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File Number: 14-457
<br />work and the expenditure of public funds therefore, or pursuant to any other provision of law
<br />authorizing public work on private property in order to correct, eliminate or abate a condition
<br />upon such premises which threatens to cause, causes, or has caused a violation of any
<br />provisions of these regulations, or of any permit issued pursuant to these regulations, or of
<br />any other requirement of law, the owner, occupant and/or responsible party is responsible for
<br />the occurrence or condition giving rise to such work, the occupant, the owner of the premises
<br />and responsible party shall be liable jointly and severally to the City for such public
<br />expenditures including overhead costs.
<br />3-18-145 CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6.
<br />The provisions of Section 1094.6 of the California Code of Civil Procedure are
<br />applicable to judicial review of City decisions pursuant to this Title 3.
<br />3-18-150 ISSUANCE OF CEASE AND DESIST ORDER.
<br />When the City Manager finds that a violation of this Title 3 or the provisions of a permit
<br />has taken place or is likely to take place, the City may issue an order to cease and desist such
<br />discharge, or practice, or operation likely to cause such violation and direct those persons not
<br />complying with such prohibitions, limits, requirements or provisions to:
<br />(a) Comply forthwith;
<br />(b) Comply in accordance with a time schedule set forth by the City; or
<br />(c) Take appropriate remedial or preventative action.
<br />3-18-155 NOTICE TO CLEAN.
<br />Whenever the City Manager finds any oil, earth, dirt, grass, weeds, dead trees, tin
<br />cans, rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk
<br />abutting or adjoining any parcel of land, or upon any parcel of land or grounds which may
<br />result in (1) a release or (2) +n -pollutants entering the City storm sewer systems or a non -storm
<br />discharge to the City storm sewer system, said official may give notice to the property owner
<br />and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans,
<br />rubbish., refuse, waste or other material, in any manner that he or she may reasonably
<br />provide. The recipient of such notice shall undertake the activities as described in the notice.
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<br />When a discharge causes an obstruction, damage, or any other impairment to City
<br />facilities including, but not limited to the City sewerage system, the City may assess a charge
<br />against the owner, occupant or responsible party for the work required to clean, repair and/or
<br />replace the facility and add such charge to the facilities' charges and fees, including overhead
<br />costs.
<br />3-18-165 APPEALS.
<br />Any User, permit applicant, permit holder, property owner, occupant, or responsible
<br />party affected by any decision, action or determination, including cease and desist orders,
<br />made by the City, interpreting or implementing the provisions of Title 3 or in any permit issued
<br />herein, may file with the City Manager a written request for reconsideration within ten (10)
<br />days of such decision, action, or determination, setting forth in detail the facts supporting the
<br />appellant's request for reconsideration. The City Manager shall appoint a hearing officer who
<br />shall hear the appeal within sixty (60) days from the date of filing. The hearing officer shall
<br />make a ruling on the appeal within thirty (30) days of the close of the hearing. If the ruling
<br />City of San Leandro Page 4 Printed on 11113/2014
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