Chapter 4.26 JUNK TIRE STORAGE

The improper storage and the careless disposal of junk tires jeopardize the public health, safety and welfare of City residents and visitors. Large numbers of these junk tires randomly placed in buildings or fields are breeding grounds for disease-carrying insects and animals. If large numbers of these junk tires are ignited by fire, those fires are extremely difficult and expensive to extinguish and the smoke from those fires presents a serious hazard to the environment. Furthermore, large numbers of junk tires carelessly strewn about offend the aesthetic sensibilities of the residents of the City.

The regulatory provisions of this chapter are necessary to ensure reasonable storage of these junk tires and thereby minimize the jeopardy to the public health, safety and welfare.

This enactment will provide criminal penalties to those who violate its requirements. It will also provide a means of enforcing abatement of the nuisance caused by the unreasonable storage of large numbers of junk tires.

This enactment does not apply to tires that do not meet the definition of “junk tires” as set forth herein. Tires that are not junk tires have economic value and are therefore not indiscriminately discarded in large quantities as are junk tires. Further, while tires other than junk tires present the same fire extinguishment problems and environmental hazards as junk tires, the City Council finds they are usually stored in a manner that minimizes these problems and hazards. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.005 City Manager.

The City Manager is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing junk tire storage, promulgation and enforcement of administrative regulations and the performance and exercise of the duties and authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to junk tire storage and the issuance and administration of special business licenses therefor as are vested in the Chief of Police under EGMC Chapters 4.02 and 4.10. Any reference to the “Chief of Police” in these sections as that reference relates to the issuance, renewal or denial of a special business license or as that reference relates to the appeal of a denial, revocation or suspension of a special business license shall be deemed a reference to the City Manager in relation to this junk tire storage chapter.

Also, the City Manager shall be vested with the same powers and authorities in relation to abatement of violations of this junk tire storage chapter as are vested in the Public Works Director under EGMC Chapter 16.18. Any reference in that chapter to the “Director of the Public Works Department” shall be deemed a reference to the City Manager in relation to abatement of violations of this junk tire storage chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.010 Definitions.

As used in this chapter, the following terms shall be ascribed the following meanings:

A. “Premises” means a unit of improved or unimproved land, or any portion thereof, shown on the latest equalized City assessment roll as a parcel or as contiguous parcels. Property shall be considered as contiguous parcels even if separated by a utility easement or railroad right-of-way.

B. “To store” means to leave, deposit, accumulate, abandon or discard.

C. “Storage” means the act of storing.

D. “Junk tire” means a not new automobile, truck or any other type of motorized vehicle tire that is not directly attached to an operational vehicle and does not meet the Federal or State of California requirements for used tires or recappable casings. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.015 License required.

It is unlawful for any person to store five hundred (500) or more junk tires either inside or outside a building for any length of time on or about any one (1) particular premises within the City which is owned, leased or in any manner utilized by that person unless the storage is under and by authority of a valid, unexpired, unrevoked and unsuspended special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.020 Number of licenses required.

Notwithstanding EGMC Section 4.10.010, a person who stores five hundred (500) or more junk tires either inside or outside a building for any length of time at one (1) or several premises throughout the City shall be required to obtain a special business license for each particular premises where five hundred (500) or more junk tires are stored. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.025 Display of license.

Every person issued a special business license under the provisions of this chapter shall keep the license posted and exhibited in a conspicuous part of the particular premises where the five hundred (500) or more junk tires are stored. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.030 Application.

In addition to the information required by EGMC Section 4.10.030, an application shall contain the following:

A. All names under which the applicant has engaged, does or proposes to engage in junk tire storage;

B. An accurate legal description, including assessment number, of the particular premises where the junk tires are to be stored;

C. The name and street address of any person with a legal ownership interest in the particular premises where the junk tires are to be stored;

D. The written consent of any person with a legal ownership interest in the anticipated junk tire storage premises to the storage of junk tires on those premises and to the requirements and obligations imposed on these owners by this chapter. The written consent form shall be furnished by the City Manager and all signatures on this form shall be notarized in accordance with California law;

E. Factual information, as specific as possible, as to the maximum number of junk tires expected to be stored on the particular premises at any one (1) time and the number of junk tires expected to be transferred onto or off of the particular premises on a daily, weekly and monthly basis;

F. A written statement from the Chief of the Fire Protection District with jurisdiction over the proposed junk tire storage premises discussing in detail any fire hazard that would be created by the storage of junk tires on or about the particular premises; and

G. The name and street address within the City of an individual authorized to accept service of legal process or any notices issued pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.035 Issuance.

