SECTIONS 25400.30 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25400.30

25400.30. (a) (1) 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 or county in
which the property is located may, at its discretion, take action to
remediate the contaminated or 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.
(2) Before a city or county takes an action pursuant to
subdivision (a) regarding property specified in paragraph (2) of
subdivision (t) of Section 25400.11, the city or county shall give a
written notice of not less than 10 days in advance to the mobilehome
park or special occupancy park owner to allow for remediation by the
mobilehome park or special occupancy park owner in the manner
prescribed by this chapter in addition to any other notice required
by this section. If the mobilehome park or special occupancy park
owner agrees, in writing, to undertake that remediation in compliance
with the order, the city or county shall not take action pursuant to
this section unless the owner is not in compliance with the
agreement.
(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 or 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 or 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 real property owner does not pay the city or county for
the costs of remediation specified in subdivision (c), the city or
county may record a nuisance abatement lien pursuant to Section
38773.1 of the Government Code against the real property for the
actual costs related to the remediation or bring an action against
the real 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.