Ordinance No. 10711
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ORDINANCE NO. 1071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 13.6 AND 13.7 OF THE
CODE OF THE CITY OF VERNON, CALIFORNIA, 1959,
RELATING TO HEALTH PERMITS AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, Section 13.7 of the Code of the City of Vernon
requires certain business enterprises to obtain a health permit in
addition to any other permit or license needed to conduct business
in the City; and
WHEREAS, the businesses listed in said Section 13.7 are
defined in Section 13.6 of said Code; and
WHEREAS, terminology related to waste collection and
waste disposal enterprises in Sections 13.6 and 13.7 has become
outdated and should be harmonized with the terminology used in the
recently -enacted amendments to Chapter 12 of the Vernon City Code;
and
WHEREAS, the City does not have regulations for waste
collection vehicle yards, which are premises used by a waste
collection business to store, service or maintain waste collection
vehicles and/or waste containers; and
WHEREAS, it is in the interests of the public health,
safety and welfare that waste collection vehicle yards be subject
to the same health permit regulations and fees as other waste
collection and waste disposal enterprises; and
WHEREAS, the term "cesspool and sump pumping vehicle" as
used in Sections 13.6 and 13.7 of the Vernon City Code no longer
accurately describes the kind of vehicle defined as such, a more
accurate term being "liquid waste pumping vehicle;"
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WHEREAS, Lewis J. Pozzebon, Director of Environmental
Health Services, has recommended enactment of the amendments
contained in this Ordinance.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
I true and correct.
SECTION 2: Section 13.6 of the Vernon City Code is
hereby amended by deleting the definition of "cesspool and sump
pumping vehicle" in its entirety and adding to said Section 13.6,
alphabetically, the following definition of "liquid waste pumping
vehicle":
Liquid waste pumping vehicle. Any vehicle used in
whole or in part for the transportation of waste liquids,
including but not limited to sewage, industrial by-
products, waste water, and the cleanings from septic
tanks, cesspools, chemical tanks, chemical toilets,
sewage seepage pits, sewage clarifiers, sumps and similar
sewage interceptors.
SECTION 3: Section 13.6 the Code of the City of Vernon
is hereby amended by deleting the definition of "private waste
disposal vehicle" in its entirety and adding to said Section 13.6,
alphabetically, the following definition for "waste collection
vehicle":
Waste collection vehicle. Any vehicle used in whole
or in part to convey solid or mostly solid waste to a
waste disposal site, transfer station or processing
facility from a location or locations in the City. Waste
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collection vehicle shall not include a vehicle operated
by a company in the city to convey waste from its place
of business to a waste disposal site, transfer station or
processing facility or a vehicle used by a private
individual to convey waste from the individual's home to
a waste disposal site, transfer station or processing
facility, or a vehicle used by a governmental agency.
SECTION 4: Section 13.6 of the Code of the City of
Vernon is hereby amended by deleting the definition of "waste
disposal business" in its entirety and adding to said Section
13.6, alphabetically, the following definition for "waste
collection business":
Waste collection business. Any person who engages
in the business of operating one or more waste collection
vehicles.
SECTION 5: Section 13.6 of the Code of the City of
Vernon is hereby amended by adding thereto, alphabetically, the
following definition of "waste collection vehicle yard":
Waste collection vehicle yard. The premises of a
waste collection business where waste collection
vehicle(s) and/or waste container(s) are stored, serviced
or maintained.
SECTION 6: Section 13.7 of the Code of the City of
Vernon is hereby amended in its entirety to read as follows:
It shall be unlawful for any person or other legal
entity to operate, within the city, any of the following
businesses or vehicles without first applying for and
receiving a health permit for such business or vehicle
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from the
health department. Such health permit shall be
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in addition to any other license or permit required by
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the city
or by any other public jurisdiction.
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(a)
Caterer.
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(b)
Commercial agricultural operation.
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(c)
Food processing establishment.
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(d)
Food vending machine business.
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(e)
Food warehouse.
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(f)
Garment manufacturing establishment.
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(g)
Laundry.
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(h)
Laundry vehicle.
