Atascadero Municipal Code Ch. 13 Stormwater Pollution Prevention

The ordinance codified in this chapter is enacted to protect the health, safety and welfare of the citizens of Atascadero, their property and to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to, and consistent with, the Federal Clean Water Act (33 U.S.C. § 1251 et seq.), by reducing pollutants in stormwater discharges to the maximum extent practicable, and by prohibiting non-stormwater discharges to the stormwater conveyance system. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes.

(Ord. 579, 2014)

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Atascadero does hereby adopt the following floodplain management regulations.

(Ord. 579, 2014)

(a) The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into waters of the United States by extending National Pollutant Discharge Elimination System requirements to stormwater and urban runoff discharges into the City's storm drain system.

(b) Stormwater flows from individual properties to the municipal storm drain system and then ultimately discharges to waters of the United States.

(c) The City is permitted under the State Water Resources Control Board General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ) and the National Pollutant Discharge Elimination System General Permit No. CAS000004. Under the provisions of this permit, the City is required to possess the necessary legal authority to implement appropriate procedures to regulate the entry of pollutants and non-stormwater discharges into the City's storm drain system.

(Ord. 579, 2014)

The terms used in this chapter shall have the following meanings:

"Animal waste"

means and includes animal fecal material from any property, residence, yard, kennel, pen, park, animal show, or from any activity involving an animal, including keeping, riding, exercising, showing, recreating, walking, or transporting.

"Automotive repair shop"

means a facility that is categorized under any one of the following Standard Industrial Classification (SIC) codes and any subsequent update thereof: 5013, 5014, 5541, 7532-7534, or 7536-7539.

"Best Management Practices (BMPs)"

means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include, but are not limited to, treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control run-off, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and such other provisions as the City determines appropriate for the control of pollutants.

"City"

means the City of Atascadero in the County of San Luis Obispo, State of California.

"City Council"

means the City of Atascadero City Council.

"City Manager"

means the City of Atascadero City Manager and his or her designee(s).

"Clean Water Act (Act)"

means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

"Commercial development"

means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

"Discharge"

means the release or placement of any material into the City's storm drain system including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous materials, raw materials, debris, litter or any other substance.

"Hazardous materials"

means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous wastes include, but are not limited to, those specified in California Health and Safety Code Section 25117.

"Hillside"

means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 10% or greater.

"Illicit connection"

means any of the following:

A.

Any drain or conveyance system, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to, sewage, process wastewater, wash water, or pool or spa water.

B.

Any connections to the storm drain system from indoor drains and sinks, which is not currently exempted or permitted, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency.

C.

Any drain or conveyance connected from any land use to the storm drain system that has not been documented and approved by the City.

D.

Any unpermitted connection of a stormwater system to the publicly owned treatment works, or POTW, as defined in Chapter 14.08 of the Municipal Code.

"Illicit discharge"

means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted by this chapter. An illicit discharge is assumed to have occurred if a prohibited material is placed, blown, washed, tracked or in any way allowed to accumulate in any part of the municipal storm drain system so that it can be conveyed by stormwater.

"Implementing agency"

means the agency or department designated by the City Manager to enforce the provisions of this chapter with respect to a particular site, facility or industry category.

"Industrial activity"

means activities subject to NPDES industrial permits as defined in Title 40, Section 122.26(b)(14), of the Code of Federal Regulations.

"Material"

means any substance including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

"Municipal Stormwater Permit"

means the National Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (General Permit), including any amendments thereto or successor permit, issued to the City by the Regional Board.

"National Pollutant Discharge Elimination System (NPDES) Permit"

means a permit issued by either the Regional Board or the State Water Resources Control Board pursuant to Chapter 5.5 of Division 7 of the California Water Code (commencing with § 13370) to control discharges from point sources to waters of the United States.

"New development"

means land-disturbing activities; structural development including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. New development also includes redevelopment, which means, on an already developed site, the creation or addition of at least 2,500 square feet of impervious area. Redevelopment includes, but is not limited to, the expansion of a building footprint or addition of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; and land-disturbing activities related to structural or impervious surfaces.

"Non-stormwater discharge"

means any discharge to the storm drain system that is not composed entirely of stormwater.

"Person"

means any individual as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant"

means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure including, but not limited to, sediments, slurries, and concrete residuals; and noxious or offensive matter of any kind.

"Porter-Cologne Act"

means the Porter-Cologne Water Quality Control Act (commencing with California Water Code § 13000 et seq.), as may be amended from time to time.

