2005 California Health and Safety Code Sections 25400.30 County

HEALTH AND SAFETY CODE
SECTION 25400.30

25400.30.  (a) If a property owner does not initiate or complete the
remediation of property in compliance with an order issued by a
local health officer pursuant to this chapter, the city, county, or
city and county in which the property is located may, at its
discretion, take action to remediate the residually contaminated
portion of the property pursuant to this chapter or may seek a court
order to require the property owner to remediate the property in
compliance with this chapter.
    (b) If a local health officer is unable to locate a property
owner within 10 days after the date the local health officer issues
an order pursuant to Section 25400.22, the city, county, or city and
county in which the property is located may remediate the property in
accordance with this article. The city or county or its contractors
may remove contaminated property as part of this remediation
activity.
    (c) If a city, county, or city and county elects to remediate
contaminated property pursuant to this article, the property owner is
liable for, and shall pay the city or county for, all actual costs
related to the remediation, including, but not limited to, all of the
following:
    (1) Posting and physical security of the contaminated site.
    (2) Notification of affected people, businesses or any other
entity.
    (3) Actual expenses related to the recovery of cost, laboratory
fees, cleanup services, removal costs, and administrative and filing
fees.
    (d) If a property owner does not pay the city, county, or city
and county for the costs of remediation specified in subdivision (c),
the city, county, or city and county may record a nuisance abatement
lien pursuant to Section 38773.1 of the Government Code against the
property for the actual costs related to the remediation or bring an
action against the property owner for the remediation costs. The
nuisance abatement lien shall have the effect, priority, and
enforceability of a judgment lien from the date of its recordation.


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