West Sacramento Municipal Code Art. III Enforcement

In addition to any other provisions of this chapter, the following acts or omissions of the permittee, either before or after a permit is issued shall constitute a violation of this chapter.

A. Fraud, willful misrepresentation, or any false statement in applying for a new or renewed permit;

B. Fraud, willful misrepresentation, or any false statement in any report required by this chapter;

C. Failure to correct conditions constituting an unreasonable risk of an unauthorized release of hazardous materials within a reasonable time after notice from a governmental entity other than the city.

(Ord. 11-3 § 2)

A. Whenever the chief determines that a release or threatened release of hazardous materials exists within or in close proximity to any establishment or storage facility or part thereof, the chief is empowered to order the vacating or closing of such establishment, storage facility or part thereof, without a written notice or hearing, until the condition requiring such action has been abated.

B. Following any unauthorized release of any hazardous material at any establishment or storage facility within the city, including any establishment for which a permit has been obtained under this chapter, the chief is empowered to order any such establishment or storage facility secured from public and/or private access, including the ordering of the evacuation, closure or other isolation of any such establishment or storage facility so as to prevent any further public or private exposures to hazardous materials. The chief is also empowered to issue directives as to what monitoring must be done to assess the degree of contamination present and to evaluate what degree of clean-up shall be undertaken in order to assure safe reoccupancy of such establishments or storage facilities. The decision whether any such establishment or storage facility is safe for re-entry by the public following such order of the chief regarding evacuation, closures, etc., shall be made exclusively by the chief.

(Ord. 11-3 § 2)

The chief shall have the authority to enforce all provisions of this chapter. Pursuant to this authority the chief may take the following actions:

A. Serve written notice of violation requiring the correction of any violation of this chapter upon the permittee, property owner or operator of the establishment or storage facility that is the subject of the violation.

B. Perform or cause to be performed any remedial work necessary to abate the noncompliance, if in the judgment of the chief immediate action is necessary to remedy or prevent an imminent and substantial danger to the public health or the environment.

1. The permittee, property owner or operator of the establishment or storage facility that is the subject of the abatement action shall be strictly liable to the city for the reasonable cost actually incurred in taking the abatement action.

C. Refer the matter to the chief of police for commencement of summary abatement pursuant to Section 19.05.004 of the Municipal Code.

(Ord. 11-3 § 2)

A. The chief, after notice and hearing pursuant to Article IV of this chapter, may take the following enforcement actions against a permittee for any violation of this chapter.

1. Revoke the permit for the establishment or for a storage facility;

2. Suspend the permit for the establishment or for a storage facility for a period not to exceed six months;

3. Modify or add conditions to the permit;

4. Revoke the permit with no reapplication permitted for a specified period not to exceed five years.

B. If the enforcement actions enumerated in subsection (A)(1), (2), (3) or (4) can be limited to one or more storage facilities at an establishment, then the enforcement action taken shall be limited to those storage facilities.

C. The fire department shall forward to the city department of finance and any other city department involved in the issuance of such permit, written notice of any revocation.

(Ord. 11-3 § 2)

Within ten days of the hearing, the chief shall tender a written opinion, stating the findings upon which the decision is based and the action taken, if any. The decision of the chief may be appealed in the manner prescribed in Article IV, Section 8.18.490 and shall be so indicated in the opinion.

(Ord. 11-3 § 2)

The suspension, revocation or expiration of a permit issued under this chapter shall not prevent any proceedings to investigate such permit, any enforcement action against such permittee or any proceeding against such permittee.

(Ord. 11-3 § 2)

In the event that a permit issued under the provisions of this chapter is suspended or revoked, the permittee shall forward it to the fire department not later than the end of the third business day after notification of such suspension or revocation.

(Ord. 11-3 § 2)