"Potential discharger"

means any person who by nature of the enterprise, activity or industry in which is engaged, or by the use, possession or ownership of a specified type of equipment, is determined by the City Manager to generate or to have the capacity to generate wastes or wastewater which has significant po-tential to be discharged to the City's storm drain system.

"Potential prohibited discharge"

means any condition or activity that does not currently result in a prohibited discharge but is nevertheless determined by the City Manager to be a condition that is substantially likely to result in a prohibited discharge in the future.

"Premises"

means any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

"Prohibited discharge"

means any non-stormwater discharge to the City's storm drain system or directly to natural creeks and small streams, and that is not otherwise specifically authorized by this chapter, the Regional Board, state or federal law, or an NPDES permit.

"Receiving waters"

means bodies of surface water, as specified in the Municipal Stormwater Permit including, but not limited to, creeks and rivers, which serve as discharge points for the City's storm drain system.

"Regional Board"

means the California Regional Water Quality Control Board, Central Coast Region.

"Restaurant"

means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption.

"Retail gasoline outlet"

means any facility engaged in selling gasoline, diesel, and lubricating oils.

"Standard Industrial Classification or SIC"

means a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget.

"Storm drain system"

means public and private facilities by which stormwater is collected and/or conveyed including, but not limited to, roads, streets, sidewalks, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels and swales, reservoirs, creeks, waters of the United States and other drainage structures which are within the City and are not part of a publicly owned treatment works (POTW) as defined in Title 40 Section 122.2 of the Code of Federal Regulations.

A.

Public facilities are those owned, maintained and operated by the City. The piped portion of this system includes the enclosed pipelines, catch basins, manholes, and junction structures.

B.

Private facilities are those on private property and not controlled by the City.

"Stormwater"

means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation.

"Structural BMP"

means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

"Treatment control BMP"

means any engineered system designed to remove pollutants from stormwater runoff by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

"User"

means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the City's storm drain system.

"Watercourse"

means a natural or artificial channel, above or below ground, through which water may flow.

"Waters of the United States"

means surface watercourses and water bodies as defined in Title 40 Section 122.2 of the Code of Federal Regulations, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

(Ord. 579, 2014)

This chapter shall apply to all water entering the City's storm drain system generated on any developed and undeveloped lands within the City.

(Ord. 579, 2014)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 579, 2014)

In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state or federal statutes.

(Ord. 579, 2014)

The City Manager, or designee, shall administer, implement, and enforce the provisions of this chapter. The City Manager is hereby authorized to establish any rules and regulations necessary for the enforcement of this chapter, and may delegate and appoint employees of the City to act on his or her behalf.

(Ord. 579, 2014)

This chapter shall be construed in a manner that is consistent with the requirements of the Clean Water Act and the Porter-Cologne Act and any acts that may amend or supplement those acts, and any applicable implementing regulations.

(Ord. 579, 2014)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter or the application of those provisions.

(Ord. 579, 2014)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend or imply that compliance with its provisions by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into waters of the United States caused by said person. This chapter shall not create liability on the part of the City or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or on any administrative decision lawfully made under its provisions.

(Ord. 579, 2014)

Except as provided in Section 7-13.013, no person shall discharge, permit to be discharged or cause to be discharged, into any municipal storm drain system, watercourse, natural outlet, creek or channel, any materials, including, but not limited to, sewage, industrial waste, garbage or rubbish, animal waste, pollutants, or waters containing any pollutants that may cause or contribute to a violation of applicable water quality standards. Examples of waters containing pollutants include:

(a) Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

(b) Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial operations;

(c) Water from the commercial rinsing of vehicles containing soap, detergents, solvents, or other cleaners;

(d) Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

(e) Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

(f) Vehicle fluids;

(g) Mat wash water from food service facilities;

(h) Food and kitchen cleaning water from food service facilities;

(i) Leakage from dumpsters or trash containers;

(j) Water from the cleaning or rinsing of garbage dumpsters areas and areas where garbage is stored or contained;

(k) Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;

(l) Wastewater or cleaning fluids from carpet cleaning;

(m) Wash out from concrete trucks;

(n) Slurry from saw cutting;

(o) Runoff from areas where hazardous substances, including diesel fuel, gasoline, and motor oil are stored;

(p) Super-chlorinated water normally associated with the disinfection of potable water systems.

(Ord. 579, 2014)

The following discharges to the City's storm drain system are exempt from the discharge prohibition set forth in Section 7-13.012.

