HomeMy WebLinkAbout1997-09-22 City CouncilCity
City of Pal.
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
AGENDA DATE:
CITY MANAGER
SEPTEMBER 22, 1997
DEPARTMENT:PUBLIC WORKS
CMR:324:97
SUBJECT:AMENDMENT TO CHAPTER 5.20 OF TITLE 5 OF THE PALO
ALTO MUNICIPAL CODE PERTAINING TO THE
COLLECTION, REMOVAL, AND DISPOSAL OF SOLID WASTE
AND RECYCLABLE MATERIALS AND NEW CHAPTERS 1.12
AND 1.16 ESTABLISHING AN ADMINISTRATIVE PENALTIES
ORDINANCE
REOUEST
This report requests Council approval of ordinances amending Chapter 5.20 of the Municipal
Code, and enacting a related ordinance establishing an administrative penalties procedure.
RECOMMENDATIONS
Staff recommends that Council:
Approve the amendments to Chapter 5.20 of the Municip~il Code pertaining to the
collection, removal, and disposal of solid waste and recyclable materials contained in
Attachment A, and
Approve the proposed ordinance adopting administrative penalties contained in
Attachment B.
Direct staff to prepare a resolution adopting a fee schedule which will set the amount
of penalty/ies for which respongible parties found to be in violation of sectiom of the
Municipal Code will be liable.
As ~of January 1, 1996, Section 53069.4 was added to the Government Code to authorize
cities to establish that a violation of any ordifiance may be punishable by either an
administrative fine or penalty, instead of criminal prosecution. Because several sectiom .of
the Chapter 5.20 of the Municipal Code have been repeatedly violated in the past, staff feels
that an administrative f’me would be a greater disincentive to those who choose to violate the
CMR:324:97 Page 1 of 5
provisions of Chapter 5.20, with the added advantage of faster, more effective enforcement
procedures. This new chapter will be usable for other code enforcement activities as well.
EXECUTIVE SUMMARY
This report discusses the necessity of revising Chapter 5.20 of the Municipal Code in
conjunction with the contract negotiations with Palo Alto Sanitation Company (PASCO),
and also provides the Council with a summary of th~ revisions that have been made. The
Solid Waste and Recycling Ordinance has not been revised since June 1992.
The present contract with PASCO, approved by Council in 1987, provides for refuse
collection services, residential and commercial recycling, public receptacle emptying, and
operation of the Recycling Center. This year the PASCO contract is being renegotiated
in order to revise outdated language and def’mitions, add new programs, and address
several major contractual provisions, including the term, compensation, and assignment
of the contract. Revisions are necessary in order for the definitions and language of the
contract to be consistent with the Solid Waste and Recycling Ordinance.
Summary_ of Revisions, While the contract negotiations in part necessitated the revisions
to Chapter 5.20, there also have been many changes in the solid waste and recycling
programs since the last major revisions to the Municipal Code 14 years ago. Staff has
spent several years thoroughly researching, reviewing, and revising the proposed
ordinance. The most significant changes are summarized below:
Def’mitions (5.20.010)
The current Municipal Code def’mitions have been expii~ded from 7 def’mitions to
36 in the proposed Municipal Code. The dramatic increase is required to
specifically defme terms, update old terms, and add new terms which are used in
the revised sections.
No Unauthorized Bins, Boxes, or Containers (5.20.050)
This new section specifically addresses the frequent problem of contractors using
illegal drop boxes or bins at remodel or construction sites to dispose of "solid
waste" ,(as defined in the proposed revisions), because only PASCO is currently
authorized to collect and dispose of solid waste. In the past, the City has allowed
PASCO to warn the contractor to remove the bin, and impound it if removal does
not occur within a few hours. PASCO would hold the bin until the contractor paid
PASCO a transportation and storage fee. PASCO regularly notifies the City of
these illegal bins and requests impound approval. Though no express authority to
impound bins was not explicitly specified in the current code, the City Attorney has
requested that PASCO no longer impound the bins. Significant revenue to the City
could be lost if contractors continue to remove solid waste from construction sites
through the illegal use of drop boxes.
CMR:324:97 Page 2 of 5
Number of Containers Required (5.20.080)
For single and multi-family residents the "automatic standard service level" or the level a
new resident is automatically signed up for when they call PASCO for new service has been
reduced from two cans to one can. In addition, the "minimum standard of service" or the
smallest size can that can be requested for service has been modified. Single-family and
multi-family residents can have a mini-can as their minimum service level and commercial
or institutional establishments can have one can as their minimum service level. This will
give a fmancial incentive to those residents and’businesses who are interested in reducing
their waste.
Collection and Ownership of Recyclable Materials-Residential Premises
(5.20.090)
This section was expanded to address the ownership of recyclables by residential
customers, and establish the procedures the recycling collector must follow in the
event that residents put incorrect materials curbside.
Collection and Ownership of Recyclable Materials-Commercial/Industrial
Premises (5.20.100)
This new section addresses collection for and ownership of recyclables by
business/industrial customers. The business/industrial sector can select any
recycling hauler (including PASCO) to collect its materials as long as the materials
are "source separated," or separated by material type at the source (not mixed
together).
Exclusions (5.20.110)
Substantial changes have been made to this section to better define the exclusions
for collecting solid waste, reeyclables, and yard trimming in Palo Alto. One of the
items in the section that will have an impact on how contractors do business in Palo
Alto is:
Source Separated Recyclable Materials
Among other things, this item allows businesses to pay a fee for service to a
recycler for the collection of recyclable materials as long as they are source
separated. This was added to address the problem businesses have recycling their
materials during poor.markets. For example, if a business wanted to recycle their
wooden pallets but could only fred a recycler who would charge them $1.00/pallet,
they would have the option of paying for service instead of throwing the pallets
away at an equal or higher cost.
Contractors’ Exclusions 09
This item clarifies that (1) contractors who are planning to demolish or reconstruct
a building can remove and transport the waste from the site as long as the work is
done by a licensed contractor or by regularly employed personnel of the contractor
CMR:324:97 Page 3 of 5
having the contract for the construction or demolition of the building in question,
(2) no bins or boxes that are detachable from the vehicle can be used, and (3) all
vehicles used to carry out the collection and removal activities on the site must by
owned by the licensed contractor. This basically allows contractors to use their own
trucks and employees for collection and removal of waste from the construction site
as an incidental part of the construction or demolition services. If they want to sub-
contract the work out, they Would have to rise PASCO. The requirement for not
using a detachable bin is there .to protect the City from losing revenue on solid
waste that PASCO has exclusive rights to.
Penalty for Violation (5.20.290)
Thissection was added in order to address violations of the ordinance through a free
or penalty instead of criminal prosecution. Current violation is not prosecuted;
under the proposed ordinance, any violation will be a misdemeanor, subject to a
citation. The four sections called out in this section (5.20.030, 5.20.050,
5.20.130(a), and 5.20.220) may, alternatively, be subject to an administrative
penalty.
A revenue loss will result from the reduction of the automatic standard service level from
two cans to one can for single family residences (5.20.080). Based on an assumption that
each year approximately 400 new single family residences request new garbage service (at
the automatic standard service level), over a one-year period, an estimated $91,200
revenue loss would occur (see chart below).
New residents per year
Cost for garbage service per month
Total revenue per year
Two Cans
400
$37.05
$177,600
One Can
400
$18.oo
$86,400
*Current automatic standard service level for single family residents requesting new garbage service
**Assumes residents would not request a lower service level (mini-can) when requesting new garbage service
Adoption of these ordinances is not subject to environmental review because it can be seen
with certainty that no environmental impact will result.
