HomeMy WebLinkAboutF-1 Staff Report - 2nd Reading Construction and Demo Ordinance No. 2020-01SECOND READING ORDINANCE F-1
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: FEBRUARY 3, 2020
SUBJECT: SECOND READING ORDINANCE AMENDING CHAPTER 14 OF THE
AZUSA MUNICIPAL CODE ADDING ARTICLE XVIII, CONSTRUCTION
AND DEMOLITION WASTE RECYCLING AND DIVERSION
BACKGROUND:
Effective January 1, 2011, California’s Green Building Standards Code, Section 4.408 and
5.408, required the diversion/recycling of at least 50% of the construction waste during most
new construction projects. Subsequent amendments to the legislation have expanded the types
of construction and increased diversion/recycling requirement to 65%. The proposed ordinance
would require the owners or developers of certain construction or demolition projects within the
City, which are greater than 1,000 square feet, to develop and adhere to a Construction Waste
Management Plan (CWMP).
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Read by title only, second reading and adoption, Ordinance No. 2020-01:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING CHAPTER 14 OF THE CITY OF AZUSA MUNICIPAL CODE, ADDING
ARTICLE XVIII, CONSTRUCTION AND DEMOLITION WASTE RECYCLING AND
DIVERSION
ANALYSIS:
To comply with diversion levels required by state law, the City requires all property owners or
developers performing new construction or demolition of 1,000 square feet or more to provide a
Construction Waste Management Plan (CWMP) to be submitted with the application for a
building or demolition permit for all covered projects. The CWMPs required by the proposed
APPROVED
CITY COUNCIL
2/3/2020
ordinance would outline how recoverable material will be diverted from the landfill for each
covered construction project. The final CWMP must be completed at the conclusion of the
project and submitted to the Building and Safety Division prior to final inspection.
The proposed ordinance would add Article XVIII, Construction Waste and Demolition Waste
Recycling and Diversion, to Chapter 14 of the Azusa Municipal Code, including the following
provisions, which are explained in more detail within the ordinance itself:
1) Add non-refundable Administrative Fees to be paid to the City to compensate for all
expenses incurred in reviewing an applicant’s documentation and confirming performance
of the recycling plan. The Administrative Fee is included in the Schedule of Fees and
Charges approved annually by the City Council.
2) Clarify that self-hauling of refuse (non-recyclable materials) is not allowed, and may only
be contracted with the City’s sole franchise hauler for this service, and self-hauling of
recyclable construction and demolition materials is allowed under certain conditions. Azusa
Municipal Code Section 14-575 defines the requirements for contractors/homeowners
wishing to self-haul recyclable materials to any City of Azusa approved recycling facilities.
3) Establish a procedure and enforcement mechanism to impound and fine unlawful
containers/roll off in Azusa Municipal Code Section 14-576. The Impound Fee is included
in the Schedule of Fees and Charges approved annually by the City Council.
FISCAL IMPACT:
There is no additional fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Tony Meyers Manny Robledo Matt Marquez
Building Official Director of Utilities Director of Economic and
Community Development
Liza Sagun
Env. Programs Spec.
Reviewed and Approved: Reviewed and Approved:
Sergio Gonzalez Marco A. Martinez
City Manager City Attorney
Attachment:
1) Proposed Ordinance No. 2020-01
PROPOSED ORDINANCE NO. 2020-01
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 14 OF THE CITY OF AZUSA
MUNICIPAL CODE, ADDING ARTICLE XVIII, CONSTRUCTION AND
DEMOLITION WASTE RECYCLING AND DIVERSION
WHEREAS, under California law as embodied in the California Waste Management Act
of 1989 (California Public Resources Code Sections 40000 et seq.), the City of Azusa is
required to prepare, adopt, and implement source reduction and recycling plans to reach
landfill diversion goals, and is required to make substantial reductions in the volume of
waste materials going to the landfills, or face fines up to $10,000 per day;
WHEREAS, in order to meet these goals, it is necessary that the City promote the
reduction of solid waste and reduce the stream of solid waste going to landfills;
WHEREAS, waste from construction, demolition, and renovation of buildings represents
a significant portion of the volume of waste presently coming from the City of Azusa and
much of this waste is particularly suitable for recycling and reuse;
WHEREAS, the City of Azusa is mandated by the State of California to implement
programs to reduce the amount of construction and demolition waste sent to landfills by
65% beginning the year 2017 and beyond;
WHEREAS, in order to comply with the California Green Building Standards Code
(CALGreen) Code, Section 4.408 and 5.408; the City requires Applicants as defined in
Azusa Municipal Code Section 14-567 with covered construction and demolition projects
to submit a Waste Management Plan (WMP);
WHEREAS, certain types of projects are exempt from these requirements;
WHEREAS, the City’s commitment to the reduction of waste requires the establishment
of programs for recycling and salvaging of construction and demolition waste; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Article XVIII, Section 14-567 to Section 14-581 are hereby added
to Chapter 14 of the Azusa Municipal Code as follows:
“ARTICLE XVIII, CONSTRUCTION AND DEMOLITION WASTE
RECYCLING AND DIVERSION”
Sec. 14-567: Definitions.
