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HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 11D ) 03.v .1 r/ , i,_) ITEM • • pepK CQ ' F at MOORPARK osa9 °or�/ 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 99\ 2'27PRK. CAYFC:`::A j(�Cot nCll Nicol:rig of "kW, Of 1119999_f ACTIUONL�O " - MEMORANDUM By TO: The Honorable Ci Council FROM: Susan Cauldwel sistant to the City Manager DATE: June 12, 1991 SUBJECT: Repeal Chapter 7 of Division 4 of the Municipal Code and Add Sections 1.12.070 C. , 1.12.071, and 1.12.081 to the Municipal Code Chapter 7 of Division 4 of the Municipal Code (attached) was adopted by the City upon incorporation and substantially duplicates Sections 1 .12 .070 and 1.12.080 of the Municipal Code and Chapter 8. 36 of the Municipal Code. Chapter 1.12 addresses enforcement of the Municipal Code and penalties for non-compliance. Chapter 8. 36 regulates solid waste. Chapter 7 of Division 4 should have been repealed when the City adopted Chapter 8. 36 (regulating solid waste) . The City Attorney recommends the addition of three sections to Chapter 1 . 12 relating to criminal proceedings, an abatement hearing procedure, and emergency abatement prior to repeal of Chapter 7 of Division 4 . Staff Recommendation Approve the ordinance for introduction and first reading. attachment PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember ORDINANCE NO. 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, 1.1,e.:.080, and Chapter 8.36 of the Municipal Code duplicate Chapter 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 Chapter 7 of Division 4 of the Moorpark Municipal Code is hereby repealed; SECTION 2.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: 1-12-070 Nuisance -- Abatement C. Nothing in this section shall be deemed to prevent the City from commencing a criminal action in addition to, 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 sec-lion. SECTION 3. Chapter 1.12 of ttxe Municipal Code is amended by adding Sections 1.12.071 and 1.3� 081 to read: 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 pubic 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 failuie of any person to receive such notice shall not affect tte validity of any proceedings under this section. D. Any owner shall nave 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 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 last of needed coreections or abatement methods. The determination of the hearing officer shall be final unless appealed :,_n 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 (3r,J 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 ( Vii) ;working days following receipt of the notice of the hearing officer. Such appeal shall state the grounds for th, 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 UniteJ 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 )f such abatement. Upon conclusion of such abatement, the city manager shall submit his itemized statement of cost 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 sedition._ 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 counc l 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 regul,:�r 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 proceduwre for foreclosure and sale in the case of delinquency as p:rO'Ided fcr 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 sE!ct on pdt /INS370698 Section 1 12 081. Nuisance Emergency 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 5th day o* June L991. ATTEST: Lillian E. Kellerman City Clerk Pau -1 W. Lawrason Jr. Mayor I CHAPTER 7 - REGULATION OF SOLID WASTE STORAGE, COLLECTION, DISPOSAL, TRANSFER, RESOURCE RECOVERY, AND ENVIRONMENTAL ;EEA TH PERMITS AND FEES. Repealed and reenacted Septotuber.' 20, 1977 - ORD. 3337 Sec. 4700 - DESIGNATION - Pursuant t; 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 ber Ka loff Solid Waste Control Act of 1976 ' q•, of the Government Section 66795, et.se Z' berg t t 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, Dj.vi! :;..on 7, Chapter 3., Article 4, of the California Administrative Code. Sec. 4701 -1 - Approved Disposal Area - site, location, tract of land, area, building Disposal Area" shall mean any by law as a place for the disposal of solid , olid ,wastecforewhi hr a health authorized has been issued by the Department. Sec. 4701 -2 - Board - "'Board" shall :reap the Board of Supervisors of the County of Ventura. sec. 4701 -3 - Collector - " shall mean an business of collecting or trans ortii:r solid waste person San engaged f the „ unincorporated area of the County f 'Ver. ura Y part of the Sec. 4701 -4 - Director "Director Environmental Services Department (Deput,. shall mean the Director of the Health Resource Agency or his designated representative Officer) of the Environmental Sec. 4701 -5 - Department - "Department" Department of th`onmental shall mean the Environmental Services Resou, -- Agency of the County of Ventura. Sec. 4701 -6 - Solid Waste - "Solid Wast: all of the following: garbage, as used herein shall include any or swi vegetable matter and brush, carcass of trash, rubbish, bottles, papers, any rslaue hter abandoned and unident abandoned iceboxes appliances pe `iable ,, hiclesand or butcher parts, and fix plaster, demolition wastes, sludge, brri-, ...:res, rock, rubble, masonry, glass, service wastes, hazardous wastes, a definitions processed products wastes, medical :. oxi •: waste of solid wastes as identifies Article 4 of the California � , including those in Title 4, Division 7, Chapter 3, Administrat.:;,. Sec. 4701 -7 - Person Section 66715 of the Government 'Code. 4 -4w I i< e a L l definitions as defined in OC -1 yam �1 Sec. 4701 -8 - Farms or Ranches is devoted entirely to commercial "agriiculturailcorsanimallhuean pr u o property that including the _feeding and raising of livestock for dairying or for Purposes, ! raising purposes. Y Sec. 4701 -9 - Medical Service Waste all infectious waste as defined i n ,e "Medical � lService Wastes" shall include Administrative Code, Division 5, 0847(d), Title 22, California Sec. 4701 -10 - Public Nuisance injurious to human health or is"Pi dlcl entulorncoffensiveeto anything senses ch is interferes with the comfortable enjoyment of life or ro ert and the same time an entire community or rieighborhood or any considerable numb Of persons although the extent of arynoyance or damage inflicted affects at individual ma q er y be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. Sec. 4702 - DISPOSAL AREA place in the unincorporated areapofs th.estl'ountyl other than an approved waste in any area for which a health permit has been.ssued by the Department or as in Section 4704. pproved disposal provided Sec. 4703 - REMOVAL OF SOLID WASTE FROM PREMISES accumulated in or about an - All solid waste produced or the County shall be stored premises situated with within Title 141 of unincorporated tCali or of Administrative Code. All residential ref�,se as defined in Section 17225.57 of Title 14 California California Administrative Code, shall be disposed of or removed from the premises at least once each week. Sec. 4704 - FARMS AND RANCHES \ _ dispose of solid waste which originateseor� such propertyf by burying saidcsomay lid waste on said property at least public right -of -way or from thenear st bu d ng used for hum n habitaet from any solid waste is to be covered with a minimum )f 12 inches of soil. tlon. Such Sec. 4705 - FEEDING VEGETABLE WASTE TO FARPI ANIMALS construed to prohibit the feeding of vegetaial atter to lfachapter aalshorL require that health permits be obtained for this purpose, where such activities a otherwise authorized by Section 4133 of t w Ventura County Ordinance Code o applicable State statutes. re r Sec. 4706 - SOLID WASTE ON OCCUPIED PRIVATE PROPERTY control of private Property - Every owner or person in solid waste so that it will be prevented fr m g carried or deposited properly store and maintain accumulations of elements upon any street, sidewalk or 01: he public place or upon the private property of another person. P ited ri the p 1 ate Sec. 4707 - SOLID WASTE ACCUMULATIONS maintain any accumulations Oflidwas AS, A PUBLIC h_ ch are N 1 public nuisance - No person shall any person permit another person to maintain q b,,s �7.., Ce nor shall solid waste which are a public nuisance. F- _wises any accumulations of I 4 -ws 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 occupant, to properly dispose of solid waste located ton 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 lass known address. Sec. 4709 - REMOVAL OF SOLID WASTE BY COUNTY Upon the failure, neglect or refusal of the person so notified to p:— p-rly dispose of putrescible solid waste i within seven (7) days and non- putrescblt• solid waste within thirty after receipt of written notice as provided in Sec 4708 or after the notice (30) days otOicedhas 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 Olid was "::e to be removed and properly disposed. Sec. 4710 - EMERGENCY REMOVAL OF SOLID 'WASTES by the Director t - Solid Waste which is determined o 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 A LIEN UPON PROPERTY - The Board may compel, AND . the owner, lessee, orroccupant NSE buildings, grounds, or lots to remove solid waste from buildings or grounds and adjacent sidewalks. If he defaults, after 'rEotice prescribed by the Board, it may authorize the removal or destruction of tt:e 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 grounds.. Sec. 4711 -1 - Declaration of Public Nuisance resolution as public nuisance, and abate _ The Board may declare by (a) All solid waste upon the streets„ cdewalks, or private property in the County. (b) All solid waste upon parkways, si ewalks, )r private property in the County. Sec. 4711 -2 - Resolution: Contents - The esoluti(n shall: (a) Refer to the street by its commonly mown name (b) Describe the property upon which exists b 'r in front of which the nuisance y giving its lot and hlO, number according to the official County Assessment Map, Sec. 4711 -3 - Number of Streets Sideu, Resolution. An _ 1ks, etc Which may be included in ----_ y number of streets., sjdew Lks �r. ,parcels of private property may be included in one resolution. 