Chapter 72 — TRAFFIC SCHEDULES

SCHEDULE I. TRUCK ROUTES.

(A) Whenever the city designates and describes any street or portion thereof as a street, the use of which is permitted by any vehicle exceeding a maximum gross weight limit of six tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as “truck routes” for the movement of vehicles exceeding a maximum gross weight limit of six tons.

(B) When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of six tons shall drive on such route or routes and none other except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of six tons coming from a “truck route” having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups and deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained.

• (C) The provisions of this section shall not apply to:

• (1) Passenger buses under the jurisdiction of the Public Utilities Commission;

• (2) Any vehicle owned by a public utility; or

• (3) Any vehicle under contract to the city.

• (D) The following streets and parts of streets are hereby declared to be truck routes for the movement of vehicles that exceed a maximum gross vehicle weight of six tons:

• (1) Grand Avenue, within city limits;

• (2) North and South Oak Park Boulevard, from Long Branch Avenue to the northern city limit;

• (3) Farroll Road, from South 4th Street to Oak Park Boulevard;

• (4) Highland Way, from South 4th street to 13th Street;

• (5) North and South 4th Street, within city limits;

• (6) El Camino Real, from the western city limit to the eastern city limit;

• (7) Ramona Avenue, from North 4th Street to Front Street;

• (8) 3rd Street, from Grand Avenue to Ramona Avenue;

• (9) Front Street, from Ramona Avenue to Newport Avenue;

• (10) The Pike, From 13th Street to 23rd Street; and

• (11) South 13th Street from Farroll Road to The Pike.

• (Ord. 23-03, passed 10-10-2023)

SCHEDULE II. SPECIAL SPEED ZONES.

(A) Established speed limits in certain zones . In accordance with Cal. Vehicle Code § 22357, an engineering and traffic survey has been performed that provides recommendations to establish the speed limit necessary for safe operation of vehicles for the following streets. It is hereby declared that the prima facie speed limit for the following streets shall be as designated below when signs are erected giving notice thereof:

• (1) The following streets shall be designated as 25 mph:

• (a) From Highland Way to South 4th Street to South 13th Street;

• (b) From South 8th Street to West Grand Avenue to Farroll Road;

• (c) From Long Branch Avenue to South 4th Street to South Oak Park Boulevard;

• (d) From Mentone Avenue to South 4th Street to South Oak Park Boulevard; and

• (e) From North Oak Park Boulevard to El Camino Real to Atlantic City Avenue.

• (2) The following streets shall be designated as 30 mph;

• (a) From Atlantic City Avenue to North 4th Street to North 12th Street;

• (b) From Atlantic City Avenue to North 12th Street to North Oak Park Boulevard;

• (c) From North 13th Street to Atlantic City Avenue to West Grand Avenue;

• (d) From South 13th Street to West Grand Avenue to Farroll Road;

• (e) From West Grand Avenue to Highway 1 to Oak Park Boulevard;

• (f) From The Pike to South 13th Street to East City Limit;

• (g) From North Oak Park Boulevard to Atlantic City Avenue to West Grand Avenue;

• (h) From South Oak Park Boulevard to West Grand Avenue to Mentone Avenue;

• (i) From South Oak Park Boulevard to Farroll Road to The Pike; and

• (j) From North 12th Street to Atlantic City Avenue to El Camino Real.

• (3) The following streets shall be designated as 35 mph:

• (a) From South Oak Park Boulevard to Mentone Avenue to Farroll Road;

• (b) From Farroll Road to South 4th Street to South 13th Street;

• (c) From Farroll Road to South 13th Street to South Oak Park Boulevard;

• (d) From North 4th Street to North City Limit to Ocean View Avenue;

• (e) From North 4th Street to Ocean View Avenue to Farroll Road;

• (f) From North 4th Street to Farroll Road to South City Limit; and

• (g) From South 13th Street to Farroll Road to The Pike.

• (4) The following streets shall be designated as 40 mph:

• (a) From El Camino Real to North 12th Street to Eastern City Limit; and

• (b) From El Camino Real to Westerly City Limit to North 12th Street.

• (Ord. 23-03, passed 10-10-2023)

CHAPTER 90: NUISANCES

HEALTH AND SANITATION

(A) Reference is hereby made to the County Ordinance Code, Chapter 8, Health and Sanitation, Part I, Part II, and Part III, as amended, being the Health Code of the county, and the same are hereby approved and adopted as the Health Code of the city, except as follows: Cal. Health and Sanitation Code §§ 7.004 and 7.005 of Division 2 of Chapter 7 are expressly eliminated and shall not be applicable in the city. (Prior Code, § 5100)

(B) Three copies of said County Code Ordinance, Chapter 7, Health and Sanitation, Part I, Part II and Part III, except therefrom Cal. Health and Sanitation Code §§ 7.004 and 7.005 of Division 2, of said Chapter 7, which are eliminated in division (A) above and made inapplicable in the city, which said parts of said County Code Ordinance constitute the Health Code of the county, shall be deposited in the office of the City Clerk and shall be maintained by said City Clerk for the use and examination by the public.

(Prior Code, § 5101)

(C) Title 8, Chapter 8.04, of the County Code, is hereby adopted as the law relating to food and drink establishments, and each of the provisions of said chapter are hereby referred to, adopted, and made a part hereof, including subsequent amendments thereto, as though fully set forth herein. (Prior Code, § 5102)

(Ord. 20, passed 3-15-1961; Ord. 75-11, passed 3-15-1975)

ABATEMENT OF NUISANCES

(A) This subchapter is adopted to declare what constitutes a public nuisance and to establish procedures to abate nuisances and to recover costs of such abatement.

(B) It is declared to be in the best public interest to promote the health, safety, and welfare of the residents of the city by providing a summary procedure for the abatement of nuisances, which abatement procedures shall not replace but be supplemental and in addition to all other proceedings by this code or otherwise by law. (Prior Code, § 1500) (Ord. 19-08, passed 7-15-2019; Ord. 22-03, passed 4-11-2022)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

ABANDONED (BUILDING, STRUCTURE OR PROPERTY). Any property that is vacant and/or under a current notice of default, notice of trustee’s sale, or that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or that is transferred under a deed in lieu of foreclosure or sale.

