ORD-47-85 MODIFY NOTICE REQUIREMENTS FOR ENCROACHING TRASH BINS AND DUMP OFF BOXESORDINANCE NO. 47-
85 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 8.29.
160 AND 8.29.170 OF CHAPTER 8.29 OF THE
ORANGE MUNICIPAL CODE TO MODIFY NOTICE
REQUIRE-MENTS FOR ENCROACHING TRASH BINS AND
DUMP OFF
BOXES.WHEREAS, Chapter 8.28 of the Orange Municipal
Code provides that only the City or its authorized
representative shall collect and remove trash, garbage, destruction,
debris,solid waste and construction waste in the City, with
certain exceptions; '
and WHEREAS, Chapter 8.29 of the Orange Municipal Code
sets forth the pe-rmit --requirements to place or leave a
trash bin or dump off box in the
City; and WHEREAS, the present notice requirements
allows violators twenty-four (24) hours in which to
remove an encroaching trash bin or dump
off box; and WHEREAS, some persons who have
received notices of violations before, continue to flout the
City's permit requirements and to take advantage of
the twenty-four (24)hour removal period, particularly since
a trash bin posted on Friday will not be impounded
before the following Monday due to Department of Public
Works
employee work schedules;and WHEREAS, the City Council has
determined that it is reasonable to enforce a presumption that once
a trash bin or dump off box has been posted as violating
the City's permit requirements, then the person
responsible for the placement of the encroaching trash bin or dump
off box should know that future placement of such
containers shall comply with the
City's permit requirements.NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF ORANGE
DOES ORDAIN
AS FOLLOWS:Section I:Sections 8.29.160 and 8.29.170 of Chapter
8.29 of the Orange Municipal Code are hereby amended
8.29.160 Service of Notice; Contents. The notice
referred to in Sections 8.29.080 and 8.29.150 shall be
posted upon the trash bin or dump off box. The notice shall
specify the violation and shall require the removal of such
encroachment within twenty-four (24) hours. Such
notice shall be required one (1) time only to anyone owner of
a trash bin or dump off box. Following such posting, it
shall be conclusively presumed thereafter that the owner of
the trash bin or dump off box has knowledge of the
requirements of this Chapter. Future placement of a trash bin or
dump off box within the City by a person or company that has
been previously notified of such violation, shall be deemed to
be in violation of the provisions of this Chapter and
such notice shall not be required to be posted on said trash
bin or dump off
box.8.29.170 Removal of' Trash Bins or Drop Off Boxes
at Owner's Expense. If the trash bin or dump off box is
not removed w~thin twenty-four (24) hours from and
after posting of the notice, the City may remove the trash bin or
dump off box at the expense of the' owner of the trash bin or
dump off box or at the expense of any other person causing
the trash bin or dump off box to remain. If the owner of
the trash bin or dump off box has been previously notified
as referred to in Section 8.29.160, the City may remove the trash
bin or dump off box immediately at the expense of the owner
of the trash bin or dump off box or the person causing
the trash bin or dump off box
to remain.
Section II:A summary of this Ordinance shall be published
and a certified copy of the full text of this Ordinance
shall be posted in the Office of the City Clerk at least
five (5)days prior to the City Council meeting at which
this Ordinance is to be adopted. A summary of this Ordinance shall
also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, a newspaper
of general circulation, published and circulated in the City
of Orange.The City Clerk shall post in the Office of the City
Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take
effect thirty 30) days from and after the date of its
final passage.ADOPTED this
12th
1985.ATTEST:kf!t)fw~C~ty Clerk tti6 Ci
of Orange ORD 47-85
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council
held on the ~2nd day of October , 1985, and
thereafter at a regular meeting of said City Council duly
held on the 12th day of November , 1985 was duly
passed and adopted by the following vote, to wIt:
AYES:COUNCILMEN: SMITH, BARRERA,-MAYOR BEAM, 'PEREZ, BEYER
NOES:COUNCILMEN:
ABSENT:COUNCILMEN:
C~ty~e~~~-
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ORD 47-85