Mission Viejo Municipal Code Div. 3 Placement of Pollutants and Objects Onto City Streets Prohibited

Footnotes:

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Editor's note— Ord. No. 2000-207, § 1, adopted January 2, 2001, amended and replaced in its entirety Division 3, which formerly pertained to obstructions and consisted of § 14.01.310, which pertained to clay or mud debris and derived from Ord. No. 88-12, § 5(6-1-56), 6-27-88.

Cross reference— Abandoned, wrecked, dismantled or inoperative vehicles, ch. 12.10.

(a) It shall be unlawful for the driver, registered owner, or person in control of a motor vehicle or equipment to place, park, or maintain such motor vehicle or equipment upon any road, street, public highway, public right-of-way, or public property if such vehicle or equipment leaks, discharges, or otherwise releases any pollutant including, but not limited to, motor oil, transmission oil, power steering oil, hydraulic oil, lubricants, other fluids from motor vehicles, animal wastes, or paint, onto the road, street, public highway, other public right-of-way or public property. It shall be unlawful for any person to discharge or otherwise cause the release of any pollutant on any road, street, public highway, public right-of-way, or public property.

(b) As used in this section:

(1) Discharge shall have the meaning set forth in section 6.65.110 of this Code; and

(2) Pollutant shall have the meaning set forth in section 6.65.110 of this Code.

(c) The director of public works has the right, but not the obligation, to clean any discharge or release of any pollutant upon a road, street, public highway, public right-of-way, or public property in violation of subsection (a) of this section and to repair or replace that portion of the road, street, public highway, public right-of-way, or public property affected by the discharge or release of the pollutant in violation of subsection (a) of this section. Following cleaning, repair, or replacement, the director shall prepare an invoice of the costs incurred by the city. The director shall submit such statement to the person responsible, his or her employer, employee, or agent. Such person, his or her employer, employee, or agent shall pay the invoice within 15 days of the date of the invoice.

(d) The city may bring an action against such person, his or her employer, employee, or agent to recover the costs incurred by the city and for the costs of suit.

(e) The city may bring an action to enjoin any continued violation of subsection (a) of this section.

(Ord. No. 2000-207, § 1, 1-2-01)

(a) It shall be unlawful for any person to place or maintain any object including, but not limited to, basketball hoops, skateboard ramps, and construction/building materials on any road, street, or public highway, public right-of-way, or public property. It shall not be a violation of this section to place or maintain upon any road, street, public highway, or public right-of-way:

(1) Any solid waste or recycling containers or bins authorized by and in accordance with the provisions of this Code;

(2) Any object necessary for the work or activity authorized by a duly issued encroachment permit pursuant to the provisions of this Code; or

(3) Any object required by police, fire, medical or tow service personnel necessary to providing service to an incident within their jurisdiction on a road, street, public highway, or public right-of-way.

(b) The director of public works has the right, but not the obligation, to remove any object on a road, street, public highway, or public right-of-way without notice to the owner or person in control of the object. Following removal of the object, the director shall prepare an invoice of the costs incurred in removing the object by the city. The director shall submit such statement to the person responsible, his or her employer, employee, or agent. Such person, his or her employer, employee, or agent shall pay the invoice within 15 days of the date of the invoice.

(c) The city may bring an action against such person, his or her employer, employee, or agent to recover the costs incurred by the city and for the costs of suit.

(d) The city may bring an action to enjoin any continued violation of subsection (a) of this section.

(Ord. No. 2000-207, § 1, 1-2-01)

(a) It shall be unlawful for any person to place, track, or otherwise deposit earth material, construction/building materials, or debris of any sort in any manner on any road, street, or public highway. It shall be unlawful for the owner of any property to allow earth material, construction/building materials, or debris to leave the property and be placed, tracked or otherwise deposited on any road, street, or public highway.

(b) The director of public works has the right, but not the obligation, to remove the earth material, construction/building material, or debris in violation of subsection (a) of this section. The director shall prepare an invoice of the costs incurred in removing the earth material or debris incurred by the city. The director shall submit such statement to the person responsible, the owner of the property from which the earth material, construction/building material, or debris originated, his or her employer, employee, or agent. Such person shall pay the invoice within 15 days of the date of the invoice.

(c) The city may bring an action against such person, his or her employer, employee, or agent to recover the costs inured the city and for the costs of suit.

(d) The city may bring an action to enjoin any continued violation of subsection (a) of this section.

(Ord. No. 2000-207, § 1, 1-2-01)

Editor's note— Section 2 of Ord. No. 97-171, adopted July 7, 1997, repealed § 14.01.320 in its entirety. Formerly, § 14.01.320 pertained to oil and petroleum and derived from § 5(6-1-57) of Ord. No. 88-12, adopted June 27, 1988.

Editor's note— Section 2 of Ord. No. 97-171, adopted July 7, 1997, repealed § 14.01.330 in its entirety. Formerly, § 14.01.330 pertained to oil and petroleum and derived from § 5(6-1-58) of Ord. No. 88-12, adopted June 27, 1988.