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1991 DecemberSUPPLEMENT INSERTION GUIDE CUPERTINO MUNICIPAL CODE December, 1991 (Covering Ordinances through 1572) This supplement consists of repainted pages replacing existing pages in the Cupertino Municipal Code. Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages." This Guide for Insertion should be retained as a permanent record of pages supplemented and should be insertedl in the front of the code. Remove Pages Insert Page;a Preface ............... Prefaa~ Checklist ........... Checklist Remove Pages Insert Pages 611-612 ........... 611-612 6145 ................. 6145 ~~.t~ 70-3-70-4 ......... 70-3-70-3 143 .... ............... 143 155---160 ......... 155-160-~3 205 .... ............... 20:5 241-242 ......... 240-1-242 301-304 ........... 301-3a4 437-440 ........437-438/44~D INDEX 627-628 ...........627-628 632-134 ........ 633-6341 636-1 .................636-1 639-640 ...........639-640 642-1 .................642-1 661-662 ...........661-663 TABLES 597-598 ........... 597-59 8 PR];FACE The Cupertino Municipal Code, originally published by Book Publishing Company in 1973, has been kept current by regular supplementation. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Mr. David H. Adams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in se- quence, the numbers of the title, chapter, and section. Thus, Section 18.12.050 is Section .050, located in Chapter .12 of Title 18. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordi- nance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification. Footnotes referring to applicable statutory provisions are located throughout the text. Asubject-matter index, with complete cross-referencing, lc-cates specific code provisions by individual section numbers. Tlris supplement brings the code up to date through Ordi- nance 1572, passed November 4, 1991. Book Publishing Company 201 Westlake Avenue North Seattle, Washington 98109 (206) 343-5700 1-800-537-7881 (~00 12-91) CHE('I~.IST CUPERTINO MUNICIPAL CODE This checklist is included to provide a positive means for ascertaining whether your code contains all current pages. After insertion of the 12-91 supplement, the Cupertino Municipal Code should contain the pages indicated below. Wherever there is a dash page, it has been listed individually. Page Number Date 1-$ ........................ (no date) 9-12 ........................... 9-91 12-1-12-2 ....................... 2-91 13-14 ...........:.............. 9-89 Title 2: 15 ............................. 1-91 17-18 ......................... 11-86 19-20 .......................... 9-91 21-22 ....................... (no date) 23 -24 .......................... 9 - 91 24-1 ............................ 9-91 25-28 ....................... (no date) 29-32 .......................... 9-91 33-44 .......................... 3-89 44-1-44-2 ....................... 3-89 45-56 ....................... (no date) 57-60 .......................... 3-89 60-1 ............................ 3-89 61-62 ....................... (no date) 63-64 .......................... 3-89 65-66 ......................... 12-87 67-70 ....................... (no date) 70-1-70-2 ....................... 3-89 70-3-70-4 ...................... 12-91 Page Number Date Title 4: 101 ......................... (no date) Title 5: 103 ............................ 1-90 105-118 ..................... (no date) 119-122 ........................ 1-90 123-134 ..................... (no date) 135-136 ........................ 3-87 137-141 ..................... (no date) 142-1-142-2 ..................... 3-89 Title 6: 143 ........................... 12-91 145-154 ..................... (no date) 155--160 ....................... 12-91 160-1-160-4 .................... 12-91 161-162 ........................ 3-89 162-1 ........................... 3-89 163-180 ..................... (no date) Title 7: 181 ......................... (no date) Title 8: Title 3: 71-84 ....................... (no date) 85-86 .......................... 9-91 87-90 ....................... (no date) 91 94 .......................... 1-90 94-1 ............................ 1-90 95-96 ....................... (no date) 97-98 ......................... 10-90 99 .......................... (no date) 183-186 ..................... (no date) 187-188 ........................ 9-89 189-202 ..................... (no date) 203-204 ........................ 9-89 Title 9: 205 ........................... 12-91 207-212 ..................... (no date) 213-216 ........................ 3-87 217-222 ..................... (no date) 223-228 ........................ 3-87 i (o~tioo wit Page Number Date 229-240 ..................... (no date) 240-1-240-4 .................... 12-91 241-242 ....................... 12-91 242-1-242-9 ..................... 9-91 Title 10: 243-244 ....................... 10-90 245-256 ..................... (no date) 257-258 ........................ 1-91 259-260 ....................... 10-90 260-1 .......................... 10-90 261-268 ..................... (no date) 269-270 ....................... 11-86 271-274 ..................... (no date) 275-276 ........................ 3-87 27h-] --------------•--......... 11-86 277-281 ..................... (no date) Title 11: 283 ............................ 1-91 285-290 ..................... (no date) 291-292 ....................... 12-87 293-294 ........................ 9-91 295-296 ........................ 2-91 296-1 .......................... 12-87 297/299 ........................ 11-86 301-304 ....................... 12-91 305-306 ..................... (no date) 307-308 ........................ 9-91 308-1 ........................... 9-91 309-310 ....................... 12-87 310-1 .......................... 12-87 311-312 ........................ 3-87 313-318 ........................ 9-91 318-1 ........................... 9-91 319-320 ....................... 10-90 320-1-320-3 ..................... 9-91 321-322 ........................ 9-89 322-1 ........................... 9-89 323-324 ....................... 12-87 325-330 ....................... 11-86 331-332 ..................... (no date) 333-334 ....................... 11-86 Page Number Date 334-1-334-2 .................... 11-86 335--338 ..................... (no date) 339-340 ........................ 3-88 340-1 ........................... 3-88 341-342 ....................... 12-87 342-1-342-2 ..................... 1-91 Title 12: 343 ......................... (no date) Title 13: 345-354 ..................... (no date) Title 14: 355 ......................... ... 9-91 357-358 ..................... (no date) 359-360 ..................... ... 3-89 360-1 ........................ ... 3-89 361-364 ..................... (no date) 365-366 ..................... ... 4-90 367-368 ..................... (no date) 368-1-368-4 .................. ... 3-89 369-378 ..................... (no date) 378-1-378-6 .................. ... 9-91 379-385 ..................... (no date) Title 15: 387 ............................ 4-90 389-398 ........................ 3-87 399/401 ......................... 9-89 403-411 ..................... (no date) 412-1-412-2 ..................... 9-91 Title 16: 413 ........................... 10-90 415-416 ........................ 9-89 416-1 ........................... 9-89 417-118 ........................ 5-88 41936 ..................... (no date) 437 ........................... 12-91 438/440 ........................ 12-91 441{44 ........................ 9-89 44550 ..................... (no date) ((~peAioo 11.91) 11 Page Number Date 451-452 ........................ 3-88 452-1 ...... ..................... 3-88 45354 ... .................... 11-86 454-1 ...... .................... 11-86 455-458 ... .................. (no date) 459-464 ... ..................... 9-89 4641-~64-2 ..................... 9-89 4643---464-14 ................... 10-90 465-472 ... .................. (no date) 473-474 ... ..................... 3 -88 474-174-2 ..................... 3-88 475580 ... ..................... 3-88 480-180-19 ................... 10-90 Title 17: 481 ......................... (no date) 483-484 ....................... 12-87 485-~$6 ..................... (no date) 487-490 ....................... 12-87 491-492 ....................... 11-86 493--494 ..................... (no date) 49596 ....................... 12-87 496-1 .......................... 12-87 497-500 ..................... (no date) 501-508 ....................... 12-87 508-1--508-2 .................... 12-87 509-510 ..................... (no date) 511-512 ....................... 12-87 513-516 ..................... (no date) Title 18: 517526 ........................ 3-87 527-530 ........................ 3-88 531 532 ........................ 3-87 533-536 ........................ 3-88 537-565 ........................ 3-87 566/568 ......................... 3-87 Title 19: 569 ......................... (no date) Title Z0: 571-588 ..................... (no date) Page Number Date Tables: 589-592 ..................... (no date) 593-594 ........................ 3-89 595-596 ..................... (no date) 597 598 ....................... 12-91 599--G04 ..................... (no date) 605-b06 ........................ 9-91 606-1 .......................... 11-86 607510 ..................... (no date) 611-612 ....................... 12-91 613514 ........................ 3-89 614-1-614-2 ..................... 3-89 6143514-4 ..................... 9-91 614-5 .......................... 12-91 Index: 615516 ..................... (no date) 617518 ........................ 9-89 618-1 .......................... 12-87 619-620 ........................ 9-89 620-1 ........................... 9-89 621-622 ........................ 3-89 623-624 ....................... 11-86 625-626 ....................... 10-90 627-628 ....................... 12-91 628-1 ........................... 1-91 629-630 ....................... 10-90 630-1 .......................... 10-90 631-632 ........................ 3-88 632-1 ........................... 3-88 633534 ....................... 12-91 6341 .......................... 12-91 635536 ........................ 9-91 636-1 .......................... 12-91 637538 ........................ 5-88 639-640 ....................... 12-91 641-642 ........................ 1-90 642-1 .......................... 12-91 643-644 ........................ 3-87 645546 ........................ 1-90 647-b50 ....................... 12-87 651-652 ........................ 1-90 65 2-1 ........................... 1-90 iii (oupertino iarvi~ Page Number Date Page Number Date 653-654 ........ ~ ................ 3-87 655-656 ........................ 3-88 657-sss ....................... la9o 6ssa ........................... la9o 658-1 ........................... 3-88 659-~--GGO ........................ 9-91 661-663 ....................... 12-91 ( ~i~ iv 2.84.010 Chapter 2.84 ENVIRONMENTAL REVIEW CONIIVIIITEE bodies it is not directly governed by Resolution Number 7571 of the Cupertino City Council. (Ord. 1535 (part), 1990) Sections: 2.84.010 Established-Composition. 2.84.020 Terms of office. 2.84.030 Chairperson. 2.84.040 Meetings-Quorum. 2.84.050 Compensation-Expenses. 2.84.060 Majority vote required. 2.84.070 Records. 2.84.080 Duties-Powers- Responsibilities. 2.84.090 Guidelines-CEQA. 2.84.100 Appeals. 2.84.110 Fees. 2.84.120 Effect. 