Colton Municipal Code Ch. 5.52 Unattended Donation/Collection Boxes

To ensure the prevention of blight and to further public health and safety, it is in the interest of the City to prevent the proliferation of unattended donation and collection bins (UDCB) and their placement in required parking spaces, required landscaped areas, and residential zoning districts of the City. The proliferation of these UDCBs contribute to visual clutter; and in areas throughout the State, UDCBs have contributed to blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside of the UDCBs. They can also interfere with the proper collection of data concerning the diversion of waste within the City from landfills. The purpose of these regulations is to promote the health, safety, and/or welfare of the public, and protect the property rights of the owners of the parcels on which the UDCBs are located, by providing minimum blight-related performance standards for the operation of UDCBs, including establishing criteria to ensure that (1) material is not allowed to accumulate outside of the UDCBs, (2) UDCBs remain free of graffiti and blight, (3) UDCBs are maintained in sanitary conditions, (4) the UDCBs are not placed without the approval of property owners, (5) contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns, and (6) that operators properly report information concerning the diversion of materials from landfills. This section regulates the size, number, placement, installation and maintenance of UDCBs, as is necessary to accomplish the foregoing purposes.

(Ord. No. O-21-16, § 1, 11-1-2016)

Where a conflict exists between the regulations or requirements in this chapter and applicable regulations or requirements contained in other chapters of the Colton Municipal Code, the applicable regulations or requirements of this chapter shall prevail.

(Ord. No. O-21-16, § 1, 11-1-2016)

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 Director in accordance with the provisions of this chapter. Any person in violation will be subject to administrative penalties, citations, civil action and/or other legal remedies.

(Ord. No. O-21-16, § 1, 11-1-2016)

The parcel owner and the UDCB operator (operator) have joint and several liability for blight-related conditions and/or compliance with this chapter, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. 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. No. O-21-16, § 1, 11-1-2016)

"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 their behalf to be the applicant for a UDCB permit. To be considered an agent, a person must be given express written authorization from the parcel owner on a form provided by the City to apply specifically for a UDCB permit. 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 Section 8.04.030 of the Colton Municipal Code.

"Director" means the Development Services Director and his or her successor in title and his or her designees.

"Donated/collected material" means salvageable personal property, such as clothing and books and household items that is collected for periodic transport off-site for processing or redistribution or both.

"Parcel owner" or "property owner" means the owner of real property on which a UDCB is or is proposed to be placed.

"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 a principal activity.

"UDCB operator" or "operator" means a person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable personal property.

"UDCB permit" means the City of Colton's annually renewable permit required to place, operate, maintain, or allow a UDCB within the Colton City limits.

"Unattended donation/collection bins" or "UDCBs" means unstaffed drop-off bins, boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.

"Unpermitted UDCB" means a UDCB established either without a UDCB permit or with a UDCB permit that was issued in error or on the basis of incorrect or incomplete information supplied, or in violation of any law, ordinance, rule, or regulation.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. With the exception of UDCBs described in Subsection B, below, it is unlawful to place, operate, maintain or allow a UDCB on any real property unless the parcel owner/agent and/or operator first obtain a UDCB permit from the City. A separate UDCB permit is required for each UDCB.

B. UDCBs that are either enclosed within a principal building or are accessory to a principal activity on a property owned or leased by the bin operator shall not require a UDCB permit. However, UDCBs that are accessory to a principal activity on a property owned or leased by the bin operator shall meet all other requirements of this chapter except the requirements contained in Subsection 5.52.110 (A), (B) and/or (C).

C. The UDCB permit applicant shall be the UDCB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.

D. Decisions regarding UDCB permit applications shall be made by the Director and the Director shall be considered the investigating official acting on behalf of the City Manager.

(Ord. No. O-21-16, § 1, 11-1-2016)

The UDCB permit application shall be made on a form provided by the Development Services Department. All applications shall be filed with the Development Services Department and shall include:

A. A signed agreement stating that the parcel owner/agent and operator will abide by all the processes and requirements described in this chapter and an expedited code enforcement process;

B. A non-refundable Administrative Review application fee in an amount set by the master fee schedule;

C. For permit applications for existing UDCBs, a signed affidavit, under penalty of perjury, stating that the UDCB existed at the proposed location prior to the adoption of this Ordinance.

