Title 8
HEALTH AND SAFETY
Chapters:
8.04 Food Establishments
8.08 Milk and Cream
8.12 Fireworks
8.16 Litter– Handbill Distribution
8.20 Dismantled, Junked or Wrecked Motor Vehicles
8.24 Collection and Disposal of Garbage, Rubbish, Waste Matter and Refuse
8.28 Noise Control
8.32 Recyclable Materials
8.36 Abatement of Public Nuisances
8.40 Water Waste
8.44 Tobacco Retailer Permit
8.48 Skateboard Parks
8.50 Weed and Flammable Waste Abatement
Chapter 8.04
FOOD ESTABLISHMENTS
Sections:
8.04.010 County environmental health code adopted.
8.04.020 County food establishment fee and permit ordinance adopted.
8.04.030 Violation– Penalty.
8.04.010 County environmental health code adopted.
The environmental health code of the county as set forth in its Ordinance No. 2413, adopted January 11, 1977, establishing health standards for restaurants, itinerant restaurants, local food vendors, caterers, food equipment, fresh water sports areas, water supplies, wells, chemical toilets and insect control, three (3) copies of which are on file with the city clerk, is adopted by reference as the environmental health code for the city.
(Ord. 244 § 2, 1978).
8.04.020 County food establishment fee and permit ordinance adopted.
Chapter 5 of the food establishment fee and permit ordinance of the county (Ordinance No. 2324), three (3) copies of which are on file with the city clerk, is adopted by reference as the food establishment fee and permit ordinance of the city.
(Ord. 244 § 3, 1978).
8.04.030 Violation– Penalty.
Any person, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for six (6) months, or by both such fine and imprisonment.
(Ord. 244 § 5, 1978).
Chapter 8.08 Sections:
8.08.010 Sale or distribution– Permit required.
8.08.020 Sale or distribution– Conformance to county milk ordinance required.
8.08.030 Grading requirements.
8.08.040 Enforcement authorized.
8.08.050 Violation– Penalty.
8.08.010 Sale or distribution– Permit required.
It is unlawful for any person, firm or corporation to sell, expose or offer for sale, within the city, any milk or cream unless such person, firm or corporation has first obtained a permit from the department of public health and welfare of the county, to sell, expose or offer for sale a specified grade or grades of milk or cream.
(Ord. 143 § 2, 1969).
8.08.020 Sale or distribution– Conformance to county milk ordinance required.
It is unlawful for any person, firm or corporation, or agent or employee of any person, firm or corporation, to sell, offer for sale, distribute or have in his or her possession, for sale or distribution, any milk or cream for human consumption, as milk or cream, unless it conforms to the requirements of the milk ordinance of the county, and amendments thereto, as far as applicable to the city, and to the standards of grading and to the requirements for production of milk or cream established by the Agricultural Code of California, and amendments thereto.
(Ord. 143 § 1, 1969).
8.08.030 Grading requirements.
All cream to be sold, offered for sale or distribution as market cream shall be graded as Grade A cream, with the name and address of the producer or original bottler on the bottle cap or container. Only Grade A cream or milk shall be used for the purpose of standardizing of Grade A milk. The class or grade of all cream received in bulk by any consumer, user or distributor shall appear plainly on or be attached to the container along with the name and address of the distributor, producer or shipper.
(Ord. 143 § 3, 1969).
8.08.040 Enforcement authorized.
The duly appointed milk and dairy inspector of the county is empowered to perform the functions of milk and dairy inspector within the city for the purpose of enforcing the provisions of this chapter.
(Ord. 143 § 4, 1969).
8.08.050 Violation-Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.
(Ord. 143 § 5, 1969).
Chapter 8.12 Sections:
8.12.010 Permit-Required.
8.12.020 Permit-Application.
8.12.030 Permit-Fee.
8.12.040 Stands-Location.
8.12.050 Stands-Construction requirements.
8.12.060 Stands-Floor area.
8.12.070 Stands-Exits.
8.12.080 Stands-Fire extinguishers.
8.12.090 Stands-Surrounding area to be free from weeds and combustible material.
8.12.100 Stands-Display of no-smoking signs.
8.12.110 Stands-Adult watchman required.
8.12.120 Stands-Hours of operation.
8.12.130 Stands-Removal of unsold stock.
8.12.140 Stands-Removal from location.
8.12.150 Violation-Penalty.
8.12.010 Permit-Required.
It is unlawful for any person to sell fireworks within the city without having first applied for and received a permit therefor.
(Ord. 68 § 1, 1964).
8.12.020 Permit-Application.
A. Applications for such permit shall be submitted to the city manager on a form prescribed by him and containing the following information:
1. The full name and address of the applicant and, if incorporated, the names and addresses of the officers thereof;
2. The proposed location of the fireworks stand applied for;
3. An assurance that if the permit is issued, the applicant shall, at the time of the receipt of such permit, deliver to the city manager a public liability and property damage insurance policy with a minimum of twenty-five thousand dollar ($25,000.00)/fifty thousand dollar ($50,000.00) public liability limits and ten thousand dollar ($10,000.00) property damage limits, with rider attached thereto designating the city as additional assured thereunder.
B. Applications shall be made on or before the fifteenth day of April of each year, except that in 1964, the last date for filing an application shall be April 24, 1964. The city manager shall notify the applicant of the granting or rejecting of such application on or before the first Monday in May of each year.
C. No permit shall be issued under this chapter to any person, firm or corporation except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civil betterment or charitable purposes.
D. Each such applicant must have its principal and permanent meeting place in the city and must have been organized and established in the city for a minimum of one (1) year continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members.
(Ord. 68 § 2, 1964).
8.12.030 Permit-Fee.
The fee for a permit for the sale of fireworks within the city shall be ten dollars ($10.00) per year per stand.
(Ord. 68 § 4, 1964).
8.12.040 Stands-Location.
No fireworks stand shall be located within twenty-five (25) feet of any other building, nor within fifty (50) feet of any gasoline station.
(Ord. 68 § 3(a), 1964).
8.12.050 Stands-Construction requirements.
Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the building inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.
(Ord. 68 § 3(b). 1964).
8.12.060 Stands-Floor area.
No stands shall have a floor area in excess of seven hundred fifty (750) square feet.
(Ord. 68 § 3(c), 1964).
8.12.070 Stands-Exits.
Each stand in excess of twenty (20) feet in length must have at least two (2) exits, and each stand in excess of forty (40) feet in length must have at least three (3) exits, spaced approximately an equal distance apart; provided, however, that in no case shall the distance between exits exceed twenty (20) feet.
(Ord. 68 § 3(d), 1964).
8.12.080 Stands-Fire extinguishers.
Each stand shall be provided with two (2), two and one-half (2 1/2) gallon soda and acid-type fire extinguishers, in good working order and easily accessible for use in case of a fire.
(Ord. 68 § 3 (e), 1964).
8.12.090 Stands-Surrounding area to be free from weeds and combustible material.
All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand.
(Ord. 68 § 3(f), 1964).
8.12.100 Stands-Display of no-smoking signs.
"No smoking" signs shall be prominently displayed on the fireworks stands.
(Ord. 68 \s; 3(g), 1964).
8.12.110 Stands-Adult watchman required.
Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks.
(Ord. 68 § 3(h), 1964).
8.12.120 Stands-Hours of operation.
The sale of fireworks shall not begin before twelve (12:00) noon of the twenty-eighth day of June and shall not continue after twelve (12:00) midnight on the fifth day of July.
(Ord. 68 § 3(i), 1964).
8.12.130 Stands-Removal of unsold stock.
All unsold stock and accompanying litter shall be removed from the location of the stand by twelve (12:00) noon on the sixth day of July.
(Ord. 68 § 3(j), 1964).
8.12.140 Stands-Removal from location.
The fireworks stand shall be removed from its temporary location by twelve (12:00) noon on the tenth day of July, and all accompanying litter shall be cleared from the premises by said time and date.
(Ord. 68 § 3(k), 1964).
8.12.150 Violation-Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Further, the permit under this chapter shall be revoked.
(Ord. 68 § 5, 1964).
Chapter 8.16 Sections:
8.16,010 Short title. 8.16,020 Definitions.
8.16.030 Placement of litter in receptacles to prevent scattering.
8.16.040 Throwing, depositing or distributing handbills in public places.
8.16.050 Name and address of distributor or sponsor required on handbills.
8.16.060 Owner of private property to maintain premises free of litter.
8.16.070 Removal from private property-Notice.
8.16.080 Removal from private property-City action upon noncompliance.
8.16.090 Removal from private property-Charge included in tax bill.
8.16.100 Removal from private property-Recorded statement constitutes lien.
8.16.110 Certain existing ordinances not affected.
8.16.120 Violation-Penalty.
8.16.010 Short title.
The ordinance codified in this chapter shall be known and may be cited as the "Brisbane antilitter ordinance."
(Ord. 39 § 1, 1962).
8.16.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number, and words in the masculine gender shall include the feminine and neuter genders. The word "shall" is always mandatory and not merely directory.
A. "Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. Aircraft includes helicopters and lighter-than-air dirigibles and balloons.
B. "Authorized private receptacle" means a litter storage and collection receptacle as may be authorized or required by ordinances of the city.
C. "City" means the city of Brisbane.
D. "Commercial handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which directs attention or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subdivision shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this subdivision shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of the state, or under any ordinance of the city; or
4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
E. "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
F. "Handbill distribution" is to protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and handbills during such absence.
G. "Litter" means garbage, refuse and rubbish as defined in this section, and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
H. "Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.
I. "Noncommercial handbill" means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
J. "Park" means a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
K. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
L. "Private premises" means any dwelling, house, building, or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure, and any vacant lot or other private property.
M. "Public place" means any and all streets, sidewalks, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
N. "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
O. "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
P. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Ord. 39 § 2, 1962).
8.16.030 Placement of litter in receptacles to prevent scattering.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon private property.
(Ord. 39 § 4, 1962).
8.16.040 Throwing, depositing or distributing handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(Ord. 39 § 10, 1962).
8.16.050 Name and address of distributor or sponsor required on handbills.
It is unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring the handbill shall also appear thereon.
(Ord. 39 § 16, 1962).
8.16.060 Owner of private property to maintain premises free of litter.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
(Ord. 39 § 20, 1962).
8.16.070 Removal from private property-Notice.
The city manager-clerk or his or her designee is authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall inform the owner or agent that should the litter not be removed as in the notice required, then it will be removed by the city and cost of the removal shall in accordance with this chapter be assessed as a lien on the property to be collected with the next regular tax bill. Such notice shall be by certified mail, addressed to the owner at his last known address, as revealed by the tax rolls, and such additional address as may be known by the city manager-clerk or his or her designee, and he or she shall post a copy of the notice or consent to be posted in a conspicuous place on the property to be cleared of litter.