CMR:324:97 Page 4 of 5
ATTACHMENTS
A - Ordinance amending Chapter 5.20 of the Palo Alto Municipal Code
B - Ordinance establishing administrative procedures and penalties for code violations
PREPARED BY: Karen Gissibl, Executive Assistant, Operations Division
DEPARTMENT HEAD REVIEW:
/ GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
City Manager
CMR:324:97 Page 5 of 5
ATTACIEVIENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 5.20 OF TITLE 5 OF THE PALO ALTO
MUNICIPAL CODE PERTAINING TO THE COLLECTION,
REMOVAL AND DISPOSAL OF SOLIDWASTE AND RECYCLABLE
MATERIALS
The Council of the City of Palo Alto does ordain as
follows :
SECTION i. Findings; Authority and Intent
A. The City Council finds and determines as follows:
i. In order to meet the requirements of the
California Integrated Waste Management Act of 1989 [Public
Resources Code Section 40000, ete~_9_q.],’ including source reduction~
of the solid waste stream, diversion of solid waste from landfills,
and conservation ~of natural resources, it is necessary to regulate
the collection of solid waste generated within the City, and to
encourage recycling.
2. The storage, accumulation, collection and
disposal of solid waste, including without limitation garbage,
trash, debris and. other discarded materials is .a matter of
substantial public concern in that improper control of these
matters may create a public nuisance, air pollution, fire hazard,
rat and insect infestation and other problems adversely affecting
the public health, safety and welfare.
3. Regulation of the collection o~ garbage,, refuse
and other discarded materials from all residential, commercial and
industrial properties within the City will provide the most orderly
and efficient solution to these problems and will promote the
public health, safety and welfare.
4. The regulation of solid waste and recyclable
materials handling services in the City will ~also promote the
public health, safety and welfare by requiring the use 6f newer and
safer vehicles, the regular maintenance of those vehicles, and the
reduction of spillage and litter on the public streets, by
establishing responsibility for the cleaning of bins and
containers, and by providing for accountability to the public.
5. The public health, safety and welfare will best
be served by providing the City with contractual control in the
residential sector for solid waste and recyclable materials and in
the Commercial sector for solid waste collection services; such
contractual control enables the City to coordinate quality and
frequency of service, allocate responsibility, and develop
innovative programs, with the cooperation of collectors offering
standardized, high quality services throughout the City.
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B. This Chapter is enactedby the City Council pursuant
to the following statutory authorization (among others) and in
order to accomplish the following objectives:
i. Public Resources Code section 40059 authorizes
the City to determine (i) all aspects of solid waste and recyclable
materials handling which are of local concern, including, but not
limited to, frequency of collection, means of collection and
transportation, level of services, charges and fees, and nature,
location and extent of providing solid waste and recyclable
materials handling services; and (ii) whether the services are to
be provided by means of nonexclusive contract, contract, license,
permit, or otherwise, either with or without competitive bidding,
or if, in the opinion of its governing body, the public health,
safety and well-being so require, by partially exclusive or wholly
exclusive contract, contract, license, permit, or otherwise, either
with or without competitive bidding.
2. Public Resources Code section 49300 provides that
the City may, pursuant to terms and conditions as may be prescribed
by its legislative body, contract for the collection or disposal,
or both, of garbage, waste, refuse, offal, trimmings, or other
solid waste matter.
3. Public Resources Code section 49501 provides that
the City may take action, whether by franchise, contract, license,
permit, or otherwise, whereby the City itself, or one or more other
local agencies or solid waste enterprises is authorized or
permitted to have the exclusive right to provide solid waste and
recyclable materials handling services of any class or type within
all or any part of the territory of the City.
4. It is the purpose of this Chapter to set forth
terms and conditions pursuant to which authorization may be granted
by the City Council to provide solid waste and recyclable materials
.handling services, and to promote the public health, welfare and
safety of the community by establishing reasonable regulations
relating to the storage, accumulation, collection and disposal of
garbage, trash, rubbish, debris and other discarded matter, goods
and material, and recyclable materials.
SECTION 2. Chapter 5.20 of Title 5 of the Palo Alto
Municipal Code is hereby amended to read as follows:
COLLECTION, REMOVAL AND DISPOSAL OP
SOLID WASTE AND RECYCLABLE MATERIALS
5.20.010 Definitions.
The following words and phrases whenever used in this
Chapter shall be construed as defined in this Section, unless the
context indicates otherwise.
¯ 9709171~ 0051860
(I) "Bin" shall mean a’ detachable Solid waste or
Recyclable materials container used in connection with
Commercial/industrial premises with a i to 8 cubic yard capacity,
equipped with a lid, and designed for mechanical pick-up by
collection vehicles.
(2) "Box", sometimes known as a "roll-off" or "drop"
box, means a wheeled or sledded container or compactor, generally
7 to 50 cubic yards in size, su±table for the storage and
collection of commercial or industrial Solid waste or Recyclable
materials.
(3) "Cart" means a wheeled container larger than a
Standard container and smaller than a Bin, equipped~with a lid, and
designed for mechanical~pick-up by collection vehicles.
(4) "City Landfill" means the City of Palo Alto’s
landfill, located at 2380 Embarcadero Road, Palo Alto, California.
(5) "City Manager" means the City Manager of the City
of Palo Alto or the City Manager’s designee.
(6) "Collection Agreement" means a contract with the
City for the collection of Solid waste and Recyclable materials,
pursuant to Section 5.20.040.
(7) "Collector"means one or more persons authorized
under Section 5.20.040 to provide Solid waste, Recyclable
materials, or Solid waste and Recyclable materials collection,
removal and disposal services pursuant to one or more written
contracts with the City.
(8) "Commercial/industrial business~’owner" means any
person, firm, corporation or other enterprise or organization
holding or occupying, alone or with others, Commercial/industrial
premises, whether or not it is the holder of the title or the owner
of record of the Commercial/industrial premises.
(9) "Commercial/industrial premises" means all
occupied real property in the City, except property occupied by
federal, state or local governmental agencies which do not consent
to their inclusion, and except Residential premises as defined in
subsection 27 hereof, and shall include, without limitation,
wholesale and retail establishments, restaurants and other food
-establishments, bars, stores, shops, offices, industrial
establishments, manufacturing establishments, service stations,
repair, ’research and development establishments, professional,
services, sports or recreational facilities, any place or premises
where an animal is maintained or sheltered, Construction or
demolition sites, a multiple dwelling that is not a Residential
premises, and any other commercial, or industrial business
facilities, structures, sites, or establishments in the City.
(i0) "Composting" means the controlled, biological"
decomposition of organic materials into humus for use as a soil
970917 la~ 0051860
3
amendment, conditioner or fertilizer Or for any other similar use
or purpose.
(ii) "Construction or demolition site" means any real
property in the City in, on or from which a building or structure,
or any portion thereof, is being fabricated, assembled, erected or
demolished, and which produces Construction or demolition waste
which must be removed from the property.
(12) "Construction or demolition Waste" means any Solid
waste generated as the result of. Construction or demolition,
including without limitation, discarded packaging or containers and
waste construction materials, whether brought on site for
fabrication or used in construction or resulting from demolition,
excluding liquid waste and hazardous waste.
(13) "Container" means any Standard container, Mini-can
container, or Cart.
(14) "Director"means the Director of Public Works for
the City of Palo Alto or the Director’s designee.
(15) "Disposal or processing facility" means a landfill
or a recycling facility, or a composting facility, or a solid waste
transfer or processing station.
(16) "Hazardous waste" means waste defined as hazardous
by Public Resources Code section 40141 as it now exists or may
subsequently be amended, namely, a waste or combination of wastes,
which because of its quantity, concentration, or physical, chemical
or infectious characteristics, may do either of the following:
(i) cause or significantly contribute to, an incr@ase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness; (ii) pose a substantial present or potential
hazard to human health or environment when improperly treated,
stored, transported,, or disposed of, or otherwise managed.
"Hazardous waste" includes extremely hazardous waste and acugely
hazardous waste, and any other waste as may hereafter from time to
time be designated as hazardous by the Environmental Protection
Agency ("EPA") or other agency of the United States’Government, or
by the California Legislature or any agency of the State of
California empowered by law to classify or designate waste as
hazardous, extremely hazardous or acutely hazardous.
animal.
(17) "Manure"shall mean the waste droppings from any
(18) "Manure container" shall mean Standard containers
or bins, or other.receptacles approved by the Director for the
placement of manure, which are equipped with substantial lids or
¯ covers adequate to keep flies from the interior thereof. No Manure
container shall exceed seventy-two cubic feet in capacity.