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 At the the Board may also find and declareothatd solid bwaste tOnn specified aparcels 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 they and their addresses appear on the currerit assessment roll. The notice shall refer to and describe the property and shall state that solid waste accumulations of g 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 juthorities, in which case, the cost of such removal shall be assessed upon t.'ie 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 p,:rce1 or lands until paid. Sec. 4711 -5 - Notices: Manner of POstin the Director shall cause nn--,o,-t- otices to be conspicuously posted the insfrontoof the property on or in front of which t:.he 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 frontage or less. to a[ %r such parcel of one hundred yards (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: Headin to remove solid waste" in letters notE 'le� <dthanoonehinchtineheight. be "Notice Sec. 4711 -7 - Form of Notice following form: The n• ice shall be substantially in the NOTICE TO REMOVE SOLD WASTE Notice is hereby given that on the Ventura County Board of Supervisors 3ss,�, 'Jay o f 19 waste is located upon or in front of r, 1 a resalution declaring that solid and more particularly described in the r olc tion,tand that such soli to constitutes a public nuisance which must 'er abated by removal. Otherwise such solid waste will be removed and the nui.sa:,c'e 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 hereby made to the resolution . Reference is for fuz.he particulars. A co resolution is on file in the offic r e of th ,:r ;l PY of said 'le. 4-4 OC -1 All property owners having any objec:tic.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), _ien their objections will be heard and given due consideration. Dated this day of 9 Sec. 4711 -8 - Time of Posting notices fourteen (14) days prior to the time Director, Environmenta Services Department The notices shall be posted at least Eor hearing objections by the Board. Sec. 4711 -9 - Mailing of Notices by ount Clerk - As an alternative to Posting notice of the resolution and noti a 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 perso :.s owning property described in the resolution. The County Clerk shall ca,,se such written notice to be mailed to each person to whom such described proFerty is assessed in the last equalized assessment roll available on the date t :,o n:- esolution was adopted by the Board. The notices mailed by the County Clerk hall be mailed at least fourteen (14) days prior to the time for hearing obje °ions by the Board. The notices mailed by the County Clerr 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 eed 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 c:nsider all objections to the proposed removal of solid waste. It may continue ':.he hearing from time to time. Sec. 4711 -11 - Decision upon 1.11c.tions: Acquisitions of Jurisdiction Board - By motion or resolution at: t' , !- shall allow or overrule any objections cncl.usion of the hearing the Board Sec. 4711 -12 - Decision of Board is __f1_: 1 rht decision of the Board is final. _ Sec. 4711 -13 not been made - Order to Abate Nuisance: Form of Order - If objections have or after the Board the Director to has disposed of th ose made, it shall order abate the order shall be nuisance by awi : ng the solid waste removed. The made by motion or resoa.ut n. Sec. 4711 -14 may enter upon - Entry Upon Private Pr(Te ivate pr ,_to Abate Nuisance - The Director property to abat Ze nuisance. Sec. 4711 -15 - arrives, Removal of Solid Waste �y ;roperty Owner any property - Before the Director owner may remove he s011T waste at his own expense. Sec. 4711 -16 to Board - The - Account of Cost of Abat -rent: Submission of Itemized Report Director front of or on shall keep an count of the cost of abatement in each separate parcel shall submit to of la where 'he work is done by him. He the Board for such cost. confirm 3t: In i '.er,dized written report showing OC -1 Sec. 4711 -17 - Posting Copy of Report A co for at least three (lays - PY of the report 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 Report: Modification: Confirmation of Re ort b Motion or Resolution - At the time fix(�d for receiving and considering the report, the Board shall hear it with illy 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 'h'n con flrm the report by motion or Sec. 4711 -19 - Abatement of Nuisance by Contracts: Le.tting of Contracts: Account and Submission of Itemized Re ort by Contractors nuisance may in the discretion of the Board be performed by c contract