Ordinance - 2195ORDINANCE NO.2195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 12, ARTICLE 11,
SECTIONS 12-16, 12-17, AND 12-20 OF THE WEST COVINA MUNICIPAL
CODE RELATING TO USE AND PLACEMENT OF UNAUTHORIZED
BINS, ROLL -OFFS, AND/OR CONTAINERS
WHEREAS, the West Covina Municipal Code regulates garbage and rubbish collection
in the City of West Covina; and
WHEREAS, Chapter 12, Article II, Sections 12-16, 12-17, and 12-20 describe
Definitions, Service to be provided by City, and Placement of receptacles respectfully; and
WHEREAS, the City Council of the City of West Covina desires to amend Chapter 12,
Article II, Sections 12-16, 12-17, and 12-20.
NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION 1. The following is added to Section 12-16 of Article II of Chapter 12 of the
West Covina Municipal Code:
"Temporary bin/rolloff service: shall mean "on call" solid waste handling services
provided on an as needed and temporary basis by use of temporarily placed bins/rolloff.
Bin/Rolloff:' shall mean those commercial bins or containers for the temporary
accumulation of solid waste resulting from temporary activities on any premises,
including but not limited to waste from the demolition or construction of a building."
SECTION 2. The following is added to Section 12-17 of Article II of Chapter 12 of the
West Covina Municipal Code:
"(f) Impounding and Fining of Unlawful Bin/rolloff.
(1) Any bin/rolloff used for storage or transport of solid waste and/or recyclable material,
the placement or use of which violates Section 12.17(a) of this Code, for purposes of this
section, is deemed an "unlawful bin/rolloff'. The unlawful bin/rolloff may be removed
from any premises in the City, impounded, and fines be issued pursuant to the provisions of
this section. hi the event the unlawful bin/rolloff has contents, such contents may be
impounded along with the unlawful bin/rolloff.
(2) The Public Works Director or his/her designee may remove and impound any unlawful
bin/rolloff, and any contents thereof, which is located in the public right of way or on any
City -owned property pursuant to the provisions of this section. Prior to removing an
unlawful bin/rolloff, the Public Works Director or his/her designee shall give notice to the
owner of the bin/rolloff, identifying that the bin/rolloff is in violation of this section, and
stating that if the bin/rolloff is not removed within two (2) hours, it will be removed and
impounded by the City together with any contents, which may thereafter be processed and
disposed of as set forth in this section. The notice shall be given by posting on the
bin/rolloff, and by telephone, if a telephone number is displayed on the bin/rolloff.
Notwithstanding the foregoing, if such a notice has been given at any prior time to the
person identified on the bin/rolloff, such person shall be deemed to have had notice of the
requirements of this section and no further notice need be given prior to impoundment of an
unlawful bin/rolloff which has similar identification on it. If the unlawful bin/rolloff is not
removed from the City -owned property or right of way within two (2) hours, it will be
impounded, together with the contents thereof. Upon impoundment, the Public Works
Director or his/her designee shall issue a monetary fine pursuant to the provisions of this
section.
Ordinance No. 2195
Page 2
Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this
section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and
(8) of this section.
(3) Any unlawful bin/rolloff located on a property not owned by the City is hereby declared
to be a nuisance and is subject to removal, impoundment, and monetary fine pursuant to the
provisions of this section. Prior to removing an unlawful bin/rolloff, the Public Works
Director or his/her designee shall give notice to the owner of the bin/rolloff or the property
owner on which the bin/rolloff is situated, identifying that the bin/rolloff is in violation of
this section, and stating that if the bin/rolloff is not removed within twenty-four (24) hours,
it will be removed and impounded by the City together with any contents, which may
thereafter be processed and disposed of as set forth in this section. The notice shall be given
by posting on the bin/rolloff or in a conspicuous place on the property, and by telephone, if
a telephone number is displayed on the bin/rolloff. Notwithstanding the foregoing, if such a
notice has been given at any prior time to the person identified on the bin/rolloff, such
person shall be deemed to have had notice of the requirements of this section and no further
notice need be given prior to impoundment of an unlawful bin/rolloff which has similar
identification on it. If the unlawful bin/rolloff is not removed from such property within
twenty-four (24) hours, it will be impounded, together with the contents thereof. Upon
impoundment, the Public Works Director or his/her designee shall issue a monetary fine
pursuant to the provisions of this section.
Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of this
section. Upon being so fined, the fine structure shall be pursuant to subsections (6), (7) and
(8) of this section.
(4) The Public Works Director or his/her designee shall retain an impounded bin/rolloff for
a period of not less than thirty (30) days, but may process and dispose of the contents of an
impounded bin/rolloff at any time following impoundment if he/she determines such
processing and disposal is necessary to comply with the diversion requirements of the
California Waste Management Act of 1989 (AB 939) or to preserve the public health,
safety, or welfare.
(5) Within two (2) business days after removal of an unlawful bin/rolloff, the Public Works
Director or his/her designee shall mail written notice to the owner of the bin/rolloff service,
if an address can be ascertained from information on the bin/rolloff itself, or to the owner of
the property from which the bin/rolloff was removed, if removed from private property and
the owner of the bin/rolloff cannot otherwise be ascertained. Such notice shall advise that
the bin/rolloff has been removed by the City, and if not redeemed within thirty (30) days by
the owner thereof, and all applicable charges paid, may be disposed of by the City in any
manner which the City deems appropriate.
(6) Upon establishment of a violation, the Public Works Director or his/her designee shall
deliver or mail a written citation to the owner of the bin/rolloff service, if an address can be
ascertained from information on the bin/rolloff itself, or to the owner of the property on
which the bin/rolloff was placed.
(7) Each violation is determined to be an infraction and is punishable by a fine as specified
by subsection (8).
(8) The impound fine shall be $500 for the first offense and $1000 for the second and each
successive offense thereafter. In order to retrieve the impounded bin/rolloff, the bin/rolloff
owner shall pay all related cost for towing, storage, and content disposal, pursuant the
diversion requirements of the California Waste Management Act of 1989 (AB 939), to the
storage yard."
Ordinance No. 2195
Page 3
SECTION 3. The following is added to Section 12-20 of Article II of Chapter 12 of the
West Covina Municipal Code:
"(e) Unlawful container/temporary bin/rolloff possession prohibited. It is unlawful for
any person with any ownership interest in real property within the City to permit a
receptacle for the collection of solid waste and/or recyclable material to be located
on such real property if such receptacle has not been provided by the franchisee."
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance,
causing it to be posted as required by law and it shall be effective thirty (30) days after its
adoption.
APPROVED AND ADOPTED on this 181h day of August 2009.
Mayor Roger Hemandez
ATTEST:
City Clerk curie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 21" day of July, 2009. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 18`h day of August,
2009, by the following vote:
AYES: Herfert, Lane, Sanderson, Hernandez
NOES: None
ABSENT: Touhey
ABSTAIN: None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
Aytomey Am Alvarez-Glasman