ABATEMENT. The demolition, removal, repair, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances, or equipment; or the removal, transportation, disposal, and treatment of waste

and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.

ATTRACTIVE NUISANCE. Any building, condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. ATTRACTIVE NUISANCES may include, but shall not be limited to:

• (1) Abandoned and/or broken equipment or vehicles;

• (2) Hazardous pools, ponds, culverts, or excavations;

• (3) Neglected machinery; and

• (4) Abandoned buildings.

BUILDING. Any structure, including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobilehome, or other residential, commercial, or industrial structure or any portion thereof which is designed, built, rented, or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or other establishment, warehouse, kiosk, shed, or other structures affixed to or upon real property, used for the purpose of conducting a business, storage, or other activity.

CONSTRUCTION MATERIAL. Any discarded material from the building or destruction of structures, roads, and bridges, including concrete, rocks, asphalt, plasterboard, wood, and other related material.

ENFORCEMENT OFFICER. The individuals designated within § 37.057, as amended.

GARBAGE. Any putrescible animal, fish, fowl, food, fruit or vegetable matter resulting from the cultivation, preparation, storage, handling, decay, or consumption of the substance.

HAZARDOUS SUBSTANCE. Any chemical compound, mixture, substance, or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the state as a HAZARDOUS WASTE , as defined in 40 C.F.R. § 261.33, except that for the purposes of this subchapter, HAZARDOUS WASTE also shall include HOUSEHOLD WASTE , as defined in 40 C.F.R. § 261.4(B)(1).

HEARING OFFICER. The person appointed by the City Manager consistent with § 37.033.

IMPROVED SURFACE. A ground surface covered or paved with concrete, asphalt, brick and mortar, stone and mortar, concrete pavers and mortar, and/or such other material as has been approved for parking of vehicles in such a manner as is designed to properly support the gross weight of the class of vehicle parked, support all wheels of the vehicle, and permanently prohibit both weed growth around and under the vehicle, and leakage of oil, fuel, and other fluids into the ground.

INFESTATION. The presence, within or contiguous to, a structure or premises of termites, insects, vermin rodents, or other pests. If the actual presence of pests cannot be confirmed, the presence of fresh droppings, larvae, eggs, recent rodent holes, or other such evidence may be used to identify a current INFESTATION .

INOPERABLE VEHICLE. Any vehicle, trailer, boat, or recreational vehicle which cannot be legally operated on a public street because the vehicle lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate the vehicle safely, or is not currently registered with the State Department of Motor Vehicles.

JUNK. Any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out, or wrecked object, thing, or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.

ODOR. Any smell, scent, or fragrance.

OWNER. Any person, agent, firm, or corporation having legal or equitable interest in the property.

PERSON. An individual, partnership, corporation, association, or organization, or agent of any of the foregoing. PREMISES. Any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways, and parking areas.

PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway, or unimproved public easement. REFUSE. Any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.

RESPONSIBLE PERSON. The owner of record of real property; any occupant, agent, custodian, lessee, manager, user, or interested holder in property or premises, including, but not limited to, a trustee or beneficiary who holds a deed of trust to abandoned property; or any other person determined to have caused, committed, or permitted a violation of this code, or any other law, statute, regulation, or rule regulating public nuisances.

RIGHT-OF-WAY. Any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose including, but not limited to, roadways, alleys, streets, parkways, pedestrian ways, and sidewalks.

VACANT or VACATED. Real property not lawfully occupied by or with the consent of the owner or leaseholder of the property.

VEHICLE. Any device by which any person or property may be propelled, moved, or drawn upon a highway or upon water or through the air, excepting a device moved exclusively by human power.

WEEDS. The term is defined consistent with Cal. Health and Safety Code § 14875, as amended. (Prior Code, § 1501) (Ord. 19-08, passed 7-15-2019)

(A) The provisions of this subchapter are applicable to all property located within the city wherein any of the conditions, uses, or activities hereafter specified are found to exist. This subchapter shall not apply to any condition expressly allowed or authorized by federal or state law or any other provision of this code. The list of conditions, uses, and activities declared to be public nuisances is not intended to be exclusive and additional conditions; uses or activities may be declared by the City Council by amendment of this subchapter or any other means authorized by law. (B) Violations of this subchapter shall be treated as strict liability offenses regardless of intent. (Prior Code, § 1502) (Ord. 19-08, passed 7-15-2019)

It is unlawful and is declared a nuisance for any responsible person in the city to maintain or allow another to maintain, or fail to maintain any of the following conditions.

(A) Buildings, structures, facilities, equipment, devices, or improvements.

(1) Construct, maintain, or occupy in violation of any provision of any comprehensive or uniform building, plumbing, electrical, housing, mechanical, or fire code as adopted by the city or enacted by the state and codified in the State Codes or within the State Code of Regulations;

(2) Construct, maintained, or occupy in violation of any provision of any chapter or title of this code, including, but not limited to, prohibited uses, setback violations, development standards, and sign regulations;

(3) Which have been abandoned, vacated, boarded up, partially destroyed, or left in a state of partial construction or repair for a period exceeding 180 days, or and have become accessible to unauthorized persons including, but not limited to, juveniles, vagrants, or persons engaged in illegal, hazardous, drug, or gang activity;

(4) Which have become defective, unsightly, or in such a condition of deterioration or disrepair as the same may cause depreciation of the property values to surrounding properties;

(5) Upon which the condition of the exterior coating has become so deteriorated as to permit decay, excessive checking, cracking, dry rot, termite infestation, broken windows, or warping;

(6) With graffiti or other words, lettering, or drawings not otherwise permitted by the provisions of this code, or state or federal law on visible or exterior surfaces;

(7) Without a connection to a sewer disposal system or sanitary sewer if occupied or with any leaking seeping sewage;

(8) Without a connection to a permanent electrical service if occupied and such service is available within 300 feet of the occupied building or structure;

(9) Without hot water, running water, adequate heating, and electricity if occupied; and/or

(10) Constructed in violation of any state or local law or regulation relating to the condition, use, occupancy, or maintenance of buildings.

