HomeMy WebLinkAboutOrdinance No. 2332 ORDINANCE NO. 2332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA ADDING CHAPTER 12.60 TO
THE AZUSA MUNICIPAL CODE PROVIDING FOR THE
RECOVERY OF COSTS RELATED TO HAZARDOUS WASTE
OR SUBSTANCE SPILLS, RELEASES AND OTHER
INCIDENTS.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.60 is hereby added to the Azusa
Municipal Code to read as follows:
"CHAPTER 12.60 - LIABILITY FOR COSTS OF RESPONSE TO
HAZARDOUS WASTE OR SUBSTANCE
SPILLS, RELEASES AND OTHER
INCIDENTS
"SECTION 12.60.010 FINDINGS. The City
Council of the City of Azusa does hereby find,
determine and declare that:
A. The City of Azusa responds to complaints
of hazardous waste or substance spills,
releases and other incidents.
B. Such spills, releases and other incidents
are a possibility within the City limits owing
to activities in the City relating to or using
hazardous materials or waste products.
C. Such responses require the use of extra
manpower, specialized equipment and other
additional costs.
D. Section 510 of the California Health and
Safety Code expressly allows a city to adopt
an ordinance allowing the city to recover
costs of any such response from private
persons associated with activities resulting
in hazardous waste or substance spills,
releases or other incidents.
E. Sections 3479 and 3494 of the California
Civil Code provide that such spills, releases
and other incidents which obstruct the free
passage or use of any public street or highway
create a public nuisance which may be abated
by the City of Azusa.
F. The provisions of Article 6 of Chapter 10
of Part 2 of Division 3 of the California
Government Code (commencing with section
38771) provide that a city council may declare
by ordinance what constitutes a public
nuisance and provide for the summary abatement
of such nuisance at the expense of the persons
creating, causing, committing or maintaining
it, and by ordinance may make the expense of
abatement a lien against property upon which
it is maintained, as well as a personal
obligation against the property owner.
"Section 12.60.020 PURPOSE AND AUTHORITY.
The purpose of this Chapter is to establish
liability for reimbursement of the City' s
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expenses incurred in connection with
corrective action necessitated by violations
of the hazardous waste and substance control
laws. The authority for this Chapter includes
the general police power; the provisions of
Article 6 of Chapter 10 of Part 2 of the
California Government Code (commencing with
Section 38771) ; sections 3479 and 3494 of the
California Civil Code; section 510 of the
California Health and Safety Code, (herein-
after "Health and Safety Code" ) ; the
provisions of Chapter 6.5 (commencing with
section 25100) of Division 20 of the Health
and Safety Code; and other applicable law. "
"Section 12.60.030 DEFINITIONS. For the
purposes of this Chapter, unless the context
otherwise requires:
(a) 'City' means, in addition to the
City of Azusa, any special district
governed by the City Council of the
City of Azusa.
(b) 'Corrective action' includes,
without limitation, any ' remedial
action' within the meaning of
section 25322 of the Health and
Safety Code and any ' removal ' within
the meaning of section 25323 of the
Health and Safety Code.
(c) 'Disposal ' has the meaning assigned
to that term by section 25113 of the
Health and Safety Code.
(d) 'Hazardous waste or substance' means
a waste or substance that consists
of a material listed in either the
List of Chemical Names or the List
of Common Names appearing in
section 66680 of Title 22 of the
California Administrative- Code, a
waste or substance as defined in
either section 25280, section 25316
or section 25400 of the Health and
Safety Code.
(e) 'Hazardous waste and substance
control laws ' means Chapter 6. 5
(commencing with section 25100) or
Chapter 6.7 (commencing with section
25280) of Division 20 of the Health
and Safety Code or any permit, rule,
regulation, standard or requirement
issued or promulgated pursuant to
such chapters.
(f) 'Release' has the meaning assigned
to that term by section 25320 and
section 25321 of the Health and
Safety Code.
(g) 'Unauthorized disposal or release'
means any disposal of a hazardous
waste or substance which is in
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violation of the provisions of
Chapter 6. 5 (commencing with section
25100) of Division 20 of the Health
and Safety Code, any 'unauthorized
release' within the meaning of
section 25280 of the Health and
Safety Code, or any release of a
hazardous waste or substance which
is not 'a release authorized or
permitted pursuant to state law'
within the meaning of section 25326
of the Health and Safety Code.
