[Ord. #318]
The City Engineer has established standard plans, specifications
and drawings for the construction of curbs, gutters, sidewalks and
other off-site improvement, and other forms of construction.
All builders, developers, contractors, are required to comply
with the Standard Plans and Specifications, and various procedures
and costs as per outlined within the Standard Plans and Specifications
should be followed.
[Ord. #318. S1]
The standard plans and specifications heretofore prepared by
the City Engineer, a copy of which is on file with the City Clerk,
are adopted as the official standard plans and specifications for
the City.
[Ord. #318, S2]
All contractors, developers, and builders shall comply with
the requirements of the standard plans and specifications. Whenever
any builder, developer or contractor proposes a modification or variance
from the standard plans and specifications which, in the expert opinion
of the City Engineer, will not detract from the purposes of the standard
plans and specifications, the engineer may authorize such variation,
or deviation from said plans and specifications. No such variation
or deviation may be permitted unless specifically authorized by the
engineer in writing. Where it is shown to the City Council by a clear
and convincing preponderance of the evidence that special circumstances
exist which make the application of the requirements and procedures
in the standard plans and specifications to a particular piece of
property impractical, unjust, or unnecessary, the City Council may,
by a roll call vote on a motion recorded in the minutes, authorize
a deviation from the standard plans and specifications.
[Ord. #318, S3]
Whenever any subdivider, developer, builder, contractor, or
engineer submits a proposal to the City Engineer or to the planning
commission or council which deviates substantially from the standard
plans and specifications, the fact of the deviation shall be set forth
specifically in the documents submitted, or by letter accompanying
the document. The approval of any tentative or final subdivision map,
or plans or specifications submitted therewith, or plans, specifications
or other documents submitted to the City, which deviates from the
standard plans and specifications shall not authorize a deviation
detracting from the standard plans and specifications, unless such
deviation is specifically authorized in writing.
[Ord. #318, S4]
Whenever the City Engineer determines, in his expert judgment,
that a minor change in the standard plans and specifications ought
to be made, he is authorized hereby to make such change, reporting
the same to the City Council. Whenever any change of material importance
is to be made in the standard plans and specifications, the change
shall become effective upon its authorization by the City Council
by resolution.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 358, 85-4, 98-5 and 00-12.
[Ord. #04-01, S2]
As used in this section:
a.
BULK REFUSE – shall mean construction rubbish too large to
be reasonably placed in a solid waste container (including but not
limited to lumber, pipes, masonry, concrete and cement), tree stumps,
abandoned vehicles or parts thereof, and like items.
b.
COLLECTOR – shall mean the officer or employees of the City,
or in the event the City has contracted as hereinafter provided to
have the garbage, green waste, recyclable material and/or rubbish
collection and disposal handled through contract, an agent or employee,
or the agents or employees, of the person or agency or organization
with whom the City shall have contracted, who collect, transport through
the streets, alleys or public ways of the City and dispose of refuse,
garbage, green waste, recyclable materials and/or rubbish produced
within the City.
c.
COMMERCIAL CONTAINER – shall mean a container provided by a commercial, office, industrial or government customer, or by the collector to such customer, usually three cubic yards, more or less, in capacity, designed for the deposit of solid waste, placed by the customer or collector at commercial, office, industrial or government premises for the collection of commercial or industrial solid waste and charged at commercial rates. Commercial containers do not include construction rubbish containers placed at residential premises. All commercial containers shall have operating lids that shall be maintained by the customer or the collector, whoever is the provider, in good working order to provide an effective seal at the top of the container, as required by paragraph a of subsection 13-2.7.
d.
COMMERCIAL, OFFICE INDUSTRIAL OR GOVERNMENT PREMISES – shall
mean all premises in the City, other than residential premises, where
commercial or industrial solid waste is generated or accumulated.
e.
COMMERCIAL OR INDUSTRIAL SOLID WASTE – shall mean all types
of solid waste generated or accumulated at commercial, office, industrial
or government premises and placed in commercial containers for accumulation
and collection. Commercial or industrial solid waste does not include
residential solid waste or recyclable material.
f.
CONSTRUCTION RUBBISH – shall mean brick, stone, mortar, drywall,
concrete, asphalt, asphaltic/concrete paving materials, demolished
or discarded building materials, rubble or other combustible or noncombustible
debris incident to construction, repair, rehabilitation or demolition
of buildings, public highways, streets, bridges, parking lots, roadways,
alleys, water lines, sewer lines, natural gas lines, electrical power
lines, other utility facilities or other public infrastructure.
g.
CONTAINER – shall mean residential, commercial, industrial and government bins and cans approved by resolution of the council for the accumulation and collection of refuse, garbage, rubbish, recyclable materials, green waste or other solid waste within the City. All containers shall have operating lids that shall be maintained in good working order to provide an effective seal at the top of the container, as required under paragraph a of subsection 13-2.7.
h.
DUMP GROUNDS, CITY DUMP, AND DUMP – shall mean any property
the City shall designate at any time to be used for the disposal of
any or all refuse, garbage, rubbish or other waste material that may
accumulate within the City, and may include any property under the
control of a person, agency or organization other than the City or
under the joint control of the City and some other person, agency
or organization.
i.
DANGEROUS MATERIALS – shall mean any materials, either combustible
or noncombustible, which are poisonous, including insecticides, herbicides,
fungicides, or any substance with any active agent that is injurious
to plant, animal or human life.
j.
GARBAGE – shall mean organic refuse of animal, fish, fruit
or vegetable origin, including but not limited to household, commercial
and industrial food waste, or such organic refuse which may attract
or propagate flies, vermin or vectors, or create offensive odors.
k.
GREEN WASTE – shall mean leaves, grass, clippings, weeds, tree
trimmings, untreated wood waste, shrubbery cuttings, dead plants and
similar organic material which may be effectively composted. Green
waste does not include plant material that is classified as food material.
l.
HAZARDOUS WASTE – shall mean any waste materials or mixture
of wastes defined as a "hazardous substance" or "hazardous waste"
under the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
§ 3251 et seq.), the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) (42 U.S.C. § 6901
et seq.) and all future amendments to either; defined as "hazardous
waste" under California Public Resources Code § 40141; or
defined as hazardous waste by agencies of the State, including but
not limited to the California Integrated Waste Management Board and
the Department of Health Services. Where there is a conflict in the
definitions employed by two or more agencies having jurisdiction over
hazardous or solid waste, the term hazardous waste shall be construed
to have the broader, more encompassing definition.
m.
RECYCLABLE MATERIAL – shall mean solid waste material such
as newspapers, printed matter, paper products, aluminum cans, other
cans, glass, beverage containers, bottles, plastic containers and
material (polyethylene teraphthelate and high density polyethylene
plastic), pasteboard, corrugated cardboard and other items that through
a process of collecting, sorting, cleansing, treating and reconstituting
is returned to the economic mainstream in the form of raw material
for new, reused, remanufactured, reprocessed or reconstituted products
which meet the quality standards necessary to be used in the market
place and consistent with the requirements of the California Integrated
Waste Management Act.
n.
RECYCLING SERVICE – shall mean the program by which the City,
itself or by agreement with designated collector, collects recyclable
materials from residential, commercial, office, industrial and government
customers of the refuse, garbage and rubbish collection services subject
to this section. Under the recycling service, recyclable materials
shall be placed in special containers, blue in color and approved
by resolution of the council, and such containers shall be placed
at curbside for collection by the City's authorized collector. The
collection of recyclable materials shall be by a schedule that may
be separate and different from the schedule for collection of refuse,
garbage, green waste and rubbish. The recycling service program shall
comply with the requirements of the California Integrated Waste Management
Board, shall be approved by resolution of the council, and shall be
set forth in the City's contract with the designated recycling collector,
if any.
o.
RUBBISH – shall mean combustible materials, including, but
not limited to, boxes, barrels, wood, tree branches, yard trimmings,
wood furniture and bedding, and noncombustible materials including,
but not limited to, metals, tin cans, metal furniture, dirt, glass,
crockery and minerals, and shall include construction rubbish; provided
that rubbish shall not include green waste, recyclable materials or
bulk refuse as hereinabove defined.
p.
SOLID WASTE – shall mean garbage, green waste, recyclable material,
rubbish, bulk refuse and all other "solid waste" as defined under
California Public Resources Code § 40191, as amended from
time to time.
[Ord. #04-01, S2]
The City, in order to more effectively promote and protect public
health and safety, reduce the dangers and hazards of fires and conflagrations,
control vermin and vectors, limit sources of noise, and promote economies
and efficiencies in delivery of municipal services in the City, reserves
to itself the sole and exclusive right to collect, transport and dispose
of all garbage, green waste, recyclable materials, rubbish produced,
found and accumulated within the City, or to designate one or more
persons to collect all or part of such matter.
[Ord. #04-01, S2]
The City may by resolution award and give the right to haul
and transport all garbage, green waste, recyclable materials, rubbish
and/or other solid waste produced or accumulated in the City over
and upon the public streets and alleys in the City, to such person
or persons as in the judgment of the council seems best and upon such
terms as the council may determine, including the payment of any franchise
fee for the privilege.
[Ord. #04-01, S2]
It shall be mandatory for every occupied property within the
City to receive garbage, green waste, recycling and rubbish collection
service from the City or its designated collector.
[Ord. #04-01, S2]
No person shall haul or transport over and upon the public streets
and alleys in the City any garbage, green waste, recyclable materials,
rubbish or other solid waste (other than garbage, waste material,
green waste, recyclable material, rubbish or other solid waste from
the property owned or occupied by such person), without first having
been awarded and given the right by the City to engage in the business
of removing and disposing of garbage, green waste, recyclable materials,
rubbish and/or other solid waste within the City, and having obtained
all permits required by the City, state or federal governments.
[Ord. #04-01, S2]
Each person or firm that provides recycling service or otherwise
collects or removes recyclable materials within the City shall file
an annual report with the director of public works, during the month
of February of each year, listing the types and total weights of all
recyclable materials collected during the previous calendar year.
[Ord. #04-01, S2]
a.
General. The occupant, tenant or lessee of any house, dwelling, flat,
apartment building, mobile home, motel, hotel, restaurant, or any
other place of business or residence within the City where solid waste
is produced or accumulated shall obtain and keep, in the manner as
hereinafter provided, one or more separate watertight metallic or
rubber or plastic containers for receiving and holding all the solid
waste, including separate garbage and rubbish, green waste and recyclable
material containers, which accumulates on the premises between the
times of successive collections. Containers for recyclable materials
shall be blue in color. Containers for green waste shall be green
in color. Containers for garbage, rubbish and all other solid waste
shall be brown or black in color. Such containers shall have suitable
handles, shall be maintained in well-kept, clean and sanitary condition,
and shall be equipped with a tight-fitting cover which shall be kept
in place and completely closed to prevent spillage of contents and
attraction or propagation of vermin or vectors. Containers used by
a residential, commercial, office, industrial or government customer,
or by a multiple-family premises, shall be of a type and size approved
by the director of public works for that type of customer.
The City, in its sole discretion, may itself provide to the solid waste customer any of the containers required by this subsection 13-2.7. Alternatively, the City, in its sole discretion, may cause its collector to provide any of the containers required by this subsection. If the City does not so elect, each solid waste customer shall be responsible for providing containers complying with this subsection 13-2.7.
b.