(a) Any discharge permitted under a NPDES permit issued to the discharger, and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided the discharger is in full compliance with all permit requirements and all other applicable laws and regulations and provided further that written approval has been granted by the City for any discharge to the City's storm drain system.

(b) De-chlorinated water line flushing; non-excessive incidental runoff from landscape irrigation in accordance with the City's Water Conservation Ordinance; rising groundwaters; uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005(20)); uncontaminated pumped groundwater; foundation drains; air conditioning condensation; springs; footing drains; individual residential car washing; flows from riparian habitats and wetlands; and firefighting flows. Dechlorinated swimming pool discharges will be allowed with prior approval by the City Manager. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test.

(c) Agricultural discharges regulated by the State Water Resources Control Board and/or Regional Board pursuant to waiver and/or formal policy, provided the discharger is in compliance with all relevant permit, waiver or policy conditions established by the State Water Resources Control Board and/or Regional Board.

(d) Any discharge that the City Manager, the County Health Officer or the Regional Board determines in writing is necessary for the protection of public health or safety.

(Ord. 579, 2014)

Notwithstanding the exemptions provided for Section 7-13.013, if the Regional Board or the City Manager determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to a violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the City Manager may give written notice to the owner or operator of the facility advising that the discharge exception shall not apply to the discharge at issue following a 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge from the noticed facility shall be unlawful.

(Ord. 579, 2014)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the City Manager's determination as to the existence of a threatened prohibited discharge.

(Ord. 579, 2014)

It shall be unlawful for any person to establish, use, maintain, continue, or cause to be established, used, maintained, or continued, any illicit connection to the City's storm drain system. This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of this chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time the connection was first made. The City Manager shall require by written notice that a person responsible for an illicit connection to the storm drain system eliminate or secure approval for the connection by a specified date. If any person fails to disconnect an illicit connection upon notification by the City Manager, the City may perform the disconnection and pursue the recovery of costs for such disconnection.

(Ord. 579, 2014)

Whenever the City Manager finds that a discharge of pollutants or an illicit discharge is occurring or has occurred, which will result in or has resulted in pollution of stormwater, the storm drain system, or receiving waters, the City Manager may require the property owner and/or the responsible person to discontinue the discharge and remediate the pollution either immediately, by a specified date and no later than 30 calendar days, and if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.

(Ord. 579, 2014)

Any person owning or occupying a premises or conducting any activity that has knowledge of any non-stormwater discharge or threatened prohibited discharge to the City's storm drain system, originating in the premises or resulting from the activity, shall immediately, properly contain and clean up the affected area. The City Manager may require the property owner and/or the responsible person to restore the affected property within a specified time.

(Ord. 579, 2014)

(a) Notwithstanding any other requirement of law, any known or suspected release of materials, pollutants or waste, which may result in pollutants or non-stormwater discharges entering stormwater, the City's storm drain system or waters of the United States, shall be reported immediately in the following manner by any person in charge of a facility or responsible for the facility's emergency response:

(1) The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).

(2) The release of a non-hazardous waste shall be reported to the City Manager by phone no later than 5:00 p.m. on the same business day. If the release occurs after hours, on a weekend or holiday, notification by phone shall be made on the next business day. A written notification of the release shall also be made to the City Manager within five business days of the release. The facility shall retain a copy of the written notice for at least three years.

(b) In addition to the above requirements, release of any hazardous materials or substances, sewage, oil, or petroleum to any waters of the state, or discharged or deposited where it is or probably will be discharged in or on any waters of the state, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code.

(Ord. 579, 2014)

The City may adopt requirements identifying appropriate Best Management Practices (BMPs) for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the City's storm drain system, or waters of the United States.

(Ord. 579, 2014)

Any person engaged in activities or operations, or owning facilities or property, that will or may cause or contribute to pollution or contamination of stormwater, illicit discharges, or discharge of non-stormwater to the City's storm drain system or waters of the United States, shall implement appropriate BMPs adopted by the City to prevent and reduce such pollutants to the maximum extent practicable.

(Ord. 579, 2014)

Within the City boundaries:

(a) Every person owning, renting, or leasing property through which a watercourse passes, shall keep and maintain that part of the bed, bank, and channel of the watercourse within the property free of pollutants, as defined in Section 7-13.004 of this chapter. The owner, renter, or lessee shall not remove healthy bank vegetation beyond that necessary for maintenance, or manage vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(b) The owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(c) All prohibitions, exceptions, and requirements contained in this chapter regarding non-stormwater discharges to the City's storm drain system are extended to natural watercourses and lakes.