For the purposes of this Chapter, the following definitions shall apply:
a)"Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other entity
Attachment 1
whatsoever who applies to the City for any permit, as defined in this chapter,
and who is, therefore, responsible for meeting the requirements of this
chapter.
b) "Completion" means the earliest of the following dates: the date a temporary
certificate of occupancy is issued by the City for a project, the date a
certificate of occupancy is issued by the City for a project, the date the final
City inspection approving the project is completed, or the date on which a
permit for the project expired or that such a permit is withdrawn or cancelled.
For demolition only projects, "completion" means the date that is 30 days
after the permit was issued.
c) "Construction" means the building of any structure or any portion thereof,
and includes, without limitation, alterations or improvements to an existing
structure.
d) "Construction and Demolition Debris" means the excess or discarded
materials which are to be removed from a site during or after the construction
or demolition of any structure, fence, wall or paving.
e) “Construction Containers” means containers provided by franchise hauler.
Collection containers other than those provided by franchise hauler must
have permanent signage bearing the name and contact information of the
owner on all containers utilized at the job site.
f) "Waste Management Plan" or WMP means an application packet approved
by the director of economic and community development or his/her designee
for the purpose of reviewing project compliance with the provisions of this
chapter and outlines how recoverable material will be diverted from the
landfill.
g) "Conversion Rate" means the rate set forth in the standardized conversion
rate table for use in estimating the volume or weight of construction and
demolition debris.
h) "Covered Project" means any project meeting the thresholds set forth in
Azusa Municipal Code Section 14-569.
i) "Non-Covered Project" means any project meeting the thresholds set forth in
Azusa Municipal Code Section 14-569.
j) "Demolition" means the razing, tearing down or wrecking of any structure,
wall, fence or paving, whether in whole or in part, whether interior or
exterior.
k) "Deconstruct" and "Deconstruction" mean the careful and systematic
dismantling of a structure in order to salvage materials for diversion.
l) “Director” means the director of economic and community development or
his/her designee who is hereby designated to issue a compliance order or an
administrative citation to enforce this chapter.
m) "Divert" and "Diversion" means the reuse of construction and demolition
debris to avoid disposal in a landfill.
n) "Diversion Requirement" means the diversion of the total construction and
demolition debris generated by a project, or the lower percentage requirement
granted by exception pursuant to Azusa Municipal Code Section 14-571.
o) "Permit" means any building or demolition permit.
p) "Project" means any proposal for new or changed use, or for new
construction, alteration or enlargement of any structure, that requires a permit
from the City of Azusa.
q) "Recycling" and "Reuse" mean the process of collecting, sorting, cleansing,
treating, and reconstituting construction and demolition debris that would
otherwise be disposed of in a landfill, for use as raw material for new, reused,
or reconstituted products which meet industry standards.
r) “Self-Haul” means waste that is hauled to a transfer, processing, or disposal
facility directly by the Applicant or by someone whose primary business is
not waste hauling. Self-Hauling of refuse from a construction or demolition
site is not permitted; however, the Applicant may Self-Haul recyclable
materials if i) they own the collection container and vehicle in which the
recyclable materials are hauled and ii) they obtain a Self-Haul permit from
the City. Collection containers utilized for Self-Hauling and present at the
job site must have permanent signage bearing the name and contact
information of the owner, which shall not be a company whose primary
business is waste hauling.
s) "Structure" means anything constructed or erected that requires a location in
the ground, including a building or a swimming pool, but not including a
fence or a wall used as a fence, or driveways or walkways.
t) “Unlawful Containers/rolloff” means containers or rolloff not authorized by
the City for storage or transport of solid waste and/or recyclable material.
u) "Waste Management Plan Compliance Official" means the designated City
staff authorized and responsible for implementing this chapter.
