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Ordinance - 1673ORDINANCE NO. 1673 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE IN REGARDS TO TRASH COLLECTION AND CODE ENFORCEMENT. I& The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 1-37.2 of the West Covina Municipal Code is hereby amended to delete the reference to "Special Services Officer, Assistant Special Services Officer" and to replace it with "Code Enforcement Officer, Assistant Code Enforcement Officer." SECTION 2. Section 12-17 of the West Covina Municipal Code is hereby amended to read as follows: "Section 12-17. Service to be provided by City. A. The City shall provide the service of collecting waste within the City, either through its own employees or through an entity under exclusive franchise with the City. So long as the City provides such service either through its own employees or by exclusive franchise, it shall be unlawful for any person to engage in the business of collecting solid waste within the City unless such person has a valid contract with the City to do so. B. The collector awarded an exclusive franchise by the City is required to comply with all local government licenses, permits, or written approval requirements applicable to the City or county. No waste collector permits or City -granted exclusive franchise shall be required for the removal of vegetative cuttings, other solid waste not containing garbage, or manure to a legal place of disposal as a part of gardening or horticulture. In accordance with state regulations, the following items are required before an exclusive contract shall be awarded by the City: (a) The filing of a faithful performance bond with the City. (b) Evidence that the collector has experience sufficient to meet the needs of the customers within the jurisdiction. (c) Acquisition of a permit for waste collection from the County of Los Angeles. Application and annual operating fees for the permit shall be as required by the County of Los Angeles and as adopted from time to time by resolution by the City Council. (Ord. No. 1554, § 2, 7-26-82) SIt is the duty of the waste collector, to collect all solid waste from premises within the City that subscribe for such service. C. It shall be unlawful for any occupant or person in possession, charge or control of any residential premises within the City from which ordinary household garbage is created, accumulated or produced, to fail to subscribe for, the collection service provided by the City. However, when the residential premises are vacant for at least one month, no subscription will be mandatory during the period of vacancy. Further, when the joint or multiple • use of garbage containers is provided on the residential premises, it shall be unlawful for the person in possession, charge or control of such containers, to fail to subscribe to the City's collection service. D. I It shall be unlawful for any occupant and/or any contractor doing business on any premises or any person in possession, charge, or control of any non-residential premises within the City to subscribe for solid waste collection with anyone other than the service provided by the City. Violations of this section, for either failure to subscribe for collection service or for contracting for collection with other than the collector awarded an exclusive franchise by the City, shall be punishable as an infraction in accordance with Section 1-37 of the West Covina Municipal Code. Fines for such infractions shall be within the limits established by the West Covina Municipal Code, Section 1-37, and shall be set by the City's Police Department in the bail schedule filed with the appropriate court authorities." SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 13th day of May 1985. ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA VSV�� A Mayor - 2- • E� I, Helene Mooney, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1673 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of April , 1985. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of May , 1985, by the following vote, to wit: AYES . Councilmembers: NOES Councilmembers ABSENT: Councilmembers: APPROVED AS TO FORM: _ 31L City Attorney Manners, Chappell, Shearer, Tennant None Bacon -3- C E R T I F I C A T I O N I, JANET BERRY, Deputy City Clerk of the City of West Covina, State • of California, do hereby certify that a true and accurate copy of Ordinance No. /4 73 was published, pursuant to law, in the San Gabriel Valley. Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Ber eputy City Clerk —/n City of Mst Covina, California DATED: ��