Chapter 16.19 DROP BOX DEBRIS CONTAINERS ON HIGHWAYS

A permitted drop box 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 and lot clearing debris and waste. Drop box debris container does not include a solid-waste collection container as described in Section 20.72.080. (Ord. 99-0073 § 1 (part), 1999.)

The director of public works or his designee (the “director”) shall establish an application form for an annual drop box debris container permit. Each application submitted to the director for his consideration shall be accompanied by the annual drop box debris container permit fee and proof of a valid department of health services waste collection permit. (Ord. 99-0073 § 1 (part), 1999.)

Upon the director’s review of a complete application for an annual drop box debris container permit and the payment of all applicable fees, the director may issue the permit. 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 drop box debris containers on highways. A drop box debris container permit shall expire one year from the date of issuance. (Ord. 99-0073 § 1 (part), 1999.)

Upon proper application on forms provided by the commissioner, containing all the information that is required by Sections 16.08.010 and 16.08.020, and following payment of all applicable fees required by this Division 1, the commissioner shall issue the applicant an annual drop box debris container permit. A non-refundable annual drop box debris container permit fee of $1,705 shall be charged for an annual drop box debris container permit which will allow the permittee to place an unlimited number of drop box debris containers on highways if all requirements of this chapter and all other applicable laws are met. Notwithstanding the issuance of an annual drop box debris container permit to the owner of the drop box debris container, no drop box debris container shall be placed on a highway without a permit issued pursuant to Section 16.06.010 of this code to the person requesting the drop box debris container from such owner. On July 1st of each year, the fee imposed by this section shall be reviewed by the commissioner, and the amount of the fee shall be adjusted as follows: Calculate the percentage movement between March of the previous year and March of the current year in the CPI for all urban consumers in the Los Angeles--Riverside--Orange County area, as published by the United States Government Bureau of Labor Statistics, adjust the fee by said percentage amount; and round up to the nearest dollar. No adjustment shall increase the fee to an amount more than the amount necessary to recover the reasonable cost of providing the services for which the fee is imposed. (Ord. 2011-0017 § 9, 2011; Ord. 99-0073 § 1 (part), 1999.)

16.19.060 Identification and warning devices required on each permitted drop box debris container.

Every permitted drop box 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 drop box 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. 99-0073 § 1 (part), 1999.)

A. Permitted drop box debris containers shall be secured in such a manner so as to prevent any movement other than during placement and removal.
B. Permitted drop box debris containers shall not remain at any location on a highway for more than seven consecutive days.
C. Permitted drop box debris containers shall only be placed on or project onto highways within the limits of the projected property lines where the drop box debris is generated.
D. Permitted drop box 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 drop box 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 drop box debris container will block or unreasonably interfere with access to neighboring property;
9. Where parking is prohibited along the highway;
10. Where the sight distance of the drop box debris container would be less than:
a. 150 feet on highways posted with speed limits of 25 miles per hour or less,
b. 345 feet on highways posted with speed limits greater than 25 miles per hour and up to 40 miles per hour,
c. 680 feet on highways posted with speed limits greater than 40 miles per hour. (Ord. 99-0073 § 1 (part), 1999.)

As a condition of the issuance of an annual drop box debris container permit, the permittee shall agree in writing to defend, indemnify and hold the county of Los Angeles 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 drop box 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 county of Los Angeles, the permittee shall, as a condition to obtaining a permit, present evidence of liability insurance providing minimum coverage of $1,000,000.00 satisfactory to the director, which insurance shall include the county of Los Angeles as an additional insured. Each permittee shall maintain the required insurance during the life of the permit and whenever a drop box debris container is placed on any portion of any highway. Failure to maintain the required insurance is grounds for summary revocation of the permit. (Ord. 99-0073 § 1 (part), 1999.)

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 department of public works. The notice shall indicate that unless the permittee requests a hearing pursuant to Section 16.19.150 in writing within five days of the service of the notice, the permittee shall correct the violation within the time specified by the director and shall pay to the director within 20 days of the date of the notice an administrative fee of $50.00 per violation. Failure to correct the violation and to pay the administrative fee within the specified time periods shall constitute grounds for revocation of the permit. (Ord. 99-0073 § 1 (part), 1999.)

The director may immediately remove and impound any drop box debris container placed on or projecting onto any highway in violation of any provision 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 of 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 department of public works. If the drop box debris container is not permitted, then such notice shall be provided to the person responsible for the placement of the drop box debris container, if such person is known. The notice shall inform the permittee or the person responsible for placement of the drop box debris container of how to obtain the return of the drop box debris container upon the permittee’s or responsible party’s payment of an impound fee of $300.00, plus the reasonable additional cost, if any, in excess of $300.00 incurred in impounding the drop box debris container including, if applicable, the disposal of the contents of the container. The notice shall also indicate that the permittee or person responsible may request a hearing pursuant to Section 16.19.150 in writing within five days of the service of the notice. If the drop box debris container is impounded for more than 30 calendar days, then the director may cause the sale or disposal of the impounded drop box debris container. The proceeds of any sale may be used at the discretion of the director to offset impoundment costs or may be deposited in the road fund. (Ord. 99-0073 § 1 (part), 1999.)

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 department of public works. The notice shall also indicate that the permittee may submit a written request for a hearing pursuant to this chapter. Unless a written request for a hearing is received by the director within five days of service of the revocation notice, the permit will be revoked effective the date of service of the notice. (Ord. 99-0073 § 1 (part), 1999.)

A permittee or person responsible for a drop box debris container may submit a written request for a hearing before the director, at any time within five days of service of the notice of violation, notice of impoundment or notice of revocation of permit. The written request for hearing shall include payment of a hearing fee of $250.00. The director shall hold a hearing, unless continued by agreement, within five working days of the director’s receipt of the request for a hearing and payment of the hearing fee. At the hearing, any person may present evidence and argument relating to the notice of violation, impoundment or revocation of permit. After considering evidence and argument presented at the hearing, the director may uphold, modify or rescind the department’s prior actions, and may refund the $250.00 hearing fee. The director shall provide to the permittee or person responsible for the drop box debris container the director’s written decision within five working days after the close of the hearing. The decision of the director shall be final. (Ord. 99-0073 § 1 (part), 1999.)

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 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. 99-0073 § 1 (part), 1999.)

The purpose of this chapter is to provide standards to preserve the public peace, health and safety by regulating drop box debris containers placed on or projecting onto highways. Consistent with this purpose, the provisions of this chapter are intended to confer a benefit on the community as a whole and not intended to establish a duty of care toward any particular person. This chapter shall not be construed to hold the county of Los Angeles or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any activity authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this chapter. By adopting the provisions of this chapter, the county of Los Angeles does not intend to impose on itself, its officers, employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages against the county of Los Angeles, its officers, employees or agents. (Ord. 99-0073 § 1 (part), 1999.)