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Report regarding an Ordinance repealing and replacing Title 8, Chapter 8.20 of the South San Francisco Municipal Code relating to illegal dumping and littering. (Sarah Henricks, Management Analyst II).
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RECOMMENDATION
Recommendation
Staff recommends that the City Council introduce an Ordinance repealing and replacing Chapter 8.20 of the South San Francisco Municipal Code to prohibit both illegal dumping and littering on public and private property, and waive further reading.
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DISCUSSION
At its June 12, 2019 Special Meeting, the City Council received a proposed ordinance repealing and replacing Chapter 8.20 of the South San Francisco Municipal Code to prohibit both illegal dumping and littering on public and private property, Attachment 1. Upon reviewing the proposed ordinance and hearing staff’s presentation on the item, the Council provided direction on changes to the proposed ordinance.
Specifically, the Council directed staff to consider the following:
• Defining a violation;
• Reducing the penalties for an illegal dumping violation from $1,000 per item to $1,000 per incident or report;
• Amending the penalties for an illegal dumping violation to up to $1,000 per offense for the first offense, $2,000 for the second offense, and $3,000 for the third offense within a year; and
• Providing for a noticing period of 72 hours to allow property owners to remove the offending items, prior to incurring a citation and fine.
Staff amended the proposed ordinance and has provided a red-line version for Council’s review as Attachment 2.
Upon further review, staff has provided an amended proposed ordinance for Council’s review, Attachment 3.
The amended ordinance still addresses the concerns expressed in the original staff report, specifically designating between illegal dumping and littering and assigning corresponding penalties to both offenses. The new revisions provide more leniency for property owners who may be victims of illegal dumping by allowing 72 hours for remediation, while still enabling the City to issue citations to violators who are caught in the act. The goal of the new ordinance is to reduce violations and allow the City to appropriately cite and fine the most egregious violators of the Municipal Code as it relates to illegal dumping.
Educating the public continues to be an essential component of the campaign to reduce illegal dumping. The City will leverage its communications platforms to inform community members about the revised prohibitions, the consequences of violating those prohibitions, and the resources available to properly dispose of unwanted items and waste. City staff will also explore options for improved waste reduction services for the community, particularly those living in multi-unit housing or those who may not have access to transportation options for moving large items.
RELATIONSHIP TO STRATEGIC PLAN
Adopting the proposed ordinance supports the City’s Strategic Plan to improve Quality of Life by reducing blight around the City.
FISCAL IMPACT
There will be no fiscal impact associated with this item.
CONCLUSION
Introduction of an Ordinance repealing and replacing Chapter 8.20 would enable the City to appropriately distinguish between littering and dumping, as well as impose an increased fine and additional remedies against those violators who engage in illegal dumping.
ATTACHMENTS
Attachment 1. June 12, 2019 Staff Report and Proposed Ordinance
Attachment 2. Red-line of Proposed Ordinance
Attachment 3. Revised Ordinance (June 25, 2019)