Chapter 11.12
ROLL-OFF DEBRIS CONTAINERS ON HIGHWAYS
Sections:
11.12.020 Definition – Roll-off debris container.
11.12.030 Permit – Application.
11.12.060 Identification and warning devices required.
11.12.070 Roll-off debris container – Condition.
11.12.080 Roll-off debris container – Prohibited use.
11.12.090 Roll-off debris container – Restrictions on placement.
11.12.100 Indemnification and insurance.
11.12.110 Permittee responsible for damage.
11.12.140 Revocation of permit.
11.12.170 Violation – Penalty.
11.12.180 Remedies cumulative.
11.12.010 Permit – Required.
No person shall place or cause to be placed any roll-off debris container on or projecting onto any portion of any highway without a permit issued pursuant to this chapter. (Ord. 10-1987 § 3, 2010.)
11.12.020 Definition – Roll-off debris container.
A “roll-off debris container” is any container of one cubic yard in size or greater placed on or projecting onto any highway that is used for the collection and temporary holding of construction, demolition or lot clearing debris and waste. (Ord. 10-1987 § 3, 2010.)
11.12.030 Permit – Application.
The director shall establish an application form for a roll-off debris container permit. Each application submitted to the director for his consideration shall be accompanied by a permit fee and proof, if applicable, of a valid department of health services waste collection permit. (Ord. 10-1987 § 3, 2010.)
11.12.040 Permit – Issuance.
Upon the director’s review of a complete application for a roll-off debris container permit and the payment of all applicable fees, the director may issue the permit, if he reasonably determines that the placement and use of the roll-off debris container will not adversely affect public safety, traffic circulation and proper maintenance of the highway. Subject to the conditions contained in the permit, the provisions of this chapter and all other applicable laws, a valid permit will allow the placement of a roll-off debris container on a highway. A roll-off debris container permit shall expire upon the date noted within the permit but in no case later than one year from the date of issuance. (Ord. 10-1987 § 3, 2010.)
11.12.050 Permit – Fee.
Roll-off debris container permit fees shall be established from time to time by resolution of the city council. (Ord. 10-1987 § 3, 2010.)
11.12.060 Identification and warning devices required.
Every permitted roll-off debris container shall have the following clearly displayed and visible on its exterior surface:
A. The permittee’s name and telephone number (including area code) in print at least two inches in height;
B. Three-inch-diameter reflectors, placed on the four corners of each side of the roll-off debris container facing traffic. The lower reflectors shall be between three and four feet above the ground and vertically aligned with the upper reflectors. The reflectors must be clearly seen when illuminated by vehicle headlights. The permittee shall replace any worn or missing reflectors so as to conform with the requirements of this section. (Ord. 10-1987 § 3, 2010.)
11.12.070 Roll-off debris container – Condition.
A permitted roll-off debris container shall be maintained in good condition. The area immediately surrounding a permitted roll-off debris container shall be maintained in a clean manner, free from any trash or deleterious material. (Ord. 10-1987 § 3, 2010.)
11.12.080 Roll-off debris container – Prohibited use.
At no time shall any permitted roll-off debris container be used for the collection or storage of hazardous substances, materials or waste as defined by federal, state or local law. (Ord. 10-1987 § 3, 2010.)
11.12.090 Roll-off debris container – Restrictions on placement.
A. Permitted roll-off debris containers shall be secured in such a manner so as to prevent any movement other than during placement and removal.
B. Permitted roll-off debris containers shall not remain at any location on a highway for more than seven consecutive calendar days unless specifically authorized in writing by the director.
C. Permitted roll-off debris containers shall only be placed on or project onto highways within the limits of the projected property lines where the roll-off debris container debris is generated.
D. Permitted roll-off debris containers shall not be placed on or project onto any highway in such a manner as to constitute a hazard to pedestrians or vehicular traffic.