Garbage and Rubbish. All garbage and rubbish accumulated at single-family residences, except as provided in paragraph e of this subsection 13-2.7, shall be placed in a container meeting the requirements of paragraph a. Garbage and rubbish containers for commercial, office, industrial or government establishments, or for multiple-family premises, shall also be in accordance with the above provisions, unless containers of a different type and size have been approved or required by the director of public works.
c.
Green Waste Collection. Notwithstanding any other provisions of this
section, every solid waste collection customer in the City shall participate
in the program established by the City for separating green waste
from garbage and recyclable material prior to pickup of solid waste.
The City's green waste program shall be established by resolution
of the council and shall be included as part of any City contract
with a designated green waste collector. Each customer shall separate
all green waste from garbage and recyclable material prior to pickup
of solid waste, shall obtain and use a separate suitable container,
meeting the requirements of paragraph a of this subsection and green
in color, and, except as provided in paragraph e of this subsection,
shall place all green waste only in such container for collection.
Such container shall be placed by the customer in a location determined
by the City and shall be made available for collection by the City
or its collector at the designated green waste collection day and
time.
d.
Collection of Recyclable Material. Notwithstanding any other provisions
of this section, every solid waste collection customer in the City
shall participate in the program established by the City for separating
recyclable material from garbage, rubbish and green waste prior to
pickup of solid waste. The City's recycling service program shall
be established by resolution of the council and shall be included
as part of any City contract with a designated recycling service collector.
Each customer shall separate all recyclable material from garbage,
rubbish or green waste prior to collection, shall obtain and use a
separate suitable container, meeting the requirements of paragraph
a of this subsection and blue in color, and shall place all recyclable
materials only in such container for collection. Such container shall
be placed by the customer in a location determined by the City and
shall be made available for collection by the City or its collector
at the designated recyclable material collection day and time.
e.
Exceptions. The following articles of solid waste will be collected
from single-family residences even though not in containers; provided,
that the same are packaged or tied as indicated below, and such package
or bundle does not exceed 70 pounds in weight:
1.
Magazines and newspapers will be collected only when securely tied
in bundles or in boxes.
2.
Cardboard will be collected only when securely tied in bundles, and
boxes made of cardboard shall be flattened prior to being tied.
3.
All green waste consisting of tree, shrub or bush trimmings which
have been cut and tied and bundled, such bundles not to exceed four
feet in length or 12 inches in diameter.
[Ord. #04-01, S2]
a.
All garbage and rubbish, green waste and recyclable material containers for all single-family residential lots, whether or not adjacent to a public alley, shall be placed within the curbline in the front yard of such lot no sooner than noon of the day preceding the scheduled day of collection, and no later than prior to the scheduled time of collection on the scheduled day of collection. The empty containers shall be removed from within the front yard curbline no later than 12 hours following the actual collection. At all other times garbage and rubbish, green waste and recyclable material containers for single-family residential lots shall be stored at a location on the lot no closer than the front yard setback line as required under Chapter 25, Zoning. Any garbage and rubbish, green waste or recyclable material container stored in the front yard area or side yard area of such lot shall be screened from view of the street and adjacent lots.
b.
All garbage and rubbish, green waste and recyclable material containers
for commercial, industrial, office or government establishments and
multiple family units shall be stored at a location approved in writing
by the director of public works.
c.
The collector shall not be required to collect any garbage, rubbish,
green waste or recyclable material which has not been placed in an
approved container and located for collection in accordance with paragraphs
a or b of this subsection.
d.
Until garbage, rubbish, green waste or recyclable material is collected,
the owner, occupant or other person in charge of day-to-day operation
of each residential, commercial, industrial, office or government
premises or establishment shall be responsible for the immediate cleanup
of any garbage, rubbish, green waste or recyclable material that is
spilled, leaked, emptied, discarded or disposed of into the environment
or which otherwise is located outside the appropriate container. This
responsibility applies as follows:
1.
The owner, occupant or other person in charge of the day-to-day operation
of the premises or establishment shall undertake cleanup immediately
at the time (or as soon thereafter as practicable) when a spill, leak,
emptying, discard or disposal has occurred due to any circumstances,
whether by human or animal interference with a container, wind or
other natural forces, or remaining following collection or removal
by the collector.
2.
Any person removing, collecting or transporting garbage, rubbish,
green waste or recyclable material shall clean up immediately at the
time (or as soon thereafter as practicable) any spill, leak, emptying,
discard or disposal occurs during the removal, collection or transport.
3.
Any and all costs and expenses incurred by the City or on the City's
behalf in investigating and cleaning a spill or release of garbage,
rubbish, green waste or recyclable material not timely cleaned up
by the owner, occupant, collector, transporter or other responsible
person may be assessed against such responsible person. Such costs
and expenses shall include without limitation all administrative expenses,
legal fees and costs incurred by the City in investigating and cleaning
the spill or release.
e.
No person other than the owner, occupant or other person in charge
of the day-to-day operation of the premises or establishment, or employees
of the City or its collector, shall interfere in any manner with any
container or the contents thereof, or move any container or remove
the contents thereof from the location where the container is placed.
[Ord. #04-01, S2; Ord. #08-05, S1; Ord. #12-01, S1]
a.
The collection rates for collection service shall be established
from time to time by the City Council by resolution. The collection
rates shall include a surcharge to residential customers for each
garbage and rubbish container (other than containers for multiple
family premises serving more than one family) placed for collection
in excess of 90 gallons or three 30 gallon containers of garbage and
rubbish per week.
b.
The schedule of collection days, collection times and number of collections
shall be established from time to time by the City Council by resolution.
The City Council may establish different schedules for collection
of garbage and rubbish, green waste and recyclable material.
c.
Beginning on the last business day of May, 2009, if the charges for garbage, rubbish, green waste, and recyclable materials are not paid when due, a penalty of 10% of the amount of the delinquent charge shall be added and collected so long as said charge is paid within 30 days after the due date. Thereafter, a late charge of 1 1/2% per month shall be added to the delinquent charges until paid. Any partial payment of charges will be first credited to pay any accrued penalties and late charges. A customer who is disconnected for nonpayment shall be charged a reconnection charge as established and set forth from time to time by resolution of the City Council. The collection rates established by the City Council for garbage, rubbish, green waste, and recyclables shall be collected by the City on the same utility bill for which water and sewer charges are charged by the City. It is the responsibility of the customer to pay charges for garbage, rubbish, green waste, and recyclables at the same time as payment is made for water and sewer charges and partial payments will not be accepted. The procedure for utility shut-offs as described in subsection 15-1.6 through 15-1.8 of the Firebaugh Municipal Code shall be triggered by nonpayment or partial payment of the rates established by the City Council for garbage, rubbish, green waste, or recyclable material.
[Ord. #04-01, S2]
No person shall bury any garbage, rubbish, green waste, recyclable
material or other solid waste within the City; except, that (1) on
issuance of a written permit from the director of public works, a
person may bury approved construction rubbish or other rubbish for
the purpose of grading of any property within the City; and (2) it
shall not be unlawful for a person to bury green waste if the green
waste either has been ground up for the purpose of composting or is
such a type or texture that grinding up or chipping is not necessary
in order to compost and/or mulch the green waste back into the soil.
[Ord. #04-01, S2]
No garbage, rubbish, green waste, recyclable material or other
solid waste shall be burned within the City limits of the City.
[Ord. #04-01, S2]
Any person with rubbish which falls within the definition of bulk refuse, as defined in paragraph a of subsection 13-2.1, shall make prior arrangements with the collector for the collection of such bulk refuse and shall pay the piece rate for such collection as established by the collector, or shall obtain prior approval of the director of public works for other arrangements for the removal of bulk refuse; except that a person may remove bulk refuse from property owned or occupied by such person without prior approval of the director of public works.
[Ord. #04-01, S2]
Except as may be approved in writing by the director of public works for a commercial, industrial, office or government establishment or a multiple family unit under paragraph b of subsection 13-2.8, no garbage, rubbish, green waste, recyclable material, bulk refuse or other solid waste, whether or not in a receptacle or container, and no other articles of personal property, shall be stored or placed in public alleys of the City.
[Ord. #04-01, S2]
a.
It shall be unlawful for any person to throw, deposit, store, or
cause to be thrown, deposited or stored, any solid waste matter or
any other article of personal property in or upon any vacant lot,
street, alley, gutter, highway, park or other public place, or to
keep any garbage, rubbish, green waste, recyclable material or other
solid waste matter, other than in the manner provided in this section.
b.
It shall be unlawful for any person to uncover or leave a container of garbage, rubbish, green waste or recyclable material uncovered or not completely closed in compliance with paragraph a of subsection 13-2.7.
c.
It shall be unlawful for any person other than a duly authorized
collector of the City to collect, transport, burn, bury or dispose
of any garbage, rubbish, green waste or recyclable material which
has been placed for collection.
d.
It shall be unlawful for any person owning or occupying any building,
lot, or premises in the City to allow or permit any solid waste of
any kind to collect and remain upon any such lot or premises except
as expressly authorized by this section. This paragraph d shall not
be construed to limit the use of a lot, parcel or other property for
construction, repair, rehabilitation or demolition of buildings or
structures; provided that, as a condition of issuance of a building
or demolition permit, every owner, contractor or builder engaged in
such construction, repair, rehabilitation or demolition shall provide
and maintain one or more 100-gallon containers and a sufficient number
of recyclable material containers at, or near, the building or structure
for the disposal of any garbage, construction rubbish or other rubbish,
recyclable material or other solid waste produced by the construction,
repair, rehabilitation or demolition work or by the employees or workmen
engaged in such work. Such containers shall be furnished at the expense
of the contractor, builder or owner of the lot, parcel or property.
e.
It shall be unlawful for any person to place, deposit or keep in
any garbage and rubbish, green waste or recyclable material container
designated for municipal collection any of the following: dead animals;
wearing apparel, bedding, or other refuse from any premises where
any highly infectious or contagious disease has prevailed; explosive
substances; radioactive materials; drugs; poisons; or any other dangerous
materials or hazardous waste. The owner or occupant of any premises
or establishment where any such items are located shall immediately
notify the county health officer and shall dispose of such items in
accordance with his or her direction.
f.
It shall be unlawful for any person other than a duly authorized
collector of the City to pick up, collect, take, appropriate or remove
any garbage, rubbish, green waste or recyclable material from any
container after it has been placed in the designated location for
collection. The owner or other occupant of the premises or establishment
owns all garbage, rubbish, green waste and recyclable material until
possession thereof is taken by the City's authorized collector, at
which time ownership shall pass to the City.
g.
It shall be unlawful for any person to fail to separate green waste from garbage, rubbish, recyclable material or other solid waste prior to collection, or to place any garbage, rubbish, recyclable material or other solid waste (except green waste) in the designated green waste container at the time of collection. If any person does not wish to participate in the City's green waste recycling program, that person shall provide for the recycling of his, her or its own green waste in compliance with this section, and shall not, in any event, discard into the City's solid waste stream green waste that is not in a separate colored green waste container meeting the requirements of paragraphs a and c of subsection 13-2.7.
h.
