The terms as used in this chapter shall have the following meanings:
"Applicant"
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.
"Compliance official"
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.
"Construction"
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.
"Construction and demolition debris"
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:
1.
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;
2.
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;
3.
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
4.
Plant materials resulting from construction work when commingled
with dirt, rock, inert debris or construction and demolition debris.
"Contractor"
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.
"Covered project"
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.
"Demolition"
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.
"Diversion"
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.
"Exempt"
means projects described by the criteria outlined in Section
7.07.050 that are exempt from the requirements of this chapter.
"Recycling"
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.
"Renovation"
means any change, addition, or modification to an existing
structure.
"Reuse"
means further or repeated use of construction and demolition
debris.
"Salvage"
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)
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 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)