The purpose of this chapter is to establish procedures for obtaining
reimbursement from responsible persons for the expenses of any emergency
response by the City to protect the public from sewage spills and
other health and safety concerns related to sewage.
(Ord. 95-16)
In accordance with the
Health and Safety Code Section 4476, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section
1.08.030 of the City of Encinitas Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a public nuisance.
A person who acts negligently or in violation of the law and
thereby requires the City to provide an emergency response to a danger
posed by sewage and/or hazardous substances shall reimburse the City
for the costs incurred. If the person does not immediately correct
the cause and/or the resulting health and safety problem, then the
City is hereby authorized to correct the problem situation at the
person's expense.
City personnel involved in an emergency response shall submit
a report to the Public Works Director indicating:
B. The
person or entity apparently responsible for reimbursing the City and
the basis of the determination regarding responsibility.
If the matter is referred to the City Council for administrative
hearing, the City Council shall, by resolution:
A. Confirm
or disallow the charge, in full or in part;
B. Determine
the amount of the reimbursement owed by the party to the City; and
C. Direct
that the City commence collection proceedings against the party.