Section 14-568: Thresholds for Covered Projects.
Unless otherwise exempted under Azusa Municipal Code Section 14-572, the following
Covered Projects shall meet the diversion requirement and shall comply with all the
provisions of this chapter:
A. Covered Projects. All new construction, demolition, and renovation
(alterations/additions) projects within the City that are 1,000 square feet or
greater as determined by the building official shall comply with this chapter.
B. City-Sponsored Projects. All City-sponsored construction, demolition, and
renovation projects shall be considered “Covered Projects” for the purposes
of this chapter and shall submit a Waste Management Plan to the WMP
compliance official prior to beginning any construction or demolition
activities and shall be subject to all applicable provisions of this chapter.
C. Compliance as a Condition of Approval. Compliance with the provisions of
this chapter shall be listed as a condition of approval on any building or
demolition permit issued for a Covered Project.
Sec. 14-569: Thresholds for Non-Covered Projects.
Applicants for construction, demolition, and renovation projects that are 1,000 square
foot or less as determined by the building official shall be encouraged to divert at least
65% of all project-related construction and demolition debris, but shall not be required to
comply with this chapter. The following Non-Covered Projects are considered
categorically exempt:
1. A project that is under the threshold of 1,000 square feet.
2. The re-roofing of any residential or commercial structure that neither
increases the building’s conditioned area, volume, nor size, (excluding
concrete roof tiles and wood shake roofing).
3. Residential pool, spa, and retaining wall projects.
4. Projects in which only plumbing, electrical, or mechanical permit is required.
5. Seismic tie-down projects.
6. Projects where no structural building modifications are required.
7. Emergency demolition projects required to protect public health or safety as
determined by the WMP Compliance Official.
8. Other projects that the WMP Compliance Official determines shall produce
no, or only a minimal quantity of, C&D waste.
9. Installation of pre-fabricated patio enclosures and covers where no foundation
or other structural building modifications are required.
10. Installation of pre-fabricated accessories such as signs or antennas where no
structural building modifications are required.
11. A project for which a valid building or demolition permit has been lawfully
issued by the City prior to the effective date of this ordinance.
Sec. 14-570: CALGreen Building Code – State Minimum Standards.
This section sets forth that all Covered Projects must comply with the following
provisions of the most current California Green Building Standards Code (CALGreen)
Sections:
• 4.408.1 Construction Waste Management Residential (recycling requirements)
• 5.408.1 Construction Waste Management Non-Residential (recycling
requirements)
• 4.410.2 Recycling by Occupants Residential (recycling enclosure
requirements)
• 5.410.1 Recycling by Occupants Non-Residential (recycling enclosure
requirements)
Sec. 14-571: Diversion Requirement.
The Applicant for a Covered Project shall divert a minimum of 65%, or the most current
California Green Building Standards Code (CALGreen) requirement, of generated
construction and demolition materials, inclusive of any future changes to the CALGreen
code.
Sec. 14-572: Diversion Requirement Exemption.
A. Application: If an Applicant for a Covered Project experiences circumstances that the
Applicant believes make it infeasible to comply with the diversion requirement, the
Applicant may apply for a diversion requirement exemption at the time that he or she
submits the Waste Management Plan required under Azusa Municipal Code Section
14-573 (Waste Management Plan) of this Ordinance.
B. Granting of Exemption: If the WMP Compliance Official determines that it is
infeasible for the Applicant to meet the diversion requirements, he or she shall
determine the maximum feasible diversion rate for waste generated by the project and
shall indicate the new diversion requirement the Applicant shall be required to meet,
and will inform the Applicant in writing of the new requirement. The Applicant shall
then have 15 calendar days to resubmit another WMP, which is in compliance with
the new diversion requirement. If the Applicant fails to resubmit, or if the resubmitted
WMP does not comply with Azusa Municipal Code Section 14-573 (Waste
Management Plan), the WMP Compliance Official shall disapprove the WMP in
accordance with Azusa Municipal Code Section 14-573.
Section 14-573: Waste Management Plan.