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(i)
Liquid waste pumping vehicle.
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(j)
Offal vehicle.
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(k)
Rendering plant.
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(1)
Restaurant.
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(m)
Retail food delivery vehicle.
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(n)
Retail food preparation vehicle.
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(o)
Retail food production and marketing
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establishment.
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(p)
Retail packaged food vehicle.
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(q)
Retail fruit and vegetable vehicle.
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(r)
Waste collection business.
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(s)
Waste collection vehicle yard.
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(t)
Waste disposal site.
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(u)
Waste processing facility.
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(v)
Waste transfer station.
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(w)
Water supply utility.
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(x)
Wiping rag business.
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SECTION 7: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 8: If any section, subsection, sentence, clause,
or phrase or word of this ordinance is for any reason held to be
void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to adopt and
pass this ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that one or more of the
sections, subsections, clauses, sentences or phrases thereof may
be declared void or unconstitutional.
SECTION 9: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
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1 SECTION 10: This ordinance shall be in full force and
2 effect thirty (30) days from and after its passage /of the same.
3 APPROVED AND ADOPTED this /3""'day of /u,(G , 1999.
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EONIS C. MA BURG, Mayor
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ATTEST:
8 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1071, was duly and regularly introduced at an
adjourned regular meeting of the City Council of the City of
Vernon, held on Tuesday, March 30, 1999, and thereafter finally
adopted at an adjourned regular meeting of said City Council held
on Tuesday, March 30 , 1999, and thereafter was duly signed by
the Mayor of the City of Vernon, by the following vote:
(SEAL)
AYES: ALL
NOES: NONE
Councilmen: Malburg/Ybarra
Gonzales/Davis
Councilmen:
ABSENT: ONE Councilmen: McCormick
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 27, 1999
Peter H. Maclearie, President
Coded Systems
120 Main Street
Avon, New Jersey 07717
Dear Mr. Maclearie:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed herewith is a copy of Ordinance No. 1071 to be
incorporated into the Vernon Municipal Code.
Prior to your final incorporation of this supplement, please FAX
or mail a draft for our review to ascertain that there are no
discrepancies between the actual ordinance and your
interpretation of same. We will notify you immediately if we are
in concurrence, or of any discrepancies.
After final review, forward 55 sets of the supplement to my
attention. If you have any questions, please do not hesitate to
contact me.
Very truly yours,
CITY 0"F VERNON
Gloria J. rosco
` Chief Deputy City Clerk
GJO/rcm
enclosure
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Gloria, J. Orosco, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that on the 14th day of April, 1999, I
did have posted three (3) copies of:
ORDINANCE NO. 1071 - An Ordinance of the City Council
of the City of Vernon Amending Sections 13.6 and 13.7
of the Code of the City of Vernon, California, 1959,
Relating to Health Permits and Repealing All Ordinances
or Parts of Ordinances in Conflict Therewith
One in each of the following places, to wit: at the northwest
corner of 38"' Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
c �
', oria J . Orgscr6
Chief DeputyL-L''ity Clerk
Date:
SMRON L. DUCKWORTH
COMM. i 1061096
^ Notary
LOS ANGELES COUNTY
My Comm. Expires JUN 9. IM
Subscribes `7l
me this k
Notary Pi
County o
Californ /�
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
�t
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 25, 1999
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
This legislative body adopted Ordinance No. 1067 in December,
1998, which updated portions of the City Code relating to solid
waste, and consolidated them into Chapter 12 of the City Code.
The Health Department is proposing the adoption of an Ordinance
to update Chapter 13 of the City Code and make it consistent with
terminology in the Chapter 12.
In addition, the Ordinance adds regulatory authority to permit
waste collection vehicle yards. These yards are not currently
regulated and pose potential problems from odors and vermin. To
protect public health and the environment, it is proposed that
the waste collection vehicle yards be subject to the same health
permit regulations and fees as other waste related business.
It is hereby recommended that an Ordinance be adopted making the
aforementioned changes.
