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<br />C. Scope of Liability. The scope of liability in this chapter is joint and
<br />several for any person who has caused, created, contributed to, or
<br />maintained a single indivisible harm to public health, welfare or the
<br />environment resulting from, or that may result from, in whole or in any
<br />part, an environmental nuisance and for which there is no reasonable
<br />and reliable basis of apportioning the harm among the responsible
<br />parties. Any responsible party seeking to apportion the harm must
<br />demonstrate by a preponderance of the evidence that the component
<br />of the harm that is sought to be apportioned is scientifically and
<br />technologically susceptible to apportionment, that there is a
<br />reasonable and practicable basis for apportioning the harm, and that
<br />the separate abatement activity proposed for that harm is as
<br />practicable, safe, efficient, reliable and cost-effective in providing the
<br />degree of protection of the public health, welfare and the
<br />environment as the abatement activity or activities, if any, proposed
<br />by the enforcing officer.
<br />SECTION 3: Section 8.04.210 is hereby added to the Colton Municipal Code to
<br />read as follows:
<br />"8.04.210 Abatement.
<br />"For purposes of this chapter, whether in any notice by any officer or
<br />employee of the city or by any order or directive by the hearing authority or
<br />otherwise, the term "abatement" shall include, without limitation, removal,
<br />rehabilitation, demolition, improvement, restitution, and mitigation action to
<br />provide adequate protection of the public health, welfare, the ground, air,
<br />water, environment or other natural resources, which may include providing
<br />substitute resources, including substitute water or soil remediation."
<br />SECTION 4: If any section, subsection, sentence, clause, phrase, or portion of this
<br />Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction,
<br />the remaining sections, subsections, sentences, clauses, phrases, or portions of this Ordinance
<br />shall nonetheless remain in full force and effect. The City Council hereby declares that it would
<br />have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance,
<br />irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
<br />portions of this Ordinance be declared invalid or unenforceable.
<br />SECTION 5: The City Council hereby finds that this Ordinance is categorically
<br />exempt from the requirements of the California Environmental Quality Act (Pub. Resources Code, "
<br />21000 et seq.) ("CEQA") because pursuantto State CEQA Guidelines ("Guidelines") sections 15316
<br />and 15317 this Ordinance consists of an action taken by the City as a regulatory agency, as
<br />authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement or
<br />protection or the environment because the public nuisance standards adopted by this Ordinance will
<br />help eliminate or mitigate the effects of environmental damage affecting the City, its residents and
<br />their environment. City staff is hereby directed to file a Notice of Exemption with the San Bernardino
<br />County Clerk within five (5) days following the date of this Ordinance.
<br />RVPUBUSB\638380
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