04 - Code Enforcement Analysis - Containers in Public ViewProtecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors Via : Scott Carroll , General Manager From: Javier Ochiqui, Management Analyst Date: July 15 , 2014 Subject: Cod e Enforcement Analysis: Containers in Public View Summary On June 26, 2014 , the Board requested staff to perform an analysis into the reason s why the District established Operations Code Section 7.01.080. Removal of Trash Containers , which requires that C osta Mesa Sanitary District (CMSD ) resident s keep the ir containers out of view from the street. Staff is providing the Board of Directors with a n analysis on this subje c t . Staff Recommendation That the Board of Directors receive and file the report. An alysis Empty trash containers that are left out on the street can create problems. When they are left at the curb on non -service days , they can block traffic, creating haza rds for vehicles, bicycles, pedestrians , and can encourage scavenging . When empty c o ntainers are left out , thieves may assume that no one is home. To minimize these risks and maintain a beautiful community, trash containers need to be stowed away out of public view when not in use. On August 14, 1997 , CMSD approved Ordinance 27, which sta tes, “Section 3. Removal of Trash Containers. Residential waste material containers shall be removed from the curb by midnight the day of trash collection and shall be stored in the rear or side yard of the property so as to be out of view from the stree t. Such containers shall not be placed at the cur b for collection earlier than 5PM . on the evening before the scheduled collection day. Section 4. Penalty. Any person, firm or corporation violating the
Board of Directors July 15 , 201 4 Page 2 of 4 provisions of this ordinance shall be guilty of a misd emeanor and pu nishable by a fine of up to one -thousand dollars per day and /or up to six months in jail.” On September 20, 2012, the Board established Operations Code Section 7.01.080. Removal of Trash Containers , in order to encourage proper storage of t he containers and beautify the community. CMSD Operation Code Section 7.01.080. Removal of Trash Containers., states that, “(a) Residential containers placed in the street shall be removed from the curb by midnight the day of collection and shall be stor ed in the rear or side yard of the property so as to be out of view from the street … (Ord. 100, 2014).” Over the past several years, CMSD has had about two complaints per month regarding trash containers that are left out in public view. Since the implem entation of the new CMSD mobile app in February 2014, and with the hiring of the interim contract Code Enforcemen t Officer in May 2014, there have been about 23 per month. More and more residents are using the CMSD mobile app to report issues. In fact, out of the 108 overall request s that have come from the CMSD mobile app, 65 are specifically about trash containe rs that are left in public view (Attachment 1). Once a complaint is received, it is reviewed by staff and the Code Enforcement Officer will go out and verify. If there is a violation, he will issue a courtesy notice of violation. A yellow notice will hang on the resident door or on the handle of the trash can. If the same violation occurs a second time within a twelve month period, a second cour tesy notice will be issued (the second notice is a red door hanger). If the same violation occurs a third time within a twelve period the resident will receive a letter in the mail from CMSD informing him/her of the violation and requesting cooperation fo r compliance. If the same violation occur s a fourth time within a twelve month period an administrative citation for $75.00 will be issued. Three warnings are given to homeowners before a citation is issued. Several CMSD residents who store their contai ners in the side yard, have agreed to place a small fence in the ir side yards to screen the container s from public view (Attachment 2 ). However, some residents who say that they have stored their containers in their side yards for over 10+ years do not wan t to install fence s to screen their containers. These unscreened containers can be seen from the public street (Attachment 3 ). Most surrounding cities have similar regulations in place to ensure that the residents place their trash containers out of pub lic view. The following is a list of c ities that have similar regulations: • Newport Beach • Santa Ana • Irvine • Fountain Valley
Board of Directors July 15 , 201 4 Page 3 of 4 • Midway City / City of Westminster Like CMSD, t he above cities take a friendly approach to enforcement but some have taken legal ac tion if the problem continues. The most popular suggestions for complying with this regulation is storin g the containers in the garage, back yard, or installing a fence or lattice to screen the containers. Staff recommends that CMSD continue with the friend ly approach to compliance. St aff has received several compliments from CMSD residents , via the smart phone app, regarding the diligent job we are doing regarding the enforcement of this regulation (See Attachment 4). In fact, he has done such a thorough jo b that a Costa Mesa city councilmember complemented the District saying, “this is the first time that I have seen 18 t h Street look nice….” Since May 2014, CMSD’s contract Code Enforcement Office r has been busy following up on complaints and ensuring that CMSD residents comply with this regulation and store their containers out of public view . CMSD will continue to take a friendly approach to the enforcement of