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Meeting Date: March 11, 2003

Subject/Title: Second reading and adoption of an Ordinance amending Chapter 8.16 of the Brentwood Municipal Code relating to storage of garbage receptacles out of public view.

Submitted by: Community Development (Oshinsky/Arteaga)

Approved by: John Stevenson, City Manager

Waive second reading and adopt Ordinance No. 737 to amend the location of garbage container storage.

On February 25, 2003, the City Council approved the first reading of Ordinance No. 737.

The Municipal Code in Chapter 8.16 does not specify the location where garbage containers are to be stored between collection intervals, therefore the storage of garbage receptacles in public view is permitted. This amendment will require that garbage receptacles be stored out of public view. 

Code Enforcement is complaint driven. To date there have been very few complaints on this matter. Therefore minimal expenditure of staff resources would be anticipated.


Ordinance No. 737



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 February 14, 2003 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 amendment on February 25, 2003 for the purpose of reviewing the amendment; 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 the 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. City Council finds as follows: 

(a) in order to protect public health, it is appropriate to require all garbage containers to be removed from the public right of way, during the intervals between collections. 

(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 public view and/or behind enclosures.

Section 2. The City Council hereby approves an amendment to Chapter 8.16 of the
Brentwood Municipal Code as follows: (added text underlined):

8.16.100 Receptacles required--Specifications, placement and collection.
It shall be the duty of every tenant, lessee or occupant of any private dwelling house, the keeper of a hotel, restaurant, eating house, boardinghouse or other building where meals are served, the owner of every flat of apartment house, trailer camp, motel, auto court, bachelor cabin, and every other person having garbage, rubbish or waste matter, to provide and keep within the building or on the lot on which the building is situated, suitable and sufficient watertight containers of plastic, galvanized metal, rubber or comparable material, of sufficient size to handle the accumulation of garbage, rubbish or waste matter on the premises during the interval between collections. Containers shall be equipped with handles and shall be kept closed continuously with tight-fitting covers of plastic, galvanized steel, rubber or other comparable material except when being filled or emptied and shall be rodent-proof and fly-tight. All containers shall meet with the approval of the city. Containers shall be placed as close to the curb as practicable without blocking the sidewalks to pedestrian traffic. Each rubbish container shall be placed at or near the curb line for collection. Multiple containers shall be placed a minimum of 36” apart. Containers shall be placed there not earlier than twenty-four hours before the designated time for collection, and shall be removed from the public right of way, by the customer not later than twenty-four hours after the designated time for collection. During the interval between collections, all garbage containers shall be screened from public view, to the satisfaction of the Community Development Director. Every tenant, lessee, occupant, keeper or owner of the places or occupancies referred to above shall be responsible for the regular collection of garbage from the places of occupancy by authorized collectors of garbage in the city of Brentwood, and shall also be responsible for the payment of all garbage services by the authorized collectors of garbage from the places of occupancy. It is mandatory for each dwelling unit in the city to be provided with garbage collection service. 

The collector shall transfer the contents of all containers into the trucks provided therefore, without spilling any garbage, swill, rubbish or waste matter on the stairs, walks, yards or streets. The collector shall clean up garbage, swill, rubbish or waste matter spilled during collection and shall completely empty containers and replace lids on the containers. The collector, while collecting in the early morning hours, shall use every precaution to prevent unnecessary noises. The collector shall not damage cans or property while making collections and shall return containers in an upright position to their places of pickup. (Ord. 490, 1991: Ord. 287 (part), 1977)

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 25th day of February 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 11th day of March, 2003, by the following vote:

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