Chapter 8.28
HAZARDOUS MATERIALS
Sections:
Article 1. Underground Storage
8.28.010 Code adopted by reference.
8.28.030 Violations—Penalties.
Article 2. Hazardous Materials Cleanup
8.28.060 Winters fire district to clean up.
8.28.070 Hazardous substance or waste defined.
8.28.080 Costs incurred by city.
8.28.090 Authority to recover costs.
Article 1. Underground Storage
8.28.010 Code adopted by reference.
The following code is adopted by reference: Chapter 11 of Title 6 of the Yolo County Code, three copies of which are now on file in the office of the city clerk. (Ord. 83-07 § 1 (part))
8.28.020 Enforcement.
The code shall be enforced by the Yolo County director of public health or designee. (Ord. 83-07 § 1 (part))
8.28.030 Violations—Penalties.
A. Any person who shall violate any of the provisions of this code shall be punished as provided in Section 11-1.112 of the Yolo County Code, Title 6, Chapter 11.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 83-07 § 1 (part))
8.28.040 Interpretation.
This article is enacted for the public health, safety, and welfare, and the provisions of this article shall be liberally construed to obtain the beneficial purpose thereof. (Ord. 83-07 § 1 (part); prior code § 6-7.04)
8.28.050 Liability.
The provisions of this article shall not be construed as imposing upon the city any liability or responsibility for damage to persons or property resulting from defective construction or work, nor shall the city or any official or employee thereof be held as assuming any liability or responsibility by reason of the inspections and monitoring authorized therein. (Ord. 83-07 § 1 (part); prior code § 6-7.04)
Article 2. Hazardous Materials Cleanup
8.28.060 Winters fire district to clean up.
The Winters fire district is authorized to clean up or abate the effects of any hazardous substance or waste deposited upon on into property or facilities within the city; and any person or person show intentionally, negligently or failure to act to cause such deposit shall be liable for the payment of all costs incurred by the city as a result of such cleanup or costs incurred by the city as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law. (Ord. 2003-29 § 1: Ord. 85-04 § 1 (part))
8.28.070 Hazardous substance or waste defined.
For purposes of this article “hazardous substance or waste” shall be defined in Section 108125a, 108125b, 108125c, and 108125d of the Health and Safety Code of the state California. (Ord. 2003-29 § 2: Ord. 85-04 § 1 (part))
8.28.080 Costs incurred by city.
For purposes of this article, costs incurred by the city shall include, but shall be limited to, the following: actual labor costs of city personnel, including worker’s compensation benefits, fringe benefits, and administrative overhead; cost of equipment operation; cost of materials obtained directly by the city; cost of any contract labor and materials; and cost of legal expenses in recovering the above costs. (Ord. 85-04 § 1 (part))
8.28.090 Authority to recover costs.
The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department. (Ord. 85-04 § 1 (part))