HomeMy WebLinkAbout24A- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTIQA' R I G I N A L
From: Randy Kuettle, Acting Director Subject: An ordinance of the City of San
Bernardino amending the definition of
Dept: Public Services 'Roll-off Bin" contained in Section
8.24.060(W), of Chapter 8.24 of the San
Date: January 27, 2010 Bernardino Municipal Code.
Meeting Date: February 1, 2010
Synopsis of Previous Council Action:
January 19, 2010 (MC 1321) — An urgency ordinance was approved by the Mayor and
Common Council of the City of San Bernardino in order to amend the definition of "Roll-
off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino
Municipal Code and declaring the urgency thereof.
October 2, 2006 (MC 1232) — An Ordinance of the Mayor and Common Council of the
City of San Bernardino, California Repealing Chapter 8.21; Repealing and Replacing
Chapter 8.24 of the San Bernardino Municipal Code Regarding Garbage and Rubbish
and Repealing and Replacing Chapter 8.25 regarding scavenging of recyclable
materials.
Recommended Motion:
That said ordinance be laid over for final adoption.
Contact person: Randy Kuettle, Acting Director Phone: 140
Supporting data attached: Ward: All
Staff Report, Ordinance and
Attachment "'I"
FUNDING REQUIREMENTS: Amount: None
Source: Citations
(No Cost to the City)
Finance:
Council Notes:
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Agenda Item No °�4A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
An ordinance of the City of San Bernardino amending the definition of "Roll-off Bin"
contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal
Code.
Background:
On January 19, 2010, an urgency ordinance was approved by the Mayor and Common
Council of the City of San Bernardino in order to amend the definition of "Roll-off Bin"
contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal
Code and declaring the urgency thereof per (MC 1321). Due to the length of time
required to adopt an ordinance and the threat of unregulated hauling to the public health
and safety, it was necessary to bring the issue forward as an urgency ordinance. Staff
is placing the current item on the agenda as a precaution in case any issues arise with
respect to the urgency ordinance that was previously adopted.
On August 11, 2009, a Public Services Department, Integrated Waste Management
Inspector issued an Administrative Citation to a construction company for using a roll-off
bin to haul dirt. The Administrative Citation was for a violation of Title 8 of the San
Bernardino Municipal Code Section 8.24.270 (Roll-off bins — Franchise Required),
which states that, "It shall be unlawful for any person to provide roll-off bin services to
any person or to place any roll-off bin on the public right-of-way, public or private
property in the City without first obtaining a contract or franchise agreement with the
City to provide such services." However, the hearing officer determined that the
construction company did not violate San Bernardino Municipal Code Section 8.24.270,
because the definition of garbage did not include discarded or excess dirt and therefore
was not considered a roll-off bin (See Attachment "I").
San Bernardino Municipal Code Section 8.24.060(W) defines a "roll-off bin" as, "Any
large metal container, bin or drop body used for the temporary collection of garbage
usually measured in cubic yards." San Bernardino Municipal Code Section 8.24.060(M)
states, "Garbage means and includes table refuse, swill, and offal, animal excrement or
the carcasses of animals, fish or fowl over five (5) pounds in weight, and every
accumulation of animal, vegetable and other matter that attends the preparation,
consumption, decay or dealing in or storage of meat, fish, fowl, fruit and includes all
animal and vegetable refuse from kitchens and all household waste that has been
prepared from or intended to be used as food, or has resulted from the preparation of
food and also includes all vegetable trimmings from markets, stores, dining rooms, food
establishments or any other place using, dealing in or handling meats, fish, fowl, fruits,
vegetables, grains or other foodstuffs. Articles and things not hereinbefore enumerated
are not included in the term 'garbage' including but not limited to: dish or waste water,
paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes,
wire and sweepings and like materials."
