HomeMy WebLinkAboutMC-1346
Adopted: March 21, 2011
Effective: April 21, 2011
1 ORDINANCE NO. MC-1346
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
CONCERNING SELF-HAUL.
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WHEREAS, the self-haul section 8.24.285 needs to be amended in order
to better define the term "self-haul" and enforce the Construction and Demolition
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Program (C&D); and
WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets
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forth uniform requirements and regulations for the direct and indirect users of the
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refuse and recycling collection services of the City; and
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WHEREAS, the self-haul section 8.24.5.285 needs to be amended in
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order to define the term "self-hauling" and enforce the Construction and
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Demolition Program (C&D), and
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WHEREAS, the current definition under Section 1 of "Self-Hauling" set
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forth at San Bernardino Municipal Code Section 8.24.285 allows for general
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contractors to self-haul recyclables and C&D Waste, as defined in San
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Bernardino Municipal Code section 8.24.5.020, and may haul these same
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materials for any other Construction Contractor at the same Job Site, and
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WHEREAS, there is a need to amend certain sections of Chapter
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8.24.285 of said Code in order to allow subcontractors performing construction at
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a job site to also self-haul recyclables and C&D Waste, as defined in San
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Bernardino Municipal Code section 8.24.5.020, and may haul these same
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materials for any other Construction Contractor at the same Job Site, and
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MC-1346
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
CONCERNING SELF-HAUL.
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NOW THEREFORE THE MA VOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code Title 8, Chapter 8.24,
6 Section 8.24.285 is here by amended as follows:
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Section:
8.24.285 Self-Hauling
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(A) Definitions:
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(1) "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.
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(2) "Job Site" means a location at which recyclables and construction and
demolition debris are generated by a Construction Contractor.
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(B) Subject to subsection (C), a Construction Contractor may self-haul
recyclables or C & D Waste, as defined in San Bernardino Municipal Code
section 8.24.5.020, generated by any Construction Contractor at the Job Site.
The Construction Contractor may haul these same materials for any Construction
Contractor at the same Job Site.
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(C) The right of a Construction Contractor to self-haul or haul hereunder is
subject to the following conditions:
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(1) All Construction Contractors generating any of the recyclables or C & D
Waste, as defined in San Bernardino Municipal Code section 8.24.5.020, to be
self-hauled or hauled shall have a valid City business registration certificate; and,
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(2) The Construction Contractor owns or leases the self-hauling or hauling
equipment, and the equipment is clearly marked with the identity of the
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Construction Contractor including, as a minimum threshold requirement,
company name, address, and phone number; and,
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(3) The Construction Contractor must be performing construction and demolition
work on the permitted job site; the Construction Contractor cannot serve solely
as a hauler of debris from the job site.
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1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
CONCERNING SELF-HAUL.
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(4) The Construction Contractor provides proof of insurance for said vehicle; and,
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(5) The Construction Contractor's equipment shall be operated by an employee
5 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
6 and regulations; and,
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(6) The Construction Contractor performing the haul or self.,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 the
haul or self-haul and the Construction Contractor complies with the Construction
and Det;nolition provisions of the City.
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(7) The Construction Contractor performing the haul or self-haul shall pay a Self
Hauling Permit Fee as set by the Mayor and Common Council.
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(8) Regardless of the valuation of the project, the Construction Contractor
performing the haul or self-haul must comply with San Bernardino Municipal
Code section 8.24.5 and shall submit an Application Fee, Security Deposit as set
by the Mayor and Common Council and obtain a C&D permit for Projects as
15 defined in San Bernardino Municipal Code section 8.24.5.020.
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SECTION 2. The following fees and deposits will be included in Section
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8.24.285:
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(1) A Construction and Demolition application fee per project.
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(2) A self haul fee per project.
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(3) A deposit shall be required per self haul project regardless of the valuation.
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SECTION 3.
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Self-Haul is subject to the rules and regulations as set forth in the San
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Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste
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Recycling Program) and fees and deposits as set for by the Mayor and Common
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Council.
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MC-1346
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL
2 CODE CONCERNING SELF-HAUL.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a ; oint regular meeting
6 thereof, held on the 21st day of
7 vote, to wit:
March
, 2011, by the following
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 MARQUEZ
x
10 VACANT
11 BRINKER
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SHORETT
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KELLEY
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15 JOHNSON
16 MCCAMMACK
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x
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x
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x
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-J " L'::J (l I) I h
~.,\:--"t.,'1"\.t. t,. . '- \...~'L/ ~.
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Rachel G. Clark, City Clerk
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21 The foregoing Ordinance is hereby approved this ~n.J.. day of March ,
22 2011.
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Patrick J. Morris, Mayor
City of San Bernardino
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26 Approved as to Form:
27 James F. Penman, City Attorney
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