Banning Municipal Code Ch. 13.24 Stormwater Management System

The ordinance codified in this chapter shall be known as the "City of Banning Stormwater Management and Discharge Control Code", or the "Stormwater Code" for short, and may be so cited.

(Code 1965, § 34-1.)

(Ord. No. 1415, § 1, 1-12-10)

The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens by:

A. Regulating nonstormwater discharges to the municipal separate storm drain; and

B. Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater; and

C. Reducing pollutants in stormwater discharges to the maximum extent practicable.

The intent of this chapter is to protect and enhance the water quality of city watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Code 1965, § 34-2.)

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

A. Best management practice (BMP). "BMP" or "BMPs" mean schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs shall include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. The California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs.

B. "Detention Basin" refers to a basin type structure which permits large flows of stormwater to enter and remain, but limits and controls the outflow (i.e., discharge) by having a small opening at the lowest point of the structure.

C. "Director" means the director of the public works department of the City of Banning.

D. "Enforcement officer" includes the city manager, public works director, city engineer, building and safety official, code enforcement officer, and their designees.

E. "Illicit connection" means any physical connection to a storm drain system which has not been permitted by the City of Banning, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

F. "Illegal discharge" means any discharge to the storm drain system that is not composed entirely of stormwater runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana or Colorado River Basin Regional Water Quality Control Board.

G. "Infiltration basin" refers to designs and/or practices for directing stormwater from a basin type of structure to the groundwater table through permeable soils.

H. "Municipal NPDES permit" means an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system, and shall refer to NPDES permit number CAS617002 (R7-2008-0001) or its successor.

I. "National Pollutant Discharge Elimination System (NPDES) permit" means a stormwater discharge permit issued by the Santa Ana or Colorado River Basin Regional Water Quality Control Board in compliance with the federal Clean Water Act.

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

K. "Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

L. "Pollutant" means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include, but are not limited to, paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

M. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved.

N. "Retention basin" allows for relatively large flows of stormwater to enter in a basin type of structure during large storm events for which discharges are limited by outlet structures to a storm drain, the street, or other parts of the storm drain system. This type of basin notably has an outlet or discharge point so that stormwater does not accumulate in the basin for extended periods of time, when feasible, such that the stormwater permeates to a groundwater table.

O. "Storm drain system" means any facility by which stormwater may be conveyed to waters of the United States. The storm drain system includes, but is not limited to, any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structures.

P. "Stormwater runoff" means surface runoff and drainage associated with rainstorm events and snow melt. (Code 1965, § 34-3.)

(Ord. No. 1415, § 2, 1-12-10)

This chapter shall be administered for the city by the director of public works.

(Code 1965, § 34-4.)

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments, revisions or reissuance thereof.

(Code 1965, § 34-5.)

A nonstormwater discharge to the storm drain system is a violation of this chapter.

A. The prohibition of discharges shall not apply to any discharge regulated under a NPDES permit or waiver issued to the discharger and administered by the state of California under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.

B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting.

(Code 1965, § 34-7.)

A. Any discharge that results in or contributes to a violation of an existing or future municipal NPDES permit(s) and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited.

B. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

C. A copy of the current municipal NPDES permit will be filed in the city clerk's office. (Code 1965, § 34-8.)

(Ord. No. 1415, § 3, 1-12-10)

A. It is a violation of this chapter to establish, use, maintain, or continue an illicit connection to the city's storm drain system, or to commence or continue any illegal discharge to the city's storm drain system. The prohibition against illicit connections is expressly retroactive and applies to past illicit connections when made.

B. Illegal discharges include, without limitation, the following:

1. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities;

2. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment or machinery including motor vehicles, cement-related equipment, and port-a-potty service;

3. Discharges of wash water from mobile operations such as oily or greasy discharges from mobile automobile washing or similar mobile services, and/or discharges from steam cleaning, power washing, and carpet cleaning;

4. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials as that term is defined by the federal Department of Transportation; and

5. Discharges of food-related wastes, including without limitation, grease, fish processing, and restaurant kitchen mat and trash bin wash water. (Code 1965, § 34-9.)

(Ord. No. 1415, § 4, 1-12-10)

A. It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant, including but not limited to refuse, rubbish, garbage, abandoned vehicles or other discarded or abandoned objects, articles, and accumulation, 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 plot of land in the city.