It shall be unlawful for any person to fail to separate recyclable material from garbage, rubbish, green waste or other solid waste prior to collection, or to place any garbage, rubbish, green waste or other solid waste (except recyclable material) in the designated recyclable material container at the time of collection. If any person does not wish to participate in the City's recycling program, that person shall provide for the recycling of his, her or its recyclable material in compliance with this section, and shall not, in any event, discard into the City's solid waste stream recyclable material that is not in a separate colored recyclable container meeting the requirements of paragraphs a and d of subsection 13-2.7.
i.
It shall be unlawful for any person to deposit garbage, rubbish,
green waste, recyclable material, bulk refuse, dangerous materials,
hazardous waste or other solid waste of any nature in the container
of any other person, or to set out garbage, rubbish, green waste,
recyclable material, bulk refuse, dangerous materials, hazardous waste
or other solid waste for collection on or at another person's premises,
establishment or property. It shall be unlawful for any customer of
the City's solid waste collection service to permit or consent to
another person depositing garbage, rubbish, green waste, recyclable
material, bulk refuse, dangerous materials, hazardous waste or other
solid waste of any nature in the customer's container, or to another
person setting out garbage, rubbish, green waste, recyclable material,
bulk refuse, dangerous materials, hazardous waste or other solid waste
for collection at the customer's premises, establishment or property.
[Ord. #04-01, S2]
The director of public works, upon a receipt of a written request,
may issue a permit authorizing the owner of property or his, her or
its authorized agent to place building materials, construction rubbish
and bulk refuse from any work of improvement temporarily on public
property, subject to such limitations and conditions as the director
of public works shall so describe in the permit issued. In no event
shall such permit be valid for a period in excess of 60 days.
[Ord. #04-01, S2]
The director of public works may make such rules and regulations
as are not inconsistent with the provisions of this section as may
be necessary or desirable to aid in the administration or enforcement
of the provisions of this section.
[Ord. #04-01, S2]
a.
Any person who does any act declared to be unlawful under the provisions
of this section or otherwise violates any provision of this section
shall be guilty of a misdemeanor. Such person shall be guilty of a
separate offense for each and every day or portion of a day during
which any violation of any provision of this section is committed,
continued or permitted by such person, and shall be punished accordingly.
b.
As an alternative to criminal enforcement, the City has independent authority to civilly abate, as a public nuisance, any violation of this section pursuant to Code of Civil Procedure § 731 or chapter 16.5 of this code. Upon entry of a second or subsequent civil or criminal judgment against a person within a two-year period, finding that such person is responsible for a public nuisance under this section, the court may order that person to pay treble the costs of abatement pursuant to Government Code § 38773.7.
[Ord. #04-01, S2]
No person shall encroach upon any public right-of-way of the City of Firebaugh unless and until such person first obtains and maintains in force and effect a valid encroachment permit issued by the City pursuant to subsection 13-2.19. For purposes of this section, the term "right-of-way" shall mean streets, sidewalks, alleys, easements or other interest in real property dedicated to the public use.
[Ord. #04-01, S2]
a.
Upon written application therefor, the City manager, for temporary
encroachments, or the City Engineer, for all other encroachments upon
City sidewalks, rights-of-way or City property, or the director of
public works, in the absence of the City Engineer and manager, may
issue an encroachment permit only when the following conditions have
been met:
1.
The record owners of the real property benefited by or using the
encroachment area have executed and recorded a covenant acceptable
in form to the City attorney, indemnifying the City for all liabilities
resulting from the use or occupation of the encroachment area;
2.
An application for the encroachment permit has been completed on
a form designated by the City that describes the purpose for the encroachment
and the work to be done therein;
3.
Applicable fees as established by resolution of the City Council,
relating to the issuance of the encroachment permit, or associated
costs, have been paid;
4.
The City manager, director of public works or City Engineer determines
that the issuance of the encroachment permit will meet a legitimate
purpose of the applicant, and that such purpose cannot be feasibly
accomplished by any means other than through the issuance of an encroachment
permit; and
5.
The City manager, director of public works or City Engineer determines
that the issuance of an encroachment permit will not be detrimental
to the public health, safety or welfare.
b.
The applicant shall comply with all additional terms, conditions,
and/or restrictions incorporated within the permit and/or covenant
which the City manager, director of public works or City Engineer
may impose.
c.
The City may revoke an encroachment permit upon determining that
the applicant has failed to comply with one or more of the terms,
conditions or restrictions incorporated in the permit or covenant
and, upon revocation, shall order the removal of any and all structures
or improvements from the encroachment area.
d.
The decision of the City manager, director of public works or City
Engineer, as the case may be, with regard to the issuance of the encroachment
permit or the imposition of any term, condition, or restriction imposed
therein, may be appealed to the council, in writing, within 15 days
after notice of that decision to the applicant.
[Added 12-20-2021 by Ord. No. 21-06]
SB 1383, the Short-lived Climate Pollutant Reduction Act of
2016, requires Jurisdictions to adopt and enforce an ordinance or
enforceable mechanism to implement relevant provisions of SB 1383
Regulations.
[Added 12-20-2021 by Ord.
No. 21-06]
As used in this section:
a.
BLUE CONTAINER — has the same meaning as in 14 CCR Section
18982.2(a)(5) and shall be used for the purpose of storage and collection
of Source Separated Recyclable Materials.
b.
CALRECYCLE — means California's Department of Resources Recycling
and Recovery.
d.
COMMERCIAL BUSINESS or COMMERCIAL — means a firm, partnership,
proprietorship, joint-stock company, corporation, or association,
whether for-profit or nonprofit, strip mall, industrial facility,
or a multifamily residential dwelling, or as otherwise defined in
14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that
consists of fewer than five units is not a Commercial Business for
purposes of implementing this section.
e.
COMMERCIAL EDIBLE FOOD GENERATOR — includes a Tier One or a
Tier Two Commercial Edible Food Generator as defined in this section
or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
For the purposes of this definition, Food Recovery Organizations and
Food Recovery Services are not Commercial Edible Food Generators pursuant
to 14 CCR Section 18982(a)(7).
f.
CONTAINER CONTAMINATION or CONTAMINATED CONTAINER — means a
container, regardless of color, that contains Prohibited Container
Contaminants.
g.
C&D — means construction and demolition debris.
h.
DESIGNEE — means an entity that a Jurisdiction contracts with
or otherwise arranges to carry out any of the Jurisdiction's responsibilities
of this section as authorized in 14 CCR Section 18981.2. A Designee
may be a government entity, a hauler, a private entity, or a combination
of those entities.
i.
EDIBLE FOOD — means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this section or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this section or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
j.
ENFORCEMENT ACTION — means an action of the Jurisdiction to
address non-compliance with this section including, but not limited
to, issuing administrative citations, fines, penalties, or using other
remedies.
k.
EXCLUDED WASTE — means hazardous substance, hazardous waste,
infectious waste, designated waste, volatile, corrosive, medical waste,
infectious, regulated radioactive waste, and toxic substances or material
that facility operator(s), which receive materials from the Jurisdiction
and its generators, reasonably believe(s) would, as a result of or
upon acceptance, transfer, processing, or disposal, be a violation
of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed
of in Class III landfills or accepted at the facility by permit conditions,
waste that in Jurisdictions, or its designee's reasonable opinion
would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose Jurisdiction, or its
designee, to potential liability; but not including de minimis volumes
or concentrations of waste of a type and amount normally found in
single-family or multi-family solid waste after implementation of
programs for the safe collection, processing, recycling, treatment,
and disposal of batteries and paint in compliance with Sections 41500
and 41802 of the California Public Resources Code.
l.
FOOD RECOVERY — means actions to collect and distribute food
for human consumption that otherwise would be disposed, or as otherwise
defined in 14 CCR Section 18982(a)(24).
m.
FOOD RECOVERY ORGANIZATION — means an entity that engages in
the collection or receipt of edible food from commercial edible food
generators and distributes that edible food to the public for food
recovery either directly or through other entities or as otherwise
defined in 14 CCR Section 18982(a)(25), including, but not limited
to:
1.
A food bank as defined in Section 113783 of the Health and Safety
Code;
2.
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
3.
A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
n.
FOOD RECOVERY SERVICE — means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a commercial edible food generator for the purposes of this section and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
o.
FOOD SCRAPS — means all food such as, but not limited to, fruits,
vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta,
bread, cheese, and eggshells. Food scraps excludes fats, oils, and
grease when such materials are source separated from other food scraps.
p.
FOOD SERVICE PROVIDER — means an entity primarily engaged in
providing food services to institutional, governmental, commercial,
or industrial locations of others based on contractual arrangements
with these types of organizations, or as otherwise defined in 14 CCR
Section 18982(a)(27).
q.
FOOD-SOILED PAPER — is compostable paper material that has
come in contact with food or liquid, such as, but not limited to,
compostable paper plates, paper coffee cups, napkins, and pizza boxes.
r.
FOOD WASTE — means food scraps and food-soiled paper.
s.
GREEN WASTE — means leaves, grass clippings, brush, branches
and other forms of organic matter generated from landscapes and gardens,
separated from other forms of solid waste.
t.
GRAY CONTAINER — has the same meaning as in 14 CCR Section
18982.2(a)(28) and shall be used for the purpose of storage and collection
of Gray Container Waste.
u.
GRAY CONTAINER WASTE — means solid waste that is collected
in a gray container that is not acceptable for placement in a blue
or green container as part of a three-container collection service.
v.
GREEN CONTAINER — has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection
of source separated green container organic waste.
w.
GROCERY STORE — means a store primarily engaged in the retail
sale of canned food; dry goods; fresh fruits and vegetables; fresh
meats, fish, and poultry; and any area that is not separately owned
within the store where the food is prepared and served, including
a bakery, deli, and meat and seafood departments, or as otherwise
defined in 14 CCR Section 18982(a)(30).
x.
INSPECTION — means a site visit where a Jurisdiction reviews
records, containers, and an entity's collection, handling, recycling,
or landfill disposal of organic waste or edible food handling to determine
if the entity is complying with requirements set forth in this ordinance,
or as otherwise defined in 14 CCR Section 18982(a)(35).
y.
LARGE EVENT — means an event, including, but not limited to,
a sporting event or a flea market, that charges an admission price,
or is operated by a local agency, and serves an average of more than
2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this ordinance.
z.
LARGE VENUE — means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this section and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this section.
aa.
LOCAL EDUCATION AGENCY — means a school district, charter
school, or county office of education that is not subject to the control
of city or county regulations related to solid waste, or as otherwise
defined in 14 CCR Section 18982(a)(40).
bb.
MULTI-FAMILY RESIDENTIAL DWELLING or MULTI-FAMILY — means
of, from, or pertaining to residential premises with five or more
dwelling units. Multi-family premises do not include hotels, motels,
or other transient occupancy facilities, which are considered commercial
businesses.
cc.
NON-COMPOSTABLE PAPER — includes but is not limited to
paper that is coated in a plastic material that will not breakdown
in the composting process, or as otherwise defined in 14 CCR Section
18982(a)(41).
ee.
ORGANIC WASTE — includes greenwaste and food waste.
ff.
ORGANIC WASTE GENERATOR — means a person or entity that
is responsible for the initial creation of organic waste, or as otherwise
defined in 14 CCR Section 18982(a)(48).
gg.
