The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended collection containers. This includes establishing criteria to ensure that the unattended collection containers are free from the accumulation of debris, graffiti and blight, while also ensuring that unattended collection containers are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the unattended collection containers so that they can be contacted if there are any blight-related questions or concerns.
(Ord. 1931 § 9, 2018)
A. 
Failure to comply with any of the provisions of this chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and shall be abated by the Development Services Director or designee in accordance with the provisions of this Code. The real property owner and operator shall be jointly and severally liable for each violation and for payment of any fine and the costs of abatement.
B. 
In addition to the penalty provided in this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.
C. 
Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this chapter.
(Ord. 1931 § 9, 2018)
The parcel owner and the unattended collection container operator have joint and several liability for nuisance and blight related conditions and/or compliance with this chapter, including fees, administrative citations, civil actions, and/or legal remedies relating to an unattended collection container. The parcel owner remains liable for any violation of duties imposed by this chapter even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this chapter.
(Ord. 1931 § 9, 2018)
"Accessory activity"
means an activity that is incidental to, and customarily associated with, a specified principal activity.
"Agent"
means a person who is authorized by the parcel owner to act on his or her behalf to register an unattended collection container. To be considered an agent, a person must be given express written authorization from the parcel owner to specifically register an unattended collection container. For the purpose of this chapter, a person who is only given general authorization to act on the behalf of a parcel owner for various activities and transactions in regards to a property is not considered an agent.
"Blight" or "nuisance"
means the conditions as set forth in California Health and Safety Code Section 33030 and Upland Municipal Code Section 8.12.010, respectively.
"Principal activity"
means an activity that fulfills a primary function of an establishment, institution, household, or other entity.
"Principal building"
means a main building that is occupied by a principal activity.
"Unattended collection container"
means any unstaffed drop-off box, container, receptacle, or similar facility located on any real property in the City and that accepts textiles, clothing, shoes, household items, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.
"Unattended collection container operator" or "operator"
means a person or entity that utilizes or maintains an unattended collection container to solicit donations/collections of salvageable personal property.
(Ord. 1931 § 9, 2018)
It is unlawful to place, operate, maintain, or allow an unattended collection container on any real property unless the parcel owner/agent and/or operator has registered the unattended collection container with the City. A parcel owner/agent and/or operator must individually register each unattended collection container unless a second unattended collection container is required for overflow items per Section 17.35.1.060(B)(5). A prospective operator or parcel owner/agent shall register an unattended collection container using a form provided by the City. All registrations shall be filed with the Development Services Department, Planning Division and shall include:
A. 
The name, address, email, website (if available) and telephone number of the unattended collection container operator and parcel owner, including 24-hour contact information;
B. 
A certification signed by both the parcel owner and operator attesting that: the parcel owner and operator will abide by all the processes and requirements described in this chapter; the parcel owner expressly agrees to allow placement of the unattended collection container; and acknowledging that the parcel owner and the operator share joint and several liability for violations of conditions, regulations, and/or blight relating to the unattended collection container;
C. 
A non-refundable registration fee in an amount set by the City Council and posted on the Master Fee Schedule;
D. 
Proof of general liability insurance of at least $1,000,000.00 covering the registrant's unattended collection container and naming the City of Upland as an additional insured;
E. 
For nonprofit operators, or operators working on behalf of a nonprofit organization, evidence that the nonprofit has been registered as a nonprofit organization with the City of Upland, is recognized by the Internal Revenue Service as such, and complies with California Welfare and Institutions Code Section 148 et seq., as it may be amended;
F. 
For other for-profit operators, proof of an active business tax certificate with the City of Upland.
(Ord. 1931 § 9, 2018)
A. 
Physical Attributes. All unattended collection containers shall:
1. 
Be fabricated of durable and waterproof materials;
2. 
Be placed on ground that is paved with durable cement or asphalt;
3. 
Be tamper-resistant, locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents. Collection containers shall be equipped with a safety chute to limit the publics' access to the container;
4. 
Be no more than 82 inches high, 60 inches wide and 50 inches deep;
5. 
Not be electrically or hydraulically powered or otherwise mechanized;
6. 
Not be a fixture of the site or considered an improvement to real property; and
7. 
Have the following information conspicuously displayed in at least two-inch type visible from the front on the unattended collection container:
a. 
The name, address, 24-hour telephone number, and, if available, the Internet web address, and email address of the operator of the unattended collection container and the parcel owner/owner agent,
b. 
Instructions on the process to register a complaint regarding the unattended collection container to the City Code Enforcement Division,
c. 
The type of material(s) that may be deposited,
d. 
A notice stating that no material shall be left outside the unattended collection containers,
e. 
