The purpose of this Chapter is to establish uniform standards in order to control the location, design, and maintenance of hazardous waste facilities and to protect the health, quality of life, and the environment of the residents of the City.

(a)

The City prioritizes hazardous waste management strategies as follows: source reduction (top priority), on-site recycling, off-site recycling, on-site treatment, off-site treatment, and disposal (last priority).

(b)

The City will place public participation as a top priority throughout the process of siting hazardous waste facility projects.

(c)

The City will cooperate fully with other local, State and Federal agencies to efficiently regulate the management of hazardous materials and hazardous waste.

(d)

Transportation of hazardous waste will be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the City.

(e)

The regulations governing the discharge of hazardous waste into sanitation systems will be strictly enforced.

(f)

The City recognizes that household hazardous wastes are a problem, and will work with San Bernardino County to ensure that household hazardous wastes are properly managed and not deposited in County landfills. The City of Twentynine Palms General Plan, when such Plan is prepared, shall address types and quantities of household hazardous waste generated in the City, options and strategies for managing these wastes, and a program for educating the residents of the City as to identification and proper management of household hazardous waste.

(90-88 § A)

The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Hazardous waste" is defined pursuant to Health & Safety Code Section 25117.

(b)

"Hazardous waste facility" or "facility" is defined pursuant to Health & Safety Code Section 25117.1.

(c)

"Hazardous waste facility project" is defined pursuant to Health & Safety Code Section 25199.1(b).

(d)

"Land use decision" is defined pursuant to Health & Safety Code Section 25199.1(e).

(e)

"Specified hazardous waste facility project" is defined pursuant to Health & Safety Code Section 25199.1(n).

(90-88 § B)

The following procedures shall apply to all applications for a land use decision regarding hazardous waste facility projects:

(a)

Modification of Zoning Codes to Regulate Hazardous Waste facilities.

(1)

All hazardous waste facility projects require a Special Use Permit pursuant to the requirements of this Chapter and Chapter 17.24. The local permitting process is intended to assure adequate protection of public health and the environment without imposing undue restrictions on projects.

(2)

All hazardous waste facility projects must meet the criteria listed herein unless the City Counsel determines that one or more criteria should be relaxed to meet an overriding public need.

(3)

Specified hazardous waste facility projects shall be sited only in industrial general zones. Hazardous waste facility projects other than specified hazardous waste facility projects shall be sited in the following zoning designations: treatment facilities in industrial or commercial zones only, storage facilities in nonresidential zones only, and disposal facilities in industrial zones only.

(b)

Applications. All applications for land use decisions shall be filed with the Director of Community Development, accompanied by the appropriate fees. A copy of all applications shall also be filed with the Twentynine Palms Water District.

(c)

Specified Hazardous Waste Facility Projects. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health & Safety Code Sections 25199 et seq., Public Resources Code Sections 21000—21177, and Government Code Sections 65920 et seq.

(1)

The person, or entity, preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the Local Assessment Committee.

(2)

All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the project proponent and the Director of Community Development.

(3)

The Local Assessment Committee, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate.

(d)

Hazardous Waste Facility Projects. All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the following procedures in addition to, and consistent with, Public Resources Sections 21000—21177 and Government Code (i) Sections 65920

(1)

The Director of Community Development shall have thirty (30) working days to make a determination that an application is incomplete for filing purposes, and shall so notify applicant.

(2)

Within ninety (90) days after the application is deemed complete, the Planning Commission shall hold a hearing on the application for a hazardous waste facility project.

(3)

At the request of the applicant the Director of Community Development shall within ninety (90) calendar days after the application has been deemed complete, issue an initial written determination on whether the project is consistent with the General Plan, applicable zoning ordinances, and has met the environmental guidelines of the City for implementing the California Environmental Quality Act ("CEQA"). This determination will not prohibit the City from making a different determination when the final decision is made if such decision is based on information which was not considered when the initial determination was made.

(4)

In addition to (2) above, a public hearing upon the application shall be set before the Planning Commission when:

(A)

The Director of Community Development has determined that the application complies with all regulation requirements;

(B)

All procedures required by the City with regard to the California Environmental Quality Act have been met; and

(C)

All necessary State and Federal permits regulating the facility have been obtained.

(5)

No later than one month prior to a public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand foot (2,000′) radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants, and businesses within a two thousand foot (2,000′) radius of the boundary or land owned by the project applicant.

(99-88 § C)

Every application for a hazardous waste facility project shall be made in writing to the Director of Community Development on the forms provided by the Community Development Department and accompanied by a filing fee. An application shall include, but is not limited to, the following information:

(a)

Name and address of the applicant.

(b)

Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application.