PROHIBITED CONTAINER CONTAMINANTS — means the following:
(i) discarded materials placed in the blue container that are not
identified as acceptable source separated recyclable materials for
the Jurisdiction's blue container; (ii) discarded materials placed
in the green container that are not identified as acceptable source
separated green container organic waste for the Jurisdiction's green
container; (iii) discarded materials placed in the gray container
that are acceptable source separated recyclable materials and/or source
separated green container organic wastes to be placed in Jurisdiction's
green container and/or blue container; and (iv) excluded waste placed
in any container.
ii.
RECYCLABLES — means those materials that by way of collecting,
sorting, cleansing, treating, and reconstituting materials would otherwise
become solid waste, and by processing can be returned to the economic
main stream in the form of raw materials for new, reused, or reconstituted
products. Recyclables include, but are not limited to, newsprint,
mixed paper, aluminum, plastics, glass, metal, cardboard, chip board,
junk mail, magazines, newspaper, books, computer paper, and the like.
jj.
REMOTE MONITORING — means the use of the internet of things
(IoT) and/or wireless electronic devices to visualize the contents
of blue containers, green containers, and gray containers for purposes
of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
kk.
RESTAURANT — means an establishment primarily engaged
in the retail sale of food and drinks for on-premises or immediate
consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
ll.
ROUTE REVIEW — means a visual inspection of containers
along a hauler route for the purpose of determining container contamination,
and may include mechanical inspection methods such as the use of cameras,
or as otherwise defined in 14 CCR Section 18982(a)(65).
mm.
SB 1383 — means Senate Bill 1383 of 2016 approved by the
Governor on September 19, 2016, which added Sections 39730.5, 39730.6,
39730.7, and 39730.8 to the Health and Safety Code, and added Chapter
13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
Public Resources Code, establishing methane emissions reduction targets
in a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
nn.
SB 1383 REGULATIONS or SB 1383 REGULATORY — means or refers to, for the purposes of this section, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
oo.
SELF-HAULER — means a person, who hauls solid waste, he
or she has generated using the generator's own equipment.
pp.
SOURCE SEPARATED — means the segregation, by the generator,
of materials designated for separate collection for some form of recycling,
processing, recovery, or reuse.
qq.
STATE — means the State of California.
rr.
SUPERMARKET — means a full-line, self-service retail store
with gross annual sales of two million dollars ($2,000,000), or more,
and which sells a line of dry grocery, canned goods, or nonfood items
and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
ss.
tt.
TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR — means a Commercial
Edible Food Generator that is one of the following:
1.
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
2.
Hotel with an on-site Food Facility and 200 or more rooms.
3.
Health facility with an on-site Food Facility and 100 or more
beds.
4.
Large Venue.
5.
Large Event.
6.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
uu.
WHOLESALE FOOD VENDOR — means a business or establishment
engaged in the merchang wholesale distribution of food, where food
(including fruits and vegetables) is received, shipped, stored, prepared
for distribution to a retailer, warehouse, distributor, or other destination,
or as otherwise defined in 14 CCR Section 189852(a)(76).
[Added 12-20-2021 by Ord.
No. 21-06]
Single-Family Organic Waste Generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 13-2.20.8:
a.
Shall subscribe to solid waste, organic waste, and segregated recyclable
collection. City shall have the right to review the number and size
of a generator's containers to evaluate adequacy of capacity provided
for each type of collection service for proper separation of materials
and containment of materials; and, single-family generators shall
adjust its service level for its collection services as requested
by the City.
Requirements for source separating solid waste.
1.
All residential generators of solid waste shall be required to source
separate materials into grey, blue, and green containers.
2.
Generators shall place source separated organic waste, including
food waste, in the green container; segregated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
3.
Generators shall not place prohibited container contaminants in any
container. City and City's authorized recycling agent reserve the
right to inspect containers to determine if prohibited container contaminants
are present and issue a warning or assess penalties and fines under
this section.
[Added 12-20-2021 by Ord.
No. 21-06]
Generators that are Commercial Businesses, including Multi-Family
Residential Dwellings, shall:
a.
Subscribe to City's three-container collection services as described
in this subsection and compl with those services except those commercial
businesses that meet the self-hauler requirements. City shall have
the right to review the number and size of a generator's containers
and frequency of collection to evaluate adequacy of capacity provided
for each type of collection service for proper separation of materials
and containment of materials; and, commercial businesses shall adjust
their service level for their collection services as requested by
the City.
b.
Requirements for source separating solid waste.
1.
All commercial generators of solid waste shall be required to source
separate materials into grey, blue, and green containers.
2.
Generators shall place source separated organic waste, including
food waste, in the green container; segregated recyclable materials
in the blue container; and gray container waste in the gray container.
Generators shall not place materials designated for the gray container
into the green container or blue container.
3.
Generators shall not place prohibited container contaminants in any
container. City and City's authorized recycling agent reserve the
right to inspect containers to determine if prohibited container contaminants
are present and issue a warning or assess penalties and fines under
this section.
c.
Supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors for employees,
contractors, tenants, and customers, consistent with City's blue container,
green container, and gray container collection service or, if self-hauling,
in compliance with program requirements as contained in this section.
d.
Excluding Multi-Family Residential Dwellings, provide containers
for the collection of source separated green container organic waste
and source separated recyclable materials in all indoor and outdoor
areas where disposal containers are provided for customers, for materials
generated by that business. Such containers do not need to be provided
in restrooms. If a commercial business does not generate any of the
materials that would be collected in one type of container, then the
business does not have to provide that particular container in all
areas where disposal containers are provided for customers. Pursuant
to 14 CCR Section 18984.9(b), the containers provided by the business
shall have either:
1.
A body or lid that conforms with the container colors provided through
the collection service provided by Jurisdiction, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color requirements.
A commercial business is not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the requirements of the subsection prior to the end of
the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
2.
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
e.
Multi-Family Residential Dwellings are not required to comply with
container placement requirements or labeling requirement pursuant
to 14 CCR Section 18984.9(b).
f.
To the extent practical through education, training, inspection,
and/or other measures, excluding multi-family residential dwellings,
prohibit employees from placing materials in a container not designated
for those materials per the Jurisdiction's blue container, green container,
and gray container collection service.
g.
Excluding multi-family residential dwellings, periodically inspect
blue containers, green containers, and gray containers for contamination
and inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
h.
Annually provide information to employees, contractors, tenants,
and customers about organic waste recovery requirements and about
proper sorting of source separated green container organic waste and
source separated recyclable materials.
i.
Provide education information before or within 14 days of occupation
of the premises to new tenants that describes requirements to keep
source separated green container organic waste and source separated
recyclable materials separate from gray container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
j.
Provide or arrange access for City or its agent to their properties
during all inspections conducted in accordance with this section to
confirm compliance with the requirements of subsection.
k.
Accommodate and cooperate with Jurisdiction's remote monitoring program
for inspection of the contents of containers for prohibited container
contaminants, which may be implemented at a later date, to evaluate
generator's compliance with this section.
l.
Nothing in this section prohibits a generator from preventing or
reducing waste generation, managing organic waste on site, or using
a community composting site pursuant to 14 CCR Section 18984.9(c).
m.
Commercial businesses that are Tier One or Tier Two Commercial Edible
Food Generators shall comply with food recovery requirements in this
section.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
De Minimus Waiver: City may waive a commercial business' obligation
(including multi-family residential dwellings) to comply with some
or all of the organic waste requirements of this section if the commercial
business provides documentation that the business generates below
a certain amount of organic waste material as described below. Commercial
businesses requesting a de minimis waiver shall:
1.
Submit an application specifying the services that they are requesting
a waiver from and provide documentation as noted in paragraph a2 below.
2.
Provide documentation that either:
(a)
The commercial business' total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than 20 gallons
per week per applicable container of the business' total waste; or,
(b)
The commercial business' total solid waste collection service
is less than two cubic yards per week and organic waste subject to
collection in a blue container or green container comprises less than
10 gallons per week per applicable container of the business' total
waste.
3.
Notify City if circumstances change such that commercial business's
organic waste exceeds threshold required for waiver, in which case
waiver will be rescinded.
4.
Provide written verification of eligibility for de minimis waiver
every 5 years, if City has approved de minimis waiver.
b.
Physical Space Waiver: City may waive a commercial business' or property
owner's obligations (including multi-family residential dwellings)
to comply with some or all of the recyclable materials and/or organic
waste collection service requirements if the City has evidence from
its own staff, a hauler, licensed architect, or licensed engineer
demonstrating that the premises lacks adequate space for the collection
containers required for compliance with the organic waste collection
requirements of this section.
A Commercial Business or property owner may request a physical
space waiver through the following process:
1.
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2.
Provide documentation that the premises lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
3.
Provide written verification to Jurisdiction that it is still eligible
for physical space waiver every five years, if Jurisdiction has approved
application for a physical space waiver.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
Tier One Commercial Edible Food Generators must comply with the requirements
of this section commencing January 1, 2022, and Tier Two Commercial
Edible Food Generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
b.
Large venue or large event operators not providing food services,
but allowing for food to be provided by others, shall require food
facilities operating at the large venue or large event to comply with
the requirements of this section, commencing January 1, 2024.
c.
Commercial Edible Food Generators shall comply with the following
requirements:
1.
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for:
3.
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
4.
Allow City's designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant
to 14 CCR Section 18991.4.
5.
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(a)
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(c)
A record of the following information for each of those food
recovery services or food recovery organizations:
(1)
The name, address and contact information of the
food recovery service or food recovery organization.
(2)
The types of food that will be collected by or
self-hauled to the food recovery service or food recovery organization.
(3)
The established frequency that food will be collected
or self-hauled.
(4)
The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a food recovery service or
food recovery organization for food recovery.
d.
Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25,2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
[Added 12-20-2021 by Ord.
No. 21-06]
a.
Food Recovery Services collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(1):
1.
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2.
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
3.
The quantity in pounds of edible food transported to each food recovery
organization per month.
4.
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
b.
Food Recovery Organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
1.
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2.
The quantity in pounds of edible food received from each commercial
edible food generator per month.
3.
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
c.
Food Recovery Organizations and Food Recovery Services that have
their primary address physically located in the City and contract
with or have written agreements with one or more Commercial Edible
Food Generators pursuant to 14 CCR Section 18991.3(b) shall report
to the City it is located in the total pounds of Edible Food recovered
in the previous calendar year from the Tier One and Tier Two Commercial
Edible Food Generators they have established a contract or written
agreement with pursuant to 14 CCR Section 18991.3(b) no later than
July 30th and upon the City's request.
d.
Food Recovery Capacity Planning.
1.
Food Recovery Services and Food Recovery Organizations. In order
to support edible food recovery capacity planning assessments or other
studies conducted by the County, City, special district that provides
solid waste collection services, or its designated entity, Food Recovery
Services and Food Recovery Organizations operating in the City shall
provide information and consultation to the City, upon request, regarding
existing, or proposed new or expanded, food recovery capacity that
could be accessed by the City and its commercial edible food generators.
A Food Recovery Service or Food Recovery Organization contacted by
the City shall respond to such request for information within 60 days,
unless a shorter timeframe is otherwise specified by the City.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
Exclusive franchise hauler, non-exclusive franchised haulers, or
permitted haulers authorization to collect organic waste shall comply
with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license, or other
agreement entered into with the City.
b.
