Ord 2003-40ORDINANCE NO. 40
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT CLARIFYING HOW THE
DISTRICT WILL PAY FOR STANDARIZED TRASH CONTAINERS
FOR NEWLY DEVELOPED PROPERTY
Whereas, the Board of Directors after considering public health, safety
and welfare concerns, as well as aesthetic issues, determined that the District
should have standardized trash containers; and
Whereas, pursuant to that determination the Board enacted regulations in
Chapter 10.01 which provided that only standardized containers may be used
and that those containers are to be owned by the District; and
Whereas, the District purchased those containers for existing developed
property but has determined that new development should pay its own way and
that new customers will hereafter need to pay for new standardized containers
through District to serve said property;
Now, therefore, the Board does hereby ORDAIN as follows:
Section 1. That 10.01.052 is hereby added to the Costa Mesa Sanitary
District Operations Code to read:
"10.01.052 New Development. After January 1, 2003 owners of newly
developed property that create a new residence shall pay the full District
cost of the standardized trash containers sufficient to serve said property.
The cost of such containers shall include the cost to District including
shipping and tax and any overhead that may be justified. The cost of such
containers may be established by separate resolution or minute order of
the Board. Payment for and use of such standardized containers shall be
a condition of service. The containers shall remain the property of the
District."
Section 2. Should any part, clause or section of this Ordinance. be declared
by any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance
would have been adopted and made a part of this Ordinance without the adoption
of any portion thereof and that the invalidity of any part or provision hereof shall not
in any way affect the validity or enforcement of the remaining provisions of this
Ordinance that may stand on their own.
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Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3,
the Clerk shall cause this ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to
law and it shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this day of 2003.
Sec;etart President
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 40, was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the
q,d- day of _ 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal f the Costa Mesa Sanitary District, this day of
�u 2003.
Clerk If the Costa Mesa Sanitary District