(A)   This chapter is intended to be a regulatory ordinance in the public's health, safety and welfare for the protection of all citizens who use or are exposed to collection containers. The purpose of this chapter is to establish restrictions and conditions on all collection containers in the city so that they are, and remain, clean, safe and do not create hazards to pedestrians, vehicular traffic, or the community.

(Ord. 3219 § 1 (part), 2015; Ord. 3116 § 1 (part), 2012.)

   Unless the context of a particular provision otherwise requires, the definitions provided in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

(Ord. 3219 § 1 (part), 2015; Ord. 3116 § 1 (part), 2012.)

   No later than 90 calendar days from the effective date of the ordinance adopting this chapter, no person shall place, operate, maintain or allow any collection container on any real property without first obtaining an annual permit therefor issued by the department.

(Ord. 3219 § 1 (part), 2015.)

   (A)   Any person desiring to secure a permit shall make an application to the department for review and approval by the Zoning Administrator pursuant to the provisions of Chapter 17.99 of this code; provided, however, that if there is a conflict between the provisions of this Chapter 17.75 and Chapter 17.99, the provisions of this Chapter 17.75 shall control.

   (B)   A permit shall be obtained for each location where one or more collection containers is proposed to be located.

   (C)   The application for a permit shall be on a form provided by the department, shall include the physical address of the real property where the collection container(s) is/are proposed to be located, and shall be signed by an individual who is authorized to legally bind the applicant, such as, depending upon the type of legal entity, an officer, director, member or manager.

   (D)   Along with its application, the applicant shall furnish the following information:

      (1)   Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

      (2)   Whether the applicant has previously received a permit for a collection container in the city or operates a collection container or similar type receptacle without a permit in the city.

      (3)   The name, address, email and telephone number of a contact person for all matters relating to collection containers located in the city.

      (4)   A scaled drawing sufficient to illustrate the proposed location of the collection container(s) on the real property, the dimensions of the proposed collection container(s) and that the location complies with the requirements of § 17.75.050 of this chapter.

      (5)   If the applicant is not the property owner of the real property on which the collection container(s) will be located, an affidavit and acknowledgement, in a form provided by the director, signed by the property owner or other person authorized to legally bind the property owner, providing written permission to place the collection container(s) on the property and acknowledging receipt of a copy of this chapter and an understanding of the property owner's duties and responsibilities under this chapter.

      (6)   A nonrefundable fee in an amount established by resolution of the City Council.

      (7)   Proof of general liability insurance of no less than $1 million per occurrence.

   (E)   Within 15 business days of receiving an application for a permit, the Zoning Administrator shall notify the applicant whether the permit is granted or denied. If the Zoning Administrator denies an application, the Zoning Administrator shall state in writing the specific reasons for denial.

   (F)   No applicant to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

   (G)   A person shall be issued a permit by the Zoning Administrator if the requirements of this chapter are satisfied.

(Ord. 3219 § 1 (part), 2015.)

   (A)   No permit shall be issued to an applicant for a collection container unless the following requirements have been or can be met and included in the permit conditions:

      (1)   Collection containers shall be metal and be maintained in good condition and appearance, with no structural damage, holes, visible rust, or graffiti.

      (2)   Collection containers shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

      (3)   As is required by the state donation collection laws, collection containers shall have, at a minimum, the information listed below in at least 2 inch type. Except as expressly noted below, all such information shall only be placed on the front of each collection container. Collection containers shall not display any other information, advertising or logos other than those relating to the operator. The required information shall include the following:

         (a)   the name, address, email, telephone number and, if available, the website address of the operator.

         (b)   A statement that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this requirement, a commercial fundraiser, as defined in the state donation collection laws, shall be classified as a for-profit organization.

         (c)   If the collection container is owned by a nonprofit organization, the front of the collection container shall also conspicuously display a statement describing the charitable cause that will benefit from the donations.

         (d)   If the collection container is owned by a for-profit entity, the front of the collection container shall also conspicuously display a statement that reads "this donation is not tax deductible." If the collection container is owned and operated by a commercial fundraiser, as defined in the state donation collection laws, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the container. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only 25 percent of the notice space of the container.

      (4)   Collection containers shall be serviced and emptied as needed to prevent materials from being left or stored outside the container, but at the very least they shall be emptied every 30 calendar days. All materials left outside a container shall be removed immediately by the permittee, operator or property owner.

      (5)   Permittees, operators and property owners shall maintain, or cause to be maintained, the area surrounding the collection containers free from any junk, trash, debris or other material. The permittee, operator and property owner shall be responsible, to the extent provided by law, for the city's cost to abate any nuisance, in accordance with § 1.08.022 of this code.

      (6)   Collection containers shall:

         (a)   be permitted on properties zoned for commercial;

         (b)   not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 calendar days;

         (c)   not be less than 1,000 feet from another collection container as measured along a straight line from one container to the other. Notwithstanding this separation requirement, up to two collection containers on a single lot of record are permitted if the two collection containers are side by side and are no more than one foot apart;

         (d)   not exceed 7.0 feet in height, 6.0 feet in width and 6.0 feet in depth;

         (e)   not cause a visual obstruction to vehicular or pedestrian traffic;

         (f)   not be placed closer than 20 feet from: (i) a public right-of-way; or (ii) a side or rear property line of adjacent property used for residential purposes;

         (g)   not cause safety hazards with regard to a designated fire lane or building exit;

         (h)   not: (i) interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic; or (ii) encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

         (i)   be placed on a level, hard (asphalt or concrete) paved, dust-free surface.

