HomeMy WebLinkAbout10/03/1995, C-4 - ADOPTION OF A COST RECOVERY ORDINANCE N MEETING DATE:
city Of SAn WI$ OBISPO 10/3/95
COUNCIL AGENDA REPORT ITEM�l1M6E
FROM: Robert F. Neumann, Fire Chief PREPARED BY: Viv R. Dilts, V
Administrative Assistant
SUBJECT: Adoption of a Cost Recovery Ordinance
CAO RECOMMENDATION:
Give final passage to Ordinance No. 1283 which creates Chapter 8.32 amending Title 8 of the San
Luis Obispo Municipal Code for the purpose of the recovery of costs related to hazardous waste or
substance spills, releases and other incidents.
DISCUSSION:
On September 19, 1995, Council unanimously passed Ordinance No. 1283 (1995 Series) to print.
This ordinance would allow the City to recover the costs of response to, mitigation of, containment,
and disposal of hazardous materials resulting from spills, leaks or illegal disposal.
Ordinance No. 1283 (1995 Series) is now ready for final passage and will become effective thirty (30)
days after the date of its final passage.
ATTACHMENTS:
Ordinance No. 1283 (1995 Series)
ATTACHMENT #1
ORDINANCE NO. 1283 (1995 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
CALIFORNIA, ADDING CHAPTER 8.32 TO TITLE 8 OF
THE SAN LUIS OBISPO MUNICIPAL CODE PROVIDING FOR
THE RECOVERY OF COSTS RELATED TO HAZARDOUS
WASTE OR SUBSTANCE SPILLS, RELEASES AND OTHER INCIDENTS
WHEREAS, the City of San Luis Obispo is required to respond to complaints of
hazardous waste or substance spills, releases and other incidents; and
WHEREAS, such spills, releases and other incidents are a possibility within the City
limits owing to activities in the City relating to or using hazardous materials or waste
products; and
WHEREAS, such responses require the use of extra personnel, specialized equipment
and other additional costs; and
WHEREAS, Section 510 of the California Health and Safety Code expressly allows a
City to adopt an ordinance allowing the City to recover costs of any such response from
private persons associated with activities resulting in hazardous waste or substance spills,
releases or other incidents; and
WHEREAS, Sections 3479 and 3494 of the California Civil Code provide that such
spills, releases and other incidents which obstruct the free passage or use of any public street
or highway create a public nuisance which may be abated by the City of San Luis Obispo;
and
WHEREAS, the provisions of Article 6 of Chapter 10 of Part 2 of Division 3 of the
California Government Code (commencing with Section 38771) provide that a City Council
may declare by ordinance what constitutes a public nuisance and provide for the summary
abatement of such nuisance at the expense of the persons creating, causing, committing or
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maintaining it, and by ordinance may make the expense of abatement a lien against property
upon which it is maintained as well as a personal obligation against the property owner;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AS FOLLOWS:
SECTION 1. Chapter 8.32, Sections 8.32.010 through 8.32.080 shall be added to
Title 8 of the San Luis Obispo Municipal Code to read as follows:
CHAPTER 8.32 LIABILITY FOR COSTS OF
RESPONSE TO HAZARDOUS WASTE OR
SUBSTANCE SPILLS, RELEASES AND OTHER INCIDENTS
SECTION 8.32.010. Purpose and Authority.
The purpose of this Chapter 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 Chapter includes the City
Charter, the general police power; the provisions of Article 6 of Chapter 10 of Part 2 of the
California Government Code (commencing with Section 38771); Sections 3479 and 3494 of
the California Civil Code; Section 510 of the California Health and Safety Code, (hereinafter
"Health and Safety Code"), and the provisions of Chapter 6.5 (commencing with Section
25100) of Division 20 of the Health and Safety Code.
SECTION 8.32.020. Definitions.