Requirements for facility operators and community composting operations.
1.
Owners of facilities, operations, and activities that recover organic
waste, including, but not limited to, compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon
City request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the City shall respond
within 60 days.
2.
Community composting operators, upon City request, shall provide
information to the City to support organic waste capacity planning,
including, but not limited to, an estimate of the amount of organic
waste anticipated to be handled at the community composting operation.
Entities contacted by the City shall respond within 60 days.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
Self-haulers shall source separate all recyclable materials and organic
waste (materials that City otherwise requires generators to separate
for collection in the City's organics and recycling collection program)
generated on-site from organic waste in a manner consistent with 14
CCR Sections 18984.1 and 18984.2.
b.
Self-haulers that are commercial businesses (including multi-family
residential dwellings) shall keep a record of the amount of solid
waste delivered to each solid waste facility, operation, activity,
or property that processes or recovers organic waste; this record
shall be subject to Inspection by the City. The records shall include
the following information:
1.
Delivery receipts and weight tickets from the entity accepting the
waste.
2.
The amount of material in cubic yards or tons transported by the
generator to each entity.
3.
If the material is transported to an entity that does not have scales
on-site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
c.
Self-haulers that are commercial businesses (including multi-family
self-haulers) shall provide information collected in paragraph b to
City, if requested.
d.
A residential organic waste Generator that self hauls organic waste
is not required to record or report information in paragraphs b and
c.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
City representatives and/or its designated entity, including designees
are authorized to conduct Inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this ordinance by organic waste generators, commercial businesses
(including multi-family residential dwellings), property owners, commercial
edible food generators, haulers, self-haulers, food recovery services,
and food recovery organizations, subject to applicable laws. This
section does not allow City to enter the interior of a private residential
property for inspection.
b.
Regulated entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the City's employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this section described herein. Failure to provide or arrange for:
(i) access to an entity's premises; (ii) installation and operation
of remote monitoring equipment (optional); or (iii) access to records
for any inspection or investigation is a violation of this section
and may result in penalties described.
c.
Any records obtained by a City during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250 et seq.
d.
City representatives, its designated entity, and/or designee are
authorized to conduct any inspections, remote monitoring, or other
investigations as reasonably necessary to further the goals of this
ordinance, subject to applicable laws.
e.
City shall receive written complaints from persons regarding an entity
that may be potentially non-compliant with SB 1383 Regulations, including
receipt of anonymous complaints.
[Added 12-20-2021 by Ord.
No. 21-06]
a.
Violation of any provision of this section shall constitute grounds
for issuance of a Notice of Violation and assessment of a fine by
a City Enforcement Official or representative. Enforcement Actions
under this section are issuance of an administrative citation and
assessment of a fine. The City's procedures on imposition of administrative
fines are hereby incorporated in their entirety, as modified from
time to time, and shall govern the imposition, enforcement, collection,
and review of administrative citations issued to enforce this ordinance
and any rule or regulation adopted pursuant to this section, except
as otherwise indicated in this section.
b.
Other remedies allowed by law may be used, including civil action
or prosecution as misdemeanor or infraction. City may pursue civil
actions in the California courts to seek recovery of unpaid administrative
citations. City may choose to delay court action until such time as
a sufficiently large number of violations, or cumulative size of violations
exist such that court action is a reasonable use of City staff and
resources.
c.
Responsible Entity for Enforcement. Enforcement pursuant to this
section may be undertaken by the City Enforcement Official, which
may be the City Manager or their designated entity, legal counsel,
or combination thereof.
d.
Process for Enforcement.
1.
City Enforcement Officials and/or their designee will monitor compliance with this section randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 13-2.20.9 establishes Jurisdiction's right to conduct inspections and investigations.
2.
The City may issue an official notification to notify regulated
entities of its obligations under this section.
3.
With the exception of violations of generator contamination
of container contents, the City shall issue a Notice of Violation
requiring compliance within 60 days of issuance of the notice.
4.
Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Firebaugh Municipal Code Chapter 1.
Notices shall be sent to "owner" at the official address of
the owner maintained by the tax collector for the Jurisdiction or
if no such address is available, to the owner at the address of the
dwelling or commercial property or to the party responsible for paying
for the collection services, depending upon available information.
e.
Penalty Amounts for Types of Violations. The penalty levels are as
follows:
f.
Compliance Deadline Extension Considerations. The Jurisdiction may
extend the compliance deadlines set forth in a Notice of Violation
issued in accordance with this subsection if it finds that there are
extenuating circumstances beyond the control of the respondent that
make compliance within the deadlines impracticable, including the
following:
g.
Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation per Section 1-5.5.7 of the Firebaugh Municipal Code.
h.
Education Period for Non-Compliance.
Beginning January 1, 2022 and through December 31, 2023, City
will conduct inspections, remote monitoring, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance, and if the City determines that organic
waste generator, self-hauler, hauler, tier one commercial edible food
generator, food recovery organization, food recovery service, or other
entity is not in compliance, it shall provide educational materials
to the entity describing its obligations under this ordinance and
a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties starting
on January 1, 2024.
i.
Civil Penalties for Non-Compliance.
Beginning January 1, 2024, if the City determines that an organic
waste generator, self-hauler, hauler, tier one or tier two commercial
edible food generator, food recovery organization, food recovery service,
or other entity is not in compliance with this section, it shall document
the noncompliance or violation, issue a Notice of Violation, and take
enforcement action as needed.
[Ord. #93-2, S1]
Whenever an entity is required, as a condition of development, to bear the cost of acquisition of necessary rights-of-way or easements for street construction or facilities incidental thereto, or if an entity is required to construct standard frontage improvements or facilities incidental thereto beyond the limits of its development, which for purposes of this section shall mean the centerline of the adjacent street and property boundary lines generally perpendicular to the street centerline, then the City shall, as a condition of and prior to the development or subdivision of the property from which the right-of-way acquisition occurred or from the adjacent property on which the frontage improvements were installed, or from property which would have future responsibility for the construction, require the developer of such adjacent property which received benefit by virtue of the improvements having been previously constructed to pay to the City an amount determined by the director of public works, based on the project accounting, as representing the cost of street right-of-way acquisition and any construction. A notice of potential lien to secure such payment shall be recorded in a form substantially as set forth in subsection 13-3.2. Such payment shall be made prior to approval by the City of any development entitlement or building permit for such adjacent property. The City shall then make reimbursement to the entity who bore the initial cost of such right-of-way acquisition or improvements, or both, provided, however, that any right to reimbursement under this section shall expire 20 years after City acceptance of such rights-of-way and improvements.
[Ord. # 93-2, S1]
The notice of potential lien referred to in subsection 13-3.1 shall be in substantially the following form:
|
RECORDED REQUESTED BY:
CITY OF FIREBAUGH
When Recorded Mail To:
City of Firebaugh
1575 Eleventh Street
Firebaugh, CA 93622
|
|
SPACE ABOVE THIS LINE FOR RECORDER
|
|
CITY OF FIREBAUGH
DEPARTMENT OF PUBLIC WORKS
|
|
NOTICE OF POTENTIAL LIEN
|
|
In accordance with section 13-3 of the Firebaugh Municipal Code, as constituted on the date of this notice, the City of Firebaugh shall, prior to development or further development of the following described real property ("subject property") and as a condition of such development, require the developer of the subject property to pay to the City the sum of $ _____, which represents the estimated cost of right-of-way to be acquired for street construction in connection with [here name the development of the entity who bore the initial cost of such right-of-way acquisition or improvements], which sum is proposed to be paid to [here name the entity who bore the initial cost of such right-of-way acquisition or improvements].
|
|
In addition to said sum, the City of Firebaugh shall also, prior
to development or further development of the subject property, collect
all estimated fees, charges, and improvement costs which may have
been paid by others, which can be assessed to the developer of the
subject property to the extent allowed by the Firebaugh Municipal
Code. The actual amounts to be assessed shall be determined by the
Director of Public Works, City of Firebaugh, at such time described
below.
|
|
The potential lien which is the subject of this notice shall
not attach until and unless a development entitlement is sought from
the City of Firebaugh, including but not limited to a subdivision
map, parcel map, rezone, or special permit, and must be paid prior
to issuance of a building permit.
|
|
The property affected by this notice is commonly known as [give
common description], Assessor's Parcel Number(s) _____;
|
|
and more particularly described as follows: [here give legal
description of the subject property].
|
|
ATTEST:
|
|
By
City Clerk
|
|
CITY OF FIREBAUGH
A Municipal Corporation
|
|
By
Director of Public Works
|
|
APPROVED AS TO FORM
|
|
By
City Attorney
|
[Added 1-23-2016 by Ord. No. 16-07]
The purpose and intent of this section is to provide a uniform
and comprehensive set of regulations and standards for the permitting,
development, siting, installation, design, operation and maintenance
of wireless telecommunications facilities in the City's public right-of-way.
These regulations are intended to prescribe clear and reasonable criteria
to assess and process applications in a consistent and expeditious
manner, while reducing the impacts associated with wireless telecommunications
facilities. This chapter provides standards necessary 1) for the preservation
of the public right-of-way in the City for the maximum benefit and
use of the public; 2) to promote and protect public health and safety,
community welfare, visual resources and the aesthetic quality of the
City consistent with the goals, objectives and policies of the General
Plan; and 3) to provide for the orderly, managed and efficient development
of wireless telecommunications facilities in accordance with the state
and federal laws, rules and regulations.
As used in this section, the following terms shall have the
meanings indicated:
Any equipment associated with the installation of a wireless
telecommunications facility, including but not limited to cabling,
generators, fans, air conditioning units, electrical panels, equipment
shelters, equipment cabinets, equipment buildings, pedestals, meters,
vaults, splice boxes, and surface location markers.
That part of a wireless telecommunications facility designed
to radiate or receive radio frequency signals.
An analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
The Firebaugh Municipal Code.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signal for communication purposes.
A cell on wheels, which is a wireless telecommunications
facility temporarily rolled in or temporarily installed.
The director of public works, or his or her designee.
Wireless telecommunications facilities.
Mounted to a telecommunications tower.
Includes any facility which in whole or in part, itself or
as part of another structure, rests upon, in, over or under the public
right-of-way.
A change to an existing wireless telecommunications facility
that involves any of the following: collocation, expansion, alteration,
enlargement, intensification, reduction, or augmentation, including,
but not limited to, changes in size, shape, color, visual design,
or exterior material. "Modification" does not include repair, replacement
or maintenance if those actions do not involve a change to the existing
facility involving any of the following: collocation, expansion, alteration,
enlargement, intensification, reduction, or augmentation.
A structure composed of a pole or tower used to support antennas
or related equipment. A monopole also includes a monopine, monopalm
and similar monopoles camouflaged to resemble faux trees or other
faux objects attached on a monopole (e.g., water tower).
Attached or supported.
A single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner and as required by provisions of this Code.
Any public highway, public street or alley, public place
in the City of Firebaugh, either owned by the City or dedicated to
the public for the purposes of travel. The term includes all or any
part of the entire width of right-of-way, and above and below the
same, whether or not such entire area is actually used for travel
purposes.