(c)

A site development plan drawn in sufficient detail to clearly describe the following:

(1)

Physical dimensions of the property and structures;

(2)

Location of existing and proposed structures;

(3)

Setbacks and landscaping;

(4)

Methods of circulation and parking;

(5)

Drainage patterns;

(6)

Ingress and egress;

(7)

Storage and processing areas;

(8)

Utilization of property under the requested land use permit;

(9)

Distance from the project property line to the nearest adjacent structure, and a description and location of such structure;

(10)

Proximity of the project to the one-hundred year flood prone areas;

(11)

Proximity of the project to any known earthquake fault zones;

(12)

Relationship of the proposed project to all above ground water supplies and all known underground aquifers that might be threatened with contamination;

(13)

Topographic description of the property and surrounding area;

(14)

A preliminary geological study of the property and surrounding area which comprehends as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers;

(15)

Existing and proposed utilities which service or will be required to service the facility; and

(16)

A vicinity map which indicates, at a minimum, proximity of the project to schools, parks and other community facilities within the City.

Sufficiency as to the depth and detail to which the facility applicant must address the above elements of the application shall be determined by the Director of Community Development.

(d)

Identification of all waste water, treated and untreated, generated by the proposed facility and the method and place of final discharge.

(e)

An analysis of visual, noise, and olfactory impacts associated with the project and recommended mitigation measures.

(f)

An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality in the area.

(g)

Identification of any rare or endangered species of plant or animals within the project site and recommended impact mitigation measures.

(h)

Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

(i)

A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility, and any other probabilities requested by either the Director of Community Development, the Planning Commission or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility.

(j)

A plan that identifies an ongoing monitoring program of air, soil, and groundwater. This plan shall include any monitoring requirements imposed by other appropriate permitting agencies such as, but not limited to, the Air Pollution Control District, Regional Water Quality Control Board and Department of Health Services.

(k)

All applications shall contain a designation of at least two (2) reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act.

(l)

All applications shall be accompanied by a Negative Declaration or a draft Environmental Impact Report pursuant to the California Environmental Quality Act prepared by a qualified environmental consulting firm.

(m)

An emergency response plan that indicates at a minimum:

(1)

That the proposed plan is consistent with any and all applicable County and regional emergency response plans and all City, County, State and Federal regulatory requirements regarding emergency response procedure;

(2)

Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures;

(3)

Anticipated impacts on local fire, police, and medical services; and

(4)

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

An application shall not be declared complete until such emergency response plan is approved by the Director of Community Development, as prescribed in Section 10.01.070(d).

(90-88 § D)

All specified hazardous waste facility projects in the City must comply with the following provisions:

(a)

Proximity to Populations. For a residual repository, as that term is defined in the Health & Safety Code, the distance from the active portion of the facility to one or more residences must be a minimum of two thousand feet (2,000′).

Treatment and storage facilities, as those terms are defined in the Health & Safety Code, should comply with zoning setback requirements for business park facilities, unless a greater distance is justified pursuant to a risk assessment.

(b)

Proximity to Immobile Populations. For all types of facilities, a risk assessment must be performed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the City. The extent of the study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the affects of a spill or emergency situation would carry, a variety of options for reducing the risks, and procedures for dealing with such spills or emergency situations.

(c)

Capability of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

(d)

Flood Hazard Areas. Residual repositories are prohibited in areas subject to inundation by floods with a one-hundred year return frequency, and shall not be located in areas subject to flash floods and debris flows.

All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.

(e)

Proximity to Active or Potentially Active Faults. All facilities are required to have a two hundred foot (200′) setback from a known active earthquake fault.

(f)

Slope Stability. Residuals repositories are prohibited in areas of potential rapid geologic change.

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(g)

Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change.

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(h)

Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.

(i)

Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a future sewer or for the feasibility of discharge directly into a septic system or private treatment facility.

(j)

Proximity to Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field ninety (90) days. Location is preferred where the saturated zone predominantly discharges to non-potable water without any intermediate withdrawals for public water supply.

All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for ninety (90) days unless an effective hydrogeologic barrier to vertical flow exists.

(k)

Depth of Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet (5′) or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist.

(l)

Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the RWQCB permit requirements for groundwater monitoring.

Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(m)

Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

Facilities with subsurface storage or treatment must be located at least one-half (½) mile away from potential drinking water sources.

All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.

(n)

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.

All other facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed.

(o)

Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.

(p)

Non-Attainment Areas. All facilities with air emissions locating in non-attainment areas and emitting air contaminants in excess of established limits will require pre-construction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the Air Pollution Control District.

(q)

Prevention of Significant Deterioration (PSD) Area. All facilities with air emissions locating in the region which are classified under the PSD regulations as major stationary sources will be required to submit to pre-construction review and apply best available control technology.

(r)

Wetlands. All types of facilities are prohibited from locating in wetlands.

(s)

Proximity to Habitats of Threatened and Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.

(t)

Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the Director of Community Development, Planning Commission and City Council.

