Chapter 6.20: SOLID WASTE REGULATIONS
- 6.20.010 Definitions
- 6.20.015 Declaration of policy
- 6.20.020 Collection and disposal; to be provided for and supervised by
- 6.20.021 Mandatory Participation
- 6.20.025 Solid Waste handling services; to be provided for and
supervised by Town
- 6.20.030 Recycling and solid waste processing services; to be provided
for and supervised by Town
- 6.20.035 Persons authorized to collect, transport or dispose of solid
- 6.20.040 Insurance required
- 6.20.045 Surety Bond Required
- 6.20.050 Contractor to indemnify and hold harmless the Town
- 6.20.055 Worker’s compensation insurance
- 6.20.060 Person’s authorized to provide recycling and process solid
- 6.20.065 Owner may contract for excess collection
- 6.20.070 Collection schedule
- 6.20.075 Collection hours
- 6.20.080 Contract fees
- 6.20.085 Fees to be based on types of occupancies; types of occupancies
- 6.20.090 Collection fees
- 6.20.095 Solid waste collection fee a debt
- 6.20.100 Collection procedure for delinquent accounts; creation of lien
- 6.20.105 Disposal, recycling and processing; locations and conditions
- 6.20.110 Disposal, recycling and processing, to be on same day as
- 6.20.115 Vehicle requirements
- 6.20.120 Container for solid waste
- 6.20.125 Uses for containers provided
- 6.20.130 Uses for container provided; condemnation
- 6.20.135 Container; removal and storage
- 6.20.140 Uses for container provided; hazardous waste not allowed
- 6.20.145 Solid waste; placement for collection
- 6.20.150 Container, manner of placement
- 6.20.155 Inspection and supervision
- 6.20.160 Placement of trash bins; screened
- 6.20.165 Information to be furnished to Finance Department by
contractor each month
- 6.20.170 Special permits in hardship cases
- 6.20.175 Violations of chapter declared a nuisance
- 6.20.176 Annual review
As used in this chapter:
(a) “Authorized recycling agent” means a person that the Town authorizes to collect its recyclables. An authorized recycling agent may be a municipal collection service, private solid waste hauler, private recycling enterprise or private nonprofit corporation or association.
(b) “Contractor” means any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the Town Council for the exclusive purpose of handling collecting, transporting and recycling solid waste or recyclables.
(c) “Curb Collection” means the collection of solid waste or recyclables placed in a location at curbside of a residence so as not to obstruct the flow of traffic.
(d) “Designated recycling collection location” means the place where an authorized recycling agent has contracted with the Town to pick up recyclables segregated from other waste material. Designated recycling collection location includes, but is not limited to, the curbside of a residential neighborhood, or the service alley or trash enclosure of a commercial enterprise.
(e) “Detachable container service” means the collection of solid waste and recyclables from a container serviced by mechanical means located at a commercial establishment where such material is produced, kept or accumulated.
(f) “Dwelling, single family” or “Single family dwelling” means a detached building designed for occupancy by one family and consisting of a single living unit.
(g) “Dwelling, multiple family” or “Multiple family dwelling” means a residential building designed for occupancy by more than one family and consisting of more than one living unit even when there is not more than one water meter on such premises, but excluding hotels, motels and other premises designed for transient occupancy.
(h) “Exclusive solid waste handling services” means any action by the Town, whether by franchise, contract, license, permit or otherwise whereby the Town itself or one or more other local agencies or solid waste enterprises has the exclusive right to provide solid waste or recyclables handling services of any class or type within all or any of the territory of the local agency.
(i) “Franchise” or “Contract fees” means a sum equal to 5% of the gross annual receipts.
(j) “Hazardous waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including “infectious waste”.
(k) “Health officer” means the Town Manager or his designated representative.
(l) “Industrial waste” means solid waste resulting from industrial processes and manufacturing operations including, but not limited to, wholesale and volume food processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes.
(m) “Municipal waste stream” means solid waste, recyclables and otherwise disposed of materials commonly found in general collection process systems within a municipal jurisdiction.
(n) “Processing” means the reduction, separation, recovery, conversion or recycling of solid waste or recyclables.
(o) “Property owner” means the person, persons, partnership or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternatively, from such other records of the County Assessor or Tax Collector as contain more recent information.
(p) “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(q) “Recyclables” means the materials segregated from the waste stream which can be processed and returned to the economic mainstream in the form of feedstock for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(r) “Recyclables handling” means the collection, transportation, storage and transfer of recyclables.
(s) “Recyclables handling services” means the collection, transportation, storage and transfer of recyclables for residential, commercial, institutional or industrial users or customers.
(t) “Segregated from other waste material” means any of the following:
(1) The placement of recyclables in separate containers;
(2) The binding of recyclables separately from other waste material;
(3) The physical separation of recyclables from other waste material.
(u) “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste as defined by the State or low-level radioactive waste. Solid waste does not include medical waste which has not been treated for disposal at a solid waste facility.
(v) “Solid waste disposal” means the final disposition of solid wastes onto land, into the atmosphere or into the waters of the State.
(w) “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services.
(x) “Solid waste handling” or “handling” means the collection, transportation, storage and transfer of solid wastes.
(y) “Solid waste handling services” means the collection, transportation, storage and transfer of solid wastes for residential, commercial, institutional or industrial users or customers.
(z) “Standard container” means a metallic or plastic can with a close-fitting cover, cover handle and side bails of 36 gallons or less gross capacity and weighing not more than 65 pounds when filled; or such other container as may be approved by the Town to be provided by the solid waste handling service and by the authorized recycling agent. (Amended per Ordinance 419 dated May 10, 2011).
6.20.015 Declaration of Policy.
(a) In compliance with State Legislation Assembly Bill 939 (1990), the Town shall recover, through recycling, 25% of its waste stream by 1995 and 50% by the year 2000. Following practice common to high volume recovery of recyclable commodities found in municipal waste streams, the Town must control the complete flow and thereby collect 100% of the municipal waste stream.
(b) The Town shall provide for solid waste handling services including, but not limited to, the collection, transfer and disposal of solid waste within the Town. The Town Council finds that to give practical effect to his policy, a comprehensive system for the periodic collection, removal and disposal of solid waste from all premises in the Town is essential and benefits all occupants of premises in the Town and, therefore, all such occupants, unless exempt, are made liable for the solid waste collection charges established by the Town Council for solid waste handling services.
(c) The Town may also provide for recycling and solid waste processing services which may include recycling of solid waste from any or all premises within the Town. The Town Council finds that provision of recycling and solid waste processing services benefits all occupants or premises in the Town and, therefore, all such occupants, unless exempt, are liable for recycling and solid waste processing service charges established by the Town Council for recycling and solid waste processing.
(d) It is further in the best interests of the public health, safety and welfare that solid waste and recyclables collection, transfer and disposal services within the Town be provided either by Town officers and employees directly or by exclusive contract with a qualified provider of such services. (Subsection (d) amended per Ordinance 419 adopted 5-10-11).
6.20.020 Collection and disposal; to be provided for and supervised by Town.
The Town shall provide for the collection and disposal of all solid waste and recyclables from all premises within the Town at least once each calendar week. Such provisions may be made either by letting a contract or franchise, with or without advertising for bids, for a period not to exceed six years with renewal periods not to exceed three years. The Town Manager shall have charge and supervision of such collection and removal of solid waste, recyclables, and any other waste materials from the various parts of the Town so as to conform to the provisions of this chapter and may change the same from time to time. When such routes or days of collection are established or changed, he shall give notice thereof in such manner as he deems best. Every person shall place and keep the same in such receptacles as are required in this Chapter. (Section amended per Ordinance 419 adopted 5-10-11).
