Chapter 15.32 — CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT

Sections:

Footnotes: --- (5) ---

Editor's note— Ord. No. 345, adopted July 28, 2010, did not specify manner of inclusion; hence, inclusion as chapter 15.32, §§ 15.32.010—15.32.150 is at the discretion of the editor.

The purpose of this chapter is to increase the recycling and reuse of construction and demolition debris, consistent with the goals of the California Integrated Waste Management Act of 1989.

(Ord. No. 345, 7-28-2010)

For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:

A.

"Accessory Structure" means a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.

B.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the city boundaries, as defined in this section, and who is, therefore, responsible for meeting the requirements of this section.

C.

"Building official" or "director" means the officer or other designated authority charged with the administration and enforcement of this section, or the city duly authorized representative.

D.

"Construction" means all building, landscaping, remodeling, including the addition, removal or destruction of buildings and landscaping.

E.

"Construction and demolition debris" means and includes:

Used or commonly discarded materials generally considered to be not water soluble and non-hazardous in nature, including but are not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or

Remnants of new materials, including but are not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.

F.

"Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner- builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or accessory structures in the city jurisdictional boundaries.

G.

"Covered project" means and includes any project which consists of one or more of the following:

Demolition projects that are five hundred square feet or greater.

Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value.

The renovation, remodel or addition to an existing residential structure that is equal to or greater than five hundred square feet and/or projects that exceed twenty thousand dollars in construction cost.

The renovation, remodel or addition to an existing commercial or multi-family residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars in

construction cost.

Residential development and any new residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars.

Commercial or multi-family residential development, and any new structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars.

All city-sponsored construction, demolition and renovation projects that are equal to or greater than one thousand square feet.

All city public works and construction projects which are awarded pursuant to the competitive bid procedures.

H.

"Deconstruction" means a process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.

I.

"Demolition" means the deconstructing, razing, ruining, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. Demolition needs to be done by a contractor or owner-builder.

J.

"Designated recyclable and reusable materials" means and includes:

Inert solids, asphalt and masonry building materials generally used in construction including, but are not limited to, concrete, rock, stone and brick.

Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.

Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be land filled: bamboo, palm fronds and yucca.

Metals including all metal scrap such as, but are not limited to, pipes, siding, window frames, door frames and fences.

Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material.

Salvageable materials and structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.

Any other materials that the building official or director determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the county.

K.

"Director" means the city's director of the public works department or his/her authorized representative.

L.

"Divert" and "diversion" means to use material for any lawful purpose other than disposal in a landfill, transformation facility or alternative daily cover. Methods to divert materials from landfills include reuse, salvage and recycling. Diversion does not include illegal dumping.

M.

"Emergency demolition" means an emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.

N.

"Facilities" means recycling, salvage and reuse establishments and landfills.

O.

"Inert solids" includes asphalt, concrete, rock, stone, brick, sand, soil and fines.

P.

"Non-covered projects" construction, demolition and renovation projects within the city that do not meet the established thresholds for covered projects.

Q.

"Owner-builder." See "Contractor."

R.

"Permit" means an official document or certificate issued by the building official authorizing performance of a specified activity.

S.

"Project" means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the city.

T.

"Recyclables" means materials which would otherwise become solid waste but which are capable of or suitable for recycling.

U.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting or converting construction and demolition debris that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy. Recycling does not include transformation.

V.

"Recycling and reuse plan" means a form provided by the city for the purpose of compliance with this chapter that must be submitted by the applicant for any covered project.

W.

"Renovation" means any change, addition or modification to an existing structure.

X.

"Reuse" means further or repeated use of construction and demolition debris.

Y.

"Salvage" means the controlled removal of materials from a covered project for the purpose of recycling, reuse or storage for later reuse.

Z.

"Source separated" means recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.

AA.

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Ord. No. 345, 7-28-2010)

Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this section.

(Ord. No. 345, 7-28-2010)

A.

One hundred percent of inert solids and at least fifty percent by weight of the remaining construction and demolition debris resulting from the project shall be diverted to an approved facility or by salvage.

B.

For each covered project, the diversion requirements of this section shall be met by submitting and following a C&D debris recycling and reuse plan that includes the following:

Deconstructing and salvaging all or part of the structure as practicable;

Directing one hundred percent of inert solids to reuse or recycling facilities approved by the city; and

Collecting (source separated or commingled) non-inert materials, such as cardboard and paper, wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to Pena's Disposal for recycling.

C.

