(A) Whenever the Director is advised that a recycling facility has been installed or is being maintained in violation of this chapter, the Director shall so notify the person in whose name the recycling facility is registered under § 23.47.040(A)(8), or in the absence of such registration the property owner. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in whose name the recycling facility is registered under § 23.47.040(A)(8), or in the absence of such registration the property owner. Such notice shall state the nature of the violation, the Director’s intention to impound the facility if the violation is not corrected or a hearing is not requested before the Director within 14 days after the giving of such notice, and provide the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding pending a decision by a hearing officer.
(B) Whenever a recycling facility is impounded pursuant to § 23.47.060(A), the recycling facility shall be removed by the Director or his or her designee, and stored in any convenient place. The Director shall notify in writing the person in whose name the recycling facility is registered under § 23.47.040(A)(8), or in the absence of such registration the property owner, regarding the removal. Such notice shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in whose name the recycling facility is registered under § 23.47.040(A)(8), or in the absence of such registration the property owner. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director if desired. Any such recycling facility removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefore. Upon failure of the owner to claim such recycling facility and pay the reasonable charges within 45 days after the mailing of written notice of removal, such recycling facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.
(C) Any recycling facility in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the recycling facility, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director shall notify in writing the person in whose name the recycling facility is registered under § 23.47.040(A)(8), or in the absence of such registration the property owner, regarding the removal. Such notice shall state the date the facility was removed, the reasons for the removal, the location and procedure for claiming the facility and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such facility removed and stored pursuant to this division (C) shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such facility and pay the reasonable charges within said 45-day period, such facility shall be deemed to be unclaimed property in possession of the city and may be disposed of.
(D) Within 14 days of the notice of violation, or notice of removal of a facility summarily impounded, the person in whose name the facility is registered, if such registration has been completed, pursuant to § 23.47.040(A)(8) or other person who provides satisfactory proof of ownership, may request a hearing. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.
(E) Upon receipt of a written request for a hearing, the Director shall schedule the hearing before a hearing officer. The hearing officer shall be the Risk Manager or his or her designee.
(F) The Director shall provide written notice of the date, time, and place of the hearing, and the identity of the hearing officer. Such notice of hearing shall be served either personally or by mail, postage prepaid, certified, return receipt requested, to the person in whose name the recycling facility is registered under § 23.47.040(D), or in the absence of such registration the property owner. The hearing shall be held no sooner than 15 days following service of the notice of hearing. The hearing officer may continue the hearing for good cause.
(G) At the hearing any person may present evidence or argument as to whether the facility has violated this chapter. Within seven working days after the close of the hearing, the hearing officer shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing. The hearing officer may order the termination of the abatement proceedings or may order abatement of the recycling facility within a reasonable amount of time (not less than 30 days). The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Code of Civil Proc. § 1094.6. There is no right to a City Council appeal. If the responsible party does not timely abate a recycling facility found to be in violation of this chapter and does not seek timely judicial review pursuant to Cal. Code of Civil Proc. § 1094.6, the Director may proceed the impoundment of the offending recycling facility.
(H) Unless otherwise specified, all notices shall be sent by registered mail to the registrant at the address shown on the registration, if such registration has been completed, and at his or her last-known address.
(I) The city may seek recovery of any abatement expenses pursuant to the procedures set forth in §§ 6.26.110 through 6.26.130 and Chapter 6.27.
(J) The remedies set forth in this section are not exclusive and do not prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.
('86 Code, § 23.47.060) (Ord. 4110, passed - - ; Am. Ord. 4583, passed 6-27-11)