(Ord. 381 § 1, 1992: Ord. 39 § 22(a), 1962).
8.16.080 Removal from private property-City action upon noncompliance.
Upon failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety and welfare within thirty (30) days after receipt of written notice provided for in Section 8.16.070, or within thirty (30) days after the date of such notice in the event the same is returned to the city manager-clerk or his or her designee because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, as provided in Section 8.16.070, or agent, the city manager-clerk or his or her designee is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.
(Ord. 381 § 2, 1992: Ord. 39 § 22(b), 1962).
8.16.090 Removal from private property-Charge included in tax bill.
When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per year from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner, and the charge shall be due and payable by the owner at the time of payment of such bill.
(Ord. 39 § 22(c), 1962).
8.16.100 Removal from private property-Recorded statement constitutes lien.
Where the full amount due the city is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in Sections 8.16.070 and 8.16.080, then, and in that case, the city manager-clerk or his or her designee shall cause to be recorded in the county recorder's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of six percent (6%) in the event same is not paid in full on or before the tax bill date upon which the charge appears to become delinquent. Sworn statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(Ord. 381 § 3, 1992: Ord. 39 § 22(d), 1962).
8.16.110 Certain existing ordinances not affected.
The ordinance codified in this chapter shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing solicitors, canvassers, hawkers, peddlers, transient merchants, or any person, using the public streets or places for any private business or enterprise, or for commercial sales, not covered in this chapter.
(Ord. 39 § 23, 1962).
8.16.120 Violation-Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section.
(Ord. 39 § 24, 1962).
Chapter 8.20 Sections:
8.20.010 Findings of fact-Nuisance declared.
8.20.020 Definitions.
8.20.030 Authority of chief of police to cause abatement.
8.20.040 Authority of franchisee to enter property for removal.
8.20.050 Notice to remove-Service-Form.
8.20.060 Abatement-Hearing-Request by owner-Notice.
8.20.070 Abatement-Hearing-Facts and testimony.
8.20.080 Abatement-Hearing-Findings and decisions of city manager.
8.20.090 Appeal of decision of city manager.
8.20.100 Removal as public nuisance.
8.20.110 Notification to Department of Motor Vehicles and Department of Justice.
8.20.120 Collection of administrative and removal costs.
8.20.130 Determination of administrative costs.
8.20.140 Violation deemed misdemeanor.
8.20.150 Exemptions.
8.20.160 Nonexclusive regulation.
8.20.170 Administration and enforcement.
8.20.010 Findings of fact-Nuisance declared.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property not including highways, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property not including highways, except as expressly permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 383 § 1(part), 1993: Ord. 164 § 1(part), 1971).
8.20.020 Definitions.
For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:
A. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
B. "Inoperative vehicle" means a vehicle which is not capable of being operated, or permitted to be operated, on the public streets and highways because of mechanical deficiencies or lack of current valid vehicle registration or license tags.
C. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the latest available county assessment roll.
D. "Owner of the vehicle" means the person shown on the records of the Department of Motor Vehicles as the registered owner of the motor vehicle.
E. "Vehicle" means a device by which a person or property may be propelled, moved, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
In addition to the foregoing definitions, the term "automotive repair shop" shall have the same meaning as defined in Section 5.66.010(A) of the Brisbane Municipal Code and the term "gasoline service station" shall have the same meaning as defined in Section 17.04.345 of the Brisbane Municipal Code.
(Ord. 404 § 1, 1996: Ord. 164 § l(part), 1971).
8.20.030 Authority of chief of police to cause abatement.
Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property, including highways, the chief of police or his designee in the department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter.
(Ord. 383 § 1(part), 1993: Ord. 164 § 7, 1971).
8.20.040 Authority of franchisee to enter property for removal.
When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle
or parts thereof declared to be a nuisance pursuant to this chapter.
MILK AND CREAM
FIREWORKS
LITTER-HANDBILL DISTRIBUTION
DISMANTLED, JUNKED OR WRECKED MOTOR VEHICLES
| Notice Mailed____ | |
| ____ | |
| Chief of Police |
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DIS- MANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 4 of Ordinance No. 164 has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Ordinance No. 164.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such 10-day period, the Chief of Police or his designee in the department shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
| Notice Mailed____ | |
| (date);C; | ____ |
| Chief of Police |
(Ord. 164 § 8, 1971).
8.20.060 Abatement-Hearing-Request by owner-Notice.
A. Upon request by the owner of the vehicle or owner of the land received by the chief of police or his designee in the department within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city manager on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
(Ord. 164 § 9, 1971).
8.20.070 Abatement-Hearing-Facts and testimony.
All hearings under this chapter shall be held before the city manager which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The city manager shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
(Ord. 164 § 10(part), 1971).
8.20.080 Abatement-Hearing-Findings and decisions of city manager.
A. The city manager may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.
B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the city manager shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the land.
C. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the city manager but does not appear, he shall be notified in writing of the decision.
(Ord. 164 § 10(part), 1971).
8.20.090 Appeal of decision of city manager.
A. Any interested party may appeal the decision of the city manager by filing a written notice of appeal with the city manager within five (5) days after its decision.
B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.
C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 8.20.050.
D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. 164 § 11, 1971).
8.20.100 Removal as public nuisance.
Five (5) days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 8.20.080, or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler's yard. Except for vehicles qualifying for either horseless carriage license plates or historical vehicle license plates pursuant to California Vehicle Code Section 22661, after a vehicle has been removed it shall not thereafter be reconstructed or made operable.
(Ord. 261 § 32, 1980: Ord. 164 § 12, 1971).
8.20.110 Notification to Department of Motor Vehicles and Department of Justice.
A. Within five (5) years after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license.
B. Immediately after removal of the vehicle, the public agency which removed, or caused the removal of the vehicle shall notify the stolen vehicle system of the Department of Justice in Sacramento of the removal.
(Ord. 383 § 1(part), 1993: Ord. 164 § 13, 1971).
8.20.120 Collection of administrative and removal costs.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.20.080 are not paid within thirty (30) days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 for cities or Section 25845 for counties of the Government Code, and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
(Ord. 164 § 14, 1971).
8.20.130 Determination of administrative costs.
The city council shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of any vehicle, or parts thereof, under this chapter.
(Ord. 164 § 6, 1971).
8.20.140 Violation deemed misdemeanor.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.
(Ord. 164 § 15, 1971).
8.20.150 Exemptions.
A. The provisions of this chapter shall not apply to:
1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner or by a solid fence or landscaping that completely screens visibility from adjacent public or private property; or
2. A vehicle, or parts thereof, owned by an auto wrecker to whom a permit has been duly issued pursuant to Chapter 5.28 of the Brisbane Municipal Code, which is stored or kept in accordance with the requirements of Section 5.28.080 of Chapter 5.28; or
3. A vehicle stored or kept upon the premises of a legally established and legally operating automotive repair shop or gasoline service station, where all of the following conditions are satisfied:
(a) The operator of the establishment is actively and continuously engaged in the repair or servicing of the vehicle;
(b) The period of time during which the vehicle is stored or kept upon the premises does not exceed thirty (30) working days, unless the operator establishes, to the satisfaction of the chief of police, that the repair or servicing work is being diligently performed but cannot
reasonably be completed within such period of time and it is not reasonably possible to comply with the provisions of subsection (A)(1) of this section. In such event, the chief of police may grant extensions of time not exceeding a total of sixty (60) calendar days.
B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10, commencing with Section 22650, of Division 11 of the Vehicle Code and this chapter.
(Ord. 404 § 2, 1996: Ord. 164 § 2, 1971).
8.20.160 Nonexclusive regulation.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statues, and ordinances heretofore or hereafter enacted by the state, or any other legal entity or agency having jurisdiction.
(Ord. 164 § 3, 1971).
8.20.170 Administration and enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police or his designee in the department. In the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter.
(Ord. 164 § 4, 1971).
Chapter 8.24 Sections:
8.24.010 Definitions.
8.24.020 Establishment of health regulations.
8.24.030 Permit to collect and transport refuse.
8.24.040 Transportation of refuse by individuals.
8.24.050 Award of contract for collection and disposal of refuse.
8.24.060 Collection of garbage.
8.24.070 Interference with collection of garbage unlawful.
8.24.080 Compulsory participation in garbage collection service.
8.24.090 Collection of fees.
8.24.100 Garbage receptacles-Specifications-Weekly delivery to scavenger.
8.24.110 Garbage receptacles-Place and manner of storage.
8.24.120 Segregation of rubbish and waste matter.
8.24.130 Deposit or burning of refuse restricted.
8.24.140 Disposal of garbage at dump.
8.24.150 Enforcement officers.
8.24.160 Violation-Penalty.
8.24.010 Definitions.
For the purposes of this chapter, the following words shall have the meanings ascribed to them as follows:
A. "City" means the city of Brisbane.
B. "Garbage" means and includes all animal and vegetable wastes from kitchens; all household wastes that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food; every accumulation of animal and vegetable waste from the establishments where foodstuffs intended for human consumption are handled commercially; and also bottles, tin cans and any other containers of food.
C. "Person" means and includes a natural person, partnership, firm, corporation, public or municipal corporation, or association.
D. "Refuse" means and includes all types of waste materials such as defined under the headings of "garbage," "rubbish," and "waste matter."
E. "Rubbish" means and includes pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, boxes, trimmings from lawns, trees and flower gardens and similar combustible materials.
F. "Scavenger" means an agent or employee of the city, or any person, or the agents or employees thereof, with whom the city shall have duly contracted as provided in this chapter, to collect, receive, carry and/or transport garbage and/or rubbish and/or waste matter in accordance with the provisions of this chapter.
G. "Waste matter" means and includes crockery, bottles, metal vessels, ashes, shells, plaster, brickbats and all other similar noncombustible materials.
(Ord. 32 §§ 2, 6, 1962).
8.24.020 Establishment of health regulations.
The city council establishes health and sanitation rules and regulations as set forth in this chapter.
(Ord. 32 § 1, 1962).
8.24.030 Permit to collect and transport refuse.
It is unlawful, except as otherwise provided in this chapter, for any person to collect, transport or carry refuse over any streets or public places of the city unless such person is an agent or employee of the city acting within the scope of his employment, or has been awarded a contract by the city as scavenger; provided, that the city manager with the approval of the city council may issue permits to transport or carry refuse over the streets to the scavenger of any other city or public agency if the council finds and determines that the permit is in the public interest and will not impair the contractual rights of the scavenger of the city; provided further, that the city manager, with the approval of the council, may issue permits to any person to collect, transport or carry refuse other than garbage for purposes purely incidental to the conduct of any lawful business within the city other than the business of collecting, transporting or carrying refuse.
(Ord. 32 § 11, 1962).
8.24.040 Transportation of refuse by individuals.
Nothing in this chapter shall prohibit a person, other than the scavenger, to transport, without spilling, his own refuse other than garbage in city streets without obtaining any permit.