(d) The property owner, lessee or tenant is responsible for complying with all laws, rules, and regulations of Federal and State of California agencies that may have jurisdiction over wetlands and waterways (e.g., U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California Department of Fish and Game). Maintenance must be done in a manner that does not adversely impact waterway species.

(Ord. 579, 2014)

(a) Except when deposited into containers or in lawfully established dumping grounds, no person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, including but not limited to dirt, green, human and animal waste, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, or other drainage structures, business place or upon any public or private lot of land in the City, so that the same may cause or contribute to pollution.

(b) The occupant or tenant, or in the absence of an occupant or tenant, the property owner, lessee or proprietor, of any real property adjacent to a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from sidewalks shall not be swept or otherwise made or allowed to go into the gutters or roadways, but shall be disposed of in receptacles maintained on such real property.

(c) All persons responsible for pets shall promptly pick up animal waste (fecal matter) deposited in public areas and properly dispose of it in a trash receptacle.

(Ord. 579, 2014)

(a) Any person subject to a State Water Resources Control Board Construction General Permit for discharges of stormwater associated with construction activities shall comply with all provisions of such permit. Proof of enrollment in the program will be required prior to obtaining a grading or building permit.

(b) Construction activities which may result in the release of pollutants to stormwater include, but are not limited to, grading, paving, pouring or cutting concrete, painting, and landscaping. BMPs shall be implemented by the permittee, developer, or contractor, to control pollutants at construction sites which include, but are not limited to, concrete truck washout, chemicals, litter, sanitary waste, discarded building materials, and sediments released by tracking and erosion during and immediately following construction. The BMPs shall conform to any adopted City of Atascadero Engineering Department Standard Specifications and Drawings or as approved by the City Engineer. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued in connection to such construction activity.

(c) Whenever any activity including, but not limited to, construction activity, is being performed contrary to, and in violation of this chapter, the City Manager may order the activity stopped by issuing a writ-ten notice, posted on the premises or served on the responsible party. The responsible party shall stop such work or activity until authorized by the City to proceed.

(Ord. 579, 2014)

(a) Drainage Plan. By March 6, 2014, every application for a new development including, but not limited to, a tentative map, conditional use permit, planned development, or building permit shall include a drainage plan that meets certain criteria specified in a City Council adopted Storm Drainage Standards. The applicability to each project listed above will be as set forth in the Storm Drainage Standards.

(b) Licensed Professional. The drainage plan shall be prepared by a civil engineer registered in the State of California.

(c) Construction-Phase BMPs. The construction-phase BMPs shall conform to the Storm Drainage section of the City's Engineering Department Standard Specifications and Drawings.

(d) Long-Term Maintenance of BMPs. Long-term maintenance of BMPs shall be established in conformance with the City Council adopted Storm Drainage Standards.

(Ord. 579, 2014)

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the City Manager has reasonable cause to believe there exists, or potentially exists, in any building or upon any premises any condition which constitutes a violation of this chapter, the City Manager may enter such building or premises at all reasonable times, with presentation of proper identification, to inspect the same or perform any duty imposed upon the City Manager by this chapter including, but not limited to, sampling and examination of records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is empowered to seek assistance from any court of competent jurisdiction to obtain such entry.

(Ord. 579, 2014)

The City Manager may require that any person engaged in any activity, and/or that owns or operates any facility, that may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the City's storm drain system or receiving waters, perform sampling, monitoring and/or analyses and submit the resulting reports to the City. The burden and all costs associated with the required sampling, monitoring, analyses, and reports shall be borne by the responsible party. The City Manager may also request information relevant to person's compliance with Water Quality Order No. 2013-0001-DWQ for Small Municipal Separate Storm Sewer Systems and any subsequent update thereof.

(Ord. 579, 2014)

(a) Whenever the City Manager finds, or has cause to believe, that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Manager shall issue a written notice of the alleged violation to that person. If the person's location is not known, the notice shall be conspicuously posted at the site of the violation. The notice shall identify the provision(s) of this chapter that has been violated and shall direct that the violation(s) be corrected within the time specified in the notice. The notice shall further advise that, should the violator fail to remediate or restore the affected property by the established deadline, the remediation or restoration may be undertaken by the City or a contractor designated by the City Manager and the expense for such work shall be charged in full to the violator.

