A.
The
city council of the city of Rancho Mirage finds and determines that
the city is committed to protecting the public health, safety, welfare,
and environment, and that in order to meet these goals, it is necessary
that the city promote the public purposes served by this chapter and
adopt the following regulations pursuant to these findings.
B.
The
city finds that the state of California, through its California Integrated
Waste Management Act of 1989, Assembly Bill 939 (AB 939, the "Act"),
required that each local jurisdiction in the state divert 50% of discarded
materials (base year 1990, state methodology) from landfill by December
31, 2000, and thereafter maintain or exceed that diversion rate.
C.
The
city finds that every local jurisdiction, city and county in California,
including the city of Rancho Mirage faces fines up to $10,000 a day
for not meeting the above mandated goal.
D.
The
city finds that reusing and recycling construction and demolition
debris is essential to further the city's efforts to reduce waste
and comply with the goals of the Act.
E.
The
city finds that construction and demolition debris waste reduction
and recycling have been proven to reduce the amount of material that
is landfilled, has been proven to increase site and worker safety
and to be cost effective.
F.
The
city finds that the commitment to the reduction of waste and compliance
with state law requires the establishment of programs for recycling
and salvaging construction and demolition materials.
G.
The
city finds that requiring demolition and construction debris to be
recycled and reused may in some respects add modestly to the cost
of demolition and construction and in other respects may make possible
some cost recovery and cost reduction.
H.
The
city finds that, except in unusual circumstances, it is feasible and
reasonable for parties who generate debris to divert and recycle construction
and demolition debris from construction, demolition, and renovation
projects to the maximum extent feasible.
(Ord. 918 § 2, 2006)
The terms as used in this chapter shall have the following meanings:
means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever
who applies to the city for the applicable permits to undertake any
construction, demolition and/or renovation project within the city.
means the city manager or his/her designee, including an
agent acting on behalf of the city, assigned to evaluate construction
and demolition debris plans, monitor project progress, and determine
compliance or non-compliance with this chapter.
means all building, landscaping, remodeling, repair, addition, removal or demolition involving the use or disposal of designated recyclable and reusable materials as defined in Section 7.07.030.
means and includes the residual and waste building materials,
packaging and rubble resulting from construction, remodeling, repair
and demolition operations on pavements (street, curb, gutter, sidewalk
and walkways), residential structures, commercial structures and public
infrastructure improvements (dry wells, lift stations, stormwater
or sewer systems or channel linings) and other structures. "Construction
and demolition debris" includes, but is not limited to, the following
items:
Components of the building or structure or improvement that
is the subject of the construction work including, but not limited
to, lumber and wood, gypsum wallboard, glass, metal, roofing material,
tile, carpeting and floor coverings, window coverings, plastic pipe,
concrete, fully cured asphalt, heating, ventilating, and air conditioning
systems and their components, lighting fixtures, appliances, equipment,
furnishings, and plumbing fixtures;
Tools and building materials utilized in the course of the construction
work including material generated at construction trailers, such as
blueprints, plans, and other similar wastes;
Cardboard and other packaging materials derived from materials
installed in or applied to the building or structure or from tools
and equipment used in the course of the construction work; and
Plant materials resulting from construction work when commingled
with dirt, rock, inert debris or construction and demolition debris.
means a plan required to be submitted by applicant to city
for approval for the purpose of demonstrating compliance with the
requirements of this chapter.
means any person or entity holding, or required to hold,
a contractor's license of any type under the laws of the state of
California, or who performs (whether as contractor, subcontractor
or owner-builder) any construction, remodeling, repair and demolition
operations on pavements, residential and commercial buildings and
other structures in the city.
means a construction, demolition, addition, alteration, repair
and remodel project within the city requiring a building or demolition
permit or a landscaping project requiring a development permit or
a grading project requiring a grading permit.
means the decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
means redirection of material that would previously be disposed
into the landfill. Appropriate diversion methods include transfer
of materials to licensed recycling facilities, approved on-site re-use
techniques, and other waste minimization methods approved by the compliance
official.
means projects described by the criteria outlined in Section 7.07.050 that are exempt from the requirements of this chapter.
means approved processing facility by city, county, state,
or federal government
means projects that are not described by the definition of
"covered projects."
