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08
City of Pleasanton
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2008
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08
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10/16/2008 1:13:42 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/21/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
08
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Ordinance No. 1984 <br />Page 7 of 10 <br />premises be occupied, he or she shall first present proper credentials and request <br />entry; and b) if such building or premises be unoccupied, he or she shall first make a <br />reasonable effort to locate the owner or other persons having charge or control of the <br />building or premises and request entry. <br />2. Selection Processes. Routine or area inspections shall be based upon such <br />reasonable selection processes as may be deemed necessary to carry out the <br />objectives of this Chapter, including but not limited to random sampling and/or <br />sampling in areas with evidence of fat, oil, or grease discharges or similar factors. <br />3. Inspection Fees. Food Service Establishments shall not be charged a fee for <br />routine or area inspections. Unless waived by the Operations Services Director, the <br />Food Service Establishment shall be charged an inspection fee for all other <br />inspections, including follow-up inspections or inspections performed where the City <br />suspects that a violation may exist. <br />4. Authority to Inspect and Sample. The City shall have the right to establish on <br />any property such devices as are necessary to conduct sampling operations and <br />may take any samples deemed necessary to determine if a violation exists. <br />B. Concealment <br />Causing, permitting, aiding, abetting or concealing a violation of any provision of this <br />Chapter shall constitute a violation of this provision. <br />C. Civil Actions. <br />In addition to any other remedies provided in this Section, any violation of this Section <br />may be enforced by civil action brought by the City. In any such action, the City may <br />seek and the court shall grant, as appropriate, any or all of the following remedies: <br />1. A temporary and/or permanent injunction; <br />2. Assessment of the violator for the costs of any investigation, inspection or <br />monitoring survey which led to the establishment of the violation, and for the <br />reasonable costs of preparing and bringing legal action; <br />3. Costs incurred in removing, correcting or terminating the adverse effects <br />resulting from the violation; and <br />4. Compensatory damages for loss or destruction to water quality, wildlife, fish and <br />aquatic life. Assessments under this subsection shall be paid to the City to be <br />used exclusively for costs associated with monitoring, implementing, or enforcing <br />the provisions of this Chapter. <br />D. Violations Deemed a Public Nuisance: Abatement: Lien Against Prooertv. <br />Nuisance Declared; Abatement. In addition to the penalties hereinbefore <br />provided, any condition caused or permitted to exist in violation of any of the <br />provisions of this Chapter is a threat to the public health, safety and welfare, and <br />is declared and deemed a nuisance, and may be summarily abated and/or <br />restored by the Operations Services Director, and/or civil action to abate, enjoin <br />or otherwise compel the cessation of such nuisance may be taken by the City <br />Attorney. <br />
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