as used in this chapter means all phases, steps, or parts
of remediation and abatement of a hazardous material incident.
as used in this chapter means any substance defined by federal,
state, or local statutes or authorities to be a hazardous material,
hazardous substance, toxic material, or toxic substance. It includes
materials determined by the Fire Chief or his or her designee to be
hazardous.
as used in this chapter means any actual or threatened release
of a hazardous material.
as used in this chapter means any public official or employee
of the federal, state, or local government whose job duties include
a public safety component.
(2130, 1989; 2803 § 1, 2011)
All hazardous materials when released from or unsafely contained
in their designated container in such a fashion as to be detrimental
to the health, safety, or welfare of any person or to property, are
declared to be a public nuisance.
(2130, 1989; 2803 § 1, 2011)
Whenever any public safety official determines that hazardous
materials are present, a release has occurred, or is imminent, a cleanup
shall be initiated. The cleanup can be initiated by the property owner,
the City, or a private firm at the sole discretion of the public safety
official.
(2130, 1989; 2803 § 1, 2011)
A designated public safety official shall keep a record of all
costs incurred in connection with response, cleanup, disposal, and
directly related administration of cleanup of land or property. This
individual shall periodically submit the costs for each hazardous
materials incident to the City Council for confirmation. A notice
of assessment with a copy of a breakdown of costs shall be mailed
by regular mail to each person shown as property owner in the notice
as reflected in the last equalized assessment roll. The notice shall
state that objections to the assessment must be filed with the City
Clerk within 15 days from mailing and that if no objections are filed,
the property will be assessed for the amount indicated without hearing
or further notice.
(2130, 1989; 2803 § 1, 2011)
Within 15 days from the mailing of the notice of assessment,
any objection to the costs incurred shall be heard by City Council.
The City Council shall determine the total amount to be charged. If
no objections are filed, the property shall be assessed.
(2130, 1989; 2803 § 1, 2011)
A certified copy of the City Council's resolution establishing
the cost shall be forwarded to the County Auditor-Controller. The
amount of the assessment shall be collected at the same time and in
the same manner as ordinary municipal taxes. If delinquent, the amount
of the assessment shall be subject to the same penalties and the same
procedure for foreclosure as are provided for ordinary municipal taxes.
(2130, 1989; 2803 § 1, 2011)
The City Manager or his or her designee, without compliance
with formal contract bidding procedures, may enter into standby professional
emergency services agreements with qualified, licensed "HazMat" services
providers for emergency abatement of hazardous materials incidents.
Such providers shall be selected on the basis of quoted services rates,
qualifications, and availability.
(2130, 1989; 2803 § 1, 2011; 2911 § 8, 2019)