(19) "Mini-can container" means a round, metallic or
plastic can with a close fitting cover, handles and side bails with
9709171~ 0051860
4
a maximum capacity of twenty gallons or seven and one-half
dekaliters, or such other container not larger than a Standard
container as may be approved by the Director.
(20) "Person"means any individual, association, firm,
partnership, corporation, or any other group or combination thereof
acting as a unit.
(21) "Place or premises" means every Residential
premises and Commercial/industrial premises.
(22) "Public Solid waste or recycling receptacles"
means receptacles for the collection of Solid waste or recycling
materials that are both located on public property and intended for
use by the general public.
(23) "Recyc!ablematerials" means those materials that
are suitable for recycling.
(24) "Recycling" means the process of collecting,
sorting, cleansing, treating, and reconstituting materials that
would otherwise become Solid waste, and returning them to the
economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary
to be used in the marketplace. Recycling does not include
transformation as defined in Public Resources Code section 40201.
(25) "Resident" means any person living within the
territorial limits of the City of.Palo Alto, whether or not the
person owns the place or premises which he or she occupies, and any
person who is a nonresident employee of the City of Palo Alto, a
municipal corporation, and every member of his or her household
related by blood, marriage, or adoption or a;domestic regular
partner.
(26) "Residential householder" means any person or
persons holding or occupying Residential premises in the city,
whether .or not the owner of the Residential premises.
(27) "Residential premises" means any residential
dwelling unit within the City, including, without limitation,
multiple unit residential complexes, such as rental housing
projects, condominiums, apartment houses, mixed condominiums and
rental housing, and mobilehome parks, except.any multiple dwelling
which, with the prior written approval of the Director, receives
commercial bin service.
(28) "Residential recycling collection" means the
process by which Recyclable materials and Yard trimmings are placed
at the curb of a residence for collection, removal and disposal.
(29) "Solid waste" shall mean all putrescible and
nonputrescible solid and semisolid wastes, generated in or upon,
related to the occupancy of, remaining in or emanating from
Residential premises or Commercial/industrial premises, including
970917 la~ 0051860
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, discarded home and industrial
appliances, manure, vegetable or animal solid or semisolid wastes,
and other solid and semisolid wastes. "Solid waste" shall not
include liquid wastes or sewage, abandoned vehicles, hazardous
waste, or Recyclable materials.
(30) "Solid waste enterprise" shall mean any
individual, partnership, joint venture, unincorporated private
organization, or private corporation regularly engaged in the
business of providing Solid waste or recyclable materials handling
services.
(31) "Solid waste or recyclable materials handling
services" shall mean the collection, transportation, storage,
transfer, or processing of Solid waste or Recyclable materials.
(32) "Source separated commingled recyclablematerials"
are Source separated recyclable materials in any combination of two
or more Source separated single recyclable materials.
(33) "Source separated recyclable materials" means
Recyclable materials which are separated from Solid waste by the
generator at the location where it was created, not mixed with or
containing more than incidental Solid waste, as determined by the
Director.
(34) "Source separated single recyclablematerials"are
Source separated recyclable materials that can be directly marketed
as a distinct single commodity, as determined by the Director.
(35) "Standard Container" means a metallic or plastic
can with a close fitting cover, handles and ’side bails of a
capacity of more than twenty gallons or seven and one-half
dekaliters but not exceeding thirty-two gallons or twelve
dekaliters, or such container other than a Mini-can container as
may be approved by the Director.
(36) "Yard trimmings" means any plant trimmings
generated from the maintenance or alteration of public, commercial
or residential landscapes, including, without limitation, grass
cuttings, yard clippings, leaves, tree trimmings, pruning, brush
and weeds, excepting those materials which are prohibited under
written rules and regulations promulgated by the Director.
5.20.020 Declaration of policy.
The accumulation, collection, removal and disposal of Solid
waste and Recyclable materials must be controlled by the City for
the protection of the public health, safety and welfare. The
Council finds that to give practical effect to this policy a
comprehensive sYstem for the periodic collection, removal and
disposal of Solid waste and Recyclable materials from all places or
premises is essential and benefits all occupants of places or
premises, and, therefore, all such occupants are made liable for
9709171~ 0051860
the Solid waste and Recyclable materials collection charges
established by the Council for the collection, removal and disposal
of Solid waste and Recyclable materials.
5.20.030
materials.
Discarding of Solid waste and Recyclable
No person shall throw, drop, leave, place, keep,
accumulate, or otherwise dispose of any Solid waste or Recyclable
materials upon private property either with or without the intent
to later remove the same from such place or premises, or upon any
street, public right-of-way, sidewalk, gutter, stream, or creek, or
the banks thereof, or any public place or public property. This
Section shall not prohibit the placement of Solid waste or
Recyclable materials in public Solid waste or recycling
receptacles, or in Containers, Bins or Boxes for collection in
accordance with the provisions of this Chapter, or at the City
Landfill or posted recycling centers in accordance with the
procedures thereof.
5.20.040 Collection,
authorized persons.
removal and disposal only by
(a) The City shall authorize, permit, regulate and control
the collection, removal and disposal of all Solid waste and
Recyclable materials generated at all places or premises. For this
purpose, a Collection Agreement with one or more Solid waste
enterprises may be entered into by the City with or without
advertising for bids. The Collec£ion Agreement shall not be a
franchise nor be deemed or construed as such.
(b) Notwithstanding any permit issued by any other
governmental agency authorizing collection of. Solid waste or
Recyclable materials, no. person other than a person with a
Collection Agreement, or his or her duly authorized agents or
subcontractors, as provided in Section 5.20.070, shall negotiate or
contract for, undertake to receive, collect, remove, transport, or
dispose of any Solid waste or Recyclable materials from within-the
City for a fee, service Charge or other ’consideration therefor,
except as specifically provided herein. ~
(c) No person shall interfere in any manner with the
lawful operations of the Collector or the Collector’s duly
authorized agents or subcontractors.
(d) Except as otherwise provided in this Chapter, each
Residential householder and Commercial/industrial business owner
shall utilize the services of the Collector for the collection of
Solid waste and Recyclable materials from the Residential or
Commercial/industrial premises held or occupied by such owner or
occupant and shall pay for such services the fees approved by the
City Council. No Residential householder or Commercial/industrial
business owner shall enter into an agreement for Solid waste or
recyclable materials~handling services with any person, firm, or
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7
corporation other than the Collector, ~except as otherwise provided
in this Chapter.
5.20.050 No Unauthorized Bins, Boxes, or Containers.
(a) Except as expressly authorized by this Chapter 5.20,
no person other than a Collector may place a Bin, Box or Container
within the City. ,
(b) The City shall notify, in writing, any person who
violates this Section 5.20.050 that the prompt and permanent
removal of such Bin, Box or Container from the place or premises is
required. The City shall deliver such written notice by posting
a copy of the notice prominently upon the Bin, Box, or Container.
If the Bin, Box, or Container is identified with the name and
telephone number of the solid waste enterprise servicing it, as
required by Section 5.20.130(e), the City shall also endeavor to
contact the enterprise by telephone. Failure to.notify the owner
telephonically shall not invalidate the notice. The City may
impound or cause to be impounded any such Bin, Box or Container if
the same is not permanently removed from the place or premises
within the time set forth in the notice, which time shall be not
less than twenty-four (24) hours after .posting of the notice, or
not less than six (6) business hours after telephonic notification,
if any. For purposes of this Section 5.20.050, "business hours"
shall mean the hours of 7 a.m. to 6 p.m., Monday throughSaturday.
Any person who violates this Section 5.20.050 shall be liable to
the City for all fines and charges levied in connection with the
collection, transportation, storage and handling of such Bin, Box
or Container.by the City. The Bin,Box or Container impounded by
the City shall be retrieved by the owner or his or her
representative immediately after all applicable.~ines and charges
have-been paid. The City Managermay delegate to the Collector the
authority to impound unauthorized Bins, Boxes, and Containers and
to collect the fines and charges levied by the City.
(C) Upon posting of a written notice of violation upon the
unauthorized Bin,. Box or Container, the customer using the
unauthorized Bin, Box or Container shall immediately cease placing
Solid waste and Recyclable materials therein.