(u)

Areas of Potential Mineral Deposits. Residuals repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.

All other facilities shall avoid locating on near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

(v)

Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to the hazardous waste generators of the City. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

(w)

Distance From Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.

(x)

Structures Fronting Minor Routes. Facilities shall be located such that any minor routes to and from State or Interstate divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal.

The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites with lower factors are preferred.

(y)

Capacity vs. Average Daily Traffic of Access Roads. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility.

(z)

Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete.

(aa)

Changes in Real Property Values. The project proponent shall fund an independent study of the effect of the facility on real property values within the City. Both the project proponent and the Community Development Agency shall agree beforehand upon the scope of the study and who will conduct it.

(bb)

Direct Revenue to Local Jurisdictions. The City will explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options.

(cc)

Changes in Employment. The project proponent shall fund an independent study of anticipated changes in employment if the facility is sited. The developer and the City shall agree beforehand on the scope of the study and who will conduct it.

(90-88 § E)

(a)

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

(b)

The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility.

(c)

Perimeter fencing shall be constructed.

(d)

Signs with the legend "DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five feet (25′).

(90-88 § F)

(a)

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

(b)

The owner or operator of a facility shall report quarterly to the Department of Community Development the amount, type, and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on site.

(c)

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other Local, State or Federal Agencies to the Director of Community Development.

(d)

The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Director of Community Development.

(90-88 § G)

(a)

The City may impose, as necessary, conditions and standards other than those presented in Sections 10.01.010—10.01.070 above in order to achieve the purposes of this Chapter and to protect the health, safety, or general welfare of the community.

(b)

No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City and not currently being managed by a facility located in the City unless satisfactory compensation is made to the City or a joint powers agreement provides otherwise.

(c)

Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use must be approved by the City before such modifications occur at the facility.

(d)

Every hazardous waste facility project must have a contingency operation plan approved by the State Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the San Bernardino County Department of Environmental Health.

(e)

The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Department of Community Development a written closure plan approved by the State Department of Health Services. All revisions to such closure plans shall also be submitted to the Department of Community Development.

(f)

Prior to issuance of an "Occupancy Permit" to begin the use identified in the land use decision, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency.

(g)

The applicant agrees to indemnify, defend, and render harmless the City and its City Council, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the site.

(h)

No hazardous waste facility project will be approved if it is significantly undercuts incentives for waste minimization by hazardous waste generators.

(i)

Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Director of Community Development. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

(j)

Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director of Community Development.

(k)

The facility owner/operator shall be responsible for all costs of responding to a release of hazardous wastes.

(l)

Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in Section 25115 of the Health & Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least forty-eight (48) hours prior to such storage, treatment, disposal or transportation.

(m)

All costs of compliance with this Chapter shall be borne by the facility owner/operator.

(n)

The City may employ any and all methods permitted by law to enforce this Chapter.

(o)

All facilities must be consistent with the San Bernardino County Hazardous Waste Management Plan to the extent that the provisions of such Plan do not conflict with those of this Chapter. In the event of such conflict, the provisions of this Chapter shall govern.

(90-88 § H)

The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

(a)

The Project will be consistent with the General Plan.

(b)

The Project will not be detrimental to the health, safety, or general welfare of the community.

(c)

The Project Site is or will be served by roads and other public or private service facilities.

(d)

The Project has met or exceeded each requirement of this Chapter.

(e)

The Project is consistent with the provisions of the San Bernardino County Hazardous Waste Management Plan to the extent such provisions do not conflict with the provisions of this Chapter.

(f)

The environmental impacts identified in the Environmental Impact Report or proposed Negative Declaration have been adequately mitigated.

(90-88 §I)

The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion.

(90-88 §J)

The words and phrases contained in this Chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply, except that the following words shall, for the purpose of this Chapter, be defined as follows:

"AB 939" means that State legislation commonly known as the California Integrated Waste Management Act (Stats 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000, et seq.

"Bins" means a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

"Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

"City" means the City of Twentynine Palms.

"City Manager" means the City Manager of the City or his duly-authorized representative or designee.

"Collect" or "Collection" or "Collecting" means to take physical possession of, transport, and remove solid waste from a premises.

"Commercial premises" means premises upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

"Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.

"Franchisee" means a person, persons, firm or corporation that has been issued a franchise by City to provide solid waste handling services within the City.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

"MCAGCC" means the Marine Corps Air Ground Combat Center located in and adjacent to City, and any lands it may annex or incorporate.

"Multi-family dwelling" means either (i) any building or lot containing five (5) or more dwelling units, or (ii) any building or lot containing two (2) or more dwelling units which franchisee determines (and the City Manager agrees) must receive solid waste handling services through the use of shared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts or customer-provided containers. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager whose decision shall be final.

"Organic waste" shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982.

"Premises" means any land, building and/or structure within the City limits where solid waste is generated or accumulated.