6.20.021 Mandatory participation.
Every person who owns or who has the occupancy charge or control of any occupied residential household within the Town limits of the Town of Apple Valley must participate in the Town’s solid waste and recyclables handling services program as provided in this Chapter. This mandatory participation in the Town’s solid waste and recyclables handling services program is subject to either of the following limited variations from the provisions of this Chapter:
(a) Residential dwelling units during such period or periods in which they are continuously unoccupied for more than 60 consecutive days.
(b) Applicants issued permits authorizing variations from the provisions of this Chapter pursuant to Section 6.20.170 of this Chapter to the extent authorized under said permits (Added per Ord. 375 adopted 4-8-08; amended per Ord. 419 adopted 5-10-11).
6.20.023 Mandatory commercial recycling/diversion.
(a) For purposes of this section, “business” includes any firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. “Business” also includes a multi-family residential dwelling of five units or more.
(b) On or before July 1, 2012, any business generating four or more cubic yards of solid waste per week shall reuse, recycle, compost, or otherwise divert its commercial solid waste from disposal by taking one, or any combination, of the following actions:
(1) Source separate recyclable materials from the solid waste being discarded and subscribe with the Town’s franchise hauler for the pick-up of the recyclable materials separately from the solid waste to divert them from disposal.
(2) Source separate recyclable materials from the solid waste and self-haul them to the Victor Valley Materials Recovery Facility (MRF) or other mixed waste processing facility for diversion from disposal.
(i) Each business subject to this Section which does not subscribe with the franchise hauler for pick-up of its recyclable materials shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section to the Town Manager or his or her designee with satisfactory proof of acceptable levels of waste diversion.
(ii) To comply with Section 6.20.023(b), property owners of multi-family complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials as required by property owners of multi-family complexes subject to this Section.
(c) Nothing in this Section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its recyclable materials as provided by §41952 of the Public Resources Code.” (Added per Ord. 424 adopted 11-8-11).
6.20.025 Solid waste and recyclables handling services; to be provided for and supervised by Town.
(a) The Town shall provide for solid waste and recyclables handling services which shall include collection of all solid waste and recyclables from all premises within the Town as may be specified by agreement. The Town may determine all of the following:
(1) Compliance in disposal of solid waste and recyclables in a manner described herein shall be mandatory for all waste generators within the Town of Apple Valley.
(2) Aspects of solid waste and recyclables handling which are of local concern including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees and nature, location and extent of providing solid waste and recyclables handling services.
(3) Whether the services are to be provided by means of non-exclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the Town Council, the public health, safety and well-being so require, the authority to provide solid waste and recyclables handling services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables handling services.
(4) The Town Manager or his designee shall have charge and supervision of such solid waste and recyclables handling services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he shall give notice thereof in such a manner as he deems best. Every person shall place and keep solid waste material from any premise in the Town in receptacles as are required in this Chapter. (Amended per Ord. 419 adopted 5-10-11)
6.20.030 Solid waste and recyclables processing services; to be provided for and supervised by Town.
(a) The Town may provide solid waste and recyclables processing services which may include solid waste and recyclables from all premises within the Town. Such services may include designation of an authorized recycling agent. The Town may determine all of the following:
(1) Aspects of solid waste and recyclables processing which are of local concern including, but not limited to, recyclables segregation from other solid waste, designated solid waste and recyclables collection locations, level of services, charges and fees and nature, location and extent of providing solid waste and recyclables processing services;
(2) Whether the services are to be provided by means of non-exclusive franchise or contract, either with or without competitive bidding, or if in the opinion of the Town Council, the public health, safety and well-being so require the authority to provide solid waste and recyclables processing services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables processing services.
(3) The Town Manager shall have charge and supervision of authorized solid waste and recyclables processing services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he shall give notice thereof in such manner as he deems best. Every person in the Town shall place solid waste and recyclables in such designated receptacles as are required in this Chapter for collection at designated solid waste and recyclables collection locations. (Amended per Ord. 5-10-11).
6.20.035 Persons authorized to collect, transport or dispose of solid waste and recyclables.
The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables handling services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables handling services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the Town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste or recyclables from their construction sites; or
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person; or
(c) Any person removing industrial wastes or industrial recyclables, as defined in Section 6.20.010; or
(d) Any person removing large or oversized items of solid waste or recyclables from their premises; or
(e) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(f) Any person may recycle his or her own recyclables generated within his or her principle residence to the extent permitted by law. (Amended per Ord. 419 adopted 5-10-11).
6.20.040 Insurance Required:
(a) The contractor shall provide the Town Clerk with certificates from insurance companies, acceptable to the Town Manager, showing that the Town is named as an additional insured, that the insurance is primary and not contributing with any other insurance available to the Town and that the liability coverage provides the following minimum limits:
1. Bodily injury $10,000,000.00 each person
$10,000,000.00 each occurrence;
2. Property Damage $10,000,000.00 each person
$10,000,000.00 each occurrence; or
3. Combined single $10,000,000.00 aggregate bodily limit injury and property damage.
(b) Such insurance shall be in full force and effect during the terms of the contract.
(c) The Town reserves the right to increase the amounts of insurance consistent with the terms and conditions of contract, and the contractor shall immediately comply with said increase.
6.20.045 Surety Bond Required. The contractor who contracts with the Town for the removal and disposal of garbage, rubbish and swill shall be required to furnish a surety bond to the Town in the sum of Twenty-five Thousand Dollars ($25,000), conditioned upon the faithful performance of the contract and the provisions of this Chapter, to collect all garbage, rubbish and swill in the Town and transport the same through the streets and public ways of the Town to such destination as provided in this Chapter.
6.20.050 Contractor to indemnify and hold harmless the Town. The contractor shall indemnify and hold harmless the Town, its officers, agents and employees for and from any and all claims, losses, liabilities, demands, actions or suits of every kind or nature arising or resulting from the contract, excepting Town take-over and operation of contractor’s equipment, or any operation of the contractor hereunder or in exercising any license or privilege granted to him by the contract or by an ordinance of the Town. Contractor shall upon demand of the Town, at his sole cost and expense and with attorneys selected by the Town, provide a defense for the Town and its officers, agents, and employees against any and all claims, actions or suits brought against the Town or its officers, agents and employees arising or resulting from or in any connection with the operations of contractor pursuant to the contract.
6.20.055 Worker’s Compensation Insurance. The contractor and his subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker’s compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California and any other applicable law. Certificates of such insurance, subject to approval by the Town Attorney, shall be filed with the Town Clerk. Said certificate shall provide that the Town shall be given 30 days written notice by certified or registered mail prior to cancellation.
6.20.060 Persons authorized process solid waste and recyclables.
The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables processing services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables processing services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste and recyclables from their construction sites;
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person, for the purpose of composting;
(c) Any person removing industrial waste or industrial recyclables as defined in Section 6.20.010 or any person removing large or oversized items of solid waste or recyclables from their premises; or
(d) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(e) Any person may recycle his or her own recyclables generated within his or her principal residence to the extent permitted by law. (Amended per Ord. 419 adopted 5-10-11).
