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HomeMy WebLinkAboutOrd. No. 1985-741ORDINANCE NO. 741 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PROVIDING FOR A COMPREHENSIVE PLAN OF LITTER CONTROL AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: CHAPTER 8.18 Chapter 818:O10t=:'Definitions: For the purpose of this Chapter, the following definitions will apply: A. "Litter" is any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk. B. "Public Property" includes, but is not limited to, the following exterior locations: Streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water. C. "Private Property" includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: Yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities. D. "Containers" are locally-approved metal, heavy-duty paper or plastic receptacles used for the disposal and storage of solid waste. 8.18.020: It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the City of Lake Elsinore, except in containers or areas lawfully provided therefor. 8.18.030: In the prosecution charging a violation of Section 8.18.020 from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of said vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation. 8.18.040: It shall be the duty of every person distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property. 8.18.050: In the prosecution charging a violation of Chapter 8.18.060, lack of adequate covering shall in itself constitute proof a violation has been committed. 8.18.060: Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof. 8.18.070: Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations. 8.18.080: It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to 2: cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project. 8.18.090: It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof, or for transport by himself, to an authorized facility for final disposition. 8.18.100: The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at any authorized facility. 8.18.110: All residences located in any area in which collection is by the City or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections. 8.18.120: All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of by free or free-payment bulk collection service, self-transport of such items to end-disposal facilities or by collection for recycling. 8.18.130: Containers shall be kept covered at all times. 8.18.140: Any container which does not conform to the prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the City or approved contractor. Failure to do so within five (5) days of such notification shall constitute a violation of this section. 3. 8.18.150: It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. 8.18.160: Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the City and the approved contractor. 8.18.170: No approval of occupancy shall be permitted for said premises until approval, by the City, of these facilities has been obtained. 8.18.180: It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points. 8.18.190: Owners, agents, occupants or lessees whose properties face on municipal sidewalks and parkways shall be responsible for keeping those sidewalks, parkways and alleys free of litter. 8.18.200: It shall be unlawful to sweep or push litter from sidewalks and parkways into streets. Sidewalk and parkway sweeping must be picked up and put into household or commercial solid waste containers. 8.18.210: It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any premises. in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon: i j ~ (1) Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial 4. construction for a period of time in excess of 12 months; (2) Unpainted buildings causing dry rot, warping and termite infestation; (3) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; (4) Overgrown vegetation causing detriment to neighboring properties; (5) Dead trees, weeds and debris: (a) Constituting unsightly appearance, or (b) Dangerous to public safety and welfare; (6) Inoperable or abandoned motor vehicles stored on the premises visible from ground level from the public street or neighboring properties. All of the provisions of Sections 22660 through 22671 of the California Vehicle Code are hereby adopted by reference as a part of this Ordinance and provisions of Section 22660 through 22671, the provisions of Sections 22660 through 22671 shall prevail; (7) Attractive nuisances dangerous to children in the form of: (a) Abandoned and broken equipment, (b) Hazardous pools, ponds and excavations, and (c) Neglected machinery; (8) Broken or discarded furniture and household equipment in yard area; (9) Clothes lines in front yard areas; (10) Garbage cans stored in front or side yards and visible from public streets; (11) Packing boxes and other debris stored in yards and `~ visible from public streets for unreasonable periods; (12) Neglect of premises causing a detrimental affect upon the enjoyment or use of neighboring property; 5. (13) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; (14) Property including but not limited to building ~~ exteriors which are maintained in such condition as - to become so defective, unsightly, or in such condition of deterioration of disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: (a) lumber, junk, trash or debris, (b) abandoned, discarded or unused items of equipment such as furniture, stoves refrigerators, freezers, cans or containers, c (c) stagnant water, or excavations, (d) any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location; (15) Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties. ' 8.18.220: The City Code Enforcement Officer and the Riverside County Sheriff's Department are jointly empowered to ~' enforce the provisions of this ordinance. 8.18.230: Any person, firm, or corporation violating any provision of this Ordinance shall be guilty of an infraction. 6. Penalties shall be those specified from time to time by resolution of the City Council of the City of Lake Elsinore. 8.18.240: Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation. 8.18.250: Zf any provision of this Ordinance, or any section thereof, in any circumstances is held invalid, the validity of the remainder of the Ordinance and the application of any of the other provisions or sections shall not be affected. INTRODUCED AND PASSED UPON FIRST READING THIS 72th DAY OF March 1985, upon the following roll call vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS 26th day of March 1985, upon the following roll call vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALENZUELA ABSTAIN: COUNCILMEMBERS: NONE C~~~i U Arta Valenzuela, Mar City of Lake Elsin ATTEST: Ann Money,'City C1 c ~ APPROVED AS TO ORM: '.~ ~~...~1~„ C~it~ Attorney 7. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Ploney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on March 12, 1985 and had its second reading on March 26. 1985 and was passed by the following vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ANN P10NEY, CITY CLERK TY OF LAKE ELSINORE (SFAI.) STATE OF CALIFORNIA COUNTY OF RIVERSIDE I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 741 of said Council, and that the same has not been amended or repealed. DATED: March 27, 1985 U ~ ~, ANN MONEY, CITY C ERK TY OF LAKE ELSINORE (SEAL)