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HomeMy WebLinkAboutMINUTES - 07281987 - S.1 TO'. BOARD OF SUPERVISORS FROM; Contra Supervisor Nancy C. Fanden :)ATE : July 21, 1987 for consideration on COS a July 28, 1987 County SUBJECT; REVIEW PROBLEMS AND OPTIONS DEALING WITH CURRENT WASTE TIRE DISPOSAL PROBLEMS SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION REQUEST: That under the direction of the County Administrator' s office a review be made of the attached proposed Waste Tire Handling and Disposal Ordinance that was composed by the National Tire Shredding Company. That the current Sacramento County waste tire ordinance also be reviewed, and based on the review of these two ordinances, a recommendation be submitted to the Board no later than August 25, 1987 . BACKGROUND: The problems caused 'by waste tires are serious. Many businesses that operate as alternative tire disposal companies, those other than sanitary landfills, do not provide complete or proper disposal of the tires they collect. These alternative disposal businesses compound the problem by stock piling tires on leased land, profiting from the collection of the tires, then abandoning the property, leaving the proper disposal of the tires to be the responsibility of the land owner. This scenario was recently played out in the City of Benicia, where 700,000 tires were abandoned by such a "disposal" business. To end this improper disposal of waste tires, a County ordinance needs to be established that would assure responsible tire disposal. Responsible tire disposal can be achieved by requiring the licensing of those who collect, transport, and store waste tires with Contra Costa County; and by assuring that waste tires generated by Contra Costa County citizens can be property disposed of at Contra Costa County sanitary landfills, where tire shredding operations exist. CONTINUED ON ATTACHMENT: tiX-- YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 5 1 GNATURE I S 1: ACTION OF BOARD ON July 28, 1987 APPROVED AS RECOMMENDED X OTHER _ 'OTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT �' AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. C; County Administrator ATTESTED _ /911" ,. ...- PHIL ..-PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY -1t�.� ,DEPUTY 382/7-83 Tire Ordinance Prepared by NTS Presented to Supervisor Fanden July 15, 1987 Waste Tire Handling and Disposal Ordinance 1) Require written application for businesses that collect and transport greater that ten waste tires per day and businesses that store greater than 500 waste tires at one property. The application would include a business plan, anticipated sales market, contingency and emergency abatement plans. Exemptions for certain defined businesses would be available. 2) Require licensing of businesses that collect, transport, store and dispose of waste tires within the County. Exemptions for certain defined businesses would be available. 3) Establish the maximum quantity of waste tires or tire derived product that may be stored at any one facility and the period of time that material may be stored. 4) Ensure that all licensed businesses have adequate financial resources to, provide for the abatement or clean up of the maximum quantity of waste tire material stored at each storage facility. 5) Require routine inspections of storage facilities by county zoning, fire prevention and environmental health officials. 6) Require annual reports to be provided to the governing agency at each anniversary of the respective license. The report must describe the business plan, sales markets and ongoing progress of the business. 7) Provide language pertaining to the temporary suspension and revocation of the license and fines, imprisonment and expenses. ORDINANCE SCC-635 AN ORDINANCE ADDING CHAPTER 4.32 TO THE SACRAMENTO COUNTY CODE TO REQUIRE SPECIAL BUSINESS LICENSES FOR PERSONS THAT STORE JUNK TIRES The Board of Supervisors of the County of Sacramento, State - of California, does ordain as follows: SECTION 1. Chapter 4 . 32 is added to Title 4 of the Sacramento County Code to read as follows: Chapter 4.32 JUNK TIRE STORAGE Article 1 •,,Special Business License Required 4.32.000 PURPOSES. The improper storage and the careless disposal of junk tires jeopardize the public health, safety and welfare of County residents and visitors. Large numbers of these junk tires randomly placed in buildings or fields are breeding grounds for disease-carrying insects and animals. If large numbers of these junk tires are ignited by fire, those fires are extremely difficult and expensive to extinguish and the smoke from those fires presents a serious hazard to the environment. Furthermore, large numbers of junk tires carelessly strewn about offend the aesthetic sensibilities of the citizenry of the County. The regulatory provisions of this Chapter are necessary to insure reasonable storage of these junk tires and thereby minimize the jeopardy to the public health, safety and welfare. - -1- SCC-635 This enactment will provide criminal penalties to those who violate its requirements. It will also provide a means .of enforcing abatement of the nuisance caused by the unreasonable storage of large numbers of junk tires. This enactment does not apply to tires that do not meet the definition of "junk tires" as set forth herein. Tires that are not junk tires have economic value and are therefore not indiscriminately discarded in large quantities as are junk tires. Further, while tires other than junk tires present the same fire extinguishment prQblems, and environmental hazards as junk tires, they are usually stored in a manner that minimizes these problems and hazards.' 