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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." r, 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