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become landfilled
solid waste, and returning these materials to the economic mainstream
in the form of raw material for new, reused, or reconstituted products
that meet the quality standards necessary to be used in the market-place.
means any change, addition, or modification to an existing
structure.
means standards that apply to the construction of residential
development.
means further or repeated use of construction and demolition
debris.
means the controlled removal of construction and demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
(Ord. 918 § 2, 2006)
A.
Recyclable
and reusable materials include, but are not limited to, the following:
1.
Appliances
including, but not limited to ovens, stoves, refrigerators, freezers,
water heaters, air conditioners, evaporative coolers, washers, dryers,
lighting and mechanical equipment;
2.
Cardboard
containers and materials;
3.
Drywall
and plaster materials including drywall, gypsum, and sheetrock;
4.
Plant
materials, which includes tree trimmings, grass, leaves, roots, branches
and palm trees to include their fronds and root balls;
5.
Masonry
building materials, including but not limited to, all products generally
used in construction (concrete, rock, stone, stucco, brick and the
like);
6.
All
metals including, but not limited to, ferrous (steel, stainless steel,
steel piping, roofing, and flashing) and non-ferrous (aluminum, copper,
and brass);
7.
Paving
materials including asphalt, brick, concrete, paver blocks and the
like;
8.
Roofing
materials including wood shingles as well as asphalt, stone, concrete,
metal, roof tiles and slate based roofing material;
9.
Salvageable
materials including, but not limited to wallboard, door and window
frames, doors, windows, plumbing or electrical fixtures, toilets,
sinks, bathtubs and mechanical equipment;
10.
Wood waste includes any and all dimensional lumber, fencing or construction
wood that is not chemically treated, creosoted, CCA pressure treated,
contaminated or painted; and
11.
Any other construction and demolition debris that is non-hazardous
and for which an economically feasible market exists.
(Ord. 918 § 2, 2006)
B.
It shall
be the responsibility of the owner, the general contractor and all
subcontractors to divert from the landfill all recyclable, reusable
and salvageable debris to the maximum extent feasible and as required
in the construction and demolition debris plan. On-going compliance
with this section is a condition precedent to issuance of any covered
project's permit. For purposes of this section, permit shall include
required permits for development, building, demolition, or grading.
Salvaged materials may be given or sold on the premises, or may be
removed to a reuse warehouse facility for storage or later sale.
(Ord. 918 § 2, 2006)
A.
The
compliance official may determine that a covered project is exempt
if one of the following criteria is met:
1.
Work
for which a permit is not required;
2.
Roofing
projects that do not include tear-off of existing roof or some portion
thereof;
3.
Remodels,
alterations, or additions with total area less than five hundred square
feet;
4.
Work
for which only a plumbing, only an electrical, or only a mechanical
permit is required;
5.
Seismic
tie-down installation; or
6.
Installation
of pre-fabricated patio enclosures or accessories such as signs or
antennas where no structural building modifications are required to
complete the entire project.
(Ord. 918 § 2, 2006)
A.
Prior
to starting the covered project, every applicant shall submit a properly
completed "construction and demolition debris plan" ("construction
and demolition debris plan") to the compliance official, in a form
as prescribed by that official, prior to initiating the development,
building, demolition, or grading permit process.
B.
It is
the responsibility of the owner, contractor, or subcontractor to divert
waste generated by a covered project to the maximum extent feasible,
and to remain in compliance with the requirements of this chapter
until termination of the construction and demolition debris plan and
completion of the project.
C.
Approval
of the construction and demolition debris plan as complete and accurate
shall be a condition precedent to the issuance of any development,
building, grading or demolition permit for the covered project.
D.
Approval
of the construction and demolition debris plan shall not be required
where emergency demolition is required to protect public health or
safety.
E.
A construction
and demolition debris plan shall be approved or denied no later than
fifteen business days after a complete application is made. The compliance
official shall only approve the construction and demolition debris
plan if he or she determines all of the following conditions have
been met:
1.
The
construction and demolition debris plan provides all of the information
set forth in this section, or as otherwise prescribed in writing from
time to time by the compliance official, under terms that conform
to this chapter; and
F.