A. All Applicants for Covered Projects shall complete and submit a Waste Management
Plan as part of the application packet for a permit issued for a Covered Project. The
Waste Management Plan shall include the following information, calculated with the
conversion rate, and shall be attested by the Applicant, under penalty of perjury, as
true and correct for all stated facts and as a best estimate based on all information
reasonably available about the project, where all of the facts cannot be ascertained:
1. The estimated volume or weight of project waste to be generated by
material type;
2. Determine if materials will be sorted on-site or mixed;
3. The maximum volume or weight of such materials that can feasibly be
diverted via reuse, recycling or salvage for future use or sale by material
type;
4. The vendor(s) that the Applicant proposes to use to haul the materials;
5. Facility(s) the materials will be hauled to, and their expected diversion
rates (by volume or weight) by material type; and
6. Estimated volume or weight of construction and demolition waste that will
be disposed.
Because actual material weights are not available in this stage, estimates are used.
In estimating the volume or weight of materials as identified in the WMP, the
Applicant shall use the standardized conversion rates approved by the City for this
purpose. Approval of the WMP as complete and accurate shall be a condition
precedent to the issuance of any building or demolition permit. If the Applicant
calculates the projected feasible diversion rate as described above, and finds the
rate does not meet the diversion goal, the Applicant must then submit information
supporting the lower diversion rate. If this documentation is not included, the
WMP shall be deemed incomplete.
B. Approval: No building or demolition permit shall be issued for any Covered Project
unless the Building Official has approved the WMP. Approval shall not be required,
however, where emergency demolition is required to protect public health or safety.
Section 14-574: Administrative Review Fee.
Applicants for permits for a Covered Project shall pay a non-refundable administrative
review fee to compensate the City for all expenses incurred in reviewing an Applicant’s
documentation and confirming performance of the recycling plan. The Administrative
Review Fee amount is determined in accordance with a set scale by the Building
Department and included in the Schedule of Fees and Charges.
Section 14-575: On-site Practices.
A. During the term of the Covered Project, the Applicant shall recycle and reuse the
required percentage of waste, and keep records of the tonnage or other
measurements approved by the City/County that can be converted to tonnage
amounts. The WMP Compliance Official will evaluate and may monitor each
Covered Project to determine the percentage of waste salvaged and recycled or
reused from the Covered Project. For Covered Projects including both
construction and demolition, diversion of materials shall be tracked and
measured separately. To the maximum extent feasible, project waste shall be
separated on-site if this practice increases diversion. For construction and/or
demolition projects, on-site separation shall include salvageable materials (e.g.
appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard,
concrete, and corrugated cardboard.
B. Deconstruction/Recovery Interval for Covered Demolition Projects. Every
covered demolition project shall be made available for deconstruction, salvage,
and recovery prior to demolition. It shall be the responsibility of the Applicant to
recover the maximum feasible amount of designated recyclable and reusable
materials prior to demolition. Sufficient time, as determined by the Building
Official, shall be allowed for deconstruction, salvage and recovery. Recovered
and salvaged designated recyclable and reusable material from every project shall
qualify to be counted in meeting diversion requirements of Azusa Municipal Code
Section 14-571 (Diversion Requirement). Recovered or salvaged designated
recyclables and reusable materials may be given away or sold on the premises, or
may be removed to reuse facilities for storage or sale.
C. Use of City’s Exclusive Franchise Hauler for Refuse. All refuse shall be hauled
by the City’s franchise hauler per Azusa Municipal Code, Chapter 58, Section
58.37. Applicant shall work with the franchise hauler on the appropriate container
size that can be accommodated onsite.
D. Self-Hauling of Recyclable Construction and Demolition Materials. For disposal
of non-refuse recyclable construction and demolition materials, Applicants may
utilize the City’s franchise hauler or Self-Haul to any City of Azusa approved list
of recycling facilities, subject to the Self-Haul requirement that Applicant must
own the collection container and vehicle in which the recyclable materials are
hauled. All collection containers on-site shall have permanent signage bearing the
name and contact information of the Applicant, except for containers provided by
franchise hauler.