4.32.005 DIRECTOR. The County Director of Planning and Community Development is charged with the responsibility of administering this Chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue Special Business Licenses authorizing junk tire storage, promulgation and enforcement of administrative regulations and the performance and exercise of the duties and authorities conferred herein. To these ends, the County Director of Planning and Community Development shall be vested with the same powers and authorities in relation to junk tire storage and the issuance and administration of Special Business Licenses therefor as are vested in the Sheriff under Chapter 4 .02, Sections 4.02.070 and -2- SCC-635 4.02. 085; and Chapter 4. 10, Sections, 4. 10. 025, 4. 10. 030, 4. 10. 040 (a) (b) and (d) , 4. 10.045, 4. 10. 055, 4. 10. 060, 4,10. 100, 4. 10. 105, 4. 10. 110, 4 . 10. 115, 4. 10. 120 and 4. 10. 145 of this Code. Any reference to the "Sheriff" in said sections as that reference relates to the issuance, renewal or denial of a Special Business License or as that reference relates to the appeal of a denial, revocation or , suspension of a Special Business License shall be deemed a reference to the County Director of Planning and Community Development in relation to this junk tire storage ordinance.%. Also to these ends, the County Director of Planning and Community Development shall be vested with the same powers and authorities in relation to abatement of violations of this junk tire storage ordinance as are vested in the Director of Public Works under Chapter 6.58 of this Code. Any reference in said Chapter to the "Director of the Department of Public Works" shall be deemed a reference to the County Director of Planning and Community Development in relation to abatement of violations of this junk tire storage ordinance. Whenever the term "Director" is used in this Chapter, the term shall mean the County Director of Planning and Community Development. 4.32.010 DEFINITIONS. As used in this Chapter, the following terms shall be ascribed the following meanings: -3- SCC-635 a. "Premises" means a unit of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a parcel or as contiguous parcels. Property shall be considered as contiguous parcels even if separated by a utility easement or railroad right of way. b. "To store" means to leave, deposit, accumulate , abandon or discard. C. "Storage" means the act of storing. d. "Junk tiril'e" means a ' not new automobile, truck or any other.. type of motorized vehicle tire that is not directly attached to an operational vehicle and does not meet the federal or State of California requirements for used tires or recappable casings. 4.32.015 LICENSE REQUIRED. It is unlawful for any person to store five hundred (500) or more junk tires either inside or outside a building for any length of time on or about any one particular premises within the unincorporated area of .the County which is owned, leased or in any manner utilized by that person unless the storage is under and by authority of a valid, unexpired, unrevoked and unsuspended Special Business License issued pursuant to the provisions of Chapter 4. 10 and this Chapter. 4.32.020 NUMBER OF LICENSES REQUIRED. Notwithstanding Section 4. 10-010 , a person who stores five hundred (500) or more -4- SCC-635 junk tires either inside or outside a building for any length of time at one or several premises throughout the unincorporated area of the County shall be required to obtain a Special Business License for each particular premises where five hundred (500) or more junk tires are stored. 4.32.025 DISPLAY OF LICENSE. Every person issued a Special Business License under the provisions of this Chapter shall keep the License posted and exhibited in a conspicuous part of the particular premises where the five hundred (500) or more junk tires are stored.',' 4.32.036., ,APPLICATION. In addition to the information required by Section 4. 10. 030, an application shall contain the . following: a. All names under which the applicant has engaged, does or proposes to engage in junk tire storage; b. An accurate legal description, including assessment number, of the particular premises where the junk tires are to be stored; c. The name and street address of any person with a legal ownership interest in the particular premises where the junk tires are to be stored; d. The written consent of any person with a legal ownership interest in the anticipated junk tire storage premises to the storage of junk tires on those premises and to the requirements and obligations imposed on these owners by this Chapter. The written consent form shall be SCC-635 furnished by the Director and all signatures on this form shall be properly notarized; e. Factual information, as specific as possible, as to the maximum number of junk tires expected to be stored on the particular premises at any one time and the number of junk tires expected to be transferred onto or off of the particular premises on a daily, weekly and monthly basis; f. A written statement from the Chief of the Fire Protection District with jurisdiction over the proposed junk tire storage pr=emises discussing in detail any fire hazard - that, would be created by the storage of junk tires on or about the -particular premises; and g. The name and street address within Sacramento County of an individual authorized to accept service of legal process or any notices issued pursuant to this Chapter. 4.32.035 ISSUANCE. The Director shall issue a Special Business License to allow storage of junk tires unless: a. One or more of the findings prescribed by Section 4. 