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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 15
OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING CHAPTER 15.38
3 REGULATING THE LOADING AND REMOVAL OF CONCRETE, ASPHALT AND
UNUSABLE CONSTRUCTION ~~TERIALS. (URGENCY MEASURE)
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ORDINANCE NO.
MC-57
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THE MAYOR AND CO~10N COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Title 15 of the San Bernardino Municipal Code
7 is amended by adding Chapter 15.38 as follows:
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"15.38.010 Permit required.
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It is unlawful for any person, firm, corporation, co-
10 partnership or association, either as owner, agent or otherwise,
11 to load on a vehicle or otherwise prepare to remove concrete,
)2 asphalt or other unusable construction material from any site
)3 without first having procured a permit from the Building and
14 Safety Department of the City of San Bernardino.
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15.38.020 Unusable construction material defined.
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Unusable construction material is any material, originally
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intended to be utilized in the construction of any structure or
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supporting surface of any kind which can no longer be economically
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utilized in the construction of such structure or supporting
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surface.
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15.38.030 Permit issued.
The Department of Building and Safety shall issue a permit
for the loading onto a vehicle and removal from a site in the
City of San Bernardino of concrete, asphalt and unusable con-
struction material upon filing of a proper application and the
payment of fees and deposits as set forth in section 15.38.040.
15.38.040 Fees and deposits.
A. The applicant shall pay a fee of ten dollars for each
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vehicle used under the provisions of this chapter.
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B. An applicant who does not have a valid City business
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license as a hauler shall pay a deposit of eight dollars for each
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ton of vehicle carrying capacity multiplied by the number of
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trips from the originating site to a lawful disposal or dum~ site.
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Except as provided in section 15.38.050, the deposit shall be re-
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funded to the applicant upon presentation of dump receipts or
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other evidence that the materials hauled were deposited or dumped
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in such lawful site and the representation of the permittee that
all materials loaded and removed from the originating site were
lawfully disposed of or dumped in accordance with this chapter.
C. An applicant who has a valid City business license as
13 a hauler may pay the amount of the deposits set forth in subsec-
14 tion B of this section, or pay a deposit of one thousand dollars
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for each vehicle used under the provisions of this chapter.
The
16 applicant shall present dump receiDts or other evidence that the
17 materials hauled were deposited or dumped in such lawful site to
18 the Department of Building and Safety at the start of each workin
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day.
Receipts for weekend dumping shall be presented on the
21 deposit shall be returned to the permittee upon his representa-
following Monday.
Except as provided in section 15.38.050, the
22 tion that activities under this chapter have terminated and that
23 all materials loaded and removed from the originating site were
24 lawfully disposed of or dumped in accordance with this chapter.
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15.38.050 Return of deposit.
26 A permittee who unlawfully transports and dumps or other-
27 wise disposes of materials under this chapter shall be charged
28 with the cost to the City for removal and proper disposition of
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materials unlawfully disposed of or dumped and his deposit
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be used to pay for such costs.
That portion of the deposit
3 which exceeds the cost to the City shall be returned to the per--
4
mittee.
If the cost to the City exceeds the amount of the
5 permittee's deposit, that portion of the cost which exceeds the
6 deposit shall become an obligation of the permittee to the City.
7 If the permittee has caused the money on deposit to be returned
8 to him because of a misrepresentation he shall be obligated to
9 the City for the entire cost of removal and proper disposition of
10 the materials.
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15.38.060 Violation - Penalty.
12 Any person, firm or corporation violating any of the pro-
13 visions of this chapter shall be deemed guilty of a misdemeanor,
14 and upon conviction thereof shall be punished by a fine not exceed
15 ing five hundred dollars, or by imprisonment for a term not exceed
16 ing six months, or by both such fine and imprisonment.
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15.38.070 Exceptions.
18 The provisions of this chapter shall not apply to a vehicle
19 with a maximum carrying capacity of less than one ton."
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SECTION 2. ~~ge~cy.
This ordinance is an emergency and
21 urgency measure necessary for the immediate preservation of the
22 public peace, health or safety and shall go into effect immediatel
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upon its adoption and approval.
The facts constituting such
24 emergency are:
25 The widespread practice of dumping of concrete, asphalt
26 and unusable construction materials on public and private propert_,
27 without the consent of the property owner has increased signifi-
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cantly in recent weeks.
Such dumping causes property damage,
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"attractive nuisances", unsightly neighborhoods, and great expense
2 to the property owner, including the City, to remove and dispose
3 of these materials. This ordinance is necessary to abate public
4 nuisances which have increased alarmingly and to preserve public
5 forces and funds greatly needed for other public purposes.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8
Bernardino at a
regular
meeting thereof,
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held on the
l8~day of
May
, 1981, by the
10 following vote, to wit:
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Councilmen Castaneda, Wheeler, Hernandez,
AYES:
Gerwig, Hudson, Hobbs, Strickler
NAYS:
None
ABSENT:
None
o.dj?/(Hd/~h
~ Cl ty Clerk
of
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The foregoing ordinance is hereby
, 1981.
Approved as to form:
C&~:V~
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