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A. Public nuisance cessation. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require a reprocessable construction/demolition material facility to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by the presence, treatment or storage of any reprocessable construction/demolition material, or other activity on the premises, in violation of this article, a reprocessable construction/demolition material facility permit or its conditions or the rules and regulations promulgated hereunder; or (ii) the facility is being operated without a required permit. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment.
B. Public nuisance abatement. Any unpermitted reprocessable construction/demolition material facility shall be deemed and is hereby declared to be a public nuisance and an ordinance violation and shall be subject to the abatement procedures provided in Section 11-4-025 of this Code. If the commissioner determines that such nuisance has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue the owner an emergency abatement order or may abate the nuisance, in accordance with the provisions of Section 11-4-025 of this Code. If the commissioner determines that such a nuisance has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may provide the owner with a written order to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's order to abate, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code. Such abatement shall be in addition to the fines and penalties herein provided.
C. Fines. Except as otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code. In addition to any other penalty provided by law, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.
(Added Coun. J. 6-23-93, p. 34796; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 11)
Whenever used in this article, unless the context otherwise requires, the following words and phrases shall have the following meanings:
“Durable products” are products that have a design lifespan of three years or more.
“Reusable” means that the product or package was designed to be used a minimum of five times for its original intended purpose. This includes products that are designed to be recharged, repaired, serviced, cleaned or refilled, or have recyclable parts or materials so as to permit repeated uses.
“Waste prevention” means a reduction in the quantity and/or toxicity of solid waste achieved through the implementation of practices including, but not limited to: reuse of products and packaging; expansion of repair and maintenance programs for products; use of remanufactured products; purchase of durable products; reduction in the use of products or packaging through the purchase of products in bulk or concentrate; and reduction in the purchase of products or packaging that contain or use toxic materials.
(Added Coun. J. 9-14-94, p. 56187)
(a) Each city department shall practice waste prevention, wherever possible. On a biannual schedule, the department of streets and sanitation shall review the waste prevention activities of each city department and prepare a report that summarizes the impact of those activities.
(b) To reduce the volume of paper purchased, all city departments shall use both sides of paper sheets used for copying and printing purposes on documents that exceed five pages in length. Each city department shall ensure that all staff are informed of this requirement.
(Added Coun. J. 9-14-94, p. 56187; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 6-6-12, p. 28356, § 27; Amend Coun. J. 11-8-12, p. 38872, § 201)
ARTICLE XVI. FLAMMABLE LIQUID TANK REGULATIONS (11-4-2090 et seq.)
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