(b) Nothing in this section shall limit the authority of the City Manager to take any action, including emergency actions or any other enforcement action, without issuing a notice of violation; however, such a notice shall be issued as soon as possible.

(Ord. 579, 2014)

(a) Any user, IU, permit applicant, or permittee affected by any decision, action or determination, taken or issued by the City Manager, may file with the City Manager a written request for an appeal hearing. The request must be received by the City within 15 calendar days of such decision, action, or determination of the City to the appellant. The request for hearing shall set forth in detail all the facts supporting the appellant's request.

(b) The City Manager shall within 15 days of receiving the request for appeal designate an impartial hearing officer to hear the appeal and provide written notice to the appellant of the hearing date, time and place. Employees of the City shall not be eligible to serve as the hearing officer.

(c) The City Manager shall set the time and place for hearing the appeal, and a notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City, and notice shall also be given to the appellant by mailing, postage prepaid, at the address provided by the appellant in the letter of appeal at least 10 working days before the hearing date.

(d) The hearing date shall not be more than 30 days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the City Manager's decision shall be deemed final.

(e) The scope of the hearing shall be limited to the technical evidence regarding the alleged violation(s) and proposed enforcement action(s). The hearing officer shall have no authority to waive any requirement of the municipal code.

(f) At the hearing the appellant shall have the opportunity to present information supporting its position concerning the City Manager's decision, action or determination.

(g) After the conclusion of the hearing, the hearing officer shall submit a written report to the City Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the City Manager's original decision, action or determination. Upon receipt of the written report the City Manager shall make a determination and shall issue a decision and order within 30 calendar days of the hearing by his or her designee. The written decision and order of the City Manager shall be sent by certified mail to the appellant at the appellant's business address, or to the address of appellant's legal counsel/representative.

(h) The decision of the City Manager shall be the final decision, and no action by the City Council shall be required.

(i) A fee, as provided for under this subsection, shall accompany an application for a hearing before any hearing date. The purpose of the fee shall be to cover those costs incurred by the City to provide for the appeals process. Appeal fees shall be set by resolution, subject to review by the City Council. Appeal fees will be reviewed periodically to ensure that the fees charged cover the costs associated with the appeals process.

(j) If the appellant wishes to have the hearing transcribed, the appellant may request that a court reporter be present at the hearing. The appellant shall bear all costs and expenses of the transcription.

(Ord. 579, 2014)

If any violation of this chapter is not corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under Section 7-13.029, within 10 days of the decision of the City Manager, then the City is authorized to enter onto the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person to refuse to allow the City to enter upon the premises for the purposes set forth in this section. All expenses related to abatement and/or restoration activities undertaken by the City shall be fully reimbursed by the property owner(s) and/or responsible party(ies) in accordance with Section 7-13.032.

(Ord. 579, 2014)

The City Manager is authorized to require the immediate abatement of any violation of this chapter that, in the City Manager's opinion, constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not immediately abated as directed by the City Manager, the City is authorized to entry onto private property and to take any and all measures required to remediate the violation. All expenses related to such remediation undertaken by the City shall be fully reimbursed by the property owner(s) and/or responsible party(ies) in accordance with Section 7-13.032. Any relief obtained under this section shall not preclude the City from seeking other and further relief authorized under this chapter.

(Ord. 579, 2014)

Within 30 days after abatement and/or restoration by the City, the City Manager shall notify the property owner of the cost of abatement and/or restoration, including administrative costs. If the amount due is not paid within 30 days of the notification, or within 30 days from the expiration of the time in which to file an appeal pursuant to this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(Ord. 579, 2014)

It is unlawful for any person to violate any provision of this chapter or any order issued pursuant to this chapter.

(a) Civil Actions. If any person violates any provision of this chapter or any order issued pursuant to this chapter, the City may commence a civil action for appropriate legal and/or equitable relief in any appropriate court.

(b) Criminal Penalties. A violation of, or failure to comply with, any of the requirements of this chapter shall be punishable as a misdemeanor. The City may seek criminal penalties to the maximum extent permitted by the California Penal Code. Each day on which a violation occurs or continues shall be a separate and distinct offense.

(Ord. 579, 2014)

In addition to the enforcement procedures and penalties provided for in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance. Each day on which a violation occurs or continues shall be a separate and distinct offense.

(Ord. 579, 2014)

Any person who violates any provision of this chapter, or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. 579, 2014)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Manager may impose upon a violator alternative compensatory actions or fees.

(Ord. 579, 2014)