(B) Outdoor storage or maintenance.

(1) Abandoned, damaged, or broken equipment, instrumentality, machinery, household items, or appliances;

(2) Refuse, rubbish, scrap metal, appliances, shopping carts, wood, plant cuttings, broken or discarded furniture or household equipment, junk, trash or debris, parts, cans, boxes, or containers;

(3) Any hazardous substance or waste product including, but not limited to, biological material, oil, gasoline, automotive fluids, and household chemicals not lawfully stored or which has been discharged, released, placed, or deposited upon any premises or onto any public property;

(4) Construction materials, equipment, or machinery that is visible from a public or private right-of-way in a residential zone; and/or

(5) Any materials that are stored or stacked in a manner in which the materials could be discharged into a storm drain system.

(C) Landscaping, vegetation, or improved or unimproved property.

(1) Property, including any sidewalks and parkways adjacent thereto, containing weeds, dry grasses, dead trees, dead shrubs, or any other material which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees, or shrubs, including, but not limited to, sagebrush, chaparral, and Russian thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds;

(2) Containing stagnant or standing water, refuse, rubbish, offal, excrement, or other waste materials which emit an odor;

(3) Trees and shrubs containing dead or fallen limbs or branches which present a safety hazard;

(4) Trees or shrubs which are overgrown or contain limbs or branches that restrict, impede, or obstruct the use of or obscure the visibility of pedestrians or drivers using the public rights-of-way, easements, sidewalks, or roadways;

(5) Overgrown vegetation likely to harbor vermin, insects, or rodents of any kind; and/or

(6) Not conforming to any requirement set forth in any zoning or land use approval, permit, entitlement, contract, or environmental document relating to the property.

(D) Vehicles stored, parked, used, or maintained.

(1) To allow or perform the maintenance, repair, restoration, painting, body work, or dismantling of any vehicle, equipment, or parts thereof on the exterior portion of any residential property. This prohibition shall not apply to work specifically authorized by state or local law or regulation, and shall not apply to minor repair or maintenance of vehicles which are registered to the person residing on the property and such repairs or maintenance are not conducted outside for longer than 72 consecutive hours;

• (2) With accumulations of debris, leaves, weeds, or other materials in the areas around and under the vehicle;

(3) As residential living space or occupancy, including, but not limited to, sleeping, cooking, dining, or bathing; and/or

(4) Inoperable, abandoned, wrecked, or dismantled vehicles or parts thereof not stored entirely within an enclosed building.

(E) Property.

(1) Wells, swimming pools, spas, ponds, or excavations containing water or any other liquid in excess of 24 inches in depth at any point and exceeding 5,000 gallons in capacity which are unfenced or otherwise unprotected with a barrier at least five feet in height;

(2) Any device, equipment, instrument, vehicle, machinery, or animal which creates a loud or unusual noise in violation of §§ 90.040 through 90.051;

(3) Walkways, driveways, parking lots, and other improved surfaces in a deteriorated or unsafe condition or with fading required striping or markings;

(4) An infestation of termites, insects, vermin, rodents, or other pests;

(5) The display or placement upon any fence, wall, tree, bush, or any other structure, or portion thereof, of any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothes line facility that is visible from a public or private right-of-way;

(6) Any alteration to the alignment of a natural or developed drainage course, culvert, device, facility, improvement, or system designed to convey stormwater runoff (“drainage system”) or any drainage system which contains:

(a) Any blockage or damming which prevents the continuous and unimpeded flow of stormwater;

(b) Any vegetation not approved as part of the original design of the drainage system;

(c) An accumulation of sediment which alters the elevation of the natural, designated, or approved flow of stormwater;

(d) Any junk, trash, debris, items, or materials not approved as part of the original design of the drainage system; or

(e) Any modification to the original approved design of a drainage system that restricts, impedes, or reduces the natural or designed flow of the drainage system.

• (7) Any attractive nuisance;

(8) Any condition which creates a detriment or hazard to the public health, safety, or general welfare as to constitute a public nuisance as defined by Cal. Civil Code § 3480, Cal. Health and Safety Code § 11570, Cal. Penal Code § 11225, or Cal. Government Code § 39561; and/or

(9) Any violation of the city municipal code.

(Prior Code, § 1503) (Ord. 19-08, passed 7-15-2019) Penalty, see § 10.99

All or any part of any real property, or building or structure located thereon, found to constitute a public nuisance as provided in this subchapter, shall be abated by rehabilitation, repair, removal, or demolition pursuant to the procedures set forth in this subchapter.

(Prior Code, § 1504) (Ord. 19-08, passed 7-15-2019)

(A) The City Manager is authorized to administer and enforce the provisions of this subchapter.

(B) The City Manager may appoint and authorize one or more members of the city staff to act as his or her designee to administer or enforce this subchapter.

(C) In the context of this subchapter, the term CITY MANAGER includes each and all persons designated by the City Manager to assist in the administration and enforcement of this subchapter, as limited by the terms of the delegation.

(Prior Code, § 1505) (Ord. 19-08, passed 7-15-2019

(A) Consistent with this section, enforcement officers are authorized to enter upon any property or premises within the city to ascertain whether or not a nuisance, as defined in this subchapter, exists, and to make any examination and surveys as may be necessary in the performance of their enforcement duties.

(B) Inspections may include the taking of measurements, photographs, samples, or other physical evidence.

(C) All inspections will be made only after having been given consent to inspect from a responsible person or after having obtained an administrative inspection warrant pursuant to Cal. Code of Civil Procedure §§ 1822.50 et seq.

(D) Inspections of exterior conditions of property may be made from public property or from the private property of another with consent without obtaining a warrant or the consent of the occupant of the observed property. (Prior Code, § 1506) (Ord. 19-08, passed 7-15-2019)

(A) When the City Manager, or authorized representative thereof, determines that any condition on property within the city constitutes a nuisance as declared in § 90.018 such person shall give written notice to abate to responsible person(s), as identified on public records or tax assessment rolls, ordering the abatement of said nuisance.

