HomeMy WebLinkAbout2005-06-28 - ORDINANCES - CONST DEMOLITION RECYLING (2)ORDINANCE NO. 05-9
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALI-
FORNIA, AMENDING THE SANTA CLARITA
MUNICIPAL CODE BY ADDING A NEW
CHAPTER 15.46, CONSTRUCTION AND
DEMOLITION MATERIALS MANAGE-
MENT, TO DIVISION 3 OF TITLE 15 OF THE
SANTA CLARITA MUNICIPAL CODE
WHEREAS, The California Integrated Waste Management Act of 1989,
commonly referred to as Assembly Bill 939 (AB 939), codified in substantial part
at Public Resources Code § 40000 et. seq., requires each local jurisdiction in the
state to divert 50 percent of discarded materials (base year 1990, state methodol-
ogy) from disposal in landfills and transformation facilities;
WHEREAS, Pursuant to California Constitution Article 11, § 7, as im-
plemented in part by Public Resources Code § 40059, and Santa Clarita Munici-
pal Code Chapter 15.44, the City has the authority to regulate solid waste gener-
ated in the City;
WHEREAS, Construction and Demolition (C&D) Materials and Inert
Wastes constitute a substantial percentage of the waste stream in the State and
these materials have significant potential for waste reduction and recycling;
WHEREAS, The reuse and recycling of C&D Materials and removal of
Inert Wastes from the waste stream are essential to further the City's efforts to
reduce waste and comply with AB 939 goals;
WHEREAS, waste reduction, reuse and recycling of C&D Materials re-
duce the amount of C&D Materials transported for disposal in landfills and trans-
formation facilities, increase site and worker safety, and are cost effective;
WHEREAS, Except in unusual circumstances, it is feasible to divert at
least fifty percent (50%) of all C&D Materials and Inert Wastes from Construc-
tion, Demolition, grading and Renovation Projects;
WHEREAS, To ensure compliance with this Chapter and to ensure that
those who comply with this Chapter are not placed at a competitive disadvantage,
it is necessary to impose a Diversion Security Deposit requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA DOES HEREBY ORDAIN AS FOLLOWS:
.., SECTION 1. The City Council hereby finds, determines and declares as follows:
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Division 3, Solid Waste, of Title 15 of the Santa Clarita Municipal
Code is amended by adding a new Chapter 15.46, "CONSTRUCTION AND
DEMOLITION MATERIALS MANAGEMENT," to read in its entirety as fol-
lows:
"CHAPTER 15.46
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
PART
Sections:
15.46.010 DEFINITIONS
15.46.010. DEFINITIONS. For the purposes of this chapter the following words
and phrases shall have the meanings respectively ascribed to them by this Chap-
ter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this
Chapter shall have the meaning ascribed by Chapter 15.44 of this Code, if defined
therein, and if not, by Division 30, Part 1, Chapter 2 of the Public Resources
Code, §§ 40000, et seq., and the regulations of the California Integrated Waste
Management Board, if defined therein, and if not, to the definitions found in the
Resource Conservation and Recovery Act ("RCRA'), 42 U.S.C. §§ 6901, et seq.
and the regulations implementing RCRA, as they may be amended from time to
time.
APPLICANT means any person, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry,
public or private corporation, or any other entity whatsoever required to apply to
the Building & Safety Division of the Building and Engineering Department for
an applicable permit to undertake any Covered Project, as defined below, within
the City. An Applicant must comply with this Chapter.
CONSTRUCTION means the building of any facility or structure or any portion
thereof including any tenant improvements to a previously unoccupied existing
facility or structure. "Construction" does not include a project limited to interior
plumbing work, electrical work or mechanical work, or any combination of them.
CONSTRUCTION AND DEMOLITION MATERIALS or C&D MATERIALS
means used or commonly discarded materials removed from premises of a Cov-
ered Project during Construction, grading, remodeling, repair, Demolition, De-
construction or Renovation resulting from Construction, Renovation, grading, re-
modeling, repair, deconstruction or Demolition operations on any pavement,
house, commercial building, or other structure, or from landscaping. Such materi-
als include, but are not limited to, Inert Waste (including rock, concrete, brick,
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sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, alumi-
num, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees,
stumps, remnants of new materials, including paper, plastic, carpet scraps, wood
scraps, scrap metal, building materials, packaging and rubble resulting from Con-
struction, remodeling, Renovation, repair and Demolition operations on pave-
ments, houses, commercial buildings and other structures, and grading.
CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT or
DIVERSION SECURITY DEPOSIT means cash or letter of credit in a form ac-
ceptable to the City, submitted to the City pursuant to Part 4 of this Chapter.
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN
or C&DMMP. means a completed C&DMMP form, approved by the City for the
purpose of compliance with this Chapter, submitted by the Applicant for any
Covered Project.
COVERED PROJECT means a project for which a building, Demolition, grading
or other similar permit is required by this Code. See `Exempt Project," "Project"
and Part 2, below.
CONVERSION RATE means the rate set forth in the standardized Conversion
Rate Table approved by the City pursuant to this Chapter for use in estimating the
volume or weight of materials identified in a Construction and Demolition Mate-
rials Management Plan. ,
DECONSTRUCTION means a process to dismantle or remove useable materials
from structures, in a manner which maximizes the recovery of building materials
for reuse and recycling and minimizes the amount of waste transported for dis-
posal in landfills and transformation facilities.
DEMOLITION means the destruction, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole or in part,
whether interior or exterior.
DIVERT or DIVERSION means activities which reduce or eliminate the amount
of C&D Material from disposal in a landfill or transformation facility. See Public
Resources Code § 40124.
DIVERSION REQUIREMENT means the diversion of at least fifty percent
(50%), by weight, of the Construction and Demolition Materials, other than Inert
Waste, generated by a Covered Project by reuse or recycling, and that at least fifty
percent (50%) of the Inert Waste is removed from the solid waste stream and not
disposed of in a solid waste landfill, unless the Applicant has been granted an ex-
emption pursuant to Part 7 of this Chapter. If the Applicant has been granted an
exemption, the Diversion Requirement shall be the maximum Feasible diversion
rate established by the Director of Field Services, or the Director's Designee for
the Project.
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EXEMPT PROJECT shall have the meaning set forth in Part 2 of this Chapter.
FEASIBLE shall have the meaning ascribed by Public Resources Code § 21061.1,
ttt as it may be amended.
FIELD SERVICES DIRECTOR or Director means the City of Santa Clarita staff
person holding that title.
INERT WASTE shall have the meaning ascribed by Public Resources Code §
41821.3(a)(1), as it may be amended.
PROJECT means any activity for which a building, Demolition, grading or other
similar permit is required. See also "Covered Project," above.
RECYCLING shall have the meaning ascribed by Public Resources Code §
40180, as it may be amended.
RENOVATION means any change, addition, or modification in an existing struc-
ture that requires a building permit or Demolition permit but does not include a
project limited to interior plumbing work, electrical work or mechanical work.
REUSE means further or repeated use of Construction and Demolition Materials
or Inert Waste.
SALVAGE means the controlled removal of Construction or Demolition Materi-
als from a permitted Construction or Demolition site for the purpose of recycling,
reuse, or storage for later recycling or reuse.
PART 2
COVERED PROJECTS
Sections:
15.46.200
COVERED PROJECTS
15.46.210
EXEMPT PROJECTS
15.46.220
CITY -SPONSORED PROJECTS
15.46.230
COMPLIANCE AS A CONDITION OF APPROVAL
15.46.200 COVERED PROJECTS. Except as otherwise provided in this Code,
each Applicant for a permit required by this Code for a Covered Project also shall
complete and submit a Construction and Demolition Materials Management Plan
("C&DMMP'), to the City's Director of Field Services, or the Director's Desig-
nee unless the project is an Exempt Project, as defined below. No permit for a
Covered Project shall be issued by the Division of Building & Safety unless the
Applicant for the permit has submitted to the Division of Building & Safety a
Construction and Demolition Materials Management Plan approved by the City's
Director of Field Services, or the Director's Designee, or the project is an Exempt
Project as defined in § 15.46.210, below. Review of applications for permits for
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CoveredProjects by the Division of Building & Safety may be concurrent with
the review of the C&DMMP by the City's Director of Field Services, or the Di -
f rector's Designee.