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report- Continued
The definition of garbage does not include discarded or excess dirt, construction and
demolition wastes, concrete, wood, metal, glass, asphalt, drywall, plaster, stucco,
roofing material, bricks, recyclable discards, e-waste, green waste, hazardous waste,
vehicle parts, bulky items, and other similar items. The primary reason for the
ordinance change is because the Public Services Department, Integrated Waste
Management Division is being prevented from enforcing San Bernardino Municipal
Code Section 8.24.270 (Roll-off bins — Franchise Required), which is allowing
unregulated hauling of trash, debris and other items.
The existing definition is outdated and limits the contents to garbage, which is not what
private haulers usually haul in roll-off bins. Private haulers usually use roll-off bins to
collect refuse, dirt, asphalt, drywall, plywood, plaster, stucco, roofing material, bricks,
vehicle parts and recyclable discards such as paper, cardboard, plastic, etc. If left
unchanged, the City of San Bernardino will not be able to prevent or control private
companies from providing roll-off bin services without first obtaining a contract or
franchise agreement with the City of San Bernardino.
Staff is recommending that the roll-off bin definition be changed to the following, " 'Roll-
off bin' means any size container, including but not limited to an open top/compactor bin
or drop body, to which are attached rollers or skids that facilitate movement of the
container onto or off of a roll-off truck, flat-bed truck, front loading vehicle or similar
vehicle, which vehicle is permanently or temporarily fitted for carrying such container,
and by which vehicle the container is moved from site to site for use, servicing, or
storage. Use, servicing, or storage may include, but is not limited to, the collection or
deposit of refuse, recyclables, garbage, e-waste, hazardous waste as well as other
byproducts of residence, business, or commercial structures."
With the definition revision, the City of San Bernardino will be able to enforce San
Bernardino Municipal Code Section 8.24.270.
Financial Impact:
No Cost to the City. If these changes to Chapter 8.24 are not approved, the City of San
Bernardino will lose the ability to enforce the intent of the San Bernardino Municipal
Code; a mechanism of which, is the ability to fine.
Recommendation:
That said ordinance be laid over for final adoption.
2
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
DEFINITION OF "ROLL-OFF BIM' CONTAINED IN SECTION 8.24.060(W), OF
3 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
4 WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets forth
5 uniform requirements and regulations for the direct and indirect users of the refuse and
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recycling collection services of the City; and
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8 WHEREAS, the use and servicing of roll-off bins affects the health, safety, and
9 welfare of the community; and
10 WHEREAS, the current definition of "Roll-off Bins" set forth at San Bernardino
11 Municipal Code Section 8.24.060(W) allows for unregulated collection, servicing,
12 transportation, and storage of refuse, posing a threat to the health, safety, and welfare
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of the community.
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15 WHEREAS, there is a need to amend certain sections of Chapter 8.24 of said
16 Code in order to better clarify the definition of 'Roll-off bin" and prevent unregulated
17 collection, transportation, storage and servicing of refuse which poses a threat to the
18 health, safety, and welfare of the community.
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF
2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
4
5 SECTION 1. San Bernardino Municipal Code Section 8.24.060(W) is amended
6 to now read as follows: "W. 'Roll-off bin' means any size container, including but not
7 limited to an open top/compactor bin or drop body, to which are attached rollers or
8 skids that facilitate movement of the container onto or off of a roll-off truck, flat-bed
9 truck, front loading vehicle or similar vehicle, which vehicle is permanently or
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temporarily fitted for carrying such container, and by which vehicle the container is
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12 moved from site to site for use, servicing, or storage. Use, servicing, or storage may
13 include, but is not limited to, the collection or deposit of refuse, recyclables, garbage,
14 e-waste, hazardous waste as well as other byproducts of residence, business, or
15 commercial structures."
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
DEFINITION OF "ROLL-OFF BIM' CONTAINED IN SECTION 8.24.060(W), OF
2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
4 Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof, held on the day of 2010, by the
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following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13
KELLEY
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JOHNSON
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16 MCCAMMACK
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Rachel G. Clark, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2010.