D. A signed authorization from the parcel owner/agent to allow placement of the UDCB;

E. A signed acknowledgement of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, and/or blight relating to the UDCB;

F. Proof of general liability insurance of at least one million dollars covering the applicant's UDCB and naming the City of Colton as an additional insured;

G. For nonprofit operators, evidence that the nonprofit has been registered as a non-profit organization with the City of Colton, 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;

H. For for-profit operators, proof of an active business tax certificate with the City of Colton;

I. The name, address, email, website (if available) and telephone number of the UDCB operator and parcel owner, including twenty-four-hour contact information;

J. (1) all properties located within one thousand feet of the subject lot of the proposed UCDB; (2) a radius line drawn one thousand feet from the proposed UCDB location; and (3) all existing UDCBs within one thousand feet of the proposed UDCB location;

K. Photographs of the location;

L. A site plan containing:

1. Location and dimensions of parcel boundaries (provide all parcel boundaries for sites made up of multiple parcels);

2. Location of all buildings;

3. Proposed UDCB location and footprint dimensions;

4. Distance between the proposed UDCB and parcel lines and buildings; and

5. Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;

M. Elevations showing the appearance, materials, and dimensions of the UDCB, including the information required in this chapter to be placed on the UDCB and notice sign;

N. A description and/or diagram of the proposed locking mechanism of the UDCB;

O. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate blight-related conditions; and

P. Any other reasonable information regarding time, place, and manner of UDB operation, placement, and/or maintenance that the Director requires to evaluate the proposal consistent with the requirements of this chapter.

(Ord. No. O-21-16, § 1, 11-1-2016)

The Director shall not issue a UDCB permit unless each of the following is true:

A. The applicant has submitted a complete and accurate application accompanied by the applicable fee;

B. There are no open citations, unpaid fines or unresolved violations or complaints related to any UDCB managed by the proposed operator;

C. All existing unpermitted UDCBs that are managed by the proposed operator have been removed;

D. Any verified blight on the subject property has been abated and any case of a complaint to the City regarding blighted conditions on the subject property has been closed; and

E. The proposal is consistent with all the requirements of this chapter, including the location requirements in Section 5.52.110.

(Ord. No. O-21-16, § 1, 11-1-2016)

The Director shall provide a written decision regarding the placement of a UDCB within sixty days of the submission of a complete application for a UDCB permit.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. Any Person aggrieved by the action of the Development Services Director in the denial of a Permit or license as provided by this Chapter shall have the right of Appeal to the Code Compliance and Housing Appeals Board ("CCHAB"). Such Appeal Shall be taken by filing with the City Clerk, within fourteen calendar Days after Notice of the action complained of has been mailed to such Person's last known address, a written statement setting forth fully the grounds for the Appeal. The Code Compliance and Housing Appeals Board Shall set a time and place for a hearing on such Appeal and Notice of such hearing shall be given to the appellant in the same manner as provided by this section for Notice of hearing or revocation. The Decision and order of the CCHAB on such Appeal Shall be final and conclusive.

B. If any Person holding a Permit, as provided in this Chapter, is found to conduct or carry on such business contrary to the provisions of this Chapter or any other law relating to or regulating such business, it shall be subject to suspension, revocation, and any other penalty permitted under this Code. No Permit shall be suspended or revoked until after a hearing has been conducted before the CCHAB relating to such suspension or revocation. Notice of such hearing shall be given in writing and shall be served at least ten days prior to the date of the hearing thereon, which notice shall state the grounds of complaint against the holder of such Permit, or against the business carried on by her or him and shall also state the time when and the place where such hearing will be held. Such notice shall be served upon the holder of such Permit by delivering the same to such Person, his manager or agent, or to any Person in charge of, or employed in the place of business of such licensee or by leaving such notice at the place of business or residence of such Person with some Person of suitable age and discretion. In the event the holder of such license cannot be found, and a service of such Notice cannot be made upon him or her in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder or such licensee at his place of business or residence at least ten days prior to the date of such hearing. The Decision and order of the CCHAB on such Appeal Shall be final and conclusive.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. No UDCB shall be located within one thousand feet, as measured from its footprint, from any other UDCB, except those described in Subsection 5.52.060(B).

B. With the exception of areas described in Subsection (C), below, UDCBs are only allowed on properties located in commercial, industrial, and mixed use zones, which are designated in the zoning maps described in Chapter 18 of the Colton Municipal Code, or other properties with legally established non-residential uses.

C. No UDCBs are permitted on properties improved wholly or partly improved with residential housing, regardless of zoning.

D. A UDCB is only permitted on properties that also contains a principal building that contains at least one operating business, or non-profit organization including churches.

E. UDCBs are prohibited within any of the following locations:

1. Fifteen feet from lot lines of properties within an underlying residential zone as designated in the City's zoning maps;

2. The public right-of-way and twenty feet of the public street right-of-way;

3. Five feet from any property line; or

4. Landscaping.

F. UDCBs cannot block or impede access to:

1. Required parking or driveways;

2. Pedestrian routes;

3. Emergency vehicle routes;

4. Building ingress and egress;

5. Required handicapped accessibility routes;

6. Required easements; or

7. Trash enclosure areas or access to trash bins/trash enclosures.

G. UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.

H. No more than one UDCB 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. A UDCB must be operating at a site for at least ninety days in order to establish that a second bin is required. Both UDCBs shall have the same operator.

