Chino Municipal Code Ch. 12.15 Collection Containers

The purpose and intent of this chapter is to regulate collection containers in the city in order to promote the health, safety, and general welfare of the residents and businesses within the city, and to protect the property rights of the owners of parcels on which the collection containers are located. This chapter provides minimum blight-related performance standards for the operation ofcollection containers including, but not limited to, establishing criteria to ensure that: (1) material is not allowed to accumulate outside collection containers; (2) collection containers remain free of graffiti and blight; (3) collection containers are maintained in sanitary conditions; (4) collection containers are not placed without the approval of property owners; and (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns. This chapter regulates the size, number, placement, installation, and maintenance of collection containers, as is necessary to accomplish the foregoing purposes.

(Ord. No. 2017-007, § 2, 2017.)

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

A. "Collection container" means a drop-off box, container, receptacle, trailer or similar facility that accepts textiles, shoes, books, and/or other salvageable items of personal property.

B. "Collection container permit" means a city permit to erect, place, operate, maintain, or allow a collection container on any parcel of real property within the city pursuant to the terms and conditions of this chapter and the conditions of approval for the permit.

C. "Collection container permitee" means an applicant who has applied for and has been issued a collection container permit by the city pursuant to the terms and conditions of this chapter.

D. "Operator" means a person who erects, places, operates, maintains, or allows a collection container in the city in compliance with all provisions of this chapter and all applicable federal, state, and local laws. An operator may also be the owner of the parcel of real property upon which a collection container is erected, placed, operated, maintained, or allowed.

(Ord. No. 2017-007, § 2, 2017.)

All collection containers within the city are prohibited except as expressly permitted by this chapter.

(Ord. No. 2017-007, § 2, 2017.)

Collection containers are conditionally permitted in the city only as expressly specified in this chapter.

A. No person or entity of any kind shall erect, place, operate, maintain, or allow a collection container on any parcel of real property within city limits without a collection container permit.

B. No collection container shall be located within one thousand feet of any other collection container.

C. Collection containers shall not be located in any residentially-zoned district.

D. No collection container shall be located within one thousand feet of a residentially-zoned parcel, as measured from the closest parcel line to the collection container.

E. No collection container shall be located on or within the public right-of-way (including sidewalks) or areas designated for landscaping.

F. No collection container shall block or impede vehicular or pedestrian traffic flow.

G. No collection container shall be located in, block, or impede access to any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building ingress or egress, required disabled access routes, required easements, trash enclosure areas, or any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems. No collection container shall cause any safety hazard with regard to designated fire lanes or building exits. No collection container shall reduce the number of parking spaces below the required minimum number.

H. No collection container shall be placed within the sight triangle of any intersection.

I. No more than one collection container shall be located on any parcel of real property.

J. No collection container shall be located within the designated setback space of any parcel.

K. Each collection container shall be constructed of durable and waterproof materials, such as metal, that are approved by the city manager's designee.

L. Each collection container shall be placed on ground that is paved with durable cement, and have a tamper-resistant locking mechanism for all collection openings.

M. No collection container shall be electrically or hydraulically powered or otherwise mechanized, or be considered a fixture of the site or an improvement to real property.

N. Each collection container shall be constructed to ensure it is not accessible by anyone other than those responsible for the retrieval of the contents therein.

O. Each collection container shall exhibit a permit sticker issued by the city in a conspicuous place in front of the collection container as proof of a valid collection container permit. The city will provide replacement stickers for a fee as provided in the current Comprehensive Fee Schedule codified in Appendix I of this code should the original sticker become damaged, fall off, or disappear.

P. Collection containers shall not exceed six feet in height when measured from the ground to the top of the collection container.

Q. Collection containers shall not exceed six feet in width or six feet in depth.

R. Collection containers shall have the following information conspicuously displayed in at least four-inch type visible on all sides of the collection container:

1. The name, address, twenty-four-hour telephone number, and (if available) the Internet Web address and email address of both the operator of the collection container and the owner or agent of the owner of the parcel of real property on which the collection container is located.

2. The type of material that may be deposited in the collection container.

3. A notice stating that no material shall be left outside the collection container.

S. No overflow collection items, litter, debris, or dumped materials shall be allowed to accumulate within ten feet of any collection container.