"Person" means any individual, firm, corporation, association, group or other entity.

"Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

"Recyclable material" means that solid waste capable of being recycled, including, but not limited to, glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.

"Residential premises" shall mean all premises upon which dwelling units exist. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

"Rolloff box" means containers of ten (10) cubic yards or larger, including compactors.

"Self-hauler" means any person or entity that, pursuant to Section 10.04.070 of this Chapter, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises.

"Single-family dwelling" means a building or lot containing one (1) dwelling unit, and includes buildings and lots with more than one (1) dwelling unit where such dwelling units are determined by the City to be reasonably able to receive individualized solid waste handling service by an automated process utilizing carts. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager.

"Solid waste" means and includes all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "nonhazardous solid waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.

"Special wastes" mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

"Yard waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

(Ord. 296 § 3(Exh. A), 2022)

(a)

The City Council may by resolution or ordinance grant one (1) or more franchises for solid waste handling services related to solid waste generated within the City.

(b)

Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all State laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any State law or regulation to its customers, including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic material from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.

(Ord. 296 § 3(Exh. A), 2022)

(a)

Arrangements for removal of solid waste mandatory. Except as otherwise provided in this Chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste handling services with a franchisee for said premises, or (ii) obtain and maintain registration as a self-hauler as set forth in this Chapter in connection with said premises.

(b)

Exception: vacant premises. The above requirement to provide for solid waste handling services shall not apply in connection with any residential premises at which all dwelling units are vacant and not generating or accumulating solid waste for thirty (30) days or more, provided this exception shall only apply during the period of vacancy. In addition, the above requirement to subscribe for collection services shall not apply to or commercial premises that are vacant and not generating or accumulating solid waste for thirty (30) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself or herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the premises was vacant for the period in question.

(Ord. 296 § 3(Exh. A), 2022)

(a)

Every owner, occupant or person in possession, charge or control of any premises within the City shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by a franchisee, or (ii) approved by the City Manager for self-hauling purposes pursuant to this Chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste.

(b)

Containers provided by a franchisee shall comply with all applicable State laws and regulations.

(c)

No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve (12) hours after collection.

(d)

All newly constructed buildings and facilities at commercial premises and all newly constructed multifamily dwellings shall include trash container enclosures, which enclosures shall consist of a concrete floors and walls of masonry block, stucco, wood, metal, chain-link fencing modified with opaque slats, closable doors or other methods designed to screen such enclosure and prevent the scattering of debris by natural forces such as wind or animals.

(e)

Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be responsible for the cleanup of any solid waste spilled, dumped or scattered as a result of a container overflow.

(f)

It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:

1.

The owner, property manager or person in charge or control of a premises upon which a multi-family dwelling exists may arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises.

2.

The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste handling services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety.

(g)

It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste, or to convert or alter such containers for other uses, or to intentionally damage such containers.

(h)

All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, or lack of an appropriate enclosed area, containers shall be stored in an area adjacent to the dwelling at the point farthest from the closest street or roadway or in an enclosure adjacent to the dwelling.

(Ord. 296 § 3(Exh. A), 2022)

(a)

Residential premises. With the exception of vacant premises meeting the provisions of Section 10.04.030(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises.

(b)

Commercial Premises. With the exception of vacant premises meeting the provisions of Section 10.04.030(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises; excepting, however, commercial premises upon which food preparation establishments exist shall remove or cause to be removed all solid waste generated, stored, collected or accumulated thereon not less than twice per week.

(c)

Modifications to collection frequency. The City Manager may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. City may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule (as determined by the City Manager) and/or that additional or larger containers shall be utilized (as determined by the City Manager); and, similarly, the City Manager may allow for less frequent collection of solid waste due to unique circumstances should he determine such action will not be detrimental to public health, safety and welfare.

(Ord. 296 § 3(Exh. A), 2022)

(a)

It is unlawful, and a public nuisance, (or any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.

(b)

The keeping of solid waste in containers other than those prescribed by this Chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.

(c)

It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste programs offered to him, her or it by the franchisee.

(d)

It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste programs offered to him, her or it by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type of waste in question.

(e)

It is unlawful, and a public nuisance, for any person who is registered as a self-hauler with City to fail to comply with all requirements of such registration, including those related to the handling of organic waste.

(f)

It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, provided, however, the City Manager or his designee is authorized to provide waivers to the requirement to participate in some or all of such obligations where permitted by law.

(g)

It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.

(h)

It is unlawful for any person other than a franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, or otherwise provide solid waste handling services within the City. This prohibition shall not, however, apply to:

1.

Registered self-haulers as defined in this Chapter;

2.

The owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste handling services with a franchisee, when such owner, tenant or occupant is hauling materials generated at his or her own premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a franchisee, to haul solid waste from one's own premises;

3.