• (B) The notice to abate shall contain the following information:

• (1) The name of the record owner of the property;

• (2) The date of the inspection;

• (3) The date of the violation(s);

• (4) The street address, assessor’s parcel number, or other definite description of the location where the violation(s) exist;

• (5) The code sections violated;

• (6) A description of the condition of the property creating the nuisance;

• (7) A reasonable time limit for correction based upon the nature of the nuisance;

• (8) A reference to the potential consequences for failure to abate the nuisance by the specified time period;

• (9) An order prohibiting the continuation or repeated occurrence of the nuisance;

• (10) The name and signature of the enforcement officer; and

• (11) Notice of the right to appeal.

• (C) Notice required by this subchapter may be served in any of the following manners:

• (1) Personal service on the responsible person;

• (2) Regular mail addressed to the responsible person at the address shown on the last available tax assessment

roll, or as otherwise known or posting in a conspicuous place on the premises or abutting the right-of-way; and

(3) Insertion of a legal advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. The newspaper advertisement shall be a general notice that property in the city has been posted and contain a general statement of the effect of such postings.

(D) Failure of any person to receive a copy of any notice issued pursuant to this subchapter shall not affect the validity of any proceedings or actions taken under this subchapter.

• (E) Nothing in this subchapter shall be construed or interpreted to require the issuance of a notice to abate as a

prerequisite to the issuance of an administrative citation or the filing of any civil action or criminal complaint.

(Prior Code, § 1507) (Ord. 19-08, passed 7-15-2019)

Any person to whom a notice of abatement was given may file an appeal of the nuisance finding with the City Manager consistent with the procedures and regulations contained within §§ 37.034 through 37.039 (A). (Prior Code, § 1508) (Ord. 19-08, passed 7-15-2019)

If the nuisance is not completely abated by the owner, as directed within the time set forth above, the City Manager may cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such persons. Consent must be obtained from a responsible person(s) prior to entering private property to perform an abatement, or an administrative inspection or abatement warrant must be obtained as required by law. (Prior Code, § 1509) (Ord. 19-08, passed 7-15-2019)

Notwithstanding any other provision of this subchapter, whenever the City Manager determines that any real property or any building, structure, or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the City Manager may, without being required to observe the provisions of this subchapter with reference to abatement procedures and notice, immediately and forthwith abate such public nuisance. Where such condition and the abatement are immediately required, the City Manager shall prepare a statement of costs in respect thereto, and the provisions of §§ 90.026 and 90.028 shall apply. (Prior Code, § 1510) (Ord. 19-08, passed 7-15-2019)

(A) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in this subchapter or defined as a nuisance elsewhere in this code, or other public nuisance, as defined under state law or other ordinance or regulation, has been given notice, by or on behalf of the City Attorney, enforcement officer, or by any other city officer, employee, or policing agent authorized to give such notice to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such non-complying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the notice.

(B) Costs and expenses, as referred to in division (A) above may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, research fees, legal costs, or expenses, including, but not limited to, procedures associated with collecting moneys due hereunder.

(C) In any judicial action, administrative proceeding, or special proceeding or action of any kind to abate a nuisance, the prevailing party shall be entitled to recovery of attorney’s fees. The recovery of attorney’s fees is limited solely to causes of action directly associated with the abatement of a public nuisance. In no action, administrative

hearing, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding. Such attorney’s fees shall be recoverable as costs of abatement.

(D) Upon the completion of any abatement pursuant to this subchapter, the City Manager shall cause a statement of the costs thereof to be prepared for submission to the City Council. The City Manager shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve upon the responsible person(s) a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. Service shall be in the same manner as set forth in § 90.022 .

submission to the City Council. The City Manager shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve upon the responsible person(s) a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. Service shall be in the same manner as set forth in § 90.022 .

(E) The costs of abatement of a nuisance, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be recorded in the official records of the county and shall be transmitted to the assessor and tax collector of the county by the City Clerk. Whereupon it shall be the duty of the assessor and tax collector to add the amount of such assessment or assessments to the next regular bills of taxes levied against the respective lot or parcel of land, and thereafter the amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes.

(F) At the time and place set for receiving and considering the statement of costs, the City Council shall hear and pass upon the statement together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Council may make any such revision, correction, or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. Such hearing may be continued from time to time. The decision of the City Council shall be final.

(G) The provisions of this section shall also apply to any responsible person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for recurrence of the nuisance or violation.

(H) In any action or proceeding involving a violation of any provision of this subchapter, the City Attorney, in his or her sole discretion and as part of settlement negotiations, may reduce, eliminate, or waive any fines, fees, penalties, or interest incurred pursuant to this subchapter. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal.

roceeding involving a violation of any provision of this subchapter, the City Attorney, in his or her sole discretion and as part of settlement negotiations, may reduce, eliminate, or waive any fines, fees, penalties, or interest incurred pursuant to this subchapter. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal.

(I) Moneys due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Cal. Government Code §§ 39574 et seq. relating to weed abatement assessments. (Prior Code, § 1511) (Ord. 19-08, passed 7-15-2019)

(A) (1) This section is adopted pursuant to the authority set forth in Cal. Government Code § 39502 in order to provide for the removal of all weeds, rubbish, and other materials dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity and to make the cost of removal a lien upon the property owner.

(2) In addition to other procedures for the abatement of weeds, grass, and rubbish, the city hereby adopts the procedures contained in Cal. Health and Safety Code §§ 14875 through 14922 as its alternative weed abatement procedure.

(B) In accordance with the terms of the joint powers agreement which deems the Five Cities Fire Authority to be the Fire Department for the city, the Five Cities Fire Authority is hereby authorized to hold all hearings, issue all notices, and take all necessary actions to implement and enforce the weed abatement procedures contained in Cal. Health and Safety Code §§ 14875 et seq.

