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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: 6 SECTION 1. Ordinance No. 1698 is hereby amended by adding 7 ,thereto Subsection Eight and One-Quarter to read as follows: , 8 "Section Eight and One-Quarter. Any solid waste enterprise 9 'which is providing solid waste handling services pursuant to the 10 authority of Sections 4270 through 4273 of the Health and Safety 11 Code and City Ordinance No. 1698 may continue to provide such 12 , . ,servJ.ces I lof said Code upon and I beyond the period of five years set forth in Section 4272 13 , ! I services by the Mayor and Common Council of the City of San Bernarl , dino and subject to the provisions of Section 4272 of said Code andl after the granting of a permit for such 14 15 16 said ordinance but only if: 17 (a) The permit is and remains in full force and effect; 18 (b) The services of the enterprise are and continue to be 19 lin substantial compliance with any term or condition imposed under 20 ,such permit or as may be modified by the Mayor and Common Council I, i: (and kept on file in the office of the Superintendent of liDisposal Division 21 the Refusel I I I I I I in substantial compliance with Section 42721 I No. 1698 and each term and condition of 22 of City) and with any other applicable section 23 ,of this ordinance; I i Iservices are and remain 'of said Code, Ordinance 24 (c) The rates charged and the quality and frequency of 25 26 27 , II IlsuCh it I , Each permit shall be for a period of five (5) years, and permit. 28 I' . 1 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 5 day written notice mailed to the solid waste enterprise at the 6 'address on file in the office of said Superintendent when in the 7 sole discretion of the Mayor and Common Council it is determined 8 that the enterprise is not in substantial compliance with any term 9 and condition of the permit, Section 4272 of said Code, or Ordi- 10 nance No. 1698, or for any other reason. The permit shall termin- 11 ate thirty (30) days after the mailing of the notice. 12 Notwithstanding any provision herein to the contrary, the 13 amendment of Health and Safety Code Sections 4270 through 4273 or 14 the extension of the five (5) year period under Section 4272 or 15 other applicable law shall pre-empt the provisions of this ordi- 16 , I nance and any rights or privileges granted hereunder shall there- i 17 !upon become null and void. However, the repeal of all or anyone 18 , ! of Sections 4270 through 4273 of the Health and Safety Code shall !: not affect the intent and meaning of this section and the pro- I' 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." I I I 'adopted by the Mayor and Common Council of the City of San II Ii Bernardino at ,I ]I lion the 'I " Ii following vote, to wit: 19 20 21 22 23 I HEREBY CERTIFY that the foregoing ordinance was duly 24 25 ~ /)~~,/ day of , 1980, by the fl;~) meeting thereof, held 26 j> 27 " I' "I if I' II i! -2- 23 I I I I I I I I I Councilmen ~.d~<...t 5 [1;.L,~~ Jili<<j ~ L~ :du<</ ~-1 ~Affi~'L~,,) vii:..tiM o. I' 1 AYES: 2 3 NAYS: 4 ABSENT: 5 6 7 '-I'it-u ~ /;.-:; c/' ~/1nd/g/ll1l; City Clerk 8 The foregoing ordinance is hereby approved this /0( day of ~ 9 10 11 12 , I IApproved as to form: 13 14 ~ e . -A.. ~A..-.1~- iCi ty l20rney !i 15 16 17 18 19 20 21 22 23 I: Ii I' I Ii II 1 Ii Ii It 24 25 26 27 28 , 1980. -3-