Laguna Woods Municipal Code Ch. 4.06 Trash and Litter Control

Footnotes:

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Editor's note— Ord. No. 10-04, §§ 1, 2, adopted Nov. 17, 2010, repealed the former Ch. 4.06, §§ 4.06.010—4.06.160, and enacted a new Ch. 4.06 as set out herein. The former Ch. 4.06 pertained to trash and litter control and derived from Ord. No. 07-01, § 1, 4-18-2007.

The purpose of this chapter is to establish regulations for the control of litter and illegal dumping on public and private property. The intent is that enforcement of this chapter will serve as a deterrent to those who are responsible for littering and/or illegal dumping. Over the long term, this chapter will improve the aesthetics of the community, reduce pollution, and benefit the environment and water quality.

(Ord. No. 10-04, § 2, 11-17-2010)

For the purpose of this chapter, the following are defined:

(05) City Manager means the City Manager of the City of Laguna Woods or his or her designee.

(10) Littering means the willful or negligent throwing, dropping, placing, depositing, sweeping, dumping, or causing any such acts or similar acts, of waste matter on land or water in other than appropriate and authorized storage containers or areas designated for such purposes.

(15) Waste matter or litter means discarded, used, or leftover substances including, but not limited to: a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material; any garbage, junk; inoperable appliances; disused fixtures; lumber and building materials (except when authorized during construction activities); trash, refuse, paper, containers, packaging, household rubbish; carcass of a dead animal; and, any nauseous or offensive matter of any kind which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Newspapers, informational flyers, and similar correspondence placed on private property shall not be considered litter.

(20) Commercial quantities means an amount of waste matter or litter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. The commercial quantity definition does not apply to household waste at a person's residence.

(25) Stormwater drainage system means any street, gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any city, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

(Ord. No. 10-04, § 2, 11-17-2010)

This chapter shall not apply to:

(a) Stockpile storage and other activities approved by a City permit, contract, or franchise.

(b) Erosion, sediment, and weed control measures and manure, fertilizers, and mulch materials used for gardening or applied to landscape areas.

(c) Waste matter stored in trash receptacles authorized by the City.

(Ord. No. 10-04, § 2, 11-17-2010)

Littering is prohibited upon all public or private property, whether occupied, open or vacant, land or water, including but not limited to any street, sidewalk, alley, right-of-way, gutter, lawn, open area, creek, pond, basin or point of entry to the stormwater drainage system. Persons owning or occupying private premises shall be jointly responsible for maintaining the property free of litter at all times.

(Ord. No. 10-04, § 2, 11-17-2010)

(a) The City Manager or his/her designee may inspect property to investigate the dangerous accumulation of litter. Prior to commencing any inspection of private property (including, but not limited to, facilities and portable equipment), the City Manager or his/her designee shall obtain the consent of the owner or occupant of the property or an administrative inspection warrant or criminal search warrant.

(b) The City Manager or his/her designee is hereby authorized and empowered to notify the owner of any private property within the City, or the agent of such owner, to properly dispose of any litter then on such owner's property in violation of the provisions of this Code. Failure to comply with this section shall result in the declaration of a nuisance under Section 1.08.030. Abatement of said nuisance shall follow the procedures outlined in Chapter 1.08.

(c) Notwithstanding any other provision of this chapter with reference to the removal of litter from private property, whenever the City Manager or his/her designee determines that an accumulation of litter is dangerous to human life and such condition constitutes an immediate hazard or danger, and the owner of the private property is unable to be located, he/she shall immediately and forthwith effect the removal of such litter without observing the usual provisions for the removal of litter set forth in Sections 4.06.050(a) and 4.06.050(b).

(1) Where such condition exists, and the removal is immediately required, the City Manager or his/her designee shall comply with the provisions of Sections 1.08.110 and 1.08.120, which refers to the recovery of the costs of such removal work from the property owner.

(2) Within a reasonable time after the removal of such dangerous accumulation of litter, a hearing will be held before the City Manager. The owner of record of the affected property shall be notified of the hearing not less than ten calendar days before the time fixed for said hearing. Notice of said hearing shall include the time and date of the hearing, a description of the dangerous accumulation of litter that was removed, and a statement requesting the property owner's attendance at the hearing to provide testimony. Said notice shall be served personally upon or mailed in an envelope with postage thereon fully prepaid and deposited in the United States mail at Laguna Woods, California, to the property owner as such owner's name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time said notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(3) The owner of record of the affected property may show cause why he/she should not be assessed for the costs of removing the litter by appearing at the hearing or by filing a written statement with the City Manager no less than five days before the hearing date. If it is determined that the litter was placed on the property without the consent of the property owner and that he/she has not subsequently acquiesced to its presence, then the City shall not assess costs of administration or removal against the property upon which the litter was located or otherwise attempt to collect such costs from such property owner. The City may then pursue cost recovery from other responsible parties.

(4) The owner of record of the affected property may appeal the decision of the City Manager to the City Council in accordance with Section 1.08.080.

(Ord. No. 10-04, § 2, 11-17-2010)

Persons owning or occupying private property, and persons owning, controlling, and conducting construction activities shall:

(a) Maintain trash receptacles and locations free from graffiti.

(b) Maintain trash receptacle locations free from trash and litter.

(c) Return trash receptacles to the approved location following waste pickup.

(d) Ensure that trash receptacle covers are securely closed when not in use to prevent trash transport and seepage by wind, rain, the elements, and animals.

(Ord. No. 10-04, § 2, 11-17-2010)

(a) Any person violating any provision or failing to comply with any of the requirements of this chapter shall be subject to Administrative Citations prescribed in Chapter 1.06 of this Code, and may be additionally deemed guilty of an infraction as set forth in the California Penal Code §§ 374, 374.3 and 374.4.

(b) Any person, firm or corporation guilty of violating this Code through the illegal dumping, spillage or deposition of commercial quantities of waste matter or litter shall be deemed guilty of a misdemeanor as defined in the California Penal Code § 374.3(h).

(c) The remedies listed in this chapter are not exclusive of any other remedies available to the City under any applicable Federal, State or Local law and it is within the discretion of the City to seek cumulative remedies.

(Ord. No. 10-04, § 2, 11-17-2010)