Chapter 17.90
RECYCLING COLLECTION FACILITIES

Sections:

17.90.000    Applicability.

17.90.010    Definitions.

17.90.020    Approval.

17.90.030    Maintenance.

17.90.040    Enforcement.

17.90.050    Appeal.

17.90.060    No vested right.

17.90.070    Penalties.

17.90.000 Applicability.

The provisions of this chapter shall apply only to property zoned nonresidential, excluding parks, designated or used as a public use site, or zoned as residential when the recycling box is proposed to be located at a church or community facility as a permitted secondary use, upon approval of the architectural design board. The recycling boxes may be located within said zones or uses with a staff permit to be issued without charge by the planning department.

Failure to obtain such a permit or to locate or maintain a recycling box without a permit shall be a misdemeanor punishable as provided in Chapter 5.50 ECC. The property owner and/or the person responsible for maintaining the recycling box shall obtain the permit. Additionally, a street use permit shall be required if the recycling box is to be located in a public right-of-way.

17.90.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. “Recycling boxes” shall mean those receptacles used to collect reusable items including used paper goods, used glass items, and used aluminum items suitable for recycling, at which no fee is collected from the person depositing recyclables. Offal, unsanitary waste and hazardous waste are specifically excluded from this definition.

B. (Reserved.)

17.90.020 Approval.

The city staff will take general standards to the architectural design board for approval. Once the architectural design board establishes general standards, recycling boxes which meet general standards and comply with the provisions of this chapter may be approved by the staff without further review. Any decision made by the staff is appealable as if it were a Type II decision (see Chapter 20.01 ECDC). Boxes which do not meet general standards shall be reviewed individually by the architectural design board in accordance with the provisions of Chapter 20.10 ECDC upon payment of the fee for such review. [Ord. 3736 § 20, 2009].

17.90.030 Maintenance.

All deposited material shall be contained wholly within the recycling box. No litter or recyclable material shall be allowed to accumulate outside the recycling box. The recycling box shall be kept clean, free of odors, pests and/or any public nuisance and shall be maintained to meet the conditions of the architectural design board approval. Failure to properly maintain the recycling box shall be a violation and may result in either the issuance of a notice of violation from the city or appropriate criminal sanction as provided by ECDC 17.90.070, or both.

All recycling boxes shall provide the following identification on each box or on a marker in close proximity to the box:

A. Name, address and telephone number of the owner(s);

B. Name, address and telephone number of the party or parties responsible for the care and maintenance of the box;

C. Name and address of party or parties who are economically benefiting from the box;

D. Type of materials accepted by the box;

E. Reference to city permit number.

17.90.040 Enforcement.

Whenever the city becomes aware that the property owner and/or person responsible for maintaining the recycling box is not complying with the provisions of this chapter, a notice of violation shall be sent. The notice shall specify:

A. The location of the recycling box;

B. The specific manner in which the recycling box does not meet the general standard or is not being properly maintained;

C. The deficiency be corrected within 48 hours;

D. After the second notice of violation within a six-month period, city approval of the recycling box shall automatically lapse and the particular box in violation shall be removed. The property owner, owner of the box, and party responsible for maintenance of the box shall be jointly and severally liable for removal of the box;

E. Criminal penalties may result from failure to comply. If the recycling box is not upgraded to meet the architectural design board’s standards and/or the designated deficiencies corrected within the time period established in the notice, the city shall refer the matter to the city attorney for institution of appropriate legal action.

17.90.050 Appeal.

Any person cited with a notice of violation shall have 10 calendar days from the date of mailing thereof to appeal from the findings of the notice. Such appeal shall be to the city’s hearing examiner as a Type II appeal of a staff decision in accordance with Chapter 20.06 ECDC. Failure to appeal shall create a presumption of violation in accordance with the provisions of the notice of violation. [Ord. 3736 § 21, 2009].

17.90.060 No vested right.

The permit herein provided for shall be revocable at the will of the city and shall create no vested right with respect to the use of the subject tract. The city council may repeal this section, revoking all permits at its option and states its intention to do so upon creation and approval of a city-wide recycling program.

17.90.070 Penalties.

Any person failing to comply with any of the provisions of this chapter other than as provided in ECDC 17.90.050 shall be guilty of a misdemeanor and upon conviction thereof be punished as provided for in Chapter 5.05 ECC. [Ord. 2747 § 1, 1990].