Soledad Municipal Code Ch. 13.36 Abatement

Discharges of wastewater in any manner in violation of this division or of any order issued by the city manager as authorized by this division is a public nuisance and shall be corrected or abated as directed by the city manager. Any person creating a public nuisance is subject to provisions of city codes or ordinances governing such nuisance.

(Prior code § 26-36-70)

Whenever a discharge of wastewater is in violation of this division, or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the city may petition the superior court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of the discharge.

(Prior code § 26-36-71)

When a discharge of wastes causes an obstruction, damage or any other impairment to city facilities, the city may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's sewer service charge.

(Prior code § 26-36-72)

In order to enforce this division, the city may correct any violation of division. The cost of the correction may be added to any sewer service charge payable by the person so violating this division or the owner or tenant of the property upon which the violation occurred, and the city shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The city may also petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this division.

(Prior code § 26-36-73)

Any person who intentionally or negligently violates any provision of this division (consisting of Chapters 13.12, 13.16, 13.20, 13.24, 13.28, 13.32 and this chapter) or any of the requirements or conditions set forth in any permit duly issued, or who discharges wastewater which causes pollution, is liable to the city for all expense, loss or damage it incurs by reason of the violation, including costs of engineering and technical services, and attorneys fees and other legal expenses. (Amended during 1986 codification; prior code § 26-36-74)

Any person violating this division is guilty of a misdemeanor.

(Prior code § 26-36-75)

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the city or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this division, is declared to be in violation of this division, and subject to the civil liabilities imposed under Section 13.36.050, or subject to prosecution and punishment under Section 13.36.060.

(Prior code § 26-36-76)

A. In order to effect its powers, the city may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any rule, regulation or this division is found to exist.

B. Prior to termination of service, however, the city council shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided. Such notice shall be mailed to the owner at the address shown on the records of the county assessor, or as known to the city clerk, and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reasons therefor and the date the city council shall hold a hearing upon such intended termination. Such hearing shall not be held less than ten days subsequent to the giving of notice as required in this division.

(Prior code § 26-36-77)