5.20.060 Contracting for special ~haul services.
Any owner or occupant.of any place or premises may contract
with the Collector or his or her duly authorized agents or
subcontractors, as provided in Section 5.20.070, but not otherwise,
for special haul services for the collection, removal and disposal
of Solid waste in excess of the regular services provided by the
Collector.
5.20.070 Use of agents or subcontractors by the Collector.
The City may provide in any written contract entered into
pursuant to Section 5.20.040 that the Collector may designate, in
writing, one or more agents or subcontractors who may collect,
9709171~ 0051860
remove, and dispose of such Solid waste as may be in excess of the
regular collection made by the Collector, subject to the
limitations set forth in the Collection Agreement.
5.20.080 Number of containers required.
(a) No person owning or occupying any place or premises
where Solid waste is created, produced or accumulated shall fail to
procure a sufficient number of Conta±ners to hold all Solid waste
created, produced or accumulated on the place or premises during a
one-week period, unless a more frequent collection schedule has
been approved or directed pursuant to this Chapter.
(b) Every place or premises shall receive Solid waste
service at the automatic service level, unless a person who is duly
authorized to represent the place or premises selects a different
service level which meets the requirements of this Section. The
following automatic service levels shall apply for new customers:
container;
(~.)Single family residential users: one Standard
(2) Two-family dwellings, three-family dwellings,
apartment houses and multiple dwelling buildings: one Standard
container per dwelling unit; and
(3) Motel, hotel, trailer park or mobile home park:
one Standard container per dwelling unit or space.
(4) Manufacturing, Commercial
establishments: two Standard containers.
or institutional
(c) In determining the sufficiency Of the number of
Containers required for any of the following places or premises,
the following minimum standards shall apply:
container;
(~.)Single family residential users: one Mini-can
(2) Two-family dwellings, three-family dwellings,
apartment houses and multiple dwelling buildings: one Mini-can
container per dwelling unit;
(3) Motel, hotel, trailer park or mobile home park:
one Standard container per dwelling unit or space; and
(4) Manufacturing, commercial
establishments: one Standard container.
or institutional
(d) Unless otherwise approved by the Director pursuant to
rules and regulations prescribed by the City: Standard containers
shall not exceed sixty pounds or twenty-seven kilograms in weight
when filled with Solid waste for collection, removal.and disposal;
Mini-can containers shall not exceed forty pounds or eighteen
kilograms in weight when filled with Solid waste for collection,
970917 |a¢ 0051860
9
removal and disposal; and Standard containers or Mini-can
containers used forYard trimmings shall not exceed forty pounds or
eighteen kilograms in weight when filled for collection, removal
and disposal.
5.20.090 Collection and Ownership of Recyclable Materials
-- Residential Premises.
(a) The City shall provide a program for the collection of
Recyclable materials from Residential premises. For the purposes
of this Section, Recyclable materials includes Yard trimmings and
any other similar materials designated by the Director.
(b) Recyclable materials placed for curbside residential
recycling collection shall become the property of the Collector at
the time of placement at the curb or other designated location for
collection. The Collector shall have the exclusive right to
collect such Recyclable materials.
(c) If Recyclable materials placed for curbside
residential recycling collection are not collected as part of the
Citis program for residential recycling collection, the person who
placed the Recyclable materials for curbside residential recycling
collection is entitled to receive a written explanation pertaining
to the failure of the Collector to collect and dispose of the
Recyclable materials. It shall be the responsibility of the person
who places the Recyclable materials for residential recycling
collection to remove the Recyclable materials within twenty-four
~hours of receipt of the explanation. The Collector is expressly
authorized to reject Recyclable materials that are not free of all~
but incidental amounts of putrescible solid and semisolid wastes,
or that are not free of Hazardous Wastes.
5.20.100 Collection and Ownershlp of Recyclablematerlals
-- Commerclal/Industrial premises.
(a) The City shall provide a program for the collectio~ of
Recyclable materials from Commercial/industrial premises.
(b) When Recyclable materials are placed in Bins, Boxes, or
Containers that the City or the Collector provide for the
collection of Recyclable materials, such Recyclable materials shall
become the property of the City or the Collector, as the case may
be.. The City or the Collector shall have the exclusive right to
collect Recyclable materials from such Bins, Boxes, or Containers.
5.20.110 Exclusions
(a) Residential Householder Exclusion. No provision of
this Chapter shall prevent a Residential householder from
collecting and disposing of occasional loads of Solid waste
generated in or on his or her Residential premises, or from
composting Yard trimmings, or from selling, donating or disposing
of Recyclable materials generated in or on his or her Residential
premises. The Containers provided by the City or the Collector may
970917 lao 0051860
i0
not be used for activities authorized by this paragraph (a).
Notwithstanding the foregoing, no Residential householder shall
employ or engage any Solid waste enterprise, other than the
Collector, to haul or transport Solid waste or Recyclable materials
to a Disposal or processing facility; nor shall any Residential
householder collect or dispose of Solid waste generated, elsewhere
than in or on his or her Residential premises.
(b) Gardener’s Exclusion. No provisions of this Chapter
shall prevent a gardener, tree trimmer or person engaged in a
similar trade from collecting and disposing of grass cuttings,
prunings, and similar material not containing other Solid waste
when incidental to providing, such gardening, tree trimming or
similar services.
(c)Source Separated Recyclable Materials.
(I) Commercial/industrial business owners shall
retain the right to donate or sell Recyclable materials, or to pay
fees for services to Solid waste enterprises other than the
Collector for the collection of particular.Recyclable materials, so
long as all Recyclable materials collected .are Source separated
single recyclable materials. Glass, tin, aluminum, and plastics
can be collected as Source separated commingled recyclable
materials. The Director may authorize, by written rules and
regulations, collection of other recyclable materials as Source
separated commingled recyclable materials. All recyclable
materials collected pursuant to this paragraph (c) must be taken to
a recyclying facility, and not disposed of in a landfill.
(2) Commercial/industrial business owners shall
demonstrate compliance with the provisions of this paragraph~(c)
upon request of the Director. ",’.
(3) The Citymay require any recycler,~ junk dealer or
other enterprise engaged in the .business of buying and marketing
Recyclable materials to provide the City with information
pertaining to such collection, including without limitation, the
amount of Recyclable materials collected from within the City’s
territorial limits.
(d) Collection of Source Separated Recyclable Materials.
No provision of this Chapter shall prevent a recycler, junk dealer
or other enterprise engaged in the business of buying and marketing
Source separated recyclable materials in the stream of commerce and
which buys such materials for marketing and not for disposition in
a landfill or transfer station (as defined in Public Resources Code
Section 40200), from buying Recyclable materials for a monetary or
other-valuable consideration; nor shall any provision of this
Chapter prevent such recycler, junk dealer or enterprise which buys
such materials from removing and transporting such.materials to a
destination for marketing in the stream of commerce.
(e) Renovation, Rebui~.dinq, Repairs. No provision of this
Chapter shall prevent a Commercial/industrial business owner from
970917 lac 0051860
arranging for any worn, spent, or defective equipment, or part
thereof, used in such commercial business and requiring renovation,
rebuilding, recharging, regeneration or repair, to be picked up,
renovated, rebuilt, recharged, regenerated or otherwise restored
and repaired and returned to such Commercial/industrial business
owner; nor shall any provision of this Chapter prevent any person
engaged in the business of renovating, rebuilding., recharging,
regenerating, or otherwise restoring or repairing such equipment or
part thereof, from transporting the same from or returning it to
the commercial business, or from removing, transporting or
disposing of any such equipment, or part thereof, replaced in
connection with an equipment repair or service contract.
(f) Contractors’ Exclusions. In addition to the authority
granted by paragraph (c) of this Section 5.20.ii0, no provision of
this Chapter shall prevent a licensed contractor having a contract
for the demolition or reconstruction of a building, structure,
pavement, or concrete installation, from marketing any saleable
items salvaged from such demolition or reconstruction, or from
causing .such salvageable items or Construction or demolition waste
to be removed and transported from the premises on which such waste
is generated, pursuant to the provisions of the demolition or
construction contract, subject to the following:
(i) Such collection, removal and disposal activity
shall be only by the licensed contractor having the contract for
the Construction or demolition work that generated such salvageable
items or Construction or demolition waste, or by regularly employed
personnel carried on the licensed contractor’s payroll records as
an employee.