Any residential use, public or private school, day care,
playground, and retirement facility.
A freestanding mast, pole, monopole, guyed tower, lattice
tower, freestanding tower or other structure designed and primarily
used to support wireless telecommunications facility antennas.
Any pole or tower owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical
or other utility services regulated by the California Public Utilities
Commission.
Any facility that transmits and/or receives electromagnetic
waves. It includes, but is not limited to, antennas and/or other types
of equipment for the transmission or receipt of such signals, telecommunications
towers or similar structures supporting such equipment, related accessory
equipment, equipment buildings, parking areas, and other accessory
development. The term "wireless telecommunications facility" does
not apply to the following:
The provision of services using a wireless telecommunications
facility or a wireless telecommunications collocation facility, and
shall include, but not limited to, the following services: personal
wireless services as defined in the federal Telecommunications Act
of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio
telecommunications.
a.
This chapter applies to the siting, construction or modification
of any and all wireless telecommunications facilities proposed to
be located in the public right-of-way as follows:
1.
All facilities for which applications were not approved prior to
January 23, 2017, shall be subject to and comply with all provisions
of this division.
2.
All facilities for which applications were approved by the City prior
to January 23, 2017, shall not be required to obtain a new or amended
permit until such time as a provision of this code so requires. Any
wireless telecommunication facility that was lawfully constructed
prior to January 23, 2017, that does not comply with the standards,
regulations and/or requirements of this division, shall be deemed
a nonconforming use and shall also be subject to the provisions of
§ 13-4.21.
3.
All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (§ 13-4.11), cessation of use and abandonment (§ 13-4.13), removal and restoration (§ 13-4.14) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (§ 13-4.12); provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended or revoked.
b.
This chapter does not apply to the following:
a.
Wireless telecommunications facilities permit. All new wireless facilities or collocations or modifications to existing wireless facilities shall require an encroachment permit subject to director approval, consistent with § 13-2.19 (Encroachment Permits) as well as the standards in this section.
b.
Other permits required. In addition to any permit that may be required
under this chapter, the applicant must obtain all other required prior
permits or other approvals from other City departments, or state or
federal agencies. Any permit granted under this chapter is subject
to the conditions and/or requirements of other required prior permits
or other approvals from other City departments, state or federal agencies.
c.
Eligible applicants. Only applicants who have been granted the right
to enter the public right-of-way pursuant to state or federal law,
or who have entered into a franchise agreement with the City permitting
them to use the public right-of-way, shall be eligible for a permit
to install or modify a wireless telecommunications facility or a wireless
telecommunications collocation facility in the public right-of-way.
d.
Speculative equipment prohibited. The City finds that the practice
of pre-approving wireless equipment or other improvements that the
applicant does not presently intend to install but may wish to install
at some undetermined future time does not serve the public's best
interest. The City shall not approve any equipment or other improvements
in connection with a wireless telecommunications facility permit when
the applicant does not actually and presently intend to install such
equipment or construct such improvements.
a.
Application.
1.
Each applicant requesting approval of the installation or modification
of a wireless telecommunications facility in the public right-of-way
shall fully and completely submit to the City a written application
on a form prepared by the director.
2.
No applicant seeking to install wireless antennas shall seek an encroachment
permit for fiber or coaxial cable only. Applicants shall simultaneously
request fiber installation or other cable installation when seeking
to install antennas in the right-of-way.
b.
Application contents. The director shall develop an application form
and make it available to applicants upon request. The supplemental
application form for a new wireless telecommunications facility installation
in the public right-of-way shall require the following information,
in addition to all other information determined necessary by the director:
1.
The name, address and telephone number of the applicant, owner and
the operator of the proposed facility.
2.
If the applicant is an agent, the applicant shall provide a duly
executed letter of authorization from the owner of the proposed facility.
If the owner will not directly provide wireless telecommunications
services, the applicant shall provide a duly executed letter of authorization
from the person(s) or entity(ies) that will provide those services.
3.
If the facility will be located on or in the property of someone
other than the owner of the facility (such as a street light pole,
street signal pole, utility pole, utility cabinet, vault, or cable
conduit), the applicant shall provide a duly executed written authorization
from the property owner(s) authorizing the placement of the facility
on or in the property owner's property.
4.
A full written description of the proposed facility and its purpose.
5.
Detailed plans of the proposed facility and related report documenting
the following:
(a)
Height, diameter and design of the facility, including technical
engineering specifications, economic and other pertinent factors governing
selection of the proposed design, together with evidence that demonstrates
that the proposed facility has been designed to the minimum height
and diameter required from a technological standpoint for the proposed
site. A layout plan, section and elevation of the structure shall
be included.
(b)
A photograph and model name and number of each piece of equipment
included.
(c)
Power output and operating frequency for the proposed antenna.
(d)
Total anticipated capacity of the structure, indicating the
number and types of antennas and power and frequency ranges, which
can be accommodated.
(e)
Sufficient evidence of the structural integrity of the pole
or other supporting structure as required by the City.
6.
A justification study which includes the rationale for selecting
the proposed site; if applicable, a detailed explanation of the coverage
gap that the proposed use would serve; and how the proposed use is
the least intrusive means for the applicant to provide wireless service.
Said study shall include all existing structures and/or alternative
sites evaluated for potential installation of the proposed facility
and why said alternatives are not a viable option.
7.
Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with § 13-4.7.
8.
Scaled elevation plans of proposed poles, antennas, accessory equipment,
and related landscaping and screening.
9.
An accurate visual impact analysis showing the maximum silhouette,
color and finish palette and proposed screening for the facility,
including scaled photo simulations from at least three different angles.
10.
Completion of the radio frequency (RF) emissions exposure guidelines
checklist contained in Appendix A to the Federal Communications Commission's
(FCC) "Local Government Official's Guide to Transmitting Antenna RF
Emission Safety" to determine whether the facility will be "categorically
excluded," as that term is used by the FCC.
11.
For a facility that is not categorically excluded under the FCC regulations
for RF emissions, the applicant shall submit an RF exposure compliance
report prepared and certified by an RF engineer acceptable to the
City that certifies that the proposed facility, as well as any facilities
that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards and exposure
limits. The RF report must include the actual frequency and power
levels (in watts effective radio power "ERP") for all existing and
proposed antennas at the site and exhibits that show the location
and orientation of all transmitting antennas and the boundaries of
areas with RF exposures in excess of the uncontrolled/general population
limit (as that term is defined by the FCC) and also the boundaries
of areas with RF exposures in excess of the controlled/occupational
limit (as that term is defined by the FCC). Each such boundary shall
be clearly marked and identified for every transmitting antenna at
the project site.
12.
A traffic control plan when the proposed installation is on any street
in a nonresidential zone. The City shall have the discretion to require
a traffic control plan when the applicant seeks to use large equipment
(e.g., crane).
13.
Certification that applicant is a telephone corporation or a statement
providing the basis for its claimed right to enter the right-of-way.
If the applicant has a certificate of public convenience and necessity
(CPCN) issued by the California Public Utilities Commission, it shall
provide a copy of its CPCN.
14.
An application fee, and a deposit for a consultant's review as set forth in Subsection e of this section in an amount set by resolution by the City Council and in accordance with California Government Code Section 50030.
15.
Any other information and/or studies determined necessary by the
director may be required.
c.
Application contents - modification of existing facility. The content of the application form for a modification to an existing facility shall be determined by the director, and shall include but not be limited to the requirements listed in § 13-4.5b unless prohibited by state or federal law.
d.
Effect of state or federal law change. In the event a subsequent state or federal law prohibits the collection of any information required by § 13-4.5b, the director is authorized to omit, modify or add to that request from the City's application form with the written approval of the City Attorney, which approval shall be a public record.
e.
Independent expert. The director is authorized to retain on behalf
of the City an independent, qualified consultant to review any application
for a permit for a wireless telecommunications facility. The review
is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall address any or all of the following:
1.
Compliance with applicable radio frequency emission standards;
2.
Whether any requested exception is necessary to close a significant
gap in coverage and is the least intrusive means of doing so;
3.
The accuracy and completeness of submissions;
4.
Technical demonstration of the unavailability of alternative sites
or configurations and/or coverage analysis;
5.
The applicability of analysis techniques and methodologies;
6.
The validity of conclusions reached or claims made by applicant;
7.
The viability of alternative sites and alternative designs; and
8.
Any other specific technical issues identified by the consultant
or designated by the City.
9.
The cost of this review shall be paid by the applicant through a
deposit pursuant to an adopted fee schedule resolution. No permit
shall be issued to any applicant which has not fully reimbursed the
City for the consultants cost.
a.
Pre-submittal conference. Prior to application submittal, the City
strongly encourages all applicants to schedule and attend a pre-submittal
conference with Public Works Department staff to receive informal
feedback on the proposed location, design and application materials.
The pre-submittal conference is intended to identify potential concerns
and streamline the formal application review process after submittal.
Public Works Department staff will endeavor to provide applicants
with an appointment within approximately five business days after
receipt of a written request.
b.
Notice; decisions. All applications shall be reviewed consistent with the standards contained in § 13-4.7.
1.
Notice of shot clock expiration. The City acknowledges there are
federal and state shot clocks which may be applicable to a proposed
wireless telecommunications facility. That is, federal and state law
provide time periods in which the City must approve or deny a proposed
wireless telecommunications facility. As such, the applicant is required
to provide the City written notice of the expiration of any shot clock,
which the applicant shall ensure is received by the City (e.g., overnight
mail) no later than 20 days prior to the expiration.
2.
Written decision required. All final decisions made pursuant to this
section shall be in writing and based on substantial evidence in the
written administrative record. The written decision shall include
the reasons for the decision.
a.
Design and development standards. All wireless telecommunications
facilities that are located within the public right-of-way shall be
designed and maintained as to minimize visual, noise and other impacts
on the surrounding community and shall be planned, designed, located,
and erected in accordance with the following:
1.
General guidelines.
(a)
The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of wireless telecommunications
facilities in order to ensure that the facility is as visually screened
as possible, to prevent the facility from dominating the surrounding
area and to minimize aesthetic impacts from surrounding properties
all in a manner that achieves compatibility with the community.
(b)
Screening shall be designed to be architecturally compatible
with surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping,
color, and other techniques to minimize the facility's visual impact
as well as be compatible with the architectural character of the surrounding
buildings or structures in terms of color, size, proportion, style,
and quality.
2.
Traffic safety. All facilities shall be designed and located in such
a manner as to avoid adverse impacts on traffic safety.
3.
Blending methods. All facilities shall have subdued colors and nonreflective
materials that blend with the materials and colors of the surrounding
area and structures.
4.
Equipment. The applicant shall use the least visible equipment possible.
Antenna elements shall be flush mounted, to the extent feasible. All
antenna mounts shall be designed so as not to preclude possible future
collocation by the same or other operators or carriers. Unless otherwise
provided in this section, antennas shall be situated as close to the
ground as possible.
5.
Poles.
(a)
Only pole-mounted antennas (as described in the following subsections)
shall be permitted in the right-of-way. All other telecommunications
towers are prohibited, and no new poles are permitted that are not
replacing an existing pole.