6.20.065 Owner may contract for excess collection. Any owner or occupant of any premises may contract with the contractor for special services for handling solid waste and recyclables in excess of regular services. (Amended per Ord. 419 adopted 5-10-11).
6.20.070 Collection schedule. All solid waste and recyclables shall be collected and removed at least weekly. All solid waste accumulated in hotels, restaurants and markets within the Town shall be collected and removed at least twice weekly. (Amended per Ord. 419 adopted 5-10-11).
6.20.075 Collection hours. All solid waste and recyclables collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution. (Amended per Ord. 419 adopted 5-10-11).
6.20.085 Fees to be based on types of occupancies; types of occupancies defined. The fees to be paid for solid waste handling services and recycling services shall be placed on the type of occupancy and use of the place or premises in the Town. The different occupancies and uses are defined as follows:
(a) “Commercial use” is premises upon which is located at any type of business requiring a business license under the provisions of this Code or other ordinances of the Town and multi-family dwelling units.
(b) “Residential use” is premises upon which is located only one dwelling unit. (Amended per Ord. 419 adopted 5-10-11).
6.20.090 Collection fees.
(a) The property owner or owners of record of any place or premises within the Town, where any solid waste or recyclables accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such solid waste or recyclables collected and removed from the place or premises. Any account set up and maintained for the collection of solid waste and recyclables collection fees contemplated by this chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.
(b) Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of solid waste and recyclables collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record's obligation to the contractor or the Town for the refuse collection fees.
(c) All solid waste and recyclables collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council. (Amended per Ord. 419 adopted 5-10-11).
6.20.095 Solid waste and recyclables collection fee a debt. The solid waste and recyclables collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or premises within the Town where any solid waste and recyclables accumulate. If an invoice for solid waste and recyclables collection service is unpaid 60 days after mailing, a penalty of ten percent (10%) shall be charged and an additional 1-1/2% (one and one-half percent) per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.” (Amended per Ord. 419 adopted 5-10-11).
6.20.100 Collection Procedure for Delinquent Accounts -- Creation of Lien. Any fees authorized pursuant to Section 6.20.090 which remain unpaid after the delinquent date as set forth in Sections 6.20.095 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent solid waste handling and recycling fees to be prepared periodically. The Council shall fix a time, date and place for hearing the report and any objections or protests thereto.
(b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than fifteen (15) days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.”
(d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Town ad valorem property taxes shall be applicable to such assessment. . (Amended subsection b and c per Ord. 419 adopted 5-10-11).
6.20.105 Disposal, recycling and processing; locations and conditions. All solid waste and recyclables collected in the Town for disposal, recycling or processing shall be delivered by the contractor to such locations and under such conditions as the Town Council may designate. (Amended per Ord. 419 adopted 5-10-11).
6.20.110 Disposal, recycling and processing; to be on same day as collection. Solid waste shall be delivered to the place provided for the disposal thereof, as provided for in this Chapter, on the same day that such solid waste is collected.
6.20.115 Vehicle requirements. All solid waste shall be transported in metal lined containers that are leak proof and so constructed as to prevent solid waste from falling, leaking, spilling or escaping or any odor therefrom. The solid waste, from the time that the last pickup of the solid waste is placed upon the truck and to the point of disposal, shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of solid waste shall be washed at least once a week and steam-cleaned once a month and kept in a well-painted condition. All solid waste shall be removed, conveyed and disposed of in such a manner as not to be a nuisance, menace or danger to the public peace, health and safety and shall be in accordance with any rules or obligations as provided by the Town Council. (Amended per Ord. 419 adopted 5-10-11).
6.20.120 Container for solid waste. The Town shall provide a watertight container for holding solid waste and recyclables. It shall be the responsibility of the resident to maintain containers provided by the Town. Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals, from coming into contact with contents. No container shall have irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. Such receptacles shall be standard containers as defined in Section 6.20.010. Handling of solid waste and recyclable containers where weight limits are exceeded shall be made in accordance with special rules and regulations provided by resolution of the Town Council. It shall be the duty of every person served to keep the receptacles used in the service of such person in a clean and sanitary condition. (Amended per Ord. 419 adopted 5-10-11).
6.20.125 Uses for containers provided. The Town shall provide two or more containers for the expressed and respective purpose of recycling and disposal of solid waste. The container for recyclables shall be identified by color. Recyclables shall be placed in a commingled fashion and may include, but not limited to, all rigid plastic containers, glass jars, all paper, newsprint and glossy paper, cardboard, tin cans and aluminum. All solid waste shall be placed in a separate container designated by color for disposal. (Amended per Ord. 419 adopted 5-10-11).
6.20.130 Uses for containers provided, condemnation. If the provisions of Sections 6.20.120 and 6.20.125 are not fully complied with, the collector shall place a red tag on the container. No collection shall be made therefrom until such container is fully cleaned, sanitized or otherwise repaired. (Amended per Ord. 419 adopted 5-10-11).
6.20.131 - Added per Ord. 123; deleted per Ord. 128, adopted 11-09-93
6.20.135. Container; removal and storage.
(a) Pursuant to California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5, Section 17331(H), all refuse created, produced or accumulated in or about a residential unit in the Town shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect to provide for the removal of solid waste at least as often as prescribed in this section. Each day’s violation of this section shall be treated and considered as a separate and distinct offense.
(b) It is unlawful and a misdemeanor for any person to burn, bury or dump solid waste within the Town at any time unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the Town Council and/or the agency providing fire protection services within the Town.
(c) Pursuant to California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5, Section 17331(H), it is unlawful and a misdemeanor for any person to store or accumulate any refuse in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows:
(1) Solid waste shall not be stored or accumulated for a period of time in excess of one week (seven days). (Amended per Ord. 419 adopted 5-10-11).
6.20.140 Uses for container provided; hazardous waste not allowed. It is unlawful for any person to deposit hazardous waste or household hazardous waste, as defined by the State, in any container to be collected for disposal by the Town’s solid waste handler. The Town’s solid waste handler shall not provide solid waste handling for any hazardous waste or household hazardous waste.
6.20.145 Solid waste; placement for collection. (Entire Section repealed Ordinance 245 10/9/2001).
6.20.150 Container; manner of placement. Each solid waste container shall be kept or placed in the following manner: It shall be kept on the premises of the person receiving the contained. It shall be placed for collection as follows: On the curb (or at the street) in front of the premises occupied by the person placing the same or on the curb (or at the street) at the side of the premises where the premises are adjacent to more than one street. Each container containing solid waste shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to so commence in the district in which the premises are located for this period, and shall not be placed earlier than 12 hours prior to the time that the collection is scheduled to so commence and shall not remain when placed at the curb for more than 12 hours after the time of collection. (Amended Ordinance 245 10/9/2001).
6.20.155 Inspection and supervision. It shall be the duty of the Town Manager, or his designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.
6.20.160 Placement of trash bins; screened.
A. All trash bins and enclosures shall be located out of easement areas, public rights of way, and the clear sight triangle.
B. Trash bins and enclosures shall not be located in a manner that requires
the waste handier to park perpendicular to the roadway while emptying the bins.
C. All trash bin and enclosure locations must be approved and built to Town standards.
D. Every person utilizing bin service shall sign a liability waiver form.
E. Paved access shall not be required. However, when the bin cannot be serviced because of inadequate access, the bin may be replaced with carts or paving may be required.