Ver truly yours,
k-a'lkenhorst
City Clerk
BVM:rcm
interoffice
MEMORANDUM
To: Bruce Malkenhorst, City Administrator
From: l �v Lewis J. Pozzebon, Director, Environmental Health Department
Subject: ORDINANCE NO. 1071, REVISING SECTIONS 13.6 AND 13.7 OF THE CODE
OF THE CITY OF VERNON
Date: March 25, 1999
In December, 1998, the City Council adopted Ordinance No. 1067, which updated portions of the
Vernon City Code relating to solid waste, and consolidated them into Chapter 12 of the Code.
Some of the updates involved terminology changes which now conflict with existing terms in the
health permit categories of Chapter 13 of the Code. The subject ordinance was prepared to update
Chapter 13 and make it consistent with the terminology in the Chapter 12.
In addition, Ordinance No. 1071 adds regulatory authority to permit waste collection vehicle yards.
These yards are not currently regulated and pose potential problems from odors and vermin. To
protect public health and the environment, we are proposing that the waste collection vehicle yards
be subject to the same health permit regulations as other waste related businesses.
We are recommending that the City Council adopt Ordinance No. 1071.
xc: David Brearley, City Attorney
si:solidwaste\solidwastefees.mem
interoffice
MEMORANDUM
To: David Brearley, City Attorney
From: if Lewis Pozzebon, Director, Environmental Health Department
Subject: REQUEST FOR CHANGES IN THE CODE OF THE CITY OF VERNON,
CHAPTER 13, AND THE FEE RESOLUTION FORMAT
Date: March 4, 1999
Our common efforts to consolidate waste management code sections and regulations into Chapter
12 of the Code have resulted in a need to alter the permit section of Chapter 13, and the format of
the annual fee resolution.
We request the following changes to the Code, Section 13.6, Definitions:
Substitute the term "Liquid waste pumping vehicle" for "Cesspool and sump pumping
vehicle" (definition remains unchanged).
2. Substitute the term "Waste disposal business" for "Waste collection business" and
change the definition to "Waste collection business means any person who engages
in the business of operating one or more waste collection vehicles".
Substitute the term "Waste collection vehicle" for "Private waste disposal vehicle",
and change the definition to: "Waste collection vehicle means any vehicle used in
whole or in part to convey solid, or mostly solid waste to a waste disposal site,
transfer station, or processing facility from a location or locations in the city. Waste
collection vehicle shall not include a vehicle operated by a company in the city to
convey waste from its place of business to a waste disposal site, transfer station, or
processing facility or a vehicle used by a private individual to convey waste from the
individual's home to a waste disposal site, transfer station, or processing facility, or
a vehicle used by a governmental agency."
Reason: Above changes will make the terms used in Chapters 12 and 13 the same.
4. Add the following definition:
Waste collection vehicle yard means the premises of a waste collection business where
waste collection vehicle(s) and/or waste container(s) are stored, serviced, and/or
maintained.
Reason: The addition will place the terms in both Chapters 12 and 13.
David Brearley, City Attomey
Page 2
March 4, 1999
We also request the following changes to the Code, Section 13.7, Health permit required:
1. Change "(b) Cesspool and sump pump vehicle" to "Liquid waste pumping vehicle".
Reason: Same term in Chapters 12 and 13.
2. Change "(r) Waste disposal business" to "Waste collection business".
Reason: Same as above.
3. Add: "Waste collection vehicle".
Reason: Will allow Health Department to permit each vehicle.
4. Add: "Waste collection vehicle yard".
Reason: The Health Department will be able to permit each such yard.
5. Re -alphabetize and re -letter the resultant list as necessary.
We also request the following changes to Section 2 of the permit fee resolution format(copy of
previous resolution attached):
1. Change (b) "Cesspool and Sump Pumping vehicle" to "Liquid Waste Pumping
vehicle".
2. Change (r) "Waste Disposal Business" to "Waste Collection Business".
3. Add "Waste Collection Vehicle".
4. List separate fees for "Waste Collection Vehicle" ($67 at present) and "Waste
Collection Business ($126 at present).
5. Add "Waste Collection Vehicle Yard" and list a permit fee equal to the fees for a
"Waste Disposal Site" or a "Waste Transfer Station".
