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HomeMy WebLinkAboutOrdinance #1091 ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH RELATING TO DUST AND INDUSTRIAL WASTE: ADDING ARTICLE 313 AND NEW SECTIONS THEREOF TO THE, HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Article 313 is hereby added to the Huntington Beach Ordinance Code, to read in words and figures as follows: ARTICLE 313 DUST AND INDUSTRIAL WASTE Section 2. That the following new sections are hereby added to Article 313: Section 3131. Definition: Industrial Waste: Any and all liquid or solid waste substance insewage from any processing or man- ufacturing of whatever nature. Section 3132. It shall be unlawful for any person, firm, or corporation to permit, maintain, or create a situtation wherein the dust or industrial waste on any property under his, her, or its control, creates a public nuisance. Section 3132. 1 Whenever there exists in any place within the City of Huntington Beach a public nuisance created by industrial 1. Ord. No. 1091 waste or dust , the Health Officer shall notify in writing the record owner or person having control or possession of such place or premises to abate such nuisance. Section 3132.2 The notice shall direct the owner or person in control or possession of the place or premises , within the time specified in said notice, to abate the nuisance and to perform any and all work necessary.-to prevent the recurrence thereof in the places or premises specified in the notice. Section 3132.3 The notice shall be served upon the owner of record or person having control or possession of the place or premises upon which the nuisance exists , or upon the agent of either. Section 3132.4 Notices may be served by anyperson auth- orized by the Health Officer for such purpose in the same manner as a summons in a civil action. Section 3132.5 Upon the neglect or refusal of the owner, or person having control or possession of any place or premises to comply with the notice to abate, the Health Officer may abate such nuisance and the owner of such place or premises , or the person having control or possession thereof, shall be liable to the City of Huntington Beach for the costs of such abatement which may be recovered in a civil action. Section 3132.6 In the event the Health Officer elects to abate any such nuisance , he shall serve or cause to be served upon the record owner or the person in control or possession of the premises a "Notice of Intention to Abate" and if a hear- ing is not requested before the City Council as hereinafter pro- vided within ten (10) days after service of said "Notice of 2. Ord. No. 1091 Intention to Abate" , the Health Officer may proceed to abate any such nuisance as hereinabove provided. Section 3132.7 The request for hearing shall be in writing and be filed with the City Clerk, Notice of the time and place where the City Council will consider, the matter shall be mailed by the City Clerk to the applicant and to the Health Officer. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence relating to the matter as offered by the applicant and by the Healt4 Officer. Upon the conclusion of the hearing the City Council shall deter- mine whether or not a condition contrary to the provisions of this article exists and whether or not the Health Officer may abate. Section 3132.8 Any owner or person having control of any place or premises upon which there is a public nuisance created by industrial waste or dust , who refuses or neglects to abate the same or to take corrective measures to pre-cent its recur- rence in accordance with the written notice from the Health Officer within the time specified in said notice , shall be guilty of a misdemeanor and subject to punishment upon convic- tion thereof by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail or by both such fine and imprisonment. Section 3132.9 Provisions of this article in reference to abatement are to be construed as an added remedy of abate- ment of the nuisance hereby declared and not in conflict or derogation of any other actions or preceedings or remedies" otherwise provided by law. 3. Ord. No. 1091 .Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News , a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 5th day of October, 1964. Ma-yor l/ ''TTEST y: City gerk APPROVED AS TO- FORM: James D. Plunkett , City Attorney 4. Ord. No. 1091 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex.=officio Clerk of the City Council os said City, do hereby certify that the whole number of members of the _City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of September , 1964, was again read to said City Council at a regular meeting thereof held on the 5th day of October 1964, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Welch, Gisler, Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: Stewart City Clerk and e ficio Clerk of the City Council of the Cityof Huntington Beach, California. -