The purpose of this chapter is to regulate the placement of
unattended donation boxes within the city. The procedures and requirements
of this chapter are enacted to:
A.
Promote
the community's health, safety, and welfare by regulating unattended
donation boxes for clothing or other salvageable personal property
within the city;
B.
Ensure
that unattended donation boxes do not pose a hazard to pedestrian
and vehicular traffic;
C.
Ensure
that material is not allowed to accumulate outside of the unattended
donation boxes where it can be scattered by adverse weather conditions,
animal contact, or human activities; and
D.
Establish
criteria that avoid attracting vermin, unsightliness, and public health
or safety hazards.
(Ord. 12-4 § 2)
means the director of the community development department
of the city of West Sacramento or designee.
means a person, entity, association or organization that
places, maintains or operates unattended donation box(es) to solicit
donations of clothing or other salvageable personal property.
means the property owner who is issued a permit authorizing
placement of unattended donation box(es).
means the person, entity, association or organization who
owns the real property where the unattended donation box(es) is/are
proposed to be located.
includes residential zoning districts as established pursuant
to Title 17 of the West Sacramento Municipal Code, and adopted specific
plans with applicable residential zoning districts.
means any unattended container, receptacle, or similar device
that is located on any property within the city, used for soliciting
and collecting donations of clothing or other salvageable personal
property. This term does not include recycle bins for the collection
of recyclable materials governed or regulated pursuant to Title 17
of the West Sacramento Municipal Code.
(Ord. 12-4 § 2)
A.
Unless
otherwise exempt, it shall be unlawful and a public nuisance for any
property owner or operator to place, operate, maintain or allow unattended
donation boxes on real property unless the property owner first obtains
a permit pursuant to this chapter and the unattended donation box
is placed, operated, and maintained in accordance with all provisions
in this chapter.
B.
The
permit application shall be made on a form provided by the director
and shall include the following information:
1.
The
name, address, e-mail, website (if available) and telephone number
of the operator;
2.
Written
proof sufficient to establish that the operator who will utilize the
unattended donation box is qualified to solicit donations of salvageable
personal property pursuant to Section 148.3 of the California Welfare
and Institutions Code, as amended;
3.
The text of the disclosures that will be made on the unattended donation box as required in Section 8.44.050(A)(3); and
4.
The
physical address of the property owner's real property and a drawing
sufficient to indicate the proposed location of the unattended donation
box on the property owner's real property, as well as the size of
the proposed unattended donation box, and consent of the property
owner to place the unattended donation box(es) on its real property.
C.
Each
application shall be accompanied by a nonrefundable fee in the amount
established by resolution by the city council. This fee shall be in
addition to any fee or tax imposed by the city pursuant to any other
provision of this code.
D.
Applications
shall be filed with the director.
E.
Within
thirty days of receiving a completed application, the director shall
issue a permit or deny the issuance of a permit.
F.
The
director shall not issue a permit unless:
1.
The
property owner has submitted a complete and accurate application accompanied
by the applicable fee;
2.
Written
consent of the property owner is provided;
3.
The
operator who will maintain or operate the unattended donation box
is qualified to solicit donations of salvageable personal property
pursuant to Section 148.3 of the California Welfare and Institutions
Code, as amended;
4.
The
proposed location and placement of the unattended donation box on
the property owner's real property is in compliance with all applicable
laws.
G.
If the
director denies an application, the director shall provide the property
owner, in writing, the specific reasons for the denial.
H.
A permit
issued hereunder shall be valid for one unattended donation box. Each
unattended donation box shall have its own individual permit.
I.
The
term of the permit shall expire one year from the date of issuance.
J.
No person
or operator to whom a permit has been issued shall transfer, assign,
or convey such permit to another person or operator.
K.
Prior
to expiration of the permit, the permittee may voluntarily cancel
the permit by notifying the director in writing of the intent to cancel
the permit. The permit shall become void upon the director's receipt
of a written notice of intent to cancel the permit.