(2) For purposes of this paragraph. (f),. no Bins or
Boxes that are detachable from the vehicle that delivered them to
the Construction or demolition site can be used.
(3) All vehicles used in carrying out such collection,
removal and disposal activities shall be owned by or under the
exclusive control of the licensed contractor and shall meet all of
the requirements of" this Chapter and all other laws, statutes,
rules, regulations and ordinances of the state of California and
the City. All vehicles shall be subject to inspection by and the
approval of the Director from time to time.
(g) Reinforced Concrete Exclusion.. In addition to the
authority granted by paragraph (f) of this Section 5.20.110,
nothing in this Chapter shall prevent a Commercial/industrial
business owner, Residential householder, or licensed contractor
from using a Solid waste enterprise other than the Collector to
dispose of reinforced concrete.
(h) Document Destruction Service. No provision of this
Chapter shall prevent any person engaged in the business of
destroying or disposing of secret, confidential or sensitive
documents from transporting or disposing of such documents, as a
part of such document destruction or disposal service.
970917 lae 0051860
12
(i) Self-Haul Exclusion. In addition to the authority
granted by paragraph (a) of this Section 5.20.110, nothing in this
Chapter shall prevent a Commercial/industrial business owner or
Residential householder from, on a regular basis, collecting and
disposing of Solid waste generated in or on their premises, in lieu
of availing themselves of the .services of the Collector. No
Residential householder or Commercial/industrial business owner
shall employ or engage any Solid waste enterprise, other than the
Collector, to haul or transport such materials to a Disposal or
processing facility. Any Residential householder or Commer-
cial/industrial business owner who pursuant to this paragraph (i)
seeks to on a regular basis collect and dispose of Solid waste
generated in or on their premises, must first obtain a self-haul
permit from the City, and must comply with procedures for self-
hauling to be adopted by the City Council by resolution.
(j) General Requirement. In all cases where the right to
an exclusion pursuant to this Section 5.20.110 is exercised,
disposal shall be made at a Disposal or processing facility which
meets all applicable regulatory requirements. Any such disposal by
a person exempted under this Section shall not relieve such person
from any obligation or liability’ imposed by this Chapter or any
other City ordinance, resolution, rule or regulation for the
payment of the minimum Solid waste and Recyclable materials
disposal rates imposed pursuant to this Chapter, or of rates for
the use of the City Landfill, or of any other applicable rates or
fees. Notwithstanding the foregoing, any person with a valid self-.
haul permit obtained pursuant to paragraph (i), and who does not
use the Solid waste collection services offered by the Collector,
shall be exempt from the payment Of the Solid waste collection
rates imposed for use of the services provided by the Collector.
5.2.0.120 Recycling storage design requlr~ments
The design of any new, substantially remodeled, or expanded
building or other facility shall provide for proper storage,
handling, and accessibility which will accommodate the Solid waste
and Recyclable materials loading anticipated and which will allow
for the efficient and safe collection. The design shall comply
with the applicable provisions of Sections 18.22.100, 18.24.100,
18.26.100, 18.32.080, 18.37.080, 18.41.080, 18.43.080, 18.45.080,
18.49.140, 18.55.080, 18.60.080, and 18.68.170 of Title’18 of this
Code.
5.20.130
Containers.
(a) The Commercial/industrial business owner or
Residential householder, as the case may be, shall maintain the
Bins, Boxes, and Containers on their premises, and the area in
which they are located, in a good, usable, clean and sanitary
condition, and shall ensure that the lid or cover on the Bin, Box,
or Container is kept fully closed, and that no Solid waste or
Recyclable materials are placed outside of the~ Bin, Box, or
Container. Bins, Boxes, and Containers shall at all times be kept
9709171~ 0051860
13
in a manner that prevents leakage, spillage and the escape of
odors.
(b) The location or placement of Bins, Boxes, or
Containers at any place or premises shall be subject to the
approval of the Director. Every Commercial/industrial business
owner shall provide a location on the Commercial/industrial
premises for the Bins, Boxes, and/or Containers they use, and shall
keep the area in good repair.
(c) Any Collection Agreement may provide for the rental of
approved Bins, Boxes and Containers by the Collector to customers.
The Collector shall be responsible for maintaining the Bins, Boxes
and Containers in good condition (ordinary wear and tear excepted)
and shall repaint such Bins, Boxes and Containers at a frequency as
determined by the City. The Collector shall plan with the customer
the placement of the Bins, Boxes, and Containers to minimize
traffic, aesthetic and other problems associated with their
placement.
(d) Where a Bin, Box, or Container is not rented from the
Collector but is approved by the City, the customer shall be
responsible for ensuring that the Bins, Boxes, or Containers meet
the same standards of quality and upkeep as are applicable to the
Bins, Boxes, and Containers supplied by the Collector.
(e) All Bins, Boxes, and Containers of one cubic yard or
more shall be identified with the name and telephone number of the
Collector or other solid waste enterprise servicing the Bins,
Boxes, and Containers.
5.20.140 Frequency of Solid waste collection.
The Collector or his or her duly authorized agents or
subcontractors shall collect Solid waste from all Residential
premises and Commercial/industrial premises within the City at
least once a week, unless the Director authorizes less frequent
collection as provided in Section 5.20.180.
5.20,150 Collection hours, quietness of collections, and
collection equipment.
(a) Solid waste and Recyclable materials collections shall
be made between the hours of six a.m. and six p.m. in residential
districts and at schools, churches, and con~nercial properties
adjacent to residential districts.
(b) Solid waste and Recyclable materials collections in
commercial districts other than as indicated in (a) above shall be
made between .the hours of four a-.m. and nine p.m., subject to such
reasonable modifications of collection periods as the Director may
impose.
(c) All collections shall be made as quietly as p~ssible.
All trucks and equipment for Solid waste and Recyclable materials
970917 la~ 0051860
14
~ollection shall comply with the provisions of Chapter 9.10, Title
9 of the Municipal Code. All unnecessarily noisy trucks or
equipment for such collections are prohibited.
5.20.160 Spillage or leakage of Solldwaste and Recyclable
materials.
All Solid waste and Recyclable materials hauled by any
person over public streets in the City shall be securely tied and
covered during hauling thereof so as to prevent leakage, spillage,
or blowing. No person shall allow any Solid waste or Recyclable
materials of any kind whatsoever to leak, spill, blow or drop from
any vehicle on any public street within the City.
5.20.170 Special permits in hardship cases.
Upon a showing of hardship by the owner or occupant of a
place or premises, the Director may issue or cause to be issued
special written permits authorizing variations from the provisions
of this Chapter subject to such terms and conditions as he or she
may deem necessary to protect the public health and safety.
5.20.180
materials.
No Ac~umulatlon of Solid waste or Recyclable
Every person shall keep the place or premises occupied by
him or her, and every owner of any unoccupied place or premises
shall keep the .same, in a clean and sanitary condition and shall
not cause, suffer or permit any Solid waste to accumulate in, on or
about such place or premises for a period in excess of one calendar
week, except the Director may authorize by written rules and
regulations less frequent collection, removal and disposal for
compactors at Commercial/industrial premises. Th~s provision shall
not be construed to prohibit any person from keeping building
materials in, on or about any place or premises during the period
of active construction, reconstruction or repair of a building or
structure thereon under a current valid building permit, nor the
keeping of wood neatly piled upon such place or premises for
household use, nor the composting of Yard trimmings.
5.20.190 No Burning, Burial, or Dumping of Solid waste or
RecyClable materials.
(a) No person shall burn any Solid waste or Recyclable
materials within the City at any time. ~
(b) No person shall bury or dump any Solid waste or
Recyclable materials within the City, except at the City Landfill
in accordance with the procedures thereof, at any time.
5.20.200 Hazardous waste.
No person shall deposit any Hazardous waste in the City
Landfill nor in any Bin, Box, or Container.
970917 lac 0051860
15
5.20.210 Manure Containers required.
(a) Any and all manure produced, kept or accumulated
within or upon any place or premises shall be placed without delay
in a Manure container.
