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HomeMy WebLinkAbout03 - Solid Waste Management OrdinanceAGENDA ITEM 3 TO: Mayor and City Council FROM: Sharon Wood, Assistant City Manager SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of franchised haulers for demolition activities, and authorizing the General Services Director to enforce the Solid Waste Management Ordinance RECOMMENDATION Introduce an Ordinance of the City Council of the City of Newport Beach Adding Section 15.02.035 to Chapter 15.02 Pertaining to Uniform Administrative Code and Amending Section 1. 12.020 of Title 1 Pertaining to Enforcement of Chapter 12.63 of Title 12. BACKGROUND On October 23, 2001, the City Council introduced an ordinance amending the Municipal Code to require demolition permittees to obtain approval of the General Services Department. The purpose of this approval was to ensure use of City franchised haulers for demolition waste, and therefore to assist the City in meeting our minimum recycling requirement under State law. Staff has given further consideration to this issue and revised the code amendment. We believe that the amendment now recommended will maintain our existing one -stop permit issuance, while providing greater ability for the City to enforce our solid waste regulations. DISCUSSION The proposed ordinance would amend two sections of the Municipal Code. First is the addition of Section 15.02.035, amending a portion of the Uniform Administrative Code. The new requirement is that permittees for the complete demolition of a structure must certify that a City franchised waste hauler will be used for the demolition waste. Making this certification part of the permit not only calls this requirement to the attention of the contractor, but it also increases the City's enforcement options should the contractor fail to use a franchised hauler. Enforcement staff will have the ability to cite non - franchised haulers, and to stop work on the demolition as well. The second part of the code amendment adds the Solid Waste Management Ordinance to those parts of the Code that the General Services Director and staff he designates are authorized to enforce. This will allow General Services' Management Assistant, in addition to the Code Enforcement staff and Police Officers, to issue citations to non- franchised haulers operating within the City. ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 15.02.035 TO CHAPTER 15.02 PERTAINING TO UNIFORM ADMINISTRATIVE CODE AND AMENDING SECTION 1.12.020 OF TITLE 1 PERTAINING TO ENFORCEMENT OF CHAPTER 12.63 OF TITLE 12 WHEREAS, State AB 939, the California Recycling Law, requires local governments to recycle a minimum of 50 % of all solid waste generated. WHEREAS, the City of Newport Beach adopted Municipal Code Chapter 12.63 requiring solid waste haulers to be franchised by the City of Newport Beach. WHEREAS, compliance with AB 939 is a condition for granting a solid waste franchise. WHEREAS, the Building Department issues demolition permits pursuant to chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal Code. WHEREAS, the General Services Department administers the Solid Waste Hauler franchise program and is in charge of verifying compliance with the program. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.035 is added to Chapter 15.02 of Title 15 of the Newport Beach Municipal Code as follows: 15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code. Section 303.1 of the Uniform Administrative Code is amended to read as follows; 303.1 Issuance. The application, plans specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised waste hauler shall be used for the handling removal and disposal of construction and demolition waste. If the building official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, the building official shall issue a permit therefore to the applicant. When a permit is issued and plans are required, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. SECTION 2. Section 1.12.020(E) of Chapter 1.12 of the Newport Beach Municipal Code is amended to read as follows: E. The General Services Director and department staff designated by the Director shall have the power to issue citations for any violation of Chapters 6.04 and 12.63 of this Code. SECTION 3. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of it's adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13 °i day of November, 2001, and was adopted on the 27 °' day of November, 2001, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ABSTAINED, COUNCIL MEMBERS