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In addition, the proposed ordinance clarifies that conditions and activities are considered <br />public nuisances, if otherwise defined as such by the Municipal Code, irrespective of <br />whether the condition or activity occurred in the past, including by a person who no longer <br />controls the property or facility from which the public nuisance emanates. Thus, for <br />example, if a person owned property ten years ago, but has since sold the property, the <br />current property owner will be responsible for the public nuisance that was caused by the <br />previous property owner. <br />Also, the proposed ordinance expands the City's authority to abate public nuisance <br />conditions by authorizing the City to order restitution and mitigation measures when a <br />public nuisance is found to exist. Thus, if a public nuisance condition has caused harm to <br />another property owner, the environment or the City, the person(s) responsible may be <br />ordered to provide mitigation measures to make that person, the environment or the City <br />whole again. <br />Finally, the proposed ordinance provides that responsibility for abating public nuisances <br />is joint and several. Thus, if the City is, as a practical matter, unable to require one of <br />several responsible parties to abate a public nuisance (for example, if the responsible party <br />is insolvent), the City may look entirely to another party who is responsible for creating the <br />public nuisance condition. <br />ALTERNATIVES: <br />Adopt Ordinance adding Subdivisions (S) and (T) to Section 8.04.030 of the Colton <br />Municipal Code and adding Sections 8.04.200 and 8.04.210 to the Colton Municipal <br />Code. <br />2. Take no action. <br />FINANCIAL IMPACT: <br />In the event the City is affected by a public nuisance under the Municipal Code, this <br />Ordinance will have a beneficial financial impact to the City since the City would be entitled <br />to restitution under the proposed Ordinance. Otherwise, there would be no financial impact <br />because the City already has a public nuisance ordinance and abatement hearing <br />procedure in place. <br />ENVIRONMENTAL IMPACT: <br />None. This Ordinance is categorically exempt from the requirements of the California <br />Environmental Quality Act (Pub. Resources Code, , , 21000 et seq.) ("CEQA") because <br />pursuant to State CEQA Guidelines ("Guidelines") sections 15316 and 15317 this <br />Ordinance consists of an action taken by the City as a regulatory agency, as authorized <br />