A. The City Manager shall issue a special business license to allow storage of junk tires unless:

1. One (1) or more of the findings prescribed by EGMC Section 4.10.040(A)(1), (2) and (4) are made; or

2. The City Manager finds in writing that the use of the particular premises for junk tire storage would not be in compliance with the Zoning Code and has not been approved by the appropriate body through any required use permit hearing process; or

3. The City Manager finds in writing that based upon detailed information provided by the Cosumnes Community Services District or other appropriate fire prevention experts and officials, the proposed storage of junk tires on the particular premises would constitute a dangerous fire hazard.

B. The requirements of EGMC Sections 4.10.035 and 4.10.040(A)(3) shall not be applicable to this chapter for issuance of a special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.040 Change of information.

The applicant shall report to the City Manager any change in the information required by EGMC Section 4.26.030 within ten (10) days of the effective date of the change except that the information required by EGMC Section 4.26.030(C) shall be reported immediately. An updated written consent form pursuant to EGMC Section 4.26.030(D) shall be required immediately upon a change in the information required by EGMC Section 4.26.030(C). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article II. Requirements – Services

4.26.045 Inspections.

Premises on which junk tires are stored pursuant to a special business license shall be open during regular working hours for inspection by the City Manager or his or her designated representative. Inspections shall occur as frequently as determined necessary by the City Manager but in no event shall there be less than six (6) inspections per year of each particular premises where junk tires are stored pursuant to a special business license.

The refusal by a licensee, or an officer, employee or agent thereof, to permit inspection by the City Manager, or his or her designated representative, pursuant to the authority conferred by this section shall constitute grounds for suspension or revocation of the special business license.

The refusal by a licensee, or an officer, employee or agent thereof, to permit such inspections by the Chief of the Cosumnes Community Services District Fire Department, or his or her designated representative, as may be reasonably necessary to ensure compliance with EGMC Section 4.26.055 shall also constitute grounds for suspension or revocation of a special business license issued pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.050 Indemnification.

The licensee and the legal owners of the premises where junk tires are stored pursuant to this chapter shall indemnify, hold harmless and, upon written request, assume any and all costs of the legal defense of the City, its officers, employees and agents from all claims, losses, damages, injuries and liabilities of every kind, nature and description directly or indirectly arising from the performance of activities and operations permitted by a special business license issued pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.055 Fire protection.

The licensee shall provide such fire protection measures and equipment as may be required by all applicable laws, and as the Chief of the Cosumnes Community Services District Fire Department finds reasonably necessary to provide adequate fire protection to the immediate and adjacent premises. No junk tires may be stored on particular premises pursuant to this chapter unless and until the written statement required by EGMC Section 4.26.030(F) is obtained from the Chief of the Cosumnes Community Services District Fire Department. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.060 Existing junk tire storage compliance schedule.

Any person who presently stores junk tires and who will be required to obtain a special business license pursuant to this chapter upon its adoption may be granted by the City Manager a maximum of three (3) months to comply with all of the requirements of this chapter; provided, that public health, safety and welfare of the City residents and visitors will not be unreasonably jeopardized thereby. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.065 Employee permits not required.

EGMC Section 4.10.070 and related sections of EGMC Chapter 4.10 requiring employee permits for personnel of special business licenses shall not be applicable to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article III. Penalties

4.26.070 Fine, imprisonment and expenses for compliance.

Notwithstanding the provisions of EGMC Section 4.02.100, any person who violates any of the provisions of this chapter, or fails to comply with any of the regulatory requirements adopted by the City Manager pursuant to this chapter, is guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed One Thousand and no/100ths ($1,000.00) Dollars or by imprisonment not to exceed six (6) months, or by both. In addition, each such person shall be required to pay any and all expenses necessary to bring the subject premises into compliance with this chapter and any regulatory requirements adopted by the City Manager pursuant to this chapter. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, or regulatory requirements adopted by the City Manager pursuant to this chapter, is committed, continued, or permitted by any such person, and he shall be punished accordingly. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.075 Injunctive relief.

