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73 ORDINANCE NO. 73 Lf AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING ORDINANCE NO. 23 AND AMENDING THE REGULATIONS FOR COMPREHEN- SIVE LITTER CONTROL AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN that Ordinance No. 23 is rescinded in its entirety and amends the regulations for comprehensive litter control and maintenance of public and private property as follows: ARTICLE I DEFINITIONS Section 1. For the purpose of this Ordinance: a. Litter - is any quantity of uncontainerized paper, metal, plastic, glass or miscue 'raneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk. b. Public Property - includes, but is not limited to, the following exterior locations: Streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water. c. Private Pro erty - includes, but is not limited to, the following exterior locations owned y private individuals, firms, corporations, institutions or organizations: Yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities. d. Containers - are locally-approved metal , heavy-duty paper or plastic receptacles used for the disposal and storage of solid waste. ARTICLE II REGULATIONS Section 1. Pedestrians and Motorists a. It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the City of Grand Terrace, except in containers or areas lawfully provided therefor. b. In the prosecution charging a violation of Section 1.a from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of said vehicle, shall consitute in evidence a presumption that the registered owner was the person who committed the violation. c. It shall be the duty of every peson distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property. d. To facilitate proper disposal of litter by pedestrians and motorists, such publicly-patronized or used establishments and institutions as may be designated by the City shall provide, regularly empty and maintain in good condition, adequate containers that meet standards prescribed by the department. This requirement shall be applicable, but not limited to, fast-food outlet, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges. Section 2. Vehicles Transporting Loose Materials a. It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicles within the corporate limits of the City of Grand Terrace unless said cargo is secured in such manner as to prevent depositing litter on public and private property. b. The duty and responsibility imposed by Section 2.a shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person, firm, corporation, institution or organization from whose residence or establishment the cargo originated. c. In the prosection charging a violation of Section 2.a, lack of adequate securing shall in itself constitute proof a violation has been committed. Section 3. Loading and Unloading Operations a. Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof. b. Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations. - 2 - Section 4. Construction/Demolition Projects a. It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project. b. It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof, or for transport by himself, to an authorized facility for final disposition. c. The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility. Section 5. Household Solid Waste Containerization and Removal a. All residences located in any area in which collection is by the City or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections. b. All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of by free or fee-payment bulk collection service, self-transport of such items to end-disposal facilities or by collection for recycling. c. Containers shall be kept covered at all times. d. Any container which does not conform to the prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the City or approved contractor. Failure to do so within five (5) days of such notification shall constitute a violation of this section. e. It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. Section 6. Commercial Solid Waste Containerization and Removal a. All establishments and institutions which generate solid waste for collection by approved contractors shall abide by the following container requirements prescribed by the San Bernadino Department of Environmental Health, Solid Waste Mangement Division. b. Containers shall be kept covered at all times. - 3 - c. Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the City or approved contractor. Failure to do so within five (5) days of such notification shall constitute a violation of this section. d. It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. Section 7. Provisions for Solid Waste Disposal and Storage Facilities at New Buildings a. Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the City and the approved contractor. b. No approval of occupancy shall be permitted for said premises until approval , by the City, of these facilities has been obtained. SECTION 8. Keeping Property Clean a. It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points. b. Owners, agents, occupants or lessees whose properties face on municipal sidewalks and parkways shall be responsible for keeping those sidewalks, parkways and alleys free of litter. c. It shall be unlawful to sweep or push litter from sidewalks and parkways into streets. Sidewalk and parkway sweepings must be picked up and put into household or commercial solid waste containers. d. It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon: (1) Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction for a period of time in excess of 12 months; (2) Unpainted buildings causing dry rot, warping and termite infestation; (3) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; - 4 - (4) Overgrown vegetation causing detriment to neighboring properties; (5) Dead trees, weeds and debris: (a) Constituting unsightly appearance, or (b) Dangerous to public safety and welfare; (6) Inoperable or abandoned motor vehicles stored on the premises visible from ground level from the public street or neighboring properties. All of the provisions of Sections 22660 through 22671 of the California Vehicle Code are hereby adopted by reference as a part of this Ordinance. In the case of any conflict between the provisions of this Ordinance and provisions of Section 22660 through 22671, the provisions of Sections 22660 through 22671 shall prevail ; (7) Attractive nuisances dangerous to children in the form of: (a) Abandoned and broken equipment, (b) Hazardous pools, ponds and excavations, and (c) Neglected machinery; (8) Broken or discarded furniture and household equipment in yard area; (9) Clothes lines in front yard areas; (10) Garbage cans stored in front or side yards and visible from public streets; (11) Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods; (12) Neglect of premises causing a detrimental affect upon the enjoyment or use of neighboring property; (13) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; (14) Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: (a) lumber, junk, trash or debris, (b) abandoned, discarded or unused items of equipment such as furniture, stoves, refrigerators, freezers, cans or containers, (c) stagnant water, or excavations, - 5 - (d) any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location; (15) Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties. ARTICLE III ADMINISTRATION AND ENFORCEMENT Section 1. The City Manager or designated representative, Police Department, and Building Department are jointly empowered to enforce the provisions of this ordinance. Section 2. Whenever the enforcing officer shall find that any premises within the City may be maintained contrary to one or more of the provisions of this ordinance, the enforcing officer shall give written notice to the owner of said premises stating the violation and setting a reasonable time limit for correction of violation. Such notice may be served upon the owner either in person or by mail. A warning prior to a citation being issued shall not be necessary for violations of Sections 1, 2, 5e, or 6d, Article II, of this Ordinance. Section 3. Any person, firm, or corporation violating any provision of this Ordinance shall be guilty of an infraction. Each day that such violation is in existence beyond the established correction date, pursuant to Section 2 above, shall be a new and separate violation. Penalties shall be those specified from time to time by resolution of the City Council of the City of Grand Terrace. Section 4. Payment of any penalty herein provide shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation. ARTICLE IV SEVERABILITY Section 1. If any provision of this Ordinance, or any section thereof, in any circumstances is held invalid, the validity of the remainder of the Ordinance and the application of any of the other provisons or sections shall not be affected. ARTICLE V Section 1. This Ordinance shall be in full force and effect at 12.01 a.m. on the 31st daffy after its adoption. - 6 - Section 2. The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . Section 3. First read at a special meeting of the City Council of said City held on the 26th day of October, 1983, and finally adopted and ordered posted at a regular meeting of said City Council on the loth day of November, 1983. ATTEST: .Y-0 .+ City VyLsrk of the City 6F Grand Mayor e of raff illerrace Terra a and of the City Council and of the 'ty Nuncil thereof. thereof. Approved as to form: J i City Attorney - 7 - STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the loth day of November, 1983, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix; Mayor Grant. NOES: Councilwoman Pfennighausen ABSENT: None. city Cla of the City of Gr errace Ej and of t e City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 73 of said City, and that the same has not been amended or repealed. DATED: November 14, 1983. City of the City o aR errace and o the City Council thereof.