F. Failure to comply with the provisions of this ordinance shall result in the removal of the bin and placement of carts at a minimum ratio of one green trash cart and one blue commingled recycle cart per residential unit.
G. In the event that a property has adequate space and access, a bin may be left unenclosed and placed behind the structure where it is not visible from the frontage street.
H. Commercial/Industrial Use.
1. Existing commercial or industrial use property shall be evaluated with each tenant improvement application to determine if an intensification of use is to occur. Upon the determination of an intensified and/or expanded use, then a masonry block enclosure will be required to be installed to the Town standards prior to the issuance of a Certificate of Occupancy.
2. in the event there is inadequate land area behind the structure or paved access does not exist for the placement of bins and/or enclosures behind the setbacks, approval may be applied for to place a bin enclosure within the required setback.
I. Multiple family residential use.
1. All existing multiple family residential property shall be required to enclose bins per Town standards.
2. Gates shall not be required on enclosures that are constructed perpendicular to the roadway.
3. In the event there is inadequate land area behind the structure or paved access does not exist for the placement of bins and/or enclosures behind the setbacks, approval may be applied for to place a bin enclosure within the setback.
4. As an alternative to property constructed and located bin enclosures, multiple family residential property may use carts provided by the waste hauler at a minimum ratio of one green trash cart and one blue commingled recycle cart per residential unit. The Town Manager or his designee may, upon petition by the property owner, consider alternative numbers of the blue recycling carts.
5. For multiple family residential developments, annual inspections of compliance will occur at the time of the Property Maintenance Inspection conducted by the Town.
J. Single Family Residential Use.
1. Single family residential use properties utilizing bin/dumpster service
shall be required to maintain the bin in compliance with this code. The bin shall not be stored on the frontage street or directly in front of the residence, except as allowed by paragraph (c ) below: (Amended per Ordinance 334, 2/13/07)
a. Single family residential properties less than two and one-
half acres shall be required to locate the bin in accordance with one of the following:
(1) The bin may be located behind the residence.
(2) The bin may be located against the residence wall or a garage wall;
(3) The bin may be located so that it abuts the front setback.
b. Single family residential properties two and one-half acres or more may place the bin, with an enclosure, in front of the residence and in compliance with this code.
c. For purpose of this section, a legal nonconforming use is one which lawfully existed prior to the effective date of this sub-paragraph c. The continuance of the legal nonconforming use will be allowed for any single family residence with an existing enclosure constructed prior to February 26, 1998. If a legal nonconforming use is discontinued for thirty (30) consecutive days or longer, it shall lose its legal nonconforming status hereunder.
2. Single family residential use properties that locate the bin behind the structure shall move the bin to the front of the property on collection day and replace it behind the structure after it is emptied.
3. Nothing in this section shall be construed to relieve bin service customers from required recycling using the blue recycling barrels in accordance with Section 6.20.015 (c) of this chapter.
K. Minimum Clearance.
All trash bins are required to be located a minimum of five feet from all combustible construction.
L. New Construction.
Nothing in this Ordinance shall nullify or supersede an ordinance or standard for enclosures for bin placement for new construction. The placement of trash containers and enclosure standards herein shall apply to existing commercial, industrial, multiple residential, and single family residential properties.
M. Authority and Enforcement.
The provisions of this Chapter shall be enforced by the Town Manager or designee.
N. Removal Frequency.
The Town Manager or his designee may require a greater number of
collections per week or larger capacity bin(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created by adhering to the minimum collection frequency.
O. Violations and Penalties.
Any person who violates any provision or fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Section 1.01.200 through Section 1.01.230 Chapter 1.01 of Title 1 of this Code.
((Ord. # 123, 1993., amended Ord #128 adopted 11-09-93; amended Ord. 150, adopted 6-27-95, operative 07-01-96; Amended Ord. 156, adopted 11-14-95; Entire Section 6.20.160 amended per Ord. 191, adopted 01-27-98; amended per Ord. 375 adopted 4-8-08)
6.20.165 Information to be furnished to Finance Department by contractor each month.
(a) It shall be the duty of the Town’s solid waste handling services contractor to furnish, on or before the fifteenth (15th) day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all commercial accounts will include size and number of containers and the scheduled number of pickups per week.
(b) It shall be the duty of the Town’s authorized recycling agent contractor to furnish, on or before the fifteenth (15th) days of each calendar month, to the Finance Department or to other proper officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter.
In addition, all commercial accounts will include type and quantity of materials diverted for each previous month. Type and quantity of materials diverted from all other accounts for each previous month also shall be reported.
6.20.170 Special Permits in Hardship Cases. Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premises, the Town Manager may issue special written permits authorizing variations from the provision of this Chapter subject to satisfying the requirements below so that the spirit of this Chapter shall be observed, public health and safety secured and substantial justice done.
(a) Financial. Any owner or occupant of a single family residence may be eligible for a reduction in fees associated with the solid waste collection and disposal program upon satisfying the following criteria:
(1) Complete and submit a Town of Apple Valley Financial Hardship Application along with a copy of the most recent Southwest Gas or Southern California Edison bill showing eligibility for a current financial hardship status.
(2) The approved applicant will be eligible to receive solid waste collection at the reduced bi-monthly hardship rate for a period of 1 year. The application will automatically expire after 1 year. It will be the responsibility of the applicant to submit a Town of Apple Valley Financial Hardship application annually to avoid interruption of the reduced hardship rate.
(b) Physical Hardship Exemption. An applicant may be exempted from the provisions of the solid waste collection and disposal ordinance requiring placement of solid waste and recyclables barrels at curbside or roadside upon a showing and/or certification by a physician of a physical condition which would not allow the applicant to carry or otherwise transport such barrels from the dwelling unit to the curb or roadside. In the event such exemption is granted, arrangements will be made by the trash collection contractor to collect the solid waste and recyclables at the dwelling unit
(c) Other. An applicant may be exempted from collection and disposal fees where other special circumstances exist under which the Town Manager finds that the criteria and purposes contained in this section are met. (Amended per Ordinance 311 dated 4-25-06; Amended per Ordinance 419 adopted 5-10-11).
6.20.175 Violations of Chapter Declared a Nuisance. All violations of any portion of this Chapter are declared to be a nuisance and may be abated as such in the manner provided by law.
6.20.176 Annual Review. The Town Council will annually review the Town’s recycling program and activities, including performance of recycling and solid waste processing services including contractors, franchises and authorized recycling agents.(Entire Chapter 6.20 added per Ord. 34, adopted 08-15-89; Entire chapter amended per Ord. #128, adopted 11-09-93)Chapter 6.30: NUISANCES
- 6.30.010 Definitions
- 6.30.020 Purpose
- 6.30.030 Unlawful nuisances
- 6.30.040 Abatement of public nuisance generally
- 6.30.050 Notification of nuisance
- 6.30.060 Administrative hearing to abate nuisance
- 6.30.070 Notice of hearing
- 6.30.080 Administrative hearing by Town Manager
- 6.30.090 Abatement procedure in absence of appeal
- 6.30.100 Appeal procedure--Hearing by Town Council
- 6.30.110 Decision by Council
- 6.30.120 Service of order to abate
- 6.30.130 Hearing procedure before Town Manager and Council
- 6.30.140 Abatement by Town
- 6.30.150 Filing of judicial action--Limitation
- 6.30.160 Demolition authorized when
- 6.30.170 Notice of intent to demolish
- 6.30.180 Record of cost of abatement
- 6.30.190 Protests and objection
- 6.30.200 Hearing of protests
- 6.30.210 Special assessment and personal obligation
- 6.30.220 Assessment lien
- 6.30.230 Abatement proceedings costs--Collection
- 6.30.240 Emergency abatement--Authority--Notice
- 6.30.250 Emergency abatement--Notice to Town Council
- 6.30.260 Alternative actions available--Violation an infraction
- 6.30.270 Violation and penalties--Enforcement authority
As used in this chapter:
(a) Back yard means that portion of property between a building and the back property line.