(h) 'Person' has the meaning assigned
to that term by Section 25118 of the
Health and Safety Code. "
"Section 12.60.040 LIABILITY FOR UNAUTHORIZED
DISPOSAL OR RELEASE. If the City takes any
corrective action which, in the judgment of
either the City Administrator or his appointed
officer, is reasonably necessary to remedy or
prevent an imminent substantial danger to the
public health, domestic livestock, wildlife or
the environment arising out of any
unauthorized disposal or release of any
hazardous waste or substance, the following
described persons shall be jointly and
severally liable to the City for the cost
incurred by it in taking any such corrective
action:
(a) The person or persons whose
negligent or willful act or omission
proximately caused such disposal or
release;
(b) The person or persons who owned or
had custody or control of the
hazardous waste or substance at the
time of such disposal or release,
without regard to fault or proximate
cause; and
(c) The person or persons who owned or
had custody or control of the
container which held such hazardous
waste or substance at the time of or
immediately prior to such disposal
or release, without regard to fault
or proximate cause. " 1
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"Section 12.60.050 LIABILITY FOR FAILURE TO
COMPLY WITH ORDERS. If the City Administrator
or his appointed officer issues a lawful order
directing any person who has violated or is in
violation of any provisions of the hazardous
waste or substance control laws to take
corrective action respecting such violation,
and if such person does not take such
corrective action on or before the date
specified in the order, the City may take or
contract for the taking of such corrective
action. If such corrective action is taken by
or contracted for by the City, the person to
whom the order was directed shall be liable to
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the City for the cost incurred by it in taking
or contracting for such corrective action. If
such corrective action is taken by the person
to whom the order is directed or by such
person' s agent, the person to whom the order
is directed shall be liable to the City for
the City's cost of supervising such corrective
action or otherwise verifying compliance with
the order . "
"Section 12.60.060 COMPUTATION OF COSTS. The
costs referred to in section 12.60.050 shall
include, in addition to the City' s direct out-
of-pocket expenses, the cost of all City
personnel engaged in such work computed in
accordance with the City's standard accounting
procedures for computing the hourly cost of
services by such personnel and any other costs
or fees set by resolution. "
"Section 12.60.070 RECOVERY OF COSTS WHERE
REAL PROPERTY IS THE SUBJECT OF ENFORCEMENT.
All costs as computed by Section 12.60.060
shall constitute a lien against the real
property and special assessment against the
real property owned by a person liable under
this Chapter if said property is the subject
of the enforcement. Moreover, all such costs
shall also be a personal obligation against
the property owner, recoverable in a civil
action as provided by Section 12.60.080 .
"Section 12.60.080 RECOVERY OF COSTS WHERE
REAL PROPERTY IS NOT THE SUBJECT OF
ENFORCEMENT. Where real property is not the
subject of the enforcement, the amount of such
costs for which liability is imposed pursuant
to this Chapter shall be recoverable in a
civil action by the City and shall be in
addition to any other fees or penalties
authorized by law, provided that any sums
actually received by the City in connection
with such work pursuant to Chapter 6.8
(commencing with section 25300) of Division
20 of the Health and Safety Code shall be
credited against any amount recoverable in
such civil action. " If the City is the
prevailing party in any such action, the City
shall be entitled to receive its attorney fees
and litigation costs incurred in prosecution
of the action.
"Section 12.60 .090 LEVY, COLLECTION AND
ENFORCEMENT OF SPECIAL ASSESSMENT UPON REAL
PROPERTY. The procedures to be used con-
cerning the levy, collection and enforcement
of a special assessment for the recovery of
costs as provided by Section 12.60.070 shall
be the same as the procedures used for
'Abatement of Real Property Nuisances ' ,
described in the Azusa Municipal Code Sections
15.08.020 through 15.08.150.
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SECTION 2: The City Clerk shall certify the passage of
this ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this 1st day of December .
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2332
was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 17th day
of November , 1986. That thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City
Council on the 1st day of December , 1986, by the
following vote, to wit:
AYES: Councilmembers: AVILA, COOK, CRUZ , LATTA, MOSES
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
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ADQTGH SOLIS, CITY CLERK
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