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AgdaPkt 2013-01-28
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AgdaPkt 2013-01-28
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Last modified
2/23/2015 4:29:34 PM
Creation date
1/24/2013 6:45:39 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/28/2013
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6.5.B. - Page 15 <br /> statement, usinq the form set forth in California Civil Code Section 1102.6a of the California Civil <br /> Code, disclosinq whether or not backflow preventers are repuired to be installed on the property <br /> pursuant to this Article. If so, the disclosure shall disclose the conditions or auxiliarv water <br /> supplv located on the propertv which subiects it to repuirements for the installation and <br /> maintenance of backf/ow preventers and other repuirements and expenses of this Article, and <br /> shall a/so attach a copv of this Article. Such disclosure statement shall be siqned bv the <br /> transferor and the purchaser or lessee and a copv of the executed disclosure statement shall be <br /> filed with the Director. <br /> Sec. 38.44 Public Nuisance <br /> Anv cross-connection, or anv condition which is in anv manner a violation of the provisions of <br /> this Article, or of any state law pertaininq thereto, shall be, and the same is hereby declared to <br /> be a public nuisance. Such nuisance mav be abated, removed, or enioined, and damaqes <br /> assessed therefor bv Citv. in anv manner provided bv law. <br /> Sec. 38.45 Enforcement, Remedies <br /> The remedies provided for or specified in this Article shall be cumulative and not exclusive, and <br /> shall be in addition to and do not supersede or limit anv other civil or criminal remedies available <br /> to the Citv in the exercise of its powers. <br /> Sec. 38.45.1 Costs of Abatement: <br /> A. The Director shall keep an itemized statement of costs incurred bv the Citv in abatinq or <br /> otherwise respondinq to violations of this Article. When a violation is established and <br /> abated, the Director shall provide a copv of this statement to the violator and to the Citv. The <br /> violator mav repuest a hearinq before the Director to contest the statement of costs. The <br /> repuest for a hearinq shall be made within ten davs of receipt of the statement or the riqht to <br /> hearinq shall be deemed waived. The Director shall review the statement of costs and anv <br /> information presented bv the violator, and mav make anv necessarv revisions, corrections or <br /> modifications. The decision of the Director is final. <br /> 8. The procedure for recordinq the statement of costs as a lien aqainst the property involved <br /> shall be as follows: <br /> 1. If pavment of the assessed costs and expenses is not received bv the Citv within <br /> thirty days of the date appearinq on the decision of the Director, the City's Finance <br /> Director shall set a notice and hearinq before the Citv Council for the purpose of <br /> adoptinq a resolution confirminq the statement of costs. <br /> 2. After holdinq a hearinq the Citv mav adopt a resolution, which shall be recorded bv <br /> the finance director as a lien aqainst the property. <br /> Sec. 38.45.2 Civil Penaltv <br /> Anv person or entitv vio/atinp this Code shall be liab/e for a civil pena/tv of up to one thousand <br /> dollars ($1,000) for each separate violation and for continuinq violations a civil penalty up to one <br /> thousand dollars ($1.000) for each dav such violation is committed or permitted to continue. <br /> which penaltv shall be assessed and recovered in a civil action brouqht in the name of the <br /> people of the City of Redwood City by the City Attorney in any court of competent iurisdiction. <br /> ATTY/FINAL ORD/2013/ORD.384/CROSS CONNECTION <br /> REV:01-17-13 PT <br /> Page 12 of 13 <br />
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