Chapter 14.20
COST RECOVERY FOR PROTECTIVE SEWER SERVICES
Sections:
14.20.020 Sewage spills are unlawful.
14.20.030 Reimbursements required.
14.20.050 Notice to responsible party.
14.20.060 Action by city council.
14.20.010 Purpose.
The purpose of this chapter is to establish procedures for obtaining reimbursement from responsible persons for the expenses of any emergency response by the city to protect the public from sewage spills and other health and safety concerns related to sewage. (Ord. 338 § 1, 2005)
14.20.020 Sewage spills are unlawful.
In accordance with the Health and Safety Code Section 4476, a person who causes or allows to overflow any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. SBMC 1.16.010(D) states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the city and that the violation of any regulatory provision of the city’s code constitutes a public nuisance. (Ord. 338 § 1, 2005)
14.20.030 Reimbursements required.
A person who acts negligently or in violation of the law and thereby requires the city to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the city for the costs incurred. If the person does not immediately correct the cause and/or the resulting health and safety problem, then the city is hereby authorized to correct the problem situation at the person’s expense. (Ord. 338 § 1, 2005)
14.20.040 Report.
City personnel involved in an emergency response shall submit a report to the city engineer indicating:
A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the city and the basis of the determination regarding responsibility. (Ord. 338 § 1, 2005)
14.20.050 Notice to responsible party.
A. If it is reasonably likely that the party identified in the report is responsible for reimbursing the city, the city engineer may submit a demand to the identified party. The city engineer is authorized to accept a reasonable offer of reimbursement.
B. The city engineer may set the matter for administrative hearing by the city council. Notice of the date set for hearing and the report shall be sent to the person or entity to be charged together with a copy of administrative hearing procedures contained in the Solana Beach Municipal Code. (Ord. 338 § 1, 2005)
14.20.060 Action by city council.
If the matter is referred to the city council for administrative hearing, the city council shall, by resolution:
A. Confirm or disallow the charge, in full or in part;
B. Determine the amount of the reimbursement owed by the party to the city; and
C. Direct that the city commence collection proceedings against the party. (Ord. 338 § 1, 2005)