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HomeMy WebLinkAboutMC-1346 Adopted: March 21, 2011 Effective: April 21, 2011 1 ORDINANCE NO. MC-1346 2 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. 3 4 5 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 6 7 Program (C&D); and WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets 8 9 forth uniform requirements and regulations for the direct and indirect users of the 10 refuse and recycling collection services of the City; and 11 WHEREAS, the self-haul section 8.24.5.285 needs to be amended in 12 order to define the term "self-hauling" and enforce the Construction and 13 14 Demolition Program (C&D), and 15 WHEREAS, the current definition under Section 1 of "Self-Hauling" set 16 forth at San Bernardino Municipal Code Section 8.24.285 allows for general 17 contractors to self-haul recyclables and C&D Waste, as defined in San 18 Bernardino Municipal Code section 8.24.5.020, and may haul these same 19 materials for any other Construction Contractor at the same Job Site, and 20 21 WHEREAS, there is a need to amend certain sections of Chapter 22 8.24.285 of said Code in order to allow subcontractors performing construction at 23 a job site to also self-haul recyclables and C&D Waste, as defined in San 24 Bernardino Municipal Code section 8.24.5.020, and may haul these same 25 materials for any other Construction Contractor at the same Job Site, and 26 /II III III 27 28 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. 2 3 4 NOW THEREFORE THE MA VOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. San Bernardino Municipal Code Title 8, Chapter 8.24, 6 Section 8.24.285 is here by amended as follows: 7 Section: 8.24.285 Self-Hauling 8 (A) Definitions: 9 (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. 10 11 12 13 (2) "Job Site" means a location at which recyclables and construction and demolition debris are generated by a Construction Contractor. 14 15 (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. 16 17 18 19 (C) The right of a Construction Contractor to self-haul or haul hereunder is subject to the following conditions: 20 (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, 21 22 23 (2) The Construction Contractor owns or leases the self-hauling or hauling equipment, and the equipment is clearly marked with the identity of the 24 Construction Contractor including, as a minimum threshold requirement, company name, address, and phone number; and, 25 26 (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. 27 28 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. 2 3 (4) The Construction Contractor provides proof of insurance for said vehicle; and, 4 (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, 7 (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. 8 9 10 11 (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. 12 (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. 13 14 16 SECTION 2. The following fees and deposits will be included in Section 17 8.24.285: 18 (1) A Construction and Demolition application fee per project. 19 (2) A self haul fee per project. 20 21 (3) A deposit shall be required per self haul project regardless of the valuation. 22 SECTION 3. 23 Self-Haul is subject to the rules and regulations as set forth in the San 24 Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste 25 Recycling Program) and fees and deposits as set for by the Mayor and Common 26 Council. 27 28 III III 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. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 5 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 12 SHORETT 13 KELLEY 14 15 JOHNSON 16 MCCAMMACK 17 x x x x x 18 -J " L'::J (l I) I h ~.,\:--"t.,'1"\.t. t,. . '- \...~'L/ ~. 19 Rachel G. Clark, City Clerk 20 21 The foregoing Ordinance is hereby approved this ~n.J.. day of March , 22 2011. 25 ~~ Patrick J. Morris, Mayor City of San Bernardino 23 24 26 Approved as to Form: 27 James F. Penman, City Attorney 28 )". 0_ ~~ ?-'~