I. The donation/collection area must be visible from the principal building in an area provided illumination at least one foot candle.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. UDCBs shall:

1. Be fabricated of metal;

2. Be placed on ground that is paved with durable cement;

3. Have a collection opening that has a tamper-resistant locking mechanism;

4. Be no more than eighty-four inches high, sixty inches wide and fifty inches deep; bins over seventy-two inches high shall obtain a building permit from the Development Services Department;

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 on at least two-inch type visible from the front on the UDCB:

i. The name, address, twenty-four-hour telephone number, and, if available, the Internet Web address, and email address of the owner and operator of the UDCB and the parcel owner/owner agent;

ii. Address and parcel number of the site;

iii. Instructions on the process to register a complaint regarding the UDCB to the City Code Compliance Division;

iv. The type of material that may be deposited;

v. A notice stating that no material shall be left outside the UDCB;

vi. The pickup schedule for the UDCB;

vii. A City approved identification system that identifies the box as being properly permitted by the City;

viii. If the UDCB is owned by a nonprofit organization:

a. A statement describing the charitable cause that will benefit from the donations;

b. The Federal Tax identification number of the nonprofit organization operating the UDCB; and

c. The statement "This collection box is owned and operated by a nonprofit organization."

ix. If the UDCB is owned by a for-profit entity:

a. "This donation is not tax deductible." and

b. "This collection bin is owned and operated by a for-profit organization."

B. The parcel containing the UDCB shall display a sign with text in at least two-inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location on the UDCB, or within a radius of twenty feet from the UDCB.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. No blight shall be within twenty feet of the UDCB including, but not limited to donation/collection overflow, litter, debris, and dumped material.

B. UDCBs 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.

C. UDCBs shall be serviced not less than once weekly, and such service shall occur between the hours of seven a.m. and seven p.m. on weekdays and ten a.m. and six p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described this section.

D. The operator shall maintain an active email address and a twenty-four-hour telephone service with recording capability for the public to register complaints.

E. UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.

(Ord. No. O-21-16, § 1, 11-1-2016)

Applicants and/or owner/owners agent shall maintain a minimum general liability insurance of one million dollars for the duration of the operation of a UDCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UDCB and naming the City of Coltonas additional insured.

(Ord. No. O-21-16, § 1, 11-1-2016)

Permitted UDCB operators shall be required to report annually the tonnage collected from their UDCBs within the City, including a breakdown by material type, whether the materials were reused or recycled, and any other information needed by the City to comply with AB 939. This information must be available to the City within sixty days of the end of the calendar year. Failure to report will be grounds for revocation of the UDCB permit.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. Whenever the Chief of Police determines that a UDCB with a valid permit does not conform to any requirement in this chapter he/she shall promptly notify the parcel owner/agent and UDCB operator of the violation. The violation must be abated and proof of such submitted to the City within seventy-two hours after receipt of such notification.

B. If an unpermitted UDCB is not within a permissible geographic area according to Section 5.52.110, then both the UDCB and any blight within twenty feet of the UDCB shall be removed within seventy-two hours after the parcel owner/agent and UDCB operator is notified of the violation.

C. If an unpermitted UDCB is within a permissible geographic area according to Section 5.52.110 then any blight within twenty feet of the site shall be removed and the parcel owner/agent and/or operator shall either: 1) apply for all UDCB permits required by this chapter; or 2) remove the UDCB. This requirement shall be met within seventy-two hours after the parcel owner/agent and/or UDCB operator are notified of the violation.

D. Each day that a violation of a requirement of this chapter is not abated constitutes a new and separate offense.

E. The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.

F. The City shall assess administration citations pursuant to Chapter 8.12 of the Colton Municipal Code against a parcel owner and/or operator who fails to timely resolve a violation or verified compliance is not sent to the City showing the resolution of the violation relating to a UDCB after notice.

G. The daily administrative citations described in Subsection F shall continue until either the violation is abated or the UDCB is removed. Pursuant to Government Code Section 38773, removal of the UDCB shall be at the expense of the parcel owner and/or operator. Any UDCBs removed shall also have any of its UDCB permits revoked.

H. The property owner and operator are jointly and severally liable and responsible for all fees, administrative citations, and compliance with the regulations.

(Ord. No. O-21-16, § 1, 11-1-2016)

A. Any UDCB scheduled to be removed by either the City or the operator shall clearly display a notice on the UDCB with at least four-inch type visible from the front on the UDCB that states the following text in capital letters: "THIS BOX WILL BE REMOVED BY" followed by the date the UDCB is scheduled for removal. The operator and property owners are jointly and severally responsible for the placement of the notice.

B. For UDCBs required to be removed by the City of Colton due to an abatement order, the notice shall be posted immediately after the City notifies the operator and/or parcel owner that the facility is required to be removed.

C. Notice that a UDCB will be removed by the owner or operator shall be posted at least fourteen calendar days prior to the removal of the facility.

(Ord. No. O-21-16, § 1, 11-1-2016)