T. Collection containers shall be properly maintained and kept in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

U. Collection containers shall not adversely affect the health or safety of the community or nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other nuisances, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

V. Collection containers shall be serviced at least once per week between the hours of 6:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the collection container, the removal of collected material, and abatement of any graffiti, litter, or nuisance condition as defined in the CMC.

W. The operator of each collection container shall maintain an active email address and a twenty-four-hour telephone service with recording capability for the public to register complaints regarding the operation or maintenance of the collection container.

X. Each collection container permitee shall respond to collection container maintenance complaints within twenty-four hours of receiving notification during regular business hours.

Y. Any conditions regarding collection containers that are in violation of this chapter must be remedied or abated within forty-eight hours of being reported to the operator or property owner.

Z. If a collection container becomes damaged or vandalized, it shall be repaired, replaced, or removed within five days issuance of notice of such condition.

AA. Collection containers cannot be used for the collection of solid waste and/or hazardous materials except as expressly authorized by the CMC or other applicable laws.

BB. All collection container related waste shall be destroyed or disposed of in a secure manner in compliance with all state and local laws.

CC. Collection containers shall comply with all applicable federal, state, and local laws.

DD. Collection containers shall not obstruct or encroach upon city or utility easements without prior written approval of the city or utility holding the easement and shall not occupy or otherwise obstruct any required parking spaces or landscape areas.

(Ord. No. 2017-007, § 2, 2017.)

All applicants wishing to obtain a collection container permit from the city must file an application to the city upon a form provided by the city. An application for a collection container permit shall include at least the following:

A. The signatures of both the operator of the collection container and the owner, or the owner's agent, of the parcel of real property on which the collection container is to be located, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection container for which they are seeking approval.

B. A non-refundable application fee as provided in the current Comprehensive Fee Schedule codified in Appendix I of this code.

C. The name, address, email, Internet Web address (if available), and telephone number of both the operator of the collection container and the owner of the parcel of real property on which the collection container is to be located, including twenty-four-hour contact information.

D. A vicinity map showing the proposed location of the collection container and the distance between the site and all existing collection containers within two thousand five hundred feet of the proposed location for the collection container.

E. Photographs of the location and adjacent properties.

F. A site plan including:

1. The proposed collection container location.

2. The location and dimension of all parcel boundaries.

3. The location of all buildings.

4. The distance between the proposed collection container and parcel lines and buildings.

5. Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, and maneuvering aisles.

G. Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this chapter to be placed on the collection container and notice sign.

H. A description and/or diagram of the proposed locking mechanism of the collection container.

I. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container).

J. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the application proposal's consistency with the requirements of this chapter.

K. Authorization for the city manager's designee to seek verification of the information contained in the application.

L. A statement in writing by the applicant that the applicant certifies under penalty of perjury that all the information contained in the application is true and correct.

(Ord. No. 2017-007, § 2, 2017.)

The following conditions apply to each collection container permit:

A. It is unlawful to erect, place, operate, maintain, or allow a collection container on any parcel of real property unless the property owner or operator of the collection container first obtain an annually renewable collection container permit from the city.

B. The city manager's designee shall be responsible for deciding whether a collection container permit should be issued or renewed. The decision of the city manager's designee shall be final.

C. A collection container permit will not be awarded or renewed if:

1. The applicant made one or more false or misleading statements or omissions in the application or during the application process.

2. The proposed collection container would violate any applicable law.

3. The applicant does not have legal authority to maintain a collection container at the proposed collection container site.

4. The applicant has not satisfied each and every requirement of this chapter.

5. The applicant has had a previous collection container permit revoked.

6. The applicant has not maintained compliance with each and every requirement of this chapter prior to renewal.

7. The property on which the collection container is to be located has not been free of any conditions constituting a violation of this chapter for at least six months prior to submission of the application.

D. Only one collection container permit may be possessed or used by the same person.

E. Collection container permits issued pursuant to this chapter are not transferable to any third parties under any circumstances.

F. Each collection container permit shall expire and become null and void twelve months after issuance unless properly renewed. An application for renewal must be submitted prior to the expiration of the collection container permit on a form provided by the city manager's designee, and shall include:

1. The signatures of the operator of the collection container and owner, or owner's agent, of the parcel of real property on which the collection container is to be located, acknowledging that they will be responsible for compliance with all applicable laws and conditions related to the collection container for which they are seeking approval.