(Ord. 32 § 12, 1962).
8.24.050 Award of contract for collection and disposal of refuse.
The city council may award a contract or franchise for the collection and disposal of refuse to any person which the council believes best qualified and equipped to perform the work of a scavenger. The contract shall require the scavenger to collect, remove and dispose of refuse in the city in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the health officer, or such other officer as may be hereafter designated by city, and shall fix the compensation to be paid the scavenger therefor. It shall require the scavenger to furnish a surety bond of not less than five thousand dollars ($5,000.00), conditioned upon the faithful performance of his contract, and shall require the scavenger to carry workmen's compensation insurance and property damage and public liability insurance in amounts to be determined by the council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances and conditions warrant such renewal.
(Ord. 32 § 14, 1962).
8.24.060 Collection of garbage.
Collections of garbage, rubbish, and waste matter shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and any scavenger. The contents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the health officer, or other designated officials, as being a satisfactory vehicle for such purpose. It is unlawful for the scavenger to spill any of the contents of the container on stairs, yards, streets, alleyways, or public places.
(Ord. 32 § 7, 1962).
8.24.070 Interference with collection of garbage unlawful.
It is unlawful for any person in any manner to interfere with the collection or disposal of garbage, refuse or waste matter by any person authorized by license, franchise or contract to collect or dispose of the same.
(Ord. 32 § 16, 1962).
8.24.080 Compulsory participation in garbage collection service.
Each and every residential unit and each and every occupied hotel, apartment house, roominghouse, motel, or auto court, and each and every premises occupied for business, commercial, or industrial uses shall have garbage collection service as specified in this chapter and shall pay a fee therefor.
(Ord. 32 § 5, 1962).
8.24.090 Collection of fees.
The scavenger shall have authority to charge such fees as may be determined by the city council to be reasonable, and to collect such charges either in advance, or otherwise, at such times as may be fixed in the contract.
(Ord. 32 § 15, 1962).
8.24.100 Garbage receptacles-Specifications-Weekly delivery to scavenger.
All garbage shall, by the person upon whose premises the same shall have been produced or accumulated, be placed in a watertight container of not less than ten (10) or more than thirty (30) gallons, net capacity, of a design approved by the city health officer, or such other person designated by the city council, which container shall be kept clean, continuously closed by a tight-fitting cover, except when garbage is being dumped within or removed therefrom, and shall be proof against the access of flies and rodents. The contents of such container shall be delivered not less than once a week to the scavenger authorized by the city to collect the same in accordance with the provisions of this chapter.
(Ord. 32 § 3, 1962).
8.24.110 Garbage receptacles-Place and manner of storage.
All garbage receptacles shall be located in such a place as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street, road, avenue, way, alley, public place, or anywhere so as to constitute a nuisance.
(Ord. 32 § 3, 1962).
8.24.120 Segregation of rubbish and waste matter.
The producer or owner of garbage, rubbish and waste matter may elect to segregate rubbish and waste matter from garbage and the same may be placed in a box or barrel located near the watertight container, but the material so segregated shall be kept in a dry condition and in such a manner as not to be offensive, or attractive to flies and rodents and so as not to create a nuisance, or fire hazard. All cardboard and wooden boxes, except containers or refuse or waste matter under this section, shall be broken up so as to facilitate the collection of the same by the scavenger. Such refuse shall be delivered to the scavenger in the same manner as the contents of the watertight container.
(Ord. 32 § 8, 1962).
8.24.130 Deposit or burning of refuse restricted.
It is unlawful for any person to deposit, place or burn refuse of any kind upon public streets, alleyways or public places. It is unlawful for any person to deposit, place or burn refuse upon any public or private lot or land except as permitted in this section. Dry refuse except garbage may be burned by owners or producers of the same only under a permit from the duly constituted fire protection agency having jurisdiction and under the terms and conditions thereof, but the burning shall not create any offensive odor or smoke screen.
(Ord. 32 § 9, 1962).
8.24.140 Disposal of garbage at dump.
All refuse collected by the scavenger shall be disposed of at a dump approved by the city in such a manner as to comply with all state, county, city or district regulations governing such dumps.
(Ord. 32 § 10, 1962).
8.24.150 Enforcement officers.
The city health officer or such other officials of the city or county who are acting therefor under authorization by the city council, and the chief or acting chief of any fire protection agency within the city, shall be the enforcement officers under this chapter, and they shall have the right to enter upon any and all premises for the purposes of determining the sanitary conditions thereof and ascertaining whether the terms of this chapter are being complied with, and any person denying, or obstructing such entry shall be subject to the penalty provided in this chapter.
(Ord. 32 § 13, 1962).
8.24.160 Violation-Penalty.
Any person who shall violate any provision of this chapter shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment.
(Ord. 32 § 18, 1962).
Chapter 8.28 Sections:
8.28.010 Declaration of policy.
8.28.020 Definitions.
8.28.030 Noise levels for residential zoning districts.
8.28.040 Noise level for commercial and industrial zoning districts.
8.28.050 Exemptions.
8.28.060 Construction activities.
8.28.070 Amplified sound.
8.28.080 Exception permits.
8.28.090 Excessive noise-Standards to determine violation.
8.28.100 Violations-Enforcement-Penalties.
8.28.010 Declaration of policy.
It is declared to be the policy of the city that the peace, health, safety and welfare of its citizens require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community subject to its police power. It is the intention of the city to control the adverse effects of such noise sources on the citizens under any condition of use, especially those conditions of use which have the most severe impact upon any person or neighborhood.
(Ord. 332 § 1(part), 1987).
8.28.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
A. "Ambient noise" means the all-encompassing noise associated with a given environment, usually being a composite of sounds from many sources, near and far. Local ambient is the noise level obtained when the noise level is averaged over a period of fifteen minutes without inclusion of noise from isolated identifiable sources at the location and time of day near that at which a comparison is to be made, and when the noise source at issue is silent. However, for purposes of this chapter, in no case shall the local ambient be considered or determined to be less than:
1. Thirty-five (35) dBA for interior noise in Section 8.28,030;
2. Forty-five (45) dBA in all other sections of this chapter.
If the local ambient is largely composed of noise produced by other individual identifiable sources which would otherwise be operating continuously during the fifteen minute measurement period and contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent.
B. "Commercial purpose" means and includes the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, any goods or any services or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event or for the purpose of demonstrating such sound equipment.
C. "Decibel" means a unit which is one-tenth of a dimensionless unit for expressing the ratio of two values of a power, the number of those dimensionless units being the logarithm to the base ten of the power ratio.
D. "Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger, loss or harm.
E. "Noise level" means the maximum continuous sound level or repetitive peak level produced by a source or group of sources as measured with a precision sound level meter using the "A" weighting scale, and the meter response function set to "slow."
F. "Noncommercial purpose" means the use, operation or maintenance of any sound equipment for other than a commercial purpose. The term "noncommercial purpose" means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.
G. "Type 2 general purpose sound level meter" means a device for measuring sound levels in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters" or successor reference.
H. "Property plane" means a vertical plane, including the property line, which determines the property boundaries in space of the parcel of property over or from which the sound in question is audibly transmitted.
I. "Receiver" means a person or persons who question the level of sound transmitted from an identifiable source.
J. "Sound-amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound. This does not include standard automobile radios, stereos, or other sound-amplifying equipment installed in the vehicle when used or heard only by the occupants of the vehicle in which the vehicular sound-amplifying equipment is installed. The term "sound-amplifying equipment," as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices of any vehicle used only for traffic safety purposes.
K. "Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Technology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighted scale, abbreviated dBA, measured as set forth in this chapter.
L. "Vehicle" means any device by which any person or property may be propelled, moved, driven or drawn upon a public street or highway or on any private property.
(Ord. 332 51(part), 1987).
8.28.030 Noise levels for residential zoning districts.
A. No person shall cause, produce, suffer or allow to be produced by any machine, animal or device or any combination of same, in a single-family residential zoning district, a noise level more than ten (10) dB above the local ambient to any receiver for a cumulative period of more than fifteen (15) minutes in any hour, or a noise level more than twenty (20) dB above the local ambient to any receiver for a cumulative period of more than three (3) minutes in any hour.
B. No person shall cause, produce, suffer or allow to be produced by any machine, animal or device or any combination of same, in a multi-family residential zoning district, a noise level more than ten (10) dB above the local ambient three (3) feet from any wall, floor or ceiling inside any dwelling unit on the same property, except within the dwelling unit in which the noise source or sources may be located to any receiver for a cumulative period of more than fifteen (15) minutes in any hour, or a noise level more than twenty (20) dB above the local ambient to any receiver for a cumulative period of more than three (3) minutes in any hour.
(Ord. 332 § 1(part). 1987).
8.28.040 Noise level for commercial and industrial zoning districts.
No person shall cause, produce, suffer or allow to be produced by any machine, animal or device or any combination of same, in any commercial or industrial zoning district, a noise level more than ten (10) dB above the local ambient to any receiver for a cumulative period of more than fifteen (15) minutes in any hour, or a noise level more than twenty (20) dB above the local ambient to any receiver for a cumulative period of more than three (3) minutes in any hour.
(Ord. 332 § 1(part), 1987).
8.28.050 Exemptions.
The following are exempted from the noise level restrictions set out in Sections 8.28,030 and 8.28.040:
A. Emergencies;
B. School bands, school athletic and school entertainment events;
C. Activities conducted on parks, public play grounds and school grounds provided such parks, playgrounds and school grounds are owned and operated by a public entity;
D. Any activity to the extent regulation thereof has been preempted by state or federal law.
(Ord. 332 § 1(part), 1987).
8.28.060 Construction activities.
Except as set forth in Section 8.28.050A, notwithstanding any other provision of this chapter, construction shall be allowed only between the hours of seven (7:00) a.m. and seven (7:00) p.m. on weekdays and nine (9:00) a.m. to seven (7:00) p.m. on weekends and holidays. Construction, alteration or repair activities which are authorized by a valid city permit shall be allowed if they meet at least one of the following noise limitations:
A. No individual piece. of equipment shall produce a noise level exceeding eighty-three (83) dBA at a distance of twenty-five (25) feet from the source thereof. If the device or other source is housed within a structure on the property, the measurement shall be made outside the structure, but at a distance as close to the equipment or source as possible.
B. The noise level at any point outside of the property plane of the project shall not exceed eighty-six (86) dBA.
(Ord. 332 § 1(part), 1987).
8.28.070 Amplified sound.
A. It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park or public property or any open space generally available to the public, without first filing a registration statement and obtaining approval thereof as set forth in this section.