6. Place double asterisks (**) after the fee for "Waste Collection Vehicle Yard", and
place another two asterisks and the following language at the bottom of Section 2:
"Does not apply if the business that stores waste collection vehicles or containers at
the yard also has a Vernon permit for a Waste Collection Business".
If you have any questions, please contact Dan Downing.
Attachment
ZL .:cd
xc: Bruce V. Malkenhorst, City Administrator
si solidwastek;odechanges. mem
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RESOLUTION NO. 6955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING HEALTH PERMIT, HAZARDOUS
MATERIALS ESTABLISHMENT PERMIT, AND APPLICATION
FEES FOR PERMITS GRANTED BY THE CITY OF VERNON
PURSUANT TO SECTIONS 11.25, 13.7, 13.31, 13.53,
25.12, AND 25.13-6 OF THE VERNON CITY CODE AND
REPEALING RESOLUTION NOS. 6354, 6618, AND 6619
WHEREAS, Sections 11.25, 13.7, 13.31, 25.12, and 25.13-6
of the Vernon City Code provide for the issuance of health permits
for various types of businesses, vehicles, facilities and uses; and
WHEREAS, Section 13.53 to the Code of the City of Vernon
provides for the issuance of permits for hazardous materials
establishments; and
WHEREAS, Sections 11.25, 13.8, 13.34, 13.55, and 25.12-4
of the Vernon City Code provide that the City Council of the City of
Vernon shall establish health permit fees, hazardous materials
establishment permit fees, and application fees therefor by
resolution; and
WHEREAS, the City Council of the City of Vernon adopted
Resolution No. 6354 on November 23, 1993, Resolution No. 6618 on May
2, 1995, and Resolution No. 6619 on May 2, 1995, establishing health
permit fees, hazardous materials establishment permit fees, and
application fees in accordance with said Code; and
WHEREAS, fees established by said resolutions have been
determined to be inadequate; and
WHEREAS, the City Council of the City of Vernon intends to
establish new fees for such categories as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
establishes the following issuance fees and annual renewal fees for
permits granted by the City of Vernon pursuant to Section 13.8 of
the Vernon City Code:
TYPE OF BUSINESS OR VEHICLE ANNUAL FEE
(a) Caterer $176 (or $61 per day)
(b) Cesspool and Sump Pumping $126 basic business
Vehicle inspection fee and
$67 per vehicle
(c)
Commercial Agricultural
Operation
$114
(d)
Food Processing Establishment
(1) Less than 2,000 sq.ft.
$274
(2) 2,000 sq.ft. or more
$554
(e)
Food Vending Machine Business
$24 per machine
(f)
Food Warehouse
$213
(g)
Garment Manufacturing
$131 (one time
application fee)
Establishment
and $179
To Amend Permit
$45
(h)
Laundry (including vehicles
operating from the City of
Vernon)
$126
(i)
Laundry Vehicle (independent
and from outside the City of
Vernon)
$67 per vehicle
(j)
Offal Vehicle
$126 basic business
inspection fee" and
$67 per vehicle
(k)
Rendering Plant
$194 + $67 per vehicle
(1)
Restaurant
(1) 0-30 seats
$213
(2) 31 seats and over
$423
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(m)
Retail Food Delivery Vehicle
$74 per vehicle
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(N)
Retail Food Preparation Vehicle
$213 (or $74 per day)
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(o)
Retail Food Production and
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Marketing Establishment
$139
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(p)
Retail Fruit and Vegetable
$74 per vehicle
Vehicle
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(q)
Retail Packaged Food Vehicle
$139 (or $44 per day)
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(r)
Waste Disposal Business
$126 basic business
inspection fee and
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$67 per vehicle
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(s)
Waste Disposal Site
$126
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(t)
Waste Processing Facility
$126
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(u)
Waste Transfer Station
$126
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(v)
Water Supply Utility
$5.00 per service
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(w)
Wiping Rag Business
$131 (one time)
$179 annual
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The $126 basic business inspection
fee does not apply to
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a company operating offal vehicle(s) in conjunction
with, and as a
part of,
a Vernon permitted Rendering Plant or Food Processing
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Establishment.