15.46.210 EXEMPT PROJECTS. No Construction and Demolition Materials
Management Plan or Construction and Demolition Materials Management Plan
Security Deposit shall be required for any of the following:
A. Work for which a building permit, Demolition permit, and grading
permit is not required;
B. Any new residential construction project valuated at less than
$500,000 dollars by the City's Building Official;
C. Any new non-residential construction project valuated at less than
$500,000 by the City's Building Official;
D. Residential alterations valuated at less than $100,000 by the City's
Building Official;
E. Non-residential alterations valuated at less than $100,000 by the
City's Building Official;
F. Projects for which only a plumbing permit, electrical permit or
.. mechanical permit, or any combination of them, is required;
G. Roofing projects that do not include significant fifty percent (50%)
removal of the existing roof;
H. Installation of swimming pools or spas; or
I. Demolition or Construction required to protect public health or
safety in an emergency, as defined in Public Resources Code § 21060.3, as it, may
be amended.
15.46.220 CITY -SPONSORED PROJECTS. All of the City's Construction,
Demolition, and Renovation Projects, except as provided below, and regardless of
cost, shall be considered "COVERED PROJECTS" for the purposes of this Chap-
ter and shall be subject to all applicable provisions of this Chapter. Prior to the
start of any City Construction or Demolition activity, a Construction and Demoli-
tion Materials Management Plan shall be prepared by the Director of Building and
Engineering or Director's designee. The City is not required to submit a Diver-
sion Security Deposit for City -sponsored Covered Projects. City Projects limited
to interior plumbing work, electrical work or mechanical work are not Covered
Projects. City Demolition or Construction required to protect public health or
safety in an emergency, as defined in Public Resources Code § 21060.3, as it may
be amended, is not a Covered Project.
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15.46.230 COMPLIANCE AS A CONDITION OF APPROVAL. Compliance
with the provisions of this Chapter shall be a condition of approval of any permit
for a Covered Project.
PART
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
PLANS
Sections:
15.46.300 CONSTRUCTION AND DEMOLITION MATERIALS MAN-
AGEMENT PLANS
15.46.310 CALCULATING VOLUME AND WEIGHT OF C&D MATERI-
ALS
15.46.320 DECONSTRUCTION
15.46.300 CONSTRUCTION AND DEMOLITION MATERIALS MANAGE-
MENT PLANS. Each Applicant for a permit for any Covered Project shall com-
plete and submit to the Building & Safety Division a Construction and Demolition
Materials Management Plan (" C&DMMP'), approved by the City's Director of
Field Services, or the Director's Designee, on a C&DMMP form approved by the
City for this purpose. The completed C&DMMP, at a minimum, shall indicate all
of the following: (1) the estimated weight of Project C&D Materials, by materials
type, to be generated; (2) the maximum weight of C&D Materials that it is Feasi-
ble to divert, considering cost, energy consumption and delays, via reuse or recy-
cling; (3) the vendor or facility that the Applicant proposes to use to collect, di-
vert, market, reuse or receive the C&D Materials; (4) the estimated weight of re-
sidual C&D Materials that would be transported for disposal in a landfill or trans-
formation facility; and (5) the estimated weight of Inert Waste to be removed
from the waste stream and not disposed of in a solid waste landfill.
15.46.310 CALCULATING VOLUME AND WEIGHT OF C&D MATERIALS.
In estimating the volume or weight of materials identified in the C&DMMP, the
Applicant shall use standardized Conversion Rates approved by the City for this
purpose.
15.46.320 DECONSTRUCTION. In preparing the C&DMMP, Applicants for
permits involving the removal of all or part of an existing structure shall consider
Deconstruction, to the maximum extent Feasible, and shall make the materials
generated thereby available for salvage prior to being transported for disposal in a
landfill or transformation facility.
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PART 4
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
PLAN DIVERSION SECURITY DEPOSITS
Sections:
15.46.400 CONSTRUCTION AND DEMOLITION DIVERSION SECU-
RITY DEPOSITS
15.46.400 CONSTRUCTION AND DEMOLITION DIVERSION SECURITY
DEPOSITS. Each Applicant for a permit for a Covered Project, except the City,
shall submit a Construction and Demolition Diversion Security Deposit with the
Construction and Demolition Materials Management Plan. The amount of the Di-
version Security Deposit shall be calculated as the lesser of three percent (3%) of
estimated total Project cost or $50,000. The City's Director of Field Services, or
the Director's Designee may waive the Diversion Security Deposit if the Diver-
sion Security Deposit required pursuant to this Section would be fifty dollars or
less.
