The improper storage and the careless disposal of junk tires
jeopardize the public health, safety and welfare of County residents
and visitors. Large numbers of these junk tires randomly placed in
buildings or fields are breeding grounds for disease-carrying insects
and animals. If large numbers of these junk tires are ignited by fire,
those fires are extremely difficult and expensive to extinguish and
the smoke from those fires presents a serious hazard to the environment.
Furthermore, large numbers of junk tires carelessly strewn about offend
the aesthetic sensibilities of the citizenry of the County.
The regulatory provisions of this chapter are necessary to insure
reasonable storage of these junk tires and thereby minimize the jeopardy
to the public health, safety and welfare.
This enactment will provide criminal penalties to those who
violate its requirements. It will also provide a means of enforcing
abatement of the nuisance caused by the unreasonable storage of large
numbers of junk tires.
This enactment does not apply to tires that do not meet the
definition of "junk tires" as set forth herein. Tires that are not
junk tires have economic value and are therefore not indiscriminately
discarded in large quantities as are junk tires. Further, while tires
other than junk tires present the same fire extinguishment problems
and environmental hazards as junk tires, they are usually stored in
a manner that minimizes these problems and hazards.
(SCC 635 § 1, 1985)
The County Director of Planning and Community Development is
charged with the responsibility of administering this chapter and
exercising the authority conferred thereby. Such authority shall include
the power and duty to issue special business licenses authorizing
junk tire storage, promulgation and enforcement of administrative
regulations and the performance and exercise of the duties and authorities
conferred herein.
To these ends, the County Director of Planning and Community Development shall be vested with the same powers and authorities in relation to junk tire storage and the issuance and administration of special business licenses therefor as are vested in the Sheriff under Chapter
4.02, Sections
4.02.070 and
4.02.085; and Chapter
4.10, Sections
4.10.025,
4.10.030, 4.10.040(a)(b) and (d), 4.10.045, 4.10.055, 4.10.060, 4.10.100, 4.10.105, 4.10.110, 4.10.115, 4.10.120 and 4.10.145 of this code. Any reference to the "Sheriff" in said sections as that reference relates to the issuance, renewal or denial of a special business license or as that reference relates to the appeal of a denial, revocation or suspension of a special business license shall be deemed a reference to the County Director of Planning and Community Development in relation to this junk tire storage ordinance.
Also to these ends, the County Director of Planning and Community
Development shall be vested with the same powers and authorities in
relation to abatement of violations of this chapter as are vested
in the Director of Public Works under Chapter 6.58 of this code.
Any reference in said Chapter to the "Director of the Department
of Public Works" shall be deemed a reference to the County Director
of Planning and Community Development in relation to abatement of
violations of this junk tire storage ordinance.
Whenever the term "Director" is used in this chapter, the term
shall mean the County Director of Planning and Community Development.
(SCC 635 § 1, 1985)
As used in this chapter, the following terms shall be ascribed
the following meanings:
a. "Premises"
means a unit of improved or unimproved land, or any portion thereof,
shown on the latest equalized County assessment roll as a parcel or
as contiguous parcels. Property shall be considered as contiguous
parcels even if separated by a utility easement or railroad right-of-way.
b. "To
store" means to leave, deposit, accumulate, abandon or discard.
c. "Storage"
means the act of storing.
d. "Junk
tire" means a not new automobile, truck or any other type of motorized
vehicle tire that is not directly attached to an operational vehicle
and does not meet the federal or State of California requirements
for used tires or recappable casings.
(SCC 635 § 1, 1985)
It is unlawful for any person to store 500 or more junk tires either inside or outside a building for any length of time on or about any one particular premises within the unincorporated area of the County which is owned, leased or in any manner utilized by that person unless the storage is under and by authority of a valid, unexpired, unrevoked and unsuspended Special Business License issued pursuant to the provisions of Chapter
4.10 and this chapter.
(SCC 635 § 1, 1985)
Notwithstanding Section
4.10.010, a person who stores 500 or more junk tires either inside or outside a building for any length of time at one or several premises throughout the unincorporated area of the County shall be required to obtain a Special Business License for each particular premises where 500 or more junk tires are stored.
(SCC 635 § 1, 1985)
Every person issued a Special Business License under the provisions
of this chapter shall keep the License posted and exhibited in a conspicuous
part of the particular premises where the 500 or more junk tires are
stored.
(SCC 635 § 1, 1985)
In addition to the information required by Section
4.10.030, an application shall contain the following:
a. All
names under which the applicant has engaged, does or proposes to engage
in junk tire storage;
b. An accurate
legal description, including assessment number, of the particular
premises where the junk tires are to be stored;
c. The
name and street address of any person with a legal ownership interest
in the particular premises where the junk tires are to be stored;
d. The
written consent of any person with a legal ownership interest in the
anticipated junk tire storage premises to the storage of junk tires
on those premises and to the requirements and obligations imposed
on these owners by this chapter. The written consent form shall be
furnished by the Director and all signatures on this form shall be
properly notarized;
e. Factual
information, as specific as possible, as to the maximum number of
junk tires expected to be stored on the particular premises at any
one time and the number of junk tires expected to be transferred onto
or off of the particular premises on a daily, weekly and monthly basis;
f. A written
statement from the Chief of the Fire Protection District with jurisdiction
over the proposed junk tire storage premises discussing in detail
any fire hazard that would be created by the storage of junk tires
on or about the particular premises; and
g. The
name and street address within Sacramento County of an individual
authorized to accept service of legal process or any notices issued
pursuant to this chapter.
(SCC 635 § 1, 1985)
The Director shall issue a Special Business License to allow
storage of junk tires unless:
a. One
or more of the findings prescribed by Section 4.10.040(a) (b) and
(d) are made; or
b. The
Director finds in writing that the use of the particular premises
for junk tire storage would not be in compliance with the Sacramento
County Zoning Code and has not been approved by the County Board of
Supervisors through any required use permit hearing process; or
c. The
Director finds in writing that based upon detailed information provided
by the Chief of the appropriate Fire Protection District or other
appropriate fire prevention experts and officials, the proposed storage
of junk tires on the particular premises would constitute a dangerous
fire hazard.
The requirements of Section 4.10.035 and Section 4.10.040(c) shall not be applicable to this chapter for issuance of a Special Business License.
|
(SCC 635 § 1, 1985)
The applicant shall report to the Director any change in the information required by Section
4.32.030 within 10 days of the effective date of the change except that the information required by Section
4.32.030(c) shall be reported immediately. An updated written consent form pursuant to Section
4.32.030(d) shall be required immediately upon a change in the information required by Section
4.32.030(c).
(SCC 635 § 1, 1985)