Title 8
HEALTH AND SAFETY
Chapters:
8.04 Food Establishments
8.08 Garbage Collection and Disposal
8.10 Noise
8.12 Nuisance Abatement
8.16 Debris Boxes
8.18 Smoking and Tobacco Regulations
8.20 Disposing of Materials in Streets
8.24 Asphalt Heating Kettles
8.28 Trees
8.32 Water Wells
8.36 Urban Runoff Pollution Prevention
Chapter 8.04
FOOD ESTABLISHMENTS
Sections:
8.04.010 Definitions.
8.04.020 County health officer authority.
8.04.030 Food establishment certificate—Required.
8.04.040 Food establishment certificate—Issuance requirements—Expiration-Transferability.
8.04.050 Employees to be certified or approved.
8.04.060 Inspections—Standards applicable.
8.04.070 Food establishment certificate—Suspension and revocation conditions.
8.04.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A. "Employee" means any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving or display, or who comes in contact with food equipment, utensils or machinery. The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.
B. "Food" means all articles used for human consumption as food, drink, confectionery or condiment, whether simple or compound.
C. "Food establishment" means any building, room, stand, vehicle, enclosure, place, space or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served or displayed, except that private dwellings in which food is handled by and for only the occupants of those dwellings and their household question are not included in this definition.
D. "Health officer" means the health officer of the county, or the authorized representative of the health officer. (Ord. 77-17 § 1, 1977.)
8.04.020 County health officer authority. The health officer for the City shall be the health officer of Marin County. (Ord. 77-17 § 2, 1977.)
8.04.030 Food establishment certificate—Required. It is unlawful for any person to operate any food establishment in the City without a valid certificate issued by the health officer. Such certificate shall be displayed prominently in the place of business for which it is issued. (Ord. 7717 § 3, 1977.)
8.04.040 Food establishment certificate—Issuance requirements—Expiration—Transferability. No certificate to operate a food establishment shall be issued until all of the provisions of this Chapter and of the California Restaurant Act, and all of the rules and regulations of the State Board of Public Health, have been complied with. The certificate shall expire six months after date of issuance. A certificate is not transferable upon change of ownership of a food establishment. (Ord. 77-17 § 4, 1977.)
8.04.050 Employees to be certified or approved. After the issuance of any certificate under this Chapter and during the full life of such certificate, no person shall be employed in such food establishment except those whom the health officer shall have cleared or approved at the time of such certification, or other personnel who shall have been certificate or approved by him thereafter, but prior to commencing work. (Ord. 77-17 § 7, 1977.)
8.04.060 Inspections—Standards applicable. Inspections under this Chapter shall be based upon provisions of the California Restaurant Act and on rules and regulations of the State Board of Public Health, and subsequent modification thereof. (Ord. 77-17 § 6, 1977.)
8.04.070 Food establishment certificate—Suspension and revocation conditions. A certificate may be suspended by the health officer for violation of any provision of this Chapter, but not until after the holder has been given the opportunity for a hearing before the health officer. After the hearing, a reasonable time shall be allowed by the health officer for correction of the violations. During that correctional period the certificate may be suspended, and the food establishment may be ordered closed during the suspension if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the certificate shall then be revoked. (Ord. 77-17 § 5, 1977.)
Chapter 8.08
GARBAGE COLLECTION AND DISPOSAL
Sections:
8.08.010 Purpose of provisions.
8.08.020 Definitions.
8.08.030 Refuse and garbage—Disposal requirements generally.
8.08.040 Rules and interpretation of terms—City Manager authority.
8.08.050 Collection service—Duty of owner or occupant to subscribe.
8.08.060 Private garbage receptacles required.
8.08.070 Receptacles—Placement restrictions.
8.08.080 Improper use of public refuse receptacles prohibited.
8.08.090 Transportation requirements for refuse and garbage.
8.08.100 Collection contract—City authority.
8.08.110 Collection contract—Terms and conditions.
8.08.120 Contractor—Scope of responsibility—Liability insurance required.
8.08.130 Contractor—Performance bond required.
8.08.140 Contractor—Exclusive rights described.
8.08.150 Collector to establish routes and time for collection—Filing.
8.08.160 Collector—Duties described—City Manager-Police Administrator supervisory authority.
8.08.170 Interfering with collection activities prohibited.
8.08.180 Collection service—Rates and charges—Restaurant service.
8.08.190 Exceptions to Chapter applicability.
8.08.200 Emergency removal of trash.
8.08.210 Administration and enforcement—City Manager-Police Administrator authority.
8.08.010 Purpose of provisions. The purpose of this Chapter is to prevent actual or potential public health hazards and nuisances by the regulation of the accumulation, collection and disposal of garbage and the licensing of persons engaged therein. (Ord. 77-22 § 2, 1977.)
8.08.020 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A. "Dwelling" means each rentable unit in an apartment building or flat shall be considered as a separate dwelling, and no two or more producers of garbage shall use the same container.
B. "Garbage" means kitchen refuse, including all swill, refuse and accumulation of animal, fish, fowl, fruit or vegetable foodstuffs. Such term shall also include waste matter and rubbish such as, but not limited to, leaves, wood scrap, tin cans, scrap metal, ashes, cinders, sweepings, chips, waste paper, pasteboard, grass, straw, wearing apparel, shoes, hats, crockery, bottles, glass, metal receptacles, plaster, cement, inorganic refuse and anything thrown away as worthless, or any refuse whatever, whenever any thereof, or part thereof, is accumulated for disposal. (Ord. 77-22 § 1, 1977.)
8.08.030 Refuse and garbage—Disposal requirements generally. A. It is unlawful for any person to keep, deposit, bury or dispose of any garbage, except as provided in this Chapter, in or upon any private property, public street, alley, sidewalk, gutter, park, upon the banks of any stream or creek in the City, or in or upon any of the waters thereof; and every person having the obligation of the disposal of garbage as provided in this Chapter shall dispose of the same only in the manner provided in this Chapter through the official garbage collector of the City.
B. Any person may dispose of accumulation of leaves, papers, chips, grass, brush or other dry weeds by removal by other than the official garbage collector or by burning the same, but then only upon permission of the City Manager or his authorized representative, and subject to other applicable laws. (Ord. 77-22 § 3, 1977.)
8.08.040 Rules and interpretation of terms—City Manager Police Administrator authority. The City Manager-Police Administrator shall make such rules and interpretation of the terms of this Chapter not inconsistent herewith as may be necessary, reasonable and proper to effect the proper, expedient, economical and efficient collection and removal of garbage, wet garbage, rubbish or refuse by the garbage collector. (Ord. 76-3 § 1 (part), 1976; Ord. 77-22 § 10 (part), 1977.)
8.08.050 Collection service—Duty of owner or occupant to subscribe. Every tenant, lessee or occupant of any private dwelling house or premises, ark, barge or watercraft; the keeper, operator or manager of any hotel, restaurant, eating house, boardinghouse, yacht club, yacht harbor or other building or place where meals are furnished; the owner of every flat or apartment house; and the owner or proprietor of every business house or store shall have the garbage collection service by the official garbage collector of the City at least once each week, and shall pay such official garbage collector for garbage collection service at the monthly rates provided in this Chapter therefor. (Ord. 77-22 S4, 1977.)
8.08.060 Private garbage receptacles required. It shall be the duty of every tenant, lessee, owner or occupant of any private dwelling house or premises, ark, barge or watercraft; the keeper, operator, or manager of every hotel, restaurant, eating house, boardinghouse, yacht club, yacht harbor or other building or place where meals are furnished; the owner, tenant, lessee or occupant of every flat or apartment house; every tenant, lessee, operator or owner of every grocery, butcher shop or business house or store; and every person having garbage to be disposed of to provide, without expense to the City, and at all times to keep within such building or on the premises suitable and sufficient watertight cans or receptacles not to exceed thirty-gallon capacity, with suitable bails or handles, and each having a tight fitting cover, for receiving and holding, without leakage or escape of odors, and without being filled to within four inches of the top, all the garbage which would ordinarily accumulate on such premises in such time as would ordinarily elapse before the same would be removed by the official garbage collector, or otherwise disposed of, as provided in this Chapter; and all such cans shall be so placed and kept as to be readily accessible for removing and emptying the garbage therefrom and where they will not be a public nuisance or in any degree offensive. (Ord. 77-22 § 5, 1977.)
8.08.070 Receptacles—Replacement restrictions. No refuse receptacle other than that owned by the City shall be placed or kept in or on any public street, sidewalk, footpath or any public place whatsoever, but shall be placed on the premises so as to be easily accessible for removing and emptying by the refuse collector. (Ord. 77-22 § 6, 1977.)
8.08.080 Improper use of public ref use receptacles prohibited. It is unlawful for any person to place or cause to be placed in any public receptacle owned by the City and located upon public streets or in public places any refuse originating within or upon any private property within the City. (Ord. 77-22 § 7, 1977.)
8.08.090 Transportation requirements for refuse and garbage. A. No garbage or rubbish shall be removed and carried on and along the streets and alleys of the City, unless the same is carried, conveyed or hauled in conveyances so constructed as to be dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of such conveyances shall be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys and adjacent lands.
B. No wet garbage shall be removed and carried on or along any street or alley of the City, unless the same is transported in watertight containers with proper covers so that the garbage shall not be offensive, and every such container shall be kept clean and such garbage shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement.
C. Every truck used in the collection or removal of garbage, wet garbage and rubbish shall be kept well painted and clean inside and out; and in a prominent place on each truck the name of the contract agent and the truck number shall be displayed. (Ord. 77-22 S8, 1977.)
8.08.100 Collection contract—City authority. The City Council may, with or without having invited bids therefor, enter into a contract with any responsible person for the collection, removal or disposal of garbage accumulated within the City. The term of such contract, rates of collection, and other provisions of such contract shall be as provided by resolution of the City Council. Where such a contract has been entered into between the City and a contractor for the collection, removal and disposal of garbage, and such contractor shall have satisfactorily performed such contract, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall provide by resolution. (Ord. 77-22 § 11, 1977.)
8.08.110 Collection contract—Terms and conditions. A. The term of a contract awarded under this Chapter shall be for not more than fifteen years from the date of the signing of the contract; provided, that the contract may provide for an option to extend such contract for an additional ten years. The contractor shall notify the City within ninety days, in writing, prior to the termination of the first period in order to exercise such option.
B. The contract shall provide that the contractor shall be required to dispose of all garbage and rubbish, save and excepting wet garbage, at a dump satisfactory to the City. (Ord. 77-22 § 12, 1977.)