(b)
Utility poles. The maximum height of any antenna shall not exceed
48 inches above the height of an existing utility pole, nor shall
any portion of the antenna or equipment mounted on a pole be less
than 24 feet above any drivable road surface. All installations on
utility poles shall fully comply with the California Public Utilities
Commission general orders, including, but not limited to, General
Order 95, as may be revised or superseded.
(c)
Light poles. The maximum height of any antenna shall not exceed
four feet above the existing height of a light pole. Any portion of
the antenna or equipment mounted on a pole shall be no less than 16 1/2
feet above any drivable road surface.
(d)
Replacement poles. If an applicant proposes to replace a pole
in order to accommodate a proposed facility, the pole shall be designed
to resemble the appearance and dimensions of existing poles near the
proposed location, including size, height, color, materials and style
to the maximum extent feasible.
(e)
Pole-mounted equipment, exclusive of antennas, shall not exceed
six cubic feet in dimension.
(f)
An exception shall be required to place a new pole in the public
right-of-way. If an exception is granted for placement of new poles
in the right-of-way:
(1)
Such new poles shall be designed to resemble existing poles
in the right- of-way near that location, including size, height, color,
materials and style, with the exception of any existing pole designs
that are scheduled to be removed and not replaced.
(2)
Such new poles that are not replacement poles shall be located
at least 90 feet from any existing pole to the extent feasible.
(3)
A new pole justification analysis shall be submitted to demonstrate
why existing infrastructure cannot be utilized and demonstrating the
new pole is the least intrusive means possible including a demonstration
that the new pole is designed to be the minimum functional height
and width required to support the proposed facility.
(g)
All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be
camouflaged or hidden to the fullest extent feasible. For all wooden
poles wherein interior installation is infeasible, conduit and cables
attached to the exterior of poles shall be mounted flush thereto and
painted to match the pole.
6.
Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
7.
Wind loads. Each facility shall be properly engineered to withstand
wind loads as required by this Code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall include the impact
of modification of an existing facility.
8.
Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists, and in compliance with sight visibility triangle requirements in Chapter 25 of the Municipal Code, so as not to obstruct visibility at intersections.
9.
Public facilities. A facility shall not be located within any portion
of the public right-of-way interfering with access to a fire hydrant,
fire station, fire escape, water valve, underground vault, valve housing
structure, or any other public health or safety facility.
10.
Screening. All ground-mounted facility, pole-mounted equipment, or
walls, fences, landscaping or other screening methods shall be installed
at least 18 inches from the curb and gutter flow line.
11.
Accessory equipment. Not including the electric meter, all accessory
equipment shall be located underground, except as provided below:
(a)
When above the ground is the only feasible location for a particular
type of accessory equipment and will be ground-mounted, such accessory
equipment shall be enclosed within a structure, and shall not exceed
a height of five feet and a total footprint of 15 square feet, and
shall be fully screened and/or camouflaged, including the use of landscaping,
architectural treatment, or acceptable alternate screening. Required
electrical meter cabinets shall be screened and/or camouflaged.
(b)
In locations where homes are only along one side of a street,
aboveground accessory equipment shall not be installed directly in
front of a residence. Such aboveground accessory equipment shall be
installed along the side of the street with no homes.
12.
Signage. No facility shall bear any signs or advertising devices
other than certification, warning or other signage required by law
or permitted by the City.
13.
Noise.
(a)
Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 7:00 p.m. and 7:00 a.m.
(b)
At no time shall equipment noise from any facility exceed an
exterior noise level of 55 dBA three feet from the source of the noise
if the facility is located in the public right-of-way adjacent to
a business, commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any
property zoned residential or improved with a residential use, such
equipment noise shall not exceed 45 dBA.
14.
Security. Each facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism,
graffiti and other conditions that would result in hazardous situations,
visual blight or attractive nuisances. The director may require the
provision of warning signs, fencing, anti-climbing devices, or other
techniques to prevent unauthorized access and vandalism when, because
of their location and/or accessibility, a facility has the potential
to become an attractive nuisance. Additionally, no lethal devices
or elements shall be installed as a security device.
15.
Modification. Consistent with current state and federal laws and
if permissible under the same, at the time of modification of a wireless
telecommunications facility, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and
other impacts, including, but not limited to, undergrounding the equipment
and replacing larger, more visually intrusive facilities with smaller,
less visually intrusive facilities.
16.
The installation and construction approved by a wireless telecommunications
facility encroachment permit shall begin within one year after its
approval or it will expire without further action by the City.
b.
Conditions of approval. In addition to compliance with the design
and development standards outlined in this section, all facilities
shall be subject to the following conditions of approval (approval
may be by operation of law), as well as any modification of these
conditions or additional conditions of approval deemed necessary by
the director:
1.
The permittee shall submit an as-built drawing within 90 days after
installation of the facility.
2.
The permittee shall submit and maintain current at all times basic
contact and site information to the City. The permittee shall notify
the City of any changes to the information submitted within 30 days
of any change, including change of the name or legal status of the
owner or operator. This information shall include, but is not limited
to, the following:
(a)
Identity, including the name, address and twenty-four-hour local
or toll-free contact phone number of the permittee, the owner, the
operator, and the agent or person responsible for the maintenance
of the facility.
3.
The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this section must include: 1) the transferee's legal name; 2) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and 3) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the City to revoke the applicable permits pursuant to and following the procedure set out in § 13-4.16.
4.
At all times, all required notices and/or signs shall be posted on
the site as required by the Federal Communications Commission, California
Public Utilities Commission, any applicable licenses or laws, and
as approved by the City.
5.
The permittee shall pay for and provide a performance bond or other
form of security approved by the City Attorney's office, which shall
be in effect until the facilities are fully and completely removed
and the site reasonably returned to its original condition, to cover
permittee's obligations under these conditions of approval and this
Code. The security instrument coverage shall include, but not be limited
to, removal of the facility. (The amount of the security instrument
shall be calculated by the applicant in its submittal documents in
an amount rationally related to the obligations covered by the bond
and shall be specified in the conditions of approval.) Before issuance
of any building permit, permittee must submit said security instrument.
6.
If a nearby property owner registers a noise complaint, the City
shall forward the same to the permittee. Said compliant shall be reviewed
and evaluated by the applicant. The permittee shall have 10 business
days to file a written response regarding the complaint which shall
include any applicable remedial measures. If the City determines the
complaint is valid and the applicant has not taken any steps to minimize
the noise, the City may hire a consultant to study, examine and evaluate
the noise complaint and the permittee shall pay the fee for the consultant
if the site is found in violation of this chapter. The matter shall
be reviewed by the director. If the director determines soundproofing
or other sound attenuation measures should be required to bring the
project into compliance with the Code, the director may impose conditions
on the project to achieve said objective.
7.
The wireless telecommunications facility shall be subject to such
conditions, changes or limitations as are from time to time deemed
necessary by the director for the purpose of: a) protecting the public
health, safety, and welfare; b) preventing interference with pedestrian
and vehicular traffic; and/or c) preventing damage to the public right-of-way
or any adjacent property. The City may modify the permit to reflect
such conditions, changes or limitations by following the same notice
and public hearing procedures as are applicable to the underlying
permit for similarly located facilities, except the permittee shall
be given notice by personal service or by registered or certified
mail at the last address provided to the City by the permittee.
8.
The permittee shall not transfer the permit to any person prior to
the completion of the construction of the facility covered by the
permit, unless and until the transferee of the permit has submitted
the security instrument required by § 13.4-7b5.
9.
The permittee shall not move, alter, temporarily relocate, change,
or interfere with any existing structure, improvement or property
without the prior consent of the owner of that structure, improvement
or property. No structure, improvement or property owned by the City
shall be moved to accommodate a wireless telecommunications facility
unless the City determines that such movement will not adversely affect
the City or any surrounding businesses or residents, and the permittee
pays all costs and expenses related to the relocation of the City's
structure, improvement or property. Prior to commencement of any work
pursuant to an encroachment permit issued for any facility within
the public right-of-way, the permittee shall provide the City with
documentation establishing to the City's satisfaction that the permittee
has the legal right to use or interfere with any other structure,
improvement or property within the public right-of-way to be affected
by applicant's facilities.
10.
The permittee shall assume full liability for damage or injury caused
to any property or person by the facility.
11.
The permittee shall repair, at its sole cost and expense, any damage
including, but not limited to, subsidence, cracking, erosion, collapse,
weakening, or loss of lateral support to City streets, sidewalks,
walks, curbs, gutters, trees, parkways, street lights, traffic signals,
improvements of any kind or nature, or utility lines and systems,
underground utility line and systems, or sewer systems and sewer lines
that result from any activities performed in connection with the installation
and/or maintenance of a wireless telecommunications facility in the
public right-of-way. The permittee shall restore such areas, structures
and systems to the condition in which they existed prior to the installation
or maintenance that necessitated the repairs. In the event the permittee
fails to complete such repair within the number of days stated on
a written notice by the City Engineer. Such time period for correction
shall be based on the facts and circumstances, danger to the community
and severity of the disrepair. Should the permittee not make said
correction within the time period allotted the City Engineer shall
cause such repair to be completed at permittee's sole cost and expense.
12.
No facility shall be permitted to be installed in the drip line of
any tree in the right-of-way.
13.
Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the facility approved by the permit is removed
in its entirety from the public right-of-way, an insurance policy
or policies of public liability insurance, with minimum limits of
$2,000,000 for each occurrence and $4,000,000 in the aggregate, that
fully protects the City from claims and suits for bodily injury and
property damage. The insurance must name the City and its elected
and appointed Council members, boards, commissions, officers, officials,
agents, consultants, employees and volunteers as additional named
insureds, be issued by an insurer admitted in the State of California
with a rating of at least a A:VII in the latest edition of A.M. Best's
Insurance Guide, and include an endorsement providing that the policies
cannot be canceled or reduced except with 30 days' prior written notice
to the City, except for cancellation due to nonpayment of premium.
The insurance provided by permittee shall be primary to any coverage
available to the City, and any insurance or self-insurance maintained
by the City and its elected and appointed council members, boards,
commissions, officers, officials, agents, consultants, employees and
volunteers shall be excess of permittee's insurance and shall not
contribute with it. The policies of insurance required by this permit
shall include provisions for waiver of subrogation. In accepting the
benefits of this permit, permittee hereby waives all rights of subrogation
against the City and its elected and appointed Council members, boards,
commissions, officers, officials, agents, consultants, employees and
volunteers. The insurance must afford coverage for the permittee's
and the wireless provider's use, operation and activity, vehicles,
equipment, facility, representatives, agents and employees, as determined
by the City's Risk Manager. Before issuance of any building permit
for the facility, the permittee shall furnish the City Risk Manager
certificates of insurance and endorsements, in the form satisfactory
to the City Attorney or the Risk Manager, evidencing the coverage
required by the City.
14.
Permittee shall defend, indemnify, protect and hold harmless City,
its elected and appointed council members, boards, commissions, officers,
officials, agents, consultants, employees, and volunteers from and
against any and all claims, actions, or proceeding against the City,
and its elected and appointed council members, boards, commissions,
officers, officials, agents, consultants, employees, and volunteers
to attack, set aside, void or annul, an approval of the City, planning
commission or City Council concerning this permit and the project.