   (B)   No permit shall be issued to an applicant for a collection container unless the following requirement is included in the permit conditions:

      (1)   Permittees, operators and property owners shall agree to operate and maintain, or cause to be operated and maintained, all collection containers in compliance with this chapter, including, without limitation, the provisions of § 17.75.050(A) above.

      (2)   Permittees, operators and property owners shall agree to operate and maintain, or cause to be operated and maintained, all collection containers in compliance with applicable state donation collection laws.

(Ord. 3219 § 1 (part), 2015.)

   (A)   The permit year shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof.

   (B)   A collection container permit shall be renewed annually following its initial term as outlined in § 17.75.060(A) above. The application for renewal must be filed, along with a nonrefundable fee in an amount established by resolution of the City Council, not later than 30 calendar days before the permit expires. The application for renewal shall be upon a form provided by the department.

   (C)   The Zoning Administrator shall either approve or deny the renewal of a permit within 15 business days of receipt of the complete renewal application and payment of the renewal fee. If the application for renewal is filed timely along with the renewal fee, failure of the Zoning Administrator to act prior to the expiration of the permit shall constitute approval of the permit renewal.

   (D)   The Zoning Administrator shall approve the permit renewal unless the Zoning Administrator finds that circumstances existed during the term of the permit which would cause a violation of this chapter, including, without limitation, the provisions of § 17.75.050(A) above, or that at the time of submission of the application for renewal, or at any time during the review of the renewal application, circumstances exist which are inconsistent with the requirements for approval of a new permit as provided for in § 17.75.050 above. As provided in § 17.75.070(A) below, any permittee whose permit has been revoked during its initial term or any subsequent calendar year shall be denied renewal of the permit for the subsequent calendar year.

   (E)   Prior to expiration of the permit, the permittee may voluntarily cancel its permit by notifying the Zoning Administrator in writing of its desire to cancel the permit. The permit shall expire and become void upon the Zoning Administrator's receipt of such written notice.

   (F)   If the permit expires, is canceled by permittee or is not renewed, the collection container(s) must be removed from the real property within a maximum of 15 calendar days after expiration of the permit. If not so removed within such time period, the city may remove, store or dispose of the collection container at the expense of the permittee, operator and/or real property owner. All costs associated with the removal of the collection container incurred by the city, or the city's contractor, shall be the responsibility of the permittee, operator and/or property owner. If such obligation is not paid within 30 calendar days after mailing of a billing of costs to the permittee, operator or property owner, the city may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the city, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

(Ord. 3219 § 1 (part), 2015.)

   (A)   Any permit issued under this chapter may be revoked as follows:

      (1)   The Zoning Administrator shall have the right to revoke any permit issued hereunder for a violation of this chapter. Any of the grounds upon which the Zoning Administrator may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee, operator or property owner to comply with the provisions of this chapter or other provisions of this code or other applicable law, including, without limitation, the state donation collection laws, shall also constitute grounds for revocation of the permit. The Zoning Administrator shall provide a written notification to the permittee, operator and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of 15 calendar days from mailing of the notice to correct or abate the violation. The Zoning Administrator may, in its sole discretion, allow additional time to correct or abate the violation. Upon failure to make the correction or abatement within the required time, the permit shall be revoked by the Zoning Administrator and, thereafter, the permittee, operator and property owner shall not be eligible for a permit on the property for the subsequent calendar year.

      (2)   A permit for a collection container may also be revoked if any governmental authority or agency determines that the collection container has violated the California Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

   (B)   Upon revocation, the collection container shall be removed from the real property within 15 calendar days and, if not so removed within the time period, the city may remove, store or dispose of the collection container at the expense of the permittee, operator and/or real property owner. All costs associated with the removal of the collection container incurred by the city, or the city's contractor, shall be the responsibility of the permittee, operator and/or property owner. If such obligation is not paid within 30 calendar days after mailing of a billing of costs to the permittee, operator or property owner, the city may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the city, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

(Ord. 3219 § 1 (part), 2015.)

   Any person aggrieved by a decision rendered by the Zoning Administrator in granting or denying any application for a permit under this chapter, or in revoking a permit issued under this chapter, may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the department setting forth the grounds for the appeal not later than 15 calendar days after receiving notice of the decision of the Zoning Administrator. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the Zoning Administrator.

(Ord. 3219 § 1 (part), 2015.)

   (A)   In addition to revocation of a permit pursuant to § 17.75.070 above, any person violating the provisions of this chapter is guilty of an infraction. Any condition caused or permitted to exist in violation of the provisions of this chapter shall be deemed a new and separate offense for each day that such condition continues to exist.

   (B)   Nothing in this chapter shall prevent the city from pursuing any other remedy provided by this code or other applicable law in conjunction with, or in lieu of, prosecuting persons under this section for violation of this chapter. By way of example and not as a limitation, a container kept or left in violation of this chapter may be addressed as a public nuisance or otherwise addressed administratively under the provisions of Chapter 1.08 of this code.

   (C)   The permittee, operator and property owner shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

   (D)   No fines shall be imposed for a violation of this chapter until 90 calendar days after the effective date of the ordinance adopting this chapter. All collection containers existing at the effective date of the ordinance adopting this chapter shall apply for a permit as required herein within 30 calendar days of such effective date. Any collection containers not in compliance with this chapter after 90 calendar days of such effective date shall be subject to all remedies for violation as provided herein.

(Ord. 3219 § 1 (part), 2015.)