For the purposes of this Chapter, unless the context otherwise requires:
a) "City" means the City of San Luis Obispo.
b) "Corrective action" 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
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and Safety Code.
d) "Hazardous waste or substance" means a waste or substance that consists of a
material listed in either the List of Chemical Names or the List of Common Names appearing
in Section 66680 of Title 22 of the California Administrative Code, a waste or substance as
defined in either Section 25280, 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) "Release" has the meaning assigned to that term by Section 25320 and Section
25321 of the Health and Safety Code.
g) "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 25280 of the Health and Safety Code, or any release of a hazardous
waste or substance which is not "a release authorized or permitted within the meaning of
Section 25326 of the Health and Safety Code.
h) "Person" has the meaning assigned to that term by Section 25118 of the Health
and Safety Code.
SECTION 8.32.030. Liability for Unauthorized Dispsal or Release.
If the City takes any corrective action which, in the judgment of either the City
Administrative Officer or his/her appointed officer, is reasonably necessary to remedy or
prevent an imminent substantial danger to the public health, domestic livestock, wildlife or
the environment arising out of any unauthorized disposal or release bf 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 willful act or omission proximately
caused 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; and
(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.
SECTION 8.32.040. Liabilily for Failure to Comply with Orders.
If the City Administrative Officer or his/her appointed officer issues a lawful order
directing any person who has violated or is in violation of any provisions 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 and time specified in
the order, the City may take or contract for the taking of such corrective action. If such
corrective action is taken by 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 cost of supervising such corrective action or otherwise verifying
compliance with the order.
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SECTION 8.32.050. Computation of Costs.
The costs referred to in Section 8.32.030 and Section 8.32.040 shall include, in
addition to the City's direct out-of-pocket expenses, the cost of all City personnel engaged in
such work computed in accordance with the City's standard accounting procedures for
computing the hourly cost of services by such personnel and any other costs or fees set by
resolution.
SECTION 8.32.060. Recovery of Costs Where Real Prod M is the Subject of
Enforcement.
All costs as computed by Section 8.32.050 shall constitute a lien against the real
property and special assessment against the real property owned by a person liable under this
Chapter 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 by Section 8.32.070.
SECTION 8.32.070. Recovery of Costs Where Real Pro�rty is Not the Subject of
Enforcement.
Where real property is not the subject of the enforcement, the amount of such costs
for which liability is imposed pursuant to this Chapter 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.
SECTION 8.32.080. LPvy Collection and Enforcement of Sial Assessment Jh=
Real Propgrty.
The. following procedure shall apply concerning the levy, collection, and enforcement
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of a special assessment for the recovery of costs as provided by Section 8.32.060.
a) On or before June 1st of each year, the Director of Finance or his/her appointed
officer shall give notice to each real property owner 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 roll. 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 (10) days of the date of the notice, the owner or any other 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, name
and address of the person filing the request. The request shall be filed with the Department
of Finance.
c) If a hearing is requested, notice of the hearing shall be mailed, by registered
mail, at least ten (10) days before the hearing, to the party requesting the hearing. The
hearing shall be conducted by the Director of Finance who shall not be limited by the
technical rules of evidence and shall hear all facts and testimony he/she deems pertinent.
The decision of the Director of Finance is a final order.
d) Any interested party may appeal the decision of the Director of Finance by filing
a written notice of appeal with the Director within five (5) days after his/her 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 appellant, by registered mail, at least ten (10) days before the
hearing. In conducting the hearing, the City Council shall not be limited by the technical
rules of evidence.
e) On or before July of each year, the City Administrative Officer or his/her
appointed officer shall prepare a list of parcels of real property which are subject to such
costs. On or before the tenth day of July of each year, the City Administrative Officer or
his/her appointed officer shall transmit, upon resolution and approval by City Council,
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
roll.
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) San Luis Obispo County 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 assessment made pursuant to this Chapter.
SECTION 2. Publication and Effective Date. A summary of this ordinance, approved by
the City Attorney, together with the votes for and against, shall be published once, at least
five days prior to its final passage, in the Telegram-Tribune, a newspaper published and
circulated in this City. This ordinance shall go into effect at the expiration of 30 days after
its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on this 19th day of September , 1995,
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on motion of Council Member Willi-%Wonded by Council Member, SmitlMd on the following
roll call vote:
Ayes.. Council Members Williams, Smith, Roalman, Romero and Mayor Settle
Noes: None
Absent: None
Mayor Allen Settle
ATTEST:
ity Jerk
APPROVED AS TO FORM:
i rn Jef orgensen
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