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 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.
(Ord. 1813 § 1, 1991)
For the purpose of this chapter, unless the context otherwise
requires:
means, in addition to the city of Monterey Park, any special
district governed by the city council of the city of Monterey Park.
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.
has the meaning assigned to that term by Section 25113 of
the Health and Safety Code.
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 Code of Regulations
or a waste or substance as defined in either Section 25281, Section
25316 or Section 25401 of the Health and Safety Code.
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.
has the meaning assigned to that term by Section 25320 and
Section 25321 of the Health and Safety Code.
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 25281 of the Health and Safety
Code, or any release of a hazardous waste or substance which is not
"a release authorized or permitted pursuant to State law" within the
meaning of Section 25326 of the Health and Safety Code.
has the meaning assigned to that term by Section 25118 of
the Health and Safety Code.
(Ord. 1813 § 1, 1991)
If the city takes any corrective action which, in the judgment
of either the city manager or his or her appointed officer, is reasonably
necessary to remedy or prevent an imminent danger to the public health,
domestic livestock, wildlife or the environment arising out of any
unauthorized disposal or release of any 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:
(1)
The
person or person whose negligent or willful act or omission proximately
caused such disposal or release;
(2)
The
person or persons who owned or had custody or control of the hazardous
waste or substance at the time of or immediately prior to such disposal
or release, without regard to fault or proximate cause; and
(3)
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.
(Ord. 1813 § 1, 1991)
If the city manager or his or 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 or before the date and time specified
in the order, the city may make 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 city's cost of supervising such corrective action or otherwise
verifying compliance with the order.
(Ord. 1813 § 1, 1991)
The costs referred to in Sections 3.60.030 and 3.60.040 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 of the city council.
(Ord. 1813 § 1, 1991)
(a)
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.
(b)
Where
real property is the subject of the enforcement, in addition to bringing
a civil action, and imposing fees or penalties as authorized by law,
the city may assess all costs for which liability is imposed pursuant
to this chapter directly against such real property.
(Ord. 1813 § 1, 1991)
The following procedure shall apply concerning the levy, collection and enforcement of a special assessment for the recovery of costs as provided by Section 3.60.060.
(1)
On
or before June 1st of each year, the director of management services
or his or 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.
(2)
Within
ten 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 management service.
(3)
If
a hearing is requested, notice of the hearing shall be mailed, by
registered mail, at least ten days before the hearing to the party
requesting the hearing. The hearing shall be conducted by the director
of management services who shall not be limited by the technical rules
of evidence and shall hear all facts and testimony he or she deems
pertinent. The decision of the director of management services is
a final order.
(4)
Any
interested party may appeal the decision of the director of management
services by filing a written notice of appeal with said director within
five days after his or 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 days before the hearing. In conducting
the hearing, the council shall not be limited by the technical rules
of evidence.
(5)
On
or before August 10th of each year, the city manager or his or her
appointed officer shall prepare a list of parcels of real property
which are subject to such costs, and shall transmit 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.
(6)
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.
(7)
Los
Angeles County may deduct its reasonable costs incurred for its service
in connection with such collection before remittal of the balance
to the city treasury.
(8)
All
laws applicable to the levy, collection and enforcement of county
taxes are applicable to such special assessment made pursuant to this
chapter.
(Ord. 1813 § 1, 1991)