E. Approval to Self-Haul shall be subject to verification and determination of the
WMP Compliance Official. The City reserves the right to inspect Self-Hauling
activities at any time during the construction period. Upon request, the Applicant
shall be required to submit weight slips and/or other documentations as proof of
the actual disposed and diverted materials. If the Applicant fails to submit proof
of actual disposed and diverted materials specified in Azusa Municipal Code
Section 14-573, the permit to Self-Haul may be revoked and the Applicant will be
directed to use the franchise hauler until the project is completed.
Section 14-576: Impounding and fining unlawful container/roll off.
All containers used within the City shall be owned and/or operated by either (A) the City,
(B) the City’s franchised hauler, or (C) the Applicant (if Self-Hauling). All other
containers are unauthorized and may be immediately removed and impounded by the
Director or his/her designee. In addition, the Director or his/her designee may
immediately remove and impound any container(s) that create a dangerous or hazardous
condition constituting an immediate threat to public health or safety. Applicants using
their own trucks and using their own containers to collect construction and/or demolition
debris shall display permanent signage bearing the name and contact information of the
Applicant.
1) Any container/roll off used for storage or transport of solid waste and/or
recyclable material, for the purposes of this section, is deemed an "unlawful
container/roll off". The unlawful container/roll off may be removed from any
premises in the city, impounded, and fines be issued pursuant to the provisions of this
section. In the event the unlawful container/roll off has contents, such contents may
be impounded along with the unlawful container/roll off.
2) The Director or his/her designee may remove and impound any unlawful
container/roll off, and any contents thereof, which is located in the public right of way
or on any city-owned property pursuant to the provisions of this section. Prior to
removing an unlawful container/roll off, the Director or his/her designee shall give
notice to the owner of the container/roll off, identifying that the container/roll off is in
violation of this section, and stating that if the container/roll off is not removed within
twenty-four (24) hours, it may be removed and impounded by the city and/or its
designee together with any contents, which may thereafter be processed and disposed
of as set forth in this section. The notice shall be given by posting on the
container/roll off, and by telephone, if a telephone number is displayed on the
container/roll off. Notwithstanding the foregoing, if such a notice has been given at
any prior time to the person identified on the container/roll off, such person shall be
deemed to have had notice of the requirements of this section and no further notice
need be given prior to impoundment of an unlawful container/roll off which has
similar identification on it. If the unlawful container/roll off is not removed from the
city-owned property or right of way within twenty-four (24) hours, it may be
impounded, together with the contents thereof. Upon impoundment, the Director or
his/her designee shall issue a monetary fine pursuant to the provisions of this section.
Upon being so removed, impoundment shall be pursuant to subsections (4) and (5) of
this section. Upon being so fined, the fine structure shall be pursuant to subsections
(6), (7) and (8) of this section.
3) Any unlawful container/roll off located on a property not owned by the city is
hereby declared to be a nuisance and is subject to removal, impoundment, and
monetary fine pursuant to the provisions of this section. Prior to removing an
unlawful container/roll off, the economic and community development director or
his/her designee shall give notice to the owner of the container/roll off or the property
owner on which the container/roll off is situated, identifying that the container/roll off
is in violation of this section, and stating that if the container/roll off is not removed
within twenty-four (24) hours, it may be removed and impounded by the city and/or
its designee together with any contents, which may thereafter be processed and
disposed of as set forth in this section. The notice shall be given by posting on the
container/roll off or in a conspicuous place on the property, and by telephone, if a
telephone number is displayed on the container/roll off. Notwithstanding the
foregoing, if such a notice has been given at any prior time to the person identified on
the container/roll off, such person shall be deemed to have had notice of the
requirements of this section and no further notice need be given prior to
impoundment of an unlawful container/roll off which has similar identification on it.
If the unlawful container/roll off is not removed from such property within twenty-
four (24) hours, it may be impounded, together with the contents thereof. Upon
impoundment, the Director or his/her designee shall assess a recovery fee pursuant to
the provisions of this section. Upon being so removed, impoundment shall be
pursuant to subsections (4) and (5) of this section. Upon being so fined, the fine
structure shall be pursuant to subsections (6), (7) and (8) of this section.
4) The Director or his/her designee shall retain an impounded container/roll off for a
period of not less than thirty (30) calendar days, but may process and dispose of the
contents of an impounded container/roll off at any time following impoundment if
he/she determines such processing and disposal is necessary to comply with the
diversion requirements of the California Waste Management Act of 1989 (AB 939) or
to preserve the public health, safety, or welfare.