The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City and all State laws and regulations relating to the collection and handling of such materials;

4.

The collection, transportation and disposal of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City and all State laws and regulations relating to the collection and handling of such materials.

5.

Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

(i)

It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.

(j)

It is unlawful for any person to place solid waste adjacent to a street or public right-of-way for collection by a franchisee without having first subscribed for solid waste handling services with such franchisee.

(k)

It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

(Ord. 296 § 3(Exh. A), 2022)

Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling service with the use of containers from a franchisee, be registered to self-haul such solid waste in the manner set forth herein, or make arrangements pursuant to Section 10.04.060(h)(3). ln addition to constituting a violation of this Chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging of the project by the City and a requirement that all work cease until compliance with this Section.

(Ord. 296 § 3(Exh. A), 2022)

(a)

Self-haulers who obtain a permit from City, and are operating in accordance with this Chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self-haulers own premises. Notwithstanding any other provision of this Chapter, self-haulers shall not share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.

(b)

Registration. All self-haulers must apply for and receive a permit to operate as a self-hauler from the City and shall comply with the following:

1.

Each self-hauler shall obtain a permit from the City Manager, and such permit shall be renewed on an annual basis.

2.

Each permit application, whether upon initial application or renewal, shall include the following: (i) a list of all bins, carts, rolloff boxes and other containers to be used by the self-hauler, (ii) a list of all transport and disposal equipment to be used by the self-hauler, (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (iv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of solid waste collected will be diverted from disposal in compliance with AB 939;(v) a written plan explaining to the reasonable satisfaction of the City Manager how compliance with the requirement to divert organic waste, in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 will be achieved, and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs including such information as may be deemed necessary or reasonable to ensure compliance with all laws and regulations related to solid waste collection, handling, diversion and disposal.

3.

Permit renewal applications shall additionally include (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) percent of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) records reasonably satisfactory to the City manager demonstrating the manner in which organic waste was diverted from landfills in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 and (iii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager.

4.

The City Manager shall approve the application, and issue a self-hauler permit, if the application meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty percent (50%) diversion requirement and otherwise complied with all laws related to disposal, recycling and diversion of solid waste, including without limitation the diversion of organic waste.

(c)

Containers. Each self-hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self-hauler must conform to industry standards for solid waste disposal, comply with all laws and regulations, and must be approved by the City Manager in writing prior to issuance of a self-hauler permit. In addition, any containers utilized by a self-hauler shall comply with the following requirements:

1.

All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager;

2.

All containers shall be maintained in a sealed, watertight condition;

3.

Self-haulers shall remove any graffiti that appears on containers within twenty-four (24) hours after becoming aware of it.

(d)

Collection and transport equipment. Collection and transport equipment, including, but not limited to, transport trucks and vehicles, utilized by a self-hauler must be approved by the City Manager in writing prior to issuance of a self-hauler permit.

(e)

Non-commercial venture. It is the intent of this Chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self-haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A self-hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self- hauler utilize an independent contractor or any other person or entity for solid waste handling services other than a franchisee.

(f)

Other recycling obligations. Self-haulers shall recycle, or divert from disposal, all recyclable materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by State law or regulation.

(g)

Collection frequency. Self-haulers shall remove solid waste from their premises at least once per week. However, upon application to the City Manager to obtain (or renew) a self-hauler permit, the City Manager may determine a different frequency for solid waste collection, transport and disposal from the self-hauler's premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self-hauler as demonstrated by information in the application.

(h)

Hazardous and special wastes. Unless lawfully and currently licensed under all applicable State, federal and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.

(i)

Revocation. The City Manager may revoke a self-hauler permit if the permittee (i) fails to divert at least fifty percent (50%) of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3, (iii) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self-hauler by the City Manager, or (iv) fails to comply with the provisions of this Chapter or its permit. The City Manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days of the date of such notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in this Code.

(Ord. 296 § 3(Exh. A), 2022)

In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of Section 10.040.60(h) (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.

(a)

The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed, and, further, shall indicate that any appeal of the order for removal must occur within twenty-four (24) hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of the unauthorized container once said owner's identity is ascertained by City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder.

(b)

If within twenty-four (24) hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Manager may direct the removal and storage of the unauthorized container. In addition, if the contents of the container are either comprised of a substantial amount of putrescible solid waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

(c)

Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.

(d)

If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to be mailed to the owner along with a request that the owner claim the stored property. If the unauthorized container is not claimed within ninety-five (95) days after mailing of the notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the foregoing procedure related to abandonment will apply.

(Ord. 296 § 3(Exh. A), 2022)

(a)

This chapter may be enforced in any manner set forth in this Code, or as otherwise provided by law.

(b)

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:

1.

Penalty for misdemeanor violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

2.