If the compliance official determines that the construction and demolition debris plan is incomplete or fails to conclusively demonstrate that the diversion requirements of Section 7.07.040 will be met, he or she shall either:
1.
Return
the construction and demolition debris plan to the applicant marked
"disapproved", including a written statement of reasons, and will
notify the building department, which shall then immediately stop
processing the development, building, grading or demolition permit
application; or
2.
Return
the construction and demolition debris plan to the applicant marked
"further explanation required," with a written statement of the nature
of explanation to be submitted.
(Ord. 918 § 2, 2006)
A.
To the
extent practical, as determined by the compliance official, all construction
and demolition debris, whether landfilled or diverted, shall be weighed
in compliance with all regulatory requirements in effect at the time
relating to accuracy and maintenance of weighing equipment. For construction
and demolition debris for which weighing is not practical due to small
size or other considerations, a volumetric measurement shall be used.
For conversion of volumetric measurements to weight, the applicant
shall use the standardized conversion rates approved by the city for
this purpose.
B.
Throughout
the duration of the project, the applicant is required to periodically
submit documentation to the compliance official that demonstrates
compliance with the diversion and reporting requirements of this chapter.
The documentation shall consist of bi-weekly updates showing waste
generated tonnage data, total tonnage, tonnage diverted, and tonnage
landfilled supported by original or certified photocopies of receipts,
weight tags or tickets or other records of volume or weight measurement
from recycling companies, deconstruction contractors, and/or disposal
companies or haulers or the landfill where disposed. Receipts and
weight tags or tickets will be used to verify whether waste generated
from the covered project has been recycled, reused, salvaged or landfilled.
The applicant shall make all reasonable efforts to ensure that all
recycled, reused, salvaged or landfilled waste is measured and recorded
using the most accurate method of measurement available.
C.
If the
applicant fails to complete this requirement, the compliance official
shall:
(Ord. 918 § 2, 2006)
To the maximum extent feasible, waste generated from a covered
project shall be separated on-site. For construction and/or demolition
projects, on-site separation shall include salvageable materials (e.g.,
appliances, fixtures, plumbing, metals, etc.) and dimensional lumber,
wallboard, concrete and corrugated cardboard.
(Ord. 918 § 2, 2006)
A.
Prior to commencing demolition or construction, an applicant wishing relief may seek an exception, partial or complete, from the requirements of this chapter through the process described in this section. This section is supplemental to Section 7.07.050 insofar as it exempts the applicant from compliance with Section 7.07.040 under appropriate circumstances. However, the exception procedure involves the exercise of discretion by the compliance officer for projects that would otherwise, from their nature and size, fall within the requirements of this chapter.
B.
This
exception process shall be initiated by the filing of an exception
application with the compliance official. The compliance official
shall determine the completeness of the exception application within
five business days of the filing of the application.
C.
Following
consideration of the exception application, the compliance official
shall either make the required findings and take action on the application
or shall state why the findings cannot be made and deny the application.
A decision on the application shall be rendered within ten business
days following determination that the application is complete.
D.
All
of the following findings must be made prior to the approval of an
exception:
1.
There
are exceptional or extraordinary circumstances or conditions applicable
to the project that do not apply generally to similar projects;
2.
Granting
the application will not constitute a grant of special privilege inconsistent
with limitations imposed on like projects; and
3.
Cost
to the applicant of strict compliance with this chapter is not the
primary reason for granting the exception.
(Ord. 918 § 2, 2006)
A.
An applicant
may appeal any of the following determinations of the compliance official
by filing a complete and proper appeal with the compliance official
pursuant to this section:
1.
That the applicant has failed to remain in compliance with the diversion requirements of Section 7.07.040;
2.
That the applicant has failed to remain in compliance with the reporting requirements of Section 7.07.070;
3.
That the applicant has failed to remain in compliance with the construction and demolition debris plan as required by Section 7.07.060;
B.
All
appeals filed pursuant to this section shall be in writing and shall
contain the following information:
1.
Name(s)
of each appellant and their legal or equitable interest in the appeal;
2.
A
brief statement in ordinary and concise language of the specific items
protested, together with any material facts claimed to support the
contentions of the appellant;
3.
