Chapter 13.12
CHEMICAL TOILETS*
Sections:
13.12.020 Permit – Application.
13.12.030 Permit – Application – Contents.
13.12.040 Permit – Conditions.
13.12.070 Permit – Revocation.
13.12.080 County Health Department Compliance.
13.12.090 Conflicting Ordinances – Exemptions.
13.12.100 Permit Approval by Planning Commission.
* For statutory provisions on chemical toilets, see Health and Safety Code § 25000 et seq. and § 25210.
13.12.010 Purpose.
The purpose of this chapter is to provide a procedure whereby chemical toilets or other alternate toilet facilities may be authorized for public use during the 1977 water crisis or other similar emergency situations. (Ord. 77-16 § 1, 1977; Code 1975 § 971.0).
13.12.020 Permit – Application.
The Director of Community Planning and Building shall issue temporary permits for chemical toilets or similar alternative toilet facilities. Applications for permits shall be submitted in writing to the Director of Community Planning and Building and will be processed in the same manner as applications for design and site approval, with the exception that no fee shall be charged and an application shall be accepted within one week prior to the meeting at which it is to be considered. (Ord. 83-25 § 1(D), 1983; Ord. 77-16 § 1, 1977; Code 1975 § 971.01).
13.12.030 Permit – Application – Contents.
An application shall contain the name and address of the applicant, a description of the alternate toilet facility including the names/addresses of the companies furnishing and servicing the toilet, a statement of how the facility is to be maintained, a drawing showing the location of the facility on the premises, a statement of the need for the toilet, and such other information as the Director of Community Planning and Building may request. (Ord. 83-25 § 1(D), 1983; Ord. 77-16 § 1, 1977; Code 1975 § 971.01(a)).
13.12.040 Permit – Conditions.
When determining if a permit should be issued, the following conditions or considerations shall apply:
A. All permits shall be temporary and subject to revocation on one month’s notice or immediately upon establishing violation of conditions of issuance.
B. Toilets shall be maintained and serviced so as to keep them in service and prevent unpleasant odors.
C. Toilets shall not be located, constructed or equipped so as to create a safety hazard.
D. Toilets shall be located so as to minimize negative esthetic impact, keeping in mind the need to service them.
E. Where feasible, toilets shall be painted so as to minimize negative esthetic impact.
F. The applicant shall agree to provide public liability insurance to cover claims arising out of use of the toilets. (Ord. 77-16 § 1, 1977; Code 1975 § 971.01(b)).
13.12.050 City Property.
Private persons may put toilets on City property with the consent of the City Council after approval by the Planning Commission, which approval shall specify alternative locations on private property if placement on public property is not approved. Should the City wish to place toilets on public property, an application for a permit shall be processed in the same manner as a private application so that placement is coordinated with existing toilets and pending private applications and is consistent with permit conditions. In the case of an application, the Planning Commission shall make the recommendation to the City Council and the City Council shall make the final decision. (Ord. 77-16 § 1, 1977; Code 1975 § 971.01(c)).
13.12.060 Existing Toilets.
Persons who place chemical toilets prior to the effective date of the ordinance codified in this chapter shall, within 10 days after the effective date of the ordinance codified in this chapter, file an application for a permit. The facilities may continue in use pending the processing of the application. (Ord. 77-16 § 1, 1977; Code 1975 § 971.01 (d)).
13.12.070 Permit – Revocation.
Permits shall be terminated upon 30 days’ notice from the City. No hearing shall be required. The time for termination shall be left solely to the discretion of the City Council. A permit may be revoked immediately for violation of the conditions of issuance. (Ord. 77-16 § 1, 1977; Code 1975 § 971.01(e)).
13.12.080 County Health Department Compliance.
This chapter does not relieve an applicant from obtaining permits or approvals which may be required by the Monterey County Department of Public Health. (Ord. 77-16 § 1, 1977; Code 1975 § 971.02).
13.12.090 Conflicting Ordinances – Exemptions.
This chapter shall prevail over any ordinance or municipal code section, or part thereof, in conflict with this chapter, but the parts in conflict herewith are not cancelled or revoked to the extent that they are applicable in contexts which do not conflict with this chapter. This chapter shall not apply to chemical toilets placed on construction sites for use of construction employees. (Ord. 77-16 § 1, 1977; Code 1975 § 971.03).
13.12.100 Permit Approval by Planning Commission.
Permit approval is placed with the Planning Commission so that the greatest compatibility with the objectives and purposes stated in CMC 17.40.010 and 17.40.020 can be met. (Ord. 77-16 § 1, 1977; Code 1975 § 971.04).