10.040 (a) (b) and (d) are made; or b. The Director finds in writing that the use of the particular premises for junk tire storage would not be in compliance with the Sacramento County Zoning Code and has not been approved by the County Board of Supervisors through any required use permit hearing process; or C. The Director finds in writing that based upon detailed information provided by the Chief of the appropriate Fire -6- SCC-635 Protection District or other appropriate fire prevention experts and officials, the proposed storage of junk tires on the particular premises would constitute a dangerous fire hazard. The requirements of Section 4. 10.035 and Section 4. 10. 040 (c) shall not be applicable to this Chapter for issuance of a Special Business License. 4.32.040 CHANGE OF INFORMATION. The applicant shall report to the Director any change :in the information required by Section 4.32. 030 within ten (10) days of the effective date of the change except that the information required by Section 4 . 32. 030 (c) shall be reported immediately. An updated written consent form pursuant to Section 4. 32. 030 (d) shall be required immediately upon a change in the information required by Section 4. 32. 030 (c) . Article 2 Requirements - Services 4.32.045 INSPECTIONS. Premises on which junk tires are stored pursuant to a Special Business License shall be open during regular working hours for inspection by the Director or his or her designated representative. Inspections shall occur as frequently as determined necessary by the Director but in no - event shall there be less than six inspections per year of each particular premises .where junk tires are stored pursuant to a Special Business License. -7- SCC-635 The refusal by a Licensee, or an officer, employee or agent thereof, to permit inspection by the Director, or his or her designated representative, pursuant to the authority conferred by this Section shall constitute grounds for suspension or . revocation of the Special Business License. The refusal by a Licensee, or an officer, employee or agent thereof, to permit such inspections by the Chief of the appropriate Fire District, or his designated representative, as may be reasonably necessary-' to insure compliance with Section 4.32. 055 shali' also constitute grounds for suspension or revocation of ,a Special Business License issued pursuant to this Chapter. 4.32.050 INDEMNIFICATION. The licensee and the legal owners of the premises where junk tires are stored pursuant to this Chapter shall indemnify, hold harmless and, upon written request, assume any and all costs of the legal defense of the County, its officers, employees and agents from all claims, losses, damages, injuries and liabilities of every kind, nature and description directly or indirectly arising from the performance of activities and operations permitted by a Special Business License issued pursuant to this Chapter. 4.32.055 FIRE PROTECTION. The licensee shall provide such fire protection measures and equipment as may be required by all applicable laws, including Section 17.04. 160 of this Code, and as the Chief of the Fire Protection District with jurisdiction over the premises where the junk tires are stored finds reasonably necessary to provide adequate fire protection to the immediate SCC-635 and adjacent premises. No junk tires may be stored on a particular premises pursuant to this Chapter unless and until the written statement required by Section 4. 32. 030 (f) is obtained from the Chief of the appropriate Fire Protection District. 4.32.060 EXISTING JUNK TIRE STORAGE COMPLIANCE SCHEDULE. Any person who presently stores junk tires and who will be required to obtain a Special Business License pursuant to this Chapter upon its adoption may be granted by the Director a maximum of three (3) months' to comply with all of the requirements of this Chapter provided that public health, safety and welfare of .the County residents and visitors will not be unreasonably jeopardized thereby. 4.32.065 EMPLOYEE PERMITS NOT REQUIRED. Section 4. 10. 070 and related sections of Chapter 4. 10 requiring employee permits for personnel of Special Business Licenses shall not be applicable to this Chapter. Article 3 Penalties 4.32.070 FINE, IMPRISONMENT AND EXPENSES FOR COMPLIANCE. Notwithstanding the provisions of Section 4. 02. 100, any person who violates any of the provisions of this Chapter, or fails to comply with any of the regulatory requirements adopted by the Director pursuant to this Chapter, is guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail not to exceed six months, or by both. In addition, each such person shall be required to pay any and all expenses necessary to bring -9- SCC-635 the subject premises into compliance with this Chapter and any regulatory requirements adopted by the Director pursuant to this Chapter. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter, or regulatory requirements adopted by the Director pursuant to this Chapter, is committed, continued, or, permitted by any such person, and he shall be punished accordingly. 4.32.075 INJUNCTIVE RELIEF. In addition to the penalties set forth in Section 4.32. 670 and consistent with the provisions of Section 4... 32. 090, any storage of junk tires contrary to the provisions of this Chapter, or any regulations adopted by the Director pursuant to this Chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. The Director may commence action for the abatement and removal and enjoinment of this public nuisance in the manner provided by law. The Director may take such other steps and may apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such junk tires and restrain and enjoin any person, firm or corporation from using any premises contrary to the provisions of this Chapter. 