HomeMy WebLinkAbout3936ORDINANCE NO. 3936
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 1698 ENTITLED IN PART "AN ORDINANCE . . . REGULATING . . . THE
COLLECTION OF GARBAGE AND/OR REFUSE . . ."; AND PERMITTING SOLID
WASTE ENTERPRISES TO PROVIDE SOLID WASTE HANDLING SERVICES BY
PERMIT SUBSEQUENT TO THE FIVE YEAR PERIOD AUTHORIZED BY STATE LAW.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 1698 is hereby amended by adding
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,thereto Subsection Eight and One-Quarter to read as follows:
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"Section Eight and One-Quarter. Any solid waste enterprise
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'which is providing solid waste handling services pursuant to the
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authority of Sections 4270 through 4273 of the Health and Safety
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Code and City Ordinance No. 1698 may continue to provide such
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,servJ.ces
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lof said Code upon and
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beyond the period of five years set forth in Section 4272
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services by the Mayor and Common Council of the City of San Bernarl
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dino and subject to the provisions of Section 4272 of said Code andl
after the granting of a permit for such
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said ordinance but only if:
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(a) The permit is and remains in full force and effect;
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(b) The services of the enterprise are and continue to be
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lin substantial compliance with any term or condition imposed under
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,such permit or as may be modified by the Mayor and Common Council
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i: (and kept on file in the office of the Superintendent of
liDisposal Division
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the Refusel
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in substantial compliance with Section 42721
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No. 1698 and each term and condition of
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of City) and with any other applicable section
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,of this ordinance;
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Iservices are and remain
'of said Code, Ordinance
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(c)
The rates charged and the quality and frequency of
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IlsuCh
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Each permit shall be for a period of five (5) years, and
permit.
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shall terminate at the end of such period unless renewed or ex-
2 tended by the Mayor and Common Council. It shall not be trans-
3 ferable or assignable without the approval of the Mayor and Common
4 Council. The permit may be terminated at any time by a thirty (30
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day written notice mailed to the solid waste enterprise at the
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'address on file in the office of said Superintendent when in the
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sole discretion of the Mayor and Common Council it is determined
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that the enterprise is not in substantial compliance with any term
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and condition of the permit, Section 4272 of said Code, or Ordi-
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nance No. 1698, or for any other reason. The permit shall termin-
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ate thirty (30) days after the mailing of the notice.
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Notwithstanding any provision herein to the contrary, the
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amendment of Health and Safety Code Sections 4270 through 4273 or
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the extension of the five (5) year period under Section 4272 or
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other applicable law shall pre-empt the provisions of this ordi-
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I nance and any rights or privileges granted hereunder shall there-
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!upon become null and void.
However, the repeal of all or anyone
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! of Sections 4270 through 4273 of the Health and Safety Code shall
!: not affect the intent and meaning of this section and the pro-
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I' visions of said sections of the Code shall be deemed to remain in
! effect with the same language and meaning as existed on the date
I' of adoption of this section."
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'adopted by the Mayor and Common Council of the City of San
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Ii Bernardino at
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lion the
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Ii following vote, to wit:
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I HEREBY CERTIFY that the foregoing ordinance was duly
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day of
, 1980, by the
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meeting thereof, held
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Councilmen ~.d~<...t 5 [1;.L,~~
Jili<<j ~ L~ :du<</
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~Affi~'L~,,) vii:..tiM
o.
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AYES:
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NAYS:
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ABSENT:
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'-I'it-u ~ /;.-:;
c/'
~/1nd/g/ll1l;
City Clerk
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The foregoing ordinance is hereby approved this /0( day
of
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IApproved as to form:
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~ e
. -A.. ~A..-.1~-
iCi ty l20rney
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, 1980.
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