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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)
(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)
If the Chief of Police determines based on reasonable cause that any business operated under a junk dealer permit poses an immediate threat to the safety of the employees or the public, the Chief shall have the authority to immediately suspend the permit and to immediately withdraw approval for an authorized agent. The Chief shall provide notice to the permit holder within one week of the suspension as to a date for a revocation hearing. The revocation hearing must be held within 45 days of the suspension or withdrawal of approval absent an agreement of the permit holder to voluntarily continue the hearing date and extend the period of suspension or withdrawal of approval.
(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)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or ineffective.
(Added by Ord. 136-75, App. 4/14/75)