Ord 2005-49ORDINANCE NO. 49
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT REVISING THE
OPERATIONS CODE WITH REGARD TO TRASH CONTAINERS
WHEREAS, the Board of Directors has previously established regulations
with regard to the District -owned standardized trash containers; and
WHEREAS the District Board of Directors does now desire to make
changes related to the implementation of a fully- automated collection system;
and
WHEREAS, the Board of Directors does further desire to revise its policy
on replacement of such containers;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN as follows:
Section 1. That Section 10.01.040 of the District Operations Code is
hereby amended to read:
"Section 10.01.040 Containers. (a) Containers used for residential
collection shall be those provided by the District through its franchisee. Said
containers shall be standardized to allow for fully and semi automated collection
as determined and provided by the District. Except as hereinafter provided, no
person may use any other type of container after the standardized containers are
provided.
(b) The combined weight of the container and contents for collection
shall not exceed 150 pounds.
(c) All trash (as defined in this Code along with exclusions) must be
placed inside the container so that the lid can shut to keep out flies and
other pests. Trimmings must be cut so that they fit completely within the
container and so that the container lid will shut. Residents shall obtain
additional containers from the District as needed to comply with this
requirement. Trash should not be jammed in so that it prevents emptying
of the container.
(d) Should all of the trash not fit within the container on an occasional
basis, heavy duty trash bags may be used and the bags shall be placed
next to the standardized containers for collection."
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Section 2. That Section 10.01.054 is hereby added to the Costa Mesa
Sanitary District Operations Code to read:
"Section 10.01.054 Existing Development. Residents may request
additional containers to insure all trash fits inside the containers with the lids
closed. Residents shall contribute actual cost paid by the District per container
for all additional containers requested, except as provided below:
(a) No charge shall be imposed if new residents move to a residence
where the trash containers have been removed.
(b) No charge shall be imposed for exchanges of containers.
(c) No charge shall be imposed if the occupants of the residence
demonstrate a hardship based on disability or economic factors and
have submitted a confidential declaration providing those facts.
(d) No charge shall be imposed if a resident with only one container
requests one additional container.
The containers shall remain the property of the District."
Section 3. That section 10.01.060 of the Costa Mesa Sanitary District
Operations Code is amended to read:
"Section 10.01.060 Placement of Containers. Trash containers
shall be placed in the street with the wheels against the curb. The trash
containers shall be placed where the same is accessible to be collected and
arranged in a manner so as to facilitate the loading on the collection truck.
Except where practical difficulties exist, all trash containers shall be placed so as
to not create drainage problems with the gutters. Placement of containers is also
subject to compliance with City or County ordinances."
Section 4. 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.
s_
Section 5. 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 10th day of February 2005.
9" I—
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. 49, was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 10th day
of February 2005 by the following vote:
AYES: James Ferryman, Greg Woodside, Arthur Perry, Arlene Schafer,
Dan Worthington
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 16ZL day of 2005.
Clerk of Costa Mesa Sanitay District