Loading...
HomeMy WebLinkAbout84-37 Permits for Storage Device Rental Businesses, Placement of Storage DevicesORDINANCE NO. 94-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PERMITS FOR STORAGE DEVICE RENTAL BUSINESSES AND USE OF PUBLIC RIGHT-OF-WAY FOR PLACEMENT OF STORAGE DEVICES AND CONSTRUCTION MATERIALS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLGWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares as follows: a) That regulation of business entities engaged in the rental of storage containers or devices is necessary and desirable in order�to provide. adequate financial protection of the public fram the risk of injury to persons and property resulting from temporary storage in the public right-of-way; and b) That amendment of existing provisions relating to storage permits is needed in order to make those regulations consistent with the regulations concerning storage device rental -businesses, as well as to provide for emer• gency suspensions of storage permits and for revocation thereof. Accordingly, the Costa Mesa Municipal Code is amended as follows: SECTION 2. 1. Add Article 20, Chapter IV, Title 9, to read as follows: "ARTICLE 20. RENTAL OF STORAGE CONTAINERS OR DEVICES." "Section 9-295. Permit Required No person or business entity shall rent or offer for rent any dumpster or other storage container or device without having first obtained a permit from the Director of Public Services and having complied with all the requirements set forth in this Article." "Section 9-296. Application, Fee and Deposit; Insurance The application for a storage device rental permit shall be accompanied by proof of payment of a non-refundable application fee, in an amount established by resolution of the City Council, and of a clean-up and repair deposit in a reasonable sum to be fixed by the Director of Public Services, depending on the apparent risks of the permittee's operation, including such factors as the number and capacities of the storage devices awned by the applicant and rented or offered for rental, and the applicant's record in regard to cleanup and damage to public or private property. The amount to be deposited shall be not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00). The application for a permit pursuant to this Article, and any renewal application, shall be also accompanied by proof of Workers' Compensation Insur- rance in statutory amount and of public liability insurance with limits of not less than one million dollars ($1,000,000.00), combined single limits, per occurrence and aggregate, providing primary coverage to the City of Costa Mesa and its elected and appointed boards, officers, and employees as additional insureds and providing for thirty (30) days' advance, written notice to the City prior to cancellation or reduction in coverage. Failure of a permittee to maintain the insurance coverage required by this Section shall constitute grounds for immediate suspension of his permit until proof of appropriate insurance is provided, and repeated or long -continued failure to maintain insurance coverage shall constitute grounds for revocation of his permit." "Section 9-297. Contents of Application The application for a storage device rental permit shall be on a form provided by the Director of Public Services and shall contain the following information: a) The full, true name of the individual or business entity that owns the storage devices and his or its business address and telephone number; b) The dimensions of the various storage devices owned by the applicant which are rented or available for rental, and the number of such devices of each size; c) The signature of the applicant, if an individual, or of a general partner or corporate officer of the applicant; d) The typewritten or printed full name of the person signing the appli- cation and his relationship to the applicant, e.g., president, vice president, general partner, etc., and his residence address and tele- phone number." "Section 9-298. Permit Tern; Renewal Any permit issued pursuant to this Article shall expire on the sane date as the pernittee's current Costa Mesa Business Tax Registration Certificate, unless sooner revoked. The permit may be renewed upon filing of a new applica- tion and payment of a new application fee. The deposit may be carried over frau the prior permit term. The Director of Public Services may require an increase in the amount of the deposit if the number or size of the applicant's storage devices has increased or because of other changed circumstances, or if, in the opinion of the director, the applicant's record regarding cleanup and repair justifies increasing the deposit requirement." "Section 9-299. Deductions from Deposit; Notice and Hearing In the event that the permittee fails to leave the area where his storage device was placed as clean and in as good condition when his storage device is -2- removed as before it was placed, or if damage is caused to public or private property by the delivery, placement, maintenance, use or removal of his storage device and is not repaired by the permittee or at his instance and expense, the Director of Public Services may direct that the necessary cleanup or repair work, or both, be done and that all costs incurred be deducted frau the per- mittee's deposit. In order to maintain the permit in effect, the permittee will then be required to deposit a further sum of money in order to maintain the total deposit at the original level, or at such increased level as the Director of Public Services may deem justified by the apparent risks of the permittee's operation, in light of all circumstances then known to him. The Director of Public Services shall establish procedures to provide the permittee notice and an cpportunity to be heard before any work which is to be paid for by a deduction from the permittee's deposit is performed or authorized, except that when imediate action is required to prevent injury to persons or property, the procedures shall provide for notice to the permittee and an-cppor- tunity to be heard as soon as reasonably possible after the work is performed or undertaken. In the event that the cast of any