2. A non-refundable renewal application fee as provided in the current Comprehensive Fee Schedule codified in Appendix I of this code.

3. A site plan showing the location of any collection container and compliance with this chapter, including any distancing requirements.

4. Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the renewal proposal's consistency with the requirements of this chapter.

(Ord. No. 2017-007, § 2, 2017.)

Collection containers that satisfy the following standards are exempt from the permit requirements of this chapter:

A. Collection containers that are located within a fully enclosed and lawfully constructed and permitted building, or otherwise cannot be seen from outside the boundaries of the property on which the collection containers are located, provided that such collection containers satisfy the operational requirements set forth in section 12.15.040 of this chapter.

B. Recycling containers that are in compliance with section 20.21.360 of the CMC.

C. Storage containers that are in compliance with section 20.21.200 of the CMC.

(Ord. No. 2017-007, § 2, 2017.)

A. The city does not assume any liability with respect to any collection container activities.

B. Any collection container within the city in violation of this chapter or the Chino Municipal Code, is hereby declared to be unlawful and a public nuisance, which may be abated by any means authorized by law including, but not limited to, injunctive relief.

C. Any party who engages in a violation of this chapter, or who owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this chapter is maintained, shall be subject to the penalties and remedies provided by this chapter.

D. Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.

E. Any person in violation of any provision of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to one thousand dollars and up to six months imprisonment per offense per day.

F. Any person in violation of any provision of this chapter shall be punishable by an administrative fine of up to one thousand dollars per offense per day.

G. The city may levy a special assessment against any parcel of real property in violation of this chapter to recover administrative fines and all related city costs including, but not limited to, staff costs, inspections costs, enforcement costs, administrative overhead, administrative hearing costs, attorneys' fees, prosecution costs, court costs, legal fees, and any other related costs. The special assessment may also be recorded against the nuisance property. If a tenant, as opposed to a property owner or landlord, is acting in violation of this chapter, the owner or landlord shall be given notice of the violation and shall have a period of seven days to initiate eviction proceedings against the tenant. If the owner or landlord fails to initiate eviction proceedings within seven days, or fails to diligently prosecute the tenant's eviction, the owner or landlord shall become collaterally liable for any administrative fines, which may then be collected as a special assessment against the parcel of real property.

H. A collection container permitee may hold a property owner harmless for the removal of an unauthorized collection container or where removal is necessary to comply with any applicable law.

I. A property owner shall have the right to rescind consent for a collection container to be placed on the owner's property, provided written notice of the rescission is provided to the collection container permitee at least ten days prior to the removal of the collection container.

J. A property owner that causes the unauthorized removal of a permitted collection container shall be civilly liable to the collection container permitee.

K. Any violation of this chapter, or any other applicable law, by a collection container Permitee is grounds for revoking the collection container permitee's collection container permit.

1. Any decision regarding the revocation of a collection container permit may be appealed to an independent neutral third party administrative hearing officer appointed by the city manager's designee ("hearing officer"). Said appeal shall be made by a written notice of appeal from the person appealing within ten days from the date of the collection container permit revocation order. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the collection container permit was improperly revoked.

2. Upon receipt of the appeal, the city shall schedule an administrative hearing to occur within ninety days. The city shall provide ten days' advance notice of the date, time, and location of the administrative hearing to the appellant. The hearing officer's decision shall be final and binding upon the city and the appellant.

3. The costs of the administrative hearing shall be borne by the non-prevailing party.

4. Failure to properly appeal the collection container permit revocation as required herein, or to appear at the properly noticed administrative hearing, shall constitute a waiver of the right to contest the permit revocation, a failure to exhaust the available administrative remedies, and a bar to any further appeals of the permit revocation.

L. If a collection container permitee is found to have willfully violated the provisions of this chapter and ignores mitigation, on more than three occasions in a calendar year, the collection container permitee shall be deemed ineligible to place, use, or employ a collection container within the city pursuant to this chapter for a period of five years, and the city may remove any or all of such collection container permitee's collection containers upon thirty days' advance notice.

M. These penalties and remedies are cumulative, in addition to any other penalties and remedies available to the city, and may be used in lieu of each other.

(Ord. No. 2017-007, § 2, 2017.)