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HomeMy WebLinkAbout- - Penalties for Non-Compliance Attach. 4 - 12/7/2010§ 8-82 HEALTH AND SANITATION (b) If necessary, in the judgment of city coun- cil, the permittee shall deposit with the city a cash deposit or a performance bond guaranteeing the performance of any permit which he may have with the city. The cash deposit or bond shall be in the amount and in a form approved by the city attorney. (c) The permittee shall indemnify the city, its officers and employees, against, and hold the city, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee or its employ- ees, by employees of the permittee or by third parties, arising out of personal injuries or prop- erty damage, including hazardous material clean up costs and penalties, suffered by any such persons on account of the operations of the per- mittee hereunder. The permittee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved by the city attorney and as set forth in the permit granted. The permittee shall have the city, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the city prior to any can- cellation thereof. The permittee shall furnish to the city certificates evidencing that the insurance required hereunder is in effect and such certifi- cates shall be in a form approved by the city's risk management office. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 04-12, § 1(G), 11-15-04) Sec. 8-83. Regulations. (a) It shall be unlawful for any person to place, deposit, dump or cause to be placed, deposited or dumped any solid waste, hazardous waste or infectious waste in or upon any private property or in or upon any public property which the public is admitted by easement or license without the consent of the owner, or in or upon any public highway, street, alley, sidewalk, gutter, parkway or upon any private road, alley, sidewalk, gutter or driveway in common use, or upon any public property other than property designated or set aside as a disposal station for such purpose by resolution of the city council or county board of supervisors. (b) It shall be unlawful for any person to place, deposit or dump solid waste, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the city, or within a distance of five hundred (500) feet from any established residence or dwelling house within the city, or to cause or suffer or permit such solid waste, hazardous waste or in- fectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred Supp. No. 104, 1-05 8-11 ATTACHMENT 4 § 8-84 (500) feet of any established residence or dwelling house in the city, without first having obtained a use permit pursuant to the zoning laws of the city, county, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the city. The provisions of this subsection shall not apply to solid waste, hazardous waste or infectious waste placed into a container for pickup by a solid waste enterprise operating pursuant to a permit issued under this article. (c) No person shall burn any solid waste, haz- ardous waste or infectious waste within the city without having first complied with all rules and regulations of the city, the county, the South Coast Air Quality Management District and the state. (d) No person shall scavenge or bury any solid waste, hazardous waste or infectious waste within the city. (e) Special arrangements must be made and permits issued by the county, State of California, and federal agencies for the disposal of any of the following items: Ammunition; explosives; indus- trial waste; chemicals; infectious; hazardous and radioactive waste; acids; drugs; medicines; hu- man feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps. (f) Branches of trees, hedges, etc., shall be cut in lengths of not over four (4) feet and placed in containers or tied into bundles not exceeding fifty (50) pounds. All vacuum cleaner dust sweepings or ashes shall be wrapped and placed in the container. Newspapers and magazines may be bundled in bundles not exceeding fifty (50) pounds maximum. All metal containers may be placed in an enclosed container or wrapped in bundles not exceeding fifty (50) pounds maximum. In areas of curbside refuse collection, the requirements of this subsection are superseded by any require- ments of the CMSD. (g) It shall be unlawful for a person or solid waste enterprise to commingle solid waste col- lected from within the jurisdiction of the City of Costa Mesa with solid waste collected from any other jurisdiction. A violation of this subsection shall result in the revocation of the permit pursu- ant to section 8-79. (Ord. No. 92-31, § 2, 1-18-93; Ord. No. 97-24, § 2, 8-4-97) Sec. 8-84. Source reduction and recycling. (a) This section is enacted for the purpose of compliance with the California Integrated Waste Management Act of 1989 in accordance with Cal- ifornia Public Resources Code Sections 40000 et seq. ("Act"). The city has adopted a source reduc- tion and recycling element and household hazard -