Penalty for infraction violation. Any person convicted of an infraction under any provision of this chapter shall be punished by:

(A)

A fine not exceeding one hundred dollars ($100.00) for a first violation;

(B)

A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; and

(C)

A fine not exceeding five hundred dollars ($500.00) for a third violation and for any additional violation of the same provision within one (1) year.

(c)

Violations related to State mandated Organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof which address such obligations, shall be subject to the provisions of the City's municipal code related to administrative citations, modified as follows:

1.

Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.

2.

Absent compliance, the following administrative fines shall apply:

(A)

For a first violation - Fifty dollars ($50.00)

(B)

For a second violation - One hundred dollars ($100.00)

(C)

For a third or subsequent violation - Two hundred fifty dollars ($250.00)

(d)

Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

(e)

Attorney fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this chapter.

(Ord. 296 § 3(Exh. A), 2022)

(a)

Clean-Up Prior to Collection. Prior to collection and removal of solid wastes from a premises, the owner, tenant, occupant, person or entity in control of the premises, whether commercial or residential, shall be solely responsible for the clean-up of all solid waste generated upon the premises that becomes dumped, spilled or otherwise scattered as a result of any event, including, but not limited to, human or animal, wind, or other natural interferences with bins, carts, rolloff boxes or other containers placed for collection.

(b)

Clean-Up During/After Collection. A contractor shall be solely responsible for any solid waste spilled, dumped or otherwise scattered during or after collection of solid wastes from a premises. Self-haulers shall be solely responsible for the clean-up of any solid waste spillages during the course of collection, transportation and disposal of such waste.

(Ord. 296 § 3(Exh. A), 2022)

Notwithstanding the foregoing sections of this Chapter, and pursuant to the pre-annexation agreement which was a condition of the Local Agency Formation Commission's approval of the City's annexation, the City's rules and regulations regarding solid waste collection do not apply to the area of the Federal military installation currently known as the United States Marine Corps Air Ground Combat Center (hereinafter referred to as "MCAGCC") that is located within the City's territorial boundaries, further:

(1)

MCAGCC and its authorized officials, shall be entitled to use MCAGCC personnel and equipment or the services of any solid waste enterprise to provide solid waste handling services to the area of MCAGCC that is located within the City's territorial boundaries.

(2)

The area of MCAGCC that is located within the City's territorial boundaries shall not be subject to the City's jurisdiction in connection with any franchise solid waste handling agreement between the City and any third party.

(3)

Any franchise solid waste handling agreement between the City and any third party shall not apply to the area of MCAGCC that is located within the City's territorial boundaries unless MCAGCC's authorized officials specifically agree and consent to the application of such agreement.

(Ord. 296 § 3(Exh. A), 2022)

As used in this Chapter:

(a)

"City" means the City of Twentynine Palms.

(b)

"Department" means the San Bernardino County Sheriffs Department.

(c)

"Weeds," "rubbish," "garbage," "junk" and "polluted water" shall be defined as set forth in Chapter 19.92 of the Twentynine Palms Development Code.

(d)

"Owner" means the last registered and legal owner of record of the vehicle that is used to dump garbage, etc.

(e)

"Vehicle" means a vehicle as defined in California vehicle Code Section 670.

(Ord. 181 §1(part), 2004)

(a)

The City Council has determined that persons who operate vehicles and use them to illegally place, deposit, or dump weeds, rubbish, garbage, junk, or polluted water bring decay to local neighborhoods where they dump such matter The Council has further determined that seizing and forfeiting the vehicles of persons who come into the local neighborhoods to engage in such activities will deter them from creating said nuisances. The City Council finds there is a need to provide for the abatement of such nuisance vehicles.

(b)

Any vehicle used to illegally place, deposit, or dump weeds, rubbish, garbage, junk, or polluted water in violation of Chapter 19.92 of the Twentynine Palms Development Code is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this Chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle to illegally dump weeds, rubbish, garbage, junk, or polluted water is guilty of a nuisance. Declaration of this nuisance is made according to the authority of California Government Code Section 38771.

(Ord. 181 §1 (part), 2004)

Subject to the requirements of Sections 10.05.040 and 10.05.080, and except as further limited by this Chapter to protect innocent parties who claim an interest in any vehicle, all right, title, and interest in any vehicle used to commit any nuisance defined in Section 10.05.020 above shall vest in the City upon commission of the act giving rise to forfeiture.

(Ord. 181 §1 (part), 2004)

(a)

A vehicle subject to forfeiture under this Chapter may be seized by any peace officer of the City upon process issued by any court having jurisdiction over the vehicle. Seizure without process may be made if any of the following situations exist:

(1)

The seizure is incident to an arrest or a search under a search warrant;

(2)

There is probable cause to believe that the vehicle was used or is intended to be used in violation of this Chapter; or

(3)

There is probable cause to believe that the vehicle is directly or indirectly dangerous to the health or safety of persons or property.

