Lake County Municipal Code Art. II Removal of Rubbish/Weeds

Footnotes:

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Editor's note— Ord. No. 3078, § 1, adopted Dec. 4, 2018, amended Ch. 13, Art. II, §§ 13-10—13-13, in effect repealing and reenacting said article as set out herein. Former Art. II pertained to similar subject matter and derived from Ord. No. 2927, § 1, adopted July 13, 2010 and Ord. No. 2982, §§ 6, 7, adopted Dec. 4, 2012.

a. The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all garbage and/or refuse accumulated on such premises. To prevent propagation, harborage or attraction of flies, rodents or other vectors and the creation of a nuisance, garbage and/or refuse, excepting nonflammable inert material, shall not be allowed to remain on the premises for more than seven (7) days.

b. All garbage and/or refuse shall be drained, wrapped, and stored in durable, rust-resistant, nonabsorbent, watertight containers not to exceed ninety-six (96) gallons capacity and which have tight-fitting covers. Plastic garbage bags are not to be used for outside storage of garbage at any time.

c. No garbage and/or refuse, with the sole exception of non-flammable inert materials, may be stored for any period of time, on a trailer. Said garbage and/or refuse may be placed on a trailer only for the purpose of transporting said materials for purposes of disposal in a legally authorized manner.

d. No garbage and/or refuse may be stored in a vehicle. Said garbage and/or refuse may be placed in a vehicle only for the purpose of transporting said materials for purposes of disposal in a legally authorized manner.

e. Nonflammable inert materials stored on a premises shall not be allowed to become either a harborage for rodents, insects or other vectors, nor a public nuisance. Such inert nonflammable materials which are not properly stored shall not be allowed to remain on a premises for more than thirty (30) days.

f. The owner of any multifamily dwelling shall either contract with a franchise hauler legally authorized to remove and/dispose of garbage and/or refuse or shall undertake as its own responsibility, the disposal of garbage and/or refuse for such a dwelling. All receptacles used for the storage of garbage, rubbish and waste matter accumulated on properties used for multifamily dwellings shall be emptied and the contents thereof removed and disposed of when:

1. The contents are even with the top of the receptacle;

2. At least once a week; and

3. The owner of any such multifamily dwelling shall not permit such contents to overflow above the top of the receptacle prior to removal and disposal.

As used in this Article, the following terms shall have the following meanings:

Abate and/or abatement means the act of removing, destroying, eliminating, seizing, impounding, or taking any other action to mitigate and/or respond to a public nuisance.

Abatement costs means any costs or expenses reasonably related to the abatement of conditions which violate this Division and shall include, but not be limited to, costs associated with the removal, storage, transportation, cleaning, clearing, and disposal of accumulated garbage and refuse, and those administrative costs further described in Chapter 13 of the Lake County Code.

Accumulation of garbage and/or refuse means any measurable amount of accumulated items constituting a condition harmless or injurious to the health, safety, and welfare of neighboring properties, an community area, the public generally, and/or to the environment.

Blight means a deteriorating environmental condition or nuisance that can damage and eventually ruin the security, health and economic vitality of a business area, neighborhood, or community if it is ignored and allowed to persist and/or to grow.

Container means a bin, can, vessel, or other receptacle used to hold garbage and/or refuse.

Disposal means the delivery of solid waste and/or recyclable materials to a solid waste facility or facilities.

Enforcement Official means any person designated as an enforcement Official in Chapter 13 of the Lake County Code.

Garbage and/or refuse means and includes, but is not limited to, any items consisting of trash, litter, waste, junk, debris, discarded items, construction or demolition materials, cans, bottles, bricks, boxes, appliances, vehicle parts, tires, discarded mattresses, equipment, furniture, ordinary household garbage, dead trees, brush, or other injurious or offensive materials of any kind.

Multi-family Dwelling means that type of dwelling and real property use as defined by the Lake County Zoning Ordinance.

Non-flammable inert materials means materials which are not readily susceptible to catching fire which contain no decomposable wastes and no soluble pollutants, including but not limited to rock, earth, construction rubble, and concrete chunks.

(Ord. No. 3078, § 1, 12-4-2018)

through a trash pick-up service, self-haul to an approved disposal site, or properly composting in a back yard compost pile.

(Ord. No. 3078, § 1, 12-4-2018)

Editor's note— Ord. No. 3078, § 1, adopted Dec. 4, 2018, added this section 13-11. Inasmuch as Section 13-11 already existed in the Code, this section has been added as Section 13-11A, as set out herein and at the editor's discretion.

12.2 As a condition of compliance in a Notice of Nuisance and Order to Abate, an Enforcement Official may require the property owner to provide a maintenance plan to address the prevention of further nuisance conditions resulting from the accumulation of rubbish on the property. Such a maintenance plan shall require evidence that said property owner will implement a regular practice for trash disposal on said property. Evidence that said property will be the subject of regular garbage service shall be deemed a sufficient maintenance plan.

12.3 In the case of a repeat offender as defined in Section 13-3 of this chapter, the Enforcement Official may impose as a condition of a Notice of Nuisance and Order to Abate a requirement that the property owner provide proof of regular garbage service for the subject property or other lawful method for regular and routine garbage collection and disposal which is acceptable to the Enforcement Official as more particularly described in Section 13.2 herein.

(Ord. No. 3078, § 1, 12-4-2018)

a. In addition to any other remedy authorized by this Code or applicable law, any violation of the provisions of this Division will be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in this chapter and authorized by California Government Code Section 53069.4. Said penalties shall begin to accrue on the date the Notice of Violation is issued and each day the violation continues shall constitutes a separate violation subject to a separate penalty.

b. Except as otherwise provided in subsection d of this section, the Enforcement Official may impose an administrative penalty for each violation in an amount not to exceed one hundred dollars ($100.00) for each day the first violation occurs and continues, two hundred dollars ($200.00) for each day the second violation of the same provision of this chapter within one (1) year after the first violation occurs and continues, and five hundred dollars ($500.00) for each day of an additional violation of the same provision of this chapter within one (1) year after the first violation.

At the point after a second violation and where an additional violation, as described hereinabove, is determined to have occurred, the Enforcement Official may additionally require that the violator either subscribe to a garbage collection service for regular and routine garbage collection or enter into a contractual arrangement with the County wherein the violator agrees to adhere to another lawful method for regular and routine garbage collection and disposal which is satisfactory to the Enforcement Official. Said agreement shall require the violator to reimburse the County for all reasonable administrative costs of the Enforcement Official in monitoring compliance with that agreement. Failure to adhere to any material terms of this agreement shall constitute a breach of contract, entitling the County to seek any and all remedies available as a result of said breach.

At any point after an egregious violation has occurred, regardless of whether that violation is a first, second, or additional violation, if said egregious violation continues without remediation for a period of ten (10) days or more, the Enforcement Official may require that the violator either subscribe to a garbage collection service for regular and routine garbage collection or enter into a contractual arrangement with the County wherein the violator agrees to adhere to another lawful method for regular and routine garbage collection and disposal which is satisfactory to the Enforcement Official.

c. Whenever the Enforcement Official determines that a violation of any provision of this article has occurred, the Enforcement Official is authorized to issue a notice of violation. Said Notice of Violation shall be issued pursuant to those procedures and hearing rights described in this Chapter.

(Ord. No. 3078, § 1, 12-4-2018)