B. Every user of sound-amplifying equipment shall file a registration statement with the planning director fifteen (15) days prior to the date on which the sound-amplifying equipment is intended to be used, which statement shall contain the following information:
1. The name, address and telephone number of both the owner and the user of the sound equipment; the date or dates proposed and the hours of operation;
2. The maximum sound-producing power of the sound-amplifying equipment which shall include the wattage to be used, the volume in decibels of sound to be produced, the approximate distance for which sound will be audible from the sound-amplifying equipment and a general description of the sound amplifying equipment to be used;
3. The license and motor number if a sound truck is to be used;
4. Whether such equipment will be used for commercial or noncommercial purposes.
C. The planning director shall return to the applicant an approved certified copy of the registration statement unless he/she finds that:
1. The conditions of the motor vehicle movement are such that in the opinion of the planning director, use of the equipment would constitute a detriment to traffic safety; or
2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
3. The registration statement required reveals that the applicant would violate the provisions of this chapter or any other provision of this code or any other ordinance of the city.
D. In the event the registration statement is disapproved, the planning director shall endorse upon the statement his/her reason for disapproval and return it forthwith to the applicant.
E. Prior to the issuance of the registration statement, the applicant shall pay to the city a fee together with a deposit in such amounts as established from time to time by resolution of the city council. Such portion of the deposit as is not used or expended by the city in defraying the cost of monitoring noise produced by such activity or otherwise enforcing this chapter, shall be returned to the applicant at the expiration of such permit.
F. The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:
1. The only sounds permitted shall be either music or human speech or both.
2. Except on Sundays and legal holidays, the operation of sound amplifying equipment shall only occur between the hours of eight (8:00) a.m. and seven (7:00) p.m. On Sundays and legal holidays, the operation of sound-amplifying equipment for commercial purposes shall only occur between the hours of nine (9:00) a.m. and four (4:00) p.m., with no time limitation as to noncommercial amplification other than as may be required by F 5 of this subsection.
3. The sound level emanating from sound-amplifying equipment shall not exceed fifteen (15) decibels above the ambient base noise level.
4. Sound-amplifying equipment shall not be operated within two hundred feet of any church, school or hospital.
5. In all events the volume of sound and the hours of operation shall be so controlled that the sound will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitivity within the area of audibility.
G. When the amplified sound is to be conducted in a public park, the provisions of Section 8.28.060 of this code shall also be applicable, the noise level standards of Section 8.28.060 having precedence over the standards set forth in subsection F of this section. Application for a group use permit under Section 8.28.020 of this code shall also constitute the registration statement required under this section.
(Ord. 332 § 1(part), 1987).
8.28.080 Exception permits.
If the applicant demonstrates to the satisfaction of the planning director that immediate compliance with the requirements of this chapter would be impractical or unreasonable, the planning director may issue a permit to allow exception from any or all of the provisions contained in this chapter, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible and shall be conditioned by a schedule for compliance and details of methods thereof in appropriate cases.
(Ord. 332 § 1(part), 1987).
8.28.090 Excessive noise-Standards to determine violation.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.
B. The standards which shall be considered in determining whether a violation of this section exists shall include, but not be limited to, the following:
1. The level of the noise;
2. Whether the nature of the noise is unusual;
3. Whether the origin of the noise is natural or unnatural;
4. The level of the background noise, if any;
5. The proximity of the noise to residential sleeping facilities;
6. The nature and zoning of the area within which the noise emanates or to which it is transmitted;
7. The density of the inhabitation of the area within which the noise emanates or to which it is transmitted;
8. The time of the day or night the noise occurs;
9. The duration of the noise;
10. Whether the noise is recurrent, intermittent or constant; and
11. Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 332 § 1(part), 1987).
8.28.100 Violations-Enforcement-Penalties.
A. The violation of any provision contained in this chapter shall constitute an infraction and a public nuisance.
B. It shall be the duty of all public safety officers, and public works supervisors and the planning director to enforce the provisions of this chapter. Any permit or license of any type issued by any department or officer of the city, issued in conflict with the provisions of this title, is to be null and void.
C. Any person, whether as principal agent, employee or otherwise, violating or causing the violation of any provision of this chapter is guilty of a misdemeanor. A separate offense shall have been committed for each and every day during which a violation of any portion of this chapter persists.
D. In addition to the penalties set forth for misdemeanor offenses and the procedures for nuisance abatement, any noise level and its source in violation of any of the provisions of this chapter may be summarily abated, which may include, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this chapter is authorized to be held for use as evidence in any proceeding that may be brought for such violation.
(Ord. 332 § 1(part), 1987).
;oh3;
Chapter 8.32 RECYCLABLE MATERIALS
Sections:
8.32.010 Purpose.
8.32.020 Definitions.
8.32.030 Recyclable material disposal-General requirements.
8.32.040 Collection service-Establishment.
8.32.050 Collection contract.
8.32.060 Authorized recycling agent-Duties.
8.32.070 Provisions declared minimum standards.
8.32.080 Separation of recyclables and placement for removal.
8.32.090 Receptacle-Specifications.
8.32.100 Authorized recycling agent-Insurance required.
8.32.110 Authorized recycling agent-Rights under contract.
8.32.120 Authorized recycling agent-Receipt of charges.
8.32.130 Private disposal of recyclable materials.
8.32.140 Collection by unauthorized persons prohibited-Penalty.
8.32.010 Purpose.
The city council finds and determines that a municipal program for the collection and recycling of newspapers, metal food and beverage containers, glass, old corrugated cartons, graded or sorted wastepaper, waste motor oil (residential), and PET plastic beverage containers, within the city and the licensing of persons engaged herein, serves to promote the general welfare of the city.
The ordinance codified in this chapter is enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall garbage, rubbish, refuse or recyclable program for the citizens, businesses and institutions of the city.
It is also recognized that the recycling program hereby established may be victimized by unauthorized scavengers; and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic viability of the program, as well as detrimental to the economic interests of the city at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this chapter to define clear ownership of recyclable materials and to provide for the protection of those ownership rights.
(Ord. 338 § 1(part), 1988).
8.32.020 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings as set forth hereinafter unless the contest appears otherwise:
A. "Authorized recycling agent" means that person, partnership, joint venture or corporation authorized by contract with the city to collect recyclable materials pursuant to this chapter.
B. "Charity entity" means any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities.
C. "Collect" means to take physical possession of materials at any commercial location, institutional location, multi-residential complex or residential unit of another.
D. "Commercial entity" means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and automobile courts. Such definition includes nonprofit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs.
E. "Commercial location" means the premises or site of a commercial entity.
F. "Designated collection location" means the place where an authorized recycling agent is to pick up segregated, recyclable materials. The location is identified by contract between the authorized recycling agent and the city and will customarily be the curbside of a residential neighborhood or the service alley of a commercial or institution entity.
G. "Institutional entity" means any location operated by a governmental entity, including city, county, state and/or federal buildings public schools, colleges, and public recreational sites.
H. "Institutional location" means the premises or site of an institutional entity.
I. "Multi-residential complex" means any residential building, boardinghouse, apartment building, condominium complex, stock cooperative complex, or flats consisting of more than three (3) independent dwelling units. "Multi-residential complex" does not include motel, hotel or automobile court.
J. "Person" means any tenant, lessee, business, occupant or owner of real property within the city.
K. "Recyclable materials" means any one or more of the following categories of materials collected and recycled or salvaged from within the city:
1. Newspapers;
2. Metal food and beverage containers;
3. Glass;
4. Old corrugated cartons;
5. Graded or sorted waste paper;
6. Waste motor oil (residential);
7. PET plastic beverage containers.
L. "Recycling" means the process of sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. "Recycling" does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or other disposing of waste or other discarded materials.
M. "Residential unit" means any single-family dwelling, duplex, triplex, apartment house of three (3) dwelling units or less, or condominium complex of three (3) dwelling units or less. For the purposes of this chapter, each apartment, flat, or dwelling unit of a duplex, triplex, three (3) unit or less apartment house, or three (3) unit or less condominium complex shall be considered as a separate dwelling.
N. "Segregated recyclable materials" means those recyclable materials which have been separated:
1. By the person from whom they are being collected;
2. From refuse; and
3. From all other recyclable materials to form one readily identifiable category of materials as set forth in Section 8.32.020 K that is saleable without further sorting.
(Ord. 338 § 1(part), 1988).
8.32.030 Recyclable material disposal-General requirements.
It is unlawful for any person to keep, deposit, bury or dispose of any recyclable materials, except as in this chapter provided, in or upon any private or public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters thereof; and every person in the city who disposes of recyclable materials shall dispose of same only in the manner provided in this chapter.
(Ord. 338 § 1(part), 1988).
8.32.040 Collection service-Establishment.
A. A recyclable materials collection service program is established and shall be available to all persons, residences, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable materials within the city under this program. Creation and operation of a collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the California Public Resources Code and/or charitable entity recycling programs.
B. Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling agent, may not be stored or transferred by use of the recycling receptacles described in this chapter, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location other than for pickup by the authorized recycling agent as defined herein, is prohibited.
(Ord. 338 § 1(part), 1988).
8.32.050 Collection contract.
A. The city council may, with or without having invited bids therefor, enter into an exclusive contract with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of any or all recyclable materials within the city. Where such a contract provided for has heretofore or hereafter been entered into between the city and a contractor for the collection of any or all recyclable materials as herein provided, said contractor shall be the authorized recycling agent for the city.
B. If in the determination of the city council said contractor shall have satisfactorily performed such contract, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the city council shall deem necessary and appropriate.
(Ord. 338 § 1(part), 1988).
8.32.060 Authorized recycling agent-Duties.
The city's official authorized recycling agent must offer recyclable materials collection service to all persons, residences, businesses and institutions within the city limits pursuant to the terms and conditions of any exclusive contract for such service. The city council may establish standard regulations for the methods of collection of recyclable materials, collection service charges, frequency of pickup, and the civil and/or criminal remedies available for enforcing this chapter.
(Ord. 338 § 1(part), 1988).
8.32.070 Provisions declared minimum standards.
The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare.
(Ord. 338 § 1(part), 1988).
8.32.080 Separation of recyclables and placement for removal.
A. Persons desiring to participate in the Brisbane Recycling Program shall prepare and separate those recyclable materials that the city has contracted for pickup by the authorized recycling agent from other garbage and refuse as required by the collection contract, and thereafter have the segregated recyclable materials placed within receptacles as required by this chapter, or within the designated collection location, which shall be collected by the authorized recycling agent.
B. Receptacles containing recyclable materials for residential units shall be placed at curbside for collection by the authorized recycling agent, but shall not be placed at curbside earlier than twelve (12) hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve (12) hours following the date and time for scheduled collection.
C. Receptacles containing recyclable materials for multi-residential complex, commercial and/or institutional locations shall be of a size and serviceability agreed to by the authorized recycling agent and thereafter placed at the designated collection location.
(Ord. 338 § 1(part), 1988).
