Ord 1976-12S
1'
d i
11
2
3
4
5
6
7
8
9�
10'
11
12
13,
14
15
16
1'7
18
19
20`
211
22
23
24
25
26
27
28
29
30
31
32
I
ORDINANCE NO. 12
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, WITHDRAWING IN-
DUSTRIAL AND COMMERCIAL TRASH PICK -UP SERVICE
FROM THE TRASH COLLECTION ASSESSMENT DISTRICT,
AND STATING REASONS THEREFOR; PROVIDING FOR
CERTAIN RESIDENTIAL EXEMPTIONS AND MAKING PRO-
VISIONS FOR ADMINISTRATIVE RULINGS AND APPEALS.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY
I DISTRICT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The Board of Directors of the Costa Mesa
Sanitary District finds and declares that certain of the commer-
cial establishments within the District have been assessed
for one trash pick -up per week and have enjoyed as many as six
(6) trash pick -ups per week for said single assessment. The
Board of Directors further finds and declares that, the balance
of the property owners within the District assessed for trash
pick -up purposes have inadvertently subsidized additional trash
pick -ups for certain commercial properties. The Board of
Directors of the Costa Mesa Sanitary District further finds and
declares that a reasonable means of identifying and enumerating.
the properties enjoying as many as six (6) trash pick -ups per
week, cannot with certainty be established by District policy or
standards. The Board of Directors of the Costa Mesa Sanitary
District further finds and declares that a single trash pick -up
per week for most commercial property uses is inadequate and
if so limited would result in a serious threat to the health,
safety and welfare of the citizens within the District. The
Board of Directors of the Costa Mesa Sanitary District further
finds and declares that adequate private commercial trash
hauling services are available to the commercial establishments
within the District. The Board further finds and declares that
certain residential uses must be served by bin services and
should be entitled to exemption where proof that bin service.- has
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21i
22
231
241
25
26
27
28
29
30
31
321
been contracted for has been presented. The Board further
finds and declares that some industrially zoned property within
the District has residential use and should receive trash pick -up
service.
Accordingly, there is herewith adopted the following
ordinance of the Costa Mesa Sanitary District being designated
as Ordinance No. 12:
SECTION 2: "Section 1 - COMMERCIAL AND INDUSTRIAL
EXEMPTIONS
There shall be exempt from assessment for trash pick -up
those properties within the District zoned commercially or
industrially and having a commercial or industrial use and
those properties zoned other than commercial or industrial but
with a permitted commercial or industrial use, and District shall
not be obligated to perform trash collection services for such
exempt properties.
Not exempt from said trash collection assessment will be
properties commercially or industrially zoned but having a
permitted residential use, all residentially zoned properties
having a residential use, except as shall hereinafter appear,
and all properties irrespective of zone having a permitted
residential use.
Section 2 - RESIDENTIAL EXCEPTIONS
The District may, under rules and regulations which it
may adopt, provide for the exemption of trash collection assess-
ment to residential properties where one trash collection per
week is not practical, and where the residential owner or his
agent has submitted proof of the fact that he has contracted
with a private carrier for the service.
Section 3 - ADMINISTRATIVE RULING AND APP
For any zone or use not provided for in sections 1 and 2
of this ordinance, the decision with respect to trash collection
-2-
l
2
31
4
5
6
I'
8
g
10
11
12
13
14
15
16
17
18
19
20
21i
22
23
24
25
26
27
28
29
30
31
32
shall be made by the administrative staff of the District within
policies established by the Board of Directors of the District,
and with a right of appeal of said decision to the Board by any
affected person or entity."
SECTION 3: This ordinance is adopted as an Urgency
Ordinance and shall be effective July 1, 1976, and the reasons
for the urgency are as follows:
It is essential that said ordinance be adopted on the
date of its introduction in order to meet deadlines established
by the County Tax Assessor for preparation of the Assessment
roll used by the District for trash collection assessment purposes,
Any delay will result in an assessment which must be processed
as a tax refund if said deadlines are not met.
SECTION 4: The Secretary of the District shall certify
to the passage of this Ordinance and shall cause the same to be
published once in the Orange Coast Daily Pilot, a newspaper.of
general circulation printed and published and circulated in the
Costa Mesa Sanitary District, Orange County, California.
PASSED AND ADOPTED by the Board of Directors of the Costa
Mesa Sanitary District, at a regular adjourned meeting held
on the 2nd day of June, 1976.
ATTEST:
Secretary
-3-
President
WAI(AW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28.
29
30
31
321
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, ROBERT BRIGGS, Secretary of the Board of Directors of
the Costa Mesa Sanitary District of Orange County, California
do hereby certify that the foregoing Ordinance No. 12 was
duly passed and approved and adopted as an urgency ordinance by
said Board; approved and signed by the President of said Board
and attested to by the Secretary of said Board, all at a regular
meeting of the Board of Directors held on the 2nd day of June,
1976 and that the same was passed and adopted by the following
roll call votes:
AYES: DIRECTORS: Kerm Rima, Robert Briggs,
Elvin Hutchison
NOES: DIRECTORS: None
ABSENT: DIRECTORS: Francis Glockner; C. Thatcher
Warren
DATED on this 2nd day of June, 1976
Secretary f the Boar& of
Directors of the Costa Mesa
Sanitary District
-4-