HomeMy WebLinkAboutOrdinance No. 2020-01ORDINANCE 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"
See.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 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.
1) "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 3rd day of February, 2020.
A��""j Alwil Ae�
Jo ph Rode'r6 Roclza
Mayor
ATTEST:
Je re w e Cornejo, Jr.
ity lerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing Ordinance No. 2020-01 was duly introduced
and adopted at a regular meeting of the City Council of the City of .Azusa on the 3td day of
February, 2020, by the following vote:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
AB T: COUNCILMEMBERS: NONE
J fr aw Cornejo, Jr. /
it
C erk
APPROVED AS TO FORM:
Best,Itorney
est & Krieger, L
City