PART
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
PLAN REVIEW
Sections:
15.46.500 APPROVAL
15.46.510 DISAPPROVAL
15.46.500 APPROVAL. Notwithstanding any other provision of this Code, no
permit shall be issued for any Covered Project unless the City's Director of Field
Services, or the Director's Designee has approved the C&DMMP. The Director of
Field Services, or the Director's Designee shall approve a C&DMMP if the Direc-
tor of Field Services, or the Director's Designee first determines that all of the
following conditions have been met: (1) the C&DMMP provides all of the infor-
mation set forth in Part 3 of this Chapter; (2) the C&DMMP indicates that the Di-
version Requirement will be met; and (3) the Applicant has submitted an appro-
priate Diversion Security Deposit in compliance with Part 4 of this Chapter.
If the Director of Field Services, or the Director's Designee determines that these
three conditions have been met, the Director of Field Services, or the Director's
Designee shall mark the C&DMMP "Approved," return a copy of the C&DMMP
to the Applicant, and notify the Division of Building & Safety of the Building and
Engineering Department that the C&DMMP has been approved.
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Approval shall not be required if Construction, Demolition or grading is required
to protect public health or safety in an emergency, as defined in Public Resources
Code § 21060.3.
15.46.510 DISAPPROVAL. If the City's Director of Field Services, or the Direc-
tor's Designee determines that the C&DMMP is incomplete or fails to indicate
that at least fifty percent (50%) of all C&D Materials generated by the Project will
be reused or recycled, and fifty percent (50%) of all Inert Waste is to be removed
from the waste stream and not disposed of in a solid waste landfill, the Director of
Field Services, or the Director's Designee shall either: (1) Return the C&DMMP
to the Applicant marked "Denied," including a statement of reasons, and so notify
the Division of Building & Safety of the Building and Engineering Department,
which shall then hold the Project's permit, or (2) Return the C&DMMP to the
Applicant marked "Further Explanation Required," including a statement of rea-
sons, and so notify the Division of Building & Safety, which shall then hold the
Project's permit. If, during the course of the Project, the Applicant determines that
the estimated tonnage of C&D Material and Inert Waste to be removed from the
waste stream and not disposed of in a solid waste landfill generated and or recov-
ered from the Project is substantially different from the C&DMMP, the Applicant
shall submit an addendum to the original C&DMMP.
PART 6
REFUND AND RETURN OF DIVERSION SECURITY DEPOSITS
Sections:
15.46.600 APPLICATION FOR REFUND
15.46.610 DOCUMENTATION OF CONSTRUCTION AND DEMOLI-
TION MATERIAL DIVERSION
15.46.620 DETERMINATION OF COMPLIANCE AND RELEASE OF
DIVERSION SECURITY DEPOSIT
15.46.600 APPLICATION FOR REFUND. Within 180 days after the completion
of any Covered Project, the Applicant may submit to the Director of Field Ser-
vices, or the Director's Designee documentation that the Applicant has met the
Diversion Requirement for the Project and apply for a refund of the Diversion Se-
curity Deposit. This documentation may include all of the following:
A. Receipts and gate tickets from the vendor or facility which col-
lected or received C&D Material showing the actual weight of that material or, in
the case of Inert Waste, removed from the solid waste stream and not disposed of
in a solid waste landfill;
B. A copy of the previously approved C&DMMP for the Project add-
ing the actual volume or weight of each type of C&D Material diverted and trans -
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ported for disposal in a landfill or transformation facility, or, in the case of Inert
Waste, removed from the solid waste stream and not disposed of in a solid waste
landfill; and
C. Any additional information the Applicant believes is relevant to
determining its efforts to comply in good faith with this Chapter.
15.46.610 DOCUMENTATION OF CONSTRUCTION AND DEMOLITION
MATERIAL DIVERSION. Applicants shall make reasonable efforts to ensure
that all C&D Materials diverted, or delivered to disposal facilities for disposal, are
measured and recorded using the most accurate method of measurement reasona-
bly available. To the extent practical, all C&D Materials, and Inert Waste to be
removed from the waste stream and not disposed of in a solid waste landfill, shall
be weighed on scales. Such scales shall be in compliance with all regulatory re-
quirements for accuracy and maintenance. For C&D Materials for which weigh-
ing is not practical due to small size or other considerations, a volumetric meas-
urement shall be used. For conversion of volumetric measurements to weight, the
Applicant shall use standardized Conversion Rates approved by the City for this
purpose. Documentation of the foregoing shall consist of photocopies of receipts,
weight tickets, gate tickets, and other records from recycling facilities, Decon-
struction contractors, solid waste enterprises and disposal facilities.