(b) All Manure containers shall be kept closed at all
times excepting when the manure is being placed into or taken out
of the Manure containers and shall be kept at all times in the rear
of the place or premises where such manure is produced and not less
than one hundred feet or thirty and one-half meters from any
residence.
(c) Manure may be mixed with Solid waste in the same
Standard container when it is to be disposed of with and in the
same manner and at the same time as Solid waste, but in such case,
each Standard container so used, including its contents, shall not
exceed sixty pounds or twenty-seven kilograms in weight, and shall
be equipped with a lid or cover adequate to keep flies from the
interior thereof.
5.20.220 Scavenging prohibited.
(a) No person shall scavenge in any City-operated Disposal
or processing facility, including the City Landfill, nor disturb
nor remove any material therein, without the express advance
permission of the Director.
(b) No person shall tamper.with, modify, scavenge from or
deposit Solid waste or Recyclable materials in, any Solid waste or
Recyclable materials Bin, Box, or Container which has not been
provided for his or her use, without the permission of the owner of
the Container. ~
(c) Except as otherwise provided in Sections 5.20.110 and~
5.20.090 of this code, no person shall collect the Recyclable
materials from Residential premises or posted recycling centers
within the City.
(d) The foregoing prohibitions are in addition to the
prohibitions set forth in Section 41950 e__~t eP_9_q~ of the Public
Resources Code.
5.20.230 No Trespassing in City Landfill.
No person shall enter, be upon, or remain in the City
Landfill, except during the hours of operation posted on the main
entrance thereto, or except as may be authorized in advance by the
Director.
9709171~ 0051860
16
5.20.240 Schedule of rates for the use of the City
Landfill.
(a) The-schedule of rates for the classification of
vehicles carrying the Solid waste and the maximum load for use of
the City Landfill shall be set forth in the municipal fee schedule.
(b) Vehicles operated by the City may be allowed toll-
exempt use of the City Landfill.’ Vehicles operated by any
Collector of the City may also be~ exempt if their contract so
provides, and ~the Collector produces the same for inspection if
requested~by a City Landfill employee.
(c) Vehicles owned by the Palo Alto Unified School
district may be allowed toll-exempt use of the City Landfill.
5.20.250 Liability for payment of rates.
Except as set forth in Section 5.20.ii0(h), every person
occupying, owning, controlling, or maintaining a place or premises
within the City shall be liable for the payment of the Solid waste
collection rates authorized by the City.
5.20.260 Penalty for failure to pay collection rate.
(a) All collection rates imposed by the Council pursuant
to the provisions of this Chapter for the collection, removal and
disposa! of Solid waste shall be a civil debt owing to the City
from the owner, occupant or person maintaining or,controlling the
place or premises receiving the services.
(b) All such collection charges shall be billed along with
other municipal utility bills and shall be ,.subject to the
provisions of the City’s utility rates and regulations governing the
collection and payment of other utility rates. Notwithstanding the
foregoing, fees for the use of drop-boxes may be collected by the
Collector.
(c) The collection of the rates imposed pursuant to this
Chapter shall be in addition to any other remedies available to the
City for the failure of any person to pay the rates.
5.20.270 Recycling Center.
The City will mainta±n within the City’s territorial limits
a recycling center which accepts from residents and nonresidents
the delivery of Recyclable materials. The delivery of some or all
of these Recyclable materials may be subject to the imposition of
rates as a condition of acceptance at the recycling center. Under
rules and regulations promulgated by the City Manager, the City at
any time may prohibit nonresidents from delivering some or all
Recyclable materials to the recycling center, and may impose on
nonresidents rates, on the delivery of Recyclable materials that
differ from those imposed on residents.
970917 iao 0051860
17
5.20.280 Administration by City Manager.
(a) The City Manager shall adopt such rules and
regulations, not inconsistent with this Chapter, as may be
necessary For the proper administration and enforcement of this
Chapter. Such regulations may include, but are not limited to,
regulations relating to the required frequency of Solid waste and
Recyclable materials collection from various types of places or
premises, the types of special Bins, Boxes, and Containers required
for certain classes of places or premises, regulations governing
the vehicles used in making such collections, and regulations
governing the use and operation of the City Landfill.
(b) The City Manager shall resolve all disputes concerning
the administration or enforcement of this Chapter.His or her
decision in such matters shall be final.
5.20.290 Penalty for Violation.
Violation of any provision of this Chapter shall be subject
to the provisions and penalties set forth in Chapter 1.08 of this
Code. Notwithstanding the foregoing, in the sole discretion of the
City Attorney or City Prosecutor, violation of Sections 5.20.030,
5.20.050, 5.20.130(a), and 5.20.220 may be st~bject to an
administrative penalty pursuant to Chapters 1.12 and 1.16 of this
Code, in lieu of any other legal remedy, criminal or civil."
SECTION 3. The Council finds that this is not a project
under the California Environmental ~Quality Act and, therefore, no
environmental impact assessment is necessary.
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9709171~0051860
SECTION 4. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
APPROVED:
CityManager
Director of Public Works
9709171~: 0051860
19
ORDINANCE NO.
ATTACHMENT~
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO
ESTABLISHING ADMINISTRATIVE PROCEDURES AND
PENALTIES FOR VIOLATIONS OF THE PALO ALTO
MUNICIPAL CODE AND AMENDING THE PALO ALTO
MUNICIPAL CODE
follows:
The City Council of the City of Palo Alto does ORDAIN as
SECTION I. Chapter 1.12 of Title i of the Palo Alto
Municipal Code is added to read as follows:
CHAPTER 1.12
ADMINISTRATIVE PENALTIES -- CITATIONS
1.12.010.Soope.This Chapter provides for
administrative remedies for any violation of this Code, which
remedies may be pursued in lieu of any other legal remedy, criminal
or civil, which may be pursued by the City to address any violation
of this Code. The City Attorney, City Prosecutor, or their
assistants, have sole discretion to determine whether a violation
will be prosecuted criminally. If.a violation is not criminally
prosecuted, the City may proceed with administrative proceedings
pursuant to this Chapter.
1.12.020. Definitions. The following #ords~and phrases,
when used in the context of.this Chapter or Chapter 1.16, shall
have the following meanings:
(a) Administrative Citation Schedule -- The schedule of
fines and late payment charges adopted by the City Council, as
referenced in Section 1.12.070.
(b) Compliance Orde~r -- An order issued pursuant to
Section ii16.030.
(c) ~ -- The head of any city department charged
with the responsibility for enforcement of any provision of this
Code.
(d) ~nforcement Officia! -- Any person authorized to
enforce the provisions of .the.Palo Alto Municipal Code.
(e) ~al Inte~rest -- The right to own, possess, or
occupy real property, whether through a grant deed, quitclaim deed,
lease, rental agreement, license, or other similar instrument.
970917 lac 0051861
1
(f) Responsible Person -- Any person whom an Enforcement
Official or Director determines is responsible for causing or
maintaining a violation of this Code. The "responsible person" may
be, but is not required to be, a person with a Legal Interest in
the real property where the violation occurred.
1.12.030. Administrative Citation. Any person violating
any section of this Code that is subject to this Chapter may be
issued an administrative citat~lon by an EnforcementLOfficial as
provided in this Chapter.
1.12.040. Content of Administrative Citation. The
administrative citation shall be on a form approved by the City
Manager, and shall contain all of the following information:
(a) The date and location of the violation and the
approximate time the violation occurred.
(b) The Code section violated and a description of how
the section was violated.
(c) The amount of the fine imposed for the violation,
and the time within which and the place at which the fine shall be
paid.
(d) An order prohibiting another occurrence of the Code
violation.
(e) A description 6f the~administrative citation review
process, including the time wfthin which to contest the
administrative citation and the place from which to obtain a
Request for Hearing Form to contest the administrative citation.
(f) The name and signature of the citing Enforcemeht
Official.