2.84.010 Established-Composition. The Environmental Review Committee (ERC) of the City is established. ERC shall consist of one City Council person, one Planning Commissioner, the City Manager, the Director of Public Works and the Director of Community Development or their designated alternates. In addition, the chairperson may appoint one at- large nonvoting citizen member to the committee. The at-large member shall receive all agendas, noti- ficationsand materials which other members receive and shall be entitled to participate in all discussions at ERC meetings in the same manner as other mem- bers of the committee. The at-large member would serve a term of one year; provided, that he or she may be removed at the pleasure of the chair. (Ord. 1570 § 1, 1991: Ord. 1535 (part), 1990) 2.84.020 Terms of office. The terms of staff members are ongoing unless changed by action of the City Council. The term of the City Council person and Planning Commissioner shall be reviewed periodically by the City Council and Planning Commission respectively for reap- pointment or anew appointment. Because this Com- mittee is composed of staff and members of other 2.84.030 Chairperson. The Committee shall elect its chairperson and vice-chairperson from among its members and shall appoint a secretary. The secretary need not be a member of the Committee. (Ord. 1535 (part), 1990) 2.84.040 Meetings-Quorum. A. The Environmental Review Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least two regular meetings each month. B. A majority of the Environmental Review Committee shall constitute a quorum for the purpose of transacting the business of the Committee. (Ord. 1535 (part), 1990) 2.84.050 Compensation-Expenses. Members shall serve on the Environmental Re- view Committee without compensation but all nec- essary expenses reasonably incurred by them while acting in their official capacity shall be paid follow- ing appropriate action by the City Council. (Ord. 1535 (part), 1990) 2.84.060 Majority vote required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the Committee which requires a vote. (Ord. 1535 (part), 1990) 2.84.070 Records. The Committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Com- mission as may be required. (Ord. 1535 (part), 1990) 2.84.080 Dnties-Powers-Responsibilities. A. All discretionary projects which are not cate- gorically exempt or otherwise exempted from further environmental assessment, shall be forwarded to the 70-3 c 1~91~ 2.84.080 Environmental Review Committee for evaluation under the California Environmental Quality Act. B. The Committee shall evaluate the initial study of a proposed project to determine whether the project may or may not have a significant effect on the environment. C. If a determination is made that the project will not have a significant impact on the environ- ment, the Committee will recommend that the final reviewing authority (decisionmaker) grant a negative declazation. D. If a determination is made that the project may have a significant impact on the environment, the Committee shall require preparation of an envi- ronmental impact report (EIR). The major azeas of concern, the selection of the prepazer and the prepa- ration of the EIR shall be coordinated by the ERC not including the City Council and Planning Com- mission members. (Ord. 1535 (part), 1990) 2.84.090 Guidelines-CEQA. California Environmental Quality Act guidelines promulgated by the California Secretary of Resourc- es and as subsequently amended aze adopted by this reference. (Ord. 1535 (part), 1990) 2.84.100 Appeails. The project sponsor may appeal a decision to prepaze an EIR to the City Council. The appeal shall be filed in writing with the City Clerk within five working days of the Committee's decision. If the City Council determines that an EIR is not neces- sary, the project shall be returned to the ERC for further consideration. (Ord. 1535 (part), 1990) 2.84.110 Fees. The City Council may, by resolution, establish an environmental assessment fee. (Ord. 1535 (part), 1990) 2.84.120 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers. (Ord. 1535 (part), 1990) ( ia.9i~ 70-4 Title 6 FRAriCffiSES Chapters: 6.04 General Regulations 6.08 Electricity-Pacific Gas and Electric Company 6.12 Gas-Pacific Gas and Electric Company 6.16 Water-Californi:~ Water Service 6.20 Waterman Jose Water Works 6.24 Garbage-Los A11:os Garbage Company 6.28 Franchises for Community Antenna Television Systems :143 (a~pernoo 12-91) 6.24.010 Chapter 6.24 GARBAG~LOS ALTOS GARBAGE COMPANY Sections: 6.24.010 Purpose of chapter. 6.24.020 Definitions. 6.24.030 Mandatory garbage collection service; owner responsibility. 6.24.040 Commencement of garbage collection service. 6.24.050 Frequency of disposal. 6.24.060 Method of garbage disposal. 6.24.070 Garbage containers. 6.24.080 Inappropriate containers. 6.24.090 Burning solid waste restrictions. 6.24.100 Disposal of explosive or hazardous material restrictions. 6.24.110 Disposal on public property prohibited. 6.24.120 Franclise granting authority. 6.24.130 Ratification of existing franchise agreemenk 6.24.140 Continuation of contrack 6.24.150 Charges for garbage collection service. 6.24.160 Faihure to pay for garbage collection service. 6.24.170 Notification of delinquency. 6.24.180 Assignment of delinquent accounk 6.24.190 Lien initiation. 6.24.200 Notice o[ hearings on liens. 6.24.210 Administrative hearing on liens. 6.24.220 Public hearing on liens. 6.24.230 Recording of lien. 6.24.240 Collection of delinquent charges as a special assessmenk 6.24.250 Report of delinquent charges for special assessmenk 6.24.260 bevy of special assessments. 6.24.270 Collection of special assessmenk 6.24.280 Continuing appropriation accounk 6.24.290 Recycle centers. 6.24300 Unauthorized garbage collection. 6.24305 Containers stored in trash enclosures. 6.24310 Interfering with garbage collection service. 6.24320 Unauthorized use of garbage collection service. 6.24325 Rules and regulations adopted. 6.24330 Violation-Misdemeanor. 6.24340 Severability. 6.24350 Effective date. 6.24.010 Purpose of chapter. This chapter is determined and declazed to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Cupertino. (Ord. 1572 § 1 (part), 1991) 6.24.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision cleazly requires otherwise: 1. "City" means and includes .all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein. 2. "Collection station" means the location at which containers of garbage, waste or refuse are placed for collection by the authorized garbage collector. 3. "Delinquent" means a failure of the recipient of gazbage collection service, or of the property owner, to pay when due all charges owed to the gazbage collector for garbage collection service rendered or to be rendered 155 ( ia.-9i~ 6.24.020 4. "Director" means the .Director of Public Works and his/her duly authorized agents and repre- sentatives. 5. "Dwelling" means a residence, flat, duplex, apartment, townhouse, condominium or other facili- ty used for housing one or more persons. 6. "Finance Director" means the Finance Direc- tor and his/her duly authorized agents and represen- tatives. 7. "Gazbage" means all materials, substances or objects that aze discarded, including but not restrict- ed to, materials, substances or objects commonly referred to as "trash," "gazbage," "refuse" and "rub- bish" that aze produced, generated or accumulated by all residential, commercial, industrial, institution- al, municipal, agricultural and other inhabitants, premises and activities within the city, the collection of which is regulated through the -franchise agree- ment existing between the city and the authorized gazbage collector; provided, however, that "gazbage" does not include (a) hazazdous waste, (b) biomedical waste, (c) ash, (d) sewage and other highly diluted water-carried materials or substances and those in gaseous form, and (e) recyclables. 8: `Gazbage collector" means any person who is authorized by the franchise agreement existing be- tween he/she and the city, in accordance with Sec- tion 6.24.120 of this chapter, to collect, receive, carry, transport, and dispose of any gazbage pro- duced, kept or accumulated within the city. 9. "Gazbage collection service" means the col- lection, transportation and disposal of gazbage by an authorized gazbage collector. - 10. "Hazazdous wastes" means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Section 9.12.020 of the Cupertino City Code for which a hazazdous materials storage permit is required. 11. "Multiple-unit dwelling" means any premises, excluding a hotel, motel, or lodginghouse, used for residential purposes containing more than one dwell- ing unit, irrespective of whether the residency is transient, temporary or permanent. 12. "Nonresidential premises" means all premises except residential premises, including but not re- stricted to premises used for industrial, commercial, administrative and professional offices, public and quasi-public buildings, utility and transportation. 13. "Occupancy"; "occupied": Premises aze "oc- cupied" when a person or persons take or hold possession of the premises for permanent or tempo- rary use. For the purposes of determining whether a premises is occupied during periods when gazbage collection service is made available to such premis- es, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the pre- mises during such periods. 14. "Owner" means the holder or holders of legal title to the real property constituting the premises to which gazbage collection service is provided. 15. "Person" includes any person, firm, associa- tion, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any offi- cer or agency thereof. 16. "Premises" means any land, building or struc- ture, or portion thereof, within the city where any gazbage is produced, kept, deposited, placed or accumulated. 17. "Residential premises" means any single-unit dwelling or multiple-unit dwelling. 18. "Single-unit dwelling" means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwell- ing unit within a condominium project, duplex, townhouse project or apartment, and each second unit locatedwithin asingle-family residential zoning district, shall constitute a sepazate single-unit dwell- ing to which gazbage collection service is provided, unless the owner or occupants thereof arrange for gazbage collection service to be provided to all dwelling units upon the premises at commercial rates. 19. "Tenant" means any person or persons, other than the owner, occupying or in possession of a premises. (Ord. 1572 § 1 (part), 1991) (oupen;no i~9it 156 6.24.030 6.24.030 Mandatory garbage collection service--Owner responsibility. The owner of each occupied residential or nonres- idential premises shall subscribe to and pay for at least the minimum level of gazbage collection ser- vice made available to that premises by the gazbage collector, as speci5ed in the franchise agreement between the city and the gazbage collector executed pursuant to Section 6.24.120 of this chapter. The chazges for gazbage collection service rendered or made available shall be paid for all periods of time during which the premises aze occupied, regazdless of whether or not the owner or tenant has any gaz- bage to be collected onany pazticulazcollection date during such occupancy. Nothing in this section is intended to prevent an arrangement, or the contin- uance of an arrangement, under which payments for gazbage collection service aze made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for gazbage collection service as provided herein. (Ord. 1572 § 1 (part), 1991) 6.24.040 Commencement of garbage col- lection service. The owner or tenant shall commence gazbage collection service within ten days after occupancy of a premises, or portion thereof. In the event ser- vice is not initiated within such period of time, the director may give written notice to the owner or tenant that gazbage collection service is required. If service is not initiated by the owner or tenant within ten days after the date of mailing the notice, the director shall authorize the gazbage collector to begin and continue providing the minimum level of gazbage collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization. (Ord. 1572 § 1 (part), 1991) 6.24.050 Frequency of disposal. No more than one week's accumulation of gazbage shall be kept or penmitted to remain upon any premises in the City. At least once a week, all gazbage produced, kept, deposited, placed or accu- mulated within any premises in the City shall be disposed of in accordance with the provisions of this chapter. (Ord 1572 § 1 (part), 1991) 6.24.060 Method of garbage disposal All gazbage shall be disposed of by delivery of each gazbage container to an authorized collection station, located as to be readily accessible for the removal and emptying of its contents by the gazbage collector. (Ord. 1572 § 1 (part), 1991) 6.24.070 Garbage containers. A. All gazbage containers shall be kept in a sanitary condition continuously closed with a tight- fitting cover. B. Gazbage containers for residential premises shall have handle and side bails and shall not exceed thirty-two gallons capacity and shall not have a filled weight in excess of seventy pounds gross weight except for those containers furnished by the gazbage collector. Gazbage containers for commer- cial premises shall be provided by or approved by the gazbage collector. C. Gazbage containers shall be collected by the gazbage collector