(Ord. 12-4 § 2)
A.
A permittee
may apply for permit renewal by submitting to the director, before
the expiration of the permit, a renewal application and a nonrefundable
renewal fee in an amount set by resolution of the city council.
B.
The
director shall either approve or deny the renewal of a permit within
thirty days of receipt of the complete renewal application and payment
of the renewal fee.
C.
The director shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal, that are inconsistent with any finding required for approval of a new permit as specified in Section 8.44.030 or that would justify the revocation of the permit as specified in Section 8.44.060.
(Ord. 12-4 § 2)
A.
The
permittee shall be responsible for operating and maintaining, or causing
to be operated and maintained, all unattended donation boxes located
in the city as follows:
1.
Unattended
donation boxes shall be maintained in good condition and appearance
with no structural damage, holes, or visible rust, and shall be free
of graffiti;
2.
Unattended
donation boxes shall be locked or otherwise secured;
3.
Unattended
donation boxes shall contain the following contact information in
two-inch type visible from the front of each unattended donation box:
the name, address, email, and phone number of both the permittee and
operator;
4.
The
permittee and operator shall place a copy of the permit in a prominent
and visible location in the front of the box in plain view for inspection
by the public and city officials;
5.
Unattended
donation boxes shall be serviced and emptied as needed, but at least
once per month, or within five business days of a request by the director;
and
6.
Unattended
donation boxes shall be no more than eighty-two inches high, fifty-six
inches wide and forty-nine inches deep.
B.
The
permittee shall be responsible for maintaining, or causing to be maintained,
the area surrounding the unattended donation boxes free of any junk,
garbage, trash, debris or other refuse material.
C.
The
permittee shall be responsible for abating and removing all junk,
garbage, trash, debris and other refuse material in the area surrounding
the unattended donation boxes within twenty-four hours of written
or verbal notice from the city.
D.
The
permittee shall be responsible for all costs for abating and removing
any junk, garbage, trash, debris and other refuse material from the
area surrounding the unattended donation boxes.
E.
It shall
be unlawful for any property owner or operator to place an unattended
donation box in any residential district.
F.
No unattended
donation box shall be placed within four hundred feet from another
unattended donation box.
G.
No unattended
donation box shall be placed on required parking spaces, required
landscaping, or within the clear vision triangle as defined in Title
17 of the West Sacramento Municipal Code.
H.
No more
than one unattended donation box shall be placed on each parcel of
real property.
(Ord. 12-4 § 2)
The director shall have the right to revoke any permit issued
hereunder if any of the grounds to refuse issuance of the initial
permit exists. In addition, the failure of the permittee to comply
with the provisions of this chapter, or other provisions of this code
or other law, shall also constitute grounds for revocation of the
permit. The director shall provide a written notification to the permittee
stating the specific grounds for revocation. Upon revocation, the
unattended donation box shall be removed from the permittee's real
property within thirty calendar days and, if not removed within this
time period, the city may remove, store and dispose of the unattended
donation box at the permittee's sole cost and expense. Upon revocation,
a permittee shall be prohibited from applying for a permit for a period
of one year.
(Ord. 12-4 § 2)
Any person aggrieved by the decision rendered by the director in granting or denying an application for a permit under this chapter or in revoking a permit issued under this chapter may appeal the decision to the hearing officer in accordance with Chapter 1.08 of the city's municipal code. The decision of the hearing officer shall be final.
(Ord. 12-4 § 2)
Any violation of the provisions of this chapter is a public nuisance and shall be subject to enforcement remedies, penalties and abatement provided by Title 19 of the West Sacramento Municipal Code. Each violation and each day is subject to separate misdemeanor violations when applying penalties.
(Ord. 12-4 § 2)
The city manager may establish reasonable fees and deposits
to defray the cost of processing applications and proposals and for
the administration of this chapter.
(Ord. 12-4 § 2)
Unattended donation boxes located entirely within the interior
of a building are exempt from the requirements of this chapter.
(Ord. 12-4 § 2)
