O-021-16 Amending Title 5 (Business Licenses and Regulations) of the Colton Municipal Code to address unattended donation and collection bins (UDCB)

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Colton Ordinance No. 0-21-16 1 2 5.52.020. Conflicting provisions. Where a conflict exists between the regulations or requirements in this chapter and 3 applicable regulations or requirements contained in other chapters of the Colton Municipal 4 Code, the applicable regulations or requirements of this chapter shall prevail. 5 5.52.030. Violation. 6 Failure to comply with any of the provisions of this chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and 7 shall be abated by the Director in accordance with the provisions of this chapter. Any person 8 in violation will be subject to administrative penalties, citations, civil action and/or other legal remedies. 9 5.52040. Responsibility. 10 The parcel owner and the UDCB operator (operator) have joint and several liability for 11 blight -related conditions and/or compliance with this chapter, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains 12 liable for any violation of duties imposed by this chapter even if the parcel owner has, by 13 agreement, imposed on the operator the duty of complying with the provisions of this chapter. 14 5.52,050. Definitions. 15 "Accessory activity" means an activity that is incidental to, and customarily associated 16 with, a specified principal activity. "Agent" means a person who is authorized by the parcel owner to act on their behalf to 17 be the applicant for a UDCB permit. To be considered an agent, a person must be given 18 express written authorization from the parcel owner on a form provided by the City to apply specifically for a UDCB permit. For the purpose of this chapter, a person who is only given 19 general authorization to act on the behalf of a parcel owner for various activities and transactions in regards to a property is not considered an agent. 20 'Blight" or "nuisance" means the conditions as set forth in Section 8.04.030 of the Colton Municipal Code 21 "Director" means the Development Services Director and his or her successor in title 22 and his or her designees. "Donated/collected material" means salvageable personal property, such as clothing 23 and books and household items that is collected for periodic transport off-site for processing or redistribution or both. 24 "Parcel owner" or "property owner" means the owner of real property on which a UDCB is or is proposed to be placed. 25 "Principal activity" means an activity that fulfills a primary function of an 26 establishment, institution, household, or other entity. "Principal building" means a main building that is occupied a principal activity. 27 "UDCB operator" or "operator" means a person or entity who utilizes or maintains a 28 UDCB to solicit donations/collections of salvageable personal property. 3-