(Prior Code, § 6700) (Ord. 14-03, passed 4-7-2014)

Nothing in this subchapter shall be deemed to prevent the city from commencing a criminal action, civil action, or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this subchapter. (Prior Code, § 1512) (Ord. 19-08, passed 7-15-2019)

NOISE STANDARDS

(A) This subchapter establishes standards for acceptable exterior and interior noise levels and vibrations. It also establishes how noise is measured. These standards are intended to protect persons from excessive noise levels.

(B) It is unlawful for any person willfully to make or continue to make, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

(C) The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

• (1) The level of the noise;

• (2) The intensity of the noise;

• (3) Whether the nature of the noise is usual or unusual;

• (4) Whether the origin of the noise is natural or unnatural;

• (5) The proximity of the noise to residential areas;

• (6) The density of the residential occupancy of the area within which the noise emanates;

• (7) The time of the day or night the noise occurs;

• (8) The duration of the noise;

• (9) Whether the noise is recurrent, intermittent, constant; or

• (10) Whether the noise is produced by commercial or noncommercial activity.

(Prior Code, § 3120) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

It is unlawful within a residential zone, or within a radius of 500 feet therefrom, for any person to operate equipment or perform any outside construction or repair work on buildings, structures, or other projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device, other than between the hours of 7:00 a.m. and 7:00 p.m., Mondays through Fridays inclusive, or between the hours of 8:00 a.m. through 5:00 p.m., Saturdays and Sundays, unless a permit shall first be obtained from the Community Development Director, or his or her designee. The permit shall be issued by the Community Development Director, or his or her designee, only if it is determined that the operation during hours not otherwise permitted hereunder is necessary and will not result in unreasonable disturbance to surrounding residents. The provisions of this section shall not apply to repairs or improvements performed by a person to property owned or leased by him or her as long as the provisions of § 90.040 are complied with.

(Prior Code, § 3120.1) (Ord. 73-1, passed - -; Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

It is unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, hospital, church, or resthome (as defined in Chapter 152) while the same is in use, which noise unreasonably interferes with the workings of the institution or disturbs or unduly annoys the occupants thereof, provided that conspicuous signs are displayed indicating the presence of a school, hospital, church, or a resthome. (Prior Code, § 3120.2) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

(A) It is unlawful for any person to play, continue to play, or allow to be played any of the following from within or on any automobile, truck, or other motorized vehicle so that the sound or music emanating therefrom can be heard at a distance of more than 100 feet, unless the vehicle is a sound truck and the registration statement required by § 90.046 has been properly filed:

• (1) Radio;

• (2) Tape player;

• (3) Disc or compact disc “CD” player;

• (4) Record player; or

• (5) Electronic sound amplifying device or machine of any kind or nature.

(Prior Code, § 3120.3)

• (B) (1) A registration statement shall be filed in duplicate and shall state the following:

• (a) Name and home address of the applicant;

• (b) Address of place of business of applicant;

• (c) License number and motor number of each sound truck to be used by applicant;

• (d) Name and address of person who owns each sound truck to be used by applicant;

• (e) Name and address of person having direct charge of each sound truck to be used by applicant;

• (f) Names and addresses of all persons who will use or operate any sound truck;

• (g) The purpose for which the sound truck or trucks will be used;

• (h) A general statement as to the section or sections of the city in which each sound truck will be used;

• (i) The proposed hours of operation of each sound truck;

• (j) The number of days of proposed operation of each sound truck; and

• (k) A general description of the sound amplifying equipment which is to be used.

• (2) The maximum sound producing power of the sound amplifying equipment which is to be used in or on each sound truck should state the following:

• (a) The wattage to be used; and

• (b) The approximate maximum distance for which sound will be thrown from each sound truck.

(Prior Code, § 3102.2)

(C) All persons using or causing to be used any sound truck for noncommercial purposes shall amend any registration statement duly certified by the City Clerk as a correct copy of said application. Said certified copy of the application shall be in the possession of any person operating any sound truck at all times while the sound truck’s sound amplifying equipment is in operation and said copy shall be displayed and shown to any police officer of the city upon request.

• (D) Noncommercial use of sound trucks in the city with the sound amplifying equipment in operation shall be subject to the following regulations:

• (1) The only sounds permitted are music or human speech;

(2) Operations are permitted for three hours per day, except Saturdays, Sundays, and legal holidays when no operations are authorized. The permitted three-hour operation shall be between the hours of 11:00 a.m. and 5:00 p.m.;

(3) Sound amplifying equipment shall not be operated unless the sound truck on which such equipment is mounted is operated at a speed of at least ten mph, except when said truck is stopped or impeded by traffic. Where stopped by traffic, the sound amplifying equipment shall not be operated for longer than one minute at each such stop;

(4) Sound shall not be emitted within 100 yards of any hospital, school, church, courthouse, county building, or city building; and

(5) Use of sound amplifying equipment shall not be permitted if the intent thereof is to bring about personal contact with residents or occupants within the area in which the same is used.

(Prior Code, § 3102.4)

(Ord. 73-1, passed - -; Ord. 1, passed 12-28-1959; Ord. 76-16, passed 12-20-1976; Ord. 89-8, passed 8-7-1989; Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

(A) Purpose. The City Council finds and determines that parties, gatherings, and/or events on private or public property can constitute a threat to the peace, health, safety, or general welfare of the public. Officers have been required to make many return calls to parties, gatherings, or events in order to abate the violations or, if necessary, disperse uncooperative and unruly participants. The return calls drain staffing and resources of the Police Department and can leave other areas of the city without minimal levels of police protection so as to create a significant hazard to the safety of citizens and police officers.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

EVENT. A noise disturbance that constitutes a threat to the public peace, health, safety, or general welfare of the public.

PARTY. A party, gathering, or other assembly of persons for a social occasion or activity.

PERSON RESPONSIBLE FOR THE PARTY OR EVENT.

(a) Any of the following:

1. The person or persons who own the property where the party or event takes place if the person or persons have been mailed or distributed a previous written notice from the Police Department within the previous 12 months of the party or event taking place;

2. The person or persons in charge of the premises where the party or event takes place;

3. The person or persons authorizing the use of the premises for the party or event; and/or

4. The person or persons who organize the party or event.

(b) Each of the above shall be jointly and severally liable for the police services fee except where the person responsible for the event is a minor, in which case the parents or guardians of that minor shall be jointly and severally liable for the police services fee.