reasonably necessary cleanup or repairs exceeds the amount on deposit, all such excess cost shall be due and payable to the City of Costa Mesa by the permittee, upon demand by the Director of Public Services, and shall constitute a debt to the City." "Section 9-300. Application to Existing Businesses Any business entity or individual lawfully engaged in the rental of storage containers or devices prior to the effective date of this ordinance shall be required to apply for a permit pursuant to this Article within 60 days of the effective date hereof and may continue to do business under the terms of this Code prior to its amendment by this Ordinance, until action has been taken by the City on the application, and the decision has became final." "Section 9-301. Revocation of Permit Any permit issued pursuant to this Article may be revoked by the Director of Public Services for violation by the permittee of any of the provisions of this Article or of any federal, state or local law related to the business activity covered by the permit. Prior to any revocation, the Director of Public Services or his designee shall mail written notice to the permittee of the specific, factual grounds for revocation and of the fact that the permittee may submit written material in opposition to the proposed revocation and may request a hearing by presenting such materials or written request for hearing -3- or both, to the Director of Public Services or any City employee authorized by the Director of Public Services to receive such documents, provided that the documents are received by a date which shall be stated in the notice and which shall.be not less than ten (10) days from the date on which the notice to the permittee is deposited in the mail. A decision of the Director of Public Services or his designee to revoke a permit shall be final, for purposes of appeal to the City Council, on the date that written notice thereof is sent by mail to the permittee or personally delivered to him." 2. Amend Section 11-127 to read as follows: "Section 11-127. Storage Permit Required; Infraction No person shall cause to be placed or maintained upon any municipal street, parkway, or public right-of-way any construction materials or storage containers or devices, including but not limited to refuse containers, without a valid_. written permit therefor from the Director of Public Services. A separate permit - shall be required for each placement Of such materials or devices. Such permit may be referred to as a 'storage permit'. Violation of this section shall con- stitute an infraction." 3. Amend Section 11-128 to read as follows: "Section 11-128. Requirements for Issuance of Storage Permit No storage permit may be issued or renewed by the Director of Public Services unless and until all of the following requirements have been met: a) An application upon a form furnished by the Director of Public Services shall be -completed and filed. It is the intent;of this provision that a separate permit shall be required for each loca- tion of construction materials or placement of a storage device, and the Director of Public Services may, in his discretion, deter- mine the number of permits needed. However, more than one permit may be requested in a single application if all of the permits relate. to a single construction project. b) All fees and deposits required by the City shall be paid, c) The insurance requirements of Section 11-132 shall be complied with." 4. Amend Section 11-112 to read as follows: "Section 11-112. Contents of Application for Storage Permit Each application for a storage permit must show the following information: a) The location and identification of the project area. b) The number and description of the separate piles or stacks of con- struction materials and of the storage devices to be used, including dimensions. c) The name and business address of the owner of each storage device to be placed. -4- d) The time and date when applicant proposes to place the construction materials or storage devices initially and the time and date when they are to be removed. e) The full, true name and the residence and business address of the applicant and of the owner or lessee of the real property for the benefit of which the construction materials or storage devices are to be used." 5. Amend Section 11-130 to read as follows: "Section 11-130. Deposit Required; Exception No application for a storage permit shall be issued until the applicant has deposited with the Director of Public Services a deposit in a reasonable amount to be fixed by the Director of Public Services, depending on the fore- seeable hazard to public and private property and the estimated cost of cleanup and repair. The amount to'be deposited by the applicant shall not be less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00). However, no deposit will be required for the issuance of a storage permit for a storage device if the applicant is a public entity or if the owner of the device holds a valid business license and storage device rental permit from the City; otherwise, a deposit must be paid by the applicant according to the pro- visions of this section." 6. Amend Section 11-131 to read as follows: "Section 11-131. Storage Permit Fee; Exemption The fee for a storage permit shall be as established by resolution of the City Council. The Federal and State governments and other public entities are exempt from payment of storage pennit fees." 7. Amend Section 11-132 to read as follows: "Section 11-132. Insurance Each application for a storage permit, unless the applicant is a public entity, shall be accanpanied by proof of public liability insurance, with limits of liability of not less than $300,000 for bodily injury and $100,000 for property damage, per occurrence and aggregate. The City of Costa Mesa and, its appointed and elected boards, officers, and employees shall be provided primary coverage as additional insureds, and the insurance coverage shall not be cancelled nor modified without ten (10) days' advance notice to the City. Failure to maintain insurance coverage in accordance with the requirements of this Section shall make the permit subject to immediate suspension until the coverages are provided." 