The pickup schedule for the unattended collection containers,
f. 
If the unattended collection container is owned by or operated on behalf of a nonprofit organization:
i. 
A statement describing the charitable cause that will benefit from the donations,
ii. 
The Federal Tax identification number of the nonprofit organization associated with the unattended collection container, and
iii. 
The statement "This collection box is operated by or on behalf of a nonprofit organization,"
g. 
If the unattended collection container is owned by a for-profit entity other than a for-profit organization operating on behalf of a nonprofit organization:
i. 
"This donation is not tax deductible," and
ii. 
"This collection box is owned and operated by a for-profit organization,"
h. 
The parcel containing the unattended collection container shall display a sign with text in at least two-inch typeface stating that no material shall be left outside the unattended collection container. This sign shall be installed at a visually conspicuous location within a radius of 20 feet from the unattended collection container.
B. 
Location Standards.
1. 
No unattended collection container shall be located within 1,000 feet from any other unattended collection container, except those described in subsection (B)(5). Refer to the Permitted Use tables for each zone as provided in Part 2 (Zoning districts, Land Uses, and Development Standards) to determine whether unattended collection containers are permitted within a respective zone.
2. 
An unattended collection container is only permitted on a lot that also contains a principal building that contains at least one operating business, occupied residential unit, or other ongoing activity.
3. 
Unattended collection containers are prohibited in any of the following locations:
a. 
Within the public right-of-way and 20 feet of the public right-of-way;
b. 
Within five feet from any property line; or
c. 
On any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days.
4. 
Unattended collection containers shall not be located in, encroach upon, block or impede access to: designated fire lanes; building ingress or egress; an access drive; off-street parking lot maneuvering lanes; required off-street parking spaces; pedestrian routes; emergency vehicle routes; required disabled access routes; required easements; trash enclosure areas or access to trash bins or trash enclosures; and any place that would impede the functioning of exhaust, ventilation or fire extinguishing systems.
5. 
No more than one unattended collection container is permitted per parcel unless documented evidence is submitted to the Director that a second bin is required due to the volume of items delivered to the site. An unattended collection container must be operating at a site for at least 90 days in order to establish that a second bin is required. Both unattended collection containers shall have the same operator. A fee is required to register this second bin.
6. 
The donation/collection area must be visible from the principal building and be no more than 10 feet from a continually operating light source of at least one foot-candle.
C. 
Maintenance Requirements.
1. 
No blight or nuisance conditions shall be present within 20 feet of the unattended collection container including, but not limited to, donation/collection overflow, litter, debris, and dumped material.
2. 
Unattended collection containers shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
3. 
Unattended collection containers shall be serviced not less than weekly-between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described this section.
4. 
The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.
5. 
Unattended collection containers cannot be used for the collection of solid waste and/or any hazardous materials.
(Ord. 1931 § 9, 2018)
Operators and/or parcel owners/agents shall maintain a minimum general liability insurance of $1,000,000.00 for the duration of the operation of an unattended collection container at each site, to cover any claims or losses due to the placement, operation, or maintenance of the unattended collection container and naming the City of Upland as additional insured.
(Ord. 1931 § 9, 2018)
Operators shall report all tonnage collected within City limits on an annual basis by June 1st of the following year to the Public Works Department pursuant to the requirements of the Integrated Waste Management Act (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016] and SB 1016, the Per Capita Disposal Measurement System) and any related successor laws or regulations in order to properly account for the City's waste diversion and recycling efforts.
(Ord. 1931 § 9, 2018)
A. 
The Development Services Director or designee shall provide a written notification to the operator and parcel owner stating the specific grounds for each violation and a demand for correction and abatement. The notice shall allow a maximum of 15 calendar days from mailing of the notice to correct or abate the violation. If the parcel owner and the operator fail to correct or abate the all violations upon the expiration of the initial 15-day period, the collection container shall be deemed a public nuisance and will be abated pursuant to Chapters 8.12 and 8.16 of the Upland Municipal Code.
B. 
Any unattended collection container scheduled to be removed by either the City or the operator shall clearly display a notice on the unattended collection container with at least four-inch type visible from the front on the unattended collection container that states the following text in capital letters: "THIS BOX WILL BE REMOVED BY" followed by the date the unattended collection container is scheduled for removal.
C. 
For unattended collection containers required to be removed by the City of Upland due to an abatement order, a removal notice shall be posted immediately after the City notifies the operator and/or parcel owner that the facility is required to be removed.
D. 
Notice that an unattended collection container will be removed by the owner or operator shall be posted at least 14 calendar days prior to the removal of the facility.
(Ord. 1931 § 9, 2018)