5) Within two (2) business days after removal of an unlawful container/roll off, the
Director or his/her designee shall mail written notice to the owner of the
container/roll off service, if an address can be ascertained from information on the
container/roll off itself, or to the owner of the property from which the container/roll
off was removed, if removed from private property and the owner of the
container/roll off cannot otherwise be ascertained. Such notice shall advise that the
container/roll off has been removed by the city, and if not redeemed within thirty (30)
days by the owner thereof, and all applicable charges paid, may be disposed of by the
city in any manner which the city deems appropriate.
6) Upon establishment of a violation, the Director or his/her designee shall deliver or
mail a written citation to the owner of the container/roll off service, if an address can
be ascertained from information on the container/roll off itself, or to the owner of the
property on which the container/roll off was placed.
7) Each violation is determined to be an infraction and is punishable by a fine as
specified by subsection (8).
8) The impound fee shall be assessed based on the Schedule of Fees and Charges
annually approved by a City Council. In order to retrieve the impounded
container/roll off, the container/roll off owner shall pay all related cost for towing,
storage, and content disposal, pursuant the diversion requirements of the California
Waste Management Act of 1989 (AB 939), to the storage yard.
Section 14-577: Reporting.
A. Documentation. Within 90 calendar days after the completion of any Covered Project,
the Applicant shall submit to the WMP compliance official a Post-Project
Compliance Report that demonstrates the Applicant has met the diversion
requirement for the project. The diversion requirement shall be that the Applicant has
diverted at least 65% percent by weight of the total C&D debris generated by the
project via reuse or recycling, unless the Applicant has been granted an infeasibility
exemption pursuant to Azusa Municipal Code Section 14-572 of this chapter, in
which case the diversion requirement shall be the maximum feasible diversion rate
established by the WMP compliance official for the project. If there is an exclusive
solid waste recycling franchise with the city in effect which guarantees 65% percent
diversion, use of that exclusive franchise solid waste recycling service shall be
deemed as complying with the 65% diversion requirement. Documentation shall
include all of the following:
(1) For Applicants using the exclusive franchise solid waste recycling service:
a) The dates demolition and construction actually commenced;
b) Invoice bills indicating that all material was collected and processed by the
exclusive franchise solid waste recycling service;
c) A copy of the previously approved WMP for the project;
d) Any additional information the Applicant believes is relevant to determining
its efforts to comply in good faith with this chapter.
(2) For Applicants approved to Self-Haul:
a) The dates demolition and construction actually commenced;
b) The actual weight of construction and demolition debris, listed for each
material;
c) The actual weight of construction and demolition debris that was diverted,
listed for each material;
d) A specification of the method used to determine the weights and a
certification that the method used was the most accurate, commercially
reasonable method available;
e) Original receipts from all vendors or facilities which received each
material showing the actual weight of that material;
f) A copy of the previously approved WMP for the project adding the actual
weight of each material diverted and landfilled;
g) Any additional information the Applicant believes is relevant to
determining its efforts to comply in good faith with this chapter.
B. Weighing of Wastes. To the extent practical, all construction and demolition waste
shall be weighed in compliance with all regulatory requirements for accuracy and
maintenance. For construction and demolition waste for which weighing is not
practical due to small size or other considerations, a volumetric measurement shall be
used. For conversion of volumetric measurements to weight, the Applicant shall use
the standardized conversion rates approved by the City for this purpose.
C. Determination of Compliance and Release of Performance Security. The WMP
compliance official shall review the information submitted under subsection (a) of
this section and determine whether the Applicant has complied with the diversion
requirement, as follows:
(1) Full Compliance. If the WMP compliance official determines that the
Applicant has fully complied with the diversion requirement applicable to the
project, he or she shall cause the full performance security to be released to the
Applicant.
(2) Good Faith Effort to Comply. If the WMP compliance official
determines that the diversion requirement has not been achieved, he or she shall
determine on a case-by-case basis whether the Applicant has made a good faith
effort to comply with this chapter. In making this determination, the WMP
compliance official shall consider the availability of markets for the C&D
debris landfilled, the size of the project, and the documented efforts of the
Applicant to divert C&D debris. If the WMP compliance official determines
that the Applicant has made a good faith effort to comply with this chapter, he
or she shall release the performance security to the Applicant.