(b) Building means any house, garage, duplex, apartment, condominium, stock cooperative, and other residential and nonresidential structures.
(c) Driveway means the vehicular accessway between the street and the garage or carport.
(d) Front yard means that portion of property between the street and a building.
(e) Owner means any person owning property, as shown on the last equalized assessment roll for Town taxes or the lessee, tenant or other person having control or possession of the property.
(f) Person means any individual, partnership, corporation, association or other organization, however formed.
(g) Property means (a) all nonresidential zoned real property and any building located on such property (referred to as “nonresidential property”), and (b) front yards, the unfenced portions of side yards, the unfenced portion of back yards of corner lots, driveways, walkways and sidewalks of all residential real property and shall include any building located on such property (referred to herein as “residential property”).
(h) Public Nuisance means a thing, act, occupation, condition or use of property which shall continue for such length of time as to: substantially annoy, injure or endanger the comfort, health, repose or safety of the public; in any way render the public insecure in life or in the use of property; greatly offend the public morals or decency; unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, or other public way or the use of public property.
(i) Side yard means that portion of property between a building and the side property line.
(j) Town means the Town of Apple Valley.
(k) Town Manager means the Town Manager or a designee.
(l) Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Chapter 6.30.10 amended per Ordinance No. 302, adopted 10-25-05)
Blight, consisting of fire hazards, polluted air and water, abandoned vehicles and improperly maintained property, among others, creates an unsightly appearance, creates a hazard to the public health, safety and welfare, and is a nuisance. It is hereby declared to be in the public interest to promote the public health, safety and welfare of the residents of the Town of Apple Valley by providing a procedure for the abatement of nuisances which shall be in addition to all other procedures allowed by this code or any other manner provided by law.
6.30.030 Unlawful Nuisances
Each and every one of the following conditions or acts is declared to be a nuisance:
A. Fire Hazards. Dry or dead shrub, dead tree, combustible refuse and waste or any material growing upon a street, sidewalk or private property within the Town which constitutes a fire hazard to a building, improvement, crop or which, when dry, will in reasonable probability constitute a fire hazard;
B. Hazardous Obstructions. An obstacle, landscaping or object installed, planted or maintained within the sight triangle corner setback area reaching a height higher than 30 inches above the nearest street elevation. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable building and zoning regulations, public utility poles, trees trimmed at the trunk at least six feet above the level of the ground surface provided trees are spaced so that trunks do not obstruct the vision of motorists;” (Section B – Amended per Ordinance 302 adopted 10-25-05)
C. Polluted Water. A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, pond or other body of water, which includes but is not limited to bacterial growth, including algae, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition;
D. Public Burning. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized;
E. Refuse and Waste. Refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. “Refuse and Waste” means unused or discarded matter and material having no substantial market value and which consists of such matter and material as rubbish, refuse, debris and matter of any kind including, but not limited to rubble, asphalt, concrete, plaster, tile, rocks, brick, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of ferrous or nonferrous metal, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles and barrels;
- Animal Waste. All animal waste must be cleaned up every seventy-two hours, excluding all large animal waste (i.e., horses, cattle, sheep) which will be required to be cleaned up once a week.
F. Maintenance of Property. It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this Town to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon;
- Buildings, which are abandoned, boarded up, partially destroyed or left in a state of partial construction for a period of more than thirty days.
a. A building may be boarded up when special circumstances are present. This could include planned demolition of the structure or rehabilitation. This provision shall only apply when the boards have been painted to match the existing structure. If at any time the boards are removed or the paint is not maintained (fades, chips, peels . . .) this provision may be revoked.
- Unpainted buildings or portions of buildings or structures causing dry rot, warping and termite infestation,
- Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief,
- Overgrown vegetation:
a. Causing detriment to neighboring properties or property values or causing a hazardous condition to pedestrian and/or vehicular traffic, or
b. Likely to harbor rats, vermin and other nuisances,
- Dead trees, weeds and debris:
a. Constituting unsightly appearance, or
b. Dangerous to public safety and welfare, or values,
c. Detrimental to nearby property or property
- Stored vehicles or trailers, campers, boats and other objects parked or stored in a manner which extends or otherwise encroaches over, under or upon the Town’s right-of-way.
- Any vehicle or trailer containing any advertising matter, words, symbols or pictures, parked whether on public or private property, for the primary purpose of advertising or directing attention to a business or vehicle for sale. Exception: This chapter shall not apply to one (1) vehicle, which is parked legally on the vehicle owner’s occupied residential property or commercially zoned properties licensed for vehicle sales. Any person in violation of this Condition 7 of Paragraph F of Section 6.30.030 may be issued a parking citation, and the fine for that infraction shall be fifty dollars ($50). (Item 7 of Section F amended per Ordinance 302, adopted 10-25-05)
- Operative vehicles parked or stored on the premises shall be limited to six (6) vehicles per single-family residential lot. The vehicles must be operative at all times and in compliance with Chapter 11.80 of the Town of Apple Valley Municipal Code. All vehicles located in the front yard area between the front of the home and the public right-of-way must be parked on a driveway or on a concrete, asphalt or gravel parking surface. The following shall be exceptions to this provision and will not be included in the maximum vehicles permitted as described in this section:
a. Vehicles completely screened from public view by a wooden fence, concrete block wall, brick wall, or chain link fence with approved screening materials, in accordance with Chapter 6.30.030 F.15.e. of the Town of Apple Valley Municipal Code or solid landscaping that completely screens the vehicle from view, provided the vehicles are located behind the structure;
b. Vehicles provided to the resident that are owned by the resident’s employer and used by the resident for business. This exemption shall not apply to vehicles related to a Home Occupation Permit.
c. Operable motorcycles and mopeds;
d. Vehicles owned by visitors to the property that will be parked for less than twenty-four hours.
e. Vehicles located in an enclosed garage are not included in the maximum number of vehicles.
