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Any person who accumulates or permits the accumulation of litter and/or abandoned building material, as herein defined, on property on which it is prohibited by the terms of this article, shall be deemed to commit the offense of creating a public nuisance by the action and the designated City officials are hereby authorized to enter into and upon the real estate to abate the nuisance.
(Ord. 2624-B, passed 4-10-1978)
A dangerous or hazardous substance or material defined as any substance which is spilled, leaked or otherwise released from its container, which in the determination of the Fire Chief or his authorized representative is dangerous or harmful to the environment or human or animal life, health or safety, or is obnoxious of odor, or is determined by the City to constitute a danger or threat to the public health, safety or welfare; and shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.
(Ord. 3138, passed 6-25-1990)
It shall be the duty of any person or any other entity which causes or controls leakage, spillage or any other dissemination of dangerous or hazardous substances or materials to immediately remove it and clean up the area of the spillage in such manner that the area involved is fully restored to its condition before the happening.
(Ord. 3138, passed 6-25-1990)
Any such person or entity which fails to comply with § 30-30.4 hereof shall be liable to and shall pay the City for its costs and expenses, including the costs incurred by the City to any party which it engages, for the complete abatement, clean up and restoration of the affected area. Costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including workers’ compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the City; and cost of any contract labor and materials.
Costs under this section shall not include actual fire suppression services which are normally provided by the City.
(Ord. 3138, passed 6-25-1990)
If any person or entity fails to reimburse the City as above provided, and such person or entity is the owner of the affected property, the City shall have the right and power to add any and all costs of cleanup and restoration to the tax roll as to the property, and to levy and collect the costs in the same manner as provided for the levy and collection of real property taxes against the property. The City shall also have the right to bring an action in the appropriate court to collect the costs if it deems such action necessary.
(Ord. 3138, passed 6-25-1990)
This chapter shall not be construed to repeal, suspend or modify the provisions of any other provision of this Code or any other ordinance of the City relating to the abandonment or keeping of items or materials of any kind which are hazardous to public health, safety or welfare upon any premises, nor to hinder or limit availability of injunction against the storage, accumulation or maintenance of the items or materials.
(Ord. 2624-B, passed 4-10-1978)
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