SEC. 974.16. HOLDING PERIOD EXEMPTION (CONTINUED).

   A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain the said metals in his junk yard if said metals were purchased from a public utility or a government agency and payment is made for the metals by check drawn on an account of the junk dealer and made payable to the public utility company or government agency from which the metals hereinabove mentioned were purchased.

(Added by Ord. 136-75, App. 4/14/75)

* Editor's Note:
   Ordinance 69-05 redesignated the referenced Sec. 974.14 as Sec. 974.14-1. Division (b) of that section formerly concerned ferrous metals but was amended to its current state by Ord. 2-13.

SEC. 974.17. HOLDING PERIOD EXEMPTION (CONTINUED).

   A junk dealer shall not be required to retain nonferrous metals or those ferrous metals mentioned in Section 974.14(b)* in the same condition as purchased or retain such material at his junk yard for a period of five working days if said metals were purchased from a firm having a fixed place of business and said firm has been at the same location for more than two years and payment is made to said firm by a check drawn on an account in the name of the junk dealer and made payable to the company from which the metals hereinabove mentioned were purchased.

(Added by Ord. 136-75, App. 4/14/75)

* Editor's Note:
   See the Editor's Note following Sec. 974.16.

SEC. 974.18. REPEALED.

(Added by Ord. 136-75, App. 5/14/75; repealed by Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.19. REPEALED.

(Added by Ord. 136-75, App. 4/14/75; repealed by Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.20. COMPUTATION OF TIME.

   In computing the number of days for the retention of metal pursuant to the provisions of this Article, the day of purchase shall not be counted, nor shall Saturdays, Sundays or days declared to be holidays by Section 6700 or 6701 of the Government Code of the State of California be counted.

(Added by Ord. 136-75, App. 4/14/75)

SEC. 974.21. PENALTY AND ENFORCEMENT.

   (a)   In addition to the remedies and enforcement mechanisms provided for by provisions of state and local law including Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code, the City Attorney may enforce the provisions of this Article through a civil action in any court of competent jurisdiction.

      (1)   The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate any nuisance caused by a failure to comply with this Article.

      (2)   In any civil court action brought by the City Attorney to enforce this Article in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all applicable Persons all of its costs of investigation, enforcement, abatement, and litigation.

      (3)   The Prevailing Party in any court action to abate a violation pursuant to this Article shall be entitled to reasonable attorneys' fees.

   (b)   Nothing in this Article shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law.

(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)