- Attractive nuisances dangerous to children in the form of:
a. Abandoned and/or broken equipment,
b. Hazardous pools, ponds and excavations,
c. Neglected machinery, broken or discarded furniture and household equipment, stoves, refrigerators, freezers, cans, packing boxes and similar debris,
d. Any attractive nuisance which is potentially detrimental to children whether in a building, on the premises of a building or upon an unoccupied lot or parcel. This includes, but is not limited to, any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors,
- Broken or discarded furniture and household equipment in visible yard areas,
- Clothesline or clothes hanging in front yard areas,
- Packing boxes and other debris stored in yards and visible from public streets,
- Toxic materials, hazardous waste or chemicals that are improperly or unlawfully stored, which includes the disposal of sewage, human excrement or other liquid waste in any place or manner,
- Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480,
- Property including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:
a. Lumber, junk, trash or debris,
b. Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers,
c. Stagnant water or excavations,
d. Any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location,
e. Fences shall be maintained using approved fencing material. Approved screening material to shield, conceal or hide shall consist of solid block, stucco, wood slat fencing and chain link fencing with plastic, wood or metal inserts. Materials including, but not limited to, plywood, particleboard, garage doors, plastic tarps or canvas are prohibited screening materials. All fences shall be in compliance with Section 9.08.1300 Walls and Fences of the Town of Apple Valley Development Code.
f. Permitting or allowing any graffiti to remain on any building, wall, fence or structure,
- Any building, driveway or structure which has any of the following conditions or defects:
a. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit,
b. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this code for a new building or similar structure, purpose or location,
c. Whenever any portion or member or appurtenance thereof is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property,
d. Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Uniform Building Code without exceeding the stresses permitted in the Uniform Building Code,
e. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in new construction,
f. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to completely collapse or some portion of the foundation or underpinning is likely to fall or give way,
g. Whenever, for any reason whatsoever, the building or structure, or any portion thereof is unsafe for the purpose for which it is used,
h. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,
i. Whenever any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure, of the building regulations of this Town as set forth in the Uniform Building Code, or Uniform Housing Code or of any law or ordinance of this state or Town relating to the condition, location or structure of buildings,
j. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within,
k. Whenever any building or structured used, or intended to be used, for dwelling purposes has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within,
l. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause,
m. Any building which meets the definitions of a sub-standard building in § 17920.3 of the Health & Safety Code.” (Effective 3-15-07)
n. Any building that does not have the exterior fire resistive requirements of the Uniform Building Code,
o. Buildings or structures maintained in violation of Section 203(a) of the Uniform Building Code of the Town,
p. Any curb, gutter, sidewalk or driveway which is debilitated, broken damaged or raised one-half inch or more above the surrounding grade.
(Amended per Ordinance 333 adopted 2-13-07)
6.30.040 Abatement of Public Nuisance Generally
Any property found to constitute a public nuisance in violation of Section 6.30.030 may be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the Town from enforcing other Town ordinances or abating public nuisances in any other manner provided by law.”
6.30.050 Notification of Nuisance
A. Whenever the Town Manager, or a designee thereof, determines that all or any part of any real property within the Town is being maintained contrary to one or more of the provisions of Section 6.30.030, he shall give written notice (notice to abate) to the owner(s) of said property of the violation(s) or public nuisance conditions (hereafter collectively the “nuisance”). A notice to abate shall contain the following information:
- The names and addresses, according to county assessor records, of each owner. When applicable pursuant to Section 6.30.050 (d), the notice shall recite similar information for interested persons.
- The street address and assessor parcel number for the real property on which the nuisance exists.
- A description of each condition or violation constituting a nuisance on the real property. Applicable sections of the Town Municipal Code shall be included. Omission of any such section shall not invalidate the notice.
- A description of the corrective method(s) proposed or required for abatement or termination of the nuisance. If Town approvals, licenses, or permits are required, they shall be identified in the notice. Omission of any such approval, license, or permit shall not invalidate the notice.
- The deadline or deadlines for completion of the corrective method(s) and to pass all required Town inspections of the real property.
- A recital that it is unlawful to cause, permit or allow a nuisance to exist and that the owner may incur substantial sanctions and other consequences if the nuisance is not promptly and fully corrected or otherwise abated.
B. The notice may be served upon the owner(s) in person, by first class mail, or by certified mail to their last known address according to county assessor records. Service shall be deemed complete at the time notice is personally served or deposited with the U.S. Postal Service. Failure of any person to receive the notice to abate shall not affect the validity of any proceedings hereunder.
C. The notice to abate may contain the Town’s election to establish the right to abate a nuisance with Town or contract forces. In this event, the notice shall also contain the following recital:
“The Town has elected to establish the right to abate a nuisance with Town or contract forces. If you object to the determination of a nuisance, or to the proposed method(s) of its abatement, in this notice, you may tender a request for a hearing on a Town approved form to the Town Clerk’s Office at Town Hall within ten (10) calendar days of the date of service of the notice to abate. There is no fee for filing this request. Failure of the Town Clerk to receive a request for hearing from an owner of the subject real property in a timely manner shall constitute a waiver of the right to a hearing. In this event, the determination of a nuisance and the method(s) of its abatement in this notice shall be final and the Town may cause abatement thereof. If a nuisance is abated by Town or contract forces, all personal property and any demolition debris involved in the abatement action at the subject real property may be removed therefrom and discarded or destroyed without regard to its salvage or other value. Recovery of the Town’s abatement costs for the nuisance shall be sought pursuant to Section 6.30.180 and other sections of Chapter. 6.30 of the Town Code.”
D. If abatement of a nuisance includes the possible demolition of a permitted building or other structure by Town or contract forces, the notice to abate shall also be served upon lienholders and other interested persons with recorded instruments that are on file with the San Bernardino County Recorder’s Office as of the date of the notice to abate.
E. Establishment of the Town’s right to abate a nuisance with Town or contract forces shall not obligate the Town to do so.
F. Owners or other interested persons shall not be entitled to a hearing pursuant to Chapter 6.30 if the Town elects instead to exercise its criminal or civil and injunctive remedies to cause the abatement of a nuisance, whereupon owners or interested persons are entitled to receive a hearing and other due process rights in court. Nothing contained in this subsection shall prevent the Town, in its sole discretion, from nevertheless voluntarily undertaking the administrative hearings set forth in
this Chapter concerning any nuisance.”
6.30.060 Timely Request; Right to Administrative Hearing
In the event the Town Clerk receives a timely request for a hearing as a result of the Town’s election pursuant to Section 6.30.050 (c), the Town Manager, or a designee thereof, shall conduct an administrative hearing to confirm the existence of a violation or public nuisance and the method(s) of its abatement.”
6.30.070 Notice of Hearing
A. Notice of hearing before the Town Manager, or a designee thereof, shall be served upon the owner(s), and other interested persons, where applicable pursuant to Section 6.30.050 D, not less than seven calendar days before the date fixed for hearing. This notice may be served in person, by first class mail, or by certified mail to the address(es) of the owner(s) or other interested persons as recited in the request for a hearing. Service shall be deemed complete at the time the notice of hearing is personally served or deposited with the U.S. Postal Service. Failure of any person to receive a notice of hearing shall not affect the validity of any proceedings hereunder. The notice shall contain the date, location, address and time of the hearing, as well as the following recitals:
- That the hearing is informal and technical rules of evidence do not apply.
- That owners or interested person(s) may bring an interpreter to the hearing at their sole expense.
B. The Town Manager, or a designee thereof, may continue the hearing with notice to owners or interested persons of the new date, location, address and time thereof.
C. Failure of the owner(s) or interested person(s) to attend a hearing shall constitute a withdrawal of the request and a waiver of the right to a hearing. In this event, the determination of a nuisance and the method(s) of its abatement in the notice to abate shall be final and the Town may cause abatement thereof.
6.30.080 Administrative Hearing by Town Manager or a Designee Thereof
A. At the time stated in the notice, the Town Manager or designee shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.