(3) Noncompliance. If the WMP compliance official determines that the
Applicant has not made a good faith effort to comply with this chapter, or if the
Applicant fails to submit the documentation required by subsection (a) of this
section within the required time period, then the performance security or a
portion thereof, shall be forfeited to the City to satisfy any fines, civil penalties,
late payment penalties, administrative costs or fees and other related charges.
(4) Issuance of Certificate of Occupancy. The building official may issue a
temporary certificate of occupancy prior to submittal by the Applicant of all
documentation required by this section. The certificate of occupancy may be
finalized upon receipt of all documentation.
D. If a Covered Project involves both demolition and construction, the report and
documentation for the demolition project must be submitted and approved by the
WMP compliance official before issuance of a building permit for the construction
phase of a Covered Project. Alternatively, the Applicant may submit a letter stating
that no waste or recyclable materials were generated from the Covered Project, in
which case this statement shall be subject to verification by the WMP Compliance
Official.
Section 14-578: Fines/Penalties.
The Applicant shall pay the costs of any code enforcement activities, including attorneys’
fees, resulting from the violation of any conditions of approval for this chapter or any
provision of the Azusa Municipal Code. Violation of any provision of this chapter may
be enforced by civil action including an action for injunctive relief. In any civil
enforcement action, administrative or judicial, the City shall be entitled to recover its
attorneys’ fees and costs from an Applicant who is determined by a court of competent
jurisdiction to have violated this Chapter.
Section 14-579: Appeals.
Each Applicant shall have the right to appeal certain decisions made by the WMP
compliance official. All appeal requests shall be submitted to the City Manager or his/her
designee, in writing, within 30 calendar days of the decision of the WMP compliance
official. Determinations subject to appeal would include, but not limited to: (1) the
granting or denial of an exemption; (2) whether the Applicant has acted in good faith; and
(3) the amount of deposit to be released. A hearing shall be held on a date no more than
15 calendar days after receipt of the letter of appeal. Appellant shall be given at least 5
calendar days' notice of the time and place of the hearing. A hearing officer, appointed by
the city manager or his/her designee, shall give the appellant, and any other interested
party, a reasonable opportunity to be heard, in order to show cause why the decision or
finding should not be upheld. In all such cases, the burden of proof shall be upon the
appellant to show that there was no substantial evidence to support the decision or finding
appealed. At the conclusion of the hearing, the hearing officer shall make a final and
conclusive determination.
Section 14-580: Violation of this Chapter.
It shall be unlawful and a violation of this chapter to do any of the following:
A. To fail to comply with any provision of this chapter.
B. To provide false or misleading information in any plan, report or document required
by this chapter.
C. To fail to meet the diversion requirement for any Covered Project.
D. To fail to comply with any approved plan, report or document required by this
chapter.
Section 14-581: Option to Revise.
From time to time and when there are legislative changes, the City will evaluate the
Recycling and Diversion of Construction and Demolition Waste Ordinance to determine
its effectiveness in reducing the amount of construction and demolition waste disposed.
In this determination, the City will update the ordinance to reflect CALGreen Code
updates and consider issues such as the amount of construction and demolition waste
disposed, volume of construction and demolition activity, markets for construction and
demolition waste, and other barriers encountered by Applicants. If the City determines
the construction and demolition disposed had the potential for diversion, then the City
may amend these provisions and implement the necessary measures to divert more
construction and demolition waste.
SECTION 2. Severability. If any section, sentence, clause, or phrase of this
Ordinance, or the application thereof to any entity, person, or circumstance is held for
any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council of the City of Azusa hereby declares that it
would have adopted this Ordinance and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses, or
phrases be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 4. Publication. The City Clerk shall certify the adoption of this
Ordinance. Not later than fifteen (15) days following the passage of the Ordinance, the
Ordinance, or a summary thereof, along with the names of the City Council members
voting for or against the Ordinance, shall be published in a newspaper of general
circulation in the City of Azusa.
PASSED, APPROVED, AND ADOPTED this 18th day of February, 2020.
/s/ Joseph Romero Rocha
Mayor
ATTEST:
/S/ Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2020-X, was duly
introduced and placed for its first reading at a regular meeting of the City Council on the
21st day of January 2020, and that thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the 18th day of February, 2020 by the
following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED AS TO FORM:
/s/ City Attorney, Best Best & Krieger, LLP
Published in the San Gabriel Valley: XXXX