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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Item #3 <br />ORDINANCE NO. 0-12-02 <br />AN ORDINANCE OF THE CITY OF COLTON ADDING <br />SUBDIVISIONS (S) AND (T) TO SECTION 8.04.030 OF THE <br />COLTON MUNICIPAL CODE AND ADDING SECTIONS 8.04.200 <br />AND 8.04.210 TO THE COLTON MUNICIPAL CODE RELATING TO <br />PUBLIC NUISANCES <br />WHEREAS, the City of Colton ("City") is authorized pursuant to Article 7, Section 11 of <br />the California Constitution to make and enforce within its limits all local, police, sanitary, and other <br />ordinances and regulations not in conflict with general laws; and <br />WHEREAS, the City is authorized by Govemment Code sections 38771 and 38773.1et <br />seg. to declare what conditions or activities constitute public nuisanceTerer se and adopt regulations to <br />abate such public nuisances; and <br />WHEREAS, the City finds and determines that the presence of substances or <br />conditions adversely affecting the environment within the City, including air, soil and water within the <br />City, and whether such substance or condition was created inside or outside the City's territory and <br />whether created by present or past owners, operators, or generators of facilities, constitutes a public <br />nuisance. <br />THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: <br />SECTION 1: Section 8.04.030 subdivisions (S) and (T) are hereby added to the <br />Colton Municipal Code to read as follows: <br />"8.04.030 Classification of nuisances. <br />RVPUBUSB\638380 <br />(S) Any existing or threatened "environmental nuisance", including, <br />without limitation any of the following definitions set forth in <br />subparagraphs (1) through (3) of this subsection: <br />Any condition, whether caused by past or present acts <br />or omissions and whether created within or outside of <br />the City, that introduces, or may cause or allow the <br />introduction of, hazardous substances, pollutants or <br />wastes into, any navigable lake, river, bay, stream, <br />canal, or basin (specifically including any ground water <br />within the territorial boundaries of the city), or any <br />public park, square, street, or highway; <br />2. Any condition, whether caused by past or present acts <br />or omissions and whether created within or outside of <br />the City, that requires an investigation or response of <br />any kind in order to secure adequate protection of <br />public health, welfare, safety, or the environment <br />resulting in whole or in part from a release, or <br />threatened release that causes the incurrence of <br />abatement action costs by the city, of any hazardous <br />substance, pollutant or waste; or <br />3. Any condition, whether created within or outside of the <br />City, arising from the past or present handling, storage, <br />treatment, transportation or disposal of a hazardous <br />