B. If the Town Manager or designee finds that such public nuisance does exist and that there is a sufficient cause to rehabilitate, demolish, remove or repair the same, the Town Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 6.30.100. A copy of the findings and order shall be served on all owners of the subject property in accordance with the alternative methods stated in Section 6.30.070 and, when applicable under Section 6.30.050 (d), upon other interested persons. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.
6.30.090 Abatement Procedure in Absence of Appeal
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the Town Manager may cause the same to be abated by Town employees or private contract. The costs shall be billed to the owner, as specified in Section 6.30.140. The Town Manager or representative is expressly authorized to enter upon said property for such purposes.
6.30.100 Appeal procedure--Hearing by Town Council
A. The owner may appeal the Town Manager’s or designee’s findings and order to the Town Council (“Council”) by filing an appeal with the Town Clerk within seven calendar days of the date of service of the Town Manager’s or designee’s decision. The appeal shall contain:
- A specific identification of the subject property;
- The names and addresses of all appellants;
- A statement of appellant’s legal interest in the subject property;
- A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
- The date and signatures of all appellants; and
- The verification of at least one appellant as to the truth of the matters stated in the appeal.
(Section 6.30.040 through 6.30.100 amended per Ordinance 302, adopted 10-25-05)
6.30.110 Decision by Council
Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty days. The decision and order of the Council shall be final.
6.30.120 Service of Order to Abate
A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the alternative methods stated in Section 6.30.070. Upon abatement in full by the owner, the proceedings hereunder shall terminate.”
(Section 6.30.120 amended per Ordinance 302, adopted 10-25-05)
6.30.130 Hearing Procedure Before Town Manager and Council
A. All hearings shall be tape recorded.
B. Hearings need not be conducted according to the technical rules of evidence.
C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
D. Oral evidence shall be taken only on oath or affirmation.
E. Irrelevant and unduly repetitious evidence shall be excluded.
6.30.140 Abatement by Town
A. If such nuisance is not abated as ordered within said abatement period, the Town Manager shall cause the same to be abated by Town employees or private contract. The Town Manager or representative is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs incurred in documenting the nuisance; the actual expenses and costs of the Town in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
B. A person shall not obstruct, impede or interfere with the Town Manager, or his representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to Section 6.30.080 and 6.30.110.
C. In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or title of the Town of Apple Valley Municipal Code, pursuant to Government Code Section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees. (Section C Added per Ordinance 311 dated 4-25-06)
6.30.150 Filing of Judicial Action--Limitation
Any action appealing the Council’s decision and order shall be commenced within thirty calendar days of the date of service of the decision.
6.30.160 Demolition Authorized When
No property shall be found to be a public nuisance under Section 6.30.030 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.
6.30.170 Notice of Intent to Demolish
A copy of any order or resolution requiring abatement by demolition under Section 6.30.080 or 6.30.120 shall be forthwith recorded with the San Bernardino County Recorder.
6.30.180 Record of Cost of Abatement
The Town Manager or his or her designee shall keep an account of the cost, including incidental expenses, of abating the nuisance(s) on each separate lot or parcel of land where the work is done by the Town or under private contract and shall create an itemized statement in writing showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto.
A. The Record of Cost of Abatement shall contain the following information:
- The names and addresses, according to county assessor records, of each owner. When applicable pursuant to Section 6.30.050 D, the notice shall recite similar information for interested persons.
- The street address and assessor parcel number for the real property on which the nuisance was abated.
- A description of each condition or violation abated by the Town and the approximate date of abatement. Applicable sections of the Town Municipal Code shall be included. Omission of any such section shall not invalidate the notice.
- The itemized statement showing the cost of each part of any abatement activity and the total cost thereof.
B. The notice may be served upon the owner(s) in person, by first class mail, or by certified mail to their last known address according to county assessor records. Service shall be deemed complete at the time notice is personally served or deposited with the U.S. Postal Service. Failure of any person to receive the notice to abate shall not affect the validity of any proceedings hereunder.
C. The Record of Cost of Abatement shall also contain the following recital:
‘If you object to the specified cost of abatement and its recording as a lien against the subject property in accordance with sections 6.30.210 and 6.30.220 of the Municipal Code, you may tender a request for a hearing before the Town Council to the Town Clerk’s Office at Town Hall within ten (10) calendar days of the date of service of the Record of Cost of Abatement. There is no fee for filing this request. Failure of the Town Clerk to receive a request for hearing from an owner of the subject real property in a timely manner shall constitute a waiver of the right to a hearing. In this event, recovery of the Town’s abatement costs for the nuisance shall be sought pursuant to Section 6.30.180 and other sections of Chapter 6.30 of the Municipal Code.’
D. If abatement of the nuisance(s) included the demolition of a permitted building or other structure by Town or contract forces, the Record of Cost of Abatement shall also be served upon lienholders and other interested persons with recorded instruments that are on file with the San Bernardino County Recorder’s Office as of the date of the Record of Cost of Abatement.”
(Section 6.30.180 amended per Ordinance 302, adopted 10-25-05)
6.30.190 Protests and Objections
Any person liable to be assessed for the cost of an abatement action may file written protest or objection to the Town Manager’s statement with the Town Clerk at any time prior to the time set for hearing. The Town Clerk shall endorse each protest or objection received and shall present such protests of objections to the Town Council at the time set for the hearing. No other protests or objections shall be considered.
6.30.200 Hearing of Protests
Upon the day and hour fixed for the hearing of protests and objections by the Town Council, the Council shall hear and act upon the Town Manager’s statement and upon the protests or objections of those liable to be assessed for the cost of abatement. The Council may make such revisions, corrections or modifications to the statement as it may deem just and thereafter shall confirm the statement by motion or resolution. The decision of the Town Council on all protests and objections which may be made shall be final and conclusive.
6.30.210 Special Assessment and Personal Obligation
The Town Council shall thereupon order that all costs included in the confirmed statement constitute a lien against the property to which it relates and that all such costs be made a personal obligation against the property owner (38773 Government Code).
6.30.220 Assessment Lien
A. The total cost for abating such nuisance, as so confirmed by the Town Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
B. After such confirmation and recordation, a certified copy of the Council’s decision shall be filed with the San Bernardino County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
C. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
D. Such notice of lien for recordation shall be in form substantially as follows:
“NOTICE OF LIEN”
(Claim of Town of Apple Valley)
Pursuant to the authority vested by the provisions of Section __________ of Town of Apple Valley Ordinance No. _______ the Town Manager of the Town of Apple Valley did on or about the ____ day of ______________, 20___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the Town Council of the Town of Apple Valley did on the ____ day of ______________, 20___, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said Town of Apple Valley does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $________; and the same shall be a lien upon said property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Town of Apple Valley, County of San Bernardino, State of California, and particularly described as follows:
Dated this ______ day of _________________, 20___.
Town Manager, Town of Apple Valley
6.30.230 Abatement Proceedings Costs--Collection
All costs associated with abatement proceedings which are not satisfied through the procedures of Section 6.30.090 shall be collected on behalf of the Town by the Town Attorney using the appropriate legal remedies.
6.30.240 Emergency Abatement--Authority--Notice
Whenever any nuisance as defined herein constitutes an immediate hazard to life, health or property and, in the opinion of the Town Manager or his designee, abatement must be undertaken immediately, the Town Manager may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life, health or property after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the opinion of the Town Manager or designee, immediate action is necessary.
