall forthwith ~ -give written notice to the licensee directing him to appear before 3 -the Board at a stated time and place and show cause why the 4 license should not be suspended, modified or revoked. ~ (b) At the time fixed in said notice, the Board shall 8 :hear the testimony of the County Health Officer, the licensee and 7 other interested persons who may be present and desire to 8 testify concerning the alleged violation or cause and any other 9 matter which the Board deems pertinent thereto. Upon the LO conclusion of said hearing, the Board may dismiss the hearing or 1~ the Board may suspend, modify or revoke a license upon finding; 12 (1) That the licensee violated any of the 13 :provisions of this Chapter, any rules or regulations adopted ~.4 thereunder, or State or Federal law; or 1~ {2) That the licensee misrepresented material 16 statements of facts in the application for a license; or 17 (~) Other good cause which, in the sole discretion 18 of the Board, adversely affects the public health, safety or 13 welfare. 20 The Board shall give written notice to the 21 licensee of its findings and its orders pursuant to this section. 22 (c) In lieu of the immediate suspension, modification, 23 or revocation of a license, the Board may order compliance and ~ make suspension, modification or revocation contingent upon ~ failure to comply with the order within a time stated in said 28 order. ` If 6. 1 2 3 4 S B 7 8 9 1Q I1 12 13' I4 15 16 17 18 as 2D 21 22 23: 24 2:5. 28 Section 31-7.5. Upon revocation of a license, the .following procedure shall be followed: (a} The County shall send a registered letter to the :solid waste collector containing notification of license revocation. (b) The solid waste collector whose license has been revoked shall not collect garbage, rubbish and waste matter, or otherwise perform the duties and business of a solid waste collector within the county after a period of thirty (30) days following the date of revocation. (c) The solid waste collector sha11 notify all his 'customers of revocation within a period of fifteen (15) days following date of said revocation, or the county shall notify said customers at the sole expense of and recoverable from the performance band of said solid waste collector, as provided for .within this article. (d) The solid waste collector shall notify the Public Works Director upon the completion of customer notification. Section 31--5. Refuse Removal. Frequency of solid waste removal. The owner ar tenant of any premises, business establish ment or industry shall be responsible for the satisfactory removal ``of solid wastes accumulated by him on his property or his premises `Garbage shall not be allowed to remain on the premises for more ;than seven days, to prevent propagation or attraction of flies, rodents or other vectors, and the creation of nuisances. Where 7, 1 garbage and rubbish are containerised together, the period of .removal shall be that applied to garbage. Thee is determined to be na mandatory refuse collection in the unincorporated area of butte County and the determination of which method of safe, sanitary removal of such refuse is to be determined by the property owner or tenant generating such refuse. All garbage shall be stared in suitable non-absorbent, 10 ~1 12 13 14 15 1~ 17 18 is 2~ 2z 22 2~ 24 25 26 leakproof, structurally sound containers covered with close fitting lids which will prevent the entry of flies and rodents -and prevent the escape of odors. Garbage storage containers shall be maintained in a sanitary condition. if garbage storage containers are furnished by the garbage collector, it sha11 be the responsibility of the collector `to maintain the containers in a good and sanitary condition. Containers with a capacity of one cubic yard or more furnished ~ by the collector, shall be clearly marked with the collector`s :name and telephone number. (Nothing herein shall be deemed to prohibit the collector from charging the customer special charges resulting from the requirements of this paragraph.) Section 31-5.5. Where garbage is collected by a licensed .collector, garbage containers at residential locations shall be no less than ten (10) gallons in capacity nor more than thirty-two (3~) gallons in capacity. Said garbage cans shall weigh no more t~zan sixty-five (65) pounds. Said can shall: (a) Be on a well-drained surface, or that the entire :receptacle will be beneath the surface of the ground in concrete 3. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1B 17 18 19 20 21 22 23 24 2a 28 forms made particularly far such purpose. (b) That the receptacles are readily accessible far emptying and removing the garbage therein. (c) That such receptacles will not be offensive or a nuisance to any person. Section 31-9. Definitions. Garbage sha11 include all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs and shall include bottles, t~.n cans, and other containers and papers contaminated with garbage. Rubbish includes non-putrescible.solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products and litter. Refuse includes garbage and rubbish. Section 31-10. Burning of garbage. Garbage may be burned in Butte County with the consent of the County Health Officer and the Air Pollution Control District if such burning is done in an approved crematory. Section 3l-ll. Enforcement. The County Health Officer is directed to enforce all °provi.sians of this ordinance relating to vehl.cle inspection, solid waste storage and hauling and other ~.tems relating to health and sanitation. Section 31-12. When any licensee decided to discontinue his garbage collection to any customer, prior to doing so, he 9. 1:' 2 3 4 gI 8; T 8 9 lo' Ili 12 13! 14 35 16 17 18 19 20: 21 22 23 24 2g 2s E:shall give that customer written notice of his intent to dis- ;continue service sixty (60) days prior to the discontinuance of such service, provided the account of the customer is current. E Section 2. This ordinance shall take effect August ~., 1977 which is in excess of thirty (30) days from the date of adoption .and before the expiration of fifteen (15) days shall be published, "with the names of the members voting for and against in Chico Enterprise Record a newspaper of general circula- °tion published in the Cou~n.ty of Butte, State of California. ~'ASSED AND ADOETED by the Butte County Board of Supervisors this 31st day of May 1977, by the :following vote: E' AYES ; Supervisors Lemke, Madigan, Mose~.ey, Winston and Chairman Ri.cht r NOES : None ABSENT :None NOT j10TZNG : None ~ ~~ ~ERNARD D. RICHTER, Chairman o the Board of Supervisors ;:ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board ~; By G¢~„E 41~.t,~ I0.