E. Permitted roll-off debris containers shall not be placed on or project onto any highway:
1. Within 15 feet of any crosswalk;
2. Within 15 feet of any street corner, fire hydrant or disabled access ramp;
3. On any portion of any sidewalk of any highway;
4. On highways with grades in excess of six percent;
5. Where clear space for the safe passage of pedestrians within the highway is reduced to less than three feet in width;
6. Where the roadway is reduced to less than 15 feet in width;
7. Where a motorist’s ability to see traffic control devices such as stop signs, traffic lights, etc., is impaired;
8. Where the roll-off debris container will block or unreasonably interfere with access to neighboring property;
9. Where the sight distance of the roll-off debris container would be less than:
a. One hundred fifty feet on highways posted with speed limits of 25 miles per hour or less;
b. Three hundred forty-five feet on highways posted with speed limits greater than 25 miles per hour and up to 40 miles per hour;
c. Six hundred eighty feet on highways posted with speed limits greater than 40 miles per hour. (Ord. 10-1987 § 3, 2010.)
11.12.100 Indemnification and insurance.
As a condition of the issuance of a roll-off debris container permit, the permittee shall agree in writing to defend, indemnify and hold the city harmless from and against any and all liability, expense, including defense costs and legal fees, claims and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal or property damage, arising from or connected with any act or omission of permittee, and any and all allegations involving the placing, maintaining and/or removing of roll-off debris containers placed on or projecting onto any portion of any highway. In addition, and without limiting the above obligation to defend, indemnify and hold harmless the city, the permittee shall, as a condition to obtaining a permit, present evidence of liability insurance providing minimum coverage of $2,000,000 satisfactory to the director, which insurance shall include the city of Covina as an additional insured. Each permittee shall maintain the required insurance during the life of the permit and whenever a roll-off debris container is placed on any portion of any highway. Failure to maintain the required insurance is grounds for immediate impoundment of the roll-off debris container. (Ord. 10-1987 § 3, 2010.)
11.12.110 Permittee responsible for damage.
The permittee shall be responsible for any damage to any part of any highway attributable to a roll-off debris container. The permittee shall repair, restore or replace any damage to any highway to the satisfaction of the director. (Ord. 10-1987 § 3, 2010.)
11.12.120 Violations.
The director may provide written notice to a permittee of a violation of any provision of this chapter by personal service, by first class mail or by facsimile machine to the address or facsimile number provided on the permit on file with the public works department. The notice shall also inform the permittee of those appeal rights set forth in CMC 11.12.160. (Ord. 10-1987 § 3, 2010.)
11.12.130 Impoundment.
The director may immediately remove and impound any roll-off debris container placed on or projecting onto any highway in violation of this chapter if the violation is creating a dangerous or hazardous condition. Written notice of impoundment shall be provided to a permittee within three working days after the impoundment, either by personal service, by first class mail or by facsimile machine, to the address or facsimile number provided on the permit on file with the public works department. If the roll-off debris container is not permitted, then such notice shall be provided to the person responsible for the placement of the roll-off debris container, if such person is known. The notice shall inform the permittee or the person responsible for placement of the roll-off debris container of how to reclaim the impounded container upon the permittee’s or responsible party’s payment of an impound fee as established from time to time by resolution of the city council, plus any actual and reasonable additional costs, if any, incurred by the city in impounding the container. The notice shall also inform the permittee of those appeal rights set forth in CMC 11.12.160. If the container is impounded for more than 30 calendar days after the date of the notice or, if appealed, more than 30 calendar days after the appeal becomes final, then the director may cause the sale or disposal of the impounded container. (Ord. 10-1987 § 3, 2010.)
11.12.140 Revocation of permit.
The violation of any of the provisions of this chapter shall constitute grounds for the revocation of a permit. The director shall notify a permittee of the director’s intention to revoke a permit and the reason for the revocation. The notice shall be provided to the permittee by personal service, by first class mail or by facsimile machine to the address or facsimile number provided on the permit on file with the public works department. The notice shall also inform the permittee of those appeal rights set forth in CMC 11.12.160. (Ord. 10-1987 § 3, 2010.)
11.12.150 Notices.
Notices made pursuant to any section of this chapter shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail. The failure of any person to receive a notice shall not affect in any manner the validity of any proceeding or action under this chapter. (Ord. 10-1987 § 3, 2010.)
11.12.160 Appeal.
A permittee or person responsible for a roll-off debris container may appeal any denial of a permit or notice of the director as provided in Chapter 11.54 CMC. (Ord. 10-1987 § 3, 2010.)
11.12.170 Violation – Penalty.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 10-1987 § 3, 2010.)
11.12.180 Remedies cumulative.
The remedies provided by any section of this chapter are cumulative to any other remedies authorized by this code or state law. (Ord. 10-1987 § 3, 2010.)