POLICE SERVICES FEE. All costs of personnel and equipment for the amount of time actually spent in responding to or in remaining at a party or event including, but not limited to, the salaries of the police personnel, the actual cost of any medical treatment to injured officers, the cost of repairing any damaged police or city equipment or property, administrative processing fees, costs associated with recovering the police services fees, costs incurred by a collection agency, and the overhead and administrative costs related to all of the foregoing.

SECOND POLICE RESPONSE. Either:

(a) A police response to the location of a party or event made within 48 hours after the distribution of a written warning to the person(s) responsible for the party or event (as such term is defined in divisions (b) through (d) above

under the definition of PERSON herein) notifying the person(s) that the party or event is in violation of the law; or (b) A police response to the location of a party or event made within 12 months after the mailing or delivery of a written warning to the person(s) responsible for the party or event (as such term is defined in division (a) above under the definition of PERSON herein) notifying the person(s) that the property has been the site of a party or event that was in violation of the law.

• (C) Police response at parties, gatherings, or events requiring more than one response.

• (1) A police services fee may be imposed when:

(a) A police officer at the scene of a party has given written notice to the person responsible for the party or event that such party or event violates the law; and

(b) A second police response is required to control the threat to public peace, health, safety, and welfare and to disperse the party or event.

(2) The provisions of this subchapter are in addition to the authority of the police to regulate parties and events and shall supplement, and not supplant, the exercise of any other available law including, but not limited to, arrest or citation pursuant to the state’s Penal Code or any other applicable law, code, or ordinance.

(D) Police services fees.

(1) The person responsible for the party or event for which a second and/or subsequent police response is dispatched shall be liable for a police services fee to defray the reasonable costs of providing the subsequent police response.

(2) The amount of such fee shall be a debt to the city of the person(s) responsible for the event receiving the police services and, if minors, their parents or guardians. Any person owing money shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorney’s fees.

• (E) Billing.

(1) The Chief of Police, or his or her designee, shall thereafter cause appropriate billings to be made.

(2) After an attempt to collect the debt by the city to no avail, the debt may be turned over to a collection agency. Collection fees charged by the collection agency will be added to the debt.

• (F) Appeal.

(1) Any person receiving a bill for police services provided pursuant to this subchapter may, within 15 days after the bill was sent, file a written request with the Police Department appealing the police services imposed. Any appeal regarding the billing shall be heard by a supervisor of the Police Department as designated by the Chief of Police.

(2) After a request for appeal is filed, the city shall withhold collection of the bill until conclusion of the appeal. (3) If, after a hearing before a supervisor, the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days.

(Prior Code, § 3120.4) (Ord. 04-07, passed 5-2-2004)

The words SOUND AMPLIFYING EQUIPMENT as used herein shall mean any machine or device for the amplification of the human voice, music, or any other sound. SOUND AMPLIFYING EQUIPMENT as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns, or other warning devices on other vehicles used only for traffic safety purposes.

(Prior Code, § 3120.5) (73-1, passed - -; Ord. 04-07, passed 5-2-2004)

No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for any noncommercial purpose in the city without filing a registration statement with the City Clerk in writing. (Prior Code, § 3120.6) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

(A) It shall be unlawful for any person to willfully or negligently make any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area.

(B) For the purpose of evaluating conformance with the standards of this subchapter, noise levels shall be measured as follows.

(1) Use of meter. Any noise measurement made pursuant to the provisions of this subchapter shall be made with a sound level meter using the A-weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data.

(2) Measuring exterior noise levels. Except as otherwise provided in this subchapter, exterior noise levels shall be measured at the property line of the affected noise-sensitive land use listed in this section. Where practical, the microphone shall be positioned three to five feet above the ground and away from reflective surfaces.

(3) Measuring interior noise levels. Interior noise levels shall be measured within the affected residential use listed in § 90.049 at points at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.

(4) Commercial areas bordering residential area. The measurement from the residential area towards the commercial shall be held to the residential standard.

(Prior Code, § 3120.7) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

(A) Maximum permissible sound levels at receiving land use.

(1) No person shall permit any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by the person, which causes the noise level to exceed the noise standard for that land use as specified in Table 1 of division (B) below.

(2) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dBA shall apply.

(3) If possible, the ambient noise should be measured at the same location along the property line utilized in this section, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise may be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten dBA below the ambient in order that only the ambient level be measured.

(4) If the difference between the ambient plus the noise source and noise source is five to ten dBA, then the level of the source itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

(B) Correction for character of sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table 1 of this section shall be reduced by five dBA.

(C) Correction for character of sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 of division (B) above shall be reduced by five dBA.

(Prior Code, § 3120.8) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

The interior noise standards for residential dwellings as presented in Table 1 of this section shall apply.

(Prior Code, § 3120.9) (Ord. 04-07, passed 5-2-2004)

(A) Noise disturbances prohibited. No person shall make, cause to be made, permit, or allow to be made any noise disturbance in such a manner as to be plainly audible at a distance of 50 feet from the noisemaker.

(B) Specific prohibitions. The acts, as set forth in divisions (B)(1) through (B)(8) below, and the causing or permitting thereof, are declared to be in violation of this subchapter:

(1) Radios, television sets, musical instruments, loud speakers, and similar devices. Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in excess of the sound levels described in this subchapter. In such manner as to exceed the levels set forth in Table 1 of § 90.048 (B), measured at a distance of at least 50 feet or 15 meters from such device operating on a public right-of-way or public space;

(2) Street sales. Offering for sale, selling anything, or advertising by shouting or outcry within the city limits. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed or permitted public entertainment events;

(3) Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. daily in such a manner as to cause a noise disturbance in the city limits which violates the provisions of § 90.048 ;

(4) Construction/demolition.

(a) Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between the hours of 10:00 p.m. and 7:00 a.m. daily therefrom creates a noise disturbance in the city limits except for emergency work of public service utilities or by exception issued by the noise control officer.