8. Amend Section 11-133 to read as follows: -5- "Section 11-133. Action Upon Application a) The Director of Public Services, upon the receipt of an application for a storage permit, shall notify the Chief of Police and the head of the nuilding Safety Division. The Director of Public Services shall thereafter grant or deny the application. b) In granting an applicant for a storage permit, the Director of Public Service may impose such conditions and restrictions as may be reason- ably necessary to minimize the potential damage to public streets and alleys, and any other public improvements in the right-of-way, as well as public utility poles, pipelines, water mains, gas mains, and like appurtenances or improvements, and to preserve, to the greatest pos- sible extent, public access to streets, sidewalks, and parkways, for the general -health, safety, and welfare." 9. Amend Section 11-134 to read as follows: "Section 11-134. Deductions from Deposit; Notice and Hearing In the event that the permittee fails to leave the area where construction materials or a storage device was placed as clean and in as good condition when the materials or devices are removed as before they were placed, or if damage is caused to public or private property by the delivery, placement, maintenance, use, or removal of the materials or devices and is not repaired by the permittee or at his instance and expense, the Director of Public Services may direct that the necessary cleanup or repair work, or both, be done and that all costs incurred be deducted frau the pemittee's deposit. The Director of Public Services shall establish procedures to provide the permittee notice and or opportunity to be heard before any work which is to be paid for by a deduction from the permittee's deposit is performed'or authorized, except that when immediate -action is required to prevent injury to persons or property the procedures shall provide for notice to the permittee and an oppor- tunity to be heard as soon as reasonably possible after the work is performed or undertaken. In the event that the cost of any reasonably necessary cleanup or repairs exceed the amount on deposit, all such excess cost shall be due and payable to the City of Costa Mesa by the permittee, upon demand by the Director of Public Services, and shall constitute a debt to the City." 10. Amend Section 11-135 to read as follows: "Section 11-135. Additional Regulations The Director of Public Services shall promulgate regulations,setting forth the standards and requirements necessary to implement the intent and purpose expressed herein. In drafting such regulations, the Director shall consult with the heads of other City departments involved. Once pranulgated, the regulations shall control the standards, requirements and procedures for the placement of -6- construction materials or storage devices within the City of Costa Mesa in the following particulars: a) The internal processing of applications for permits; b) The maximum length of time allowed for any placement or maintenance of construction materials or storage devices, and the exact physical location or placement of such materials or devices. c) The requirements for deposits, fees, and other matters necessary to assure compliance with the provisions of this Chapter and regulations pranulgated thereunder." 11. Add Section 11-136 to read as follows: "Section 11-136. Violation; Citation, Removal and Storage Any construction materials or storage devices placed or maintained in violation of this Article, or after the expiration of the related permit, may be removed and stored by the City upon notice to permittee or the owner, if known, and the persons responsible for the violation may be cited and prose- cuted. The Director of Public Services shall establish procedures to provide notice to the permittee and the owner,'if known, and an opportunity to be.heard prior to the removal, except that when immediate action is required to prevent injury to persons or property, the procedures shall provide for notice and an opportunity to be heard as soon as reasonably possible after the removal. Any removal and storage charges shall be due and payable by the owner or possessor of the materials or devices before their release. If no owner or' possessor claims the materials or devices within thirty (30) days of their removal, they may be sold for costs in the manner provided by the California Government Code for the disposal of abandoned or unclaimed property generally." 12. Add Section 11-137 to read as follows: "Section 11-137. Suspension of Permit Violation of any of the conditions or restrictions imposed on a permit shall constitute grounds for its immediate suspension until all the conditions or restrictions are complied with. upon suspension of a permit, the Director of Public Services may direct the permittee to immediately remove 'the materials or devices covered by the permit or, if he fails to cMTly within a reasonable time, the materials and devices may be removed and stored pursuant to Section 11-136 of this Chapter." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in the CRANGB MAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be -7- published a summary of this Ordinance and a certified coy of the text of this Ordinance shall be posted in the of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adcption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this �L day of , 198,3 Mayor of the City of Costa Mesa ATTEST: C ty Clerk of the City of Cost Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the '' City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. � was introduced and consideiVed section ctio at a regular meeting of said City Council held on the day of198,3',`fand there- after passed and qdcpted as w let a regular eting of said City Council held on the day of , 1 8�, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCIIMEMBERS: IN WITNESS WHEREOF, I have reunto set h d an affixed the Seal of the City of Costa•-,%dsa this � day of , 198,3'. 71 _ Ci y Clerk and exrofficio Clerk,or the - ` - City Council of the City of Cost# Mesa -8-