(b)

The City may notify the Franchise Tax Board of a vehicle seized where there is reasonable cause to believe that the value of the seized vehicle exceeds Five Thousand Dollars ($5,000.00).

(c)

Receipts for vehicles seized pursuant to this Chapter shall be delivered to any person out of whose possession such vehicle was seized, in accordance with California Penal Code Section 1412. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is the owner thereof. This presumption may, however, be rebutted at the forfeiture hearing specified in Section 10.05.100.

(Ord. 181 §1 (part), 2004)

A vehicle seized pursuant to Section 10.05.040, where appropriate, may be held for evidence in proceedings against the owner of the vehicle or the individual who used the vehicle to commit any nuisance described in this Chapter. The City Attorney shall institute and maintain the proceedings.

(Ord. 181 §1 (part), 2004)

Within fifteen (15) days after seizure, if the peace officer does not hold the vehicle for evidence or if the Department does not refer the matter in writing for institution of forfeiture proceedings by the City Attorney, the peace officer or Department shall comply with any notice to withhold issued to the City with respect to the vehicle by the Franchise Tax Board. If no notice to withhold has been issued with respect to the vehicle by the Franchise Tax Board, the peace officer or the Department shall return the vehicle to the registered owner. Alternatively, the City may return the vehicle to the registered lien holder upon the lien holder's filing of a hold harmless agreement on behalf of the City. The hold harmless agreement shall be acceptable to the Department and the City Attorney.

(Ord. 181 §1 (part), 2004)

(a)

Except as provided in subsection (H) of this section, or Section 10.05.120, if the City Attorney determines that the factual circumstances warrant that a vehicle described in Section 10.05.020 subject to forfeiture, and are not automatically made forfeitable by another provision of this Chapter, the City Attorney shall file a petition for forfeiture with the Superior Court of San Bernardino County.

(b)

A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case within one (1) year of the seizure of the vehicle which is subject to forfeiture.

(c)

Physical seizure of the vehicle shall not be necessary in order to have the vehicle alleged to be forfeitable in a petition pursuant to this section. The City Attorney may seek protective orders for any such vehicle.

(d)

The City Attorney shall cause notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of San Bernardino County, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 10.05.090, as well as directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in San Bernardino County.

(e)

An investigation shall be made by the Department as to any claimant to the vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the Department finds that a person, other than the registered owner, is the legal owner of the vehicle, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall forthwith send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal agency.

(f)

All notices shall set forth the time within which a claim of interest in the vehicle seized or that is subject to forfeiture is required to be filed pursuant to Section 10.05.090.

(g)

The City Attorney may, pursuant to this Section, order the forfeiture of the vehicle seized pursuant to this Chapter. The City Attorney shall provide notice of the proceedings under this subsection, including the following information:

(1)

A description of the vehicle;

(2)

The date and place of seizure;

(3)

The violation of law alleged with respect to forfeiture of the vehicle;

(4)

The instructions for filing and serving a claim with the City Attorney pursuant to Section 10.05.090 and time limits for filing a claim.

(h)

If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle in accordance with this Chapter. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

(i)

If a claim is timely filed within fifteen (15) days, then the City Attorney shall file a petition for forfeiture pursuant to this section within thirty (30) days of receipt of the claim.

(Ord. 181 §1 (part), 2004)

Notwithstanding the provisions of this Chapter, the Department shall return a seized vehicle upon the filing of a timely claim pursuant to Section 10.05.090 and upon a showing by the claimant that:

(a)

The vehicle is owned by two (2) or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle while committing any nuisance described in Section 10.05.020, and the vehicle is the sole vehicle available to the person's immediate family; or

(b)

The vehicle is owned by the employer of the person who used or maintained the vehicle while committing any nuisance described in Section 10.05.020; or

(c)

The vehicle is owed by a rental car agency with a duly executed contract with the person who used or maintained the vehicle while committing any nuisance described in Section 10.05.02; or

(d)

The vehicle was reported stolen to a law enforcement agency by the registered owner prior to the date and time of the commission of any nuisance described in Section 10.05.020.

(Ord. 181 §1 (part), 2004)

(a)

Any person claiming an interest in the vehicle seized pursuant to Section 10.05.020 must at any time within fifteen (15) days from the date of the notice of seizure, file with the Superior Court of San Bernardino County a claim, verified in accordance with California Code of Civil Procedure Section 446, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the City Attorney within ten (10) days of the filing of the claim.

(b)

Court proceedings shall be in accordance with the following:

(1)

If a verified claim is filed, the forfeiture proceeding shall be set for a hearing on a day not less than thirty (30) days therefrom.

(2)

The hearing shall be before the court.