1.12.050. Procedure for Serving Administrative Citation
or Compliance Order. An Enforcement Official may issue an
administrative citation to a Responsible Person (or, pursuant to
Chapter 1.16, serve a compliance order) as follows:
(a) If the Responsible Person is a corporation, the
Enforcement Official shall attempt to locate any one of the
following individuals and issue to .tha~ individual an
administrative citation: the president or other head of the
corporation, a vice-president, a secretary or assistant secretary,
a treasurer or assistant treasurer, a general manager, or a person
authorized by the corporation to receive service of process in a
civil action. If the office address of any of the above-listed
individuals is known to the City, a copy of the administrative
citation also shall .be mailed to one of those individuals by
certified mail, postage prepaid, return receipt requested.
(b) If the Responsible Person is a business other than
a corporation, the Enforcement Official shall attempt to locate the
970917 !~ 0051861
2
business owner and issue the business owner an administrative
citation. If the Enforcement Official can locate only the manager
of the business, the administrative citation may be given to the
manager of the business. If the address of the business is known,
a copy of the administrative citation also shall be mailed to that
address to the attention of the business¯ owner or manager. The
mailing shall be sent by certified mail, postage prepaid, return
receipt requested.
(c) If the Responsible Person is an individual, the
Enforcement Official shall attempt to locate the individual and
issue the individual an administrative citation°
(d) If the Enforcement Official is unable tolocate a
Responsible Person for personal service pursuant to paragraphs (a),
(b), or (c) of this Section 1.12.050, the administrative citation
shall be mailed to the Responsible Person by certified mail,
postage prepaid, return receipt requested.
(e) In any case where, pursuant to this Section, the
administrative citation is required be sent by certified mail,
postage prepaid,’ return receipt requested, the same may also
simultaneously be sent by regular mail. If the certified mail
receipt is returned unsigned, then service shall be deemed
effective pursuant to regular mail, provided the administrative
citation that was sent by regular mail is not returned by the
postal service as undeliverable.
(f) The Enforcement Official shall attempt to obtain on
the administrative citation the Signature of the Responsible
Person, or in cases in which the Responsible Person is a
corporation or business, the signature of the p@rson served with
the administrative citation. If a Responsible Person or person
served refuses or fails to sign the administrative citation, the
failure or refusal to sign shall not affect the validity of the
citation or of subsequent proceedings.
(g) If the Responsible Person has a Legal Interest in
the real property where the violation occurred, and the Enforcement
Official does not succeed in serving the Responsible Person
personally, ~or by certified or regular mail, the Enforcement
Official shall post the administrative citation on the real
property where the violation occurred; such posting shall be deemed
effective service.
1.12.060. Effective-Date of Service. Any notice or
decision required by this Chapter 1.12 or Chapter 1.16 to be served
on the other party shall be deemed served effective upon the date
of personal delivery or, in the case of mailing, on the date of
delivery or attempted delivery as shown on the U.S. Postal Service
certified mail return receipt. If regular mail is used pursuant to
Section 1.12.050(e), the notice shall be deemed effective three
days after placement in the mail, postage prepaid. If posting is
used pursuant to Section 1.12.050(g), the notice shall be deemed
effective one day after posting.
970917 |a~ 0051861
1.12.070. Administrative Fine. The fine imposed
pursuant to this Chapter for a particular violation, and for any
subsequent violation of the same code section, shall be in the
amount set forth in the Administrative Citation Schedule
established by resolution of the City Council. The Administrative
Citation Schedule shall specify the amount of any late payment
charges imposed for failure to timely pay the fine.
1.12.080. Payment of Administrative Fine. The
administrative fine shall be paid to the City within thirty (30)
days from the date of service of the administrative citation.
1.12.090. Request for Administrative Hearing. Any
Responsible Person to whom an administrative citation is issued may
contest the citation no later than thirty (30) days from the date
of service of the administrative citation by (1) completing a
Request for Hearing Form and returning it to the City; and (2)
either depositing the administrative fine with the City or
providing notice that a request for an Advance Deposit Hardship
Waiver has been filed pursuant to Section 1.12.100. A Request for
Hearing Formmay.be obtained from the department specified on the
administrative citation. The person requesting the hearing shall
be notified by certified mail, return receipt, of the time and
place of the hearing at least ten (i0) days before the date of the
hearing. Any documentation, other than the administrative
citation, which the Enforcement Official has submitted or will
submit to the Hearing Officer shall be served on the person
requesting the hearing by certified mail, return receipt, at least
five (5) days before the date of the hearing.
1.12.100. Advanae Deposit Hardship Waiver. Any
Responsible Person who requests a hearing., to contest an
administrative citation and who is financially unable to deposit
the administrative fine as required in Section 1.12.090 may file a
request for an Advance Deposit Hardship Waiver. The request shall
be filed with the Department of Finance on an Advance Deposit
Hardship Waiver application form, available from the department, no
later than thirty (30) days after service ~of the administrative
citation. The Director of Finance may issue an Advance Deposit
Hardship Waiver only if the person requesting the waiver submits to
the Director a sworn affidavit, together with any supporting
documents, demonstrating to the satisfaction of the Director the
person’s financial inability to deposit with the City the full
amount of the fine in advance of the hearing. The Director shall
issue a written decision specifying the reasons for issuing or not
issuing the waiver. The decision shall be served upon the person
requesting the waiver by certified mail return receipt. If the
Director determines that the waiver is not warranted, the person
shall remit the full amount of the fine to the City within ten (10)
days of receipt of the Director’s written decision.
1.12.110. Time for Administrative Hearing. Only after
a Request for Hearing Form is filed, and the Responsible Person
requestingthe hearing has e~ther deposited the administrative fine
in full or obtained an Advance Deposit Hardship Waiver, shall the
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City set the date and time for the administrative hearing. The
hearing shall be set for a date not less than fifteen (15) days nor
more than (60) days after the Request for Hearing Form is filed,
and the administrative fine is deposited with the City or an
Advance Deposit Hardship Waiver is issued. The City shall send
notice of the date, time, and place of the hearing to the person
requesting the he~ring by certified mail, return receipt requested,
at least ten (I0) days before the date of the hearing.
1.12.120. Request for Continuance of Hearing. The
Responsible Person requesting a hearing may request one
continuance, but in no event may the hearing begin later than
ninety (90) days after the Request for Hearing Form is filed, and
the administrative fine is deposited with the City or an Advance
Deposit Hardship Waiver is issued."
1.12.130. Appointment of Administrative Hearing Officer.
The Director of the department through which the administrative
citation or compliance order was issued, or his or her designee,
shall select an Administrative Hearing Officer. The Administrative
Hearing Officer may be, without limitation, a member of the staff
of the department through whic~ the administrative citation or
compliance order was issued. In no event, however, shall the
Enforcement Official who issued the administrative citation or
compliance order be the Administrative .Hearing Officer.
1.12.140.Procedures at Administrative Hearing.
Administrative hearings are informal, and formal rules of evidence
and discovery do not apply. Each party shall have the opportunity
to present evidence in support of his or her case and to cross-
examine witnesses. The City bears the burden of proof at an
administrative hearing to establish a violation of the City Code.
The administrative citation, compliance order, ahd any additional
reports, submitted by the Enforcement Official shall constitute
prima facie evidence of the facts contained in those documents.
The Administrative Hearing Officer must use preponderance of
evidence as the standard of evidence in deciding the issues.
1.12.150. Fail~re to Attend Admlnlstratlve Hearing. If
the Responsible Person fails to attend the scheduled hearing, the
hearing will proceed without the Responsible Person, and he or she
will be deemed to have waived his or her right to an administrative
hearing.
1.12.160. Decision of Administrative Hearing Offleer.
No later than thirty (30) days after the date on which the
administrative hearing concludes, the Administrative Hearing
Officer shall issue a written decision ("Administrative Order") to
uphold or .cancel the administrative citation. The Administrative
Hearing Officer shall set forth the reasons for the decision. The
Administrative Order shall be served upon the Responsible Person by
personal delivery or Certified Mail, Return Receipt Requested. If
the Administrative Hearing Officer upholds the administrative
citation, the City shall retain the fine deposited by the
Responsible Person. If the Administrative Hearing Officer upholds
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the administrative citation and the’fine has not been deposited
pursuant to an Advance Deposit Hardship Waiver, the Administrative
Hearing Officer shall specify in the decision a payment schedule
for the fine. If the Administrative Hearing Officer cancels the
administrative citation, any fine deposited with the City shall be
promptly refunded, together with interest at the average rate
earned on the City’s portfolio for the period of time that the City
held the fine (as determined by .the City Treasurer). The
Administrative Hearing Officer’s written decision is final, and
shall notify the Responsible Person of his right to appeal as
provided in Section 1.12.190.
