HomeMy WebLinkAboutMINUTES - 02121985 - 2.1 t
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n*n1NANCE No. 85-12
(On Mandatory Subscription to Solid Waste
Collection Service)
The Contra Costa County Board of Supervisors ordains as follows
( omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I . SUN'IIARY. This ordinance adds Chapter 418-6 to the
County Ordinance-Code, to require all owners of dwelling houses
and other residential and/or food processing or handling
establishments , 'and other specified persons , to subscribe to a
solid waste collection service and to provide containers of a spe-
cified quality . Chapter 418-6 also provides that failure to
subscribe is presumed to be a nuisance, and authorizes the health
officer to abate the nuisance by subscribing to a collection ser-
vice for the property after notice and opportunity to be heard is
provided to the responsible persons . Abatement costs
( administrative and collection costs ) are assessed against the
property if not paid. The ordinance provides an exemption from
its requirements if it can be shown that the premises are unoc-
cupied , collection service is not available, or a public nuisance
will not be created .
SECTION II . Chapter 418-6 , Mandatory Subscription, is added to
Divis ► on 418 of Title 4 of the Ordinance Code, to read :
Chapter 418-6 MANDATORY SUBSCRIPTION
418-6 . 002 Definitions . For purposes of this Chapter , the
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following definitions apply :
( a) "Collector " means any person, municipality or govern-
mental agency with a valid permit issued pursuant to Chapter
418-2 to collect or transport refuse on county public streets and
highways .
(b) "Hearing officer" means the health officer .
(c) "Owner , " where that word refers to the owner of a leased
or rented single family dwelling house or of an apartment , flat ,
duplex or other multiple family dwelling, means and includes the
person who , with respect to such leased or rented premises , is the
agent , manager or representative of any individual owner , or who
is the agent , managing or executive officer or employee, or
authorized representative of any owner which is a firm, co-
partnership, joint venture , association or corporation.
(d) "Solid waste" means useless , unwanted, discarded
putrescible and non-putrescible solid. and semisolid material
including, but not limited to, trash, refuse, paper , rubbish,
ashes , animal excrement , vegetable or animal solid or semisolid
waste, and other similar wastes , but not including sewage.
(Ord. 85-1�L_52 . ) '
418-6,.004 Purpose. The accumulation of solid waste and other
filt ��nj�end f V16n_g periods of time is a matter affecting the
pUblio health, welfare and safety. Such accumulation encourages
Anti attracts rodents , flies and other disease-carrying pests , is
offensive to the' senses , and is a public and private nuisance .
Such unhealthy and illegal accumulation of solid waste is less
likely to occur when removed from property on a regular and fre-
quent basis . The purpose of this chapter is to prevent such accu-
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mulation of solid waste by requiring that owners and other persons
in control of alil premises from which solid waste is generated
provide for its 'removal and disposal on a regular and frequent
basis .
(Ord . 85- 12 92 . )
418-6 . 006 Containers required. ( e ) Every owner ,
proprietor , manager or other person having charge or control of
any hotel , club , bar , restaurant or other eating place, or any
boarding house, lodging house, dwelling house , or any vegetable or
food processing and handling establishment shall provide and keep
at all times-, in a place readily accessible to the collector and
where it will not be a public nuisance or be offensive, a
container which complies with subdivision (b) of Section
416-14 . 004 , or a! number of such containers sufficient to contain
all solid waste accumulating on the premises between collection
dates . i
(b) The owner of any leased or rented single family dwelling
house , or of any apartment , flat , duplex or other multiple family
dwelling shall provide and keep at least one container of a type
and construction specified in subdivision (a) of this section for
each family residing therein except as otherwise allowed by
Section 416-14 . 004 .
(Ord . 85- 12 52 . ) I
418-6 . 00_8 Subsc_ription__required . Every owner and/or person
required by Section 418-6. 006 hereof to provide and keep con-
tainers shall , except as provided in Section 418-6. 012, subscribe
with a collector for the collection and disposal of solid waste,
such service to be provided on a basis not less frequent than once
each week , except that in the case of any leased or rented single
family dwelling house, or any leased or rented apartment , flat ,
duplex or multiple family dwelling, the owner and/or person shall
subscribe to such collection and disposal service for each family
residing therein and shall bear the responsibility for payment of
the charges for such collection and disposal services to the
collector .