SECTION 3: The City Council of the
City of Vernon hereby
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establishes the following issuance fees and annual renewal fees for
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health permit inspections granted by the City
of Vernon pursuant to
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Section
11.25 of the Vernon City Code:
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TYPE OF BUSINESS OR VEHICLE
ANNUAL FEE
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(a)
Wholesale Food Vehicle
$ 39 per vehicle
SECTION 4: The City Council of the
City of Vernon hereby
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establishes
the following issuance fees and annual renewal fees for
permits
granted by the City of Vernon pursuant to Section 13.34 of
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the Vernon City Code:
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I TYPE OF BUSINESS OR VEHICLE ANNUAL FEE
2 (a) Underground Hazardous Substances $266 for five (5)
Storage Facility years
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(b) Annual Tank Operating Permit $60 per tank (not to
4 exceed $300 per
facility)
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(c) Transfer of Operating Permit $88
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(d) Amendment to an Operating Permit $45
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SECTION 5: The City Council of the City of Vernon hereby
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establishes the following permit and application fees for hazardous
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materials establishments pursuant to Section 13.55 of the Code of
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the City of Vernon:
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DESCRIPTION FEE
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APPLICATION FEE (one time): $254
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PERMIT FEE (initial and renewal):
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Class A: $ 84
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Handling of less than 100 kilograms (220 lbs) of
16 hazardous materials per month; or less than 1
kilogram (2.2 lbs) of extremely hazardous waste
17 per month.
18 Class B: $254
19 Handling of 100 kilograms (220 lbs) to 1,000
kilograms (2,200 lbs) of hazardous materials per
20 month; or 1 kilogram (2.2 lbs) to 10 kilograms
(22 lbs) of extremely hazardous waste per month.
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Class C: $422
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Handling of over 1,000 kilograms(2,220 lbs) of
23 hazardous materials per month; or over 10
kilograms (22 lbs) of extremely hazardous waste
24 per month,.
25 TO AMEND PERMIT: $ 45
26 CERTIFICATE OF CLOSURE $254
27 For the purpose of determining the above fees, 1 gallon
28 1 (3.79 liters) of liquid shall be equivalent to 7 pounds (3.18
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1 kilograms).
2 Establishments which have hazardous substances stored in
3 underground storage tanks, for which a valid operating permit has
4 been issued by the City of Vernon, shall be exempt from including
5 the volume of the underground storage capacity when determining the
6 permit fee classification for a hazardous materials establishment.
7 SECTION 6: The City Council of the City of Vernon hereby
8 establishes the following application fees, fee for filing an
9 appeal, and fee to amend a well permit granted by the City of Vernon
10 pursuant to Section 25.12-4 of the Vernon City Code:
11 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE
12 (a) Drilling a water well or
destroying or converting an
13 existing water well $175
14 (b) Drilling a monitoring well
(ground water) $105
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(c) Filing an appeal $ 70
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(d) Amendment to a well permit $ 45
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SECTION 7: Delinquent fees shall be subject to the
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penalties set forth in Vernon City Code Sections 13.15, 13.34,
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13.55(b), or 25.12-1, as applicable.
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SECTION 8: In addition to the foregoing, the licensee or
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permittee shall pay all other necessary fees or deposits which may
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be required by other ordinances or resolutions of the City of Vernon
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or applicable State law.
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SECTION 9: The fees provided for herein shall be
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effective June 1, 1997, and all provisions of Resolution Nos. 6354,
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6618, and 6619, and all other resolutions in conflict herewith are
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repealed.
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SECTION 10: The City Clerk of the City of Vernon shall
certify the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of May, 1997.
ATTEST:
s/Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
Imo'
s/Lennis C_ Mnlhnrg
LEONIS C. MALBURG. Mayor
I STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6955, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held on
7 Tuesday, May 20, 1997, and thereafter was duly signed by the Mayor
8 of the City of Vernon.
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10 s/Bruce v Malkenhnrst
BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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Era
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