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HomeMy WebLinkAbout1900 ORDINANCE NO. 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING A CHAPTER 8 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE IMPOSING PERMIT AND CONDITION REQUIREMENTS WITH REGARD TO THE PLACEMENT OF CONSTRUCTION TRASH RECEPTACLES ON CITY STREETS WHEREAS, roll-off trash receptacles and other similar devices placed on City streets usually in relation to a building, landscaping or a construction proj ect or remodeling, without a permit and adherence to conditions can constitute an obstruction and hazard, and WHEREAS, the improper placing of these devices often requires remedial action to remove the hazard and eliminate the danger to persons and property or to take other action appropriate to make their placement on the City street safe; and WHEREAS, Arcadia Municipal Code Section 7230 prohibits structural obstructions on City streets; and WHEREAS, it is necessary to further police this problem and provide appropriate requirements to allow the necessary usage of these devices but only in a safe manner with notice to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That a Chapter 8 is hereby added to the Arcadia Municipal Code with Section 3800 - 3803 to read as follows: -1- 1900 CHAPTER 8: CONSTRUCTION BINS ON STREETS - PERMIT AND CONDITIONS 3800. PERMITS REQUIRED. No person or entity having charge or control of any lot or premises, either as owner, licensee, tenant, building, contractor, housemover, or otherwise shall construct, deposit, keep or maintain or place any roll-off trash receptacle or any other similar device or obstruction (hereinafter sometimes referred to as bins) on the streets, parkways or sidewalks of the City of Arcadia without a permit issued by the City, as set forth in the following Section 3801 and adherence to the conditions set forth ~n the following Section 3802. No permit shall be in effect for longer than three (3) weeks, subj ect to a one (1) week extension which may be granted by the City Building Official upon a showing of good cause. The Building Official may prohibit the placement of bins on certain streets when warranted by the circumstances - e. g. Holly Avenue during racing sessions at Santa Anita Race Track. EXCLUSION: This requirement does not apply to 3 cubic yard bins commonly used by homeowners, apartments and business establishments for regular trash collection. 3801. FEES AND DEPOSITS. A City Street Placement Permit shall be required as a condition precedent to the placement of any device referred to in the above Section 3800. A permit shall be on an application form prescribed by the City of Arcadia. Before accepting any application for a City Street Placement -2'- 1900 Permit, the City shall charge and collect a fee which shall be paid and which shall be in an amount established by resolution of the City Council. With the fee required by this Code the City shall collect a deposit ~n an amount established by resolution of the City Council. The deposit may be utilized by the City for any necessary remedial action including towing, removal of the trash receptacle, or the placement of barriers or reflectors around same. The permit shall also specify and the permittee shall agree that any cost incurred by the City of policing this Ordinance over and above the deposit amount shall be their responsibility. This deposit is refundable should no remedial action be necessary and after removal of the trash receptacle to the satisfaction of the City. In addition, whenever placement of any trash receptacle or other similar device on a street for which a permit is required by this Code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such placement. An investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to TWICE the amount of the permit fee required by this Code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law. -3- 1900 3802. CONDITIONS OF PERMIT. No permit 3801 unless shall be granted the following writing by the pursuant conditions to the above Section are complied with and agreed to in applicant. 1. Bins shall be placed a minimum of fifteen (15) feet from any driveway, a minimum of twenty (20) feet from the end of a street corner radius, and a minimum of fifteen (15) feet from any fire hydrant. 2. Bins shall not block thoroughfare and make it impassable. 3. Applicant shall provide barricades and lights on the traffic side of each end of the bins consistent with a Type I or Type II barricade with a Type A warning light (flashing light) as set forth in the Work Area Traffic Control Handbook" published by Building News, Inc., and kept at the Office of the City Clerk, Planning Department and Public Works Department. 4. Applicant shall indemnify and hold the City harmless with regard to any claims, actions, suits, liabilities, that arise or are in any way connected with the temporary street use by applicant. 5. This permit may be revoked at any time by order of the City and this temporary use shall be abated consistent with the revocation order. If this occurs, utilization of the trash receptacle is immediately revoked and subject to immediate abatement by the City if the party responsible refuses to remove same. -4- 1900 3803. MISDEMEANOR. Failure to comply with the above Sections and any condition related thereto shall constitute a misdemeanor violation of the Arcadia Municipal Code. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved, and adopted this 3rd day of January, 1989. /L~ Mayor of the City of Arcadia ATTEST Ci Arcadia -;;- " -;,~\ ': STATE -'OF<CALr-FORNIA-'"' COUNTY OF'LOS~NGELES CITY OF ARCADIA- ~ ~ SS: I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1900 was passed and adopted by the City Council of the City of Arcadia signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 3rd day of January , 1989 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Gilb, Young and Harbicht NOES: None ABSENT: Councilmember Lojeski uJI:J Arcadia Cit -5- 1900