8.08.120 Contractor—Scope of responsibility—Liability insurance required. The garbage collector contracted with, in accordance with this Chapter, shall be considered as and shall be an independent contractor and shall be responsible to the City for the result of his work to be done, but shall act under his own directions as to the manner of performing this work; and he shall keep himself and all of his employees insured against all liability and state workmen's and employees' insurance, compensation and safety laws and against public liability and property damage, including all such liability for use or operation of motor vehicles used in the performance of work hereunder. Such public liability insurance shall be to the extent of one hundred thousand dollars for the death or injury of one person, and three hundred thousand dollars for the death or injury of more than one person, as well as property damage insurance to the extent of ten thousand dollars. Evidence of such insurance shall be filed with the City upon request. (Ord. 77-22 X14, 1977) .
8.08.130 Contractor—Performance bond required. The person to whom a contract shall be awarded under this Chapter shall file with the City a bond for the faithful performance of the contract in the sum of ten thousand dollars. (Ord. 77-22 § 15, 1977.)
8.08.140 Contractor—Exclusive rights described. An award of contract under this Chapter shall confer upon the person to whom the contract is awarded the exclusive right as garbage collector under this Chapter, during the terms of the contract, to collect, transport and dispose of garbage collected within the City, subject only to such exceptions as are specifically set forth herein; and all provisions of this Chapter applicable to the garbage collector shall constitute and be a part of any contract awarded hereunder. (Ord. 77-22 X16, 1977.)
8.08.150 Collector to establish routes and time for collection—Filing. The garbage collector shall establish routes, days and hours for collection of garbage, rubbish and refuse, and may change the same from time to time. When such routes, days and hours are established or changed, the same shall be filed with the City Manager-Police Administrator, and shall be subject to his approval. (Ord. 76-3 § 1 (part), 1976; Ord. 77-22 918, 1977.)
8.08.160 Collector—Duties described—City Manager-Police Administrator supervisory authority. The collector shall provide garbage pickup service to all persons situated within the City, provided that payment for service is made. The City Council may establish standard regulations for the methods of collection of garbage service charges, including the enforcement thereof. The City Manager-Police Administrator shall supervise the collection and removal of all garbage, rubbish and refuse by the garbage collector. (Ord. 76-3 § 1 (part), 1976; Ord. 77-22 § 13, 1977.)
8.08.170 Interfering with collection activities prohibited. It is unlawful for any person in any manner to interfere with the collection and disposal of refuse, garbage or rubbish by any person authorized by license or contract to collect and dispose of the same. (Ord. 77-22 § 10 (part), 1977.)
8.08.180 Collection service—Rates and charges—Restaurant service. A. A charge shall be collected by the garbage collector from every user of such service, at rates to be established by contract between the City and the official garbage collector, such rates to be subject to change upon approval of and agreement between the City and the garbage collector as per the schedule of rates provided for services rendered under this Chapter, except as otherwise provided.
B. All restaurants shall have daily service and shall pay a minimum charge per month for such service, and all cans shall be maintained in a sanitary manner. (Ord. 77-22 § 17, 1977.)
8.08.190 Exceptions to Chapter applicability. With the exception that the sanitary requirements of this Chapter shall be complied with, the provisions herein shall not apply to persons collecting dead animals, bones or meat scraps for tallow plants, or industrial wastes. (Ord. 77-22 § 19, 1977.)
8.08.200 Emergency removal of trash. Nothing in this Chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the health officer or City Manager-Police Administrator to constitute a health menace of such nature as necessary to be ordered by either of such officers to be promptly removed. (Ord. 76-3 § 1 (part), 1976; Ord. 77-22 § 9, 1977.)
8.08.210 Administration and enforcement—City Manager-Police Administrator authority. The City Manager-Police Administrator is hereby specifically required to enforce the provisions of this Chapter and has the right of entering any premises for the purpose of determining whether the provisions of this Chapter are being conformed with, and any person denying or obstructing such entry shall be in violation of law. The health officer shall supervise all matters in connection with garbage or rubbish disposal that concern the public health. (Ord. 76-3 § 1 (part), 1976; Ord. 77-22 § 10 (part), 1977.)
Chapter 8.10
NOISE
Sections:
8.10.010 Purpose.
8.10.020 Prohibition against excessive noise.
8.10.030 Prohibition against portable gasoline engine powered blowers.
8.10.040 Prohibited noise generation.
8.10.050 Prima facie violations during quiet time.
8.10.060 Enforcement—Violation.
8.10.010 Purpose. It is hereby declared to be the policy of the City of Belvedere, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of Belvedere from excessive, unnecessary and unreasonable noises. The provisions of this Chapter and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the City. (Ord. 2006-3 § 3 (part), 2006.)
8.10.020 Prohibition against excessive noise. It is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, and it is unlawful for any person in ownership or control of any premises to knowingly permit a violation of this section upon said premises. (Ord. 2006-3 § 3 (part), 2006.)
8.10.030 Prohibition against portable gasoline engine powered blowers. It is unlawful for any person within the City limits at any time to operate any portable machine powered with a gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. (Ord. 2006-3 § 3 (part), 2006; Ord. 87-3 § 1 (part), 1987.)
8.10.040 Prohibited noise generation. Loud, unnecessary or unusual noises prohibited by Section 8.10.020 shall include, but not be limited to, the following:
A. Radios, stereo equipment, musical instruments, amplified sound, etc. Using, operating, or permitting to be used or operated any radio, stereo, musical
instrument, amplifier, or other machine or device for the producing or reproducing of sound, in such manner as to disturb the peace, quiet and comfort of a reasonable person of normal sensitivity residing in the area, or at any time at a louder volume than is necessary for convenient hearing for the person or persons in the structure, vehicle or premises in which such machine or device is operated and who are voluntary listeners thereto;
B. Power and construction tools. Using, operating or permitting to be used or operated, any power tool or construction tool in such manner as to unreasonably disturb the peace, quiet and comfort of a reasonable person of normal sensitivity residing in the area. Notwithstanding the foregoing, the use of power or construction tools in connection with a valid building permit issued by the City shall be subject to the terms and conditions and laws applicable to that permit;
C. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing so as to annoy or disturb the quiet, comfort, or repose of persons residing in the vicinity. (Ord. 2006-3 § 3 (part), 2006.)
8.10.050 Prima facie violations during quiet time. The conduct of any loud, unnecessary or unusual noises prohibited by section 8.10.020 between the hours of 9 p.m. and 7 a.m. Sunday through Thursday and 11 p.m. to 7 a.m. Friday and Saturday in such a manner as to be plainly audible at a distance of fifty (50) yards from the structure, vehicle, or premises in which it is located shall be prima facie evidence of a violation of this Chapter. (Ord. 2006-3 § 3 (part), 2006.)
8.10.060 Enforcement--violation. Any person violating any of the provisions of this Chapter shall be guilty of an infraction, punishable as provided in Chapter 1.12 of this Code or by any remedy available to the City under this Code or under State law. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 2006-3 § 3 (part), 2006; Ord. 87-3 § 1 (part), 1987.)
Chapter 8.12
NUISANCE ABATEMENT
Sections:
8.12.010 Nuisances designated.
8.12.015 Abatement by repair, rehabilitation, demolition or removal.
8.12.020 Abatement procedures—Established—Statutory authority.
8.12.025 Recovery of attorneys' fees.
8.12.030 Notice—Posting and service requirements-Form.
8.12.040 Proposed abatement—Hearing required—City Council authority.
8.12.050 Abatement by City—Procedures generally-Proceeds from sale or salvage.
8.12.060 Abatement by City—Costs—Reports—Hearing-Assessed as lien when.
8.12.070 Abatement by City—Authority to have work performed by contract-Requirements.
8.12.080 Summary abatement.
8.12.090 Declaration of nuisance by judicial decree.
8.12.100 Judicial relief.
8.12.110 Alternative remedy.
8.12.010 Nuisances designated. The provisions of this Chapter shall be applicable to any condition defined as a nuisance by this Code, by any other ordinances or resolutions of the City Council, or by statutes of the state. Additionally, it shall be unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential or commercial property in the City to maintain the property in such a manner that any of the following conditions are found to exist thereon:
A. Land, the topography, geology, or configuration of which, whether in a man-made state or as a result of grading operations, excavation, removal of a structure, or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties, or which violates state or federal regulations or local ordinances regarding stormwater runoff;
B. Buildings or structures constructed without applicable permits or approvals, or which are partially destroyed or are permitted to remain in a state of partial construction for more than twelve months from initial issuance of the building or demolition permit without evidence of substantial construction activity leading to the completion of the permitted work in a timely manner;
C. Doorways, windows or other openings into vacant structures which are not secured and maintained from public access;
D. Accumulated trash and debris;
E. Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed property which:
1. Creates a danger to public health, safety and welfare, or
2. Blocks or obstructs a sidewalk, street, driveway or alley;
F. Landscape features failing to meet minimum levels of maintenance and care as follows:
1. Landscape irrigation pipes and sprinkler heads, where installed, shall be maintained in good working order so as to cover all landscaped areas without creating excessive runoff,
2. All walls, fences, trash enclosures and other structures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which either (I) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured or partially ruined appearance;
G. Maintenance of the premises in a manner so out of harmony or conformity with the maintenance standards of adjacent properties as to cause material diminution of the enjoyment, use or property values of such adjacent properties;
H. Storage on private property of products which are items of commerce that are stored as part of conducting a private business, and which are visible from a public right-of-way or neighboring properties;
I. Except in fully enclosed garages, the parking or storage of abandoned or nonoperational motor vehicles, boats, trailers or motorcycles, or operational motor vehicles, boats, trailers, or motorcycles which have been placed on blocks or otherwise immobilized;
J. Private sewer lines which have been determined to be illegally connected or in a leaking, broken or clogged condition;
K. Any attractive nuisance dangerous to children including, but not limited to:
1. Any swimming pool, pond, spa or other body of water or excavation which is abandoned, unattended, unfiltered, or is otherwise unsafe, or does not conform to City or state statutes regulating pool safety enclosures,
2. Buildings which are abandoned, partially destroyed or left for a period of over twelve months in a state or partial construction without substantial construction activity,
3. Abandoned, neglected or broken motor vehicles, boats, machinery or equipment;
L. Performance of work, other than emergency repairs or minor maintenance which will be completed in seventy-two hours or less, on motor vehicles, vehicle engines or parts, boats, trailers, or household fixtures or appliances, on a public right-of-way, or performance of such work in yard areas of residential properties so as to be visible from a public right-of-way or neighboring properties;
M. Use of the public right-of-way for temporary or permanent storage and/or cleaning of commercial kitchen appliances or utensils;
N. Docks which are in a deteriorated condition resulting in the threat of breaking loose from their moorings, or which have broken loose from their moorings, or which have loose, broken or missing planks;
O. Storage on private property of construction vehicles or materials for more than thirty days without evidence of substantial construction activity taking place;
P. Abandoned utility lines. (Ord. 95-3 § 1, 1995; Ord. 76-4 § 1 (part), 1976; prior code § 13A-2.)
8.12.015 Abatement by repair, rehabilitation, demolition or removal. All or any part of private property found, as provided herein, to constitute a public nuisance shall be abated by repair, rehabilitation, demolition or removal pursuant to the procedures set forth herein, or, when applicable, pursuant to other provisions of state or local law, including the Uniform Housing or Building Codes adopted by the City in Title 16 of this Code. (Ord. 95-3 § 2, 1995.)
8.12.020 Abatement procedures—Established—Statutory authority. Pursuant to Sections 38771 and 38773, et seq., of the Government Code of the state, the City Council establishes the procedures set forth in this Chapter for the purpose of abatement of public nuisances. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or state laws when applicable, including but not limited to the Uniform Housing Code, or abating public nuisances in any other manner provided by law. (Ord. 95-3 § 3, 1995; Ord. 76-4 § 1 (part), 1976; prior code § 13A-1.)
8.12.025 Recovery of attorneys' fees. At the initiation of any action, administrative proceeding or special proceeding to abate a nuisance under this Chapter, the City may elect to seek recovery of its attorneys' fees incurred in such action or proceeding. If the City so elects, then the prevailing party in such action or proceeding shall be entitled to recover its attorneys' fees from the other party; provided, however, that in no event shall any prevailing party be entitled to recover an amount of attorneys' fees which exceeds the amount of reasonable attorneys' fees which the City has incurred in the action or proceeding. (Ord. 98-7 § 1, 1998.)
8.12.030 Notice—Posting and service requirements-Form. A. Upon determining that a nuisance may exist, the City Manager, building official or other appropriate enforcement authority may conspicuously post notices on the property on which the nuisance exists, as follows:
1. One notice to each separately owned parcel of property of not over fifty feet frontage;
2. Not more than two notices to any such parcel of one hundred feet frontage or less;
3. Notices at not more than one hundred feet apart if the frontage of such a parcel is greater than one hundred feet.
B. The notice shall also be mailed to each person to whom such described property is assessed on the last equalized municipal assessment roll available on the date the resolution was adopted by the City Council
C. The notices posted shall be posted and mailed at least fifteen days prior to the time for hearing objections by the City Council.
D. Such notice shall be substantially in the following form:
"ORDER TO SHOW CAUSE RE: ABATEMENT OF PUBLIC NUISANCE.
"TO: :
"YOU ARE HEREBY NOTIFIED to appear before. the Belvedere City Council on the day of 19 , at 450 San Rafael Avenue, Belvedere, California, at the hour of o'clock m., or as soon thereafter as the matter may be heard, and show cause, if any you have, why that certain , should not be condemned as a public nuisance and said nuisance be abated by its removal or , and why the cost of such abatement should not be assessed upon the property from which the nuisance is abated, such cost to constitute a lien upon said property until paid.
"DATED this day of , 19 .
“City Clerk"
E. If the City elects to seek recovery of its attorneys' fees incurred in the nuisance abatement action or proceeding, the notice required by this Section shall also give notice that such attorneys' fees will be included in the costs of abatement to be assessed upon the property. (Ord. 98-7 § 2, 1998; Ord. 76-4 § 1 (part) 1976; prior code § 13A-3.)
8.12.040 Proposed abatement—Hearing required—City Council authority. At the time stated in the notice given pursuant to this Chapter, the City Council shall hear and consider all evidence, objections or protests, if any, regarding the existence and proposed abatement of such public nuisance. The hearing may be continued from time to time. The City Council shall, after considering all evidence, protests or objections, render a decision as to the existence of a nuisance, such decision to be by resolution and shall contain findings of fact and a determination of the issues presented. After final action is taken by the City Council finding that a public nuisance exists, the council shall by resolution order an appropriate City officer to abate the nuisance. The City Council may further order that the costs of any such abatement will be assessed upon the property from which the nuisance is abated and that such costs shall constitute a lien upon such property until paid. If, pursuant to Section 8.12.030E, the City has given notice that it will seek to recover its attorneys' fees incurred in the nuisance abatement action or proceeding, then the City Council may include the amount of attorneys' fees incurred by the City as part of the costs to he assessed upon the property under this Section. The decision of the City Council is final. (Ord. 98-7 § 3, 1998; Ord. 76-4 § 1 (part), 1976; prior code § 13A-4.)
8.12.050 Abatement by City—Procedures generally-Proceeds from sale or salvage. Following the passage of any resolution directing the abatement of a nuisance, the City officer authorized to abate such nuisance may direct any officer or his assistant, deputy, employee, contracting agent or other representative to enter upon private property for the purpose of abating the public nuisance. Should it be practicable to sell or salvage any material procured from such abatement, it may be sold at private or public sale at the best price obtainable, and an itemized account of the proceeds shall be maintained by the authorized City officer. Such proceeds, if any, shall be deposited in a general fund of the City and shall be credited against the cost of abatement as provided for in this Chapter. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-5.)
8.12.060 Abatement by City—Costs—Report—Hearing—Assessed as lien when. A. The City officer abating a nuisance under this Chapter shall keep an account of the cost of abatement and shall render an itemized written report to the City Council, showing the cost of removing or abating the nuisance.
B. Before the report is submitted to the City Council, a copy shall be posted for at least three days in the manner provided for in Section 8.12.030, with a notice of the time when the report will be submitted to the City Council for confirmation. A copy of the account and notice shall also be mailed to the owner of the property at the address shown on the last equalized assessment roll at least ten days prior to submission to the City Council.
C. At the time fixed for receiving and considering the report, the City Council shall hear it and any objections by the property owners liable to be assessed for the work of abatement. Thereupon the City Council may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed.
D. The cost of such abatement upon confirmation by the City Council, constitutes a special assessment against the property and a personal liability of the owner of such property. After, the assessment is made and confirmed, it is a lien upon the parcel. Such lien shall attach upon recordation in the office of the county recorder of a certified copy of the resolution of confirmation.
E. After confirmation of the report, a certified copy shall be given to the assessor and tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the property for municipal purposes.
F. A certified copy shall also be given to the county auditor, who shall enter the assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.
G. All laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment taxes. The City Council may enforce the personal liability of the owner, as aforesaid, by directing the City attorney to file suit in a court of competent jurisdiction to collect the cost of abatement. (Ord. 76-4 § 1 (part), 1976; prior
code § 13A-6.)
8.12.070 Abatement by City—Authority to have work performed by contract—Requirements. Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the council on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37935, inclusive, of the Government Code of the state. In such event, the contractor shall keep the account and submit the itemized written report for each separate parcel of land, required by Section 8.12.060. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-7.)
8.12.080 Summary abatement. A. Notwithstanding any of the provisions of this Chapter, a public nuisance which is an emergency and which, if unabated, constitutes a threat to the public safety, health and welfare, may be summarily abated upon the determination of the City Manager-Police Administrator that such nuisance exists and does, in fact, constitute a threat to the public safety, health and welfare.
B. Upon such determination, the City Manager-Police Administrator may direct any officer of the City, or his assistant, deputy, employee or contracting agent, or other representative, to enter upon private property for the purpose of abating the public nuisance. Should it be practicable to sell or salvage any material procured from such abatement, it may be sold at public or private sale at the best price obtainable, and an itemized account of the proceeds shall be maintained by the City Manager-Police Administrator. Such proceeds, if any, shall be deposited in a general fund of the City and shall be credited against the cost of abatement as provided for in this Chapter.
C. Such summary abatement is not subject to the procedures set forth in Sections 8.12.030 through 8.12.050. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-8.)
8.12.090 Declaration of nuisance by judicial decree. If a public nuisance has been declared by judicial decree, after the defendant receives notice of entry of judgment as prescribed by law, and the time within which an appeal may be filed has expired, all procedures of Sections 8.12.050 and 8.12.060 shall be applicable and shall be followed in the same manner as if a resolution of the City Council had been passed declaring a public nuisance to exist. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-9.)
8.12.100 Judicial relief. Following the passage of any resolution finding that a nuisance exists, the City Council, in lieu of directing the abatement by the appropriate City officer, as provided above, may direct the City attorney to file an action in a court of competent jurisdiction seeking judicial relief to abate the nuisance. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-10.)
8.12.110 Alternative remedy. The procedures and remedies set forth in this Chapter are an alternative to any other procedure allowed by law. (Ord. 76-4 § 1 (part), 1976; prior code § 13A-11.)
Chapter 8.16
DEBRIS BOXES
Sections:
8.16.010 Debris box defined.
8.16.020 Use authorized when.
8.16.030 Permit—Required for placement.
8.16.040 Permit—Issuance fee—Attachment.
8.16.050 Permit—Period of validity and penalties.
8.16.060 Permit—Liability conditions.
8.16.070 Permit—Revocation conditions.
8.16.080 Placement requirements.
8.16.090 Reflectors and striping required.
8.16.100 Owner identification information. required.
8.16.110 Covers required for transporting.
8.16.010 Debris box defined. "Debris box" means any portable nonvehicular container offered by its owner for use as a means of disposal of waste materials by being placed for loading in, and by being transported through, the streets of the City. (Prior code § 17A-1; Ord. 162 NS (part), 1970.)
8.16.020 Use authorized when. Debris boxes shall be used only for the following purposes:
A. The unloading and transporting of excavated and waste materials derived from the construction, reconstruction, alteration, or demolition of real property structures;
B. The removal of debris and waster materials not required by law to be otherwise disposed of by owners, lessees or occupants of real property. (Prior code § 17A-2; Ord. 162 NS (part), 1970.)
8.16.030 Permit—Required for placement. No person, firm or corporation shall place such a debris box or boxes, or permit the same, in any street or sidewalk areas of the City without first obtaining an encroachment permit therefor from the City. A permit shall be required for every debris box whether or not such box will be used to serve a project for which a building permit or encroachment permit, or both, has been issued. (Ord. 92-6 § 1 (part), 1992; Ord. 76-3 § 1 (part), 1976; prior code § 17A-3; Ord. 162 NS (part), 1970.)
8.16.040 Permit—Issuance fee—Attachment. Each permit for each box shall be issued upon payment of a fee, the amount of which shall hereafter be fixed by City Council resolution. (Ord. 92-6 § 1 (part), 1992; Ord. 82-5 § 7, 1982; prior code § 17A-4 (part); Ord. 162 NS (part), 1970.)
8.16.050 Permit—Period of validity and penalties. Each debris box permit shall be valid only for the period covered by the permit. The period of the permit shall be reasonable and may be regulated by the City's representative. It shall be the responsibility of the permittee to renew a debris box permit when it expires. A penalty shall be assessed to renew all permits which have expired and have not been renewed. Likewise, a penalty shall be assessed for failure to obtain an encroachment permit for debris box placement. A violation of any such regulations shall constitute an infraction. The location of debris box placement shall be at the sole discretion of the City. (Ord. 92-6 §I (part), 1992; Ord. 76-3 § 1 (part), 1976; prior code § 17A-4 (part); Ord. 162 NS (part), 1970.)
8.16.060 Permit—Liability conditions. Each permit for a debris box shall provide that it is granted on the condition that the permittee shall indemnify and save harmless the City and its officers and employees from any and all claims, losses, damages, injuries and liabilities, howsoever the same may be caused and regardless of the negligence of the City, resulting directly or indirectly from the presence of the debris box on the street, and that the acceptance of the permit shall bird the permittee to so indemnify and save harmless the City and its officers and employees. (Prior code § 17A-5; Ord. 162 NS (part), 1970.)
8.16.070 Permit—Revocation conditions. The City is authorized to revoke a debris box permit when the public interest or convenience is best served by such action. Within twenty-four hours after notification by the City's representative of a permit revocation, the debris box shall be removed from the street area by its owner or by the person, firm or corporation who caused the debris box to be placed. If said debris box is not removed within twenty-four hours of notification, the City shall levy a fee against the property owner and/or his agents who caused the debris box to be placed. This fee shall be equal to appropriate encroachment permit fees for that period until the box is removed. No further permits shall be issued for that location until the conditions which have caused the revocation of the permit shall have been abated to the satisfaction of the City. (Ord. 92-6 § 1 (part), 1992; Ord. 76-3 § 1 (part), 1976; prior code § 17A-4 (part); Ord. 162 NS (part), 1970.)
8.16.080 Placement requirements. A debris box shall not obstruct the free passage or use of any street or sidewalk or otherwise constitute a public nuisance. It shall be placed in the area of the street parallel to the curb or edge of the street with its outer edge no more than eight feet from the face of the curb or edge of the street, and it shall be placed in such a position so as to allow a minimum twelve-foot width of paved roadway on such street for unobstructed passage of vehicles. No debris box shall be placed in the sidewalk area without permission of the City or on private property without permission of the private property owner. (Ord. 92-6 § 1 (part), 1992; Ord. 76-3 § 1 (part), 1976; prior code § 17A-6; Ord. 162 NS (part), 1970.)
8.16.090 Reflectors and striping required. There shall be installed, on the exterior of the ends of each debris box, four reflective-type warning devices, each having a red reflecting area of at least three inches in diameter. The devices shall be so placed that one device shall be located near each edge that abuts the side of the box and so that they shall be no less than twenty-four inches or more than forty-eight inches from ground level. (Prior code § 17A-7; Ord. 162 NS (part), 1970.)
8.16.100 Owner identification information required. The name, address, telephone number and the owner's debris box identification number shall be clearly imprinted on both sides of each box in a pattern approved by the City Manager. Imprinting other than such identification of the owner, and posting of advertisements, are prohibited. (Ord. 76-3 §l(part), 1976; prior code § 17A-8; Ord. 162 NS (part), 1970.)
8.16.110 Covers required for transporting. All contents of a debris box shall be completely covered at all times while being transported through the City streets. (Prior code § 17A-9; Ord. 162 NS (part), 1970.)
Chapter 8.18
SMOKING AND TOBACCO REGULATIONS
Sections:
8.18.010 Findings and purpose.
8.18.020 Definitions.
8.18.030 Application to City-owned vehicles and facilities.
8.18.040 Prohibition of smoking in public places.
8.18.050 Regulation of smoking in places of employment.
8.18.060 Smoking—optional areas.
8.18.070 Posting of signs.
8.18.080 Regulating the sale of tobacco products.
8.18.090 Enforcement.
8.18.100 Violations and penalties.
8.18.110 Nonretaliation.
8.18.120 Public education.
8.18.130 Government agency cooperation.
8.18.140 Other applicable laws.
8.18.010 Findings and purpose. A. The City Council of the City of Belvedere finds that:
1. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution;
2. Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the U.S. Environmental Protection Agency, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers, particularly to children and teens, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;
3. Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease;
4. Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke cause the death of at least fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers;
5. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;
6. Persons, particularly employees, have a right to a smoke-free environment if they desire;
7. Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses;
8. Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.;
9. The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;
10. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.;
11. The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin.
B. Accordingly, the City Council finds and declares that the purposes of this Chapter are:
1. To protect public health, safety and general welfare by prohibiting tobacco smoking in public places and places of employment;
2. To guarantee the right of nonsmokers to breathe tobacco-smoke-free air, and to recognize that the need to breathe tobacco-smoke-free air has priority over the desire to smoke.
C. The City Council further finds it is within its basic police power to implement and enforce the provisions of this Chapter. (Ord. 93-1 § 1 (part), 1993.)
8.18.020 Definitions. The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
A. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar" for the purpose of this definition does not include any bar where smoke can filter into a restaurant through a passageway, ventilation system or any other means.
B. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
C. "City" shall mean the City of Belvedere.
D. "Cocktail lounge" means a bar within a restaurant which is not the sole means of public access to the dining areas, is not the sole waiting area for dining patrons, prohibits minors, has a separate ventilation system, and is enclosed.
E. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
F. "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
G. "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides or windows (exclusive of doors or passageways) which extends from the floor to the ceiling, including all space therein screened by portions which do not extend to the ceiling or are not solid, such as "office landscaping" or similar structures.
H. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" within the meaning of this Section.
I. "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
J. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility.
K. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rooms. A private residence is not a "public place."
L. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or bar if said cocktail lounge or bar is a "bar" as defined in this Section.
M. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
N. "Self-service displays" means open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
O. "Separate ventilation system" means a system which is exhausted to the outside and negatively pressurized.
P. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
Q. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.
R. "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
S. "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.
T. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Ord. 93-1 § 1 (part), 1993.)
8.18.030 Application to City-owned vehicles and facilities. All City-owned vehicles, including jitneys and buses and other means of public transit under the authority of the City, and all enclosed facilities owned and controlled by the City, including any council, board, commission and agency of the City, shall be subject to the provisions of this Chapter. (Ord. 93-1 § 1 (part), 1993.)
8.18.040 Prohibition of smoking in public places. A. Except as otherwise provided, smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:
1. Elevators;
2. All means of public transit under the authority of the City, and boarding and waiting areas of public transit depots;
3. Restrooms;
4. Service lines;
5. Retail stores;
6. All areas available to and customarily used by the general public in all business and nonprofit entities patronized by the public, including but not limited to offices (such as attorneys, doctors and other professionals), and banks;
7. Restaurants, provided:
a. Cocktail-lounge areas within restaurants that sell alcoholic beverages shall be exempted. Within one year of the passage of the ordinance codified in this Chapter, such areas must meet the standards of "cocktail lounge" as defined herein,
b. One-half of contiguous seating in outdoor food areas, when clearly posted, may be exempted;
8. Bars;
9. Public areas of museums when open to the public;
10. Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production;
11. Every room, chamber, place of meeting or public assembly, under the control of any board, council, commission, committee (including joint committees) or agencies of the City, or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City;
12. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, clinics, physical therapy, mental health, and drug and alcohol treatment facilities, doctors and dentists offices;
13. Lobbies, hallways and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes and other multiple-unit residential facilities;
14. Lobbies, hallways and other common areas in multiple-unit commercial facilities;
15. Polling places.
B. Notwithstanding any other provisions of this Section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. (Ord. 93-1 § 1 (part), 1993.)
8.18.050 Regulation of smoking in places of employment. A. Within ninety days of the effective date of the ordinance codified in this Chapter, each employer having an enclosed place of employment located within the City shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, class rooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.
B. The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
C. All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment.
D. "No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms.
E. All employers shall supply a written copy of the smoking policy to any existing or prospective employee.
F. Places of employment exempt from the prohibition on smoking in other Sections of this Chapter shall also be exempt from this Section. (Ord. 93-1 § 1 (part), 1993.)
8.18.060 Smoking—Optional areas. A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:
1. Private residences, except when used as a child care or health care facility;
2. Retail tobacco stores;
3. Fully enclosed restaurants, conference or meeting rooms and private assembly rooms which are equipped with a ventilation system which conducts air to the outside, while these places are being used for private functions; provided, however, that fifty percent of these areas are designated nonsmoking;
4. An enclosed place of employment which employs only the owners and no other employee, provided that:
a. The place of employment is not a public place, and
b. The enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place.
B. Notwithstanding any other provision of this Section, any owner, operator, manager or other person who controls any establishment described in this Section may declare that entire establishment as a nonsmoking establishment. (Ord. 93-1 § 1 (part), 1993.)
8.18.070 Posting of signs. A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye level, or other places where smoking is regulated by this Chapter, by the owner, operator, manager or other person having control of such building or other place.
B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. (Ord. 93-1 § 1 (part), 1993.)
8.18.080 Regulating the sale of tobacco products. A. Any person, business, tobacco retailer or other establishment subject to this Chapter shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED." The letters of said signs should be at least one quarter inch high.
B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this Chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age.
C. It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold or offer for sale any tobacco product by means of self-service displays or by any other means other than vendor-assisted sales.
D. No person, business, tobacco retailer or other establishment subject to this Chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of the ordinance codified in this Chapter shall be removed within thirty days after said effective date.
E. Any person, business, tobacco retailer, or owner, manager of operator of any establishment subject to this Chapter who violates any provision of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in Penal Code Section 308(a). (Ord. 93-1 § 1 (part), 1993.)
8.18.090 Enforcement. A. Notice of these regulations shall be given to all applicants for a business license.
B. Enforcement of this Chapter shall be implemented by the City Manager or his/her designee.
C. Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the City Manager or his/her designee.
D. The county health department shall require, while an establishment is undergoing otherwise mandated inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this Chapter have been complied with;
E. County health inspectors, on their regular restaurant inspections, shall check for compliance with signposting requirements. Restaurants shall be notified in writing of any violations on the standard health inspection report. Further, such violations shall be reported in writing by the county health department, on a quarterly basis, to the City Manager where such violations occur.
F. Notwithstanding any other provision of this Chapter, a private citizen may bring legal action to enforce this Chapter. (Ord. 93-1 § 1 (part), 1993.)
8.18.100 Violations and penalties. A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under Section 8.18.040 of this Chapter to fail to comply with any of its provisions.
B. It is unlawful for any person to smoke in any area where smoking is prohibited under Section 8.18.040 by the provisions of this Chapter.
C. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this Chapter who violates any provision of this Chapter, other than Section 8.18.080, shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Government Code Section 36900. (Ord. 93-1 § 1 (part), 1993.)
8.18.110 Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke free environment afforded by this Chapter. (Ord. 93-1 § 1 (part), 1993.)
8.18.120 Public education. The county department of health shall engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this Chapter. (Ord. 93-1 § 1 (part), 1993.)
8.18.130 Government agency cooperation. The City Manager shall annually request other governmental and educational agencies having facilities within the City to establish local operating procedures in cooperation and compliance with this Chapter. This includes urging all federal, state, county and school district agencies to update their existing smoking-control regulations to be consistent with current health findings regarding environmental tobacco smoke. (Ord. 93-1 § 1 (part), 1993.)
8.18.140 Other applicable laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 93-1 § 1 (part), 1993.)
Chapter 8.20
DISPOSING OF MATERIALS IN STREETS
Sections:
8.20.010 Sweeping and washing of debris and petroleum products into street prohibited—Disposal requirements.
8.20.020 Depositing waste building materials in streets or storm drainage system prohibited.
8.20.030 Swimming pool drainage—Restrictions—Permit required.
8.20.010 Sweeping and washing of debris and petroleum products into street prohibited—Disposal requirements. No person shall wash, sweep or brush any waste, trash or rubbish, grease, oil or similar petroleum products, chemicals or other toxic substances from sidewalks, driveways, courtyards, service yards or service station premises, or from any private premises, into the public streets, roadways, gutters or storm drainage system. Such materials shall be collected in suitable containers and disposed of as refuse. (Prior code § 19-6; Ord. 177 NS § 1 (part), 1972.)
8.20.020 Depositing waste building materials in streets or storm drainage system prohibited. A. No contractor or other person shall wash, sweep, brush or place any paint, paint thinner, cement, cement residue, sand or sand and
gravel onto the public streets, roadways or gutters, or into the storm drainage system.
B. All such materials shall be disposed of in such a manner that they will not enter the storm drainage system. (Prior code § 19-7; Ord. 177 NS § 1 (part), 1972.)
8.20.030 Swimming pool drainage—Restrictions—Permit required. A. No person shall drain or permit to be drained to a public street any swimming pool owned or controlled by such person unless and until a permit so to do has been obtained from the City Engineer. Such permits shall be issued upon appropriate application therefor, accompanied by such fee as may have been prescribed by resolution of the City Council, and upon the City Engineer determining that the time and place when and where such pool draining will be allowed will not be detrimental to the public interest or welfare, will not result in any undue hazard or inconvenience to the public, and will not result in any damage to public or private property.
B. Whenever a storm drainage system is located such that it would not be necessary to acquire special easements to connect thereto, it shall be required to connect the pool drain to the storm drainage system. (Prior code § 19-8; Ord. 177 NS §l (part), 1972.)
Chapter 8.24
ASPHALT HEATING KETTLES
Sections:
8.24.010 Transport of lighted asphalt-heating kettles prohibited.
8.24.020 Violation—Penalty.
8.24.010 Transport of lighted asphalt-heating kettles prohibited. It is unlawful for any person, firm or corporation to move or transport any lighted asphalt-heating kettles, or any other instrumentality used for the purpose of heating asphalt, tar, petroleum, bituminous products, or carbonaceous materials, within the limits of the City. (Prior code § 14-8; Ord. 31 NS § 1, 1939.)
8.24.020 Violation—Penalty. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.12 of this Code. (Ord. 31-NS § 2, 1939.)
Chapter 8.28
TREES[1]
Sections:
8.28.010 Purpose of provisions.
8.28.020 Definitions.
8.28.030 Personal injury and property damage hazards—City staff member designated-Report—Complaints—Notice to correct—Appeals—Correction costs.
8.28.035 Unreasonable obstruction prohibited.
8.28.040 Remedy for unreasonable obstruction of view or sunlight—Maximum extent of view or sunlight restoration—Informal attempt to alleviate obstruction—Complaint of obstruction—Mediation—Binding arbitration—Litigation.
8.28.050 Adjudication of complaint of obstruction by arbitrator or court.
8.28.060 Extent of view—Sunlight restoration.
8.28.070 Standards for resolution of disputes.
8.28.080 Principles governing determination of corrective work required.
8.28.090 Allocation of costs of correction—Funds in escrow—Attorneys’ fees.
8.28.100 Access to property.
8.28.110 Responsibility for damages.
8.28.120 Procedures for corrective tree work.
8.28.130 Enforcement.
8.28.140 Trees on City-owned property.
8.28.010 Purpose of provisions. This Chapter is adopted for the following purposes:
A. To provide reasonable regulations for the control of the hazards of personal injury and property damage resulting from uncontrolled growth of trees, stumps and shrubs;
B. To prevent the diminution in enjoyment and value of private property caused by the growth of trees, shrubs or hedges that unreasonably obstruct the view from or sunlight reaching such property;
C. To promote and maintain the assessed values of private property for tax purposes;
D. To promote and maintain the aesthetic value of the community generally;
E. To encourage informal resolution of tree/view/ sunlight disputes between neighbors, to provide guidelines for such resolution, and to provide alternative remedies in those situations where neighbors are unable to resolve their dispute themselves. The City encourages the affected neighbors to make every attempt to resolve the issue in a timely, neighborly and amicable manner;
F. To encourage prompt efforts to resolve tree/view/ sunlight complaints, in the interests of providing reasonable notice to the tree owner of a potential or existing view or sunlight obstruction and minimizing the work required to correct such obstruction. (Ord. 98-8 § 1 (part), 1998.)
8.28.020 Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A. "City" means the City of Belvedere.
B. "Complainant" means any owner of real property in the City of Belvedere who alleges that one or more trees, shrubs or hedges located on another property in the City of Belvedere are an unreasonable obstruction of his or her view or sunlight.
C. "Hedge" means any plant material, trees, stump growth or shrubbery planted or growing in a dense continuous line so as to form a thicket barrier, or living fence.
D. "Personal injury or property damages hazard" means trees and limbs of trees, which by reason of either their size or location, condition, root structure or natural tendencies, are liable to fall upon public streets or upon structures built upon adjacent private property; and any plant growth protruding into roadways and obstructing clear vision from automobiles driving along public or private streets and any growth creating a blind intersection.
E. "Shrubs" or "shrubbery" means a woody perennial plant smaller than a tree, usually having permanent stems branching from or near the ground.
F. "Stump growth" means a new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.
G. "Tree" means a perennial plant having a permanent, woody, self-supporting main stem or trunk ordinarily growing to a considerable height, such as eucalyptus, cypress, pine, fir, oak and acacia.
H. "Tree owner" means any owner of real property in the City of Belvedere, upon whose land is located one or more trees, shrubs or hedges which a complainant alleges have become an unreasonable obstruction of the complainant's view or sunlight.
I. "Unreasonable obstruction" as used in this Chapter means an obstruction of view or sunlight that impairs the economic value, use or comfortable enjoyment of a parcel of real property and is caused by the growth of trees, shrubs or hedges on another parcel of property, the adverse effect of which growth can be reduced or eliminated without material impairment of the economic value, privacy, use or comfortable enjoyment of the property on which it exists, or the aesthetic value of the community generally. The view from or sunlight reaching a parcel shall not be assumed to be unreasonably obstructed simply because it is partially impeded. Maintenance of an unreasonable obstruction of view or sunlight constitutes a public nuisance.
J. "View" means a scene or vista which includes, but is not limited to, one or more of the following: Mt. Tamalpais, Belvedere, Tiburon, San Francisco Bay and/or its environs, the bridges, neighboring communities, and surrounding hills. The term "view" is not intended to mean an unobstructed panorama of all or any of the above. (Ord. 988 § 1 (part), 1998.)
8.28.030 Personal injury and property damage hazards—City staff member designated—Report—Complaints—Notice to correct—Appeals—Correction costs. A. City Staff Member Designated to Handle Complaints. The superintendent of public works, or other staff member designated by the City Manager shall receive and investigate complaints or reports of personal injury or property damage hazards as set forth in this Section.
B. Reports by Superintendent of Public Works. It shall be the duty of the superintendent of public works to report to the City Manager the existence of any conditions of which he is made aware, which constitute a personal injury or property damage hazard on any property within the City.
C. Complaints by Citizens. Any resident or property owner may complain in writing to the City Manager of the existence of any alleged personal injury or property damage hazard from uncontrolled growth of trees, stumps, and/or shrubbery on property within the City. Promptly upon the receipt of such complaint the City Manager shall refer it to the superintendent of public works for a report whether in his or her opinion the conditions complained of constitute such a hazard. In the event the superintendent of public works does not or is unable to determine that a personal injury or property damage hazard exists on the property, the complainant shall be given the opportunity to deposit with the City such funds as shall hereafter be fixed by City Council resolution to defray the cost for the City to engage the services of a certified arborist for an opinion on the existence of any alleged hazard and a recommendation for correction thereof. Upon deposit of such funds, the superintendent of public works shall retain a certified arborist to render such a report.
D. Notice to Correct.
1. Immediate Danger from Hazard. For any case in which the superintendent of public works reports to the City Manager that there is an imminent and immediate danger of personal injury or property damage as a result of an alleged hazard's continued existence, the City Manager shall:
a. Send written notice, by ordinary mail or personal delivery, to the last owner of record of the property upon which the hazard is claimed to exist, ordering immediate correction of the hazard; or
b. Cause the hazard to be corrected, if it exists on public property or by summary abatement proceedings if the record property owner cannot be contacted or fails to immediately correct the hazard.
2. No Immediate Danger from Hazard; Appeal. In all other cases, the City Manager shall:
a. Cause the hazard to be corrected, if it exists on public property; or
b. Send written notice, by ordinary mail or personal delivery, to the last owner of record of the property upon which the hazard is claimed to exist, ordering correction of the hazard within thirty days, and advising that the property owner shall have the right to file a written appeal to the City Council within seven days of the date of the notice. Any such appeal will be set for hearing at the next available meeting of the City Council, at which time the property owner may present evidence showing why he or she should not be required to correct the alleged hazard. If the City Council determines that the existence of a hazard has been established, such hazard shall be declared to be a public nuisance and the City Council shall order the property owner to correct the hazardous condition within thirty days.
E. Costs of Correction. All work required to correct any personal injury or property damage hazard, including without limitation any associated cleanup work, shall be performed at the cost of the party owning the property on which the hazardous trees, stumps, and/or shrubbery grow. If any owner of private property fails to correct a hazard on his or her property within thirty days after the expiration of time for appeal from a notice to correct or after an appeal has been finally decided adverse to the property owner, the City Council may request that the City Manager or City attorney take all appropriate action to correct the hazard at the property owner's expense. The remedies provided in this Section shall be in addition to any other remedies available to the City under applicable law. (Ord. 98-8 § 1 (part), 1998.)
8.28.035 Unreasonable obstruction prohibited. Unreasonable obstruction of a view from or sunlight reaching a parcel of property is prohibited. (Ord. 98-8 § 1 (part), 1998.)
8.28.040 Remedy for unreasonable obstruction of view or sunlight—Maximum extent of view or sunlight restoration—Informal attempt to alleviate obstruction—Complaint of obstruction—Mediation—Binding arbitration—Litigation. A. Remedy for Unreasonable Obstruction of View or Sunlight. As provided in this Chapter, any complainant shall have the right to seek to preserve or restore views from or sunlight to his or her property in the City when such views or sunlight are unreasonably obstructed by the growth of one or more trees, shrubs or hedges on another property in the City.
B. Maximum Extent of View or Sunlight Restoration. No view or sunlight shall be considered unreasonably obstructed for purposes of this Chapter, nor be protected under this Chapter, where the claimed view or sunlight was available only through the temporary removal, whether by accident or act of nature, of trees, shrubs or hedges which previously obstructed such view or sunlight, unless such obstruction was otherwise unreasonable. Access to a view or sunlight does not run with the land as an easement.
C. Informal Attempt to Alleviate Obstruction. Any complainant who believes that growth on another property constitutes an unreasonable obstruction shall contact the owner of that property and attempt to reach agreement on corrective work necessary to alleviate the problem.
D. Complaint of Obstruction. Any complainant who has attempted to resolve the obstruction dispute informally as required in Subsection C of this Section, and who wishes to pursue arbitration or litigation under the authority of this Chapter, must first prepare a complaint of obstruction and serve it in person or by mail on the tree owner. The complaint of obstruction shall include:
1. A description of the nature and extent of the alleged obstruction and the location, by address, of the trees, shrubs or hedges allegedly causing the obstruction;
2. A statement that good faith efforts to resolve the dispute have been unsuccessful;
3. A reasonably detailed proposal of the work required to correct the obstruction;
4. Specification of a certified arborist that the complainant will employ in the event that the work is to proceed;
5. An offer to resolve the dispute by mediation through the office of Marin mediation services program or a similar service together with a statement as to whether the complainant is willing or not willing to submit the dispute to binding arbitration if mediation fails. The respondent shall have thirty days within which to respond to the offer of mediation and if the complainant has expressed willingness to submit the matter to binding arbitration if mediation fails whether the respondent is willing or not willing to do so; and
6. A statement of the date of service of the complaint of obstruction, in person or by U.S. mail, on the tree owner.
E. Mediation. Where both parties agree to mediate the complaint of obstruction, mediation shall be scheduled on the earliest possible date. The complainant and the tree owner shall equally share the cost of the mediation. If the parties to the mediation process resolve their differences then the mediator shall reduce their agreement to writing. This agreement shall be signed by each of the parties. Performance of the terms of the agreement shall be enforceable by a court of competent jurisdiction.
F. Binding Arbitration. In those cases where mediation is declined by the tree owner or fails, and both parties agree to binding arbitration, such arbitration shall proceed as set forth below.
1. Procedure for Arbitration. Within thirty days after the unsuccessful conclusion of mediation or the agreement to arbitrate, whichever is later, the parties shall agree in writing upon a specific arbitrator. If they are unable to agree, then the parties shall request that the American Arbitration Association, or another arbitration company agreeable to all parties, select an arbitrator. In all cases, whether the arbitration is to be performed by the American Arbitration Association or by another company agreed to by the parties, the arbitration shall be conducted according to the rules of procedure of the American Arbitration Association. The complainant shall provide the arbitrator with a copy of the complaint of obstruction, and the tree owner may provide the arbitrator with a written response to the complaint prior to the date of arbitration. The arbitrator may require either party to pay for and submit a report from a certified arborist. The parties shall equally share the cost of the arbitration.
2. Report of Arbitrator. The arbitrator shall submit a complete written report to the complainant and to the tree owner. This report shall include the arbitrator's findings with respect to the standards and guidelines set forth in Sections 8.28.070 and 8.28.080, a list of all mandated corrective actions, and a schedule by which the mandated actions must be completed. The complainant shall file a copy of the arbitrator's report with the City Manager for informational purposes only. Any decision of the arbitrator shall be enforceable pursuant to the provisions of Code of Civil Procedure Section 1285 et seq.
G. Litigation. Where binding arbitration is not agreed upon by the parties the complainant may file a civil action in the Marin County superior court to enforce the provisions hereof provided he has complied with all prior steps required by this Chapter. Such action must be filed within one hundred eighty days after service of the complaint of obstruction on the owner of the property on which the alleged obstruction exists, or if the parties have attempted to mediate the dispute within one hundred eighty days after the date of the conclusion of mediation, whichever is later. The complainant shall file a copy of the court's decision with the City Manager for informational purposes only. (Ord. 98-8 § 1 (part), 1998.)
8.28.050 Adjudication of complaint of obstruction by arbitrator or court. In any arbitration or litigation of a complaint of obstruction under this Chapter, the arbitrator or court shall use the provisions of this Chapter to reach a fair resolution of the complaint of obstruction. The complainant shall have the burden to establish, under the standards set forth in Section 8.28.070 of this Chapter that the alleged view or sunlight obstruction is unreasonable. The arbitrator or court shall determine the corrective action to be taken, or may order that no action be taken, may impose ongoing tree maintenance requirements on the parties to the dispute, and may, in cases of tree removal, require replacement plantings, where the evidence shows that such is required to fully and fairly balance the interests of all the parties to the action. (Ord. 98-8 § 1 (part), 1998.)
8.28.060 Extent of view—Sunlight restoration. In resolving a complaint of obstruction, the arbitrator or court shall limit the corrective work required, if any, to that work which the arbitrator or court considers necessary to provide a reasonable view or sunlight restoration under all the circumstances of the case. (Ord. 98-8 § 1 (part), 1998.)
8.28.070 Standards for resolution of disputes. In resolving any complaint under this Chapter, the arbitrator or court shall consider the benefits and burdens to both property owners derived from the alleged obstruction and the proposed corrective action, within the framework of the objectives of this Chapter. In addition, other factors which should be considered in determining whether the obstruction complained of is an unreasonable obstruction, shall include, but are not limited to, the following:
A. The impact of the view or sunlight obstruction on the complainant's property, including the extent to which the subject trees, shrubs or hedges are blocking the complainant's view or sunlight, and the claimed effect of the obstruction on the complainant's property;
B. The significance of the view or sunlight being obstructed in relation to the views and/or sunlight available to the entire property;
C. The extent to which the obstruction interferes with a preexisting solar energy system;
D. The extent to which the subject view or sunlight is obstructed or diminished by factors other than the subject trees, shrubs or hedges;
E. The significance of the trees, shrubs or hedges to the tree owner's property, including their visual quality and location, their use in visual, auditory or windscreening for the tree owner's privacy or benefit, and the overall impact of their removal or trimming;
F. Soil and slope stability provided by the trees, shrubs or hedges;
G. Energy or climate control provided by the trees, shrubs or hedges; and
H. The effect of the proposed corrective work on the health and vitality of the trees, shrubs or hedges involved. (Ord. 98-8 § 1 (part), 1998.)
8.28.080 Principles governing determination of corrective work required. In the event of arbitration or litigation of a complaint of obstruction, the arbitrator or court shall consider the following guidelines regarding whether corrective work is required and, if so, the nature and extent thereof.
A. Undesirable Trees. By reason of their tall height at maturity, rapid growth, dense foliage, shallow root structure, flammability, breakability, or invasiveness, certain types of trees have been deemed undesirable by the City, including blue gum eucalyptus, coast redwood, Monterey pine, Monterey cypress, poplar, acacia decurrens, acacia melanoxylon trees, or any other tree which generally grows more than three feet per year in height and is capable of reaching a height of over thirty-five feet at maturity. When considering corrective work for undesirable trees, aggressive action may be appropriate.
B. Stump growth. Stump growth generally results in various types of hazards, and should be discouraged.
C. Trimming. In determining corrective work on other than stump growth and hedges, to the extent it is feasible, corrective work should be limited to proper pruning and thinning techniques as specified by the International Society of Arboriculture.
D. Topping. Topping means the elimination of the upper portion of a tree's trunk or main leader. Topping normally should be limited to those instances in which it is essential to avoid hazards, unless other corrective measures are inadequate. Topping may be permitted in all instances where it is the only reasonable method of correcting an unreasonable view or sunlight obstruction.
E. Removal of Trees. Tree removal to the ground may be required where, by reason of the nature or number of trees growing on the same parcel, such removal is essential to eliminate an unreasonable view or sunlight obstruction or where such removal is desirable to prevent undue density or growth with the consequent danger of increase in fire hazard or aggravation of view impairment.
F. Hedges—Height Limitations. No hedge, as defined in Section 8.28.020, shall be permitted to grow to a height exceeding the authorized height of fences as set forth in this Code, if in so doing such hedge interferes with the view from or sunlight reaching any parcel of private property in the City. (Ord. 98-8 § 1 (part), 1998.)
8.28.090 Allocation of costs of correction—Funds in escrow—Attorneys' fees. A. In the case of hedges, the hedge is regarded as a "living fence." As such, the owner of the property upon which the hedge grows is responsible to maintain the hedge to comply with City fence height limitations. In the case of hedges, therefore, all work required to correct any obstruction, and associated cleanup work, shall be performed at the cost of the owner of the property upon which the hedge grows, unless otherwise agreed by the parties. In all other cases, the arbitrator or trial judge shall determine by whom the cost of any permitted corrective work, associated clean up work and any ongoing maintenance requirements shall be paid.
B. The party who is required to pay the costs of corrective work pursuant to this Chapter shall deposit the funds reasonably estimated to pay for such work with the City Manager, with written instructions calling for release of the funds to the persons or company performing the work upon completion of the work, submittal of a bill therefor, and receipt of written acceptance of the work by the complainant. Any portion of the deposit not required to satisfy the bill for the corrective work shall be returned immediately to the depositor.
C. The party responsible for payment of the cost of the work shall have the right to select the certified arborist who is to perform it. If the arbitrator's award or the trial judge's decision requires it the arborist shall prepare a written scope of the proposed work, including the time frame within which the work should be performed. The written scope of the proposed work shall be subject to the approval of the trier of fact.
D. As part of any award of costs hereunder, the arbitrator or judge may, in his or her discretion, order the losing party to pay all or part of the prevailing party's reasonable attorneys' fees incurred in the action. (Ord. 98-8 § 1 (part), 1998.)
8.28.100 Access to property. The party having the work performed shall give at least seven days notice of a time, within normal working hours, when he or she wishes to have the corrective work performed, and the owner of any property which is the subject of a final order or decision for correction shall give the arborist and complainant reasonable access for the purpose of effecting such correction. (Ord. 98-8 § 1 (part), 1998.)
8.28.110 Responsibility for damages. The party who is responsible for bearing the cost of any work hereunder shall be responsible for any damage caused by such work, including but not limited to the cost of removal of debris resulting therefrom. For this purpose, the tree owner may require that the complainant or the arborist performing the corrective work carry insurance or post a bond to protect against personal injuries or property damage occurring during the performance of the work. (Ord. 98-8 § 1 (part), 1998.)
8.28.120 Procedures for corrective tree work. Any action to trim or remove a tree within the City shall conform to the following requirements:
A. Tree trimming or removal shall only take place during the hours of eight a.m. to five p.m., Monday through Friday.
B. All debris shall be contained on-site and not allowed to enter any body of water nor storm drainage system. At the end of each day, a site which is the subject of tree trimming or removal activity shall be clean and free of cuttings or other debris associated with such activity.
C. Any tree removed on a sloping site shall immediately be replaced by adequate vegetation or other appropriate measure to stabilize the hillside.
D. Any tree-trimming or removal activity that will necessitate a road closure or may otherwise interfere with the normal flow of traffic shall not be undertaken until approved by the superintendent of public works. (Ord. 98-8 § 1 (part), 1998.)
8.28.130 Enforcement. Where pursuant to the process provided in this Chapter, a final arbitration award or court judgment determines that trees, shrubs or hedges growing upon private property constitute an unreasonable obstruction of view or sunlight, the tree owner shall, within the time required by the award or judgment and/or the arborist's scope of work, perform such corrective work as may be required of him or her, and/or allow access to the property by the complainant or his or her agents to perform the corrective work authorized by such award or judgment. The time for completion of such corrective work may be extended by agreement of the parties to the award or judgment. Any person who fails to comply with this provision shall be guilty of maintaining a public nuisance, and shall be subject to all the provisions of law pertaining thereto. (Ord. 98-8 § 1 (part), 1998.)
8.28.140 Trees on City-owned property. Any complainant who believes that the growth of trees, shrubs or hedges on City property constitutes an unreasonable obstruction shall notify the City Manager in writing setting forth the nature and extent of the obstruction and a reasonably detailed description of the work required to correct it. The City Manager shall send a copy of this notice to all property owners within three hundred feet of the claimed offending growth, together with a notice that if the property owner believes that such corrective work would adversely affect the value of his property he or she must, within thirty days of the date of mailing of the notice by the City, advise in writing both the City Manager and the complainant of this fact. If no property owner responds to this notice within the thirty-day period, the City Manager shall notify the complainant that he or she may proceed to perform the corrective work requested and the complainant may do so after notifying the City Manager of the date or dates on which the work will be performed. If any property owner responds to the notice and claims that the corrective work requested would have an adverse impact upon the value of his or her property, the procedures set forth in Section 8.28.040C et seq., shall be followed by the parties, with the responding property owner having all the rights, privileges and obligations of the tree owner therein. The City shall not be a party to the proceedings unless it elects so to be. In the event the parties cannot agree to a resolution of the problem and do not agree to binding arbitration, then the complainant may file an action for declaratory relief in the Marin County superior court. The City shall not be a necessary party to the action if it agrees to be bound by the court's determination of the dispute between the principals involved. (Ord. 98-8 § 1 (part), 1998.)
Chapter 8.32
WATER WELLS
Sections:
8.32.010 Purpose of provisions.
8.32.020 Policy.
8.32.030 Definitions.
8.32.035 Design standards.
8.32.040 Permit—Required for construction or remodeling.
8.32.050 Permit—Application requirements—Fees.
8.32.060 Permit—Issuance conditions.
8.32.070 Permit—Processing—Filing and recordation.
8.32.075 Common water supply restriction.
8.32.080 Inspection—Building inspector authority.
8.32.090 Building permit issuance prohibited when.
8.32.100 Enforcement—Notice of violation—City Engineer authority.
8.32.110 Appeal procedures—City Council authority.
8.32.120 Violation—Penalty.
8.32.130 Abatement of nuisance.
8.32.010 Purpose of provisions. The purpose of this Chapter is to protect groundwater and surface water by regulating the construction, placement, reconstruction and remodeling of water wells, water supply sources and test holes within the City. (Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.010.)
8.32.020 Policy. A. The council finds that improperly constructed, operated or maintained water wells and water supply sources can affect the public health adversely.
B. Consistent with the duty to safeguard the public health and welfare of the City, it is declared to be a policy of the City to require the location, construction and repair of water wells and other water systems to conform to California State Department of Water Resources Standards as noted in DWR Bulletin Numbers 74-81 and 74-90 and as required in California Water Code Section 13801. Additionally, all rules and regulations established by Marin County Code #2598 and contained in Section I, Chapter 7.28 (except Sections 7.28.020, 7.28.022, 7.28.026, 7.28.027, and 7.28.045) shall apply, copies of which will be on file in the building department. (Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.020.)
8.32.030 Definitions. A. "Approved water system" means a water system for human consumption which has been inspected, approved, and has a permit issued by the City, meeting the standards of Department of Water Resources Bulletin No. 74 and which meets the permit requirements by the City and complies with the physical, bacteriological and chemical standards established by the State Department of Public Health and the United States Environmental Protection Agency.
B. "Construction of water wells" means all acts necessary to obtain groundwater by wells, including the location and excavation of the well, and including the installation of pumps and pumping equipment.
C. "Groundwater" means that part of the subsurface water which is in the zone of saturation.
D. "Health hazards" means any conditions, devices or practices in the water supply system and its operation which create, or may create, a danger to the health and well-being of any person.
E. "Surface water" means water that is derived either from natural or manmade stream flow or impoundment above zone of saturation.
F. "Water system" means any water source, treatment facility, storage facility, or distribution system.
G. "Well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, extraction, or artificial recharge of groundwater.
H. "Adequate water" means the minimum amount of water supplied from a source or sources for domestic purposes for a proposed use or uses as established in the current "Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to City of Belvedere Ordinance No. 90-2 adopted by the City Council.
I. All definitions contained in California Department of Water Resources Bulletin Numbers 74-81 and 74-90 and Chapter 7.28 of Section I of the Marin County Code apply. (Ord. 90-3 § 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.030.)
8.32.035 Design standards. The design and construction of domestic water systems shall be in accordance with the current "Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements" pursuant to the Belvedere Municipal Code; State Department of Water Resources Regulations contained in DWR Bulletin 74-81 and 74-90; and applicable regulations contained in County Code Section I Chapter 7.28 or subsequent revisions. (Ord. 90-2 § 1 (part), 1990.)
8.32.040 Permit—Required for construction or remodeling. No person shall construct or remodel a well without first submitting an application to, and receiving a permit from the City Engineer. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.040.)
8.32.050 Permit—Application requirements—Fees. All applications for approval shall be on a form prescribed by the City Engineer. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.070.)
8.32.060 Permit—Issuance conditions. A. If, after investigation, the City Engineer, after consultation with the building inspector, planning staff and county health officer, determines that the proposed work is in accordance with the purpose of this Chapter, is an approved water system and will not be injurious to the public health, safety or welfare, and after the applicant agrees to all conditions contained in the City's waiver and indemnity agreement by signing said agreement, he shall approve the application and issue a permit upon payment in the amount of three hundred fifty dollars.
B. If an application should require more than an allowed time of three hours to review by City staff members, or unusual conditions develop requiring more than three inspections of a well site, the permit applicant/ permit holder shall be liable for additional fees to be determined by the City.
All lab testing for bacteriological, general mineral, inorganic chemicals, and general physical analysis shall be paid by the permit holder. (Ord. 91-3 § 1, 1991; Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.050.)
8.32.070 Permit—Processing—Filing and recordation. A copy of each permit issued hereunder shall be filed with the Marin Municipal Water District, and a copy shall be recorded with the Marin County recorder. Such copies shall describe the property on which the well is located. (Ord. 90-3 § 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.080.)
8.32.075 Common water supply restriction. All lots to be served by a common water supply shall be contiguous and the source shall be on one of them. (Ord. 90-2 § 1 (part), 1990.)
8.32.080 Inspection—Building inspector authority. A. The building inspector or his designee is authorized to inspect any water well, abandoned water well, water system or pump installation, and may, at reasonable times, enter upon and shall be given access to any premises for the purpose of such inspection.
B. Upon the basis of such inspection, if the building inspector or his designee finds that any laws have not been complied with, or that a health hazard exists, he shall disapprove the well, water system or pump installation. If disapproved, no such well, water system or pump installation shall thereafter be used until brought into compliance and any health hazard is eliminated. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.090.)
8.32.090 Building permit issuance prohibited when. A. Nothing herein shall be construed to allow the issuance of a building permit without full compliance with the provisions of Chapters 13.16 and 16.04 of this Code.
B. No permit shall be issued for any well within fifty feet of the Belvedere Lagoon, or at an elevation of ten feet mean sea level or less at the surface, unless the depth of the well is sufficient, or other provisions have been made, in the opinion of the City Engineer, to prevent salt-water intrusion into the local groundwater table. (Ord. 90-3 § 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.060.)
8.32.100 Enforcement—Notice of violation—City Engineer authority. A. Whenever the City Engineer has reasonable grounds for believing that there has been a violation of this Chapter, applicable state laws or any other relevant law or code, he shall give written notice to the person or persons alleged to be in violation. Such notice shall identify the provisions of law alleged to be violated and the facts alleged to constitute such violation.
B. Such notice shall be served by firmly affixing a copy of such notice in a prominent place on the premises and mailing a copy thereof, attested to by a written and signed proof of service, to the owner at the address shown on the last County assessment roll as provided to the City on an annual basis by the County Assessor/Recorder, or to such mailing address as is provided to the City in writing by the property owner, or to the lessee, agent or representative, or other person in charge of the premises. The notice may be accompanied by an order of the City Engineer requiring described remedial action, which, if taken within the time specified in such order, is not to exceed thirty days. Such order shall become final unless a request for hearing, as provided in Section 8.32.110, is made within ten days from the date of service of such order. (Ord. 2006-9 § 3, 2006; Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.100.)
8.32.110 Appeal procedures—City Council authority. A. Person Entitled to Hearing. Any applicant or person aggrieved by any determination, decision, permit denial or issuance or similar action taken by the City Engineer under the provisions of this Chapter may appeal the action to the City Council.
B. Form, Time for Filing. Appeals shall be addressed to the City Council in writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the City Clerk within ten days after notification of the action or decision from which an appeal is taken.
C. Upon receipt of the appeal, the City Council shall set a hearing time and date, and the appellant shall be given notice thereof at the address shown on the application. The action appealed may be affirmed, reversed or modified by the City Council, whose action shall be final. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.120.)
8.32.120 Violation—Penalty. Violations of this Chapter may be punished as provided in Chapter 1.12 or abated as provided by Chapter 13.16 and 16.04 of this Code. (Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.120.)
8.32.130 Abatement of nuisance. In addition to the penalties provided in Section 8.32.120, any domestic water system or supply operated, or used in violation of any of the provisions of this Section, or of the City municipal code or in accordance with any other provisions of applicable law is a public nuisance and may be abated in accordance with any other provision of applicable law. (Ord. 90-2 § 1 (part), 1990.)
Chapter 8.36
URBAN RUNOFF POLLUTION PREVENTION
Sections:
8.36.010 Title.
8.36.020 Purpose and intent.
8.36..030 Definitions.
8.36..040 Responsibility for administration.
8.36.050 Construction and application.
8.36.060 Discharge of pollutants.
8.36.070 Discharge in violation of permit.
8.36.080 Illicit discharge and illicit connections.
8.36.090 Reduction of pollutants in urban runoff.
8.36.100 Watercourse protection.
8.36.110 Violations constitute a public nuisance-Abatement—Restoration.
8.36.120 Violations—Misdemeanors or infractions-Punishment.
8.36.130 Violations—Civil action for enforcement.
8.36.140 Violations—Administrative enforcement action.
8.36.150 Remedies not exclusive.
8.36.160 Authority to arrest and issue citations.
8.36.170 Coordination with hazardous materials inventory and response program.
8.36.010 Title. This chapter shall be known as the "City of Belvedere urban runoff pollution prevention ordinance" and may be so cited. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.020 Purpose and intent. The purpose of this Chapter is to ensure the future health, safety and general welfare of City citizens by:
A. Minimizing discharges other than storm runoff to storm drains or watercourses;
B. Controlling the discharge to storm drains or watercourses from spills, dumping or disposal of materials other than rain water; and
C. Reducing pollutants in stormwater discharges to the maximum extent practicable.
The intent of this Chapter is to protect and enhance the water quality of the State's, and the nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act. (Ord. 2005-9 § 3, 2005; 33 U.S.C. § 1251 et seq.) (Ord. 95-4 § 1 (part), 1995.)
8.36.030 Definitions. A. Any terms defined in the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this Chapter shall have the same meaning as in said act or regulations. Such terms include, but are not limited to, the following:
1. "Discharge" means (a) any addition of any pollutant to navigable waters from any point source within the jurisdiction of the City, or (b) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
2. "Illicit discharge" means any discharge to the City storm-drain system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit and discharges resulting from fire-fighting activities.
3. "Illicit connection" means any device or method which conveys nonstormwater discharge.
4. "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
5. "Stormwater" or "storm runoff" means stormwater runoff, snow melt runoff, and surface runoff and drainage.
B. When used in this Chapter, the following words shall have the meanings ascribed to them in this Section:
1. "Authorized enforcement official" means the following City officials: public works superintendent or other staff designated by the City Manager.
2. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage.
3. "City" means the City of Belvedere.
4. "Storm drains" means and includes but is not limited to those stormwater drainage conveyance facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
5. "Nonstormwater discharge" means any discharge that is not entirely composed of stormwater.
6. "Premises" means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.040 Responsibility for administration. This chapter shall be administered for the City by the City Engineer. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.050 Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the Basin Plan and any amendments, revisions or reissuance thereof. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.060 Discharge of pollutants. A. The discharge of nonstormwater discharges to the City storm-drain system is prohibited. All discharges of material other than stormwater must be in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued for the discharge.
B. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in this Section.
1. The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.
2. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, lagoon water discharges, rising ground waters, infiltration to storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, natural springs, individual residential car washing, flows from riparian habitats and wetlands, flows from fire fighting, dechlorinated swimming pool water, or permitted use of reclaimed water. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.070 Discharge in violation of permit. In the future, the California Regional Water Quality Control Board, San Francisco Bay Region (herein Regional Board) may individually, or in association with other Marin County municipalities issue, an NPDES permit to the City for stormwater discharges. Any discharge that would result in or contribute to a violation of that permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the persons) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.080 Illicit discharge and illicit connections. The establishment, use, maintenance or continuance of illicit connections to the City storm drains, and/or the commencement or continuance of illicit discharges to the City storm drains is prohibited. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.090 Reduction of pollutants in urban runoff. A. Any person engaged in activities which will or may result in pollutants entering the City storm drains shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities shall include, but not be limited to ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, and stores fronting City streets.
B. Littering. Except for pollutants lawfully disposed of by way of containers or at a licensed dumping ground, no person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land or other premises in the City, so that the same might be or become a pollutant discharged to water.
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any premises in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway.
C. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station area of pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm drain system.
D. Base Management Practices for New Developments and Redevelopments.
1. Any construction contractor performing work in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools and equipment from entering the storm-drain system.
2. All construction plans and applications for building permits shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls. Appropriate controls shall be determined in accordance with the guidance provided in the "Standards for Erosion and Sedimentation Control" and the "Erosion and Sedimentation Control Handbook" published by the Association of Bay Area Governments, (ABAG) and may include site planning considerations, construction staging and timing, and installation of temporary detention ponds or other treatment facilities.
3. Prior to and/or during construction, the City may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total runoff volume. These controls may include limits on impervious area or provisions for detention and retention of runoff on-site.
4. The City may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by State and federal agencies.
E. Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.
Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.
F. Compliance with Best Management Practices. Where BMP guidelines or requirements have been adopted by any federal, State of California, regional, and/or local agency, for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the storm-drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the City. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.100 Watercourse protection. A. Every person owning, occupying, leasing, renting, or in control of premises through which a watercourse passes, shall (1) keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute, contaminate, or significantly retard the flow of water through the watercourse; (2) maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and (3) not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
B. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the City;
1. Discharge into or connect any pipe or channel to a watercourse;
2. Modify the natural flow of water in a watercourse;
3. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;
4. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or
5. Place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material teeing carried away by storm waters passing through such watercourse. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.110 Violations constitute a public nuisance-Abatement—Restoration. A. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter, constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the City.
B. Abatement Procedure—Costs—Lien. The abatement of any public nuisance under this Chapter shall follow the formal notice procedures as set forth in Chapter 8.12 of this Code. The cost of such abatement and/or restoration of the property to its original condition, shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of State law and this Code.
C. Inspections and Sampling—Authority and Procedure.
1. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this Chapter. The authorized enforcement official may, within the limitations of law, enter such building or premises at reasonable times to inspect the same for violations of this Chapter or to perform any duty imposed upon the official by this Chapter, provided that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law.
2. The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to, the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the local agency. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations, provided that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law.
3. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater or other unlawful material, to the storm-drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official.
4. Exigent Circumstances. Whenever a condition is found to exist in violation of this Chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.120 Violations—Misdemeanors or infractions-Punishment. The violation of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter, shall constitute a misdemeanor, except that, notwithstanding any other provision of this Chapter, any such violation of this Chapter may, in the discretion of the enforcement authority, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Government Code Section 36901. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 36900. A person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or allowed by the person, firm, corporation or organization, and shall be punishable accordingly. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.130 Violations—Civil action for enforcement. The violation of any provision of this Chapter, or the failure to comply with any of the requirements of this Chapter, may be enforced by a civil action brought by the City attorney in any court having appropriate jurisdiction. In any such action, the City may seek any or all of the following remedies:
A. A temporary or permanent injunction;
B. Costs of investigation, inspection, sampling or monitoring activities concerning the violation and costs of suit;
C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition;
D. Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be paid to the City and shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this Chapter. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.140 Violations—Administrative enforcement action. In addition to any other enforcement powers and/or remedies provided in this Chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this Chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator's failure to comply with such order, the City shall take further enforcement action as specified in this Chapter, or in accordance with any other appropriate provision of local, State or federal law. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.150 Remedies not exclusive. The enumerated remedies provided in this Chapter are in addition to and do not supersede or limit and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other. (Ord. 2005-9 § 3, 2005; Ord. 954 § 1 (part), 1995.)
8.36.160 Authority to arrest and issue citations. The City Manager, or his/her designee, shall have the authority to arrest or to cite any person who violates any provision of this Chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Chapter 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same may be hereinafter amended. It is the intent of the City Council/board that the immunities provided in Penal Code Section 836.5 be applicable to public officers or employees acting within the course and scope of their employment pursuant to this Chapter. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)
8.36.170 Coordination with hazardous materials inventory and response program. The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response ordinance shall include a program for compliance with this Chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable. (Ord. 2005-9 § 3, 2005; Ord. 95-4 § 1 (part), 1995.)