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(a) Except as provided in subsection (b), any person violating any provision of this chapter shall be deemed guilty of an infraction.
(b) A person convicted of a third or subsequent violation of this chapter within two years from the date of the first conviction shall be deemed guilty of a misdemeanor.
(c) Each day on which a violation occurs or continues shall constitute a separate offense.
(Amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 6466 (N.S.), effective 12-2-82; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) It shall be the duty of the Director of DEHQ or their authorized agent, and that of the Director of Environmental Health or their authorized agent, as applicable, when necessary to secure the public health, to enter upon the premises or in the house or other place of any person to discover or inspect any nuisance that may there exist, to inspect drains, vaults, cellars, cesspools, water closets, privies, or sewers, or the yards of such premises, to examine into their condition, and when satisfied that any such premises, house or place used for lodging or other purposes are improperly constructed or liable from overcrowding or filth to become dangerous to the public health, or to disseminate contagious or infectious disease, or are not provided with privies, water closets or with sewers, drains or cesspools properly tapped, they or any of them shall serve a written Notice and Order to Abate upon the owner or other person in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code or any other procedure permitted by law.
(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Whenever a nuisance endangering, in the opinion of the Director of DEHQ or their authorized agent, and that of the Director of Environmental Health or their authorized agent, as applicable, the public health shall be ascertained to exist on any premises, or in any house or other place in any city, town or township, the Director shall notify in writing any person or persons owning or having control of, or acting as agent for, such premises, house, or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice. The notice may be given in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code or any other procedure permitted by law.
(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Upon the neglect or refusal of any owner, occupant or agent, or other person having control of such house, or other place to comply with such notice, the Director DEHQ or the Director of Environmental Health may abate such nuisance, and the owner, agent, or occupant, or other person having control of such house, or place, in addition to the penalty provided by this chapter, shall be liable to the County for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction or in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code.
(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Emergency response expenses and costs and the costs of emergency response services incurred by the Department of Environmental Health and Quality (hereinafter "DEHQ"), or incurred in support of DEHQ by other County departments, or incurred by other agencies acting in conjunction with DEHQ as part of the Unified San Diego County Emergency Services Organization (USDCESO), may be recovered by the Director as provided in Title 6, Division 8, Chapter 8 of this Code (commencing with Section 68.801). Recovery of these expenses and costs as provided in that Chapter is authorized by Section 104.13 of the California Fire Code (as amended and adopted in this County), by Sections 13009.6 and 25515 of the California Health and Safety Code, by Title 5, Division 2, Part 1, Chapter 1, Article 8 of the Government Code (commencing with Section 53150), and by Section 364.1 of the County Administrative Code, each as and when applicable.
(Added by Ord. No. 8010 (N.S.), effective 12-26-91; amended by Ord. No. 8825 (N.S.), effective 8-12-97; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
State law reference(s)--Hazardous substances, Health and Safety Code, § 25316, Labor Code, § 6382; hazardous wastes, Health and Safety Code, §§ 25515, 25117.