Alameda County Municipal Code Art. III Inspection and Enforcement

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, including but not limited to those inspections deemed necessary to assure compliance with the provisions of Article IV, or whenever an authorized enforcement officer has reasonable cause to believe that there exists, in any building, structure, or facility, or upon any premises, any condition that constitutes a violation of the provisions of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that:

1. If such building or premises be occupied, he or she shall first present proper credentials and request entry; and

2. If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

B. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance form any court of competent jurisdiction in obtaining such entry.

C. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the waters of the United States or the county stormdrain system, or similar indications of potential pollution. The inspection of on-going maintenance of permanent stormwater quality controls constructed under the provisions of Section 13.08.095 and Article IV of this chapter shall be in accordance with a procedure or procedures established and published for that purpose by the director of public works.

D. Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devises as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

E. Notification of Spills. All persons in charge of an industrial, manufacturing, or commercial facility or responsible for emergency response for such a facility have a responsibility to train facility personnel and to maintain notification procedures to assure immediate notification is provided to the county of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of illicit or illegal discharge into the waters of the United States or the county stormdrain system.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any suspected spill that could result in pollutants or nonstormwater discharge entering the waters of the United States or the county stormdrain system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the county of the occurrence by telephoning 510-670-5543 and confirming the notification by correspondence to director of public works, 399 Elmhurst Street, Hayward, CA 94544, Attn: Spill Notification.

F. Requirement to Test or Monitor. Any authorized enforcement officer may request that any person engaged in any activity and/or owning, operating, or constructing any facility that the officer has reasonable cause to believe could cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the waters of the United States or the county stormdrain system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may reasonably require. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and reports required.

(Ord. 2005-61 § 1 (part))

Unless otherwise specified, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an administrative penalty.

(Ord. 2005-61 § 1 (part))

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 25132. Upon a person's first violation of this chapter charged as an administrative violation, the person shall be subject to a fine of not more than one hundred dollars ($100.00). Upon a second violation within a one-year period, the violator shall be subject to a fine of not more than two hundred dollars ($200.00). Upon a third violation within a one-year period, the violator shall be subject to a fine of not more than five hundred dollars ($500.00). If the fine is not paid within sixty (60) days of issuance thereof, a lien shall be placed upon and against the property involved in the violation.

(Ord. 2005-61 § 1 (part))

Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided. Unless otherwise directed by the director of public works, this provision shall not be applicable to the requirements of Article IV.

(Ord. 2005-61 § 1 (part))

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 2005-61 § 1 (part))

Any person who violates any provision of this chapter, any provision of any NPDES or other state permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any order or notice of an authorized enforcement officer may also be in violation of the Federal Clean Water Act and/or the State Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this article should also include notice to the violator of such potential liability.

(Ord. 2005-61 § 1 (part))

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter may be determined by the director of public works to be a threat to the public health, safety and welfare, and as such, may be declared and deemed by him to be a nuisance, may be summarily abated and/or restored by any authorized enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by county counsel.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the invoice may be sent to county collections. If the invoice is not paid through collections, a lien may be placed upon and against the property. If the lien is not satisfied within three months, the property may be sold in satisfaction thereof in a like manner as the other real property is sold under execution.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the director of public works shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. In any administrative or civil proceeding under this chapter in which the county prevails, the county shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney fees.

(Ord. 2005-61 § 1 (part))

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of the county decisions pursuant to this chapter.

(Ord. 2005-61 § 1 (part))

In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the county. In any such action, the county may seek, and the court may grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; and/or

D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the county to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 2005-61 § 1 (part))

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement officer shall have the authority to undertake the following administrative actions:

A. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, he may issue a written order to the property owner directing that such discharge be stopped.

B. Notices to Clean. Whenever an authorized enforcement officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the premises or upon the public sidewalk abutting or adjoining the premises, that may result in an increase in pollutants entering the county stormdrain system or a nonstormwater discharge to the county stormdrain system, he may give written notice to the property owner directing the removal of such material.

C. Stop Work Notices. An authorized enforcement officer may issue a stop work notice to any person who is conducting work in violation of this chapter. If there are not persons present on the premises, the officer shall post the stop work notice in a conspicuous place.

All notices or orders issued by the enforcement officer shall state the specific nature of the violation, including a reference to the provision of this chapter being violated. Any property owner or other person receiving such notice or order from an authorized enforcement officer shall promptly comply.

The requirements of this Section 13.08.200 may be enforced in accordance with the provisions of Chapter 15.28 of the general ordinance code.

D. Enforcement Fees. The cost of enforcement, including the current pay rate of the enforcement officer, including benefits and overhead, to achieve final resolution of any non-compliance of any section of this chapter shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the invoice may be sent to county collections. If the invoice is not paid through collections, a lien may be placed upon and against the property.

(Ord. 2005-61 § 1 (part))

Authorized enforcement officers shall have and are hereby vested with the authority to arrest or cite and release any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended.)

Such authorized enforcement officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5 of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the county board of supervisors that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.

(Ord. 2005-61 § 1 (part))

Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 2005-61 § 1 (part))

Any person aggrieved by any decision or direction of an authorized enforcement officer may appeal such decision or direction to the director of public works within ten days following the effective date of the decision by writing to the director of public works. Upon receipt of such request, the director of public works shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing at the earliest practical date. At said hearing, the director of public works may hear additional evidence, and may reject, affirm or modify the authorized enforcement officer's decision. Said decision shall be final.

(Ord. 2005-61 § 1 (part))

Any person receiving an administrative fine from an authorized enforcement officer may appeal such action to the director of public works by submitting a letter contesting the administrative fine to the director of public works at the address listed on the citation. This letter must be post-marked no later than ten (10) days following the date the administrative fine was imposed. Upon receipt of such request, the director of public works shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing at the earliest practical date. At said hearing, the director of public works may hear additional evidence, and may reject, affirm or modify the administrative fine imposed. The director of public works may designate a public works employee to conduct the hearing. The decision of the director of public works or his designee shall be final.

(Ord. 2005-61 § 1 (part))

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the county, any officer or employee thereof for any damages that result from reliance on this chapter, or any administrative decision lawfully made thereunder.

(Ord. 2005-61 § 1 (part))