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Ord 2016-113 ORDINANCE NO. 113 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DEFINING THE MEANING OF "CURBSIDE" WHEREAS, the District has been given the statutory power to collect solid waste within its boundaries and has been provided with the authority to enact regulations for the removal of garbage; and WHEREAS, the District has also been given the authority to collect solid waste through an exclusive contract or franchise; and WHEREAS the District has awarded exclusive contracts since at least 1958 and currently has an exclusive contract with CR&R Incorporated; and WHEREAS, the District has set forth its regulations for the collection of solid waste at Chapter 7.01; and WHEREAS, the District does hereby desire to clarify its regulations as to what constitutes "curbside" service. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section1. That Section 7.01.025 of the Costa Mesa Operations Code is amended to read: "7.01.025 Residential Limitations. Districts trash collection services are limited to residential service. Residential units will be served notwithstanding the zone that said property is located in as long as the property is used for residential purposes and utilizes curbside service. For purposes of this Chapter, "curbside" shall mean trash collection service in which individual cans or containers are placed outside but adjacent to a residence for collection. It includes service when no actual "curb" exists, and includes situations in which the can or container is placed in an alley near the residence. It includes private developments that have gated access. It does not include bin service in which residents carry their trash or other solid waste to communal bins or dumpsters used by other residents at a common location." Section 2. The Board of Directors declares that this ordinance is meant to clarify and restate existing law. No change is intended. 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 Ordinance No. 113 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 6494.3, 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 28'" day of January, 2016. , = �I _ Secretary President APPROVED AS TO FORM SrA District Counsel Ordinance No. 113 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY, District Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 113 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 281n day of January, 2016 by the following votes: AYES: Scheafer, Perry, Ooten, Schafer, Ferryman 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 289" day of January, 2016. le of tha Mes Sanitary District