trash containers that are stored in public view. Strategic Plan Element & Goal This item co mplies with the objective and strategy of Strategic Element 2.0, Solid Waste, which states: “Objective: Our objective is to manage the collection and recycling of residential trash in the most economical and environmentally friendly way.” “Strategy : We w ill do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable at this time . Environmental Review Consideration of whether residents should keep their trash containers out of view is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines . Financial Review Even though CMSD can technically benefit financially from fin es, CMSD will continue to take the soft approach and send the message that containers that are stored in public view i s not allowed . Public Notice Process Copies of this report are on file and will be included with the complete a genda packet for the Ju ly 15 , 2014 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website . Attachments: 1 – CMSD App Analysis
Board of Directors July 15 , 201 4 Page 4 of 4 2 – Incompliance Pictures 3 – Out of compliance Pictures 4 – Resident compliments
Attachment 1
Attachment 2
Attachment 3
Attachment 4 Resident Compliments A citizen filled out a survey for Request #: 63 Request #: 63 Description: 263 16th Place Multiple trash barrels in front yard. Department: Solid Waste Topic: Trash Carts – In Public View Survey Information Employee Effectiveness: Superior Time to Respond: Good Employee Courtesy: Superior Expectation Met: Met The comments were: Earlier this year, when I reported these trash barrel violations, not much change was observed. Within the past few months, I have observed more compliance with your Code Enforcement officer's efforts. I have even been able to exchange my observation directly with him (Timothy Sun). I am pleased to say that I am seeing improved compliance in the neighborhood. I will be send in mo re addresses of violators as I come across them. Thank You Customer Information Name: Gary G. Email: wa6sul@yahoo.com Phone: (949) 233 -7347 Alt Phone:
A citizen filled out a survey for Request #: 59 Request #: 59 Description: Let me say first that the large item pickup is a great service for CM residents. When I previously requested large item pick up, I was told by CR&R to attach a tag to the the trash that stated "CR&R PICKUP" or words to that effect. No problem, I attached a tag. I was told it was to alert CM officials that this pile of trash was indeed scheduled to be picked up and not just an eyesore. Makes sense to me. I requested a large item pickup this week and CR&R has changed the rules . They emailed me labels to be attached to the trash. Along with the number of trash items and content they also requested my name, phone number, my address all to be placed in full view of the public on the pile of trash. I agree with itemized trash and contents info but I spend hours over a years time shredding mail with my personal information BEFORE I place it in the trash. CR&R expects this information to be on the trash but it is now publicized for anyone that happens past my trash (and yes College P ark does have trash can divers). I do not know if CMSD is involved with the policy but this is a bad one and needs to be revised. And no, I did not comply with filling out the entire form. Department: Solid Waste Topic: Large Item - Pick -up Survey Infor mation Employee Effectiveness: Superior Time to Respond: Superior Employee Courtesy: Superior Expectation Met: Exceeded The comments were: Quick response and solution to my lengthy question
Customer Information Name: Email: kmac@pacbell.net Phone: Alt Phone: A citizen filled out a survey for Request #: 54 Request #: 54 Description: Trash carts in driveways, in front of garages, left curb side 3 and 4 days after collection day. Trash carts put out on street Saturday afternoon and Sunday morning but our trash pickup isn't until Mondays. Overflowing carts, etc., the neighborhood is a real mess. Anything you can do to help would be really appreciated! Thank you - Barrie Fisher Depa rtment: Solid Waste Topic: Trash Carts – In Public View Survey Information Employee Effectiveness: Superior Time to Respond: Superior Employee Courtesy: Superior Expectation Met: Exceeded The comments were: It has been a pleasure working with Timothy Sun in resolving the neighborhood issues. Customer Information Name: Barrie Fisher Email: bfisher.cm@gmail.com
Phone: (949) 533 -0405 Alt Phone: A citizen filled out a survey for Request #: 33 Request #: 33 Description: This resident always leaves out their trash carts in public view. Trash collection services are on Wednesday's. Carts in public view now. Department: Solid Waste Topic: Trash Carts – In Public View Survey Information Employee Effectiveness: Superior Time to Respond: Superior Employee Courtesy: Superior Expectation Met: Exceeded The comments were: Prompt and polite Customer Information Name: Mike MacMillan Email: mikemacmillan38@gmail.com Phone: Alt Phone:
A citizen filled out a survey for Request #: 31 Request #: 31 Description: This residents consistently leaves their trash carts on the street and in public view. Department: Solid Waste Topic: Trash Carts – In Public View Survey Information Employee Effectiveness: Good Time to Respond: Good Employee Courtesy: Superior Expectation Met: Met The comments were: I reported this issue (trash cans left on curb for 2 days at a time) for months, no one stepped up to follow through on this problem. Now, it seems to be working. Customer Information Name: Dwain Email: snowflake4family@yahoo.com Phone: Alt Phone: