Arvin Municipal Code Art. V Enforcement

The officers, employees and inspectors of the city have the right to enter upon the premises of any person at reasonable hours to inspect and to determine whether this chapter is being violated.

(Ord. No. 382, 2009).

The public works director is charged with the duty of enforcing this chapter. The provisions of this chapter apply to any building, structure or property connected to the city's sewer system, whether the same is owned, operated or controlled by a private party or by a public or quasi-public agency, corporation or association, other than the city.

(Ord. No. 382, 2009).

In addition to such other penalties as may be prescribed for a violation of this chapter, whenever the city finds that a discharge of wastewater has taken place in violation of any prohibitions or limitations or pretreatment standards promulgated in accordance herewith, a written notice will be served upon such person requiring the submission to the city for approval, and a detailed time schedule for, specific actions which the user is required to take in order to prevent or correct such violation. The reporting schedule and sampling and analysis will be in accordance with the provisions for this chapter. Any failure to comply with such an approved time schedule, or sampling any analysis, is a violation of this chapter, and subject to further enforcement actions.

(Ord. No. 382, 2009).

If a violation is not corrected by timely compliance, the city may order any user to show cause before the city as to why service should not be terminated, in accordance with the following provisions:

A. A notice will be served on the user, specifying the time and place of a hearing to be held by the city regarding the violation, and directing the offending party to show cause before the city as to why an order should not be made directing the termination of water service and/or severance of sewer connection. The notice of hearing will be served personally or by registered or certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on an authorized representative of an industry, or the occupant(s) or owner(s) of record of the property.

B. The city will designate the individuals to conduct the hearing. The city may be represented by any member(s) of the city council, the public works director and/or the city manager. These persons are authorized to:

1. Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved to such hearings;

2. Take the evidence; and

3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

C. At any public hearing, testimony taken before the city or any person designated by it must be under oath, and made available to any member of the public or any party to the hearing upon request.

D. After the city council has reviewed the evidence, it may issue an order to the user responsible for the violation directing that, following a specified time period, the sewer connection be severed unless adequate treatment facilities and devices or other related opportunities are properly operated and appropriate to ensure compliance with this chapter.

(Ord. No. 382, 2009).

A. It is hereby declared to be a policy of the city council that any user of the city's sewage disposal system and treatment plant who violates any provision of this chapter will, upon due process, be disconnected from the city's sewer disposal system.

B. The city will reinstate sewer service upon proof of the elimination of the noncomplying discharge.

(Ord. No. 382, 2009).

Whenever the city finds that a discharge of wastewater produces an imminent hazard to the public health or safety or endangerment to public or private property, the city is authorized to take immediate action to suspend water service and sever all pertinent connections to the sewer without giving any advance notice or warning to the user.

(Ord. No. 382, 2009).

Any person aggrieved by any decision, action or determination made by the city, interpreting or implementing the provisions of this code, including, but not limited to, charges required to be paid, may file with the public works director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth, in detail, the facts supporting the request for reconsideration. If the ruling made by the public works director on such request for reconsideration is not satisfactory to the person requesting the same, s/he may, within ten (10) days after written notification of the public works director's ruling, appeal the same to the city council by filing a written notice of appeal with the city clerk. The appeal will be heard by the city council within thirty (30) days from the date of filing. After hearing the appeal of such person and giving due consideration thereto, the city council will make its determination and notify the aggrieved party of such determination within ten (10) days of the hearing. The appeal will be based on the appellant's written request to the public works director and such director's ruling thereon. The ruling of the public works director is final and conclusive for all purposes, except for any ruling by such director that the city council finds to be arbitrary, capricious or not based on substantial evidence. The public works director's decision, actions or determination will remain in full force and effect during such periods of reconsideration and/or appeal.

(Ord. No. 382, 2009).

Pursuant to the provisions of the United States Code, title 18, section 1001, relating to fraud and false statements, and the provisions of section 309(c)(2) of the Clean Water Act governing false statements, representations or certification in reports required under the Clean Water Act, any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained for this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, will, upon conviction, be punished by a fine of not more than twenty thousand dollars ($20,000.00) or imprisonment for not more than six (6) months, or both.

(Ord. No. 382, 2009).

Any user who is found to have violated an order of the city council, or who willfully or negligently fails to comply with any provisions of this chapter, or the orders, rules and regulations, will be fined not more than twenty-five thousand dollars ($25,000.00) for each offense (California Government Code section 54740). Each day on which a violation occurs, or continues to occur, is a separate and distinct offense. The city may petition the superior court to impose, assess and recover such sums or to issue a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such violation. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporter fees and other expenses of litigation by appropriate suits at law against the person found to have violated this chapter or the orders, rules and regulations hereunder.

(Ord. No. 382, 2009).