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Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to Form:
24 JAMES F. PENMAN,
City Attorney
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B y l
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ATTACHMENT "I"
1 OF TTHE CITY OF HEARING RNARDINO
2 PUBLIC SERVICES DEPARTMENT
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4 HEARING OFFICER
ORDER NO. IW 09-01
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6 WHEREAS, pursuant to the San Bernardino Municipal Code (SBMC), Title 9,
7 Chapter 9.92, an Administrative Citation was issued at 4040 E. Piedmont Dr. Sp#287,
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Highland, California on August 11, 2009 to Casey Construction and business owner
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Patrick Casey requested an appeal of the Administrative Citation to the Hearing officer
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11 of the City of San Bernardino; and
12 WHEREAS, pursuant to the San Bernardino Municipal Code, the Public Services
13 Department has served a Notice of Hearing before the Hearing Officer of the City of San
14 Bernardino relating to the Administrative Citation, a copy of which is on file in these
15 and
proceedings;
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WHEREAS, a hearing was held to receive and consider all relevant evidence,
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18 objections or protests on October 15, 2009; and
t9 WHEREAS, Patrick Casey appeared and spoke at the hearing,
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Page 1 of 3
1 HEARING OFFICER
ORDER NO. IW 09-01
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3 NOW THEREFORE, IT IS ORDERED BY THE HEARING OFFICER OF THE CITY OF
a SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. Based upon the evidence submitted, it was found and determined
6 that the Administrative Citation issued to Casey Construction on August 11, 2009 by the
7 Public Services Department was issued to the responsible parry for a violation of Title 8
8 of the San Bernardino Municipal Code.
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SECTION 2. The Hearing Officer finds that Casey Construction did not violate
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SBMC §8.24.270, which prohibits providing roll-off bin services without a contract or
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franchise agreement in the City of San Bernardino, California. SBMC §8.24.060.W
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defines a "roll-off bin" as"any large metal container, bin or drop body used for the
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temporary collection of garbage usually measured in cubic yards." SSMC §8.24.060.M
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states, "Garbage" means and includes table refuse, swill, and offal, animal excrement o
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the carcasses of animals, fish or fowl over five (5) pounds in weight, and
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every accumulation of animal, vegetable and other matter that attends the
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preparation, consumption, decay or dealing in or storage of meat, fish, fowl, fruit and
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includes all animal and vegetable refuse from kitchens and all household waste that has
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been prepared from or intended to be used as food, or has resulted from the
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preparation of food and also includes all vegetable trimmings from markets, stores,
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dining rooms, food establishments or any other place using, dealing in or handling
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meats, fish, fowl, fruits, vegetables, grains or other foodstuffs. Articles and things not
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hereinbefore enumerated are not included in the term "garbage"including but not
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limited to: dish or waste water, paper and other combustible or inflammable material,
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crockery, glass, cans, tins, ashes, wire and sweepings and like materials.
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The definition of garbage does not include discarded or excess dirt. Patrick
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Casey's testimony, undisputed by the City, was that on the date of the citation he used
Page 2 of 3
I the bin as a container for earth moving equipment and as a container for dirt excavated
2 with the equipment. It was not used for garbage as required by SBMC §8.24.060.W.
3 and therefore was not a roll-off bin.
4 Administrative Citation number 009-401-09 is dismissed and no fine is assessed.
5 SECTION 3. Administrative adjudication procedures are not exclusive.
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Notwithstanding any other provisions of this order, the authority of the Administrative
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Law Officer to conduct administrative hearings in accordance with the Municipal Code
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shall not preclude the City from seeking any remedies for Code or ordinance violations
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10 through the use of any other administrative procedure or court proceedings.
11 SECTION 4. Any person aggrieved by this order may appeal to the Board of
12 Building Commissioners by filing a written statement with the City Clerk. The statement
13 must include the order number appealed, the specific grounds of your appeal, and the
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relief or action sought. The written appeal must be received within ten (10) days from
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the date of this order dated October 21, 2009.
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18 The foregoing order is hereby approved this 15'' day of October 2009.
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W i Holt
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22 Approved as to form:
23 JAMES F. PENMAN, City Attorney
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ByApu 27 ttorney
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