Such indemnification shall include damages of any type, judgments,
settlements, penalties, fines, defensive costs or expenses, including,
but not limited to, interest, attorneys' fees and expert witness fees,
or liability of any kind related to or arising from such claim, action,
or proceeding. The City shall promptly notify the permittee of any
claim, action, or proceeding. Nothing contained herein shall prohibit
City from participating in a defense of any claim, action or proceeding.
The City shall have the option of coordinating the defense, including,
but not limited to, choosing counsel after consulting with permittee
and at permittee's expense.
15.
Additionally, to the fullest extent permitted by law, the permittee,
and every permittee and person in a shared permit, jointly and severally,
shall defend, indemnify, protect and hold the City and its elected
and appointed Council members, boards, commissions, officers, officials,
agents, consultants, employees and volunteers harmless from and against
all claims, suits, demands, actions, losses, liabilities, judgments,
settlements, costs (including, but not limited to, attorney's fees,
interest and expert witness fees), or damages claimed by third parties
against the City for any injury claim, and for property damage sustained
by any person, arising out of, resulting from, or are in any way related
to the wireless telecommunications facility, or to any work done by
or use of the public right-of-way by the permittee, owner or operator
of the wireless telecommunications facility, or their agents, excepting
only liability arising out of the sole negligence or willful misconduct
of the City and its elected and appointed Council members, boards,
commissions, officers, officials, agents, consultants, employees and
volunteers.
16.
Should the utility company servicing the facility with electrical
service that does not require the use of an aboveground meter cabinet,
the permittee shall at its sole cost and expense remove the meter
cabinet and any related foundation within 90 days of such service
being offered and reasonably restore the area to its prior condition.
An extension may be granted if circumstances arise outside of the
control of the permittee.
17.
Relocation. The permittee shall modify, remove, or relocate its facility,
or portion thereof, without cost or expense to City, if and when made
necessary by i) any public improvement project, including, but not
limited to, the construction, maintenance, or operation of any underground
or aboveground facilities including but not limited to sewers, storm
drains, conduits, gas, water, electric or other utility systems, or
pipes owned by City or any other public agency, ii) any abandonment
of any street, sidewalk or other public facility, iii) any change
of grade, alignment or width of any street, sidewalk or other public
facility, or iv) a determination by the director that the wireless
telecommunications facility has become incompatible with public health,
safety or welfare or the public's use of the public right-of-way.
Such modification, removal, or relocation of the facility shall be
completed within 90 days of notification by City unless exigencies
dictate a shorter period for removal or relocation. Modification or
relocation of the facility shall require submittal, review and approval
of a modified permit pursuant to the Code including applicable notice
and hearing procedures. The permittee shall be entitled, on permittee's
election, to either a pro rata refund of fees paid for the original
permit or to a new permit, without additional fee, at a location as
close to the original location as the standards set forth in the Code
allow. In the event the facility is not modified, removed, or relocated
within said period of time, the City may cause the same to be done
at the sole cost and expense of permittee. Further, due to exigent
circumstances including those of immediate or imminent threat to the
public's health and safety, the City may modify, remove, or relocate
wireless telecommunications facilities without prior notice to the
permittee provided the permittee is notified within a reasonable period
thereafter.
18.
The permittee shall agree in writing that the permittee is aware
of, and agrees to abide by, all conditions of approval imposed by
the wireless telecommunications facility permit within 30 days of
permit issuance. The permit shall be void and of no force or effect
unless such written consent is received by the City within said thirty-day
period.
a.
In addition to the standards contained in § 13-2.19 (Encroachment Permits), no permit shall be granted for a wireless telecommunications facility unless all of the following findings are made by the director.
b.
The proposed facility has been designed and located in compliance
with all applicable provisions of this chapter.
c.
If applicable, the applicant has demonstrated its inability to locate
on existing infrastructure.
d.
The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter the public right-of-way pursuant
to state or federal law, or the applicant has entered into a franchise
agreement with the City permitting them to use the public right-of-way.
e.
The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive
means possible and supported by factual evidence and a meaningful
comparative analysis to show that all alternative locations and designs
identified in the application review process were technically infeasible
or not available.
No permit or approval granted under this chapter shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public right-of-way of the City for any purpose whatsoever.
Further, no approval shall be construed as any warranty of title.
A COW shall be permitted for the duration of an emergency declared
by the City or at the discretion of the director.
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards.
a.
Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
b.
Each permittee of a wireless telecommunications facility shall provide
the director with the name, address and twenty-four-hour local or
toll-free contact phone number of the permittee, the owner, the operator
and the agent responsible for the maintenance of the facility ("contact
information"). Contact information shall be updated within seven days
of any change.
c.
All facilities, including, but not limited to, telecommunication
towers, poles, accessory equipment, lighting, fences, walls, shields,
cabinets, artificial foliage or camouflage, and the facility site
shall be maintained in good condition, including ensuring the facilities
are reasonably free of:
1.
General dirt and grease;
2.
Chipped, faded, peeling, and cracked paint;
3.
Rust and corrosion;
4.
Cracks, dents, and discoloration;
5.
Missing, discolored or damaged artificial foliage or other camouflage;
6.
Graffiti, bills, stickers, advertisements, litter and debris;
7.
Broken and misshapen structural parts; and
8.
Any damage from any cause.
d.
All trees, foliage or other landscaping elements approved as part
of the facility shall be maintained in good condition at all times,
and the permittee, owner and operator of the facility shall be responsible
for replacing any damaged, dead or decayed landscaping. No amendment
to any approved landscaping plan may be made until it is submitted
to and approved by the director.
e.
The permittee shall replace its facilities, after obtaining all required
permits, if maintenance or repair is not sufficient to return the
facility to the condition it was in at the time of installation.
f.
Each facility shall be operated and maintained to comply with all
conditions of approval. Each owner or operator of a facility shall
routinely inspect each site to ensure compliance with the same and
the standards set forth in this chapter.
No person shall install, use or maintain any facility which
in whole or in part rests upon, in or over any public right-of-way,
when such installation, use or maintenance endangers or is reasonably
likely to endanger the safety of persons or property, or when such
site or location is used for public utility purposes, public transportation
purposes or other governmental use, or when such facility unreasonably
interferes with or unreasonably impedes the flow of pedestrian or
vehicular traffic including any legally parked or stopped vehicle,
the ingress into or egress from any residence or place of business,
the use of poles, posts, traffic signs or signals, hydrants, mailboxes,
permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
a.
A wireless telecommunications facility is considered abandoned and
shall be promptly removed as provided herein if it ceases to provide
wireless telecommunications services for 90 or more consecutive days
unless the permittee has obtained prior written approval from the
director which shall not be unreasonably denied. If there are two
or more users of a single facility, then this provision shall not
become effective until all users cease using the facility.
b.
The operator of a facility shall notify the City in writing of its
intent to abandon or cease use of a permitted site or a nonconforming
site (including unpermitted sites) within 10 days of ceasing or abandoning
use. Notwithstanding any other provision herein, the operator of the
facility shall provide written notice to the director of any discontinuation
of operations of 30 days or more.
c.
Failure to inform the director of cessation or discontinuation of
operations of any existing facility as required by this section shall
constitute a violation of any approvals and be grounds for:
1.
Litigation;
2.
Revocation or modification of the permit;
3.
Acting on any bond or other assurance required by this article or
conditions of approval of the permit;
4.
Removal of the facilities by the City in accordance with the procedures
established under this Code for abatement of a public nuisance at
the owner's expense; and/or
5.
Any other remedies permitted under this Code.
a.
Upon abandonment of the facility, the permittee, owner or operator
shall remove its wireless telecommunications facility and restore
the site to its natural condition except for retaining the landscaping
improvements and any other improvements at the discretion of the City.
Removal shall be in accordance with proper health and safety requirements
and all ordinances, rules, and regulations of the City. The facility
shall be removed from the property, at no cost or expense to the City.
b.
Failure of the permittee, owner or operator to promptly remove its
facility and restore the property within 90 days after abandonment
of the facility shall be a violation of this Code. Upon a showing
of good cause, an extension may be granted by the director where circumstances
are beyond the control of the permittee after expiration. Further
failure to abide by the timeline provided in this section shall be
grounds for:
1.
Prosecution;
2.
Acting on any security instrument required by this chapter or conditions
of approval of permit;
3.
Removal of the facilities by the City in accordance with the procedures
established under this Code for abatement of a public nuisance at
the owner's expense; and/or
4.
Any other remedies permitted under this Code.
c.
Summary removal. In the event the director or City Engineer determines
that the condition or placement of a wireless telecommunications facility
located in the public right-of-way constitutes a dangerous condition,
obstruction of the public right-of-way, or an imminent threat to public
safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the director
or City Engineer may cause the facility to be removed summarily and
immediately without advance notice or a hearing. Written notice of
the removal shall include the basis for the removal and shall be served
upon the permittee and person who owns the facility within five business
days of removal and all property removed shall be preserved for the
owner's pickup as feasible. If the owner cannot be identified following
reasonable effort, or if the owner fails to pick up the property within
60 days, the facility shall be treated as abandoned property.
d.
Removal of facilities by City. In the event the City removes a facility
in accordance with nuisance abatement procedures or summary removal,
any such removal shall be without any liability to the City for any
damage to such facility that may result from reasonable efforts of
removal. In addition to the procedures for recovering costs of nuisance
abatement, the City may collect such costs from the performance bond
posted and to the extent such costs exceed the amount of the performance
bond, collect those excess costs in accordance with this Code. Unless
otherwise provided herein, the City has no obligation to store such
facility. Neither the permittee, owner nor operator shall have any
claim if the City destroys any such facility not timely removed by
the permittee, owner or operator after notice, or removed by the City
due to exigent circumstances.
Compliance with the provisions of this chapter shall not relieve
a person from complying with any other applicable provision of this
Code. In the event of a conflict between any provision of this division
and other sections of this Code, this chapter shall control.
a.
In the event it is determined by the City Attorney that state or
federal law prohibits permitting requirements for certain wireless
telecommunications facilities, such requirement shall be deemed severable
and all remaining regulations shall remain in full force and effect.
Such a determination by the City Attorney shall be in writing with
citations to legal authority and shall be a public record. Any conditions
of approval set forth in this provision or deemed necessary by the
director shall be imposed and administered as reasonable time, place
and manner rules.
a.
Nonconforming wireless telecommunications facilities are those facilities
that do not conform to this chapter.
b.
Nonconforming wireless telecommunications facilities shall, within
10 years from the date such facility becomes nonconforming, be brought
into conformity with all requirements of this article; provided, however,
that should the owner desire to expand or modify the facility, intensify
the use, or make some other change, the owner shall comply with all
applicable provisions of this Code at such time, to the extent the
City can require such compliance under federal and state law.
c.
An aggrieved person may file an appeal to the City Council of any
decision of the director made pursuant to this section. In the event
of an appeal alleging that the ten-year amortization period is not
reasonable as applied to a particular property, the City Council may
consider the amount of investment or original cost, present actual
or depreciated value, dates of construction, amortization for tax
purposes, salvage value, remaining useful life, the length and remaining
term of the lease under which it is maintained (if any), and the harm
to the public if the structure remains standing beyond the prescribed
amortization period, and set an amortization period accordingly for
the specific property.
