Costa Mesa Municipal Code Art. 5 Enforcement, Abatement, Appeal and Severability Provisions

Any custodian violating the provisions of this chapter shall be subject to prosecution for a misdemeanor or infraction, as provided in section 1-33 of this Code.

(Ord. No. 79-7, § 2, 6-4-79)

(1) Any vending machine located, placed, maintained, or not removed in violation of the provisions of this chapter is a public nuisance and may be abated as herein provided, notwithstanding the criminal penalties herein.

(2) The director shall cause a tag to be affixed to any vending machine found to be in violation and send written notice to the custodian of said machine (as reflected in the city's records or on the machine itself) specifying the violation and the date, time and place of abatement hearing, and abatement procedures.

(3) Within 30 days from the date of such written notice, the director shall hold an abatement hearing. The hearing shall be conducted informally as an administrative hearing for the purpose of determining if the provisions of this chapter have been violated. The written decision of the director shall be final subject to appeal as herein provided.

(4) If the decision is to abate said vending machine, the director shall make a written record of same and abate said machine by impounding and disposing of the machine as herein provided.

(5) The director may sell or otherwise dispose of any vending machine so impounded, together with its contents, including money, pursuant to California Government Code Sections 50050 to 50055 and other applicable laws when the decision to abate and impound has become final.

(Ord. No. 79-7, § 2, 6-4-79)