COUNCIL AGENDA ITEM
SUBJECT:
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2nd Reading - Ordinance No. 2020-O-37 - Amending and restating Chapter 19 (Utilities and Services), Article V (Solid Waste Collection and Disposal) Division 1 (Generally) and Division 2 (Recyclable Materials) due to scriveners errors
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DEPARTMENT:
City Clerk
SUMMARY:
At the regular meeting of September 28, 2020 City Council approved Ordinance No. 2020-O-28, restating Chapter 19 (Utilities and Services), Article V (Solid Waste Disposal). Subsequently Staff found scriveners errors in Division 1 (Generally), Section 19-66; and Division 2 (Recyclable Materials), Section 19-74 (Unauthorized collection of recycling containers or recyclable materials); and 19-75 (Recycling containers). The errors and corrections are indicated below:
DIVISION 1. GENERALLY
Sec. 19-66. Inspection of garbage cans and yard trash containers, condemnation.
All garbage cans and yard trash containers shall be subject to the approval and condemnation of by the City’s Solid Waste Division Staff.
DIVISION 2. - RECYCLABLE MATERIALS
Sec. 19-74. Unauthorized collection of recycling containers or recyclable materials.
(a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either recycling containers or recyclable materials placed in or near the recycling containers or designated collection location unless previously authorized by the City.
(b) Recycling containers, when not in use, shall be kept away from the front of any building or premises. No recycling container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall not be placed within five feet of any property line. No recycling container shall be deposited upon any adjoining lot, or premises, whether vacant or improved, occupied or unoccupied, or in any street, alley or park in the city. Recycling containers may be placed in front of the building or premises after 4:00 pm the evening before the scheduled pick-up service. Recycling containers shall be placed at a location on the premises, or on right-of-way immediately adjacent to the premises, which is easily accessible to employees of the recycling contractor and which location is no more than five feet from the curb, street pavement or other transportation surface immediately fronting the premises. No recycling container shall be placed on sidewalks, streets or other locations where interference with public travel may occur, not shall recycling containers be placed on or in front of neighboring property not in the ownership or tenancy of the person by whom such recyclables are accumulated. All recycling containers shall be removed from the front of any building or premises receiving recycling not later than 11:00 pm of the day of the scheduled pick-up.
Sec. 19-74. - Unauthorized collection of recycling containers or recyclable materials.
(a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either recycling containers or recyclable materials placed in or near the recycling containers or designated collection location unless previously authorized by the city.
(b) Penalties for unauthorized collection. Penalties for unauthorized collection of recycling containers or recyclable materials shall be to the extent permitted by law.
Sec. 19-75. - Recycling containers.
(a) Recycling containers shall be provided by the city or the city's designated contractor for the purpose of collecting recyclable materials. All recyclables shall be placed in the container. Any additional items over and above what the container can hold shall be placed near the recycling container in such a matter that the recyclables will not be scattered nor be obtrusive.
(b) Recycling containers, when not in use, shall be kept away from the front of any building or premises. No recycling container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall not be placed within five feet of any property line. No recycling container shall be deposited upon any adjoining lot, or premises, whether vacant or improved, occupied or unoccupied, or in any street, alley or park in the city Recycling containers may be placed in front of the building or premises after 4:00 pm the evening before the scheduled pick-up service. Recycling containers shall be placed at a location on the premises, or on right-of-way immediately adjacent to the premises, which is easily accessible to employees of the recycling contractor and which location is no more than five feet from the curb, street pavement or other transportation surface immediately fronting the premises. No recycling container shall be placed on sidewalks, streets or other locations where interference with public travel may occur, nor shall recycling containers be placed on or in front of neighboring property not in the ownership or tenancy of the person by whom such recyclables are accumulated. All recycling containers shall be removed from the front of any building or premises receiving recycling pick-up not later than 11:00 p.m. of the day of the scheduled pick-up.
BUDGETED ITEM: ☐ Yes ☐ No ☒ Not Applicable
BUDGET AMENDMENT REQUIRED: ☐ Yes ☐ No ☒ Not Applicable
RECOMMENDED ACTION:
Motion to approve Ordinance No. 2020-O-37.