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HomeMy WebLinkAboutCity Council Agenda Item No. 12t T~' ~ ~ ,,,ri,,. D~~~ ~T~~~~ REPORT To CITY COUNCIL To: I~oNORAB~E MAYOR AND MEMBERS OF THE CITY COUNCLI. FROM: PAT KILROY INTERIM CITY MANAGER DATE: APRIL 10, 2012 RE: ORDINANCE ADDING CHAPTER 5.34 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING UNATTENDED DONATION BOXES Background City Code Enforcement staff has received complaints concerning the accumulation of trash and debris and other items at clothing donation boxes. Recently, there has been a noticeable proliferation of clothing donation boxes throughout the City. Last month, Commissioner Renee Cummings of the PSAC provided the attached photographs of accumulated debris next to two donation boxes along Riverside Drive. While Code Enforcement contacted the owner of the boxes and the boxes were removed from the public right of way, there is no provision in the City's Municipal Code regulating donation boxes. Donation boxes can create conditions that negatively impact the overall health, general welfare, safety and aesthetics of the City. They can be placed in inappropriate or illegal locations such as the middle of parking lots, City right-of-ways or required yard setbacks. Moreover, donated items are often times not collected on a regular basis and as a result the bins overflow with items scattered on the ground. In addition, the boxes themselves frequently become a target for scavengers and for illegal dumping, causing additional issues for property owners who may not have consented to the boxes in the first place. Discussion The attached ordinance creates a permitting process for the boxes and sets maintenance standards. The primary provisions include: • A permit issued by the City must be obtained before placing a donation box on property; AGENDA ITEM N0.12 Page 1 of 10 ORDINANCE ADDING CH. 5.34 CONCERNING DONATION BOXES April 10, 2012 Page 2 • The permit application requires proof that the operator is a non-prafit qualified to solicit donations of salvageable personal property pursuant to Welfare and Institutions Code section 148.3; • The physical address of the donation box and proof of consent by the property owner is required; • Boxes shall be maintained in good condition; • Boxes shall include contact information on the exterior of the box; • Boxes shall be serviced and emptied at least every fourteen X14) days; • Boxes shall be no more than 82 inches high, 56 inches wide and forty-nine 49 inches deep; • Permittee shall maintain the area surrounding the unattended donation box~es~ free of any junk, debris or other material and shall be responsible to the extent provided bylaw for the cost to abate any violation; • Boxes cannot be placed in any residential district or on any vacant parcel; • Boxes must be at least four hundred X400) feet apart and only one box is allowed for each parcel. The permit to locate a box is issued by the City. The City Manager can revoke a permit for failure to comply with the ordinance. Fiscal Impact There are no immediate fiscal impacts to the General Fund. The ordinance includes the ability of the City Council to set fees to recoup the costs of processing the applications. The ordinance does require that the operator be anon-profit which may factor into the City Council's evaluation of the proper fee. If the ordinance is approved for introduction this evening, City staff will provide follow-up cost recovery information to the City Council with the second reading of the ordinance. Recommendation Waive further reading and introduce by title only Ordinance No. adding Chapter 5.34 to the Lake Elsinore Municipal Code relating to unattended donation boxes. Page 2 of 10 ORDINANCE ADDING CH. 5.34 CONCERNING DONATION BOXES April 10, 2012 Page 3 Prepared by: Warren Morelion, AICP Acting Director of Community Development Barbara Leibold City Attorney Approved by: Pat Kilroy Interim City Manager Attachments: 1. Photographs 2. Ordinance Page 3 of 1 ~ _ . t r~r~; F f na i r ~ u~ i s * Y w x 3, ~ ~ fJ _~w,xG,.. t, . ~ - KK - y,. .f~ ~ 4 ~ a I,~~~ ~,~,j r: ~ ~ ~ y r. ~ ~~y: 4~ ` 4~ b h 4 r ;w, 'dl F ~'YC ~ ^"°474'-. ~.i ) ~„Mf'rHtNr;. S ' ~d~ ~ ~~~9~ ~ iv T ,r.._ a~. ~ x _ p,C;~~...-.. c ~ w 4. v .,x.. Page 4 of 10 OR[~INANCE NO.2012-1302 AN ORI3INANCE OF THE CITY COUNCIL OF THE CITY OF LADE ELSINORE, CALIFORNIA, A3CING CHAPTER 5.34 TO THE LAKE ELSINORE MUNICIPAL COLE CONCERNING REGULATION OF UNATTENCED DONATION BOXES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOIS; SECTION 1. That Chapter 5.34 of the Lake Elsinore f~unicipal Code is hereby added as follows: C#aapter 5.34 Regulation Of Unattended Donation Saxes 5.34.010 Definitions. "City manager" means the city manager of the City of Lake Elsinore or designee. "operator" means a person who utilizes or maintains unattended donation bones} to solicit donations of salvageable personal property. "Permittee" means the property owner andlor operator who is issued a permit authorizing placement of unattended donation boxes}. "Property owner" means the person who owns the real property where the unattended donation bones} are or are proposed to be located. "Residential district" means R--R, R-R, R-E, R-H, R-1, R-2, R-3, and IUIC zoning districts as established pursuant to Title ~7 of this code. "Unattended donation box" means any unattended container, bin, box, or similar receptacle that is located on any lot within the city and that is used for soliciting and collecting donations of clothing or other salvageable personal propel. This term does not include recycle bins for the collection of recyclable material governed or regulated by the zoning code or any unattended donation box located within a building. 