B. It is an exception to the above that such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal.

C. It is a violation of this chapter to cause or permit any Dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

(Code 1965, § 34-10.)

A. It is a violation of this chapter for any person to improperly store grease, oil or other hazardous substances in outdoor areas such that any of these substances may leak or otherwise discharge from the container in which the substance is stored. In outdoor areas, no person shall improperly store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances.

B. To prevent the discharge of hazardous substances from the property, the city shall require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required.

C. It is a violation of this chapter for any person to operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition.

D. Any person or entity that owns or operates a commercial and/or industrial facility(s) shall comply with the provisions of this chapter. All such facilities shall be subject to inspection as required by this chapter, California Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. § 1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. (Ord. No. 1965, § 34-11.)

(Ord. No. 1415, § 5, 1-12-10)

Any person performing construction work in the city shall comply with the provisions of this chapter and the Uniform Building Code, latest edition, for erosion and sediment control, as well as City of Banning Ordinance 1388 which is incorporated by reference hereto. In addition, except as waived by or agreed to by the director or the director's designee consistent with NPDES permit provisions and requirements, development of all land within the city must include provisions for the management of stormwater runoff from the property which is to be developed, including volumetric or flow based treatment control BMP design criteria, and/or exceptions to these requirements, and methodologies used to ensure proper management of stormwater runoff post-construction. This management shall consist of constructing storage and/or infiltration facilities, which includes basins. At a minimum, all development will make provisions to store runoff from rainfall events up to and including the one-hundred-year, three-hour duration event. Post-development peak urban runoff discharge rates shall not exceed pre-development peak urban runoff discharge rates.

The city engineer shall be provided for review, comment and/or approval the drainage study, hydrologic analysis and design of drainage facilities prepared by a licensed professional engineer. (Code 1965, § 34-12.)

(Ord. No. 1415, § 6, 1-12-10)

A. Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The director shall identify the BMPs that may be implemented to prevent such deterioration and shall indentify the manner of implementation.

B. Any new development or redevelopment project shall control the volume and rate of stormwater runoff from the project so as to prevent any deterioration of water quality which would impair the subsequent or competing uses of the water. The director shall establish written retention standards and guidelines and/or implement BMPs designed to control the rate and volume of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. The standards, guidelines and BMPs shall include a provision permitting adjustments for specific projects where the director finds that due to unique circumstances not generally applicable to other properties, such adjustments are required but in such circumstances the director shall provide a written finding.

1. All new development and redevelopment projects that fall into one of the following categories are subject to the Water Quality Management Plan Design Standards for Best Management Practices as set forth in the NPDES permit number CAS617002 (Section F.1.c.), which is incorporated by reference hereto, a copy of which is available in the city clerk's office:

a. Single-family hillside residences that create ten thousand square feet, or more, of impervious area where the natural slope is twenty-five percent or greater, including single-family hillside residences that create ten thousand square feet of impervious area where the natural slope is ten percent or greater where erosive soil conditions are known;

b. Ten thousand square foot commercial and industrial developments;

c. Automotive repair shops (with standard industrial classification ("SIC") codes 5013, 7532, 7533, 7534, 7537, 7438, and 7539);

d. Retail gasoline outlets disturbing greater than five thousand square feet;

e. Restaurants disturbing greater than five thousand square feet;

f. Home subdivisions with ten or more housing units; and

g. Parking lots five thousand square feet or more or with twenty-five or more parking spaces and potentially exposed to nonstormwater discharges.

C. Acceptable methods and standards for controlling stormwater runoff volumes, rates, and pollutant load may include, but are not limited to, the following:

1. Increase Permeable Areas. Avoid placing impervious surfaces in highly porous soil areas; incorporate landscaping and open space into the project design; use porous materials for or near driveways and walkways; incorporate detention ponds and infiltration pits into the project's design; avoid placing pavement and other impervious surfaces in low-lying areas.

2. Direct Runoff to Permeable Areas. Direct stormwater runoff away from impermeable areas to swales, berms, green strip filters, gravel beds, and french drains. Install rain gutters and orient them toward permeable areas. Modify the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property. When designing curbs, berms or other structures, avoid designs which isolate permeable or landscaped areas.