In addition to the penalties set forth in EGMC Section 4.26.070 and consistent with the provisions of EGMC Section 4.26.090, any storage of junk tires contrary to the provisions of this chapter, or any regulations adopted by the City Manager pursuant to this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. The City Manager may commence action for the abatement and removal and enjoinment of this public nuisance in the manner provided by law. The City Manager may take such other steps and may apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such junk tires and restrain and enjoin any person, firm or corporation from using any premises contrary to the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.080 Revocation.

A. In addition to the grounds set forth in EGMC Section 4.10.135 and in addition to the penalties prescribed in EGMC Sections 4.26.070 and 4.26.075, a special business license may be revoked during its term if the City Manager finds in writing that one (1) or more of the following grounds exists:

1. Violation by the licensee of any of the terms, conditions or requirements of this chapter;

2. Violation by the licensee of any administrative regulation or rule promulgated pursuant to the provisions of this chapter;

3. Failure of the licensee to comply with any applicable City, State or Federal law; and

4. Refusal of the licensee to permit an inspection pursuant to EGMC Section 4.26.045.

B. Except for the junk tires on the subject premises at the time of the revocation, no other junk tires shall be stored on the subject premises pending final determination of the revocation proceedings. Nothing in this section shall be construed as precluding the removal of any junk tires from the subject premises. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.085 Temporary suspension.

A. In addition to the matters prescribed by EGMC Section 4.10.145 and in addition to the penalties prescribed in EGMC Sections 4.26.070 and 4.26.075, a special business license issued pursuant to this chapter may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal if the City Manager finds that such temporary suspension is necessary to protect against a serious and immediate threat to public health, safety or welfare caused by the exercise of the license. In the event the City Manager orders a temporary suspension, the notice of the suspension shall be delivered to the address of the agent designated in the application as authorized to accept service of legal process for each junk tire storage premises to which the suspension pertains. The notice shall contain the following:

1. The finding justifying the temporary suspension;

2. The time, date and place at which the licensee may appear in advance of the commencement of the temporary suspension for the purpose of responding to the charges contained in the notice; and

3. The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four (24) hours following the time and date of delivery of the notice.

B. Restoration of special business license privileges following a temporary suspension may be granted by the City Manager upon the establishment of such terms, conditions and requirements as are reasonably necessary to protect the public health, safety and welfare of the City residents and visitors.

C. Except for the junk tires on the subject premises at the time of the temporary suspension, no other junk tires shall be stored on the subject premises pending final determination of the temporary suspension proceedings. Nothing in this section shall be construed as precluding the removal of any junk tires from the subject premises. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.090 Abatement.

Junk tires stored in violation of this chapter are within the meaning of the term “rubbish” as that term is used in EGMC Chapter 6.06. The provisions of EGMC Chapter 6.06 shall be applicable to abatement of violations of this chapter relating to junk tire storage. In the event that a particular premises is rented or leased or otherwise utilized by a person other than the property owner, that person, in addition to the property owner, shall be held responsible and liable for any costs of abatement that result from the implementation of this section. For the purposes of this chapter, nothing in EGMC Chapter 6.06 or in this chapter shall be interpreted as imposing a requirement that the City, its officers, agents or employees remove or cause to be removed any junk tires stored contrary to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.095 Nature of enforcement actions.

Any action or proceeding commenced or continued by the City Manager or the City against a person for violations of this chapter, or any regulations or rules adopted by the City Manager pursuant to this chapter, shall be deemed actions or proceedings to enforce the police or regulatory power of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.26.100 Appeals.

The appeals procedure set forth in EGMC Sections 4.10.115 through 4.10.155, as those sections relate to special business licenses, shall be applicable to this chapter relating to junk tire storage. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]