15.46.620 DETERMINATION OF COMPLIANCE AND RELEASE OF DI-
VERSION SECURITY DEPOSIT. The Director of Field Services, or the Direc-
tor's Designee shall review the information submitted under § 15.46.600 and de-
termine whether the Applicant has complied with the Construction and Demoli-
tion Materials Management Plan, as follows:
A. Full Compliance. If the Director of Field Services, or the Direc-
tor's Designee determines that the Applicant has fully complied with the Con-
struction and Demolition Materials Management Plan applicable to the Project,
the Director of Field Services, or the Director's Designee shall cause the full Di-
version Security Deposit to be released to the Applicant.
B. Good Faith Effort to Comply. If the Director of Field Services, or
the Director's Designee determines that the Construction and Demolition Materi-
als Management Plan has not been complied with, the Director of Field Services,
or the Director's Designee shall determine whether the Applicant made a good
faith effort to comply with this Chapter. In making this determination, the Direc-
tor of Field Services, or the Director's Designee shall consider the availability of
markets for the C&D Materials transported for disposal in a landfill or transfor-
mation facility, the size of the Project, and the documented efforts of the Appli-
cant to divert C&D Materials and remove Inert Waste from the waste stream. If
the Director of Field Services, or the Director's Designee determines that the Ap-
plicant has made a good faith effort to comply with this Chapter, the Director of
Field Services, or the Director's Designee shall approve the release of the Diver-
sion Security Deposit, or a portion thereof, to the Applicant. Any portion of the
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Diversion Security Deposit not released to the Applicant shall be forfeited to the
City, and shall be used for the purposes of promoting recycling within the City.
C. Noncompliance. If the Director of Field Services, or the Director's
Designee determines that the Applicant has not made a good faith effort to com-
ply with this Chapter, or if the Applicant failed to submit the documentation re-
quired by § 15.46.600, above, within the required time period, then the Diversion
Security Deposit shall be retained by the City.
D. Partial Refund. The Director of Field Services, or the Director's
Designee may authorize a partial refund when the Diversion Requirement has not
been met. Any partial refund shall be in the same ratio as the demonstrated
amount of diverted C&D Waste and Inert Waste, respectively, waste bears to fifty
percent (50%) by weight.
E. Refund of Erroneous Payment. The Director of Field Services, or
the Director's Designee may authorize the refund of any Diversion Security De-
posit which was erroneously paid or collected.
F. Withdrawal of Permit Application. The Director of Field Services,
or the Director's Designee may authorize the refund of any Diversion Security
Deposit if the permit application for a Covered Project is withdrawn or cancelled
before any work has begun.
G. Diversion Security Deposits retained by the City may be used only
for:
Payment of Diversion Security Deposit Refunds;
2. Costs of administration of the program established by this
Chapter; and
3. Cost of programs to achieve diversion of Construction Ma-
terials from disposal at disposal facilities.
PART 7
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
PLAN EXEMPTIONS
Sections:
15.46.700 APPLICATION
15.46.710 MEETING WITH DIRECTOR OF FIELD SERVICES, OR THE
DIRECTOR'S DESIGNEE
15.46.720 GRANTING OF EXEMPTION
15.46.730 DENIAL OF EXEMPTION
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15.46.700 APPLICATION. If an Applicant for a Covered Project experiences or
anticipates unique circumstances that the Applicant believes make it not Feasible
to comply with the Diversion Requirement, the Applicant may apply for an ex-
emption at the time that the Applicant submits the C&DMMP required under Part
3 of this Chapter. The Applicant shall indicate on the C&DMMP the maximum
rate of diversion the Applicant believes is Feasible for each material and the spe-
cific circumstances that the Applicant believes make it not Feasible to comply
with the Diversion Requirement.
RECTOR'S DESIGNEE. The Director of Field Services, or the Director's Desig-
nee shall review the information supplied by the Applicant and may meet with the
Applicant to discuss possible ways of meeting the Diversion Requirement. Based
on the information supplied by the Applicant, the Director of Field Services, or
the Director's Designee shall determine whether it is possible for the Applicant to
meet the Diversion Requirement.
15.46.720 GRANTING OF EXEMPTION. If the Director of Field Services, or
the Director's Designee determines that it is not Feasible for the Applicant to
meet the Diversion Requirement, the Director of Field Services, or the Director's
Designee shall determine the maximum feasible diversion rate for each material
and shall designate this rate on the C&DMMP submitted by the Applicant. The
Director of Field Services, or the Director's Designee shall return a copy of the
C&DMMP to the Applicant marked "Approved for Partial Exemption" and shall
notify the Division of Building & Safety of the Building and Engineering De-
partment that the C&DMMP has been approved.
