Salinas Municipal Code § 16-88 Liability for failure to comply with orders

The purpose of this article is to establish liability for reimbursement of the city's expenses incurred in connection with corrective action necessitated by violations of the hazardous waste and substance control laws. The authority for this article includes the general police power; the provisions of Article 6 of Chapter 10 of Part 2 of the Government Code (commencing with Section 38771 ); Sections 3479 and 3494 of the Civil Code; Section 510, et seq., of the Health and Safety Code; Section 13009.6 of the Health and Safety Code; and the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

(Ord. No. 2278 (NCS), § 3.)

For the purposes of this article, unless the context otherwise requires:

(a) "City" means, in addition to the city of Salinas, any other entity governed by the city council of the city of Salinas.

(b) "Corrective action" means and 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 which consists of material included in either the List of Chemical Names or the List of Common Names appearing in Section 66680 of Title 22 of the California Code of Regulations, a waste or substance which is hazardous according to the criteria set forth in Article 11 (commencing with Section 66693) of Chapter 30 of Division 4 of Title 22 of the California Code of Regulations, or a waste or substance as defined in either Section 25281, 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) "Manager" means the city manager, and his or her designated representatives, and the executive officer of any entity governed by the city council, and his or her designated representatives.

(g) "Person" has the meaning assigned to that term by Section 25118 of the Health and Safety Code.

(h) "Release" has the meaning assigned to that term by Sections 25320 and Section 25321 of the Health and Safety Code.

(i) "Unauthorized disposal or release" means any disposal of a hazardous waste or substance which is in 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 25281 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.

(Ord. No. 2278 (NCS), § 3.)

If the city takes any corrective action which, in the judgment of either the manager or his or her designee, is reasonably necessary to remedy of prevent 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 wilful act or omission proximately cause any 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;

(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; and

(d) The person or persons who own the property upon which the hazardous waste or substance has been disposed or released, without regard to fault or proximate cause.

(Ord. No. 2278 (NCS), § 3.)

If the manager or his or her designee issues a lawful order directing any person who has violated or who is in violation of any provision 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 any corrective action. If such corrective action is taken 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 city's costs of supervising such corrective action or otherwise verifying compliance with the order.

(Ord. No. 2278 (NCS), § 3.)

The costs referred to in Sections 16-87 and 16-88 of this article shall include, in addition to the city's direct out-of-pocket expenses, the cost of all city personnel and equipment engaged in such work, computed in accordance with the city's standard accounting procedures for computing hourly costs of services by such personnel and any other costs or fees set by ordinance or resolution.

(Ord. No. 2278 (NCS), § 3.)

All costs as computed by Section 16-89 shall constitute a lien against the real property and special assessment against the real property owned by a person liable under this article 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 in Section 16-89.2.

(Ord. No. 2278 (NCS), § 3.)

Where real property is not the subject of the enforcement, the amount of such costs for which liability is imposed pursuant to this article 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.

The following procedure shall apply concerning the levy, collection and enforcement of a special assessment for the recovery of costs as provided by Section 16-89.1.

(a) On or before June 1 of each year, the manager or his or her designee shall give notice to each real property owner to be levied against the amount of the assessment 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 United States Mail, postage prepaid, addressed to the owner of the subject real property, at the address shown by the last equalized assessment role. The notice shall bear the date of personal service or mailing and shall set forth the rights and procedures governing a request of hearing as provided for herein.

(b) Within ten days of the date of the notice, the owner or any 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, the basis for the objections, and the name and address of the person filing the request. The request shall be filed with the 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 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 manager is a final order.

(d) Any interested party may appeal the decision of the manager by filing a written notice of appeal with said manager within five days of the date of the 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) Before August of each year, the manager or his designee shall prepare a list of parcels of real property which are subject to such costs. On or before the first day of August of each year, the manager or his designee 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 role.

(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 of Monterey 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 assessments made pursuant to this article.

(Ord. No. 2278 (NCS), § 3.)