8.32.090 Receptacle-Specifications.
A. Pursuant to the terms and conditions of any exclusive contract between the city and the authorized recycling agent, each residential unit shall be provided with suitable and sufficient receptacles to store segregated recyclable materials to be made available for curbside pickup. The color, style and markings of such receptacles shall be mutually agreed upon between the city and the authorized recycling agent.
B. Initial provision of residential receptacles shall be made at no charge to persons participating in the Brisbane Recycling Program. All such residential receptacles shall be and remain the property of the authorized recycling agent, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials. Participating persons relocating out of the city shall leave all residential receptacles at the premises.
C. It is the duty of every person participating in the Brisbane Recycling Program to maintain receptacles in a reasonably safe and secure manner, and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.
(Ord. 338 § 1(part), 1988).
8.32.100 Authorized recycling agent-Insurance required.
The city's official authorized recycling agent contracted with, in accordance with this chapter, shall be considered as and shall be an independent contractor and shall act under its own directions as to the manner of performing its work, and it shall keep itself and all of its employees insured against all liability under California Workers' and Employees insurance, compensation and safety laws and against public liability and property damage, including all such liability for use or operation of motor vehicles used in the performance of work hereunder. Such public liability insurance shall be to the extent of one million dollars for each incident of death or injury to persons and/or property. Evidence of such insurance shall be filed with the city upon request.
(Ord. 338 § l(part), 1988)
8.32.110 Authorized recycling agent-Rights under contract.
An award of such contract shall confer upon the entity to whom the contract is awarded the exclusive right as the city's official authorized recycling agent hereunder, during the term of the contract, to collect, transport, sell and dispose of all recyclable materials collected within the city as provided herein, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded hereunder.
(Ord. 338 § 1(part), 1988).
8.32.120 Authorized recycling agent-Receipt of charges.
A charge shall be collected by the city's authorized recycling agent from the tenant, lessee, owner or occupant of each residential unit, as well as for each multi-residential, commercial and/or institutional entity situated within the city limits, at rates to be established by contract between the city and the official authorized recycling agent, said rates to be subject to change upon approval of an agreement between the city and said official collector.
(Ord. 338 § 1(part), 1988).
8.32.130 Private disposal of recyclable materials.
A. Nothing contained in this chapter shall preclude any person, business or other entity from disposing of segregated recyclable materials without utilizing the city's official authorized recycling agent, providing that the recyclable materials are disposed of by such persons individually or by his or her employee or employees to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority.
B. Nothing herein contained shall prevent any person, business or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.
C. The use of receptacles or other containers provided by the authorized recycling agent or the pickup of recyclable materials from any designated collection location is prohibited by anyone other than the authorized recycling agent.
D. Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit dropoff program or recycling processor as permitted by "The Solid Waste Management Resource and Recovery Act of 1972" or the "California Beverage Container Recycling and Litter Reduction Act" of 1986.
(Ord. 338 § 1(part), 1988).
8.32.140 Collection by unauthorized persons prohibited-Penalty.
A. It is unlawful for any person, business or other entity, not otherwise excepted by the provisions of this chapter, or by state or federal law, to collect recyclable materials in the city; provided, however, the collection of segregated recyclable materials with the intent to recycle all such materials collected by one who has an arrangement to and does recycle all such materials collected shall not be prohibited. The receipt of money or other consideration by the collector in addition to the materials collected creates the presumption that the collection of such materials is not for the purpose of recycling.
B. From the time of placement of recyclable materials at curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent.
C. Any person engaged in the unauthorized collection of recyclable materials is guilty of an infraction. Any such unauthorized collections from one or more locations within the city shall constitute a separate and distinct offense.
D. As an alternative to criminal enforcement, both the city and the authorized recycling agent have the independent authority to civilly enforce any provisions of this chapter, to and including the authority to seek treble damages pursuant to California Government Code section 66764. The Brisbane city manager or his/her designee may invoke these remedies, or any of them, whenever he or she deems it appropriate.
(Ord. 338 § 1(part), 1988).
Chapter 8.36 Sections:
8.36.010 Nuisance defined.
8.36.020 General prohibition-Abatement of nuisance-Penalties.
8.36.030 Commencement of proceedings.
8.36.040 Right of entry.
8.36.050 Notice of abatement hearing.
8.36.060 Conduct of abatement-Issuance of abatement order.
8.36.070 Appeal of abatement order to city manager.
8.36.080 Action by city manager.
8.36.090 Abatement by the city.
8.36.100 Emergency abatement.
8.36.110 Report of abatement costs.
8.36.120 Confirmation of abatement costs.
8.36.130 Appeal of collection order to city council.
8.36.140 Collection of costs as abatement lien.
8.36.150 Collection of costs as special assessment.
8.36.160 Collection of costs as personal debt.
8.36.010 Nuisance defined.
Each and every one of the following conditions, circumstances, things, matters and acts is deemed a threat or detrimental to the public health, safety, or general welfare and is hereby declared to constitute a public nuisance:
A. Any building or structure, or portion thereof, which is in a substandard, dilapidated, or dangerous condition or state of disrepair so as to be unfit, unsafe, or unsuitable for human occupancy.
B. Any abandoned building or structure, which shall include any of the following:
1. A building or structure which is not occupied, inhabited, used or secured. For the purposes of this section, a structure shall be deemed unsecured when it is unlocked or the public can gain entry without the consent of the owner.
2. Any partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work shall be deemed to have been abandoned when there has been no substantial activity on the project for one hundred twenty consecutive days.
3. Any damaged or partially destroyed building or structure which has not been removed or repaired within one hundred twenty (120) days after the date on which the damage or destruction occurred, or, if the removal or repair cannot reasonably be accomplished within one hundred twenty (120) days, such work shall not have been commenced within such period of time and prosecuted diligently toward completion.
C. Any property maintained in such condition as to become so defective, unsightly, or in a state of such deterioration, disrepair or neglect that the same causes, or may cause, a health, safety or fire hazard, or a blight upon the aesthetic quality or appearance of the neighborhood, or an attractive nuisance to children, including, but not limited to, any of the following:
1. Accumulation of debris, junk, garbage or refuse.
2. Storage in areas visible to public view of inoperative or dismantled motor vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, abandoned and broken equipment or machinery, or parts thereof, and broken or discarded furniture, appliances or household furnishings.
3. Roadways, parking lots, driveways, paths or other paved surfaces with cracks, potholes or other deficiencies which pose a risk of harm to the public, or are in such state of deterioration or disrepair that the same cannot be safety utilized by emergency response vehicles or personnel.
D. Any building or structure which is constructed, altered, or maintained in violation of any specific requirement or provision applicable to such building or structure contained in the building codes or zoning regulations of the city or the state, or any other law or ordinance of the city or state relating to the condition, location or use of any building or structure. As used herein, the term "building codes" includes all administrative and technical uniform codes adopted by reference by the city or otherwise made applicable pursuant to state law.
E. Property, whether improved or in a natural state, having a topography, geology or configuration which causes or threatens to cause erosion, subsidence, unstable soil conditions, surface or subsurface drainage problems, damage to streets or roadways or to public utility installations, that will, or may, be injurious to the public or to adjacent properties.
F. Any violation of a statute, ordinance, rule, regulation or condition which is specifically declared therein as constituting the creation or existence of a public nuisance subject to abatement by the city.
G. Any other condition or circumstance, in addition to those described above, which, within the meaning of Section 3479 of the California Civil Code or Section 370 of the California Penal Code, is injurious to health, or is indecent or offensive to the senses, or constitutes an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public highway, street, sidewalk, pathway, park, square, or other public place.
(Ord. 420 § 2(part), 1997).
8.36.020 General prohibition-Abatement of nuisance-Penalties.
A. It is unlawful for any person owning, leasing, occupying or having charge or possession of any real property in the city to cause or permit the establishment, maintenance, or continuation thereon of any nuisance, as defined in Section 8.36.010 of this chapter; provided, however, that any condition which would constitute a nuisance but is duly authorized by any city, state, or federal law, or by any governmental agency having jurisdiction, shall not be deemed a violation of this chapter.
B. Any nuisance found to exist upon any real property, or any building or structure located thereon, may be abated by the procedures set forth in this chapter. Such procedures shall be cumulative and in addition to any other rights, remedies or proceedings available to the city under any law by reason of the existence of the nuisance, including commencement of civil proceedings for injunctive or other judicial relief, imposition of civil penalties, and the filing and prosecution of criminal charges.
C. Any person, whether as owner, tenant or occupant of any premises, who violates the provisions of this chapter shall be guilty of an infraction, punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of twelve months by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of twelve months by a fine of not more than five hundred dollars ($500.00); provided, however, if any person shall be convicted twice for the same offense within any twelve (12) month period, the third and any subsequent commission of such offense within the same twelve month period may, in the discretion of the city attorney, be charged as a misdemeanor, punishable by a fine of not more than one thousand dollars ($1000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day, or portion thereof, during which a violation of this chapter continues shall constitute a separate offense.
D. In addition to any other penalties specified in this chapter or otherwise provided by law, upon entry of a second or subsequent civil or criminal judgment within any period of twenty-four months finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the owner shall be liable to the city for treble the amount of any costs incurred by the city for abatement of such conditions, as provided in Section 38773.7 of the Government Code.
(Ord. 420 § 2(part), 1997).
8.36.030 Commencement of proceedings.
Whenever the chief of police, or the city planning director, or the city engineer, or their duly authorized representatives, or any person designated as a city code enforcement officer or building official, reasonably believes that a nuisance exists, that city official or representative may commence abatement proceedings under this chapter.
(Ord. 420 § 2(part), 1997).
8.36.040 Right of entry.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever any city official having authority to commence abatement proceedings hereunder has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe or constitutes a public nuisance as defined in this chapter, the city official, or his or her duly authorized representatives, may enter such building or premises at all reasonable times to inspect the same or to perform any action authorized to be taken pursuant to the provisions of this chapter; provided, that if such building or premises be occupied, the city official shall first present proper credentials and request entry; and if such building or premises be unoccupied, the City official shall first make a reasonable effort to locate the owner or other persons having charge or control over the operation or management of the building or premises and request entry. If such entry is refused, the city official, or his or her duly authorized representatives, shall have recourse to every remedy provided by law to secure entry, including an inspection warrant issued by any court having jurisdiction.
(Ord. 420 § 2(part), 1997).
8.36.050 Notice of abatement hearing.
A. The city official or representative initiating the abatement proceedings, hereinafter referred to as the "hearing officer" shall give written notice to each owner of the affected property, as indicated by the latest available county tax assessment roll, of a hearing to determine whether a nuisance does in fact exist upon the property which is subject to abatement under this chapter.
B. The notice shall be given by regular mail, postage prepaid, addressed to each owner at the address shown on said tax assessment roll, and by conspicuously posting a copy of the notice on the affected property, at least ten (10) days prior to the scheduled hearing date. The failure by any person to receive a notice shall not affect the validity of any proceedings conducted under this chapter.
C. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, the time and place of the hearing to determine whether the described condition constitutes a nuisance, and the proposed manner of abatement if a nuisance is found to exist. The notice shall further advise that each owner has the option to voluntarily abate the nuisance and to inform the hearing officer that such action has been completed prior to the hearing date. Upon receipt of such information from a property owner, the hearing officer shall conduct an inspection of the premises and if the nuisance is found to have been satisfactorily abated, the hearing shall be canceled and written notice of such cancellation shall be given to the same persons who received notice of the abatement hearing.
(Ord. 420 § 2(part), 1997).
8.36.060 Conduct of abatement hearing-Issuance of abatement order.
A. The hearing to determine whether a nuisance exists shall be conducted by the hearing officer. The hearing officer shall consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of the alleged nuisance or the manner proposed for abatement thereof. The hearing may be continued from time to time by the hearing officer, without further written notice.
B. Upon the conclusion of the hearing, the hearing officer shall, based upon the evidence presented at the hearing, determine whether the property, or any portion thereof, constitutes a nuisance. If the hearing officer finds that a nuisance does exist, the hearing officer shall issue an order of abatement which shall direct and order the nuisance abated within the time and in the manner as specified in such order. The hearing officer shall serve a copy of the abatement order upon each owner of the property by mailing the same to the address utilized for mailing notice of the abatement hearing, or to such other address as may be known to the hearing officer. If the hearing officer determines that no nuisance, as defined by this chapter, exists upon the property, the hearing officer shall terminate the abatement proceedings and give written notice of such action to the property owner.
C. The decision of the hearing officer with respect to the existence of a nuisance or the time and manner of abatement shall be final and conclusive in the absence of an appeal to the city manager being filed in accordance with Section 8.36.070 of this chapter.
(Ord. 420 § 2(part), 1997).
8.36.070 Appeal of abatement order to city manager.
A. The owner of the affected property or any other interested person may appeal any decision or determination by the hearing officer to the city manager by filing a written notice stating the grounds for the appeal with the city manager within seven (7) days after the date on which the decision or determination is rendered by the hearing officer.
B. The city manager shall set the matter for a hearing to be conducted within fourteen (14) days after receipt of the notice of appeal and shall mail notice of such hearing to the property owner and to the appellant, if other than the owner. The hearing may be continued to a later date, at the discretion of the city manager.
(Ord. 420 § 2(part), 1997).
8.36.080 Action by city manager.
A. The city manager shall review the decision of the hearing officer and shall afford the property owner and any other interested persons an opportunity to be heard in connection with the appeal. If the city manager finds from the relevant evidence presented at the hearing that the alleged nuisance exists upon the affected property, the city manager shall issue an order for the abatement thereof within the time and in the manner as shall be specified in such order. The abatement order shall inform the property owner that if the nuisance is not satisfactorily abated in accordance with the terms and requirements of the order, the nuisance may be abated by the city and all costs and expenses incurred by the city in connection therewith will be made a lien against the property.
B. The city clerk shall mail a copy of the abatement order to the property owner and to any other person submitting a request therefor. The city clerk may also record a certified copy of the abatement order in the office of the San Mateo County recorder.
C. If the city manager finds that the alleged nuisance does not exist, or that such nuisance has voluntarily and successfully been abated by the property owner prior to the hearing date, the city manager shall terminate the abatement proceedings.
D. Pursuant to Section 1094.6 of the California Code of Civil Procedure, any action or proceeding to attack, review, set aside, void or annul a decision by the city manager on an appeal taken pursuant to this section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any abatement order issued pursuant to this chapter, shall be commenced within ninety (90) days after the date such decision is rendered by the city manager.
(Ord. 420 § 2(part), 1997).
8.36.090 Abatement by the city.
In the event the property owner fails to abate the nuisance within the time or in the manner as specified in the abatement order issued by the hearing officer, or by the city manager in the case of an appeal, the city manager may cause the nuisance to be abated by the city's forces or by private contractors retained by the city, or any combination thereof. Entry upon the property is expressly authorized for the purpose of performing such abatement work. Ord. 420 § 2(part), 1997).
8.36.100 Emergency abatement.
A. If, in the reasonable opinion of the city manager, or the chief of police, or the city planning director, or the city engineer, there exists a condition which constitutes an imminent threat of serious injury or harm to any persons or property that is likely to occur during the pendency of abatement proceedings, such official may cause the condition to be summarily abated in accordance with the following procedure, without compliance with the provisions of the preceding sections of this chapter:
1. The city official shall attempt to contact the owner, or other person having charge or control over the operation or management of the property, in person or by telephone to notify the responsible party that the condition must immediately be removed, repaired, corrected, or isolated so as to eliminate the imminent threat of serious injury or harm.
2. If the attempt at personal contact is unsuccessful, or if the responsible party fails or refuses to take immediate and effective action to eliminate the threat after being requested to do so, the city official shall summarily abate the nuisance utilizing the city's own forces or independent contractors, or any combination thereof.
3. All abatement costs incurred by the city shall be determined, confirmed and collected in accordance with the provisions of Sections 8.36.110 through 8.36.150 of this chapter.
B. Nothing in this chapter shall prevent public safety officials from taking any and all actions in emergency situations they deem necessary or appropriate in order to protect the public health, safety, and general welfare.
(Ord. 420 § 2(part), 1997).
8.36.110 Report of abatement costs.
A. The city finance director shall keep an accounting of all costs and incidental expenses incurred by the city in connection with any nuisance abatement proceedings or actions conducted pursuant to this chapter. Such account shall indicate, where appropriate, the costs attributable to each separate parcel of land with respect to which abatement proceedings have been commenced or upon which abatement work has been performed by the city or its contractors. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city for conducting proceedings under this chapter; the preparation of specifications and contracts; inspection of the work; the cost of preparing and serving notices; attorneys fees and the fees of any other consultants providing professional services in connection with the abatement of the nuisance; and administrative staff costs. Costs and expenses may be recovered even if the nuisance is abated by the property owner.
B. Costs shall be determined and assessed at the conclusion of the abatement proceedings; provided, however, in the case of an abatement by any method that takes more than six (6) months, costs may be determined and assessed at any time after six (6) months from the issuance of the final abatement order and periodically thereafter until all abatement proceedings have been fully completed.
C. The finance director shall submit an itemized report of abatement costs to the city manager for confirmation. The city clerk shall serve a copy of such report upon the property owner by personal delivery or by regular mail addressed to the owner as shown on the latest available county assessment roll, or as otherwise known to the city clerk. The report of abatement costs shall be accompanied by a notice of the time and place when a hearing will be conducted by the city manager to consider confirmation of such report and levy or assessment of a lien against the affected property for collection of abatement costs. The report and notice shall be served upon the property owner at least ten (10) days prior to the scheduled date of the hearing.
(Ord. 420 § 2(part), 1997).
8.36.120 Confirmation of abatement costs.
A. At the time and place fixed in the notice of the confirmation hearing, the city manager shall consider the report of
abatement costs submitted by the finance director and hear any protests or objections thereto by the property owner or any other interested persons. The hearing may be continued from time to time without further written notice.
B. Upon the conclusion of the hearing, the city manager shall make such revisions, corrections or modifications to the report as may be necessary or appropriate, based upon the evidence presented at the hearing, and shall thereafter confirm the report as submitted or modified by issuing an order for collection of the abatement costs pursuant to either Section 8.36.140 or Section 8.36.150 of this chapter. The decision of the city manager shall be final and conclusive, in the absence of an appeal to the city council being filed in accordance with Section 8.36.130 of this chapter.
(Ord. 420 § 2(part), 1997).
8.36.130 Appeal of collection order to city council.
A. The owner of the affected property may appeal to the city council the order for collection of abatement costs issued by the city manager by filing a notice of appeal with the city clerk within ten (10) days after the date on which such order was rendered. The notice shall set forth the grounds for the appeal and shall be accompanied by the payment of a processing fee in such amount as may be established from time to time by resolution of the city council.
B. The city clerk shall set the matter for hearing at a regular meeting of the city council as determined by the city clerk and shall mail notice of such hearing to the appellant and to any other interested person requesting the same.
C. The city council shall either affirm the collection order issued by the city manager or make such modifications, amendments or corrections thereto as the council deems appropriate. A final order for the collection of abatement costs, as determined by the city council, shall thereupon be rendered by the council providing for the collection of such costs pursuant to either Section 8.36.140 or Section 8.36.150 of this chapter.
D. Pursuant to Section 1094.6 of the California Code of Civil Procedure, any action or proceeding to attack, review, set aside, void or annul a decision by the city council on an appeal taken pursuant to this section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, propriety, legality or validity of any abatement costs levied or assessed as lien against any real property pursuant to this chapter, or any proceedings relating to such levy or assessment, shall be commenced within ninety (90) days after the date such decision is rendered by the city council.
(Ord. 420 § 2(part), 1997).
8.36.140 Collection of costs as abatement lien.
A. Pursuant to Section 38773.1 of the California Government Code, the order for collection of abatement costs issued by the city manager, or by the city council on appeal, may provide for such costs to be levied as an abatement lien against the property on which the nuisance was abated. In such event, notice of intent to record such lien shall be served upon the owner of the property, as shown by the latest available county assessment roll, in the same manner as service of a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4, Title 5, Part 2 of the Code of Civil Procedure. If the property owner, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper having general circulation in the city.
B. Following service of the notice in accordance with subsection A of this section, the city clerk shall record the nuisance abatement lien against the affected property in the office of the San Mateo County recorder. From and after the date of such recording, the nuisance abatement lien shall have the same force, effect and priority as a judgment lien on real property and shall continue in effect until discharged by the city.
C. The nuisance abatement lien recorded pursuant to this section shall identify the city as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the date of the order for collection of abatement costs, the address, legal description and assessor's parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.
D. The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney's fees, shall be added to the amount of the lien and shall be secured thereby.
E. Upon payment or other satisfaction of the abatement lien, a notice of discharge shall be prepared and recorded by the city clerk in accordance with Section 38773.1(c)(2) of the Government Code.
(Ord. 420 § 2(part), 1997).
8.36.150 Collection of costs as special assessment.
A. As an alternative to the recording and foreclosure of an abatement lien pursuant to Section 8.36.140 of this chapter, the order for collection of abatement costs may provide that such costs shall, upon recording a certified copy of the order in the office of the San Mateo County recorder, be imposed as a special assessment against the property on which the nuisance was abated, in accordance with Section 38773.5 of the Government Code.
B. A certified copy of the order for collection of abatement costs shall be transmitted to the county tax assessor and tax collector, whereupon it shall be the duty of the tax assessor and tax collector to add the amount of abatement costs as a special assessment on the next regular bills for real estate taxes levied against the respective properties identified in the order. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes.
