§ 8.12.150. Salvage and application for salvage permit.

A.

The city manager or his or her designee may grant an exemption to Section 8.12.140B to individuals removing certain items collected at the El Cerrito Recycling and Environmental Resource Center for legitimate salvage. Certain categories of items, as designated and specially marked by city staff, may be designated for ongoing salvage and/or reuse available to all patrons without a salvage permit.

Salvage of all other categories of materials that are not designated by city staff for ongoing salvage and/or reuse shall require an exemption via a salvage permit application by the individual seeking permission to salvage the materials. Such salvage permit application is subject to the following qualifications:

1.

Applicant must demonstrate that the salvaged materials will be legitimately reused or repurposed through, for example: use as-is; repair and use; use in an art, school, or other project; use as parts; use in collections (e.g. stamps); or other personal uses.

2.

Applicant must sign a statement, under penalty of perjury, that no materials taken for salvage will be sold as recyclable materials.

3.

Applicant will be subject to any limits on the quantity of salvaged material that may be taken, as determined by the city manager or his or her designee. The city manager or his or her designee may require that applicants salvaging materials above certain limits purchase those materials at fair market value from the city. Applicant must sign a statement, under penalty of perjury, that the applicant will abide by all salvage limits.

4.

Applicant must demonstrate that any salvage proposed by applicant does not constitute a nuisance as specified in Chapter 8.34 of the El Cerrito Municipal Code and is not in violation of any other El Cerrito Municipal Code provisions.

5.

The mere payment of fees that fund curbside recycling collection, the El Cerrito Recycling and Environmental Resource Center and El Cerrito environmental programs shall not constitute grounds for the granting of a salvage permit.

B.

The salvage permit application procedure is as follows:

1.

Applicants may be required to provide information in forms provided by the city. Applicants may be required to show proof of information provided on the application form. Salvage activities are subject to inspection prior to approval of a permit.

2.

Applicant shall pay an application fee as provided in the city's master fee schedule, if one is established.

3.

Applicant may be required to meet with city staff or attend an application hearing as the city manager or his or her designee deems necessary to provide all required information and proof.

4.

Upon the determination of the city manager or his or her designee, a written notification of the approval or denial of permit shall be issued to the applicant.

5.

A salvage permit may be granted only to an individual.

6.

If the application is denied or permit revoked, the applicant may re-apply following the above process.

7.

The city manager or his or her designee may revoke a salvage permit at any time if a nuisance as defined in Chapter 8.34 of the El Cerrito Municipal Code is found to be a result of the salvage and/or if the city determines that any permitted salvage results in volumes that materially impact the City Recycling and Environmental Resource Center operations.

C.

Permittees shall provide their written approved salvage permit to city staff when engaging in permitted salvage activities or when the city manager or his or her designee requests verification.

D.

Any violation of this section is a nuisance per se punishable by fine or imprisonment as specified in Chapter 1.08 of this code.

(Ord. No. 2012-04, § I, 12-18-2012)