Imperial County Municipal Code Ch. 8.74 Unauthorized Dumping of Waste Is a Public Nuisance

The board of supervisors of the County of Imperial has determined that:

A. Residents of Imperial County are burdened by the nuisances created in their neighborhoods by illegal dumping of trash, bulky items, and potentially hazardous materials in their neighborhoods;

B. Illegal dumping activities pose a danger to public health and safety, decrease property values, lower the quality of life, contribute to blight, and attract more illegal dumping;

C. Materials that are illegally dumped create a nesting area for rodents, insects, and other vermin while affecting the proper drainage of runoff, and making areas more susceptible to flooding when draining basins become clogged;

D. Illegal dumping activities also place an undue burden on the County of Imperial, for cleanup, public education, and enforcement costs.

(Ord. No. 1511, § 1, 10-20-15)

As used in this chapter, the following terms are defined as:

A. "Bulky item" means any discarded furniture, home or industrial appliance, abandoned vehicle, or a part of an abandoned vehicle.

B. "Hazardous material" means any waste as defined in California Health and Safety Code Section 25117, or as that statute may be amended or reenacted.

C. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including, but not limited to:

(1) Garbage;

(2) Trash;

(3) Refuse;

(4) Paper;

(5) Rubbish;

(6) Ashes;

(7) Industrial wastes;

(8) Demolition and construction wastes;

(9) Concrete debris;

(10) Dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste;

(11) Manure, vegetable or animal solid and semisolid wastes;

(12) Animal carcasses; and

(13) Other discarded solid and semisolid wastes.

D. "Illegal dumping" means:

(1) The willful throwing, dropping, placing, or depositing of a bulky item, hazardous material, or solid waste on public or private property not designated for that dumping or disposal purpose.

(2) Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to:

(a) Beverage containers and closures;

(b) Packaging and wrappers;

(c) Wastepaper;

(d) Newspapers; and

(e) Magazines.

(3) Illegal dumping does not include waste matter that escapes or is allowed to escape from a container, receptacle, package, or vehicle.

E. "Waste" means and incorporates the definitions of bulky items, hazardous material, and solid waste as they are contained in this section.

(Ord. No. 1511, § 1, 10-20-15)

A. Notwithstanding any other procedures of this Code, it is a public nuisance to dump or cause the dumping of any waste, without legal permission:

(1) On the right-of-way of any public highway, street, easement, or thoroughfare;

(2) Upon any public park;

(3) On private property;

(4) On any premises; or

(5) In any container.

B. A person shall be considered a "responsible party" as to the public nuisance if he or she:

(1) Causes or permits the activities specified in Section 8.74.030 to occur;

(2) Willfully maintains or permits the accumulation of waste that creates an unsanitary condition;

(3) Permits or encourages the accumulation or breeding of vectors; or

(4) Owns the property on which the waste has been illegally dumped, and has actively encouraged, knowingly allowed, or willfully maintained ignorance of the illegal dumping of such waste.

C. This section shall not apply to the following:

(1) The dumping of waste at facilities permitted to receive, temporarily store, separate, convert, dispose, or otherwise process the materials;

(2) Public property specifically designated to receive such waste;

(3) The incidental discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to:

(a) Beverage containers and closures;

(b) Packaging and wrappers;

(c) Wastepaper;

(d) Newspapers; and

(e) Magazines.

(4) Waste matter that escapes or is allowed to escape from a container, receptacle, package, or vehicle.

(Ord. No. 1511, § 1, 10-20-15)

A. In addition to any enforcement procedures or combination thereof, as a condition of compliance, a responsible party causing or maintaining the public nuisance pursuant to Section 8.74.030 shall be directed to remove or pay the cost of removal of any waste that the responsible party dumped or caused to be dumped upon public or private property.

(1) A responsible party may appeal an enforcement action and request an administrative hearing pursuant to Section 8.76.070 of this chapter.

(2) Nothing in this chapter shall be construed as limiting or superseding the ability to request a hearing pursuant to California Public Resources Code Section 44307.

B. Where a responsible party cannot be determined, then pursuant to California Public Resource Code Sections 40192 and 45005, the owner of the property on which the public nuisance is located may be directed to remove or pay the cost of removal of any waste illegally dumped.

(1) Non-responsible property owners may be eligible for assistance through federal, state, or local programs to assist in the removal or cost of removal of illegally dumped waste.

(2) A non-responsible property owner may request a hearing on an enforcement action pursuant to California Public Resources Code Section 44307.

C. Every day that waste is not removed pursuant to an order issued under this chapter shall constitute a separate and distinct violation of Section 8.74.030.

(Ord. No. 1511, § 1, 10-20-15)

A. Enforcement.

(1) The health officer, or any qualified designee of the health officer, shall have authority to issue notices of violation, administrative citations, cease and desist orders, or any other order or notice allowed by this Code or state law for violation of this chapter, and are designated as enforcement officers for the purposes of this chapter.

(2) The above authority shall be in conjunction with that authorized through federal, state, and local laws, and shall not supersede the authority of other persons or entities designated by such laws to enforce the provisions of this chapter, or other such relevant laws pertaining to the illegal dumping of waste.

B. Notices, citations, and orders pursuant to this chapter may include an administrative fine.

(1) Except where otherwise stated in this chapter, administrative fines issued pursuant to this section shall be in the amount of five hundred dollars ($500.00) for the first violation and one thousand dollars ($1,000.00) for every subsequent violation issued within the one year of the first violation.

(2) Any person found to be in violation of this chapter for the illegal dumping of commercial quantities of waste generated in the course of a trade, business, profession, or occupation in an amount equal to or in excess of one cubic yard, may be subject to an administrative fine of one thousand dollars ($1,000.00) for the first violation and three thousand dollars ($3,000.00) for every subsequent violation issued within one year of the first violation.

(Ord. No. 1511, § 1, 10-20-15)

The nuisance abatement procedures of Title 9 of this Code may be used for violations of this chapter.

(Ord. No. 1511, § 1, 10-20-15)

A. Within thirty (30) days of receiving a notice of violation, administrative citation, or cease and desist order for a violation of this chapter, a responsible party may make a written request to the health officer for an administrative appeal of the action.

B. The health officer may designate an administrative hearing officer who has not been directly involved in the subject action to hear the appeal.

C. The administrative hearing officer shall hear any relevant evidence regarding an alleged violation of this chapter.

D. Hearings. Hearings shall be held not more than sixty (60) days from the date of receipt of the request for the hearing, and shall be conducted in an informal manner consistent with due process of law.

(1) A hearing may be continued if the hearing officer deems such continuance to be necessary and proper.

(2) The failure of the responsible party to appear at the administrative hearing shall constitute a waiver of the right to appeal.

(3) Within fourteen (14) days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision, and order thereon, and shall give notice of the findings, decision, and order to the appellant in conformance with Section 1.08.030.D of this Code; service of such notice shall be by mail or hand delivery.

(Ord. No. 1511, § 1, 10-20-15)

If any provision of this chapter is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

(Ord. No. 1511, § 1, 10-20-15)