ORD 2038 - Laserfiche WebLink

Ordinance No. 2038 Page 5 due to space constraints or other considerations. If a food service establishment believes the installation of a grease interceptor is infeasible, because of documented space constraints, the request for alternate pretreatment technology shall contain the following information: 1. Location of sewer main and any easements in relation to available exterior space outside the building; 2. Existing building and site plumbing line plan that uses common plumbing for all services at that site; 3. Proposed drawings and plans for alternative pretreatment technology. Amend 15.44.070 Enforcement , subsection D (Violations Deemed a Public Nuisance —Abatement— Lien Against Property), subsection 2. (Notice) as follows: 2. Written Notice. Prior to bringing any action to abate the nuisance, the city shall provide written notice to the food service establishment. The notice shall state that if the nuisance is not voluntarily abated within the stated period, the city will abate the nuisance and the expense of abatement shall become a charge and shall be a lien against the property. In the event that the food service establishment does not own the underlying property where the violation exists, the city shall also provide written notice to the owner of the property as shown in the last equalized assessment roll. In the event the nuisance relates to a shared grease interceptor, the city shall provide written notice: (i) to any entity responsible for the maintenance of such shared interceptor; and (ii) to the owner of the property on which the food service establishment that has caused the nuisance is located or, in the event it cannot be determined which food service establishment caused the nuisance, to the owners of all properties upon which a food service establishment that uses such shared interceptor is located. Amend Chapter 15.44.070 Enforcement, Subsection D (Violations Deemed a Public Nuisance —Abatement — Lien Against Property), Subsection 3 (Costs Borne by Owner— Lien), as follows: 3. Cost Borne by Owner—Lien. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien recorded upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within 30 days after the completion by the operations services director of the removal of the nuisance, the city may record a lien against the property to recover the costs of abatement as well as any costs, including attorneys' fees, incurred by the city to secure the lien. The cost of such abatement and restoration in the case of a shared grease interceptor shall be borne jointly and severally by the entity responsible for the maintenance of such shared interceptor and (a) the owner of the property on which the food service establishment that has caused the nuisance is located or, (b) in the event it cannot be determined which food service establishment caused the nuisance, the owners of all properties upon which a food establishment that uses such shared interceptor is located. The cost thereof shall be a lien recorded upon and against the property on which the food service establishment that has caused the nuisance is located or, in the event it cannot be determined which food service establishment caused the nuisance, the owners of all properties on which a food establishment that uses the shared interceptor is located.