Article VI — Enforcement

The primary responsibility for enforcement of the provisions of this chapter shall be vested with the building official. The building official may designate as his agent employees of the county department of public works. Field inspectors or other employees so designated shall be authorized to act as agents of the CSA for and on behalf of the building official, and shall possess the power to inspect and issue notices of violation pertaining to misdemeanor and infractions, and to issue cease and desist orders.

(Ord. 97-59 § 1 (part))

In the event the building official finds that a connection has taken place or is likely to take place in violation of this chapter, the building official may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge. The cease and desist order may provide for either immediate or delayed compliance.

A.

Immediate Remedial or Preventative Action. The building official may direct that any person failing to comply with any of this chapter's prohibitions, limits, requirements, or provisions comply forthwith and take appropriate remedial or preventive action as specified by the building official.

B.

Submission of Time Schedule for Compliance. The building official may require the user to submit for approval, with such modifications as the building official deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct any violation, and the user shall comply with the time schedule.

(Ord. 97-59 § 1 (part))

In case of imminent and serious injury and damage to persons or property, the building official is hereby authorized to immediately correct, eliminate, or abate any condition upon any premises which has caused,

causes, or threatens to cause a violation of any provision of this chapter, any applicable permit, or any other requirement of law. In the event emergency repairs, construction, or other public work are performed on any premises pursuant to this section, the user responsible for the occurrence or condition giving rise to such work, the occupant of the premises and the owner of the premises shall be liable, jointly and severally, to the CSA for such emergency expenditures.

(Ord. 97-59 § 1 (part))

When a user's discharge of wastes causes an obstruction, damage or any other impairment to the water system, the pump stations, or the district reservoir, the building official may assess a charge against the premises for the work required to clean or repair the facility and add such charge to the annual user charge collected on the tax roll.

(Ord. 97-59 § 1 (part))

The building official may terminate or cause to be terminated water services to any premises upon a showing that: (1) any provision of this chapter, any applicable permit, or any other regulation has been violated or threatens to be violated, or (2) user fees and charges have not been paid.

A.

Disconnection of Service. In the event of a violation culminating in the termination of water service pursuant to this section, the building official shall and is hereby authorized to disconnect all water connections to the premises.

B.

Procedure for Termination of Service. Prior to termination of service, the user shall be provided with seventeen (17) days' notice of the CSA's intention to terminate service to the user, except in the case of emergencies, in which case no prior notice shall be necessary so long as the user is promptly given a hearing after such service is terminated. The user may request a hearing prior to termination. Such hearing shall be conducted by the building official on a date not more than thirty (30) days nor less than fifteen (15) days after the mailing of said notice to the user in order to present the user with an opportunity to explain the user's failure to comply with this chapter. After the hearing, the director may terminate service if he or she concludes that the user has not complied with this chapter.

(Ord. 97-59 § 1 (part))

No person shall knowingly make or submit any false statement, representation, record, report, plan, or other document or knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this chapter. Any such falsification or tampering shall be grounds for revocation of any permit issued in addition to any punishment or remedy provided by this chapter or other applicable law.

(Ord. 97-59 § 1 (part))

Any discharge of waste or other condition or act in violation of any of the provisions of this chapter, or any permit issued pursuant to this chapter, or other directive of the building official authorized by the provisions of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law or by the abatement procedure in Title 15 of this code.

(Ord. 97-59 § 1 (part))

The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the CSA.

(Ord. 97-59 § 1 (part))

A.

Any user, permit holder, applicant, or other person aggrieved by any decision, action, finding, determination, order, or directive of the building official or the director made or authorized pursuant to the provisions of this chapter, or relating to any permit issued, or interpreting or implementing the same, may file a written request with the building official for reconsideration thereof within ten days of such a decision, action, finding, determination or order, setting forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the board within thirty (30) days from the date of filing a notice of appeal unless otherwise scheduled by the board. The appellant, the director, and the board shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the board may affirm, reverse, or modify the final determination of the building official or the director as the board deems just and equitable and in

furtherance of the provisions, purposes, and intent of this chapter. During the pendency of such appeal, the final determination of the building official shall remain in full force and effect. The board's determination on the appeal shall be final.

(Ord. 97-59 § 1 (part))

The building official is hereby authorized to adopt rules, regulations, and procedures which are necessary or appropriate to implement the provisions of this chapter.

(Ord. 97-59 § 1 (part))