(3)

The provisions of California Code of Civil Procedure shall apply to proceedings under this Chapter unless otherwise inconsistent with the provisions or procedures set forth in this Chapter. However, there shall be no joinder of actions or coordination of actions, except for forfeiture proceedings, or cross-complaints and the issues shall be limited strictly to questions related to this Chapter.

(Ord. 181 §1 (part), 2004)

With the respect to a vehicle described in Section 10.05.020 for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 10.05.020. Trial shall be before the court. The presiding judge of the Superior Court shall assign actions brought pursuant to this Chapter for trial.

(Ord. 181 §1 (part), 2004)

Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in Section 10.05.020, the court shall declare the vehicle a nuisance and order that the vehicle be seized, if not previously seized and held by the Department, forfeited and sold and the proceeds distributed in accordance with this Chapter.

(Ord. 181 §1 (part), 2004)

Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle while committing any nuisance described in Section 10.05.020 and whose vehicle has been seized in accordance with this Chapter may request to execute a voluntary settlement agreement with the City for the return of the vehicle. Such request shall be made in writing to the Department or the City Attorney. The minimum amount of the settlement agreement shall be sufficient to cover all of the City's reasonable administrative costs, including attorney's fees and personnel time for the seizure and forfeiture action. The actual amount shall be at the sole and absolute discretion of the City Attorney. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order, cash or cashier's check. All settlement funds shall be distributed as set forth in Section 10.10.130, subsections (b) and (c).

(Ord. 181 §1 (part), 2004)

In all cases where a vehicle is seized and forfeited to the City pursuant to this Chapter, the vehicle shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, and the proceeds of the sale or said cash shall be distributed and appropriated as follows:

(a)

To the bona fide or innocent purchaser, conditional sales vendor, mortgage or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or City Attorney declares the forfeiture and sale of the vehicle and orders a distribution to that person.

(b)

To the City for all expenditures made or incurred by it in connection with the publication of the notices set forth in this Chapter, and sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this Chapter.

(c)

The remaining funds shall be distributed to the Department to cover the costs of implementing the program. Such funds shall be placed in a separate account titled "The Vehicle Forfeiture Account." The Vehicle Forfeiture Account shall be subject to appropriate accounting controls and financial audits for all deposits and expenditures.

(d)

All the funds distributed to the Department pursuant to subsection (c) of this Section shall not supplant any funds that would, in the absence of this Chapter, be made available to support the law enforcement and prosecutorial efforts of the Department.

(Ord. 181 §1 (part), 2004)

This Chapter is not the exclusive regulation against or penalty for committing the nuisances described in this Chapter. It supplements and is in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction.

(Ord. 181 §1 (part), 2004)

(a)

All laws applicable to the levy, collection and enforcement of general taxes of the City, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll of collection.

(b)

The City Clerk shall prepare a notice of the filing of the report and a time and place of a public hearing on the report and the collection of such charges on the tax roll. Prior to the hearing date, the Clerk shall publish the notice as set out in Government Code Section 6066 in a newspaper of general circulation printed and published within the City.

(c)

At the conclusion of the hearing, the City Council may adopt, revise, change, modify or reduce any charge, may overrule any and all objections and shall make its determination upon each charge and its collection on the tax roll. The determination of the City Council shall be final.

(d)

Upon such final determination, on or before August 10 of each year, the City Clerk shall endorse the report with a statement that it has been finally adopted by the City Council, and shall file the signed report with the County Auditor. (88-30 §3; Ord. 187 §14, 2004)

Chapter 10.08 Exhibit "A"

City of Twentynine Palms
Landfill Charges

Division 3, Title III of the San Bernardino County Code, commencing at Sections 33.011 et seq., as adopted by Chapter 1.02 shall be amended by deleting the following Chapter 8, Articles 2, 4, 6 and 7; Chapter 9, Articles 4 and 5; and Chapter 10 in its entirety, and by the addition of the following penalty provisions:

The violation of Division 3, Title III of the San Bernardino County Codes shall be subject to the stated penalties and remedies:

It shall be unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct, or hinder the Department of Environmental Health Services' (DEHS) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representatives of DEHS acting within the scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail for not less than ten (10) days, without the alternative of a fine.

In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, public nuisance may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety may be summarily abated by DEHS enforcement officers as provided herein or otherwise in the manner provided by law for the summary abatement of public nuisances.

Except where punishable as a misdemeanor or felony under State law or herein, any person or entity who violated any provision of this Environmental Health Code (EHC) shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) but not exceeding One Hundred Dollars ($100.00) for a first violation, a fine not exceeding Two Hundred Dollars ($200.00) for a second conviction, within one year, and a fine not exceeding Five Hundred Dollars ($500.00) for the third conviction within one year, the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a term not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by DEHS or its agents pertaining to the violation.

Each day or portion thereof in violation shall be considered a separate and distinct offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.

(88-26 § 2; as amd. by 90-82 § 2)