El Monte Municipal Code Ch. 12.32 Trashbin Encroachment Permits

No person shall place or cause to be placed any trash bin as defined in Section 12.28.010 of this code in any city street, on any sidewalk, on any parkway, in any alley, or on any street shoulder area within the public right-of-way of a street or on any other public property in the city without first having obtained a permit to do so pursuant to the provisions of Section 12.32.020 of this chapter.

(Prior code § 3231.2)

A. No person shall place, or cause to be placed, any bin of any variety on any public street, sidewalk, parkway, alley, street shoulder or any other portion of the public right-of-way without first obtaining a permit pursuant to this section. For purposes of this section, the aforementioned permit shall hereinafter be referred to as "trash bin encroachment permits."

B. Applications for a trash bin encroachment permit shall be submitted to the Environmental Services Division. Trash bin encroachment permits may only be issued in connection with:

1. Any covered project as defined under Section 8.20.260 of this chapter;

2. Renovation and repair projects performed at all varieties of premises (including but not limited to roof tear-offs);

3. Premises cleanouts (including but not limited to apartment cleanouts);

4. Warehouse cleanups;

5. Nuisance and/or weed abatement cleanups; and

6. Street/road maintenance cleanups.

C. As a standard condition to the issuance of a trash bin encroachment permit, any bin subject to such a permit shall be reflectorized and shall contain the name, address and telephone number of the bin owner/provider. In the event that any reasonably foreseeable risk of harm cannot be reasonably eliminated, the Environmental Services Division may deny an application for a trash bin encroachment permit. The Environmental Services Division may revoke any trash bin encroachment permit on the basis of the permittee's failure to comply with any conditions of approval.

(Ord. 2701 §§ 2 (part), 3 (part), 2007: prior code § 3231.2.1)

The Public Works Director may impose additional requirements on the applicant or require the placement of additional safety devices in, on or around any trash bin placed on public property in order to eliminate or mitigate any apparent risk of harm to persons or property. In the event that any apparent risk of harm cannot be reasonably eliminated or substantially mitigated, the Public Works Director may deny the application. A decision on each application shall be rendered by the Public Works Director within fourteen (14) days of receipt of the application. The Public Works Director may revoke any permit of which any condition or restriction is violated.

(Prior code § 3231.2.2)

The applicant or any interested person dissatisfied with a decision of the Public Works Director/Street Superintendent, or his or her designated representative, or aggrieved by the removal of any trash bin, may appeal in writing to the City Council by filing such written appeal with the City Clerk within ten (10) days of notice of the decision of the Public Works Director/Street Superintendent or within ten (10) days of notice of removal. Each such appeal shall be accompanied by an appeal fee of fifty dollars ($50.00) and shall specify with particularity the ground or grounds upon which such appeal is based. The filing of an appeal pursuant hereto does not prohibit the Street Superintendent from removing any trash bin nor does it stay the revocation of any permit by the Public Works Director pending the hearing of such appeal by the City Council. The person filing an appeal may not place or maintain a trash bin encroachment without a valid and in effect permit to do so pending the hearing of the appeal by the City Council.

(Prior code § 3231.2.3)

A. Each appeal filed pursuant to Section 12.32.040 shall be heard by the City Council at its regular scheduled evening meeting held not less than fourteen (14) days after the filing of such appeal with the City Clerk; provided, however, that the City Council may continue the hearing on such appeal from time to time at its discretion. The City Clerk shall give written notice of the time and place of the Council hearing on any such appeal to the applicant, to the appellant if the appellant be other than the applicant, and to any other person who has in writing filed with the City Clerk a request for notice.

B. At the time for which hearing of any such appeal has thus been noticed, the City Council shall consider and review the application, the decision and/or recommendation of the Public Works Director/Street Superintendent and all other documents and material presented. In its decision on any such appeal the City Council may approve or disapprove in whole or in part the decision of the Public Works Director/Street Superintendent, may grant or deny the permit applied for, and may waive removal costs, storage costs and appeal filing fees if removal is found to be unwarranted. The Council in granting a permit may amend, add to or delete any or all of the conditions or restrictions imposed by the Public Works Director. The City Clerk shall mail to the applicant and appellant a copy of the Minutes of the City Council with reference to any such appeal within forty-eight (48) hours after the approval of such Council Minutes by the City Council.

(Prior code § 3231.2.4)