HomeMy WebLinkAboutOrdinance #3902 ORDINANCE NO. 3902
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 8.43.030 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO EMERGENCY RESPONSE COSTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.43.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.43.030 Costs of Emer2ency Response. Rates to cover the costs of services provided by this
section are as follows:
(a) The following rates shall be charged for recovery of costs associated with
hazardous materials mitigation and/or clean up and investigation, including, but not limited to,
pipeline (i.e., gas, sewer, septic to sewer and water pipelines) and/or power line incidents and
other emergency incidents:
(1) Hazardous materials mitigation and/or clean up and investigation costs
shall be determined on a case-by-case basis by the Fire Chief,his/her designee or third party
billing service in an amount not to exceed the amount directly incurred by the City to provide
such service, including, but not limited to, reasonable costs of collecting such rates, including
reasonable attorneys fees. Such cost shall be charged according to the usual, customary and
reasonable rates as set by a schedule of rates adopted by Resolution of the City Council.
(b) Persons Subject to Charges. Except as provided herein, the foregoing charges
shall be charged to any person or persons whose negligent or willful act is the cause of any
release or discharge of any hazardous materials, including, but not limited to,pipeline and/or
power line incidents. Costs shall also be charged for any other emergency incident.
(c) Non-Exclusive Remedies. Nothing in this section precludes the City of
Huntington Beach from using any other available method to recover costs as described in this
section by any other means available by law.
10-2466.003/53053 1
Ordinance No. 3902
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of November , 2010.
Ma r
ATTEST: APPROVED AS TO FORM:
City Jerk City Attorney �' q
G
REVIE 'AND APPROVED: INITIATED AND APPROV D:
ty Idministrator Fire Chief
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Ord. No. 3902
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on November 1,2010, and was again read to said City Council at a
regular meeting thereof held on November 15,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper,Green, Dwyer, Hansen
NOES: Hardy, Bohr
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 25,2010..
In accordance with the City Charter of said City
p A of Joan L. Flynn Ci1y Clerk CWy Clerk and ex-officio lerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California