(Ord. 420 § 2(part), 1997).
8.36.160 Collection of costs as personal debt.
In addition to, or in lieu of, the methods of collection set forth in Sections 8.36.140 and 8.36.150 of this chapter, the city may bring a civil action against the owner of the property on which the nuisance is abated for recovery of all abatement costs as a personal indebtedness of such owner to the city.
(Ord. 420 § 2(part), 1997).
Chapter 8.40 Sections:
8.40.010 Definition of water waste.
8.40.020 Prohibition against water waste.
8.40.030 Enforcement.
8.40.040 Appeals. 8.40.010 Definition of water waste.
For the purposes of this chapter, the term "water waste" shall mean any of the following:
"Excessive irrigation of landscaping" means the irrigation of landscaping that allows water to accumulate on the surface and overflow into adjacent gutters, storm drains, driveways, sidewalks, streets, or other unlandscaped areas for a period of four (4) or more consecutive hours.
"Excessive watering of impervious surfaces" means watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and flows into adjacent gutters, storm drains, driveways, sidewalks, streets, or other conveyance for a period of four (4) or more consecutive hours.
"Failure to repair water leak" means the leakage of water from any broken or defective plumbing, sprinklers, watering or irrigation system for a period of forty-eight (48) hours during which the leak should reasonably have been discovered and corrected.
(Ord. 482 § 1(part), 2003).
8.40.020 Prohibition against water waste.
It shall be unlawful for any person owning or in possession or control of any property in the city to commit or allow water waste upon or from that property and who fails to correct such water waste in the manner and within the time specified in a notice of correction given by the city pursuant to Section 8.40.030(B) of this chapter. The violation of this chapter is declared to be an infraction and a public nuisance.
(Ord. 482 § 1(part), 2003).
8.40.030 Enforcement.
A. Enforcement Officers. In addition to any police officer or code enforcement officer, the public works director/city engineer and the director of community development, and their authorized representatives, shall have authority to enforce the provisions of this chapter.
B. Notice of Correction. Whenever an enforcement officer observes water waste occurring upon any property, the enforcement officer may issue a notice of correction to the owner or other person in possession and control of the property, or the portion thereof on which the water waste is occurring. The notice shall identify the nature of the water waste and the corrective action that needs to be taken to eliminate the waste. The notice shall include a time by which the corrective action must be completed, which shall generally conform with the following guidelines:
1. Excessive irrigation of landscaping or watering of impervious surfaces to be eliminated immediately by shutting off or redirecting the source of irrigation.
2. Water leaks to be eliminated by repair of the broken or defective system within forty-eight (48) hours, unless the enforcement officer determines that a longer period of time is reasonably necessary to complete the repair. In determining the time necessary to complete the repair, the enforcement officer shall take into consideration any special circumstances known to the officer, including, by way of example, the age, state of health, financial condition, and accessibility of the owner or person in possession and control of the property.
If the notice of correction is given to a person who is not the party responsible for the water service connection which is the source of the water waste, a copy of the notice shall be mailed to such responsible party at the billing address shown on the records of the city's finance department.
C. Penalties for Failure to Correct Water Waste. A citation may be issued to any person receiving a notice of correction who fails to eliminate the water waste as required by the notice. The citation shall impose a fine in the amount of one hundred dollars ($100) for the first violation, two hundred dollars ($200) for a second violation committed within a period of twelve (12) months, three hundred dollars ($300) for a third violation committed within a period of twelve (12) months, four hundred dollars ($400) for a fourth violation committed within a period of twelve (12) months, and five hundred dollars ($500) for a fifth and each subsequent violation committed within a period of twelve (12) months. Such fines may be added to the water bill for the service connection which is the source of the water waste. In addition to the foregoing, the city may exercise any other rights or remedies provided by law for violations of this code, including civil nuisance abatement proceedings.
(Ord. 482 § 1(part), 2003).
8.40.040 Appeals.
Any person receiving a notice of correction or a citation issued pursuant to this chapter may file an appeal to the city manager within ten (10) days after receipt of the notice or the citation to challenge the determination that water waste is occurring, or the corrective actions required to eliminate such waste, or the amount of the fine imposed for the violation. The city manager, or his designated representative, shall conduct an administrative hearing within fifteen (15) days after the filing of the appeal and shall render a written decision thereon within ten (10) days after the conclusion of the hearing. With the consent of the appellant, the matter may be continued if additional time is needed for the city manager to evaluate the appeal. The decision of the city manager shall be final.
(Ord. 482 § 1(part), 2003).
Chapter 8.44 Sections:
8.44.010 Requirement for a permit.
8.44.020 Application, issuance and renewal procedure.
8.44.030 Display of permit.
8.44.040 Fees for permit.
8.44.050 Permit is nontransferable.
8.44.060 Enforcement of applicable law.
8.44.070 Suspension of permit.
8.44.080 Administrative fine.
8.44.090 Authorization of enforcement by San Mateo County personnel.
8.44.010 Requirement for a permit.
It shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products without first obtaining and maintaining a valid tobacco retailer's permit from the environmental health division of the San Mateo County department of health (the "environmental health division") for each location where such sales are conducted. Permits are valid for one year and shall be renewed annually.
(Ord. 532 § 2(part), 2008).
8.44.020 Application, issuance and renewal procedure.
A. Application for a tobacco retailer's permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the environmental health division and contain the following information:
1. The name, address, and telephone number of the applicant;
2. The business name, address, and telephone number of each location where tobacco is retailed; and
3. Such other information as the director of the environmental health division (the "director") or his or her designee determines is necessary for implementation of this chapter.
B. Applicants for renewal must follow the application procedures set forth in subsection A of this section. A renewal for a tobacco retailer's permit will be denied if the application is for a person or location for which a suspension is in effect.
(Ord. 532 § 2(part), 2008).
8.44.030 Display of permit.
Upon receipt of an application for a tobacco retailer's permit, the director or his or her designee shall issue a permit which must be prominently displayed at each location where tobacco retail sales are conducted.
(Ord. 532 § 2(part), 2008).
8.44.040 Fees for permit.
The fee for a tobacco retailer's permit shall reflect the county's costs of processing the permit and regulating compliance with this chapter and shall be contained in Section 5.64.070 of the San Mateo County Ordinance Code.
(Ord. 532 § 2(part), 2008).
8.44.050 Permit is nontransferable.
Tobacco retailer's permits are nontransferable as between entities, retailers, individuals, locations or otherwise.
(Ord. 532 § 2(part), 2008).
8.44.060 Enforcement of applicable law.
If an agent or employee of the tobacco retailer violates any provisions of this chapter or any federal or state tobacco related law, the tobacco retailer shall immediately report the violation to the environmental health division.
(Ord. 532 § 2(part), 2008).
8.44.070 Suspension of permit.
A. Grounds for Suspension. A tobacco retailer's permit may be suspended, as set forth below in subsection B, by the director of the environmental health division or his or her designee upon a finding, after notice and opportunity to be heard, that either of the following occurred:
1. After the permit was issued it was determined that the application for the permit is incomplete or inaccurate.
2. The permittee or his or her agent has violated any provision of this chapter or any federal or state tobacco-related law.
B. Time Period of Suspension of Permit.
1. Upon the first time that the director of the environmental health division or his or her designee makes the finding that either subsection (A)(1) or (A)(2) of this section has occurred, the permit to sell tobacco products shall be suspended for up to thirty (30) days.
2. Upon the second time that the director of the environmental health division or his or her designee makes the finding set forth in subsection (A)(1) or (A)(2) of this section within twenty-four (24) months of the first determination, the permit to sell tobacco products shall be suspended for no less than thirty (30) days and up to ninety (90) days.
3. Upon the third and each subsequent time that the director of the environmental health division or his or her designee makes the finding set forth in subsections (A)(1) and (A)(2) within twenty-four (24) months of a prior determination, the permit to sell tobacco products shall be suspended for no less than ninety (90) days and up to one year.
C. Effective Date of Suspension.
1. If the director of the environmental health division or his or her designee makes oral findings and issues an order of suspension at the hearing, the suspension will be effective ten (10) days from the date of the hearing, unless a timely appeal is filed in accordance with subsection D of this section.
2. If the director of the environmental health division or his or her designee makes written findings and issues an order of suspension by certified mail after the hearing, the suspension will be effective fifteen (15) days from the date appearing on the notice of that finding and order of suspension, unless a timely appeal is filed in accordance with subsection D of this section.
D. Appeal of Suspension.
1. The decision of the director of the environmental health division or his or her designee is appealable to the San Mateo County licensing board.
2. An appeal must be in writing, be addressed to the director of the environmental health division and be hand-delivered to the offices of the division of environmental health.
3. An appeal must be received by the division of environmental health before the effective date of suspension provided by subsection (C)(1) or (C)(2) of this section in order to be considered.
4. The filing of a timely appeal will stay a suspension pending a decision on the appeal by the San Mateo County licensing board.
5. The decision of the San Mateo County licensing board shall be a final administrative order, with no further administrative right of appeal.
(Ord. 532 § 2(part), 2008).
8.44.080 Administrative fine.
A. Grounds for Fine. A fine may be imposed upon findings made by the director of the environmental health division or his or her designee, that any retailer, individual, or entity who is an owner of a retail establishment:
1. Does not have a valid tobacco retailer's permit; and
2. Offers for sale any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared from tobacco.
B. Amount of Fine. Upon findings made under subsection A of this section, the retailer, individual, or entity who is an owner of a retail establishment shall be subject to an administrative fine as follows:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation;
3. A fine not exceeding five hundred dollars ($500.00) for the third and subsequent violations;
4. Each day that tobacco products are offered for sale without a permit shall constitute a separate violation. A finding of "offering for sale" will be made if these tobacco products are actually sold and or displayed in the retail establishment.
C. Fine Procedures. Notice of the fine shall be served on the retailer, individual, or entity who is owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the director of the environmental health division or his or her designee contesting the imposition of the fine. Said hearing must be requested within ten (10) days of the date appearing on the notice of the fine. The decision of the director of the environmental health division shall be a final administrative order, with no administrative right of appeal.
D. Failure to Pay Fine. If said fine is not paid within thirty (30) days from the date appearing on the notice of the fine or of the notice of determination of the director of the environmental health division or his or her designee after the hearing, the fine shall be referred to a collection agency within or external to the county. In addition, any outstanding fines must be paid prior to the issuance of any permit by the San Mateo County environmental health division of the department of health.
(Ord. 532 § 2(part), 2008).
8.44.090 Authorization of enforcement by San Mateo County personnel.
The county of San Mateo, its officers, employees and agents are hereby authorized to enforce the ordinance codified in this chapter on behalf of the city, within the jurisdiction areas of the city. Such enforcement authority includes, but is not limited to, the collection of fees and fines, expending such revenue in the enforcement of the tobacco retailer requirements, holding hearings, suspending permits and issuing administrative fines.