when the containers aze placed outside of the premises; provided, however, that said collection may be made at such other location upon approval by the Director. D. Gazbage containers shall be paced at the authorized collection station not more than twenty-four hours preceding the scheduled collection time. Such containers shall be removed from the collection station within twenty-four hours after collection. Containers provided by the gazbage col- lector shall not be moved or removed by any person other than the gazbage collector. (Ord. 1572 § 1 (part), 1991) 6.24.080 laapproprlate containers. The use of gazbage containers which do not meet the standazds set forth in Section 6.24.040 of this chapter shall be subject to regulations prescribed by the Director, including appropriate additional chazg- es to be paid the gazbage collector for the collecting :157 (a,~penioo iz-9i~ 6.24.080 and transporting of the inappropriate containers or waste contained therein. (Ord. 1572 § 1 (part), 1991) 6.24.090 Burning solid waste restrictions. It is unlawful for any person to burn, or cause to be burned, any refuse or garbage within the City or to burn, or cause to be burned, any waste upon public streets, ways or alleys. Dry waste may be burned by owners or producers thereof on privately owned property only when the hours and conditions of such burning have been approved in advance by the Fire Marshal. Each day's violation of this section shall be a sepazate and distinct offense. (Ord. 1572 § 1(part), 1991) 6.24.100 Disposal of explosive or hazardous material restrictions. No person shall deposit in any gazbage container any explosive, highly inflammable or otherwise hazazdous material or~substance, without having first made special arrangements with the gazbage collec- tor. (Ord. 1572 § 1 (part), 1991) 6.24.110 Disposal on public property prohibited. It is unlawful for any person in the City to throw or deposit refuse, gazbage or waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, pazk, or other public place, or to throw or deposit the same in or upon any vacant lot, or back yazd, or to store or keep the same otherwise than in containers as required by Section 6.24.070. Each day's violation of this section shall be a separate and distinct offense. (Ord. 1572 § 1 (part), 1991) 6.24.120 Franchise granting authority. The City Council may awazd an exclusive fran- chise to any person the Council believes is qualified to perform garbage collection service. Such fran- chise agreement shall require the gazbage collector to render service to all residential and commercial premises within the City in accordance with the provisions of this chapter and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this chapter. (Ord. 1572 § 1 (part), 1991) 6.24.130 Ratification of existing franchise agreement. The contract for the collection and transportation of gazbage produced, kept and/or accumulated in the City made and entered into the fifth day of Febru- ary,1991 and amended the day of ,1991, by and between the City and Los Altos Gazbage Company is herewith ratified and shall be continued with full force and effect during the term of said contract. (Ord. 1572 § 1 (part), 1991) 6.24.140 Continuation of contract. Except as herein provided, nothing contained in this chapter shall be construed as negating any cove- nants, promises, undertakings and obligations made and assumed by the parties to the franchise agree- ment. (Ord. 1572 § 1 (part), 1991) 6.24.150 Charges for garbage collection service. The city council reserves the right to establish by resolution a schedule of rates and chazges for all levels of garbage collection service to be rendered by the garbage collector, who shall then have au- thority to collect such rates and chazges. The sched- ule may be changed from time to time in the man- ner prescribed by the franchise agreement between the City and the gazbage collector. (Ord. 1572 § 1 (part), 1991) 6.24.160 FaUure to pay for garbage collection service. The garbage collector shall be entitled to payment from either the owner or the recipient of garbage collection service for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent chazges shall be in accordance with the procedures set forth in Sections c~ ~r~ 158 6.24.160 6.24.170 through 6.24.270 of this chapter. Garbage collection service shall not be discontinued by rea- son of any failure to pay the charges for such ser- vice. (Ord. 1572 § 1 (part), 1991) 6.24.170 Notification of delinquency. If a bill for garbage collection service remains delinquent for thirty days, the garbage collector shall be entitled to collect a late chazge in such amount as approved by the City Council. The gazbage col- lector may, at any time after such thirty-day period, send or deliver notice of delinquency to the owner indicating the amount owed for garbage collection service, the amount of late chazge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises. The form of delinquency notice shall be approved by the Finance Director. (Ord. 1572 § 1 (part), 1991) 6.24.180 Assignment of delinquent account. In the event the.bill for garbage collection ser- vice, together with any late charge thereon, is not paid within thirty days after the date of mailing the notice of delinquency to the owner, the gazbage collector may assign such bill to the City for collec- tion through the initiation of lien and special assessment proceedings in accordance with this chapter. The assignment shall include the name and address of the owner, the assessor's pazcel number of the premises, the period of garbage collection service covered by the bill, the amount owed for such service, the amount of any late chazge and such other information as requested by the Finance Director together with a copy of the notice of delin- quency mailed or otherwise delivered to the owner. (Ord. 1572 § 1 (part), 1991) 6.24.190 Lien initiation. Upon the City's receipt of the assignment from the gazbage collector, the Finance Director shall prepaze a report of delinquency and initiate proceed- ings to create a lien on the premises to which the garbage collection service was or will be rendered. The Finance Duector shall fix a time, date and place for an administrative hearing by the Finance D~rec- tor to consider any objections or protests to his report. (Ord. 1572 § 1 (part), 1991) 6.24.200 Notice of hearings on bens. The Finance Director shall send written notice of the administrative hearing to the owner of the pre- mises against which the lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll avail- able on the date the notice is mailed, at the address shown on said assessment roll or as lmown to the Finance Director. A copy of the notice shall also be mailed to the gazbage collector. The notice shall set forth the amount of delinquent garbage collection service chazges, the amount of any late chazge there- on, and the possible lien and administrative chazges as provided in Section 6.24.230 of this chapter. The notice shall also inform the owner of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the City Council, and advise the owner of his right to appeaz at both the administrative hearing and the public hearing to state his objections to the report or the proposed lien. (Ord. 1572 § 1 (part), 1991) 6.24.210 Administrative hearing on bens. At the time and place fixed for the administrative hearing, the Finance Director shall heaz and consider any objections or protests to his report. The Finance Director may correct or modify the report as he deems appropriate, based upon the evidence present- ed at the hearing, and shall notify the affected per- sons of his decision. The Finance Director shall thereupon submit a final report to the City Council for confirmation and shall furnish a copy of such report to the garbage collector. (Ord. 1572 § 1 (part), 1991) 6.24.220 Public hearing on liens. The City Council shall conduct a public hearing to consider the Finance Director's final report at the time and place set forth in Notice described in Sec- tion 6.24.200 of this chapter. At such hearing, any :t59 caan~ ix-9i) 6.24.220 interested person shall be afforded the opportunity to appeaz and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or modify any chazge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto, shall be final and conclusive. (Ord. 1572 § 1(part), 1991) 6.24.230 Recording of lien. Upon confirmation by the City Council of the final report, the Finance Director shall cause to be recorded in the Office of the Recorder for Santa Claza County, a lien against each premises described in the report for the amount of delinquent gazbage collection service chazges and late chazges as con- firmed by the City Council. The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to Sec- tion 6.24.200 of this chapter shall be notified by the Finance Director that the service chazges, chazges and administrative chazges are due and payable to the City and that said lien has been recorded. (Ord. 1572 § 1 (part), 1991) 6.24.240 Collection of delinquent charges as a special assessment. The finance director shall initiate proceedings to levy as a special assessment against the premises descn'bed in the lien recorded pursuant to Section 6.24.230 of this chapter, the sum of delinquent gazbage collection service chazges, late chazges and administrative chazges, plus an assessment chazge as established by resolution of the City Council. (Ord. 1572 § 1 (part), 1991) 6.24.250 Report of delinquent charges for special assessment. A report of delinquent chazges shall be prepazed by the Finance Director and submitted to the City Council for confirmation. The report shall indicate all chazges for which a lien has been recorded pur- suant to Section 6.24.230 of this chapter, which remain unpaid as of the date of the report. (Ord. 1572 § 1 (part), 1991) 6.24.260 bevy of special assessments. Upon confirmation by the City Council of the Finance Director's report as rendered or modified, the delinquent chazges contained therein shall consti- tute aspecial assessment levied upon the premises against which such chazges have been imposed. The Finance Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for Santa Claza County with instructions to enter the delinquent chazges as special assess- ments against the respective premises described in the Finance D'irector's report. The Tax Collector shall include such special assessment on the next regulaz bill for secured property taxes sent to the owner. (Ord. 1572 § 1 (part), 1991) 6.24.270 Collection of special assessment. The special assessment shall be collected at the same time together with and in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and pazamount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all delinquent chazg- es due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such spe- cial assessment. (Ord. 1572 § 1 (part), 1991) 6.24.280 Continuing appropriation account. There is hereby created in the general fund a contin- ~i~ 160 6.24.280 uing appropriation account entitled "Payment of Delinquent Charges For Garbage Collection Ser- vice." This acxount shall be credited with such sums as may be appropriated by the City Council, all delinquent service charges, late charges and admin- istrative chazges collected by the Finance Director, and all amounts remitted by the Tax Collector for Santa Clara County representing special assessments collected pursuant to Section 6.24.270 of this chap- ter. The delinquent garbage collection service chazg- es and late chazges shall be disbursed from said account to the gazbage collector promptly upon receipt of such payments. The administrative chazg- es and assessment chazges shall be retained by the City. (Ord. 1572 § 1 (part), 1991) 6.24.290 Recycle centers. The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such cen- ters. The City may contract with the same garbage collector awazded the franchise for gazbage collec- tion service or with any other party for the process- ing and transportation of the recyclable material collected at a recycle center. The City Council may, from time to time by resolution, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center. (Ord. 1572 § 1 (part), 1991) 6.24300 Unauthorized garbage collection. No person shall collect any gazbage produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or has been awarded a franchise by the City