5.34.420 Permits. A. It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter Page 5 ©f 14 Ordinance No. 2012-1302 Page 2 of 6 and the 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 city clerk and shall include the fallowing information: 1. The name, address, email, website cif available} and telephone number of the applicant; 2. Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageatle personal propel pursuant to California Welfare and Institutions Cade Section 148.3, as amended; 3. The text of the disclosures that will be made an the unattended donation box as required by Section 5.34.©4g{A}~3~; and 4. The physical address of the property owner's real propel, and a drawing sufficient to indicate the proposed loco#on of the unattended donation box on the property owner's real property and the size of the proposed unattended donation box; 5. if the applicant is not the property owner of the real property, the application shall also include the signed written consent of the property owner. C. Each application shall be accompanied by a nonrefundable fee in the amount established by resolution of 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 city clerk. F. The city shall not issue a permit unless: 1. The applicant has submi#ted a complete and accurate application accompanied by the applicable fee; 2. The operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended; 3. The proposed location of the unattended donation box on the property owner's real property is in compliance with all applicable laws. G. If the city denies an application, the specific reasons for the denial shall be provided in writing. Page 6 of 10 t~rdinance No. 2012-1302 Page 3 0 6 N. The term o the permit shall expire one year from the date of issuance. 1. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person. J. Prior to expiration of the permit, the permittee may voluntarily cancel the permit. by notifying the city clerk in writing of the intent to cancel the permit. 5.34.430 Renewal ©f permits. The city shall approve the renewal of a permit upon the submission of a renewal application fee in an amount set by resolution, and so long as the city manager 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 5.34.020 or that would justify the revocation of the permit as specified in section 5.34.050. 5.34.444 Requirements and main#enanoe. A. A permittee shat! operate and maintain or cause to be operated and maintained all unattended donation bones locates in the city as follows. ~ . Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, boles, 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. Unattended donation boxes shall be serviced and emptied as needed, but at least every fourteen {14~ days; 5. Unattended donation boxes shall be no more than eighty-two (82) inches high, fib-six {56} inches wide and forty-nine {49) inches deep. B. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation box{es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. Page 7 of 10 ordinance No. 212-1302 Page 4 of 6 C. Notwithstanding any other provision of this chapter, it is unlawful for any person to place an unattended donation box in any residential district or on any vacant parcel. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box less than four hundred (400} feet from any other unattended donation box. E. Notwithstanding any other provision of this chapter, it is unlawful to locate more than one unattended donation box on each parcel of real property. F. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box on required parking spaces. 5.34.fl~~ Revocation of permit, removal of unattended donation bones and l~~tbility. The city manager shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon ►hich he or s~ may refuse to issue an initial permit shall also constitute grounds for such revt~cation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this chapter or other law shall also constitute grounds for revocation of the permit. The city manager shal'I provide a written notification to the permittee stating the speck grounds for revocation. l~pon revocation, the unattended donation box shall be removed from the permittee's real property within thirty X30) days and if not removed within this time period, the city may remove, store and dispose of the unattended donation box at the expense of the permittee, lJpon revocation, a permittee shall be prohibited from applying for a permit for a p rind of one year. sECTIO~ if any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance and are hereby declared to be severable. SECTION 3. This ordinance shall take effect thirty X30} days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and pasted in the manner required by law. Page 8 of 1fl ordinance No. 2032-1302 Page 5 of ~ PASSE, APPROVE, A~L~ INTRC3DUCED a# a regular mee#ing of the City Council of the City of Lake Elsinore, California, on the 10t~ day of April, Zoe 2, and adop#ed at a regular mee#ing of the City Council of the City of Lake Elsinore, California, on the 24#~ day of April, Zo12. Brian Tisdale, Mayor City of 1_ake Elsinore City Council ATTEST: Virginia Bloom, City Clerk APPROVES AS To ~o~t~: Barbara Leibold, Ci#y Attorney Page 9 of 10 Ordinance No. 2012-1302 Page 0 of 0 ST~►T~ of CALIFORNIA } C~►INTY of ~I1/EF~ICE ~ ss CITY of LADE L~IIC}F~E } 1, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordnance No. 2012- was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 10t~ day of April, 2012, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 2~4t" day of April, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Virginia Bloom, CMC City Clerk Page 10 of 10