Article VI — ENFORCEMENT NOTICES

The city shall use an enforcement response plan adopted by the city council, to guide the city in imposing progressive enforcement actions against users in noncompliance with this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

There is hereby established a class of violations to be known as administrative violations that are further subdivided into minor and major administrative violations as follows:

(1)

Minor administrative violations include, but are not limited to, the following:

a.

Submission of incomplete reports or questionnaires;

b.

Failure to submit required reports or correspondence by the scheduled due date;

c.

Failure to submit a compliance report by the due date specified without prior notification to the city;

d.

Failure to conduct required monitoring;

e.

Failure to notify the industrial pretreatment division of a violation of a permit condition within 24 hours after discovery of the violation; or

f.

Failure to pay any required fees, penalties and charges within 30-calendar days from the due date.

(2)

Major administrative violations include, but are not limited to, the following:

a.

Failure to notify the industrial pretreatment division of a slug discharge immediately after discovery of said discharge;

b.

Failure to submit required reports or correspondence within 30 days after the original due date;

c.

Failure to submit a compliance report within 30 days after the original due date;

d.

Falsification of documents or attempting to mislead city officials;

e.

Failure to cooperate with city officials exercising their authority under this chapter, including monitoring and inspection activities;

f.

A pattern of minor administrative violations;

g.

Failure to provide the city with access to the user's premises for the purpose of inspection, monitoring, or sampling;

h.

Failure to produce records as required;

i.

Failure to accurately report noncompliance;

j.

Failure to submit required reports or submitting such reports more than 30 calendar days late;

k.

Failure to pay charges pursuant to BMC section 13.12.700, permit application fees, permit renewal fees, administrative fines and penalties pursuant to BMC chapter 6.30, and Civil Penalties or attorney fees within 60 calendar days after the due date; or

l.

Failure to pay all other required fees, penalties, and charges within 60 calendar days after the due date.

(3)

Upon notice of appropriate mitigating circumstances and consistent with applicable federal and state laws, the industrial pretreatment division has sole discretion to treat a major administrative violation as a minor administrative violation, or a pattern of minor administrative violations with aggravating circumstances as an individual major administrative violation.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

There is hereby established a class of violations to be known as discharge violations that are further subdivided into minor and major discharge violations as follows:

(1)

Minor discharge violations are those that the industrial pretreatment division has determined, either alone or in combination with other discharge violations; pose no significant threat to the operation of the BWWTP, the environment, or the health and safety of the general public or the city and city employees.

(2)

Major discharge violations include, but are not limited to, the following:

a.

Violation(s) which result in significant noncompliance;

b.

Discharge violations which, either alone or in combination with other discharge violations; pose a significant threat to the operation of the BWWTP, the environment, or the health and safety of the general public or city employees, or cause or contribute to additional treatment costs incurred by the city or a violation of the WDR permit, or cause or contribute to pass through, interference, or other known damages;

c.

Discharging industrial wastewater to the BWWTP without a current industrial user permit;

d.

A pattern of minor discharge violations;

e.

Failure to correct a minor discharge violation within a specific time period as specified by the industrial pretreatment division; or

f.

Tampering with or purposely rendering inaccurate any monitoring device, method or record required to be maintained by the city or the user.

(b)

Upon notice of appropriate mitigating circumstances, the industrial pretreatment division has sole discretion to treat a major discharge violation as a minor discharge violation. The industrial pretreatment division also has sole discretion to treat a pattern of minor discharge violations with aggravating circumstances as an individual major discharge violation.

(Ord. No. 965-2019, § 1, 12-2-2019)

For any violation by any user that is not classified herein, or for the violation of any rule or regulation promulgated hereunder, the industrial pretreatment division shall have the discretion to treat such violation as a minor or major violation and to exercise enforcement authority accordingly. In exercising this enforcement authority, the industrial pretreatment division shall consider the magnitude of the violation, its duration, and its effect on receiving waters, the BWWTP, the BWWTP sludge, the health and safety of the city and city employees, contractors, users, and the public. The industrial pretreatment division shall also evaluate the user's compliance history, good faith, and any other factors the industrial pretreatment division deems relevant.

(Ord. No. 965-2019, § 1, 12-2-2019)

The provisions of BMC section 1.01.110, including subsection (c) declaring violations of this Code to be a public nuisance applies to this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

The city manager may require compliance with this chapter and any permit or order issued hereunder, by issuing administrative orders that are enforceable in a court of law, or by directly seeking court action. The industrial pretreatment division may use administrative orders, either individually, sequentially, concurrently, or in any order for one or more violations as appropriate for the circumstances. Administrative orders include:

(1)

Notice of noncompliance (NNC): A notice of noncompliance shall be issued to a user for any initial pollutant violations of any minor violations of the requirements of an industrial user's permit or this chapter. A copy of the NNC shall be submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery. The NNC shall require the user to correct the violation by a specified date or submit a written explanation of the violation(s) and a plan to achieve immediate compliance. An extension of the compliance deadline specified in the NNC may be granted, at the discretion of the industrial pretreatment division upon a showing of good faith by the user.

