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Ordinance No. 3874
AN ORDINANCE REQUIRING SOLID WASTE REMOVAL AND DISPOSAL FROM MULTI-
FAMILY RESIDENCES AND ADDING SPECIFIED DEFINITIONS RELATING TO SOLID
WASTE MANAGEMENT
The Board of Supervisors of the County of Butte ordains asl
follows:
Section 1. Legislative Intent: The Board finds and determines that
illegal dumping of garbage and debris has been a chronic problem in the
County for years. Further, recently, improperly managed garbage,
rubbish, and other waste, including but not limited to putrescible
waste, accumulated on properties used far multi-family dwellings in the
County, has grown to become a problem which has the potential to harm
the public health, safety and welfare.
Evidence collected at illegal dump sites indicates that a
significant portion of illegally disposed of garbage in the County
'originates at rental housing facilities in which property owners have
provided no or less than adequate solid waste disposal services.
Often, improperly managed waste is visible and accessible in public'
areas and/or in private areas visible to the public. Such waste
constitutes a visual nuisance. Improperly managed waste may also
constitute a public health threat by attracting disease carrying and
spreading vectors, such as rats, mosquitoes, and feral cats and dogs.
In order to protect the public health, safety and welfare, solid
waste must be properly managed and legally disposed of in the County.
The purposes of this ordinance include, but are not limited to
ensuring, to the extent possible, that the public health, safety and
welfare are protected by requiring proper management and legal disposal
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of solid waste accumulated on, properties used for multi-family
dwellings in the County.
Section 2. Section 31-11.10.1 is added to Article II of Chapter 31 of
the Butte County Code to read as follows:
"Alternative Daily Cover - Processed Green Material.
"Alternative Daily Cover - Processed Green Material" means
green waste with the exclusion of manure. Processed green
material may include varying proportions of wood waste from
urban and other sources and shall be ground, shredded,
screened or otherwise processed in a manner to provide a
compacted material free of open voids when applied to meet
the performance requirements as alternative daily cover.
(Authority: 14 CCR 17852 (a) (21)) "
Section 3. Section 31-11.220.1 is added to Article II of Chapter 31
of the Butte County Code to read as follows:
"Green Waste.
"Green Waste" shall be green material that is any plant
material separated at the point of generation contains no
greater than 1.0 percent of physical cozztaminants by weight.
Green waste includes, but is not limited to, yard trimmings,
untreated wood wastes, natural fiber products, and
construction and demolition wood waste. Green waste does not
include food material, biosolids, mixed solid waste,
material processes from commingled collection, wood
containing lead-based paint or wood preservative, mixed
construction or mixed demolition debris. (Authority: 27 CCR
20590 (b) (3) )„
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Section 4. Sectian 31-11.450 of Article TT of Chapter 31 of the Butte
County Code is amended to read as follows:
`•31-1.1.450 Residential service.
"Residential service" means solid waste and recyclable
material collection service for single-family residences,
and/or trailers, and all multi-family dwellings, including
but not limited to two-family residences (duplexes),
apartment buildings, condominiums, townhouse complexes,
residential hotels and motels, co-operative living complexes
and mobile home/trailer parks, as provided by a licensee
under this chapter."
Sectian 5. Section 3150 of Article VI of Chapter 31 of the Butte
County Code is amended to read as follows:
°31-50 Failure to remove solid waste.
a. The owner or tenant of any premises, business
establishment or industry shall be responsible for the
satisfactory removal of all solid waste accumulated on said
premises. To prevent propagation, harborage or attraction of
flies, rodents or other vectors and the creation of a
nuisance, solid waste, excepting non-flammable inert
material, shall not be allowed to remain on the premises for
more than seven (7) days.
b. Nan-flammable inert materials stared on a premises shall
not be allowed to become either a harborage for rodents,
insects or other vectors, nor a public nuisance. Such inert
non-flammable materials which are not properly stored shall
not be allowed to remain on a premises for mare than thirty
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(30) days.
c. The owner of any multi-family dwelling, as defined in
Section 31-11.20, Section 31-340 and/or Section 31-11.450,
shall contract with a licensee, as defined in Section 31-
11.301, for the provision of solid waste removal and disposal
services for such dwelling, or subscribe to a licensee for
the provision of solid waste services. A11 such owners shall
maintain such a contract or subscription on an ongoing,
continuous basis.
d. Garbage, rubbish, and waste matter accumulated on
properties used for multi-family dwellings shall be placed
in receptacles or stored for collection in the manner
provided by this chapter.
e. A11 receptacles used for the storage of garbage, rubbish
and waste matter accumulated on properties used for multi-
family dwellings shall be emptied and the contents thereof
removed and disposed of when:
1. Said contents are even with the top of the
receptacle; and
2. At least once a week.
3. The owner of any such multi-family dwelling shall
not permit said contents to overflow above the top of the
receptacle prior to removal and disposal."
Section 6. Severabilit .
~f any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by a
court of competent jurisdiction, such provision shall be deemed
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severable, and the invalidity thereof shall not affect the remaining
provisions or other applications of the Ordinance which can be given
effect without the invalid provision or application thereof.
Section 7. Effective Date and Publication. This Ordinance shall take'
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of the
members of the Board of Supervisors voting for and against it, in the
Enterprise-Record a newspaper of general circulation
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of March 2004,
by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Xamaguchi and Chair Beeler
NOES : None
(ABSENT: None
(NOT VOTING: None
(ATTEST:
/ ~~
R.J. HEELER, Chair of the
Butte County Board of Supervisors
PAUL McTNTOSH, Chief
Administrative Officer
and Clerk of t1~e Board
g:\ofdin nce\31 Mu iFa ily Pickup, Oef'ns
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