awarded by the Board on the basis of competitiv- bids let to the lowest responsible bidder. In such event the contractor stall keep the account and submit the itemized written report for each separar- 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 and confirmed, it is a lien on the parcel. Sec. 4711 -21 - Report to Assessor to Tax Bill — d Tax Collector: Addition of Assessment After confirmation of the report, a copy County Assessor and the Tax Collector. who shall add shall the amount n f the assessment to the next regular tax bill evied against the parcel for County io Purposes. / Sec. 4711 -22 - Entry of Assessments t shall enter each assessment on the Coun *ounty Tax Roll - The County Auditor land. v Tax roll, opposite the parcel of Sec. 4711 -23 - Collection of Assessment. Penalties and Procedure for Fore- closure: Installment Payments: of the assessment shall be collected oatethettimecandrin the oThe amount County taxes. If delinquent, the amount ;s subject. to the same penalties and procedure of foreclosure and sale rovided ordinary P or ordinary County taxes. _ Sec. 4711 -24 - Alternative Method: Issuance of Separate Bills and Recei is - P As an alternative method, the County Tai Collector in his discretion may collect the assessments without referenc to the general taxes b p separate bills and receipts for the assessor nt Y y issuing Sec. 4711 -25 - Application of Taws n , ment of County Taxes �l3tir�Levy, Collection and Enforce- - Laws relating to the levy, collection, and enforcement of County taxes apply to such special assessment taxes, except that if an real property to which such cost of abatement relates has been transferred or conveyed to a Y bonafide purchaser for va'.ie, or if a lien of a bona fide encumbrancer for value has been created a J attaches thereon date on which the first installment of sit h taxes would become delinquent, prior to the then such cost of abatement shall not re in , lien against such real property Y but instead sha1:' be transfeec t�;s the unsecured roll for i collection. 4 -4c 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, tint: August 1st following the confirmation of the report.. Sec. 4711 -27 - Refund of Tax Erroneously Levied: Filing Claim When Claim Must be Filed: Verification - The Board may order refunded all or part of a tax paid pursuant to this article if i? finds that all or part of the tax has been erroneously levied. A tax, or par °, shall not be refunded unless a claim is filed with the Clerk of the Board +;:i or before November 1st after the tax became due and payable. The claim shad be verified by the person who paid the tax, or his guardian, executor, -,r dministrator. Sec. 4712 - HEALTH PERMIT - The Depar.tmcilt may, Y, upon a majority vote of the prescribe and /or revise Health. Pk =rmi.t fees to be collected from each operator of a solid waste facility or frr,;wi any person who conducts solid waste handling. Issuance of such permit shall ',e conditioned upon compliance with the solid waste management standards establishel 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 .:alifornia Administrative Code. Such health permit shall be in addition to an other license or permit required by this County, or any other public jurisdicti;n, including, but not limited to, the County Fire Marshall, Solid Waste Management::. Board, and the Regional Quality Control Board. Water Sec. 4712 -1 - Health 1 determined by resolut on Ee be pbormsi oPermit Board of Supery of Venturaeshall County. Sec. 4712 -2 - Violation of Health facility by the Permit Conditions - After an inspection of a Department, if it is determined that the facility does meet the minimum requirements of the permittee for not the health permit, a notice will be given to correction of corrections are not completed the iolations at the facility. If the within determined by the Department, a reasonable period of time, as the Department initiated to determine if the health hearing may uor Such suspension or revocation is p(,' t should be suspended revoked• to be ::onducted in procedures as established by the compliance with permit Z'herk Kapilloff Solid 1976. Waste Control Act of Sec. 4712 -3 - 22erating Without a Valid Health Permit - The operation of any solid waste collection, storage or d:isg,:_!;al facility without a valid health Permit issued by the Department, when .- t,,.iirod b� the Department, shall be a misdemeanor. Sec. 4712 -4 - Collection of Fees - The C unty Tax. Collector shall collect the permit fees and penalties as directed by this ordinance, when he receives the approved application for a permit from t'e Environmental Health Division and perform such other duties as are by this -dinance prescribed. Sec. 4713 - PERMIT TO OPERATE A SOLID WASTE FACILITY - An solid waste facilit -- -- y person operating a shall comply h °P Proposing to become ,;,i operator of a solid waste facility p y with the provision of Sec. h6 30 of the Government Code. 4 5 i OC -1