(b) Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule.

(c) Maximum noise levels for non-scheduled, intermittent, short-term operation (less than ten days at a time) of mobile equipment:

(5) Domestic power tools, machinery.

(a) Operating or permitting the operation of any mechanically-powered saw, sander, drill, grinder, lawn, or garden tool or similar tool between 10:00 p.m. and 7:00 a.m., so as to create a noise disturbance across a residential or commercial real property line.

(b) Any motor, machinery, pump, such as swimming pool equipment, and the like shall be sufficiently enclosed or muffled and maintained so as to not create a noise disturbance in accordance with § 90.048 .

(6) Stationary equipment.

(a) Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment.

(b) All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-take silencers in proper working order.

(7) Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property, or at 150 feet or 46 meters from the source if on a public space or public right-of-way;

(8) Powered model vehicles. Operating or permitting the operation of powered model vehicles:

(a) Between the hours of 10:00 p.m. and 7:00 a.m. so as to create a noise disturbance across a residential and visitor-serving commercial real property line or at any time to violate the provisions of § 90.048 ; and/or

(b) In such a manner as to exceed the levels set forth in Table 1 of § 90.048 (B) measured at a distance not less than 100 feet from any point on the path of a vehicle operating on public space or public right-of-way.

(9) Residential air-conditioning or air-handling equipment. Operating or permitting the operation of any airconditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:

Units Installed Before 6/1/04

Units Installed On or After 6/1/04

(Prior Code, § 3120.10) (Ord. 04-07, passed 5-2-2004) Penalty, see § 10.99

(A) Exceptions to noise standards. The standards of this subchapter are not applicable to noise from the following sources:

(1) Public activities conducted in public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(2) The use of any mechanical device, apparatus, or equipment related to or connected with emergency activities or emergency work to protect life or property;

• (3) Safety signals, warning devices, and emergency pressure relief valves;

(4) Noise sources associated with work performed by the city or private or public utilities in the maintenance or modification of city or public utility facilities;

• (5) Noise sources associated with the collection of waste or garbage;

• (6) Any activity preempted by state or federal law;

• (7) City-sponsored events; and

• (8) Agricultural activities.

(Prior Code, § 3120.11)

• (B) Other exceptions; appeals.

(1) Special exceptions.

(a) The Public Works Division is authorized to grant exceptions from any provision of this subchapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the noise control officer(s) determines are appropriate, and will not affect the public health, safety, and welfare from the noise emanating therefrom. In emergency situations or on weekends, the Chief of Police, or his or her designee, may issue an emergency exception to be confirmed by the Building Division during normal working hours.

(b) 1. Any person seeking an exception pursuant to this section for construction-related noise shall file an application with the Community Development Director, or his or her designee. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, the community, or on other persons.

2. The application shall be accompanied by a fee as set forth in the Master Fee Schedule and amended from time to time. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Any individual that claims to be adversely affected by allowance of the exception may file a statement

with the Community Development Director, or his or her designee, containing any information to support said claim. (If at any time the Community Development Director, or his or her designee, finds that a sufficient controversy exists regarding an application, a public hearing will be scheduled before the City Council.)

• (c) 1. In determining whether to grant or deny the application, the Community Development Director, or his or her designee, shall consider denial of the application as a hardship on the applicant against:

• a. The potential adverse impact on the health, safety, and welfare of other persons affected;

• b. The adverse impact on property affected; and

• c. Any other adverse impacts of granting the exception.

2. Applicants for exceptions and persons contesting exceptions shall be required to submit the information as the Community Development Director, or his or her designee, may reasonably require.

3. In granting or denying an application, the Community Development Director, or his or her designee, shall keep on file a public copy of the decision and the reasons for denying or granting the exception.

(d) 1. Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a timeframe on the permitted activity.

2. The exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception.

• (2) Appeals.

(a) Appeals of a decision under this section of the Community Development Director, or his or her designee, shall be made to the City Council.

(b) Appeals of a decision under this section of the Police Department’s noise control officer(s) shall be made to the Police Lieutenant, then to the Chief of Police. Decisions of the Chief of Police may be appealed to the City Council.

(Prior Code, § 3120.12) (Ord. 04-07, passed 5-2-2004)

REMOVAL OF TREES

Any tree or any part thereof which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or not the tree is on any private property and overhangs or projects into any street or might fall in or across a street, or is in any street, park, parkway, or other public grounds within the city, is a nuisance. (Prior Code, § 6200) (Ord. 121, passed 5-3-1971)

(A) Notice of dangerous trees. When, in the opinion of the Superintendent of Public Works, any tree growing on private property within the city appears to be dead, is liable to fall, is dangerous, or is an obstruction to public travel or constitutes immediate danger to public streets or public places, the Superintendent of Public Works shall give ten days’ notice in writing to the owner or agent of the owner of the land on which the tree is situated to remove or trim such tree.

(Prior Code, § 6201)

(B) Service of notice. Notice may be given either in person or by mailing a notice in a sealed envelope with postage prepaid by certified or registered mail to said owner, or his or her agent, at the last known address of said owner, or his or her agent. The service is complete at the time of deposit for mailing. (Prior Code, § 6202)

• (C) Appeal from notice by Superintendent of Public Works.

(1) Any person aggrieved by any act or determination of the Superintendent of Public Works may, after the service of any such notice have the right within ten days to appeal to the City Council, by demanding a hearing before said City Council.

(2) Such appeal shall be in writing and the decision of the City Council after public hearing of said matter shall be final and conclusive.

(3) Any such decision of the City Council approving the removal or trimming of any tree shall be in writing. (Prior Code, § 6203)

(Ord. 121, passed 5-3-1971)

In the event any owner of private property fails to remove or trim any such trees within ten days after receiving notice from the Superintendent of Public Works or within three days after the City Council has denied any appeal from the decision of the Superintendent of Public Works, the Superintendent of Public Works may then remove or trim any such tree and assess the cost against the owner.