A
brief statement in ordinary and concise language of the relief sought
and the reasons why the compliance official's determination should
be reversed, modified or otherwise set aside; and
4.
The
signatures of all parties named as appellants and their official mailing
addresses.
C.
A complete
and proper appeal as described in this section shall be filed with
the compliance official within ten calendar days from the date of
completion of service of the compliance official's written determination.
Notice that is personally served is deemed completed at the time of
such personal service. Notice that is served by mail is deemed completed
on the date said notice is deposited in the mail. Any appeal not timely
filed shall be rejected.
D.
A filing
fee as established by city council resolution or any amendments thereto
for an appeal filed pursuant to this section must be paid to the city
at or prior to the time of the filing of such appeal. Any appeal filed
without payment of the filing fee shall be deemed incomplete.
E.
Not
later than five calendar days from the date the appeal is filed, the
compliance official or his or her designee shall determine whether
the appeal is complete. If the appeal is determined to be incomplete,
the compliance official or his or her designee shall immediately mail
to the appellant a notice of incomplete filing that shall provide
a written explanation of each reason why the appeal has been determined
to be incomplete. If service of the notice of incomplete filing is
completed within five calendar days from the date the appeal is filed,
the ten-day time period within which to file a completed appeal shall
not be extended.
F.
Failure
to timely and properly file an appeal pursuant to this section shall
constitute a waiver of all rights to an administrative appeal hearing
and adjudication of the compliance official's determination, which
shall be deemed final on the date that service of the notice of said
determination is deemed completed pursuant to this section.
G.
Timely and properly filed appeals shall be conducted before an administrative hearing officer in accordance with the provisions of Chapter 14.130 of this code.
H.
Enforcement
of the appealed determination shall be stayed during the pendency
of a timely and properly filed appeal conducted pursuant to this section.
(Ord. 918 § 2, 2006)
A violation of this chapter by any person responsible for committing, causing or maintaining such violation, shall constitute a public nuisance which shall be subject to the provisions of Chapter 14.60, including but not limited to the imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.
(Ord. 918 § 2, 2006)
A violation of this chapter by any person responsible for committing, causing or maintaining such violation, shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 14.100, including but not limited to the imposition of any and all criminal penalties set forth therein.
(Ord. 918 § 2, 2006)
Any person convicted of an infraction shall, for each violation
of this chapter, be subject to: (a) a fine in an amount not to exceed
two hundred fifty dollars for a first conviction of an offense; (b)
a fine in an amount not to exceed five hundred dollars for a second
conviction of the same offense within a twelve-month period of the
date of the first offense; and (c) a fine in an amount not to exceed
seven hundred fifty dollars for the third conviction of the same offense
within a twelve-month period of the date of the first offense. The
fine for a fourth and subsequent convictions of the same offense within
a twelve-month period of the date of the first offense shall be one
thousand dollars.
(Ord. 918 § 2, 2006)
In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 14.80, to any person responsible for committing, causing or maintaining a violation of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.
(Ord. 918 § 2, 2006)
Any person issued an administrative citation for violating this
chapter shall, for each separate violation, be subject to: (a) an
administrative fine in an amount not to exceed one hundred dollars
for the first citation; (b) an administrative fine in an amount not
to exceed two hundred fifty dollars for a second citation issued for
the same offense within a twelve-month period of the date of the first
offense; and (c) a fine in an amount not to exceed five hundred dollars
for a third and any subsequent citation issued for the same offense
within a twelve-month period of the date of the first offense.
(Ord. 918 § 2, 2006)
A violation of this chapter by the holder of any valid city permit and/or city license pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 14.170.
(Ord. 918 § 2, 2006)
A.
Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 14.180, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of a stop work order and injunctive relief.
B.
In addition
to the above, failure to correct any condition indicated in a notice
of violation will permit the city to initiate one or more of the following
actions where appropriate:
2.
Refusal
to issue future permits until applicant has adequately demonstrated
compliance with the notice of violation; and
3.
Immediate
stop to the processing of all pending development, building, grading,
or demolition permits until applicant has adequately demonstrated
compliance with the notice of violation.
(Ord. 918 § 2, 2006)