(Ord. 532 § 2(part), 2008).
Chapter 8.48 Sections:
8.48.010 Requirement for safety equipment.
8.48.020 Posting of signs.
8.48.030 Penalties for violation of chapter.
8.48.010 Requirement for safety equipment.
Every person riding a skateboard at a skateboard park owned and operated by the city shall wear a helmet, elbow pads, and knee pads at all times while riding his or her skateboard.
(Ord. No. 536, § 1, 2-2-09)
8.48.020 Posting of signs.
The city director of parks and recreation shall cause signs to be posted at the skateboard park affording reasonable notice to persons using the park of the requirement for wearing a helmet, elbow pads, and knee pads, and that any person who fails to comply with such requirements will be subject to the penalties prescribed by this chapter.
(Ord. No. 536, § 1, 2-2-09)
8.48.030 Penalties for violation of chapter.
A. Any person who violates the requirements of this chapter shall be guilty of an infraction and upon conviction thereof shall be subject to a fine of not more than five dollars ($5.00) for the first offense, not more than ten dollars ($10.00) for the second offense committed within a twelve-month period, and not more than twenty dollars ($20.00) for the third and any additional offense committed within a twelve-month period.
B. The city director of parks and recreation and any authorized member of his or her staff, and any police officer, shall have authority to immediately expel from the skateboard park any person found to be violating the requirements of this Chapter and to prohibit such person from re-entering the park for a period not exceeding seven (7) days. Any person who is found, on three (3) or more occasions, to have violated the requirements of this chapter, may be banned from use of the skateboard park for such period of time up to a maximum of ninety (90) days, as determined by the enforcement officer.
(Ord. No. 536, § 1, 2-2-09)
Chapter 8.50 Sections:
8.50.010 Purpose– Authority for chapter– Alternative provisions. 8.50.020 Delegation of enforcement authority. 8.50.030 Definitions. 8.50.040 Public nuisance and abatement requirement. 8.50.050 Declaration of nuisance. 8.50.060 Notice to abate. 8.50.070 Public hearing by city council– Order to abate. 8.50.080 Performance of abatement work. 8.50.090 Seasonal and recurrent nuisances. 8.50.100 Account of abatement costs and billing. 8.50.110 Assessment report and hearing. 8.50.120 Levy and collection of special assessment.
8.50.010 Purpose– Authority for chapter– Alternative provisions.
A. The purpose of this chapter is to reduce the threat of fire created by weeds and flammable wastes located on private property which the fire chief determines constitute a fire hazard and a public nuisance. This chapter will establish a procedure for the abatement of such hazards by the city upon failure or refusal of the property owner to do so, and will enable the city to recover its abatement costs through the levy of an assessment against the property on which the abatement work has been performed.
B. This chapter is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560). This chapter also supplements the provisions of Section 15.44.120 of the Brisbane Municipal Code (amending the California Fire Code) concerning removal of waste materials and combustible vegetation, and the provisions of Chapter 8.36 of the Brisbane Municipal Code, concerning abatement of public nuisances. The rights and remedies available to the City for abatement of weeds, rubbish, or other flammable material are cumulative and the City may proceed under this Chapter, or said Article 2 of the Government Code, or said provisions of the Brisbane Municipal Code, or any combination thereof, either simultaneously or successively.
C. Nothing contained in this chapter shall prevent the enforcement officer (as hereinafter defined) from abating any weed or flammable waste nuisance summarily, without notice to the property owner, pursuant to Section 8.36.100 of this code where an immediate hazard to the public health, safety or welfare is found by the enforcement officer to exist upon any real property in the city. In such event, the collection of abatement costs and levy of the same as a special assessment shall be conducted in accordance with the procedure set forth in Chapter 8.36 of this code. The enforcement officer is hereby given authority to conduct summary abatement proceedings pursuant to Section 8.36.100.
(Ord. No. 538, § 1, 4-6-09)
8.50.020 Delegation of enforcement authority.
The duty and authority to enforce the provisions of this chapter are hereby delegated to the North County Fire Authority. In the event the North County Fire Authority is terminated or the city of Brisbane ceases to be a member thereof, the delegation of authority granted herein shall automatically expire.
(Ord. No. 538, § 1, 4-6-09)
8.50.030 Definitions.
A. The term "enforcement officer," as used in this chapter, means the person or persons duly authorized by the fire chief of the North County Fire Authority to administer and enforce the provisions of this chapter. If the North County Fire Authority at any time ceases to render weed abatement services for the city, the enforcement officer shall be such person as designated by the city council.
B. The term "fire chief," as used in this chapter, means the fire chief of the North County Fire Authority. If the North County Fire Authority at any time ceases to render weed abatement services for the city, the duties to be performed by the fire chief under this chapter shall instead be performed by the Brisbane city manager.
C. The term "weeds," as used in this chapter, includes, but is not limited to, any of the following:
1. Weeds and brush which attain such large growth as to become, when dry, a fire menace;
2. Weeds which are otherwise noxious or dangerous;
3. Poison oak when the conditions of growth are such as to constitute a menace to the public health;
4. Dry grass, grass cuttings, tree trimmings, vines, stubble, or other growth material which endangers the public safety by creating a fire hazard.
D. The term "flammable waste" includes debris, rubbish, refuse, wastepaper, litter, lumber, waste petroleum products, packing material, or other combustible or flammable waste material deemed by the enforcement officer to constitute a fire hazard.
(Ord. No. 538, § 1, 4-6-09)
8.50.040 Public nuisance and abatement requirement.
No person having ownership or control of any property within the city shall cause or permit weeds or flammable waste material to remain or accumulate thereon, or upon the public right-of-way between the boundary line of such property and the paved surface of the street, or upon any abutting private roadway or easement over which the owner or occupant of such property has a right of access. Each of the conditions described herein shall constitute a public nuisance and the owner or other person having control over the property shall destroy or remove such weeds and flammable waste material.
(Ord. No. 538, § 1, 4-6-09)
8.50.050 Declaration of nuisance.
The enforcement officer shall annually furnish to the fire chief a report of those properties on which weeds or flammable waste material have been found to exist which constitute a fire hazard in violation of this chapter. The fire chief shall review such report and make any changes thereto the fire chief deems necessary or appropriate. Upon approval of the report, the fire chief shall issue a written declaration of public nuisance to exist upon each of the properties identified in the report. Such declaration shall direct that a notice to abate be sent to the property owner in accordance with Section 8.50.060, and shall set a time and place for a public hearing to be conducted by the city council for the consideration of any objections by property owners to the declaration of nuisance.
(Ord. No. 538, § 1, 4-6-09)
8.50.060 Notice to abate.
A. The enforcement officer shall mail to the owner of each property on which a nuisance has been declared by the fire chief to exist, a notice to abate such nuisance within the time specified in the notice, which shall be not less than fifteen (15) days after the date on which the notice is mailed. The notice shall be mailed to each person to whom such property was assessed on the last equalized assessment roll available on the date the city council resolution is adopted pursuant to Section 8.50.050. The failure of any person to receive such notice shall not invalidate any of the proceedings conducted under this chapter.
B. The notice to abate shall advise the property owner of the following:
1. That upon failure by the owner to abate the nuisance within the specified time, the weeds or flammable waste will be removed by the city;
2. That all abatement costs incurred by the city, together with an administrative fee in the amount set forth in the notice, shall be charged to the owner;
3. That nonpayment of the abatement costs and the administrative fee will result in the same being levied as a special assessment against the property, to be collected at the same time and in the same manner as ordinary real estate taxes;
4. That any person objecting to the declaration of nuisance or the proposed abatement thereof may present such objections at a public hearing to be conducted by the city council at the time and place indicated in the notice.
(Ord. No. 538, § 1, 4-6-09)
8.50.070 Public hearing by city council– Order to abate.
The city council shall conduct a public hearing on the proposed abatement at the time and place specified in the notice to abate and shall hear and determine any objections by the owners of properties on which a nuisance has been declared to exist. At the conclusion of the public hearing, the city council shall sustain or overrule any objections which have been raised. The city council shall thereupon issue an order to the enforcement officer to abate the nuisance on each of the properties for which the original declaration of nuisance has not been rescinded by the city council.
(Ord. No. 538, § 1, 4-6-09)
8.50.080 Performance of abatement work.
Upon the failure by the property owner to remove or abate the nuisance within the time specified in the notice given pursuant to Section 8.50.060, the enforcement officer shall, without further notice to the property owner, cause the nuisance to be abated on each of the properties described in the order to abate issued by the city council pursuant to Section 8.50.070. The enforcement officer and his or her agents, employees and contractors are authorized to enter upon the property where such nuisance exists for the purpose of performing the abatement work. If the property on which the abatement work is to be performed is located within the San Bruno Mountain Area Habitat Conservation Plan (HCP), the abatement shall comply with any applicable requirements of the HCP, including the requirement to obtain a San Bruno Mountain Site Activity Review from the HCP Manager. Nothing herein shall prevent the property owner from abating such nuisance, so long as all abatement work is completed prior to the arrival of the enforcement officer or his or her representatives to remove the same.
(Ord. No. 538, § 1, 4-6-09)
8.50.090 Seasonal and recurrent nuisances.
A. At the time the city council issues the order to abate the nuisance, as provided in Section 8.50.070, and if so requested by the enforcement officer, the city council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further public hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear on the current assessment roll.
B. The post card notice shall describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or adjacent to the property and that the same constitute a public nuisance which must be abated by removal, and that otherwise they will be removed and the nuisance abated by the city, in which case the cost of such removal will be assessed upon the parcel of land from which or adjacent to which the weeds were removed, and upon confirmation of such cost will constitute a lien upon such parcel until paid.
(Ord. No. 538, § 1, 4-6-09)
8.50.100 Account of abatement costs and billing.
The enforcement officer shall keep an account of the costs of abating such nuisance upon each separate lot or parcel of land and shall send a bill for the same, including the administrative fee, to the property owner by mail, to the address or addresses to which the original notice of abatement had previously been sent. The bill shall specify that, upon failure of the owner to pay same in full within thirty (30) days from date of mailing, the amounts set forth in such bill will become a lien against the land and shall constitute a special assessment and be collected at the same time and in the same manner as general municipal taxes of the city. The billing shall also advise the owner that a hearing will be held by the city council at the time and place indicated in the billing, at which time the owner can raise any objections to the proposed assessment, and that no other or further notice will be given of such assessment and hearing other than as set forth in the billing.
COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, WASTE MATTER AND REFUSE
NOISE CONTROL
ABATEMENT OF PUBLIC NUISANCES
WATER WASTE
TOBACCO RETAILER PERMIT
SKATEBOARD PARKS
WEED AND FLAMMABLE WASTE ABATEMENT