to act as garbage collector. (Ord. 1572 § 1 (part), 1991) 6.24305 Containers stored in trash enclosures. Any person owning, controlling or maintaining any premises within the city which is required to have and maintain trash enclosures as a condition of development or use shall keep all gazbage, refuse and waste containers within the confines of the trash enclosures at all times except when the containers are being emptied by the disposal service operator. (ord.1s72 § 1 (part), 1991) 6.24.310 Interfering with garbage collection service. No person shall, in any manner, interfere with the performance of garbage collection services being rendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized gazbage collector. (Ord. 1572 § 1 (part), 1991) 6.24320 Unauthorized use of garbage collection service. No person shall deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the gazbage collector, any garbage produced from another premises where such action results in the avoidance or reduction of any gazbage collection service chazges that would other- wise be payable for collection of such garbage from the premises at which it was produced. (Ord. 1572 § 1 (part), 1991) 6.24325 Roles and regulations adopted. The director of public works shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chap- ter, and any franchise, contract or license issued or executed thereunder, including regulations relating to the required frequency of collection from various types of places and premises, and the types of spe- cial containers required for certain classes of places and premises. The Director of Public Works shall resolve all disputes concerning the administration or enforce- ment of this chapter and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the determination of the Director of Public Works may, within ten days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons for such appeal. No violation of this chapter shall be 1fi0-1 (a~n~ iz-9i~ 6.24.325 permitted, or be continued, during the time any such appeal is pending. (Ord. 1572 § 1 (part), 1991) 6.24330 Violation-Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code. (Ord. 1572 § 1 (part), 1991) 6.24340 Severability. If a section, subsection, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this chapter shall not be affected thereby. (Ord. 1572 § 1 (part), 1991) 6.24350 Effective date. The ordinance codified in this chapter shall be in full force and effect thirty days after the date of its passage and adoption. (Ord. 1572 § 1 (part), 1991) is 9i~ 160-2 6.28.010 Chapter 6.28 FRANCffiSES FOR CObEViUNITY ANTENNA TELEVLSION SYSTEMS Sections: 6.28.010 Definitions. 6.28.020 Reserved. 6.28.030 Franchise to operate. 6.28.040 Uses permitted by grantee. 6.28.045 Regulations of rates and services. 6.28.050 Duration of franchise. 6.28.060 Terms of acquisition. 6.28.070 Franchise payments. 6.28.080 Limitations of franchise. 6.28.090 Rights reserved to City. 6.28.100 Permits, installation and service. 6.28.110 Location of property of ~~ 6.28.120 Removal and abandonment of property of grantee. 6.28.130 Changes required by public improvements. 6.28.140 Failure to perform street work. 6.28.150 Faithful performance bond. 6.28.160 Indemnification of City. 6.28.170 Inspection of property and records. 6.28.180 Operational standards. 6.28.190 Miscellaneous provisions. 6.28.200 Use of utility poles and facilities-Agreement. 6.28.210 Application for franchise. 6.28.220 Franchise renewal. 6.28.230 Acceptance-Effective date of franchise. 6.28.240 Violations-Penalty. 6.28.245 Repair service and subscriber complaints. 6.28.246 Inadequate service remedies. 6.28.247 Supervision of CATV franchises. 6.28.250 Severability. 6.28.260 Arbitration. 6.28.270 Existing franchises. 6.28.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their deri- vations shall have the meaning given in this chapter. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singulaz number include the plural number. A. "City" means the City of Cupertino, a munic- ipal corporation of the state of California, in its present incorporated form or in any later reorga- nized, consolidated, enlazged or reincorporated form. B. "Council" means the present governing body of the City or any future boazd constituting the legislative body of the City. C. "Franchise" means and includes any authori- zation granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall be in lieu of any license or permit required for the privilege of transacting and carrying on a busi- ness within the City in accordance with the provi- sions of Title 5 of the Cupertino Municipal Code. D. "Grantee" means the person, firm or corpora- tion to whom or which a franchise, as defined in this section, is granted by the Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation. E. "Street" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, pazkway, or drive, now or hereafter existing as such within the City. F. "Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter. 1~i0-3 iz-vi~ 6.28.010 G. "CATV" means a community antenna televi- sion system as defined in subsection H. (onpenino ia.Ai~ 160-4 Title 9 HEALTH AND SANITATION Chapters: 9.04 Restaurants and l! ood Establishments 9.08 Weed Abatement 9.12 Hazardous Materiials Storage 9.16 Mosquito Abatement 9.18 Nonpoint Source )Pollution and Watercourse Protection 9.20 Off-site Hazardous Waste Facilities 205 c~~ 1~1~ 9.16.120 9.16120 Action to #oreclosnre-1~me for commencement. An action to foreclose the lien shall be com- menced within six months after the filing and re- cording of the notice of lien. (Ord. 1235 (part), 1983) 9.16.130 Satisfaction of lien from proceeds of sale-Disposition of balance. When property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the Health Department, and the surplus, if any, shall be paid to the owner of the property if known, and if not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when ascertained. (Ord. 1235 (part), 1983) 9.16.140 Exemption from lien provisions. The lien provisions of this chapter do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to the Health Department the amount expended by the Health Department upon any of its property upon presentation by the Health Depart- ment of a verified claim or bill. (Ord. 1235 (part), 1983) 9.16.150 Health Officer defined. As used in this chapter, the term "Health Officer" means the Health Officer of the County of Santa Claza or authorized representative. (Ord. 1235 (part), 1983) 240-1 to~~ iasi~ 9.18.010 Chapter 9.)t8 NONPOINT SOURCE POLLUTION AND WATERCOURSE PROTECTION Chapters: 9.18.010 Purpose of chapter. 9.18.020 Definitions. 9.18.030 Limitations on point of discharge. 9.18.040 Discharge into the storm drain prohibited. 9.18.050 Public nuisance. 9.18.060 Protection from accidental discharge. 9.18.070 Accidental discharge- Notification of discharge. 9.18.080 Discharge permitted pursuant to NPDES permik 9.18.090 Environmental management account fee. 9.18.100 Collection of environmental fee. 9.18.110 Failure to pay the environmental fee. 9.18.120 Violation-Misdemeanor. 9.18.130 Civil penalty for violation- Payment of funds to accounk 9.18.140 Civil penalty for illicit discharges-Payment of funds to accounk 9.18.150 Notice of violation. 9.18.160 Administrative penalties- Payment of funds to acconnk 9.18.170 Severability. 9.18.180 Effective date. 9.18.010 Purpose of chapter. This chapter is enacted for the protection of health, life, resources, and property through preven- tion and control of unauthorized discharges into watercourses, and pursuant to a federal mandate pursuant to the Clean Water Act and in accord with the Water Quality Division of Division 7 of the California Water Code, and the City's National Pollution Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region. The primary goal of this chapter is the cleanup of stonmwater pollution from urban runoff that flows to creeks and channels, eventually discharging into the South San Francisco Bay. (Ord. 1571 § 1(part), 1991) 9.18.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. 1. "City" means and includes all the territory lying within the municipal boundaries of the City of Cupertino as existing as of the adoption of the ordi- nance codified in this chapter, plus all territory which may be added thereto during the effective term of the ordinance codified in this chapter. 2. "Director of Public Works" means the D~rec- tor of Public Works and his/her duly authorized agents and representatives. 3. "Environmental fee" means a fee assessed to cover the costs of the city's federally mandated Nonpoint Source Control and Storm Water Manage- ment Program pursuant to City's NPDES permit which shall be paid to the city's Environmental Management Account. 4. "Illicit connection" means the unauthorized connection of a wastewater stream to storm sewers. 5. "Improved property" means property with a structure or structures upon it, including, but not necessarily limited to, property used for residential, industrial, commercial, administrative and profes- sional offices, public and quasi-public building, utility and transportation. 6. "Nonpoint source pollution discharge" means any discharge, from land which results or probably will result in a discharge into watercourses. Such discharges represent a process whereby pollutants, debris, and chemicals generated from various land uses accumulate on streets, construction sites, park- ing lots and other exposed surfaces and are washed off and carried away by stormwater runoff into watercourses. The major pollutants of concern in tom ~i~ 240-2 9.18.020 these dischazges are heavy metals, sediments, petro- leum hydrocarbons, organochlorine, pesticides and toxics. 7. "NPDES permit" means a National Pollution Dischazge Elimination System permit issued by the Regional Water Quality Control Boazd, San Francis- co Bay Region. 8. "Person" includes any person, firm, associa- tion, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any offi- cer or agency thereof. 9. "Storm drain means any pipe, conduit or sewer of the city designed or used for the disposal of stormwaters and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any commu- nity sanitary sewer system. 10. "Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, that would render such water unaccept- able for disposal to storm or natural drainages or directly to surface waters. 11. "Vacant pazcels" means a pazcel of land consisting of a single lot or a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds which has been recorded, without any struc- ture existing upon it. 12. "Waste" includes sewages and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. 13. "Watercourse" means a channel in which a flow of water occurs, either continuously or inter- mittently. (Ord. 1571 § 1 (part), 1991) into a manhole or other opening in a City storm drain other than through aCity-approved storm drain connection. (Ord 1571 § 1 (part), 1991) 9.18.040 Discharge into the storm drain proW'bited. It shall be unlawful to dischazge, or cause, allow, or permit to be dischazged into any storm drain or natural outlet or channel all waste, including but not restricted to, sewage, industrial wastes, petroleum products, coal taz or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and fertilizers. The Director of Public Works may require that unpolluted cooling water or other unpolluted water be dischazged into a natural outlet. However, allow- able discharges shall not cause any impairment in the beneficial uses or quality of water of the state as defined in the California Water Code or any special requirements of the Regional Water Quality Control Boazd, San Francisco Bay Region or to injure or interfere with the operation of the State's watercourses. The City may, from time to time, by resolution of the City Council, adopt supplementary rules and regulations on dischazge into any storm drain or natural outlet or channel which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. (Ord. 1571 § 1 (part), 1991) 9.18.050 Public nuisance. The dischazge of unscreened gazbage, fruit, vege- table, animal or other solid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this chapter, is hereby declared to be a public nuisance and shall be han- dled in the same manner as provided in Chapter 1.09 of this code. (Ord. 1571 § 1 (part), 1991) 9.18.030 Limitations on point of discharge. No person shall dischazge any substance directly 9.18.060 Protection from accidental discharge. Each person shall provide protection from acci- 2.40-3 c~m~ la~i) 9.18.060 dental discharge of prohibited materials or other wastes regulated by this chapter into any storm drain or natural outlet or channel. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. (Ord. 1571 § 1 (part), 1991) 9.18.070 Accidental discharge- Notification of discharge. All persons shall notify the Director of Public Works by telephone immediately upon accidentally discharging wastes of reportable quantities as deter- mined in 40 CFR 117 to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. This notification shall be followed, within ten days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this chapter or for any fines imposed on the City on account there- of under Section 13350 of the California Water Code, or for violation of Section 5650 of the Cali- fornia Fish and Wildlife Code, or any other applica- ble provisions of State or Federal laws. (Ord. 1571 § 1 (part), 1991) 9.18.080 Discharge permitted pursuant to NPDES permit. The provisions of this chapter shall not prolibit any discharge in compliance with a valid NPDES permit issued to the discharger. (Ord. 1571 § 1 (part), 1991) 9.18.090 Environmental management account fee. A. An environmental fee shall be assessed on all properties (improved properties and vacant parcels) within the City to pay for the costs of implementing and enforcing this chapter. The City Council shall, by resolution, set forth the specific amounts of the fee for each category of property and what those amounts were based on, describe the reasonable relationship between the environmental fee and the City's No~oint Source Control and Storm Water Management Program and identify the use to which the fee is to be put. B. On an annual basis the City Council shall review the amounts set for the environmental fee and may, by resolution, modify such amounts. C. The use of the revenue raised by payment of the environmental fee shall be budgeted within a special Environmental Management Account and such revenue shall be used solely for the implemen- tation and enforcement of this chapter. (Ord. 1571 § 1 (part), 1991) 9.18.100 Collection of environmental fee. The environmental fee for all improved properties will be included in the garbage bill for those proper- ties and thus collected pursuant to Chapter 6.24 of this code. The environmental fee for all vacant parcels will be collected by the City at the time the properties develop and will be accumulative from the effective date of the ordinance codified in this chapter. (Ord 1571 § 1 (part), 1991) 9.18.110 Failure to pay the environmental fee. Upon failure to pay the environmental fee, the means of collecting delinquent charges shall be in accordance with the procedures set forth in Chapter 6.24, particularly Sections 6.24.170 through 6.24.270, of this code. The city may petition the Superior Court in any means necessary to collect any and all such delinquent charges. (Ord. 1571 § 1 (part), 1991) 9.18.120 Violation-Misdemeanor. Any person who violates any provision of this chapter is guilty of a misdemeanor and upon con- viction thereof shall be punished as provided in Chapter 1.12 of this code. (Ord 1571 § 1 (part), 1991) 9.18.130 Civil penalty for violation- Payment of funds to account. Any person who violates any provision of this ~1) 9.18.130 chapter or any provision of any permit issued pursu- ant to this chapter shall be civilly liable to the City in a sum not to exceed six thousand dollars per day per violation for each day in which such violation occurs. The City may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Fed- eral law and local ordinances. Funds collected pur- suant to this section shall be paid to City's Environ- mental Management Account. (Ord. 1571 § 1(part), 1991) 9.18.140 Civil penalty for illicit discharges-Payment of funds to account. Any person who discharges pollutants, in viola- tion of this chapter, by the use of illicit connections shall be civilly liable to the City in a sum not to exceed ten thousand dollars per day per violation for each day in which such violation occurs. The City may petition the Superior Court pursuant to Govern- ment Code Section 54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Management Account. (Ord. 1571 § 1 (part), 1991) 9.18.160 Administrative penalties- Payment of funds to account. Whenever the City Manager or his/her designee finds that any person has violated any notice of violation requiring compliance with any provision of this chapter, or has violated any provision of this chapter, he may assess an administrative penalty in a sum not to exceed six thousand dollars per day. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to the City's Environmental Management Account. (Ord. 1571 § 1 (part), 1991) 9.18.170 Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this chapter shall not be affected thereby. (Ord. 1571 § 1 (part), 1991) 9.18.180 Effective date. This chapter shall be in full force and effect thirty days after the date of its passage and adoption. (Ord. 1571 § 1 (part), 1991) 9.18.150 Notice of violation. Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.120, 9.18.130 or 9.18.140 above, or permit revocation or suspension, he/she shall issue a notice of violation which: A. Enumerates the violations found; and B. Orders compliance by a certain date. (Ord. 1571 § 1 (part), 1991) 2:41 tom ia~it 9.20.010 Chapter 9.20 OFF-SITE HAZARDOUS WASTE FACILITIES Sections: 9.20.010 9.20.020 9.20.030 9.20.040 9.20.050 9.20.060 9.20.070 9.20.080 9.20.090 9.20.100 9.20.110 9.20.120 9.20.130 9.20.140 9.20.150 9.20.160 9.20.170 9.20.180 9.20.190 9.20.200 9.20.210 9.20.220 9.20.230 9.20.240 9.20.250 9.20.260 9.20.270 9.20.280 Purpose. Applicability. Definitions. Application procedure. Notice of intent Newspaper publication. Consistency with general plan. Public hearing by OPA. Local application for land use approval. Appointment of Local Assessment Committee. Environmental assessmenk Public hearing by Planning Commission. Final decision. Appeal. Application requirements. Health and safety assessmenk Risk assessmenk Emergency contingency plan. Closure plan. Monitoring plan. Siting criteria response. Hearing notification list Mailing labels. Consistency requiremenk LAC-Appointment Membership. LAC-Duties and responsibilities. LA~Funding. OPA assistance. Sunset clause. Public hearings-Notification. 9.20.290 Criteria for the siting of transfer, treatment or incineration facilities. 9.20300 Use of permik 9.20310 Penalties. 9.20320 Severability. 9.20.010 Purpose. The purpose of this chapter is to establish uni- form standazds, land use regulations and a permit review process for controlling the location, design, maintenance and safety of off-site hazazdous waste treatment, storage, transfer and disposal facilities. This chapter is intended to implement the City's policies concerning hazardous waste management, as contained in the public health and safety element of the general plan, and is enacted in accordance with the statutory authority granted to local govern- ment agencies under the California Health and Safe- ty Code. (Ord. 1555 Part 1 § 1, 1991) 9.20.020 Applicability. A. General. The specific requirements of this chapter aze applicable to the siting and development of hazazdous waste treatment, storage, transfer and disposal facilities as defined in Section 9.20.030 of this chapter. B. Exceptions. The provisions of this chapter shall not apply to permanent on-site hazardous waste management facilities at locations where hazazdous waste is produced, and which aze owned by, leased to, or are under the control of the producer of the waste. C. State License Required. All hazardous waste management facilities regulated by this chapter shall require state licensing prior to installation and opera- tion. The project sponsor shall assume all responsi- bility in connection with obtaining licenses and entitlements from all other agencies having jurisdic- tion over such facility. (Ord. 1555 Part 2 §§ 1-3, 1991) t ix-9i~ 242 11.10.014 11.10.014. Responsibility of parents and guardians. No parent, guardian or other adult person having control, custody or care of any minor under the age of eighteen years shall permit, allow or let such minor to violate any provision of this chapter. (Ord. 1322 (part), 1985) 11.10.015 Appeal. Any person whose application for a permit is denied may appeal such decision to the City Council by filing a written notice of appeal within ten days after notification by the Chief of Police that such permit has been denied. The City Council shall thereupon conduct a hearing on said appeal within thirty days from the date of filing such notice of appeal with the City Clerk. The decision of the City Council shall be final and conclusive upon all per- sons concerned. (Ord. 1322 (part), 1985) 11.10.016 Penalty. For any violation of any provision of this chapter, the fine imposed shall be no less than the sum of fifty dollars for the first offense and one hundred dollars for the second offense. (Ord. 1322 (part), 1985) 301 ~1) 11.12.010 Chapter 11.12 SPEED LIlVI>'rS Sections: 11.12.010 Purpose. 11.12.020 Definition. 11.12.030 Establishment of prima facie speed limits. 11.12.040 Speed limit signs. 11.12.010 Purpose. It is the express purpose of the ordinance codified in this chapter to consolidate in one ordinance all speed limits established pursuant to authority con- tained in the California Vehicle Code Sections 22357 and 22358, upon streets or highways present- ly or hereafter within the City Limits, and to pro- vide ameans for incorporating therein all the speed limits that may hereafter be so established. (Ord. 490 § 1, 1971) 11.12.020 Definition. Pursuant to authority contained in the California Vehicle Code, it is determined upon the basis of an engineering and traffic survey that a speed greater or lesser than that permitted by state law as applica- ble upon the following streets would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon such streets, and it is declazed that the prima facie speed limit shall be as hereinafter set forth on those streets or parts of streets herein desig- nated when signs are erected giving notice thereof. (Ord. 490 § 2, 1971) 11.12.030 Establishment of prima facie speed limits. The prima facie speed limits on certain streets or highways, situated within the City of Cupertino, State of California shall be as set forth in Table 11.12.030. (Ord. 1566, 1991; Ord. 1556, 1991: Ord. 1548,1991: Ord.1542,1990; Ord. 1507, 1989; Ord. 1243, 1983; Ord. 1067 § 1, 1980: Ord. 1023 § 1, 1980: Ord. 955 § 1,1979; Ord. 945 § 1,1979; Ord. 939 § 1,1979: Ord. 915 (part), 1979: Ord. 490 § 4, 1971) 11.12.040 Speed limit signs. The City Manager is instructed to have a standazd type of speed limit sign installed at each applicable intersection of the street or highway enumerated in Section 11.12.030. (Ord. 915 (part), 1979: Ord. 490 § 5, 1971) tom r~i~ 302 TABLE; 11.12.030 DECLARED PRIMA FACIE NAME OF STREET OR POR:TION SPEED LIlVIIT AFFECTED (Miles per Hour) Blaney Avenue presently or hereafter within the City of Cupertino, and situated between Bollinger Road and Beekman Place 30 Blaney Avenue situated between Beekman Place: and Homestead Road 35 Bollinger Road presently or hereafter within the City of Cupertino, and situated between De Anza Boulevazd and thr, easterly City limits 35 Bollinger Road west of De Anna Boulevard 30 Bubb Road presently or hereafter within the City of Cupertino, and situated between Rainbow Drive and McClellan :Road 30 Bubb Road situated between McClellan Road acid Stevens Creek Boulevazd 35 Cristo Rey Drive within the City limits and beriWeen Foothill Boulevard and the West City limits 30 De Anza Boulevard situated between Bollinger Road and a point 700 feet north of Homestead Road 40 Finch Avenge -Stevens Creek Boulevard to V allco Parkway • 35 Foothill Boulevard presently or hereafter within the City of Cupertino, and situated between McClellan Road and Stevens Creek Boulevard 30 Foothill Boulevard presently or hereafter within the City of Cupertino, and situated between Stevens Creek Boulevazd and Junipero Serra Freeway 40 Homestead Road presently or hereafter within the City of Cupertino, and situated between Foothill Boulevazd and a point 850 feet, more or 35 less, east of Tantau Avenue Mary Avenue situated