6.30.250 Emergency Abatement--Notice to Town Council
Whenever an emergency abatement action is taken pursuant to Section 6.30.240, the Town Manager or his designee shall submit to the Town Council a written report indicating the location of the nuisance and the reasons requiring emergency abatement thereof. A copy of this report shall be attached to or included as a part of notice to the owner of record when notice is given as previously provided in this chapter.
6.30.260 Alternative Actions Available--Violation a Misdemeanor
Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, unless otherwise specified in particular sections of this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, the penalty shall be a fine of not more than one thousand dollars ($1,000), or imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment.
Nothing in this chapter shall be deemed to prevent the Town from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violations of the provisions of this chapter may be enforced pursuant to provisions of Section 1.01.220 of this code.
(Section 6.30.260 amended per Ordinance No. 302, adopted 10-25-05)
6.30.270 Violation and Penalties--Enforcement Authority
A. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.
B. The Town Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.
(Entire Chapter 6.30 adopted Urgency Ord. #157 10-24-95, effective immediately; Entire Chapter 6.30 amended Ord 219, 6-13-00).
Chapter 6.40: WATER CONSERVATION PLAN
- 6.40.010 Findings
- 6.40.020 Purpose
- 6.40.030 Water Regulations
- 6.40.040 Exceptions
- 6.40.050 Notice and Penalties
The Town Council finds that by reason of an apparent overdraft of the water table and because of the current problem existing with respect to the over use of the waste of water in connection with the irrigation of landscape and other outdoor vegetation, lawns and other growth, it is necessary to adopt and enforce a water conservation plan to conserve the water supplies of the Town for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection; and it is the intent of the Town Council to achieve at least an approximately 10% reduction in water use.
The Town finds that certain water uses regulated or prohibited in this ordinance are non-essential and if allowed would constitute wastage of water.
6.40.030 Water Regulations
A. No water user within the Town of Apple Valley shall knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in the manner contrary to any provision of this Chapter.
B. All water users in the Town of Apple Valley shall abide by the following water conservation measures.
- The use of water for any purpose shall not result in flooding or runoff in gutters, driveways, streets or adjacent lands.
- Lawns, trees, shrubs, and other landscaping shall not be watered beyond what they need for growth and to sustain life, and water shall not be permitted to pool or to run off property onto streets or adjacent land.
- Sidewalks, walkways, driveways, parking areas, patios, porches or verandahs or any other like area shall not be washed off with water from hoses or by any other means. The exception to this shall be the washing of flammable or other similar dangerous substances that require direct hose flushing using recognized safety control measures for the benefit of the public health and safety. Notification to the Town of such wash down is required.
- Water, sprinkling, aerial watering or irrigating of any landscaped or vegetated areas, including lawns, trees, shrubs, grass, ground cover, plants, vines, gardens, vegetables, flowers, or other landscaping shall not occur between the hours of 9:00 a.m. and 6:00 p.m. during the months of April through September provided, however, that these restrictions shall not apply to hand-held hose or drip irrigation systems or to establishment of new lawns, landscaping, or gardens.
- Non-commercial washing of privately owned vehicles, trailers, motor homes, buses, boats and mobile homes is prohibited except from a bucket, and except that a hose equipped with an automatic shut-off nozzle may be used for a quick rinse.
- Water shall not be used to clean, fill, operate or maintain levels in decorative fountains unless such water is for replenishment of a recycling system.
- Water lines, faucets, and other facilities shall be maintained so that they do not leak water. Existing leaks shall be repaired in a timely manner.
- Restaurants, other food establishments, or other public places where food is served, shall not routinely provide glasses of drinking water to customers unless specifically requested by the customer.
- Water for construction purposes including, but not limited to, debrushing of vacant land, compaction of fills and pads, trench backfill and other construction uses, shall be used in an efficient manner. The use of aerial type sprinklers is not recommended but, if used, shall not be operated between the hours of 9:00 a.m. and 6:00 p.m..
- All new residential, commercial and industrial construction shall be equipped with low-flush toilets and low-flow showers and faucets.
- Water used for cooling systems must be recycled to the extent possible.
- Evaporation resistant covers are required for all new swimming pools and hot tubs and are encouraged to be installed for existing pools. The covers required by this ordinance shall, at the time of purchase, installation and all subsequent maintenance, meet or exceed current standards and specifications for swimming pool, spa and hot tub covers adopted by the American Society for Testing and Materials (ASTM).
- Hotels/motels are required to post a notice in substantially the form provided by the Town of Apple Valley urging guests to conserve water.
- All current and future water customers are encouraged to install flow restrictors or pressure reducers and to install toilet tank displacement devices (dams, bottles or bags), and as appliances or fixtures wear out, replace them with water-saving models.
- Parks, schools, golf courses, cemeteries, school grounds and all public use lands shall not irrigate between the hours of 9:00 a.m. and 6:00 p.m. during the months of April through September inclusive and are encouraged to use water conservation irrigation equipment.
- The use of drought tolerant or native plant material is encouraged for exterior landscaping in all new residential, and required for new commercial and industrial construction.
- The use of low precipitation sprinkler heads, bubblers, drip irrigation and timing devices are required in the exterior landscaping in all new residential, commercial and industrial construction.
- At least 50% of all new model homes shall include as a part of the exterior landscape development low water use, drought-tolerant or native plants.
- Projects, including Commercial and Planned Unit Developments, which utilize recycled water from sewage treatment or agricultural operations, may receive an exemption from paragraphs (15) through (18) of this Section by approval of the Town Council.
The prohibited or restricted uses of water under this Chapter shall not be applicable in those instances when the Town Manager or his designee finds:
- The use is essential to avoid an undue hardship for a water user;
- Special circumstances exist for a particular water user, as distinguished from other water users, which justify allowing an exception;
- The use is essential for required government or public utility services, including but not limited to police protection, fire protection, sanitation, and other critical or emergency services; or
- The use is essential to maintain the public health and safety.
(Amended - Ord. #58, 7-24-90)
Any person who violates any provision or who fails to comply with any of the requirement of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. (Amended Ord. 156, adopted 11-14-95)
Chapter 6.50: INSPECTION GRADING OF FOOD ESTABLISHMENTS
- 6.50.010 Adoption of County Inspection Grading of Food Establishments
- 6.50.020 Violation-Penalty
6.50.010 Adoption of County Inspection Grading of Food
The Town of Apple Valley adopts by reference and makes part of this chapter by reference the following portions of the San Bernardino County Code:
- Chapter 14 of Division 3 of Title 3
- Subsection 16.0213 B (b) (17) of Chapter 2 of Division 6 of Title 1
- The aforementioned County Codes are adopted as the Inspection Grading of Food Establishments Code of the Town of Apple Valley
Section 6.50.020 Violation-Penalty
In accordance with Section 33.1406 (c) of the San Bernardino County Code, “the letter grade card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade is posted. Removal of the letter grade card is a violation of this Chapter and may result in the suspension or revocation of the Public Health Permit and shall be punishable as specified in Section 33.0112 of the San Bernardino County Code.” In addition, violations of this Section may be punishable in accordance with Sections 101.200 through 101.230 of Title 1 of the Town of Apple Valley Municipal Code.”
(Entire Chapter 6.50 added per Ordinance No. 292 adopted 5-10-05)
Chapter 6.80: SMOKING REGULATIONS
(Chapter 6.80 added Ord. 73, 3-12-91.; Entire Chapter Repealed, Ord. #224 6-13-00)