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 "UDCB permit" means the City of Colton's annually renewable permit required to place, operate, maintain, or allow a UDCB within the Colton City limits. 2 "Unattended donation/collection bins" or "UDCBs" means unstaffed drop-off bins, 3 boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, 4 or recycling. "Unpennitted UDCB" means a UDCB established either without a UDCB permit or 5 with a UDCB permit that was issued in error or on the basis of incorrect or incomplete 6 information supplied, or in violation of any law, ordinance, rule, or regulation. 7 5.52.060. permit required for UDCBs. 8 A. With the exception of UDCBs described in Subsection B, below, it is unlawful to place, operate, maintain or allow a UDCB on any real property unless the parcel owner/agent 9 and/or operator first obtain a UDCB permit from the City. A separate UDCB permit is required for each UDCB. 10 B. UDCBs that are either enclosed within a principal building or are accessory to a principal activity on a property owned or leased by the bin operator shall not require a 11 UDCB penult. However, UDCBs that are accessory to a principal activity on a property 12 owned or leased by the bill operator shall meet all other requirements of this chapter except the requirements contained in Subsection 5.52.110 (A), (B) and/Or (C). 13 C. The UDCB permit applicant shall be the UDCB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity. 14 D. Decisions regarding UDCB permit applications shall be made by the Director and the Director shall be considered the investigating official acting on behalf of the City 15 Manager. 16 ' 5.52.070. Application requirements. 17 The UDCB permit application shall be made on a form provided by the Development 18 Services Department. All applications shall be fled with the Development Services Department and shall include: 19 A. A signed agreement stating that the parcel owner/agent and operator will abide by all the processes and requirements described in this chapter and an expedited code 20 enforcement process; 21 B. A non-refundable Administrative Review application fee in an amount set by the master fee schedule; 22 C. For permit applications for existing UDCBs, a signed affidavit, under penalty of perjury, stating that the UDCB existed at the proposed location prior to the 23 adoption of this Ordinance. 24 D. A signed authorization from the parcel owner/agent to allow placement of the UDCB; 25 E. A signed acknowledgement of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, 26 and/or blight relating to the UDCB; F. Proof of general liability insurance of at least $1,000,000.00 covering the, 27 applicant's UDCB and naming the City of Colton as an additional insured: 28 -4-