Arcata Municipal Code Art. 4 Compliance Monitoring, Violations and Administrative and Other Remedies

A. The City may conduct inspections and sampling as necessary to carry out the purposes of this chapter, including but not limited to random sampling or sampling in areas with evidence of stormwater contamination or discharges of pollutants into storm drainage facilities.

B. The City shall have the right to set up on any property, or require the installation of, any devices as are reasonably necessary to conduct sampling or metering operations.

C. The City shall have the right to conduct inspections to ascertain whether the purpose of this ordinance is being met, or whether BMP requirements contained in any permit or order issued by the City are being complied with.

D. In order to fulfill the purposes and objectives of this ordinance, the City may require any person engaged in any activity or owning or operating any facility that may cause or contribute to illegal discharges, to install monitoring equipment as may be necessary.

E. Unreasonable delays in allowing City personnel access to the premises shall be a violation of this ordinance.

Any person who causes or permits the discharge of pollutants shall take all necessary steps to notify the appropriate regulatory authority or authorities, contain and clean up such discharge as soon as possible and come into compliance with all applicable rules and regulations. In addition to other agencies as may be required by federal, state or local law, such person shall immediately notify the City of the discharge and inform it of the location of the discharge, type of material, concentration and volume discharged and of corrective actions taken.

A. Whenever the City finds that any person has violated or is violating this Ordinance, an order issued hereunder or a City permit, the Director may serve upon said person a written Notice of Violation. Within ten days of the receipt of this Notice, the person shall submit to the Director an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Submission of said plan in no way relieves the person of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take any action, including emergency or enforcement action, without first issuing a Notice of Violation.

B. Whenever the City finds that any person has violated or is violating this Ordinance, an order issued hereunder or a City permit, the Director may issue a Compliance Order to the discharger directing the discharger to come into compliance within a time period determined reasonable by the Director. Compliance Orders may contain requirements to address the non-compliance, including the installation of adequate treatment facilities, devices, or other related appurtenances, self-monitoring, and BMPs. A Compliance Order does not release the user of liability for any violation, including any continuing violation. Issuance of a Compliance Order shall not be a prerequisite to taking any other action against the discharger.

C. If the City finds that a discharge or activity has taken place in violation of this chapter, the Director may issue an order to cease and desist such discharge or activity and direct the discharger or other responsible party to immediately comply with the requirements herein and take appropriate remedial or preventive action as necessary including halting operations and/or terminating the discharge. Issuance of a cease-and-desist order shall not be a prerequisite to taking any other action against the discharger.

A. Notwithstanding any other provision of this ordinance, the Director may issue an administrative complaint to any user who violates any provision of this ordinance. The administrative complaint shall allege the act or failure to act that constitutes the violation of the ordinance, shall provide a period deemed reasonable by the Director in which to come into compliance, shall specify the provisions of the law that authorize civil liability to be imposed, and shall state the proposed civil penalty.

B. The administrative complaint shall be served by personal delivery or certified mail on the person alleged to be in violation, and shall inform said person that a hearing shall be conducted within ten (10) days after the person has been served. The hearing shall be before the Environmental Services Director, who shall act as Hearing Officer, unless conflicted or otherwise unavailable, in which case the hearing shall be before the Community Development Director, who shall act as Hearing Officer. The person who has been issued an administrative complaint may waive the right to a hearing, in which case no hearing shall be conducted. A person dissatisfied with the decision of the Hearing Officer may appeal to the City Council within thirty days of notice of the Hearing Officer’s decision.

C. If after the hearing or appeal, if any, it is found that the person has violated provisions of this Ordinance, the Hearing Officer or City Council may assess a civil penalty against that person. In determining the amount of civil penalty, the Hearing Officer or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

D. Civil penalties may be imposed in accordance with Government Code Section 53069.04 and shall not exceed $500.00 for each day of violation.

E. The amount of any civil penalty imposed under this section that has remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of a civil penalty. The lien provided herein shall have no force or effect until recorded with the County Recorder and when recorded, shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of California Civil Code of Procedure Sections 683.110-683.220.

F. Administrative actions provided herein are do not preclude the City from taking any other additional legal or administrative action. (Ord. 1516, eff. 8/16/2019)

Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is hereby declared to be a nuisance.

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

The City Attorney may seek legal, injunctive, or equitable relief to enforce the provisions of this chapter, including but not limited to any or all of the following remedies:

A. A temporary restraining order or preliminary 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.

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

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