Laserfiche WebLink
i i <br /> ebris need to be removed as quickly as possible for the sake of <br /> 2 <br /> he health of the general community and for petitioners ' health <br /> 3 <br /> concerns and use and enjoyment of their property. <br /> 4 <br /> C. <br /> 5 <br /> A PETITION FOR A WRIT OF MANDATE <br /> 6 IS PROPER TO COMPEL PERFORMANCE <br /> OF MINISTERIAL DUTIES BY <br /> 7 GOVERNMENTAL BODIES, INCLUDING <br /> WHEN THEY FAIL OR REFUSE TO PERFORM <br /> 8 SUCH DUTY <br /> 9 Lawful Obligation. A writ of mandate will issue when the <br /> 10 conduct or declarations of a public officer against whom relief <br /> 11 is sought indicates that he does not intend to comply with his <br /> 12 lawful obligation (King v. Martin (1971 ) 21 Cal App3d 791 , 795- <br /> 13 96, 98 Cal Rptr 711 ) . <br /> 14 "Mandamus lies to compel performance of a duty imposed by <br /> 15 law. (Code of Civil Procedure Section 1085 . ) <br /> 16 (McCafferty v. The Board of Supervisors of the County of <br /> 17 Placer (1970) 3 Cal.App. 3d 190, 194, 83 Cal . Rptr . 231 . <br /> 18 "It necessarily follows that here, as here, not <br /> money but the performance of public acts by public <br /> 19 officials is the issue, mandate will lie. " <br /> 20 (California Teachers Association V. Nielsen ( 1978) 87 Cal.App 3d <br /> 21 5 , 27, 149 Cal. Rptr. 728) . <br /> 22 Except as otherwise provided in Section 41705, no person <br /> 23 hall discharge from any source whatsoever such quantities of air <br /> 24 ontaminants or other material which cause injury, detriment , <br /> 25 uisance, or annoyance to any considerable number of persons or <br /> 26 o the public, or which endanger the comfort , repose, health, or <br /> 27 afety of any such persons or the public , or which cause, or have <br /> 28 anatural tendency to cause , injury or damage to business or <br /> property. (Health and Safety Code, Section 41700) . <br /> 6 <br />