15.46.730 DENIAL OF EXEMPTION. If the Director of Field Services, or the
Director's Designee determines that it is possible for the Applicant to meet the
Diversion Requirement, the Director of Field Services, or the Director's Designee
shall deny the application for exemption and inform the Applicant in writing of
the denial and the reasons for the denial. The Applicant shall have 30 days after
receipt of such notification to resubmit a C&DMMP form in full compliance with
this Chapter. If the Applicant fails to resubmit the C&DMMP, or if the resubmit-
ted C&DMMP does not comply with this Chapter, the Director of Field Services,
or the Director's Designee shall deny the C&DMMP, and the Building & Safety
Division shall not issue a permit for that Project.
APPEALS
Sections:
15.46.800 APPEAL
15.46.810 DECISION BY CITY MANAGER
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15.46.800 APPEAL. Each Applicant shall have the right to appeal any decision
made by the Director of Field Services, or the Director's Designee to the City
[ Manager or the City Manager's designee. The Applicant must file a Notice of
Appeal from the ruling of the Director of Field Services, or the Director's Desig-
nee with the City Clerk, with copy to the Director of Field Services, or the Direc-
tor's Designee, not more than ten (10) calendar days of after the notice of the Di-
rector of Field Services, or the Director's Designee's decision was placed in the
mail to the address provided by the Applicant. The Notice of appeal shall include
all evidence and legal arguments which the Applicant wishes the City, and any
reviewing court to consider.
15.46.810 DECISION BY CITY MANAGER. The decision made by the City
Manager, or the City Manager's designee, shall be in writing, stating the legal and
factual bases for the decision. The decision shall be final and conclusive.
PART 9
ENFORCEMENT
Sections:
15.46.900 INSPECTION
15.46.910 CIVIL ACTION
15.46.920 INFRACTION
15.46.930 ENFORCEMENT
15.46.900 INSPECTION. The City's Director of Field Services, or the Director's
Designee may inspect project sites for compliance with this Chapter.
15.46.910 CIVIL ACTION. Violation of any provision of this Chapter may be
enforced by any means available to the City, including, but not limited to, an ac-
tion for injunctive relief. In any civil enforcement action, administrative or judi-
cial, the City shall be entitled to recover its attorneys' fees and costs from a per-
son who is determined by a court of competent jurisdiction to have violated this
Chapter.
15.46.920 INFRACTION. Violation of any provision of this Chapter shall consti-
tute an infraction punishable by a fine not to exceed $100 for the first violation, a
fine not to exceed $200 for the second violation within one year, and a fine not to
exceed $500 for each additional violation within one year. An Applicant shall be
guilty of a separate offense for each day during any portion of which any violation
of this Chapter is committed, continued, or permitted by the Applicant. Where the
violation is the failure to achieve the Diversion Requirement applicable to the
Project and the C & D materials from the Project have already been transported
for disposal in a landfill or transformation facility, the violation shall be deemed
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to have ceased after a period of ten days. The City shall recover costs and attor-
neys' fees incurred in connection with enforcement of this Chapter.
15.46.930 ENFORCEMENT. Enforcement may be undertaken by the City
through its Director of Field. Services, or the Director's Designee and the City At-
torney.
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sen-
tence, clause, phrase, or portion of this Ordinance, is for any reason held to be in-
valid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordi-
nance. The City Council hereby declares that it would have adopted this Ordi-
nance, and each section, subsection, subdivision, sentence, clause, phrase, or por-
tion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid
or unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 28a' day of June, 2005.
ATTEST:
CITY-CLERK-
SD
ITY CLERK -
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)ss
CITY OF SANTA CLARITA)
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. 05- 9 was regularly introduced and
placed upon its first reading at a regular meeting of the City Council on the 14th
day of June, 2005. That thereafter, said ordinance was duly passed and adopted at
a regular meeting of the City Council on the 28`h day of June, 2005 by the follow-
ing vote, to wit:
AYES: COUNCILMEMBERS: Kellar, McLean, Weste, Smyth
NOES: COUNCILMEMBERS: Ferry
ABSENT: COUNCILMEMBtRS: None
a
CITY CLERK
8D 84845-32854784 v1 14
7/26/05 1:16 PM
..._............... .
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 05-9, adopted by the City Council of the City of
Santa Clarita, California on June 28, 2005, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
, 2005.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk