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HomeMy WebLinkAboutORD 143 1991 0717ORDINANCE NO. 113_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK REPEALING CHAPTER 7 OF DIVISION 4 OF THE MOORPARK MUNICIPAL CODE, AMENDING SECTION 1.12.070 OF THE MOORPARK MUNICIPAL CODE AND ADDING SECTIONS 1.12.071 AND 1.12.081 TO THE MOORPARK MUNICIPAL CODE. WHEREAS, the City of Moorpark adopted Chapter 7 of Division 4 on September 23, 1983, and WHEREAS, Sections 1.12.070, 1.12.080, and Chapter 8.36 of the Municipal Code duplicate Chapter 7 of Division 4 of the Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7 of Division 4 of the Moorpark Municipal Code is hereby repealed; SECTION 2. Section 1.12.070 of the Municipal Code is amended to add: 2.12.070 Nuisance-- Abatgment C. Nothing in this section shall be deemed to prevent the City from commencing a criminal action in addition tee, alternatively to, or in conjunction with, the proceedings set forth in this section, nor shall anything in this section be deemed to prevent the City from setting a public hearing to abate a nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this section. SECTION 3. Chapter 1.12 of the Municipal Code is amended by adding Sections 1.12.071 and 1.12.081 to read: 1 1.12.071 Nuisance -- Abatement Hearing. A. The city manager is authorized to administer the provisions of this section. The city manager may appoint one or more members of the city staff to act as his designee(s) in carrying out these responsibilities. B. Whenever the city manager or his designee finds that any real property within the city, or any building, improvement or structure located thereon, is being maintained contrary to one or more of the provisions of this Code and reasonably believes that such violation constitutes a public nuisance under this section or Section 1.12.070, he shall set the matter for a public hearing before the hearing officer. C. (i) The city clerk shall give not less than ten (10) days written notice to the owner of the affected property of the time and place of the public hearing by United States mail or by personal delivery, as such owner is shown on the latest equalized assessment roll of Ventura County. The city manager may direct that additional notices as he may deem necessary or desirable be given. Such notice shall describe the property involved by street address and shall further describe the property by the Ventura County assessor's property identification number, including the map book, page and parcel numbers as contained in the latest equalized assessment roll of the county assessor. The notice shall include a brief description of the conditions which are deemed to be contrary to the provisions of this. Code and shall contain a detailed list of the needed corrections or abatement methods necessary to abate the cited conditions. (ii) In addition, at least ten (10) days prior to the date set for hearing, the city clerk shall cause a copy of such notice to be conspicuously posted on the affected property. (iii) The failure of any person to receive such notice shall not affect the validity of any proceedings under this section. D. Any owner shall have the right to abate the nuisance in accordance with the notice of hearing to abate at his own expense, provided the same is done prior to the time that the matter is set for public hearing before the hearing officer. on receipt of notice from the property 00 owner that the nuisance has been abated in this manner, the city manager shall cause the same to be inspected to verify compliance. If he finds that compliance has been achieved, he shall terminate the proceedings. E. The hearing to determine whether a nuisance exists shall be conducted by the city manager or his duly authorized designee who shall act as hearing officer, and who shall herein be referred to as the "hearing officer." The hearing officer is authorized to take testimony and decide upon evidence and in the course of doing so, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a) or any of its successor statutes. F. The hearing to determine whether a nuisance exists shall be conducted by the hearing officer who shall consider all relevant evidence including, but not limited to, applicable staff reports, testimony written or oral relative to the existence of the alleged public nuisance, and the manner and time period proposed for abatement of same. Such hearing may be continued from time to time. Upon the conclusion of the public hearing, the hearing officer shall, on the basis of the evidence presented at such hearing, determine whether the property, or any part thereof, as maintained, constitutes a public nuisance, as defined herein. If the hearing officer finds that a public nuisance exists, he shall, by written notice, order the same abated in a reasonable period of time and in accordance with a detailed list of needed coreections or abatement methods. The determination of the hearing officer shall be final unless appealed in the manner provided for in this section. G. A copy of the hearing officer's order of abatement of the nuisance shall be served upon the owner of the property by United States mail or by personal delivery. The notice shall be deemed received upon personal delivery or upon the third (3rd) day after deposit in the United States mail. H. The owner of property affected by the decision of the hearing officer, or any interested party, may appeal the decision of the hearing officer to the city council. The appeal shall be made in writing and filed with the city clerk within five (5) working days following receipt of the notice of the hearing officer. Such appeal shall state the grounds for the appeal. The city clerk pdt /INS370698 3 shall, upon receipt of such appeal, set the matter for hearing before the city council not less than ten (10) nor more than thirty (30) days following the filing of the appeal. Notice of hearing shall be given by deposit in the United States mail or by personal delivery at least ten (10) days prior to the hearing. At the time and place of hearing, the city council shall hear and consider all relevant evidence including, but not limited to, the report of the hearing officer, and testimony written or oral relative to the existence of the alleged public nuisance and the manner and time period proposed for abatement of same. The hearing may be continued from time to time.. Upon the conclusion of the public hearing, the city council shall, on the basis of the evidence presented at the hearing, determine whether the property, or any part thereof, as maintained, constitutes a public nuisance, as defined herein. If the council finds that a public nuisance exists, it shall, by resolution, order the same abated in a reasonable time and in accordance with a detailed list of needed corrections or abatement methods to be set forth in the resolution. The determination of the city council shall be final. I. A copy of the city council's resolution ordering abatement of the nuisance shall be served upon the owner of the property by United States mail or by personal delivery. J. Any owner of property shall have the right to abate the public nuisance in accordance with the city council's resolution ordering abatement, at his own expense, provided the same is done prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the city manager shall cause the same to be abated by city forces or private contract, and entry upon the premises is expessly authorized for such purposes. K. When the city manager causes the abatement of a public nuisance pursuant to the provisions of Section 1.12.071(J) he shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the city manager shall submit his itemized statement of costs to the city clerk. Upon pdt /INS370698 4 receipt of such statement, the city clerk shall set the same for hearing before the city council. The city clerk shall cause notice of the time and place of the hearing to be given to the owner of the property to which the same relates, and to any other interested person who requests notice, by deposit in the United States mail or by personal delivery, at least ten (10) days in advance of the hearing. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of reports and notices, specifications and contracts, inspection of the work, and costs of printing and mailing required under this section. L. At the time and place set for receiving and considering the statement of costs, the city council shall hear and pass upon the statement together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the city council may make any such revision, correction or modification to the statement as it may deem just, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time. The decision of the city council shall be final. M. The city clerk shall give notice of the city council's decision to the owner of the property by deposit in the United States mail or by personal delivery within ten (10) days after the city council renders its decision. N. The cost of abatement of a nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be transmitted to the assessor and tax collector for the city by the city clerk. Whereupon it shall be the duty of the assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against the respective lot or parcel of land for municipal purposes, and thereafter the amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes. pdt /INS370698 5 O. Any person who maintains any public nuisance as defined in this section or Section 1.12.070 or who violates or fails to comply with an order of abatement made pursuant to this section is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the city or with any owner, as defined in this section, of a property which has been ordered vacated, repaired, rehabilitated or which improvements thereon have been ordered demolished and removed, whenever such representative of the city or owner is engaged in vacating, repairing, rehabilitating the property or demolishing and removing the improvements pursuant to the provisions of this section, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to this section. pdt/INS370698 3" Section 1.12 , 081, Nuisance--- Emgrggency Abatement Any nuisance which is determined by the City to be an immediate public health hazard may be removed by the City from a property through summary abatement without notice. when the City has effected the removal of such solid waste, the owner or occupant of the property shall be liable to the City for the cost of such removal and disposal. SECTION 3. This ordinance shall become effective thirty (30) after final adoption by the City Council.; SECTION 4. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in the manner required by law. PASSED AND ADOPTED THIS 17th day o July, 1991. Paul W. LVvoeason Jr. Mayor ATTFGT° 7 _f 2 CHAPTER 7 - REGULATION OF SOLID WASTE STORAGE, COLLECTION, DISPOSAL, TRANSFER, RESOURCE RECOVERY, AND ENVIRONMENTAL HEALTH PERMITS AND FEES. Repealed and reenacted September 20, 1977 - ORD. 3337 Sec. 4700 z DESIGNATION - Pursuant to Government Code Section 66796, the Environmental Services Department of the Environmental Resource Agency of the County of Ventura is hereby designated as the enforcement agency to carry out the provisions of the Nejedly - Z'berg -Dills Solid Waste and Resource Recovery Act of 1972, Section 66700 et seq. of the Government Code and the Z'berg - Kapiloff Solid Waste Control Act of 1976, Section 66795, et,.seq.., of the Government Code. The Environmental Services Department shall enforce all provisions of this ordinance and carry out the duties specified in Section 66796.10 of the Government Code, except the Enforcement of Hazardous Waste Regulations specifically designated to the State Department of Health. Sec. 4701 -1 - DEFINITION OF TERMS - The provisions of this chapter shall be construed in accordance with the following definitions of terms and the definitions provided in Title 14, Division 7, Chapter 3., Article 4, of the California Administrative Code. Sec. 4701 -1 - Approved Disposal Area - "Approved Disposal Area" shall mean any site, location, tract of land, area, building, structure or premise authorized by law as a place for the disposal of solid waste for which a health permit has been issued by the Department. Sec. 4701 -2 - Board - "Board" shall mean the Board of Supervisors of the County of Ventura. sec. 4701 -3 - Collector - "Collector" shall mean any person engaged in the business of collecting or transporting solid waste in any part of the unincorporated area of the County of Ventura. Sec. 4701 -4 - Director - "Director" shall mean the Director of the Environmental Services Department (Deputy Health Officer) of the Environmental Resource Agency or his designated representative. Sec. 4701 -5 - Department - "Department" shall mean the Environmental Services Department of the Environmental Resource Agency of the County of Ventura. Sec. 4701 -6 - Solid Waste - "Solid Waste" as used herein shall include any or all of the following: garbage, swill, refuse, cans, bottles, papers, vegetable matter and brush, carcass of any slaughter pen or butcher shop, trash, rubbish, abandoned and unidentifiable vehicles and vehicle parts, abandoned iceboxes, appliances and fixtures, rock, rubble, masonry, glass, plaster, demolition wastes, sludge, brine, processed products wastes, medical service wastes, hazardous wastes, and toxic wastes, including those definitions of solid wastes as identified in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code. Sec. 4701 -7 - Person - "Person" shall include all definitions as defined in Section 66715 of the Government Code. 4 -44 OC -1 Sec. 4701 -8 - Farms or Ranches - "Farms or Ranches" shall mean property is devoted entirely to commercial agricultural or animal husbandry Purposes, that " including the feeding and raising of livestock for dairying or for uPoultry F� J raising purposes. Sec. 4701 -9 - Medical Service Waste - "Medical Service Wastes" shall include all infectious waste as defined in Section 70847(d), Title 22, California Administrative Code, Division 5. Sec. 4701 -10 - Public Nuisance - "Public Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. Sec. 4702 - DISPOSAL AREA - No person shall dispose of any solid waste in any place in the unincorporated area of the County other than an approved disposal area for which a health permit has been issued by the Department or as provided in Section 4704. Sec. 4703 - REMOVAL OF SOLID WASTE FROM PREMISES - All solid waste produced or accumulated in or about any premises situated within the unincorporated area of the County shall be stored in compliance with. Title 14 of the California Administrative Code. All residential refuse as defined in Section 17225.57 of Title 14, California Administrative Code, shall be disposed of or removed from the premises at least once each week. Sec. 4704 - FARMS AND RANCHES - An owner or occupant of a farm or ranch may _ dispose of solid waste which originates on such property by burying said solid waste on said property at least once each week and at least 800 feet from any public right -of -way or from the nearest building used for human habitation. Such solid waste is to be covered with a minimum of 12 inches of soil. Sec. 4705 - FEEDING VEGETABLE WASTE TO FARM ANIMALS - This chapter shall not be construed to prohibit the feeding of vegetable m- atter to farm animals or require that health permits be obtained for this purpose, where such activities are otherwise authorized by Section 4133 of the Ventura County Ordinance Code or applicable State statutes. Sec. 4706 - SOLID WASTE ON OCCUPIED PRIVATE PROPERTY - Every owner or person in Control of private property shall properly store and maintain accumulations of solid waste so that it will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon the private property of another person. Sec. 4707 - SOLID WASTE ACCUMULATIONS AS A PUBLIC NUISANCE - No person shall maintain any accumulations of solid waste which are a public nuisance nor shall any person permit another person to maintain on his premises any accumulations of solid waste which are a public nuisance. 4 -45 OC -1 Sec. 4708 - NOTICE TO REMOVE SOLID WASTE - The Department is hereby authorized to notify the owner or occupant of any private property within the Count agent of such owner or. occu ant to Y� or the occupant, properly dispose of solid waste located on such property which is a public nuisance. Such notice shall be by personal issuance of a warning citation or by certified mail addressed to said owner, occupant, or the agent thereof, at his last known address. Sec. 4709 - REMOVAL OF SOLID WASTE BY COUNTY - Upon the failure, neglect or refusal of the person so notified to properly dispose of putrescible solid waste within seven (7) days and non - putrescible solid waste within thirty (30) days after receipt of written notice as provided in Sec. 4708 or after the notice has been posted on the property, the Department shall cause such solid waste to be removed and properly disposed of. In the event the notice is returned to the County because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant, or agent thereof, the Department shall cause such solid waste to be removed and properly disposed. Sec. 4710 - EMERGENCY REMOVAL OF SOLID WASTES - Solid Waste which is determined by the Director to be an immediate public health hazard may be removed by the Department from a property through summary abatement without judicial hearing or notice of hearing. When the Department has effected the removal of such solid waste, the owner or occupant of the property shall be liable to the County for the cost of such removal and disposal. Sec. 4711 - RIGHT OF THE BOARD TO COMPEL OWNER TO REMOVE SOLID WASTE: DEFAULT BY OWNER: REMOVAL BY THE DIRECTOR; RIGHT TO PRESCRIBE PROCEDURE AND MAKE EXPENSE A LIEN UPON PROPERTY - The Board may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove solid waste from buildings or adjacent sidewalks. If he defaults, after notice prescribed by the Board, it maay authorize the removal or destruction of the solid waste at his expense by the Director. The Board may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds. Sec. 4711 -1 - Declaration of Public Nuisance - The Board may declare by resolution as public nuisance, and abate: (a) All solid waste upon the streets, sidewalks, or private property in the County. (b) All solid waste upon parkways, sidewalks, or private property in the County. Sec. 4711 -2 - Resolution: Contents - The resolution shall: (a) Refer to the street by its commonly known name. (b) Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official County Assessment Map. Sec. 4711 -3 - Number of Streets Sidewalks etc. Which may be included in Resolution. Any number of streets, sidewalks, or parcels of private property may be included in one resolution. 4 -46 OC -1 Sec. 4711 -4 - Declaring Solid Waste on Specified Parcels to be Recurrent Nuisances: Abatements on Notice and Hearin : Contents of Notice time it adopts the resolution as provided for - At by Sections 4711 -2 and 4711-3, the Board may also find and declare that solid waste on specified parcels of property are recurrent nuisances. Such recurrent nuisances shall be abated in accordnce with the provisions of this article, provided, that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a violation notice to the owners of the property as the and their addresses appear on the current assessment roll. y The notice shall refer to and describe the property and shall state that solid waste accumulations of ,a recurrent nature are on or in front of the property, and that the same constitutes a public nuisance which must be abated by the removal of said solid waste, and that otherwise they will be removed and the nuisance will be abated by the County authorities, in which case, the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such solid waste is removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. Sec. 4711 -5 - Notices: Manner of Posting - After passage of the resolution, the Director shall cause notices. be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post: (a) One notice to each separately owned parcel of property of not over fifty yards frontage. (b) Not more than two notices to any such parcel of one hundred yards frontage or less. (c) Notices at not more than one hundred yards apart if the frontage of such a parcel is greater than one hundred yards. Sec. 4711 -6 - Notices: Heading - The heading of the notices shall be "Notice to remove solid waste" in letters not less than one inch in height. Sec. 4711 -7 - Form of Notice - The notice shall be substantially in the following form: NOTICE TO REMOVE SOLID WASTE Notice is hereby given that on the b Ventura County Board of Supervisors passed adresolution declaring that solid waste is located upon or in front of property on this street, in and more particularly described in the resolution, and that such solid waste constitutes a public nuisance which must be abated by removal. Otherwise such solid waste will be removed and the nuisance abated by the County and the cost of removal assessed upon the land from or in front of which the solid waste is removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the County Clerk. 4 -47 OC -1 All property owners having any objectio ns to the proposed removal of the solid waste are hereby notified to attend a 'meeting of the Ventura County Board of Supervisors to be held (give date), when their objections will be heard and given due consideration. Dated this day of 19 Director, Environmental Services Department Sec. 4711 -8 - Time of posting notices - The notices shall be posted at least fourteen (14) days prior to the time for hearing objections by the Board. Sec. 4711 -9 - Mailing of Notices by County Clerk - As an alternative to Posting notice of the resolution and notice of the meeting when objections will be heard, the Board may direct the County Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The County Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the Board. The notices mailed by the County Clerk shall be mailed at least fourteen (14) days prior to the time for hearing objections by the Board. The notices mailed by the County Clerk shall be substantially in the form provided by Section 4711 -9, except, that notices shall be signed by the County Clerk and the heading of the notice need not comply with Section 4711 -8. Section 4711 -10 - Hearing of Objections: Continuances - At the time stated in the notices, the Board shall hear and consider all objections to the proposed removal of solid waste. It may continue the hearing from time to time.. Sec. 4711 -11 - Decision upon objections: Acquisitions of Jurisdiction by Board - By motion or resolution at the conclusion of the hearing the Board shall allow or overrule any objections, Sec. 4711 -12 - Decision of Board is final - The decision of the Board is final. Sec. 4711 -13 - Order to Abate Nuisance: Form of Order - If objections have not - --been made or after the Board has disposed of those made, it shall order the Director to abate the nuisance by having the solid waste removed. The order shall be made by motion or resolution. Sec. 4711 -14 - End Upon Private Property to Abate Nuisance - The Director may enter upon private property to abate the nuisance. Sec. 4711 -15 - Removal of Solid Waste by Property Owner - Before the Director arrives, any property owner may remove the solid waste at his own expense. Sec. 4711 -16 - Account of Cost of Abatement: Submission of Itemized Report to Board - The Director shall keep an account of the fr cost of abatement in ont of or on each separate parcel of land where the work is done by him. He shall submit to the Board for confirmation an itemized written report showing such cost. 4 -48 OC -1 Sec. 4711 -17 - Posting Copy of Report - A copy of the re for at least three days port shall be posted y prior to its submission to the Board, on or near the chamber door of the Board, with a notice of the time of submission. Sec. -4711-18 - Hearing on Reno-t. Modification: Confirmation of Report b Motion or Resolution - At the time fixed for receiving and considering the report, the Board shall hear it with any objections of -the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The Board shall then confirm the report by motion or resolution. Sec. 4711 -19 - Abatement of Nuisance by Contracts: Letting of Contracts: Account and Submission of Itemized Re ort b Contractors Abatement of the nuisance may in the discretion of the Board be performed by contract awarded by the Board on the basis of competitive bids let to the lowest responsible bidder. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 4711 -18. Sec, 4711 -20 - Cost of Abatement Constitutes Special Assessment: Lien - The cost of abatement in front of or upon each parcel of land constitutes a Special assessment against that parcel. After the assessment is made confirmed, it is a lien on the parcel. and Sec. 4711 -21 - Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill - After confirmation of the report, a co p to the County Assessor and the Tax Collector, who shall add h he amount n of the assessment to the next regular tax bill levied against the parcel for County Purposes. Sec. 4711 -22 - Entry of Assessments upon County T shall enter each assessment on t ax Roll - The County Auditor land. he County Tax roll, opposite the parcel of Sec. 4711 -23 - Collection of Assessment: Penalties and Procedure for Fore- closure: Installment Pa ents: Enforcement Procedure: Interest - The amount of the assessment shall be collected at the time and in the manner of ordinary County taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary County taxes. Sec. 4711 -24 - Alternative Method: Issuance of Se arate Bills and Receipts - " As an alternative method, the County Tax Collector in his discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessment. Sec. 4711 -25 - Application of Laws Relating to Le went of County Taxes - Laws relating to the le Collection and Enforce - of County tax apply to such special assessment ctaxestj except that if ment real property to which such cost of abatement relates has been transferred or conveyed to a bonafide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, ,then such cost of abatement shall not result in a lien against such real property but instead shall be transferred to collection. the unsecured roll for 4 -49 OC -1 Sec. 4711 -26 - Receipt of Amounts and Issuance of Receipts by Director - The Director may receive the amount due on the abatement cost and issue receipt at any time after the confirmation of the report and until 10 days before a copy is given to the County Assessor and Tax Collector, or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. Sec. 4711 -27 Must be Filed: - Refund of Tax Erroneously Levied: Filing Claim: When Claim Verification - The Board may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax, or part, shall not be refunded unless a claim is filed with the Clerk of the Board on or before November 1st after the tax became due and payable. The claim -shall be verified by the person who paid the tax, or his guardian, executor, or administrator. Sec. 4712 - HEALTH PERMIT - The Department may, upon a majority vote of the Board, prescribe and /or revise Health Permit fees to be collected from each operator of a solid waste facility or from any person who conducts solid waste handling. Issuance of such permit shall be conditioned upon compliance with the solid waste management standards established under the Nejedly- Z'berg -Dills Solid Waste and Resource Recovery Act of 1972 and the Z'berg - Kapiloff Solid Waste Control Act of 1976, and Title 14 of the California Administrative Code. Such health permit shall be in addition to any other license or permit required by this Coulaty, or any other public jurisdiction, including, but not limited to, the County Fire Marshall, Solid Waste Management Board, and the Regional Water Quality Control Board. Sec. 4712 -1 - Health Permit Fee - A. health permit fee schedule shall be determined by resolution of the Board of Supervisors of Ventura County. Sec. 4712 -2 - Violation of Health Permit Conditions - After an inspection of a facility by the Department, if it is determined that the facility does not meet the minimum requirements of the health permit, a notice will be given to the permittee for correction of the violations at the facility. If the corrections are not completed within a reasonable period of time, as determined by the Department, the Department hearing procedure may be initiated to determine if the health permit should be suspended or revoked. Such suspension or revocation is to be conducted in compliance with permit procedures as established by the Z'berg - Kapiloff Solid Waste Control Act of 1976. Sec. 4712 -3 - Operating Without a Valid Health Permit - The operation of any solid waste collection, storage or disposal facility without a valid health permit issued by the Department, when required by the Department, shall be a misdemeanor. Sec. 4712 -4 - Collection of Fees - The County Tax Collector shall collect the permit fees and penalties as directed by this ordinance, when he receives the approved application for a permit from the Environmental Health Division and perform such other duties as are by this ordinance prescribed. Sec. 4713 - PERMIT TO OPERATE A SOLID WASTE FACILITY - Any person operating a solid waste facility or proposing to become an operator of a solid waste facility shall comply with the provisions of Sec. 66796.30 of the Government Code. 4 -50 OC -1 'AUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk MOORPARK STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Kellerman, City California, do hereby certify t foregoing Ordinance No. 143 Council of the City of Moorpark 17th day of JULY adopted by the following vote: STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer Clerk of the City of Moorpark, ender penalty of perjury that the was adopted by the City at a meeting held on the 1991, and that the same was AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this Isrh day of JULY 1 1991. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864