The applicant for any covered project shall make reasonable efforts to ensure that all construction and demolition waste diverted or land filled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed at Pena's Disposal scales to be in compliance with all regulatory requirements for accuracy.

D.

Although it may not be an explicit condition of the building permit, contractors working on non-covered projects are encouraged to divert material from construction and demolition projects to the maximum extent practicable in accordance with this chapter.

(Ord. No. 345, 7-28-2010)

A.

Emergency demolition required to protect the public health, safety or welfare.

B.

City-sponsored demolition of a substandard structure or construction required to protect public health or safety in an emergency.

C.

Projects in any single-family residential district, which consist solely of a swimming pool.

D.

Projects for which only a plumbing permit, electrical permit or mechanical permit is required.

E.

A project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance from which this chapter derives.

F.

A project of the city public construction for which the notice inviting bids has been published prior to the effective date of the ordinance from which this chapter derives.

(Ord. No. 345, 7-28-2010)

A.

Prior to issuance of permit, every applicant for building or demolition permits involving any covered project shall complete and submit a properly completed C&D debris recycling and reuse plan to the building official, unless a C&D debris recycling and reuse plan for the project is already on file with the city.

B.

A C&D debris recycling and reuse plan must contain all of the following information:

The name and address of the person applying for the permit.

Unless waived by the building official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this section may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property.

A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project.

Must use franchise hauler Pena's Disposal, Inc. to dispose, recycle, reuse or salvage the project C&D debris.

The recycling or reuse percentage rate of recycling project C&D debris.

(Ord. No. 345, 7-28-2010)

A.

A C&D debris recycling and reuse plan shall be approved or denied no later than thirty days after a complete application is made.

B.

Notwithstanding any other provision of this section, no permit shall be issued for any covered project unless and until the C&D debris recycling and reuse plan have been approved.

All of the information has been remitted on the C&D debris recycling and reuse plan.

The C&D debris recycling and reuse plan establish a mechanism such that the diversion requirement shall be met.

C.

If the director determines that the C&D debris recycling and reuse plan application is incomplete or fails to indicate that one hundred percent of inert solids and at least fifty percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:

Return the C&D debris recycling and reuse plan application to the building official marked "denied," including a statement of reasons, which shall then immediately stop processing the building or demolition permit application, or

Return the C&D debris recycling and reuse plan to the building official marked "further explanation required."

D.

Within thirty days following project completion, a final compliance report containing the following information and documentation must be submitted to the building official, listing every vendor or facility that collected, transported or received any C&D debris:

Copies of receipts from Pena's Disposal, Inc. of received C&D debris. Each receipt must specify the weight of any project C&D debris handled by Pena's Disposal and must clearly demonstrate that all such C&D debris originated from the project site.

A calculation of the actual percentage, determined by weight, of project C&D debris that was recycled at Pena's Disposal, Inc.

A description of the manner in which the project C&D debris was recycled.

E.

Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this section.

(Ord. No. 345, 7-28-2010)

A.

Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with established diversion requirements, the applicant may request, in writing, an exemption from one or all of the waste diversion requirements during the building permit process.

B.

Meeting with Director. The director, or designee, shall review all exemption request information supplied by the applicant and may meet with the applicant to assess alternative ways of meeting waste diversion

requirements. Based on the information supplied by the applicant, the director, or designee, shall determine whether it is possible for the applicant to meet any or all of the diversion requirements of the project.

C.

Granting of Exemption. If it is determined that it is infeasible for the applicant to meet all of the diversion requirements specified herein, the director, or designee, shall determine alternate permit conditions and the building official will inform the applicant, in writing, of any such alternative requirements.

(Ord. No. 345, 7-28-2010)

During the term of the covered project, the applicant shall according to the applicant's C&D debris recycling and reuse plan recycle, reuse or divert the required percentages of waste, and keep records of the tonnage. To the maximum extent feasible, project waste shall be source separated on-site to increase diversion.

(Ord. No. 345, 7-28-2010)

A.

Progress reports during construction may be required.

B.

All documentation is subject to verification by the city.

C.

It is unlawful for any person to submit documentation to the city under this section which that person knows to contain any false statements, including but not limited to, false statements regarding tonnage of materials recycled or diverted.

(Ord. No. 345, 7-28-2010)

The director or his designee shall administer this chapter and shall enforce the requirements of this chapter, including but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.

(Ord. No. 345, 7-28-2010)

A.

In addition to any other remedy authorized by this chapter or applicable law, any violation of the provisions of this chapter shall be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in this chapter and authorized by Section 53069.4 of the California Government Code. Each day of a continuing violation constitutes a separate violation.

B.

Except as otherwise provided in subsection C., the director may impose an administrative penalty for each violation in an amount not to exceed one hundred dollars for the first violation, two hundred fifty dollars for the second violation of the same provision of this chapter within one year after the first violation, and five hundred dollars for each additional violation of the same provision of this chapter within one year after the first violation.

C.

If the director determines that a project is in violation of the requirements of section 15.32.040 the director may impose an administrative penalty equal to one hundred dollars for every ton or fraction of a ton of construction and demolition debris that was not recycled or reused as required.

D.

Whenever the director determines that a violation of any provision of this chapter has occurred, the director is authorized to issue a notice of violation. The director's issuance of a notice of violation is final unless an administrative review has been filed as provided in section 15.32.130. If such an administrative review is not filed, the director may withhold approval of any and all recycling and reuse plans submitted by the responsible person on any covered project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in section 15.32.150. In addition, when a final administrative determination has been made that a violation has occurred, the director is authorized to suspend and/or revoke any and all permits issued pursuant to this chapter and to direct the appropriate city officials to order the cessation of all work and activities on the covered project in question until such time as the applicable penalty has been paid.

E.

The notice of violation shall specify the conditions constituting the violation, the time, if any, within which the violation must be corrected, the applicable administrative penalty, and the availability of an administrative appeal as provided in this chapter. The notice of violation shall also state that if such an administrative appeal is not filed and the applicable administrative penalty has not been paid, the director may withhold approval of any and all recycling and reuse plans submitted by the responsible person on any covered project(s) until such penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in section 15.32.150.

F.

A notice of violation shall be served upon a responsible person(s) by personal delivery or by registered or certified mail, return receipt requested, at the director's election. In the event, after reasonable effort, the

director is unable to serve the notice of violation as set above, service shall be accomplished by posting a copy of the notice on the premises of the project. The date of service is deemed to be five days after the date of mailing, the date of personal delivery, or the date of posting, as applicable.

G.

The total amount of administrative penalties imposed for a project under this section may not exceed fifteen percent of the value of the project, as described on the permit application(s), or fifty thousand dollars, whichever is more.

(Ord. No. 345, 7-28-2010)

A.

Any person upon whom a notice of violation has been served may request an administrative review of the accuracy of the contents of the notice and/or the propriety of any administrative penalty by filing a written notice of appeal with the director no later than thirty days after the date of service of the notice of violation. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal.

B.

The appeal shall be heard by a hearing officer designated by the city manager. The hearing officer shall conduct a hearing concerning the appeal within forty-five days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the city, and shall give the appellant ten days prior written notice of the date of the hearing. The hearing officer shall sustain, rescind, or modify the notice of violation by written decision. The hearing officer shall have the power to waive any portion of an administrative penalty in a manner consistent with the decision. Service of the hearing officer's decision shall be made on the appellant in the manner provided in subsection 15.32.120 F. The decision of the hearing officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. If judicial review of the final administrative decision is not sought in accordance with the provisions of section 15.32.140, the decision of the hearing officer shall be deemed confirmed and the director may withhold approval of any and all recycling and reuse plans submitted by the responsible person on any covered project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place.

(Ord. No. 345, 7-28-2010)

Within twenty days after service of the written decision of the hearing officer, a person contesting that decision may seek review of the decision by filing an appeal in the superior court pursuant to section 53069.4 of the Government Code. A copy of the notice of appeal must be served in person or by first-class mail upon the clerk of the city by the person filing the appeal and a copy of the notice of appeal must be

submitted to the director. If the decision of the court is against the contestant, the director may withhold approval of any and all recycling and reuse projects submitted by the responsible person on any covered project(s) until the applicable administrative penalty has been paid, or the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in section 15.32.150.

(Ord. No. 345, 7-28-2010)

A.

Prior to recordation of a lien declared under this chapter in the amount of an unpaid administrative penalty, notice shall be given to the owner of the property to be subject to the lien and shall be served in the same manner as a summons may be served pursuant to section 415.10 et seq. of the Code of Civil Procedure.

B.

The lien shall attach upon recordation in the office of the county recorder. The lien shall specify the amount of the lien, the date of the violations, the date of the final decision, the street address (if any), legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

C.

In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall record a notice of the discharge containing the information specified in subsection B.

(Ord. No. 345, 7-28-2010)