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HomeMy WebLinkAboutMC-057U 22 23 24 25 26 27 28 .. "I. ,. ,. ,I I: i 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) .- ORDINANCE NO. MC-57 4 THE MAYOR AND CO~10N COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Title 15 of the San Bernardino Municipal Code 7 is amended by adding Chapter 15.38 as follows: 8 "15.38.010 Permit required. 9 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. )5 15.38.020 Unusable construction material defined. 16 Unusable construction material is any material, originally 17 intended to be utilized in the construction of any structure or 18 supporting surface of any kind which can no longer be economically 19 utilized in the construction of such structure or supporting 20 surface. 21 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 .tt,] 1. Me-57' 10 II 12 '. vehicle used under the provisions of this chapter. 2 B. An applicant who does not have a valid City business 3 license as a hauler shall pay a deposit of eight dollars for each 4 ton of vehicle carrying capacity multiplied by the number of 5 trips from the originating site to a lawful disposal or dum~ site. 6 Except as provided in section 15.38.050, the deposit shall be re- 7 funded to the applicant upon presentation of dump receipts or 8 other evidence that the materials hauled were deposited or dumped 9 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 15 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 19 20 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. 25 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 -2- ... . ill I. :1 II II such Ii 1 I sha 11 . . Me-57 . ': c. materials unlawfully disposed of or dumped and his deposit 2 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. 11 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. 17 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." 20 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 23 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- 28 cantly in recent weeks. Such dumping causes property damage, -3- Me-57 .r' . . . . . . . . '. . "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, 9 held on the l8~day of May , 1981, by the 10 following vote, to wit: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Councilmen Castaneda, Wheeler, Hernandez, AYES: Gerwig, Hudson, Hobbs, Strickler NAYS: None ABSENT: None o.dj?/(Hd/~h ~ Cl ty Clerk of ~ The foregoing ordinance is hereby , 1981. Approved as to form: C&~:V~ -4-