3. Maximize Stormwater Storage for Reuse. Use retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.

4. Any new development shall comply with the provisions of this chapter, City of Banning Ordinance 1388 and the municipal NPDES permit, all of which are incorporated by reference hereto.

D. In the event the municipal NPDES permit is modified, the Director is authorized to apply the criteria of such successor permit.

E. In addition to the foregoing provisions, all existing and new development and redevelopment plans shall comply with stormwater code Section 13.24.110.

F. Any violation of this section is punishable as provided in the Banning Municipal Code including this chapter. In addition, fines may be imposed on a schedule agreed to between the city and any person or entity seeking to engage in a development or redevelopment project in the city. (Code 1965, § 34-13.)

(Ord. No. 1415, § 7, 1-12-10)

A. No permit or license shall be issued unless it is in accordance with all the provisions of city ordinances as codified in the Banning Municipal Code, including Titles 5, 13 and 15, and any permit or license issued contrary to the provisions of the Banning Municipal Code shall be void and of no effect.

B. An enforcement officer, after compliance with the procedures hereunder, may revoke or suspend a permit or license issued by the city upon a finding that:

1. The permittee or licensee has violated any of the conditions or requirements of the permit or license, or provisions of the Banning Municipal Code and any ordinances, rules or regulations pertaining to the permit or license; or

2. The permit or license was issued in error; or

3. The permit or license was issued on the basis of incorrect information supplied by the permittee or licensee.

C. Revocation or suspension of a permit or license issued by the city is proper when written notice of the violation(s) has been sent to the permittee or licensee by first class mail and the permittee or licensee has failed or neglected to correct the violation within twenty days from the date the written notice was mailed.

(Ord. No. 1415, § 8, 1-12-10)

A. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit.

B. Proof of compliance with the municipal NPDES permit will be required in a form acceptable to the director prior to issuance of any city grading, building, or occupancy permits. Due to requirements set forth in the NPDES permit changing from time to time, said compliance with the municipal NPDES permit requires compliance with the most recent NPDES permit on file in the city clerk's office. (Code 1965, § 34-14.)

(Ord. No. 1415, § 9, 1-12-10)

Where BMP guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with guidelines or requirements as may be identified by the director.

(Code 1965, § 34-15.)

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or the municipal NPDES permit, or whenever an enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the enforcement officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the enforcement officer by this chapter.

B. Entry hereunder shall be subject to the following:

1. If such building or premises be occupied, an enforcement officer shall first present proper credentials and request entry; and

2. If such building or premises be unoccupied, an enforcement officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or obtain a warrant to enter.

C. Any request for entry made hereunder 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 official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

D. 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 and the municipal NPDES permit, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit connections, illegal discharges, nonstormwater discharge to the stormwater system, follow up inspections as required by the County of Riverside, the Compliance Assistance Program ("CAP") of the NPDES permit, or the California State Water Quality Regional Control Board, or similar factors.

E. The property owner and/or occupant are liable for inspection fees as set forth in the city's adopted fee schedule through City Resolution 2006-114 duly adopted on September 12, 2006, which may be amended by the city council from time to time. (Code 1965, § 34-16.)

(Ord. No. 1415, § 10, 1-12-10)

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

(Code 1965, § 34-17.)

A. All persons in charge of a facility or responsible for emergency response for a facility are personally responsible to train facility personnel and maintain notification procedures to assure that immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city storm drain system.

B. As soon as any person in charge of a facility or responsible for emergency response for a facility has the knowledge described in subsection A of this section, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, and shall notify the city of the occurrence by telephoning and confirming the notification by correspondence to the director of the public works department and fire department.

(Code 1965, § 34-18.)

A. An enforcement officer may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater runoff, illicit connections, illegal discharges, and/or discharge of pollutants or nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the enforcement officer may specify. 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/or reports requested within a reasonable time frame as set forth by the enforcement officer or as agreed to between the enforcement officer and the person.

B. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, an enforcement officer may cause such monitoring and/or analyses to be performed within thirty days.

1. The costs, therefore, including the reasonable additional administrative costs incurred by the city, shall be the responsibility of the owner of the property and/or the person or entity in possession of the property.

2. The costs thereof shall be invoiced to the owner of the property and/or the person or entity in possession of the property.