(Ord . 85-12 S2 . )
418-6. 010 Nuisance. If any owner or person shall fail to
subscribe for thecollectionand disposal of solid waste as
required by Section 418-6. 008 , a nuisance is presumed to exist
upon the premises which have not been provided with such collec-
tion andsposal service by a collector .
(Ord. 85-� 52. )
418-6. 012 Exemption_ The health officer may exempt from the
requirements of lection 418-6 . 008 any person who shows , and only
so long as such person can continue to show: 1 ) that the premises
are unoccupied; 2) collection service is not available to the pre-
mises due to distance from the nearest collector ' s area of -opera-
tLon or other reason ; or 3) that no unsanitary condition, hazard
to health, or public nuisance will arise upon the premises owned,
managed or controlled by him if he is not provided with collection
and disponl of solid waste services by a collector .
(Ord. 85- 11 52. )
418-6. 014 Collection notice, hearing_ If the health officer
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has received notice that any person '(including an owner ) has
failed to subscribe for the collection and disposal of solid waste
as required by Section 418-6. 008 , he shall serve written notice
upon the person, informing the person of the requirements of that
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section and that because of his failure to comply with such
requirement , a nuisance is presumed to exist upon the premises
owned, managed or controlled by him which has not been provided
with such collection and disposal service. The notice shall
direct the person to subscribe with a collector for the collection
and disposal of solid waste within fifteen (15 ) days after service
of the notice, or to request a hearing before the health officer
within said fifteen-day period to show cause why he should not be
required to so subscribe.
(Ord. 85- 12 S2 . )
418-6 . 016 Further collection_ notice . The notice shall
further state that^if the person shall 'fail to comply with its
directions within the said fifteen-day period , the county will
abate the nuisance existing upon the premises by subscribing with
a collector for collection and disposal services for the premises ,
for a period of time deemed appropriate by the health officer (but
not exceeding one year ) , and that the county ' s costs to provide
such services ( the charges of the collector therefor , together
with the administrative costs incurred by the health officer ) , may
be levied as a special assessment lien against the real property
upon whic the premises are located.
(Ord . 85- __§2 . )
§2 . )
418-6. 018 Cost notice . The notice shall contain an estimate
of the cost of abatement-(including administrative , collection and
disposal costs ) for the proposed subscription period. In addi-
tion , the notice shall contain a statement of the owner ' s hearing
rights pursuant to Sections 418-6 . 012 and 418-6.022 , and notice to
the owner that he may appear in person at the hearing or may sub-
mit a swopp written statement in lieu of appearing.
(Ord . 85-1Z 52 . )
418-6. 020 Mail and_Posting. (a) The notice specified in this
section shall be deemed 'served when it is deposited in the United
States Post Office with postage prepaid, and addressed to the per-
son (owner ) entitled to notice at his last known place of address
as shown on the current assessment roll of the county. If no such
address is there shown or known , then to General Delivery, Contra
Costa County , California and by posting on the premises .
(b) If the notice specified herein is required to be served
upon any person in addition to the owner of record of any leased
or rented premises , a copy of the notice shall , at the same time
and in the same manner , be served upon the owner of record of such
leased or rented premises .
(Ord . 85-12 52 . )
j18_6.022 Hearing request . Any person or owner subject to
the re uirements of 'this cha ter may, in writing,
q p y g, request a
hearing before the health officer (hearing officer ) to show Cause
why he should not be required at his cost to subscribe for the
collection and disposal of solid waste or the county should not
provide such service for his premises . The hearing shall be held
at a time and place fixed by the hearing officer within fifteen
days of the request therefor .
;Ord . 85-12 52 . )
418-6. 024 No hearing. If the involved owner and/or person
has not subscribed with-a collector and advised the health officer
of such subscription in writing or no request for a hearing is
'received within the fifteen-day period, the health officer is
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authorized to subscribe on behalf of the County with a collector
for the proposed subscription period for solid waste collection
and disposal service .
(Ord . 85-12-S2 . ),
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418_6 . 026 Hearing notice . When a hearing is requested, the
hearing officer shall mail notice of the hearing at least 10 days
:before the hearing date to the involved owner And/or person .
(Ord . 85- §2 . )
418-6 . 028 Hearings_ All hearings under this chapter shall be
held before a hearing officer who shall receive all evidence he
deems material , including the condition of the property, and the
estimated cost for the proposed subscription period. The hearing
officer shall not be limited to the technical rules of evidence .
The involved owner or person may appear in person or present a
sworn written statement in time for consideration at the hearing.
