San Diego Municipal Code Div. 7 Investigation and Cleanup of Contaminated Property

(“Investigation and Cleanup of Contaminated Property” added 12–9–2002 by O–19130 N.S.)

The Council of the City of San Diego finds and declares that:

(a) Abandoned, underused, or blighted properties which may be adversely
affected by hazardous material contamination exist within the City.

(b) Property within the City containing hazardous material is a public nuisance.

(c) The City desires to encourage remediation of these properties both to address
the public health and safety and environmental concerns they may pose and to
encourage the transformation of such properties into developable properties
that contribute services, jobs, and other benefits to the City.

(d) The City endorses the use of the Act for the above purposes.

(e) The City has determined that it is in the best interests of the City to implement
and enforce the Act and to designate the City Manager or designee as the City
office responsible for implementing and enforcing the Act.
(“Findings” added 12-9-2002 by O-19130 N.S.)

It is the purpose of this Division to implement and enforce the Act, as currently constituted and as may be amended from time to time, and to designate the City Manager or designee as the City office responsible for implementing and enforcing the Act. (“Purpose” added 12-9-2002 by O-19130 N.S.)

All defined terms in this Division appear in italics. The definitions found in the Act, as currently constituted and as may be amended from time to time, shall be applicable to this Division. To the extent not defined therein, the words and phrases in this Division have the meanings set forth in this section.

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (12-2002)

“Act” means the California Land Environmental Restoration and Reuse Act located at California Health and Safety Code sections 25401-25402.3 and sections 57008-57010, as constituted on October 11, 2001 and as may be amended from time to time.

“Enforcement official” has the same meaning as that in Municipal Code section 11.0210.

“Hazardous material” has the same meaning as that in California Health and Safety Code section 25401.1(b).

“Local agency” has the same meaning as that in California Health and Safety Code section 25401.1(c).

“Oversight agency” has the same meaning as that in California Health and Safety Code section 25401.1(d).

“Person” has the same meaning as that in California Health and Safety Code section 25401.1(e).

“Properties” or “Property” has the same meaning as that in California Health and Safety Code section 25401.1(h).

“Public nuisance” has the same meaning as that in Municipal Code section 11.0210.

“Remedial action” has the same meaning as that in California Health and Safety Code section 25401.1(k). (“Definitions” added 12-9-2002 by O-19130 N.S.)

For purposes of satisfying the requirements of the Act, the City Council hereby designates the City Manager or designee as the City office responsible for implementing and enforcing the Act. (“Designation of Local Agency” added 12-9-2002 by O-19130 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (12-2002)

The City Manager or designee is hereby authorized to implement and enforce the provisions of the Act and this Division. The City Manager or anyone designated by the City Manager to be an enforcement official may exercise any enforcement powers provided in Division 1, Article 2, Chapter I, of this Code. (“Enforcement Authority” added 12-9-2002 by O-19130 N.S.)

This Division and the Act shall be applicable within the city limits of the City of San Diego. (“Geographical Boundaries” added 12-9-2002 by O-19130 N.S.)

The City Manager or designee is authorized to take any and all actions which are authorized by the Act and are in compliance with all laws, ordinances, and regulations of the City of San Diego. (“Authorized Actions” added 12-9-2002 by O-19130 N.S.)

The City Manager is authorized to enter into agreements with one or more oversight agencies, selected in accordance with the Act. These agreements are intended to provide for review, oversight, and related activities as required under the Act, and for cost reimbursement to such oversight agencies. (“Authority to Enter Into Agreement With Oversight Agency” added 12-9-2002 by O- 19130 N.S.)

A remedial action pursuant to the Act may only be initiated after the San Diego City Council, by resolution adopted by a majority vote:

(a) approves the remedial action;

(b) affirms the finding set forth in the Act at section 25401.4(j)(3); and

(c) makes one or both of the findings set forth in the Act at section 25401.7(a)(1).

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (12-2002)

In addition, notice must be given to the property owner or operator pursuant to section 25401.7(b)(1) of the Act prior to initiating a remedial action. (“Council Approval of Remedial Actions” added 12-9-2002 by O-19130 N.S.)

It is unlawful for any person to violate any provision of this Division which includes all provisions of the Act. (“Violations” added 12-9-2002 by O-19130 N.S.)

Violations of the provisions of this Division and the Act may be prosecuted as misdemeanors subject to the fines and custody provided in Municipal Code section 12.0201. The City Manager or designee may also seek injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code section 12.0202 or pursue an administrative remedy provided in Chapter I of this Code. (“Enforcement Remedies” added 12-9-2002 by O-19130 N.S.)

Violations of the provisions of this Division and the Act shall be treated as strict liability offenses regardless of intent. (“Strict Liability Offenses”added 12-9-2002 by O-19130 N.S.)

Ch. Art. Div. 5 4 7 4

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2008)

Article 4: Public Hazards and Public Nuisances