between Stevens Creek Boulevard and Meteor Drive 35 McClellan Road presently or hereafter within the City of Cupertino, and situated between De Anza Boulevard and Bubb Road 30 McClellan Road situated between Mira Vista Avenue and a point 900 feet southerly and easterly thereof 25 Miller Avenue presently or hereafter within the City of Cupertino, and situated between Stevens Creek Boulevazd and a point 50 feet, more or less, north of Calle de Barcelona 30 :i03 to,~ iz-9i~ Miller Avenue presently or hereafter within the City of Cupertino, and situated between Phil Lane and Bollinger Road 35 Prospect Road situated between Sazatoga-Sunnyvale Road and Stelling Road 30 Pruneridge Avenue situated between Wolfe Road and a point 350 feet, more or less, east of Tantau Avenue 35 Rainbow Drive situated between Sazatoga-Sunnyvale Road and Stelling Road 35 Rodrigues Avenue from Blaney Avenue to De Anza Boulevazd 30 Saratoga-Sunnyvale Road presently or hereafter within the City limits of Cupertino, between Prospect Road and Bollinger Road 40 Stalling Road presently or hereafter within the City of Cupertino, and situated between Homestead Road and Alves Drive 30 Stalling Road presently or hereafter within the City of Cupertino, and situated between Alves Drive and Prospect Road 35 Stevens Canyon Road presently or hereafter within the City of Cupertino, situated between the southerly City limits and McClellan Road 30 Stevens Creek Boulevard presently or hereafter within the City of Cupertino and situated between the westerly City limits and the easterly City limts 35 Tantau Avenue situated between Stevens Creek Boulevazd and Homestead Road 35 Vallco Parkway situated between Wolfe Road and Tantau Avenue 35 Wolfe Road situated between Stevens Creek Boulevazd and Homestead Road 35 c is-si~ 304 16.16.010 Chapter 16.16 ELECTRICAL CODE ADOPTED# Sections: 16.16.010 Adoption of 1990 California Electrical Code. 16.16.020 Article 100 amended- Definitions. 16.16.030 Electrical fee schedule. 16.16.040 Interpretation. 16.16.045 Electrical maintenance program. 16.16.050 Violation-Penalty, amended. • For statutory provisioffi authorizing cities to regulate the materials used in wising structures for electricity and in piping them for electric supply, and to regulate the manner of such piping, see Gov. Code ~ 38660. Prior ordinance history: Ords. 535, 634, 814, 834, 1087, 1312, 1360. 16.16.010 Adoption of 1990 California Electrical Code. The provisions of the 1990 California Electrical Code and each and all of the regulations, provisions, conditions and terms of the code (one copy of which has been filed for use and examination by the public in the office of the Building Department) is referred to as if fully set forth in this chapter, and is by such reference adopted. (Ord. 1567 (part), 1991: Ord. 1493 (part), 1989: Ord. 1379 (part), 1987) 16.16.020 Article 100 amended Defmitions. Article 100 is amended by adding thereto the following: A. Electrical Contractors: For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical con- tractor's license issued by the State of Cali- fornia. B. Journeyman Electrician: A journeyman electrician is an electrician qualified by train- ing and experience to do electrical work in conjunction with new construction and/or rework of existing systems. C. Maintenance Electrician: An electrician qualified by training and experience to do the recurring work required to keep a facility in such condition that it may be utilized at its designated capacity and efficiency, to do repair work by replacement or overhaul of constituent parts or materials to keep or re- store afacility to a condition substantially equivalent to its original or design capacity or efficiency. Electrical work shall be done only by: a. Owner/occupant b. Electrical contractors who are in compliance with the State licensing laws c. General Building Contractor with current B-1 license in conjunction with building permit Only. d. Maintenance electrician (Ord. 1567 (part), 1991: Ord. 1379 (part), 1987) 16.16.030 Electrical fee schedule. Electrical fees shall be paid to the City as set forth in the latest resolution adopted by the City. (Ord. 1567 (part), 1991: Ord. 1441 (part), 1988: Ord. 1379 (part), 1987) 16.16.040 Interpretation. A. The language used in this code, and the Cali- fornia Electrical Code, which is made a part of this code by reference, is intended to convey the com- mon and accepted meaning familiar to the electrical industry. B. The Building Official or his assistants is authorized to determine' the intent and meaning of any provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public. (Ord. 1567 (part), 1991: Ord. 1379 (part), 1987) 16.16.045 Electrical maintenance program. Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any ~G37 (f~pertloo 12-61) 16.16.045 property which such person owns or occupies, may designate a qualified electrician as a maintenance electrician. Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the City cover- ing all installations, additions, or alterations. All such work shall be installed and done in accordance with the provisons of the Electrical Code, and shall be subject to the payment of fees, and to inspection by the electrical inspector to the same extent as similar work performed by other persons and for which such inspection is provided. (Ord. 1567 (part), 1991: Ord. 1379 (part), 1987) 16.16.050 Violation-Peaalty, amended. Section 204 of the California Electrical Code is amended to read as follows: Section 204 Any person, firm, corporation, partnership or co-partnership who willfully violates any of the provisions, or fails to comply with any of the mandatory requirements of this Ordinance is guilty of an infraction, and uponconviction there- of, shall be punishable as provided in Chapter 1.12 of the Cupertino Municipal Code, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Cupertino or other political subdivision, or any person, firm, corporation or partnership may be otherwise entitled and the City of Cupertino or any other political subdivi- sion or person, firm, corporation or partnership may file a suit in the Superior Court of the Coun- ty of Santa Clara, to restrain, or enjoin any at- tempted or proposed subdivision, or acts, in vio- lation of this Chapter. (Ord. 1567 (part), 1991: Ord. 1379 (part), 1987) c ~~~t 438/440 ORDINANCE LIST 344 Rezone (Special) 345 Amends Ord. 2, zoning (Not codi- fied) 346 Rezone (Special) 347 Fire limits (Not codified) 348 Amends Ord. 2, zoning (Not codi- fied) 349 Amends Ord. 2, zoning (Not codi- fied) 350 Amends Ord. 2, zoning (Not codi- fied) 351 (Number not used) 352 Amends Ord. 2, zoning (Not codi- fied) 353 Signs (Repealed by 746) 354 Annexation (Special) 355 Annexation (Special) 356 Signs (Special) 357 Amends Ord. 2, zoning (Not codi- fied) 358 Amends Ord. 2, zoning (Not codi- fied) 359 Stop signs (Repealed by 467) 360 Amends Ord. 2, zoning (Not codi- fied) 361 Annexation (Special) 362 Amends Ord. 2, zoning (Not codi- fied) 363 Amends Ord. 2, zoning (Not codi- fied) 364 Annexation (Special) 365 Amends Ord. 2, zoning (Not codi- 5ed) 366 Amends Ord. 2, zoning (Not codi- fied) 367 Amends Ord. 2, zoning (Not codi- fied) 368 Employees' retirement system (2.56) 369 Annexation (Special) 370 Amends Ord. 2, zoning (Not codi- fied) 371 Amends Ord. 2, zoning (Not codi- fied) 372 Amends Ord. 2(cv, zoning (Not codi- fied) 373 Amends Ord. 2, zoning (Not codi- fied) 374 Speed limits, repeals Ord. 316 (Re- pealed by 490) 375 Speed limits, repeals Ord. 294 (Re- pealed by 490) 376 Amends Ord. 2, zoning (Not codi- fied) 377 Documentary stamp tax (3.04) 378 Amends Ord. 2, zoning (Not codi- fied) 379 Amends Ord. 2, zoning (Not codi- fied) 380 Amends Ord. 2, zoning (Not codi- fied) 381 Trees (14.16) 382 Indecent. exposure (Not codified) 383 Amends Ord. 2, zoning (Not codi- fied) 384 Amends Ord. 2, zoning (Not codi- fied) 385 Amends Ord. 2, zoning (Not codi- fied) 386 Bond election (Special) 387 Amends Ord. 2, zoning (Not codi- fied) 388 Amends Ord. 2, zoning (Not codi- fied) 389 City Council meetings, repeals Ords. 9, 9(a), 9(c) (2.04, 2.08, 2.12) 389(x) Amends Ord. 389, City Council meet- ings (2.04) 390 Annexation (Special) 391 Stop signs (Not codified) 392 Amends Ord. 2, zoning (Not codi- fied) 393 Municipal salaries (2.16) 394 Amends Ord. 2, zoning (Not codi- fied) 395 Amends Ord. 2, zoning (Not codi- fied) 396 Amends Ord. 2, zoning (Not codi- fied) 397 Annexation (Special) 597 ta~m~ 1~.91~ TABLES 398 Amends Ord. 2,. zoning (Not codi- 424 Amends Ord. 2, zoning (Not codi- fied) fled) 399 Amends Ord. 2, zoning (Not codi- 425 Amends Ord. 2, zoning (Not codi- fied) fled) 400 Amends Ord. 2, zoning (Not codi- 426 Annexation (Special) fled) 427 Annexation (Special) 401 Amends Ord. 2, zoning (Not codi- 428 Amends Ord. 2, zoning (Not codi- fied) fled) 402 Amends Ord. 2, zoning (Not codi- 429 Annexation (Not codified) fled) 430 Annexation (Not codified) 403 Amends Ord. 2, zoning (Not codi- 431 Amends Ord. 2, zoning (Not codi- fied) fled) 404 Stop signs (Repealed by 467) 432 Amends Ord. 2, zoning (Not codi- 405 Weed abatement (9.08) fled) 406 Trees (14.16) 433 Amends Ord. 2, zoning (Not codi- 407 Amends Ord. 125, trees (14.12) fled) 408 Rabies control (Repealed by 565) 434 Amends Ord. 2, zoning (Not codi- 409 Soil reports(16.12) fled) 410 Rezone (Special) 434(a) Rezone (Special) 411 Amends Ord. 2, zoning (Not codi- 435 Missing fled) 436 Amends Ord. 2, zoning (Not codi- 412 Gambling (10.28) fled) 413 Wrecked or inoperative vehicles 437 Amends Ord. 2, zoning (Not codi- (11.04) fled) 414 Amends Ord. 2, zoning (Not codi- 438 Amends Ord. 2, zoning (Not codi- fied) fled) 415 Amends Ord. 2, zoning (Not codi- 439 Amends Ord. 2, zoning (Not codi- fied) fled) 415(a) Amends Ords. 2 and 415, zoning (Not 440 Amends Ord. 2, zoning (Not codi- codified) fled) 416 Amends Ord. 2, zoning (Repealed by 441 Amends Ord. 2, zoning (Not codi- 220j) fled) 417 Drive-in businesses (Repealed by 442 Amends Ord. 2, zoning (Not codi- 220j) fled) 418 Annexation (Special) 443 Amends Ord. 2, zoning (Not codi- 419 Annexation (Special) fled) 420 Garbage disposal (Repealed by 1572) 444 Amends Ord. 2, zoning (Not codi- 421 Amends Ord. 2, zoning (Not codi- fled) fled) 445 Amends Ord. 2, zoning (Not codi- 422 Amends Ord. 2, zoning (Not codi- fled) fled) 446 Miring 423 Amends Ord. 2, zoning (Not codi- 447 Fireworks, repeals Ords. 169, 175, fled) 200, 200(a) and 200(b) (Repealed by III Busines licenses (5.04) 895) 448 Stop signs (Not codified) (o,~pertino is sib 598 ORDINANCE LIST 1136 ~ Amends Ord.. 652, zoning (Not codi- fied) 1137 Amends § 15.08.020, metered water service (15.08) 1138 Adds H to §§ 11.26.110, pazking (11.26) 1139 Rezone (Special) 1140 Amends § 11.24.150, pazking (11.24) 1141 Amends § 11.28.070, pazking (Repealed by 1301) 1142 Rezone (Special) 1143 Amends Ch. 16.08, excavations, grading and retaining walls (16.08) 1144 Rezone (Special) 1145 Rezone (Special) 1146 Rezone (Special) 1147 Amends contract with Boazd of Admin- istration of California Public Employees Retirement System (Not codified) 1148 Amends § 11.24.150, pazking prohibi- tions (11.24) 1149 Amends § 10.48.062, noise control (10.48) 1150 Date of municipal elections (Superseded by 1164) 1151 Amends §§ 11.24.150 and 11.24.160, pazking proldbitions (11.24) 1152 Amends §§ 11.24.150 and 11.24.160, pazking prohibitions (11.24) 1153 Rezone (Special) 1154 Rezone (Special) 1155 Amends § 11.24.150, pazlting prohibi- tions (11.24) 1156 Amends § 11.20.020, stops (11.20) 1157 Prezone (Special) 1158 Rezone (Special) 1159 Prezone (Special) 1160 Rezone (Special) 1161 Rezone (Special) 1162 Rezone (Special) 1163 Amends § 11.24.170, pazking (11.24) 1164 Supersedes Ord. 1150; date of general municipal elections (2.76) 1165 Rezone (Special) 1166 Amends §§ 2.32.020, 2.36.020, 2.44.040, 2.60.020, 2.68.020 and 2.74.020, ap- pointments to advisory bodies (2.32, 2.36, 2.44, 2.60, 2.68, 2.74) 1167 Amends §§ 2.32.040, 2.36.040, 2.38.040, 2.44.040, 2.60.040, 2.68.040 .and 2.74.040, officers of advisory bodies (2.32, 2.36, 2.38, 2.44, 2.60, 2.68, 2.74) 1168 Adds §§ 16.40.165, 16.40.166 and 16.40.180, smoke detection devices (16.40) 1169 Rezone (Special) 1170 Amends § 11.24.150, pazking (11.24) 1171 Prezone (Special) 1172 Amends §§ 11.24.150 and 11.24.160, stopping, standing and pazking (11.24) 1173 Amends § 11.08.290, bicycle lanes (11.08) 1174 Prezone (Special) 1175 Adds Ch. 15.30, cross-connections