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HomeMy WebLinkAboutMC-1334Adopted: October 4, 2010 Effective: November 4, 2010 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 21 ~a+' 23 25 26 27 28 ORDINANCE NO. MC-1334 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. WHEREAS, the self-haul section 8.24.285 needs to be added in order to define the term "self-haul" and enforce the Construction and Demolition Program (C&D); and BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The following definition will be included in Section 8.24.285: "Construction Contractor" means any state licensed construction contractor performing construction at a job site. Construction Contractor includes the general contractor and any subcontractors at the job site. A person or company employed, whether for a fee or otherwise, to haul recyclables and construction and demolition debris generated by a Construction Contractor is not a Construction Contractor for purposes of this chapter. "Job Site" means a location at which recyclables and construction and demolition debris are generated by a Construction Contractor. Section: 8.24.285 Self-Hauling (A) Subject to subsection (B), a Construction Contractor may self-haul recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 8.24.5.020(D), generated by the Construction Contractor at the Job Site. When acting as a general contractor, the Construction Contractor may haul these same materials for any Construction Contractor acting as a subcontractor at the same Job Site. (B) The right of a Construction Contractor to self-haul or haul hereunder is subject to the following conditions: (7) All Construction Contractors generating any of the recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 8.24.020(D), to be self- hauled or hauled shall have a valid City business registration certificate; and, (2) The Construction Contractor owns or leases the self-hauling or hauling equipment, and the equipment is clearly marked with the identity of the Construction Contractor including, as a minimum threshold requirement, company name, address, and phone number; and, (3) The Construction Contractor provides proof of insurance for said vehicle; and, MC-1334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. (4) The Construction Contractor's equipment shall be operated by an employee of the Construction Contractor at all times during any self-haul or haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; and, (5) The Construction Contractor performing the self-haul or haul holds a current Building and Demolition Permit which covers all recyclables or construction and demolition debris for which the Construction Contractor will be performing self-hauling or hauling, and the Construction Contractor complies with the Construction and Demolition provisions of the City. (6) The Construction Contractor shall hold for a Self Hauling Permit Fee as set by the Mayor and Common Council. (7) Regardless of the valuation of the project, the Construction Contractor shall remit a deposit as set by the Mayor and Common Council. SECTION 2. The following fees and deposits will be included in Section 8.24.285: (1) A Construction and Demolition application fee per project. (2) A self haul fee per project. (3) A deposit shall be required per self haul project regardless of the valuation. SECTION 3. Self-Haul is subject to the rules and regulations as set forth in the San Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste Recycling Program) and fees and deposits as set for by the Mayor and Common 22 Council. 23 /// 24 /// 25 /// 26 /// 27 28 /// MC-1334 1 2 3 4 5 6 7 8 9 10 11, 12~ 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4tn day of October 2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ ~ DESJARDINS x BRINKER g SHORETT x KELLEY g JOHNSON x MCCAMMACK g Rac el G. Clark, City Clerk r~' The foregoing resolution is hereby approved this tv~' day of oct. , 2010. Approved as to Form: JAME F. PENMAN, City Attorney By: ~' ~z~- tric J. Morris, ayor City of San Bernardino