HomeMy WebLinkAboutORD 457ORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADDING SECTION 8.16.100 TO THE PALM DESERT MUNI-
CIPAL CODE RELATING TO THE CLEAN-UP OF HAZARDOUS MATERIALS.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
Section 1: AMENDMENT OF CODE. Section 8.16.100 is hereby added to
the Palm Desert MunicipaL--Code to read as follows:
SECTION 8.16.110. DEPOSITS OF HAZARDOUS MATERIALS; CLEAN-UP OR
ABATEMENT; LIABILITY FOR COSTS.
(a) The Fire Department and the Public Works Department are
authorized to clean-up or abate the effects of any hazardous
material deposited upon or into property or facilities of the
city; and any person or persons who intentionally or negligently
caused such deposit shall be liable for the payment of ail costs
incurred by the fire department -and/or the Public Works Department
as a result of such clean-up or abatement activity. The remedy
provided this section shall be in addition to any other remedies
provided by law.
(b) For purposes of this section "hazardous materials" shall be
defined as any substances or materials in a quantity on form
which, in the determination of the Fire Chief or his authorized
representative, poses an unreasonable and imminent risk to the
life, health or safety of persons or property or to the ecological
balance of the environment, and shall include, but not be limited
to, such substances as explosives, radioactive materials, petro-
leum or petroleum products or gases, poisons, etiologic (biologic)
agents, flammables and corrosives.
(c) For purposes of this section, costs incurred by the fire
department and/or the Public Works Department shall include, but
shall not necessarily be limited to, the following: actual labor
costs of city personnel, including workers' compensation benefits,
fringe benefits, administrative overhead; cost of equipment
operation, cost of materials obtained directly by the city; and
cost of any contract labor and materials.
(d) The authority to recover costs under this section shall not
include actual fire suppression services which are normally or
usually provided by the fire department.
Section 2: The City Clerk shall certify to the passage and adoption
of this ordinance and shall cause the same to be published once in the Palm
Desert Post, a newspaper of general circulation printed, published and circulated
within the City of Palm Desert, and the same sha 1 1 be in fu 1 1 force and effect
thirty (30) days after its adoption.
OPC
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, on the loth day of April 1986, by the following vote, to
wit:
AYES: BENSON, SNYDER, WILSON, KELLY
NOES: NONE
ABSENT: JACKSON
ABSTAIN: NONE
- L-R'L'
RICHARb S. KELLY, 14AYbR
CITY OF PALM DESERT, CALIF IA
ATTEST-.
SHEILA R. GILLIGAN, CITY CI -OK
CITY OF PALM DESERT, CAL&bRNIA