and backIIow protection (15.30) 1176 Extends Ch. 10.26 (Special) 1177 Rezone (Special) 1178 Amends § 11.24.150, pazking restrictions (11.24) 1179 Adds §§ 5.08.110, 5.40.070, 16.44.150 and 16.52.016; amends §§ 1.12.010, 3.08.170, 3.09.170, 3.12.140, 5.04.560, 5.16.070, 5.24.150, 6.24.220, 8.04.150, 9.04.130, 10.10.030, 10.28.020, 10.46.070, 10.48.012, 10.52.090, 10.68.060, 10.76.020, 11.26.130, 11.28.060, 11.32.090, 13.04.240, 14.08.100, 14.20.120, 16.28.080, 16.32.080 and 18.24.080, penalties; repeals § 18.1 of Ord. 002(4), § 7.1 of Ord. 276, and § 16.04.160 (1.12, 3.08, 3.09, 3.12, 5.04, 5.08, 5.16, 5.24, 5.40, 8.04, 9.04, 10.10, 10.28, 10.46, 10.48, 10.52,10.68,10.76,11.26,11.28,11.32, 13.04,14.08,14.20,16.28,16.32,16.44, 16.52, Title 18) 1180 Date of general elections (2.76) 1181 Amends § 11.20.030, all-directional veliculaz stop (11.20) 1182 Rezone (Special) 1183 Rezone (Special) fill (ate ia.9it TABLES 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 Rezone (Special) Rezone (Special) Repeals subsection (k) of § 15.12.080, waterworks system (15.12) Amends § 3.12.030, transient occupancy tax (3.12) Amends §§ 8.08.070 and 8.08.200, ani- mal control (8.08) Adds §§ 8.08.391 and 8.08.392; amends §§ 8.08.040, 8.08.380, 8.08.390, 8.08.400, 8.08.420 - 8.08.480, animal control (8.08) (Not used) Extends expiration date of Ch. 10.26, police alarm systems and devices (10.26) Amends § 2.08.090, city council meet- ings (2.08) (Not adopted)' Rezone (Special) Prezone (Special) Amends § 11.32.090, truck traffic routes (11.32) Adds Ch. 11.27, permit parking zone (11.27) Rezone (Special) Adds § 2.44.120, azchitectural and site approval committee (2.44) Amends § 16.12.020, preliminary soil report (16.12) Rezone (Special) Amends Title 18, subdivisions (Title 18) Amends §§ 11.24.150 and 11.24.160, pazking (11.24) Adds to § 11.20.020, stop intersections (11.20) (Pending) Rezone (Special) Amends §§ 10.26.080, 10.26.090 and 10.26.140 and repeals § 10.26.180, po- lice alarms (10.26) Adds subsection F to § 17.32.100 and § 17.08.085; amends § 17.32.070; signs (17.08, 17.32) Rezone (Special) 1210 Amends subsection A of § 3.12.030, transient occupancy tax (3.12) 1211 Amends Ch. 11.30, traffic in downtown azea (11.30) 1213 Amends § 2.32.050, planning commis- sion (2.32) 1215 Adds § 8.08.255, rabies control (8.08) 1217 Amends § 15.08.020, water rates (15.08) 1218 Adds to § 11.24.150, pazking (11.24) 1219 Amends § 2.12.040, ordinance passage (2.12) 1220 Adds Ch. 9.12, hazazdous materials storage (9.12) 1221 Amends § 11.24.150, stopping, standing and pazking (11.24) 1222 (Pending) . 1223 Rezone and prezone (Special) 1224 Adds § 3.32.045; amends §§ 3.32.020, 3.32.040, 3.32.050, 3.32.070, 3.32.080 and 3.32.100, construction tax (3.32) 1225 Amends § 2.12.020, ordinance and reso- lution passage (2.12) 1226 Amends § 11.20.020, stop intersections (11.20) 1227 Rezone (Special) 1228 Renumbers § 11.08.300 to § 11.08.310; adds new § 11.08.300; amends § 11.08.290, bicycles (11.08) 1229 Rezone (Special) 1230 Rezone (Special) 1231 Prezone (Special) 1233 Amends Ch. 2.74, Cable Television Advisory Committee (2.74) tom i~i~ 612 ORDINANCE LIST 1543 Amends Ord. 778, heritage and specimen trees (14.18) 1544 Amends § 11.08.250, bicycles (11.08) 1545 Amends § 11.24.160, pazking (11.24) 1546 Amends §§ 1.09.060, 1.09.140; repeals and replaces 1.09.070, nuisance abate- ment (1.09) 1547 Amends §§ 11.24.150 and 11.24.160, pazking regulations (11.24) 1548 Amends § 11.12.030, speed limits (11.12) 1549 Amends § 2.32.050, Planning Commis- sion meetings (15.49) 1550 Prezone (Special) 1551 Amends §§ 2.20.030, 2.20.040, 2.20.050, 2.20.070, 2.20.080, 2.20.100 and 2.20.110, city clerk (2.20) 1552 Amends § 11.20.020, traffic regulations (11.20) 1553 Amends § 11.24.150, pazking regulations (11.24) 1554 Rezone (Special) 1555 Adds Ch. 9.20, off-site hazazdous waste facilities (9.20) 1556 Amends § 11.12.030, speed limits (11.12) 1557 Amends §§ 11.20.020, traffic regulations (11.20) 1558 Water conservation (15.32) 1559 Prezone (Special) 1560 Amends § 11.08.160, bicycles (11.08) 1561 Amends § 2.08.090(A), city council meetings (2.08) 1562 Amends § 11.24.150, pazking regulations (11.24) 1563 Amends § 3.12.030(A), transient occu- pancy tax (3.12) 1564 Amends § 11.24.150, pazking regulations (11.24) 1565 PERS contract amendment (Special) 1566 Amends § 11.12.030, speed limits (11.12) 1567 Amends Ch. 16.16, electrical code (16.16) 1568 Amends § 128.1 of Ord. 220(n, zoning (Not codified) 1569 Adds §§ 19.21.080-19.21.140, zoning (Not codified) 1570 Amends § 2.84.010, environmental re- view committee (2.84) 1571 Adds Ch. 9.18, nonpoint source pollution (9.18) 1572 Repeals and replaces Ch. 6.24, gazbage collection (6.24) 614-5 to~~ ia.9i~ DISASTER COUNQL Mutual aid provided 2.40.090 Powers, duties 2.40.030 Purposes 2.40.010 Violation, penalty 2.40.110 DOCUMENTARY STAMP TAX Administration, authority 3.04.090 Exception conveyance order of Securities and Exchange Commission 3.04.070 reorganization, adjustment 3.04.060 government 3.04.050 instrument to secure debt 3.04.040 realty held by partnership 3.04.080 Imposition, rate 3.04.020 Payment responsibility 3.04.030 Refund claim, authority 3.04.100 Short title, authority 3.04.010 Code adopted 16.16.010 amendments Article 100 16.16.020 Section 204 16.16.050 violation, penalty 16.16.050 Definitions 16.16.020 Fee schedule 16.16.030 Interpretation of provisions 16.16.040 Maintenance electrician defined 16.16.020 designation, duties 16.16.045 Work, authorized persons designated 16.16.020 EMERGENCY See DISASTER COUNCIL EMPLOYEE, CITY See PERSONNEL DOG See ANIMAL DRUG PARAPHERNALIA Exhibition, minors prohibited 10.70.010 Severability of provisions 10.70.020 - E - EARTHQUAKE See BUILDING TOXIC GASES UNREINFORCED MASONRY BUILDINGS ELECTIONS, MUNICIPAL Date change copy forwarding 2.76.030 designated 2.76.020 voter not cation 2.76.040 Held when 2.76.010 ELECTRICAL Ampacity requirements 16.16.060 EMPLOYEES' RETIREMENT SYSTEM See PERSONNEL ENERGY COMMISSION Compensation, expenses reimbursement 2.38.080 Effect of provisions 2.38.070 Establishment 2.38.010 Meetings, officers, staff, quorum 2.38.040 Member tenor 238.020 vacancy filling 238.030 Powers, duties 2.38.060 Recordkeeping 2.38.050 Review 2.38.090 ENGINEER, CITY Preliminary soil report approval 16.12.050 Subdivision . certificate of compliance detenmination 18-1.1203 certificate of noncompliance determination 18-1.1204 1127 (G~pertloo 1x.91) ENGINEER, CITY final map approval 18-1.402.5.3 dedication acceptance 18-1.402.4 form approval 18-1.402.3 review 18-1.402.5.2 improvement acceptance 18-1.812.1 argument preparation 18-1.807 security reduction 18-1.808.6 time extension 18-1.811.3 waiver 18-1.803.1 improvement plans approval 18-1.806.6 form approval 18-1.806.2 review 18-1.806.5 revision request 18-1.806.7.2 map amendment approval 18-1.1103 deposit requirement authority 18-1.1105 hearing 18-1.1101 parcel map checking, content requirements waiver 18-1.502.5 review 18-1502.6 waiver authority 18-1303, 18-1502.9 responsibilities 18-1.202.3 reversion to acreage petition form prescription 18-1.902.1 review 18-1.904 tentative map amendment approval 18-1.401.6 Truck route signing 1132.020 ENTERTAINMENT DEVICE Business license See also BUSINESS LICENSE fee 5.04.490 ENVIRONMENTAL PROTECTION CEQA guidelines adopted 2.84.090 ENVIRONMENTAL REVIEW COMMITTEE Appeals 2.84.100 City powers not restricted 2.84.120 Chairperson 2.84.030 Compensation, expense reimbur,ement 2.84.050 Environmental assessment fee 2.84.110 Established, composition 2.84.010 Meetings majority vote 2.84.060 quorum 2.84.040 Office, term 2.84.020 Powers, duties 2.84.080 Record of proceedings 2.84.070 EQUIPMENT, SURPLUS, SALE Auction bidding, payment 3.25.060 required 3.25.050 Between agencies 3.25.080 Centralization required 3.25.030 Notice 3.25.040 Officer designated, powers, duties generally 3.25.020 Open market, when 3.25.070 Severability of provisions 3.25.100 System adopted 3.25.010 To officer, employee of city, restrictions 3.25.090 EXCAVATION, GRADING, RETAINING WALLS Appeals 16.08.265 Bedrock defined 16.08.020 Bond requirements 16.08.150 City defined 16.08.020 Civil engineer defined 16.08.020 grading supervision See Grading Definitions 16.08.020 Director defined 16.08.020 Engineering geological reports 16.08:120 Engineering geology defined 16.08.020 Erosion defined 16.08.020 Existing grade defined 16.08.020 (oupenloo 12A1) 628 FRANCHISE San Jose waterworks designated 6.20.010 effective date, publication 6.20.060 gross annual receipts, percentage payment to city 6.20.050 maintenance notice 6.20.020 required 6.20.030 term 6.20.040 Water See California water service See San Jose waterworks FUND Special gas tax street improvement See SPECIAL GAS TAX STREET IMPROVEMENT FUND Investment 2.24.050 - G - GAMBLING Unlawful 10.28.010 Violation, penalty 10.28.020 GARAGE, PATIO SALE Definitions 5.16.020 Enforcement 5.16.060 Findings 5.16.010 Garage defined 5.16.020 Goods display 5.16.050 Limitation 5.16.030 Patio defined 5.16.020 Sane defined 5.16.020 Sign See also SIGN confiscation 5.16.042 restrictions 5.16.040 Violation penalty 5.16.070 presumption 5.16.041 GARBAGE Administration, enforcement, regulations adoption 6.24.325 Burning, restrictions 6.24.090 . City defined 6.24.020 Collection See also Specific Subject unauthorized, prohibited 6.24.300 Collection service charges See also Delinquent account mandatory, owner responsibilities establishment, collection 6.24.150 failure to pay, effect 6.24.160 commencement, time limits 6.24.040 defined 6.24.020 franchise existing, continuance 6.24.130 grant, scope, authority 6.24.120 provisions not to negate 6.24.140 interference prohibited 6.24310 mandatory, owner responsibilities 6.24.030 unauthorized use prohibited 6.24320 Collection station defined 6.24.020 Collector defined 6.24.020 franchise See Collection service Container inappropriate, additional charges when 6.24.080 standards, use regulations 6.24.070 trash enclosure required when, requirements 6.24.305 Defined 6.24.020 Definitions 6.24.020 Delinquent account appropriation account created, purpose, use 6.24.280 collection, procedure 6.24.180 lien See also collection, procedure initiation 6.24.190 recordation 6.24.230 ~i33 ( i~9il GARBAGE lien hearing city councd hearing 6.24.220 finance director hearing 6.24.210 notice 6.24.200 notice 6.24.170 . special assessment ' collection as, when 6.24.240 collection procedure 6.24.270 levy, procedure 6.24.260 report, contents 6.24.250 Delinquent defined 6.24.020 Director defined 6.24.020 Disposal explosive, hazardous materials 6.24.100 frequency 6.24.050 methods designated 6.24.060 public property, unlawful 6.24.110 Dwelling defined 6.24.020 multiple-unit dwelling defined 6.24.020 single-unit dwelling defined 6.24.020 Effective date of provisions 6.?A.350 Finance director defined 6.24.020 Franchise See Collection service Hazardous waste See also Disposal Hazardous wastes defined 6.24.020 Nonresidential premises defined 6.24.020 Occupancy defined 6.24.020 Occupied defined 6.24.020 Owner defined 6.24.020 Person defined 6.24.020 Premises defined 6.24.020 residential premises defined 6.24.020 Purpose of provisions 6.24.010 Recycling center, operation, use 6.24.290 Severability of provisions 6.24.340 Tenant defined 6.24.020 Violation, penalty 6.24.330 GAS See FRANCHISE TOXIC GASES GENERAL PENALTY See PENALTY, GENERAL GOAT See ANIMAL GRADING See EXCAVATION GROCERY STORE Automatic checkout system defined 5.36.020 Consumer commodity defined 5.36.020 Definitions, defined 5.36.020 Enforcement of provisions 5.36.060 Grocery department defined 5.36.020 Item pricing error, effect 536.050 required when 5.36.010 violation penalty 536.040 presumption when 5.36.030 Sale item defined 5.36.020 Severability of provisions 5.36.070 Special defined 5.36.020 Unit pricing See Item pricing Urgency clause 5.36.080 GUN See FIREARM - H - HANDBILLING See also ADVERTISING Business license See also BUSINESS LICENSE fee 5.04.490 ( izArl 634 HAZARDOUS MATERIALS STORAGE HAZARDOUS MATERIALS STORAGE See also TOXIC GASES Compliance time table 9.12.141 Conflict with other laws 9.12.133 Containment 9.12.030 Definitions 9.12.013 Duties discretionary 9.12.132 Effective date 9.12.140 Emergency equipment 9.12.038 Emergency procedures See also Emergency response plan posting 9.12.039 Emergency response plan See also emergency procedures hazardous materials defined 9.12.043 