4.32.080 REVOCATION. In addition to the grounds set forth in Section 4. 10. 135 and in addition to the penalties prescribed in Section 4.32. 070 and Section 4 . 32. 075, a Special Business License may be revoked during its term if the Director finds in writing that one or more of the following grounds exist: -10- SCC-635 a. Violation by the licensee of any of the terms, conditions or requirements of this Chapter; b. Violation by the licensee of any administrative regulation or rule promulgated pursuant to the provisions of this Chapter; c. Failure of the licensee to comply with any applicable County, State or federal law; and d. Refusal of the licensee to permit an inspection pursuant to Section 4 .32.045 Except for the junk tires on the subject premises at the time of the revocation, no other junk tires shall be stored on the subject premises pending final determination of the revocation proceedings. Nothing in this Section shall be construed as pre- cluding the removal of any junk tires from the subject premises.. 4.32.085 TEMPORARY SUSPENSION. In addition to the matters prescribed by Section 4. 10. 145 and in addition to the penalties prescribed in Section 4. 32. 070 and Section 4. 32. 075, a Special Business License issued pursuant to this Chapter may be temporarily suspended pending expiration of the time. for appeal or exhaustion of an appeal if the Director finds that such temporary suspension is necessary to protect against a serious and immediate threat to public health, safety or welfare caused by the exercise of the license. In the event the Director orders a temporary suspension, the notice of the suspension shall be delivered to the address of the agent designated in the application as authorized to accept service of legal process for -11- SCC-635 each junk tire storage premises to which the suspension pertains. ,The notice shall contain the following: a. The finding justifying the temporary suspension; b. The time, date and place at which the Licensee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the charges contained in the notice; and C. The time and date on which the temporary suspension commences , which shall not be earlier than 24 hours following,the time' and date of delivery of the notice. Restoration of Special Business License privileges following a temporary suspension may be granted by the Director upon the establishment of such terms, conditions and requirements as are reasonably necessary to protect the public health, safety and welfare of the County residents and visitors. Except for the junk tires on the subject premises at the time of the temporary suspension, no other junk tires shall be stored on the subject premises pending final determination of the temporary suspension proceedings. Nothing in this section shall be construed as precluding the removal of any junk tires from the subject premises. 4.32.090 ABATEMENT. Junk tires stored in violation of this Chapter are within the meaning of the term "rubbish" as that term is used in Chapter 6. 58 of this Code. The provisions of Chapter 6.58 shall be applicable to abatement of violations of this Chapter relating to junk tire storage. In the event that a -12- SCC-635 particular premises is rented or leased or otherwise utilized by a person other than the property owner, that person, in addition to the property owner, shall be held responsible and liable for any costs of abatement that result from the implementation of .this section. For the purposes of this Chapter, nothing in Chapter 6. 58 or in this Chapter shall be interpreted as imposing a requirementthat the County, its officers, agents or employees remove or cause to be removed any junk tires stored contrary to this Chapter. 4.32.095 NATURE OF ENFORCEMENT ACTIONS. Any action or proceeding commenced or continued by the Director or the County against a person for violations of this Chapter, or any regulations or rules adopted by the Director pursuant to this Chapter, shall be deemed actions or proceedings :to enforce the police or regulatory power of the County. 4.32.100 APPEALS. The appeals procedure set forth in Chapter 4.10, Sections 4. 10. 115 through 4. 10.155 as those Sections relate to Special Business Licenses, shall be applicable to this Chapter relating to junk tire storage. SECTION 2. This ordinance was introduced and the title thereof read at the regular meeting of the Board of Supervisors on October 2, 1985 —, and on October 2, 1985 1 - further reading was waived by unanimous vote of supervisors present This ordinance shall take effect and be in full force on and after thirty (30) days from the date of its passage hereof, and before the expiration of fifteen (15) days from the date of its -13- s SCC-635 f passage it shall be published once with the names of the members voting for and against the. same, said publication to be made in a newspaper of general circulation published in the County of Sacramento. On a motion by Supervisor SHEEDY , seconded by Supervisor JOHNSON , the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Sacramento? State of California, at a regular meeting thereon, this 9th day of October , 1985 _by the following vote, to wit: AYES: Supervisors , JOHNSON, SHEEDY, BRYAN NOES: Supervisors, NONE ABSENT: Supervisors, COLLIN, SMOLEY Chairperson of the Board of Supervisors of Sacramento County, California (SEAL) M ifcf-0rdenc.with Section 26203 cf the Cowrnmaft Cods of the Stab of Celitornis,a copy of this ATTESTI1t' documerri has been dsilvsred to the Chairman cl the pS S It Clerk o the eoerd of Supervism,County of Secremsnto,on Board of Supervisors OCT 9 1985 442 FDeputy Cler, osrd of Supsrrl L E D OCT � 198 4RD0FS V CLFP' ( '