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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: May 22, 2001

Subject/Title: Public Hearing for Garbage Container Location and Enclosures 

Submitted by: Community Development (Oshinsky/Kidwell)

Approved by: Jon Elam, City Manager


RECOMMENDATION:
Introduce and waive the First Reading of an Ordinance adding Section 8.16.110 to the Municipal Code. 

PREVIOUS ACTION:
None

BACKGROUND:
The City Manager and Code Enforcement Staff have received several complaints regarding the 
storage of garbage containers in residential front yards, in full view of the public. In some cases, garbage containers are being left at the curb for several days before and after regular scheduled garbage pickup. 

DISCUSSION:
Staff is presenting this issue to Council because of complaints received by citizens. Currently, the Municipal Code does not prohibit storing garbage containers in front yards. The practice of storing garbage containers in public view creates a visual nuisance and has become an issue in some neighborhoods.

Staff is proposing this ordinance amendment to provide a code enforcement tool to eliminate this visual nuisance. It is staff’s intention to enforce this on a complaint basis only, unless Council directs otherwise.

FISCAL IMPACT
None

ORDINANCE NO. 


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ADD SECTION 8.16.110 TO THE MUNICIPAL CODE PERTAINING TO PLACEMENT OF GARBAGE CONTAINERS 


WHEREAS, the City of Brentwood regulates the collection of garbage, rubbish or waste as provided in Brentwood Municipal Code, Chapter 8.16;

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on May 11, 2001 and posted, according to City policies and Government Code 65090; and 

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed addition on May 22, 2001 for the purpose of reviewing the addition; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, and all other pertinent documents and associated actions regarding the proposed amendment.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Brentwood finds that regulation of the placement of garbage containers is needed during the interval between collections as follows;

Section 1. The City Council finds as follows:

(a) In order to protect public health safety and welfare, it is appropriate to require all garbage containers to be placed in enclosure areas such that the property owner/tenant shall be responsible for any accumulation of garbage, rubbish, or waste matter outside the enclosure; and

(b) For aesthetic reasons and enhanced community property values, it is appropriate to require all garbage containers during intervals between collection to be placed out of the view of the public and/or behind enclosures. 

Section 2. The Brentwood City Council approves an amendment to Chapter 8.16 of the Brentwood Municipal Code by adding the following (added text underlined, deleted text stricken):

8.16.110 Garbage Container Location/Enclosure 

During the interval between collections, all garbage containers shall be screened from public view behind a solid fence in residential areas, or otherwise not visible from the public right of way. 

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of May 2001 by the following vote:

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