(Prior Code, § 6204) (Ord. 121, passed 5-3-1971)

Whenever, pursuant to this subchapter, the Superintendent of Public Works removes or trims any trees, the cost of such removal or trimming shall be assessed against the property owner. Such costs shall become a lien on the property and may be collected by court action.

(Prior Code, § 6205) (Ord. 121, passed 5-3-1971

Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his or her property or under his or her control in such a condition as to prevent it from constituting a public or private nuisance. (Prior Code, § 6206) (Ord. 121, passed 5-3-1971)

HAZARDOUS WASTE, SUBSTANCE SPILLS

The purpose of this subchapter is to establish liability for reimbursement of the city’s expenses incurred in connection with corrective and/or mitigation actions necessitated by violations of the hazardous waste and substance control laws. The authority for this subchapter includes the general police power; the provisions of Cal. Government Code Title 4, Div. 3, Pt. 2, Ch. 10, Art. 6, (commencing with § 38771); Cal. Civil Code §§ 3479 and 3494; Cal. Health and Safety Code § 101325 (hereinafter the state’s Health and Safety Code), and the provisions of Cal. Health and Safety Code Chapter 6.5 (commencing with § 25100) of Division 20. (Prior Code, § 6601) (Ord. 92-3, passed 5-18-1992)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

CITY. The City of Grover Beach, California.

CORRECTIVE ACTION. Includes, without limitation, any “remedial action” within the meaning of Cal. Health and Safety Code § 78125 and any “removal” within the meaning of Cal. Health and Safety Code § 78135. DISPOSAL. The meaning assigned to that term by Cal. Health and Safety Code § 25113.

HAZARDOUS WASTE AND SUBSTANCE CONTROL LAWS. Cal. Health and Safety Code Chapter 6.5 (commencing with § 25100) or Chapter 6.7 (commencing with § 25280) of Division 20, or any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to such chapters.

HAZARDOUS WASTE OR SUBSTANCE. 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 Cal. Health and Safety Code § 25122.7, or a waste or substance as defined in Cal. Health and Safety Code §§ 25281, 78075, or 25400.

MITIGATION. The meaning of any actions taken to remove persons from an area deemed hazardous, relocation of those persons, and the continued actions to prevent unauthorized entry to the hazardous area.

PERSON. The meaning assigned to that term by Cal. Health and Safety Code § 25118. RELEASE. The meaning assigned to that term by Cal. Health and Safety Code § 78105. UNAUTHORIZED DISPOSAL or RELEASE. Any disposal of a hazardous waste or substance which is in violation of the provisions of Cal. Health and Safety Code Chapter 6.5 (commencing with § 25100), any unauthorized release within the meaning of Cal. Health and Safety Code § 25281, or any release of a hazardous waste or substance which is not a release authorized or permitted within the meaning of Cal. Health and Safety Code § 78110. (Prior Code, § 6602) (Ord. 92-3, passed 5-18-1992)

(A) Liability for unauthorized disposal or release. If the city takes any corrective action which, in the judgment of either the City Manager, or his or her 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:

(1) The person or persons whose negligent or willful act or omission proximately caused such disposal or release;

(2) 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

(3) 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. (Prior Code, § 6603)

(B) Liability for failure to comply with orders.

(1) If the City Manager, or his or her 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 and time specified in the order, the city may take or contract for the taking of such corrective action.

(2) 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 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 cost of supervising such corrective action or otherwise verifying compliance with the order.

(Prior Code, § 6604)

(Ord. 92-3, passed 5-18-1992)

The costs referred to in § 90.082 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, all costs of recovery of funds, and any other costs or fees set by resolution.

(Prior Code, § 6605) (Ord. 92-3, passed 5-18-1992)

Where real property is not the subject of the enforcement, the amount of such costs for which liability is imposed, pursuant to this subchapter, 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 Cal. Health and Safety Code Part 2 (commencing with § 78000) of Division 45 shall be credited against any amount recoverable in such civil action.

(Prior Code, § 6606) (Ord. 92-3, passed 5-18-1992)

The following procedure shall apply concerning the levy, collection, and enforcement of a special assessment for the recovery of costs as provided by § 90.083 .

(A) On or before June 1 of each year, the Finance Director, or his or her appointed officer, shall give notice to each real property owner to be levied by causing personal service to be made upon the owner, agent, or person in control of the subject real property, or by depositing such notice in the U.S. mail, postage prepaid, addressed to the owner of the subject real property, at the address shown by the last equalized assessment roll. The notice shall bear the date of personal service or mailing and shall set forth the rights and procedures governing a request for hearing as provided for herein.

(B) Within ten days of the date of the notice, the owner or any other person interested in the subject real property may request a hearing on the correct amount of the proposed assessment. Such request shall be in writing and shall state the objections, name, and address of the person filing the request. The request shall be filed with the City Manager’s office.

(C) If a hearing is requested, notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the party requesting the hearing. The hearing shall be conducted by the City Manager who shall not be limited by the technical rules of evidence and shall hear all facts and testimony he or she deems pertinent. The decision of the City Manager is a final order.

(D) Any interested party may appeal the decision of the City Manager by filing a written notice of appeal with said Director within five days after his or her decision. Such appeal shall be heard by the City Council which may affirm, modify, or reverse the order or take other action it deems appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant, by registered mail, at least ten days before the hearing. In conducting the hearing, the Council shall not be limited by the technical rules of evidence.

(E) On or before July of each year, the City Manager, or his or his appointed officer, shall prepare a list of parcels of real property which are subject to such costs. On or before July 15 of each year, the City Manager, or his or her appointed officer, shall transmit such list to the County Auditor and request the Auditor to enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll.

(F) The assessment shall be included on the bills for taxes levied against respective lots and parcels of real property, and such assessment shall be listed separately on the tax bill. Thereafter, the amounts of such assessment

shall be collected at the same time and in the same manner as county taxes are collected.

(G) The county may deduct its reasonable costs incurred for its services in connection with such collection before remittal of the balance to the City Treasury.

(H) All laws applicable to the levy, collection, and enforcement of county taxes are applicable to such special assessment made pursuant to this subchapter.

(Prior Code, § 6607) (Ord. 92-3, passed 5-18-1992)