1.12.170. Late Payment Charges. Any person who fails to
pay to the City on or before the due date any administrative fine
imposed pursuant to the provisions of this Chapter, shall be liable
for the payment of any applicable late payment charges set forth in
the Administrative Citation Schedule~
1.12.180. Collection of Administrative Fine. The City
may collect any past-due administrative fine or late payment
charges by use of any available legal means.
1.12.190. Appeal of Decision of Administrative Hearing
Officer. Within 20 days after service of the decision of the
Administrative Hearing Officer upon the Responsible Person, he or
she may seek review of the decision by filing a notice of appeal
with the municipal court. The Responsible Person shall serve upon
the City Clerk either in person or by first class mail a copy of
the notice of appeal. If the Responsible Person fails to timely
file a notice of appeal, the Administrative Hearing Officer’s
decision shall be deemed confirmed.
1.12.200. Failure to Com~lywithAdmin~stratlve Order or
Pay Aclminlstratlve Fine. Failure to comply with an Administrative
Order after it becomes final, or to pay an Administrative Fine or
late payment charges, is a misdemeanor. Filing a criminal
misdemeanor action does not preclude the City from using any other
legal remedy available to gain compliance with the Administrative
Order, including using any other legal remedy available to collect
any past-due administrative fine or late payment charges."
~_~TION 2. Chapter 1.16 of Title 1 of the Palo Alto
Municipal Code is added to read as follows:
1.16.010.Scope.This Chapter provides, for
administrative remedies for any continuing violation of this Code.
Administrative remedies may be pursued in lieu of any ~ther legal
remedy, criminal or civil, which may be pursued by the City to
address any violation of this Code. The City Attorney, City
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6
Prosecutor, or their assistants, havesole discretion to determine
whether a violation will be prosecuted criminally. If a violation
is not criminally prosecuted, the City may proceed with
administrative proceedings pursuant to this Chapter.
1.16.020. Applicability of Chapter 1.12. The provisions
of Sections 1.12.020, 1.12.050, 1.12.060, 1.12.130, 1.12.140,
1.12.150, 1.12.170, 1.12.180, 1.12.190, and 1.12.200 shall apply to
this Chapter 1.16. ~ -
1.16.030. Compliance Order.Whenever a Director
determines that there exists a continuing violation of any
provision of this Code, the Director may issue or cause to be
issued a written compliance order to any Responsible Person. The
compliance order shall be served pursuant to the procedures set
forth in Section 1.12.050.
1.16.040. Content of Compliance Order. A compliance
order shall be on a form approved by the City Manager, and shall
contain all of the following information:
(a) The date(s) and location of the violation and the
approximate time(s) the violation occurred.
(b) The City Code section violated and a description of
how the section was violated.
(c) The action required to correct the violationand the
date by which such action must be completed. The date for
compliance shall not be less than 30 days from the date the
compliance order is served.
(d) The consequences of failing °~’t0 correct the
violation, including adescription of the administrative hearing
procedure andappeal process.
(e) The time period after which administrative penalties
will begin to accrue if there is no compliance with the order.
(f) The amount of penalty that will be imposed if there
is no compliance with the order.
(g) The name and signature of the citing Director.
1.16.050. Co~pllance Order Satisfied. If the Director
determines that all violations specified in the compliance order
have been corrected within the time set forth in the order, no
further action shall be taken against the Responsible Person
regarding the violation(s).
1.16.060. Failure to Comply -- Administrative ~earlng.
If the Responsible Person fails to fully comply with the compliance
order within the time specified therein, the City shall conduct an
administrative hearing regarding the violation(s). The Director or
his or her designee shall cause a written Notice of Hearing to be
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7
served on the Responsible Person in the manner applicable pursuant
to Section 1.12.050.
1.16.0~0. Notice o£ Hearing. The Notice of Hearing
shall contain the date, time, and place of the hearing. The
hearing shall be set for a date not less than fifteen (15) days nor
morethan sixty (60) days after the date the Notice of Hearing is
served on the Responsible Person. ,
1.16.080. Request for Continuance of Hearing. The
Responsible Person may request one continuance of the hearing, but
in no event may the hearing begin later than ninety (90) days after
service of the Notice of Hearing upon the Responsible Person.
1.16.090. Decision of Administrative Hearing Officer.
(a) The Administrative Hearing Officer shall issue a
written decision entitled "Administrative Order" no later than
thirty (30) days after the date on which the administrative hearing
concludes. The Administrative Order shall be served upon the
Responsible Person by the applicable method set forth in Section
1.12.050. The Administrative Hearing Officer shall make findings
within the Administrative Order regarding the existence of the
violation(s) specified in the compliance order, and regarding
whether the Responsible Person took the required corrective action
within the time period set forth in the compliance order. If the
Administrative Hearing Officer concludes that the violation
continues to exist," the Administrative Order shall set forth a
schedule for correction. If the Administrative Hearing Officer
determines that the violation(s) set~ forth in the compliance order
did not exist, or that the violation(s) was timely corrected, all
proceedings regarding the violation(s) shall immediately cease.
(b) The Administrative Order shall impose administrative
fines as provided in Section 1.16.100, and administrative costs as
provided in Section 1.16.110.
(c) The Administrative Order shall become final on the
date of service, and shall notify the Responsible Person of his
right to appeal as provided in Section 1.16.190. The
Administrative Order shall set a deadline for compliance with its
terms in the event that the Responsible Person fails to file an
appeal.
1.16.110. Administrative Fines.
(a) The Administrative Hearing Officer shall assess
against the Responsible Person an administrative fine for any
violation found to exist, or for any violation which was not timely
corrected. The fine shall be in the amount set forth in the
Administrative Citation Schedule for. the particular violation.
Because a new and separate offense occurs under Section 1.08.010(C)
each day during which a violation of any provision or requirement
of this Code is committed, the Administrative Hearing Officer may
further assess a fine in the amount set forth in the Administrative
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8
Citation Schedule for each day from the date the compliance order
was issued until the date the violation is corrected as determined
by the Director or his or her designee. The Administrative Order
shall specify the date by which the fine must be paid.
(b) Administrative fines assessed by the Administrative
Hearing Officer are a debt owed to the City.
(c) If the Responsible Per%on provides written notice to
the Director or his or her designee that the violation has been
corrected, and if the Director or his or her designee finds
compliance, the Director or his or her designee shall deem the date
the written notice was postmarked or personally delivered to the
Director or his or her designee to be the date the violation was
corrected. If, however, a final inspection confirmed compliance
before mailing or personal delivery of a written notice, or if no
written notice is provided, the date of final inspection shall be
deemed to be the date the violation was corrected.
1.16.120. Administrative Costs. The Administrative
Hearing~ Officer shall assess against the Responsible Person
administrative costs for any violation found to exist, or for any
violation which was not timely corrected. The administrative costs
include any and all costs incurred by the City in connection with
prosecuting the violation, including but not limited to costs of
investigation, staffing costs in preparation for the administrative
hearing and for the hearing itself, and costs for all inspections
necessary to enforce the compliance order and the Administrative
Order. The Administrative Order shall specify the date by which
the costs must be paid to the City.~
SECTION 3. The City Clerk shall cause this Ordinance to
be published in a newspaper of general circul~tion printed and
published in the county and circulated in the City within fifteen
(15) days after its passage, in accordance with Section 36933 of
the Government Code, shall certify to the adoption and publication
of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of publication, to be entered in
the Book of Ordinances of the Council of this City.
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SECTION 4. This Ordinance shall go into effect and be in
full force and effect at 12:01 a.m. on the thirty-first (31st) day
after its passage.
INTRODUCED:
PASSED:
AYES :
NOES :
ABSTENTIONS :
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:APPROVED:
City Attorney CityManager
.Director of Public Works
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