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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-