3. If the invoice is not paid within sixty days of the issuance thereof, the costs may be levied as a lien upon and against the property and continue in existence until the same shall be paid consistent with the Banning Municipal Code including Chapter 8.48.

4. If the lien is not satisfied by the owner of the property within three months after the completion by an enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. (Code 1965, § 34-19.)

(Ord. No. 1415, § 11, 1-12-10)

A. Unless otherwise specified by ordinance, 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.

B. Notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter, at the discretion of the authorized enforcement officer may be charged and prosecuted as an infraction.

(Code 1965, § 34-20.)

A. It shall be unlawful for any person to violate any provision of this chapter.

1. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.

2. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

B. Any person so convicted shall be:

1. Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars for a first violation;

2. Guilty of an infraction offense and punished by a fine not exceeding two hundred dollars for a second violation;

3. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars or six months in jail, or both.

C. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.

D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Code 1965, § 34-21.)

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

(Code 1965, § 34-22.)

A. In addition to the penalties hereinbefore provided, 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 may be declared and deemed a nuisance, and may be summarily abated and/or restored by an enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken as authorized by the Banning Municipal Code including Chapter 8.48 or in any other manner provided by law.

B. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

C. In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearing, costs of suit and reasonable attorney's fees.

(Code 1965, § 34-23.)

(Ord. No. 1415, § 12, 1-12-10)

If payment of an award of abatement costs, penalties or damages is not made within ten days of an administrative or judicial determination of such costs, penalties or damages, the enforcement officer may file a notice of lien as provided for in the Banning Municipal Code, Chapter 8.48, describing the real property affected and the amount of the costs, penalties or damages claimed by the city with the office of the County Recorder of Riverside County. The enforcement officer may transmit the judgment or award of abatement costs, penalties or damages of the city, which shall place the amount thereof on the assessment roll as a special assessment to be paid with county taxes, unless paid earlier. A judgment or award of such costs, penalties or damages may also be enforced in any other manner provided by law, including the property being sold under execution if the recorded lien remains unpaid for at least three months.

(Ord. No. 1415, § 13, 1-12-10)

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

(Code 1965, § 34-24.)

In addition to any other remedies provided herein, this chapter may be enforced by civil action brought by the city. In any such action, the city shall 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 and attorney's fees 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 and aquatic life. Assessments under this section shall be paid to the city 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.

(Code 1965, § 34-25.)

(Ord. No. 1415, § 14, 1-12-10)

When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:

A. Comply with the requirement;

B. Comply with a time schedule for compliance; and/or

C. Take appropriate remedial or preventive action to prevent the violation from recurring.

(Code 1965, § 34-26.)

A. 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 sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering a city storm sewer system or natural watercourse, or a nonstorm sewer system or natural watercourse, or a nonstorm water discharge to a city storm sewer system or natural watercourse, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

B. In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice, and the cost thereof shall be invoiced to the owner of the property.

1. If the invoice is not paid within sixty days, a lien shall be placed upon and against the property.

2. If the lien is not satisfied by the owner of the property within three months after the completion of the required activities by the authorized enforcement officer the property may be sold in a satisfaction thereof in a like manner as other real property is sold under execution.

(Code 1965, § 34-27.)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, as provided by federal, state and local law. The remedies provided for herein shall be cumulative and not exclusive. (Code 1965, § 34-28.)

(Ord. No. 1415, § 15, 1-12-10)

In addition to the provisions of Chapter 1.20 of the Banning Municipal Code, any person, firm, corporation or organization required by an enforcement officer to perform monitoring, analyses, reporting, or corrective activities, or for revocation or suspension of a permit or license, and who is aggrieved by the decision of an enforcement officer, may appeal such decision to the director within fifteen days following the effective date of the enforcement officer's decision by writing to the director. Upon receipt of such request, the director shall request a report and recommendation from the enforcement officer and shall set the matter for hearing at the earliest practical date not to exceed sixty days from the date the request is filed. At said hearing, the director may hear additional evidence, and may reject, affirm or modify the enforcement officer's decision. Such decision shall be written and final unless appealed to the city council, which is required pursuant to California Code of Civil Procedure § 1094.6 prior to commencing any civil action commencing. (Code 1965, § 34-29.)

(Ord. No. 1415, § 16, 1-12-10)