required, requirements 9.12.043 Exclusions 9.12.021 Existing storage facility requirements 9.12.032 Fences, locks required 9.12.037 Guidelines 9.12.131 Handling 9.12.036 Hazardous materials management plan required 9.12.040 short form 9.12.042 standard form 9.12.041 Hearing notices 9.12.111 rules 9.12.110 Inspection by city 9.12.070 by penmittee 9.12.071 special 9.12.072 substituted 9.12.073 Inventory statement information required 9.12.051 public record 9.12.053 required 9.12.050 Liability disclaimer 9.12.130 Maintenance, repair, replacement of facilities 9.12.035 New storage facility requirements 9.12.031 Out-of-service storage facdity requirements 9.12.033 Permit additional approvals 9.12.085 appeal disposition 9.12.095 hearing 9.12.094 time limit 9.12.093 application 9.12.081 approval 9.12.083 denial authority 9.12.090 decision transmittal 9.12.092 grounds 9.12.091 determination 9.12.088 effective date, term 9.12.086 fees 9.12.089 imrestigation 9.12.082 issuance 9.12.084 renewal 9.12.087 required 9.12.012, 9.12.080 Professional assistance for city determinations 9.12.014 Purpose of provisions 9.12.010 Records maintenance 9.12.074 634-1 ( iz-9il MAGIC - M - MAGIC Business license See also BUSINESS LICENSE fee 5.04.490 MANAGER, CITY Abandoned, inoperative vehicle enforcement 11.04.040 removal authority 11.04.061 storage notice 11.04.130 Approved street tree enforcement 14.16.080 Bicycle enforcement 11.08.030 lanes designation 11.08.250 license issuance 11.08.040 Bingo, provisions administration 5.32.170 Clerk, city, appointment 2.20.100 Commission meetings, attendance 2.28.060 Compensation, reimbursement 2.28.080 Construction, noisy, permitting 10.46.050 Created 2.28.010 Departmental organization authority 2.48.030 Director of emergency services 2.40.050 Eligibility, bond 2.28.030 Encroachment permit issuance 14.08.040 False alarm enforcement authority designation 10.26.100 hearing duties 10.26.120 Firearm, concealable, sale administrative authority 10.82.010 license investigation 10.82.040 Fire code administration 16.40.020 Garage, patio sale enforcement authority 5.16.060 Grocery store enforcement authority 5.36.060 Parade administrative authority 10.44.140 penmit issuance 10.44.050 Park and/or building permit issuance 13.04.040 Parks administration 13.04.220 Pedestrian regulations administration 11.09.020 Powers, duties 2.28.040 Relations with counc0 2.28.050 Residence requirement 2.28.020 Sales and use tax, alternate, collection 3.09.050 Smoking prohibition regulations enforcement 10.25.080 Solicitor administrative authority 5.20.100 identification permit application investigation 5.20.020 revocation, duties 5.20.070 Street tree enforcement 14.12.030 Surplus sales officer duties 3.25.020 Suspension, removal, resignation 2.28.090 Taxicab driver license suspension, revocation 5.28.180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11.12.040 stop intersection signing 11.20.040 through street signing 11.16.040 Water department duties 15.12.090 provisions enforcement 15.12.050 MAYOR Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Electrical board of appeals appointment 16.16.130 Employees' retirement system execution 2.56.020 6.36-1 ( iz-9il NUISANCE Sign, illegal 1752.050 . Watercourse pollution discharge 9.18.050 Weeds 9.08.020 Zoning provisions, noncompliance 1.09.170 NUISANCE ABATEMENT Civil action permitted 1.09.150 Costs See Expenses Declaration of nuisance 1.09.040 Definitions 1.09.030 ~~ incidental, defined 1.09.030 lien generally 1.09.130 notice 1.09.140 hearing 1.09.120 recordkeeping 1.09.110 Hearing notice form 1.09.050 service, posting 1.09.060 procedure for service 1.09.070 procedure designated 1.09.080 rules 1.09.090 Lien OFF-STREET VEHICLES Appeal fiom permit denial 11.10.015 Exemptions 11.10.013 Operation parent, guardian responsibility 11.10.014 permit requirements 11.10.012 Purpose of provisions 11.10.010 Vehicle defined 11.10.011 Violation, penalty 11.10.016 OIL COMPANIES Business license See also BUSINESS LICENSE tax 5.04.450 ORDINANCE See also RESOLUTION Clerk record keeping 2.20.030 Defined 1.04.010 Passage effective date 2.12.050 time, reading 2.12.020 vote required 2.12.040 Publication 2.12.010 Real property description requirements 2.12.060 - P - See Expenses Nuisance defined 1.09.030 Purpose of provisions 1.09.020 Record owner defined 1.09.030 Service of notice See Hearing Service of resolution 1.09.100 Short title, statutory authority 1.09.010 Violation, penalty 1.09.160 Zoning provisions, noncompliance deemed nuisance 1.09.170 - O - OCCULT SCIENCE Business license See also BUSINESS LICENSE fee 5.04.490 PACIFIC GAS AND ELECTRIC COMPANY See FRANCHISE PALMISTRY Business license fee 5.04.490 PARADE Administrative authority 10.44.140 City defined 10.44.020 Conduct, public, requirements 10.44.120 Defined 10.44.020 Definitions 10.44.020 Permit appeal 10.44.080 application contents, filing, fee 10.44.040 639 (ate iz-9i) PARADE prior 10.44.060 contents 10.44.100 defined 10.44.020 issuance notice, denial 10.44.070 standards 10.44.050 notice to officials 10.44.090 required, exceptions 10.44.030 revocation 10.44.130 Permittee duties 10.44.110 Person defined 10.44.020 Short title 10.44.010 Violation, penalty 10.44.150 PARK AND RECREATION COMMISSION See also DEPARTMENT ORGANIZATION PARKS, CITY Chairman coordinating powers 2.36.100 election 236.040 Effect of provisions 2.36.110 Established 2.36.010 Majority vote required when 2.36.060 Meetings 2.36.050 Members terms 236.020 vacancy, removal 2.36.030 Powers, functions 2.36.080 Procedural rules 2.36.090 Record required 236.070 PARIQNG Camp car, mobile home defined 11.28.010 prohibited where 11.28.020 City property definitions 11.31.010 parking defined 1131.010 prohibited 1131.020 unlawful 1131.030 violation, penalty 11.31.040 Construction, repair, greasing of vehicle, prohibited where 11.28.040 Curb markings, signs designated, meaning 11.24.040 obedience required 11.24.050 private street See Private street Definitions 11.24.030, 11.28.010 Diagonal private street See Private street where 11.24.180 Display, servicing, repair display for sale defined 11.24.030 prohibited, exception 11.24.140 Emergency See also Display, servicing, repair defined 11.24.030 HandicaPP~ marking 11.24.110 off-street, regulations generally 11.24.190 private street See Private street Highway defined 11.24.030 Holidays defined 11.24.030 Impoundment when, authority 11.24.200 Intersection defined 11.24.030 Loading canes authority 11.24.080 marking 11.24.090 passenger, marking 11.24.100 private street See PRIVATE STREET Park defined 11.24.030, 11.28.010 Parkway defined 11.24.030 prohibited 11.24.120 Permit application 11.27.100 definitions 11.27.020 description 11.27.030 display 11.27.080 established 11.27.010 exceptions 11.27.090 hours 11.27.130 issuance guest 11.27.060 resident 11.27.050 posting 11.27.040 (GbpeRioo 191) fi40 ' _._~~IMI Sign 17.12.020 Solicitor identification 5.20.030 Swimming pool 16.32.070 Taxicab driver 5.28.160 operation 5.28.060 Temporary parking 11.24.220 Toxic gas storage, use 16.42.060 Tree care 14.12.060 Watercourse, discharge into, NPDES permit 9.18.080 Water system connection 15.12.080 PERSONNEL Acxniaks, credits, retained 2.52.080 Appropriate unit defined 2.52.290 Authority city manager 2.52.100 b~2-1 (~nioo 11.91) VEHICLE notice to Department of Motor Vehicles 11.04.150 notice to vehicle, property owners 11.04.062 storage authority 11.04.120 notice 11.04.130 time limit, disposal 11.04.140 vehicle defined 11.04.010 violation, penalty 11.04.170 Animal transport in See ANIMAL Bicycle See BICYCLE Delivery, pickup, commercial establishment See COMMERCIAL, ESTABLISHIVIENT Off-street See OFF-STREET VEHICLES Overweight, special permit appeals 11.37.070 applicability 11.37.020 application contents 11.37.030 fee 11.37.040 issuance 11.37.050 limitations, restrictions, imposition 1137.060 severability 11.37.080 purpose of provisions 11.37.010 Peddler, restrictions 5.20.120 Taxicab See TAXICAB Used motor, dealer, business license fee 5.04.490 VENDOR, TI'INERANT Business license fee 5.04.490 - W - WASTE See GARBAGE WATERCOURSE POLLUTION PREVENTION WATCHMAN, NIGHT See PRIVATE PATROL WATER See also FRANCHISE SEWER WATERCOURSE POLLUTION PREVENTION Appeals 15.12.100 Applicant defined 15.04.010 Charge bdling, payment 15.12.020 payment responsibility, credit establishment, temporary service 15.12.030 City defined 15.04.010 Conservation definitions 15.32.020 emergency shutoff 15.32.040 findings 15.32.010 prohibited acts 15.32.030 violation, penalty 15.32.050 Consumer defined 15.04.010 Council defined 15.04.010 Cross-connection, backflow protection air-gap separation defined 15.30.010 approved check valve defined 15.30.010 approved double check valve assembly defined 15.30.010 approved reduced prssure principle backflow prevention device defined 1530.010 approved water supply defined 15.30.010 auxiliary water supply defined 15.30.010 city health officer defined 15.30.010 connection requirements 15.30.050 vontamination defined 15.30.010 cross-connection defined 15.30.010 definitions 15.30.010 director defined 15.30.010 inspection initial 15.30.070 testing 1530.040 noncompliance, service discontinuance 15.30.060 protective device defined 15.30.010 requirements 1530.020 responsibility 15.30.030 661 (a~rtino iz-9ih WATER service connection defined .1530.010 standards 15.30.080 Date of presentation defined 15.04.010 Defined 15.04.010 Definitions 15.04.010 Department established, manager duties 15.12.090 Fac0ities defined 15.04.010 Free water See Service Main extension defined 15.04.010 Manager defined 15.04.010 Meter tests, enror, bill adjustment 15.12.010 Notices 15.12.040 Premises defined 15.04.010 Provisions enforcement, violations, delinquencies, disconnection 15.12.050 Rates free service See Service general provisions 15.08.010 inside city limits fire hydrant service, public 15.08.030 fire protection service, private 15.08.020 outside city limits 15.08.050 Separate premises, single control 15.08.060 Service commercial, defined 5.04.010 defined 15.04.010 discontinuance, refusal 15.12.060 domestic, defined 15.04.010 fire hydrant, public conditions See also FIRE RATES fire protection, private, conditions, rates See Rates free service, water prohibited, exceptions 15.08.050 industrial, defined 15.04.010 interruption, supply shortage 15.12.070 irrigation, defined 15.04.010 metered, defined 15.04.010 separate premises, single control See Rates territory description 15.04.020 system connections, permit, application, main extensions, meters 15.12.080 defined 15.04.010 Violation, penalty 15.12.110 WATERCOURSE POLLUTION PREVENTION City defined 9.18.020 Definitions 9.18.020 Director of public works defined 9.18.020 Discharges accidental discharge notice, statement requirements 9.18.070 prevention, facilities, requirements 9.18.060 permitted, NPDES permit required 9.18.080 restrictions, prohibitions generally 9.18.040 storm drain See also Specific Subject connection required 9.18.030 violation See also Violation nuisance when 9.18.050 Effective date of provisions 9.18.180 Environmental fee assessment, amount, applicability 9.18.090 collection, procedure delinquent charges 9.18.110 generally 9.18.100 defined 9.18.020 Illicit connection defined 9.18.020 Improved properties defined 9.18.020 Nonpoint source pollution discharge See also Purpose of provisions defined 9.18.020 NPDES permit See also Discharges defined 9.18.020 Person defined 9.18.020 Purpose of provisions 9.18.010 ( i~9il 662 WATERCOURSE POLLUTION PREVENTION Severability of provisions 9.18.170 Stonm drain defined 9.18.020 discharge regulations See Discharges Unpolluted water defined 9.18.020 Vacant parcels defined 9.18.020 Violation See also Discharges administrative penalties 9.18.160 civil penalties illicit discharges 9.18.140 provisions, permit violation 9.18.130 misdemeanor 9.18.120 notice, contents 9.18.150 Waste defined 9.18.020 Watercourse defined 9.18.020 WEAPON See FIREARM WEEDS Abatement assessment collection as tax 9.08.100 hearing 9.08.090 notice, posting, mailing 9.08.080 responsibility 9.08.070 authority, procedure 9.08.060 hearing 9.08.050 notice form designated 9.08.030 mailing 9.08.040 property damage, notice of improvements 9.08.110 Defined, prohibited 9.08.010 Nuisance, abatement required 9.08.020 Urgency clause 9.08.120 WRECICIIdd YA1tD Business license fee 5.04.490 WRECK SALE Business license fee 5.04.490 663 ta,a~ ia.9il