SecondreadingOrd1359
CITY OF SIMI VALLEY
MEMORANDUM
Febr
uary 24, 2025
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: SECOND READING OF ORDINANCE NO. 13 62 AMENDING TITLE 6 CHAPTER 3 OF THE SIMI VALLEY MUNICIPAL CODE RELATING TO
THE REGULATION OF SOLID WASTE STORAGE, COLLECTION,
DISPOSAL, TRANSFER, AND RESOURCE RECOVERY
STAFF RECOMMENDATION
It
is recommended that Ordinance No. 1362 be adopted.
BACKGROUND
The at
tached Ordinance No. 1362 was introduced for first reading at the City Council meeting of February 10, 2025, without modifications.
SUGGESTED CITY COUNCIL MOTION
I mo
ve to adopt Ordinance No. 1362.
______
____________________________
Ron Fuchiwaki
Public Works Director
Pr
epared by: Lucy Blanco, City Clerk
INDEX Page
Or
dinance No. 1362 ............................................................................. 2
AGENDA I
TEM NO.
11A
4930-0237-4932 v3
ORDI
NANCE NO. 1362
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING TITLE 6 CHAPTER 3 OF THE
SIMI VALLEY MUNICIPAL CODE RELATING TO THE
REGULATION OF SOLID WASTE STORAGE,
COLLECTION, DISPOSAL, TRANSFER, AND RESOURCE
RECOVERY
WH
EREAS, Chapter 6.03 of the Simi Valley Municipal Code regulates solid waste storage, collection, disposal, transfer and resource recovery; and WH
EREAS, Chapter 6.03 of the Simi Valley Municipal Code requires revisions to provide enforcement authority over illegal waste hauling; and WH
EREAS, Chapter 6.03 of the Simi Valley Municipal requires revisions to regulate self-hauling of organic waste.
NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6-3.02 (Definitions) of the Simi Valley Municipal Code is hereby amended to include the following new definitions, such definitions to be added into such Section in alphabetical order:
“Franchisee,” “franchised collector,” “franchised solid waste collector,” “authorized solid waste collector,” or such alternate phraseology thereof, shall mean a hauler awarded a franchise agreement by the City Council.
“Self Hauler” shall mean a person who: (i) in accordance with all applicable laws may haul discarded recyclable materials, solid waste or organic waste, and (ii) is not primarily engaged in the business of collection, removal or transportation of discarded materials, but in the course of performing the person's primary business function incidentally transports discarded materials with equipment owned or leased by that person. A self -hauler may haul: (a) construction and demolition debris incidental to work undertaken by a licensed contractor; (b) a landscape or gardening service that hauls organic materials; or (c) the sale or donation of recyclable material he or she has generated to another person, so long as no payment, including reduced or net fees to a hauler, are paid to a third party. Self - hauler also includes a person who back -hauls organic waste; "back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's employees and equipment.
SECTION 2 . Current Section 6- 3.15 (Scavenging) is renumbered to be codified as Section 6-3.16, and a new Section 6-3.15 (Self-Haulers) is added to Chapter
6.03 of the Simi Valley Municipal Code to read as follows:
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Sec. 6-3.15 Self-Haulers.
(a) All self-haulers, prior to waiver approval, must identify the facilities to which they will transport organic waste. The City reserves the right to adopt an application and permit procedure, which may be adopted by City policy or City Council resolution, for the identification, registry and/or regulation of self - haulers.
(b) Any self-hauler shall haul source-separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source- separated organic waste.
(c) Self-haulers, other than residential generators, of organic waste shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the City.
(d) Organic waste delivery records for self-haulers shall include delivery receipts and weight tickets, and the amount of material in cubic yards transported by the generator to the facility.
SECTION 3. The following sections of Chapter 6.0 3 of the Simi Valley Municipal Code are hereby renumbered for codification purposes as follows below (old section numbers shown in red strikethrough). No other revisions are made to the text of the following renumbered sections, excepting where shown in [italicized brackets] certain revisions to internal Code citations are made:
Sec. 6-3.156 Scavenging.
Sec. 6-3.167 Fees, franchises, and licenses.
Sec. 6-3.178 Commercial discard collection: License: Applications.
Sec. 6-3.189 Commercial discard collection: Licenses: Applications: Approval.
Sec. 6-3.1920 Commercial Discard Collection: Trucks and equipment in general.
Sec. 6-3.2021 Commercial discard collection: Standards.
Sec. 6-3.2122 Need and necessity hearings . [Internal citations contained in this Section referring to Section 6- 3.23 are hereby revised to reference Section 6-
3.24].
Sec. 6-3.2223 Subcontracting services.
Sec. 6-3.2324 Revocation of commercial discards collection licenses.
Sec. 6 -3.2425 Commercial discard collection: Prohibition against assignment without consent.
Sec. 6-3.2526 Commercial discard collection: Insurance.
Sec. 6-3.2627 Commercial discard collection: City to be free from liability.
Sec. 6-3.2728 Exemptions and exclusions.
Sec. 6-3.2829 Franchise standards.
Sec. 6-3.2930 Flow control.
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Sec. 6-3.3031 Recyclable commodities collection: Applications: Licenses.
Sec. 6-3.3132 Collection of recyclable commodities.
Sec. 6-3.3233 Violations.
SECTION 4. A new Section 6- 3.34 (Removal of unauthorized containers) is hereby added to Chapter 6.03 of the Simi Valley Municipal Code to read in its entirety as follows:
Sec. 6-3.34 Removal of unauthorized containers.
(a) No person other than a City authorized solid waste collector shall place a container for the accumulation of solid waste on any public right -of-way or at any premises within the City to collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the C ity that has not been placed by an authorized solid waste collector. (b) The City may post a notice to remove, as described below, on any unauthorized container placed on any public right-of-way or public or City-accessible private property within the City, in violation of this chapter in accordance with any applicable law. The notice to remove the container shall specify the nature of the violation and shall state that the unauthorized container must be removed within 24 hours, or by a specific date and time as determined by the City on a case by case basis . The container may be impounded and held by the City franchised solid waste collector , responsible for the public or City -accessible private property location where the container was placed, and the contents disposed of at the expense of the owner thereof , at the discretion of the franchised solid waste collector.
(c) If the unauthorized container is not removed within 24 hours after the notice to remove is posted or by the date and time specified on the notice, the City may direct the impoundment and storage of the unauthorized container and its contents if they contain solid waste. In all cases where the owner of the unauthorized container, whether acting alone or in concert with others, including any affiliate, agent, broker or subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment of a fee or other consideration in any form or amount from the customer in exchange for rendering all or any aspect of the service for which the container was supplied, the owner of the container shall reimburse the C ity franchisee for the actual cost of impoundment, storage and disposal of the contents of the container. All amounts due to the C ity franchisee for the cost of impoundment and disposal must be paid before the container may be returned to the owner. (d) If a container that has been impounded pursuant to this section is not claimed within 30 days after removal and notice to the owner, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. Where the contents present imminent threat to public health and safety or consist of putrescible matter, medical waste or hazardous waste, as determined by the City, the waste may be processed or disposed of without awaiting the expiration of the 30 day claim period.
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SECTION 5. Force and Effect of Remainder . Except as amended by this Ordinance, all other provisions of Chapter 3 of Title 6 of the Simi Valley Municipal Code remain unchanged and in full force and effect.
SECTION 6. Severability. If any provision of this Ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
SECTION 7. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 8. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 24th day of February 2025.
Attest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Ronald K. Fuchiwaki
Public Works Director
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