Chapter 9.27 — UNATTENDED COLLECTION BIN PERMIT

This chapter regulates the size, number, placement, installation and maintenance of unattended collection bins, as is necessary to accomplish the foregoing purposes. The blight-related performance standards ensure that:

• A. Material is not allowed to accumulate outside of the unattended collection bins;

• B. Unattended collection bins remain free of graffiti and blight;

• C. Unattended collection bins are maintained in a sanitary condition;

• D. Unattended collection bins are not placed without the approval of property owners; and

• E. Contact information is readily available so that the city may contact UCB operators to address any blight-related questions or concerns.

• (Ord. 809 § 1 (part), 2017)

"UCB operator" or "operator" shall mean a person or entity who utilizes or maintains a UCB to solicit donations or collections of salvageable personal property.

"UCB permit" shall mean the city of Patterson's annually renewable permit required to place, operate, maintain, or allow a UCB within the city limits.

"Unattended collection bin" or "UCB" shall mean an unstaffed drop-off box, container, receptacle, or similar facility that accepts textiles, shoes, books or other salvageable personal property items to be used by the operator for distribution, resale, or recycling. (Ord. 809 § 1 (part), 2017)

No person shall place, operate, maintain, or allow an unattended collection bin on any real property unless the UCB operator obtains an annually renewable UCB permit from the city. A separate permit shall be required for each unattended collection bin location within the city. Unattended collection bins enclosed within a building shall not require a UCB permit. (Ord. 809 § 1 (part), 2017)

An application for an unattended collection bin shall be processed as ministerial action in accordance with this section. All applications filed with the planning department shall include the following:

• A. A statement signed by the property owner or agent and UCB operator stating that they will abide by all requirements described in this chapter.

• B. A nonrefundable application fee in an amount set by resolution.

• C. For existing unattended collection bins, a signed affidavit, under penalty of perjury, stating

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City of Patterson, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.27.040

§ 9.27.050

that the unattended collection bin existed at the location prior to adoption of this chapter.

• D. A signed authorization from the property owner or agent allowing placement of the unattended collection bin.

• E. A signed acknowledgment of responsibility from the parcel owner or agent and the UCB operator for joint and several liability of violations of this chapter and blight resulting from the unattended collection bin.

• F. For nonprofit UCB operators, evidence that the nonprofit is recognized by the Internal Revenue Service for tax exempt status and complies with California Welfare and Institutions Code Section 148 et seq.

• G. For for-profit operators, proof of an active business tax certificate with the city of Patterson.

• H. A dimensioned site plan showing the following:

  1. Location and dimensions of the parcel;

  2. Location of all buildings;

  3. Proposed unattended collection bin location; and

  4. Location and dimensions of all existing driveways, parking spaces, landscaping, pavement, and striping or markings.

• I. Elevations showing the appearance, materials, and dimensions of the unattended collection bin, including the information required in this chapter to be placed on the unattended collection bin.

• J. A description or diagram of the proposed locking mechanism of the unattended collection bin.

• K. Proof of general liability insurance of at least one million dollars covering the applicant's unattended collection bin and naming the city of Patterson as an additional insured.

• L. A maintenance plan, including graffiti removal, pick-up schedule, and litter and trash removal on and around the unattended collection bin, sufficient to prevent and eliminate blight-related conditions.

• M. Other information required by the planning department to evaluate the proposal for consistency with the requirements of this chapter.

• (Ord. 809 § 1 (part), 2017)

The planning department shall approve or deny an application within sixty days of the receipt of a completed application. If the planning department fails to take action on the application within the required sixty days, the application shall be deemed approved. Prior to approving or renewing an unattended collection bin permit, the planning department shall make the following findings:

• A. The applicant has submitted a complete and accurate application.

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City of Patterson, CA § 9.27.050

PATTERSON CODE

§ 9.27.080

• B. The property on which the unattended collection bin is to be located has been free of graffiti, as defined in California Government Code Section 53069.3(e), for at least three months prior to the submission of the application.

• C. The property on which the unattended collection bin is to be located has been free of any conditions constituting a public nuisance for at least three months prior to submission of the application.

• D. All existing unpermitted unattended collection bins have been removed.

• E. Any verified blight on the subject property has been abated.

• F. The proposal is consistent with the requirements of this chapter.

G. Any other finding deemed necessary by the planning department. Each UCB permit shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. A UCB operator may apply for permit renewal with the planning department at least one month prior to the expiration of the active UCB permit. (Ord. 809 § 1 (part), 2017)

UCB permits shall only be issued for unattended collection bins proposed on a lot that also contains a building with at least one operating business, or other ongoing activity. In no event shall an unattended collection bin be permitted in the following locations:

• A. Within any public right-of-way;

• B. Any area designated for landscaping; or

• C. Within five feet from any property line.

• (Ord. 809 § 1 (part), 2017)

• A. Unattended collection bins shall be fabricated of durable and waterproof materials and be placed only on ground paved with durable cement.

• B. Each unattended collection bin must have a tamper-resistant locking mechanism feature on the collection opening.

• C. The name, address, telephone number, and e-mail address of the UCB operator shall be conspicuously displayed on an unattended collection bin in at least two-inch type and must be visible from the front of the bin.

• D. The parcel containing the unattended collection bin shall display a sign with text in at least two-inch typeface stating that no material shall be left outside the unattended collection bin. This sign shall be installed at a visually conspicuous location within a radius of twenty feet from the unattended collection bin.

• (Ord. 809 § 1 (part), 2017)

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City of Patterson, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.27.080

§ 9.27.120

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

• B. Unattended collection bins shall be serviced not less than weekly between 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 or collected material and abatement of the blight described in this chapter.

• C. Each UCB operator shall maintain an active e-mail address and a twenty-four-hour telephone service with recording capability for the public to register complaints.

• D. Unattended collection bins cannot be used for the collection of solid waste or any hazardous materials.

• (Ord. 809 § 1 (part), 2017)

Unattended collection bin permits may not be transferred, conveyed or assigned to another person or entity.

(Ord. 809 § 1 (part), 2017)

• A. Permits issued under this chapter may be suspended or revoked for any of the following reasons:

  1. Fraud or misrepresentation in the application for the permit;

  2. Fraud or misrepresentation within the course of operating the unattended collection bin;

  3. Operating the unattended collection bin contrary to the provisions of this chapter; or

  4. Operating the unattended collection bin in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

• B. On suspension or revocation, the city shall deliver written notice to the UCB operator stating the action taken and the reason supporting such action. The written notice shall be delivered to the UCB operator's place of business or mailed to his or her last known address.

• (Ord. 809 § 1 (part), 2017)

Any person denied a permit or whose permit has been suspended or revoked may appeal by filing a written notice of appeal with the city council. The appeal must be filed within ten work days after receipt of the notice of denial, or suspension or revocation. The city council shall hear and determine the final appeal. The decision of the city council shall be final. (Ord. 809 § 1 (part), 2017)

Failure to comply with the provisions of this chapter shall constitute a public nuisance, which

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City of Patterson, CA

PATTERSON CODE

§ 9.27.120

§ 9.27.120

may be abated pursuant to Chapter 1.52. (Ord. 809 § 1 (part), 2017)

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City of Patterson, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.28.010

§ 9.28.030

VI CONSUMER PROTECTION