Ord 2012-93Item 20
ORDINANCE NO. 93
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT
REQUIRING THAT TRASH CONTAINERS BE STORED OUT OF
PUBLIC ALLEYS
WHEREAS, the Board of Directors previously enacted Chapter 7.01 to the
District Operations Code which provided that trash containers must be stored out of
view from the public streets to preserve the public health and welfare; and
WHEREAS, the California Sanitary District Act has provided that a District may
make and enforce all necessary and proper regulations for the removal of garbage, the
cleanliness of roads and streets, and other sanitary, purposes which are not in conflict
with the laws of the state (Health & Safety Code § 6521); and
WHEREAS, the District may also do any act necessary or proper to the complete
exercise and effect of its powers or for the purposes for which it was formed (Health &
Safety Code § 6522); and
WHEREAS, the Board has found that trash containers are stored or otherwise
left in public alleys, constituting a hazard to travel for others and unsightliness, and
improperly uses public property for container storage; and
WHEREAS; the Board does hereby find and determine that the public health and
welfare will be served by requiring that trash containers be stored on private property
and off the public alley unless extenuating circumstances exist; and
WHEREAS, the Board does also desire to amend the Operations Code to
recognize that trash containers are serviced from the alleys in some areas;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 7.01.060 of the Costa Mesa Sanitary District Operations
Code is hereby amended to read as follows:
"Section 7.01.060. Placement of Containers. Trash containers shall be placed
at the curb or in the alley for collection no earlier than 5:00 p.m. on the evening before
the scheduled collection day. Generally, trash containers shall be placed in the street
with the wheels near the curb. The trash container shall be placed where the same is
accessible to be collected and arranged in a manner so as to facilitate the loading on
Ordinance No. 93
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. In areas in which trash
service is provided via a public alley, containers may be placed in the alley provided
doing so does not create an obstruction to the passage of vehicles."
Section 2. That Section 7.01.080 of the Costa Mesa Sanitary District Operations
Code is hereby amended to read as follows:
"Section 7.01.080. Removal of Trash Containers.
(a) Residential trash containers placed in the street 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 street. Trash containers placed in the
alley for collection shall be removed from the alley by midnight the day of trash
collection and shall be stored so as to be out of the public alley, completely on private
property, and out of view from the public street.
(b) A hardship exception or variance may be obtained by any person whose
property is uniquely situated to not allow container removal from the public alley or who
has a personal hardship not allowing such storage. A hardship waiver form must be
completed explaining the reason(s) for a hardship. Such a hardship exception or
variance shall be approved in a letter or other memorialization from the General
Manager or designee. Such memorialization shall list the reasons and may be limited in
time."
Section 3. 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.
Section 4. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the District
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.
PASSED and ADOPTED this 20th day of September, 2012.
[Signatures on Next Page]
Ordinance No.
141 'A
Secretary
APPRO ED AS TO FORM
District Counsel
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
President
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 93 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the
20th day of September, 2012 by the following vote:
AYES: President Ooten, Directors Ferryman, Fitzpatrick, Perry, Scheafer
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal,
of the Costa Mesa Sanitary District, this 20th day of September, 2012.
Scott Carroll
Clerk of the Costa Mesa Sanitary District