(Ord . 85- 12-52 . )
418-6 . 030 Decision . At the conclusion of the public hearing,
the hearing officer may find that no subscription was made with a
collector for services within a timely manner or that none of the
exemption circumstances of Section 418-6. 012 are applicable and
order abatement for the proposed subscription period by the provi-
sion of mandatory subscription services to the involved premises .
In such event , the hearing officer shall determine the costs of
abatement to be charged against the owner . The written order of
the hearing officer ( including the determined costs of abatement )
shall be mailed to any interested person who made a written pre-
sentation to the hearing officer for the hearing but did not
appear , ad to the involved owner .
(Ord . 85_n2 §2 . )
418-6. 0_:32 Apeeals_ The owner and/or any involved person may
appeal the hearing officer ' s decision by filing with him a written
notice of appeal within 10 calendar days after his decision. The
hearing officer shall promptly transmit the proceedings to the
board of supervisors . Upon receipt , the board ' s clerk shall
promptly give written notice of the time and place of the hearing
to the appellant , the hearing officer and any other involved per-
son . The board shall promptly hear such appeal , and may affirm,
amend or reverse the order or take other action it deems
appropriate. It shall not be limited by the technical rules of
evidence.
(Ord . 85-LZ_52 . )
418-6 . 034 Final abatement action . If the hearing officer
finds that any owner and/or involved_person upon whom notice was
served pur suant to Sections 418-6. 014 through 418-6. 020, has
failed within the time specified therein to subscribe for the
collection or disposal of solid waste, and if such person or owner
has not established an exemption from the requirements of Section
418-6. 008 after a hearing and decision as provided in Sections
410-6.028 through 418-6. 032 , the health officer shall subscribe
with a collector to provide such collection and disposal services
and to remove any accumulated solid waste for the proposed
subscription period at the noticed cost .
(Ord. 85-I2_52 . )
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418-6 . 036 Cost record . The health officer shall keep an
account of the charges he incurs for each parcel of real property
served, including his administrative costs incurred for the abate-
ment of nuisances pursuant to this chapter .
.(Ord . 85- 12 §2 . )
418-6. 038 Administrative Expenses . The administrative costs
in aFiy-`aa6sTemenT-procee'di`ng-c6n8ucfea-pursuant to this chapter
shall be based upon the actual expense incurred by the health
officer in addition to any payments made to a collector , provided,
however , such costs shall not exceed the estimate in the cost
notice (Section 418-6. 018 ) or the written decision (Section
418-6. 030 ) , whichever is greater .
(Ord . 85- 12 S2 • )
41.8-6. 040 Lien and Collection . If the abatement cost
(administrative-andel 'collection costs ) for the proposed subscrip-
tion period, which is charged against the persons and owner of a
parcel of land pursuant to this chapter , is not paid within thirty
days after the date of the health officer ' s order or the final
disposition of an appeal therefrom, such cost shall be assessed as
a special assessment against the parcel of land pursuant to
Government Code Section 25845 , which cost shall be transmitted to
the county tax collector for collection with the same priority as
other county taxes .
(Ord . 85- 12✓ S2 . )
418-6 . 042 Special-assessment notice. The health officer
shall file with the tax collector a-certificate substantially in
the following form:
"NOTICE OF SPECIAL ASSESSMENT
(Mandatory Solid Waste Collection Service Cost )
Pursuant to Government Code 525845 and Ordinance Code Chapter
418-6, Contra Costa County abated a solid waste nuisance
( 5418-6.010) on the parcel of real property described below, of
which the named person( s ) is the owner shown on the current
assessment roll , and fixed the below-shown amount as the cost
thereof and hereby claims a special assessment against said parcel
for this amount .
AMOUNT OF ASSESSMENT: $
OWNER(S) :
PARCEL: Real property in Contra Costa County , California:
County ' s Assessor ' s parcel # :
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[Pther description where needed] : ____ ___-__,------------_N----,
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Dated : _-_---- Contra Costa County
By :
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(Ord. 85-12-S2. )
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SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30
ways-atter-passage,, andwithin15 days after passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times _____, a newspaper published
.in this County_
PASSED on _ February► 12 . 1985 by the following vote.
AYES : Supervisors Powers , -Schroder, McPeak, Torlakson, Fanden.
NOES : None.
ABSENT: None.
ABSTAIN: None.
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Board Cha '
ATTEST: PHIL. BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By c X/M
Deputy------------------------
[SEAI.]
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