(2)

Verbal notice (VN): A verbal notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, email, or personal visit and shall be completed within five days after the original compliance date. All VNs issued to a user shall be documented in writing in the user's file.

(3)

Warming notice (WN): A warning notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a notice of violation and monetary penalties, will be taken if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user with a written receipt of delivery.

(4)

Noncompliance monitoring program (NMP): A noncompliance monitoring program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the industrial pretreatment division and to analyze the samples for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the industrial pretreatment division. The NMP shall be hand delivered or delivered certified mail with a written receipt of delivery. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the industrial pretreatment division.

(5)

Notice of violation (NOV): A notice of violation shall be issued to a user for any repeat pollutant violations, any violations which result in significant noncompliance, or any major violations of the user's permit or this chapter. A notice of violation shall also be issued to a user who has not complied with the requirements contained in a notice of noncompliance, warning notice, or stop work order. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or require additional monitoring. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be taken if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written explanation of the

violation(s) and a plan to achieve immediate compliance. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered or delivered certified mail with a written receipt of delivery.

(6)

Stop work order (SWO): A stop work order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary city permits, has initiated work without written approval of the industrial pretreatment division, or violations of this chapter related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the industrial pretreatment division to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection. A copy of the SWO is either submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery.

(7)

Violation meeting order (VMO): A violation meeting order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in significant noncompliance. A VMO is an informal meeting between the user and the industrial pretreatment division and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the city to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall be hand delivered or delivered certified mail with a written receipt of delivery.

(8)

Cease and desist order (CDO): A cease and desist order shall be issued to a user who is in violation of an NOV, or the requirements of this chapter, an industrial user permit, or any order issued under this chapter, which is determined to pose an immediate threat to the BWWTP, city personnel, the environment or the public. A CDO may also be issued to a user who is discharging industrial wastewater to the BWWTP without a valid industrial user permit. The CDO may result in the immediate revocation of the user's permit and shall require the user to take such appropriate remedial or preventive action as determined by the industrial pretreatment division to achieve immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the BWWTP. The CDO shall state the provision(s) violated and the facts constituting the violation. The CDO shall be hand delivered or delivered certified mail with a written receipt of delivery.

(9)

Consent order: A consent order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in this chapter, an industrial user permit, or any order issued under this chapter. The consent order is routinely developed as a result of information collected during the VMO between the city and a user who has exhibited a willingness to comply. The consent order is a written agreement developed jointly between the city and the user with individual milestones, specific actions to be

taken by the user, or other remedies necessary to achieve compliance. The consent order shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions, is permitted to exceed nine months in length. The consent order shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the city every 30 days, as scheduled by the industrial pretreatment division, to accurately document the current status of the project and to maintain the required schedule.

(10)

Compliance order: A compliance order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in this chapter, an industrial user permit, or any order issued under this chapter. The compliance order is routinely developed because of information collected during the VMO between the city and a user who has exhibited a lack of cooperation and is unwilling to comply. The compliance order is used to compel uncooperative users to achieve compliance and shall be developed by the city with no input from the user. The compliance order is a compliance schedule with individual milestones developed by the city that requires the user to complete specific actions, or other remedies to achieve compliance with the violation(s). The compliance order shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The compliance order shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the city every 30 days, as scheduled by the industrial pretreatment division, to accurately document the current status of the project and to maintain the required schedule.

(11)

Show cause order: A show cause order shall be issued to a user who is in violation of this chapter a user permit, or any order issued under this chapter, and has failed to achieve compliance with previous enforcement actions. The show cause order shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The show cause order allows the user an opportunity to show why a civil and/or criminal action should not be brought against the user for failure to comply with previous enforcement actions. The show cause order notice shall be served upon the user personally or by certified mail at least 15 calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The industrial pretreatment division shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any witnesses necessary for the full disclosure of the facts. The industrial pretreatment division may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a subpoena from the hearing officer for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the show cause hearing may include, but not be limited to any of the following: a representative from the city attorney's office, the city manager, and the industrial pretreatment division. Prior to the issuance of a show cause order, representatives from

the city shall review the case to determine possible compliance measures. Upon review of the findings of fact, the city manager or his designee shall make a final decision that shall be served upon the user. The city may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required.

(12)

Probation order: A probation order may be issued to any user for any repeat violations of this chapter. The probation order shall require the user to conduct repeated monitoring, as determined by the industrial pretreatment division, submit recurring documentation as required by the industrial pretreatment division, or complete any other actions the industrial pretreatment division deems necessary to affirm the continued compliance of the user. The probation order shall be hand delivered or delivered certified mail with a written receipt of delivery.

(13)

Permit revocation order (PRO): A permit revocation order may be issued to any user who has not complied with the requirements contained in any enforcement action. The permit revocation requires the user to immediately cease the discharge of all wastewater determined by the industrial pretreatment division to be in noncompliance. The permit revocation requires the user to demonstrate continued compliance prior to the re-issuance of a permit authorizing the continued discharge of the specified wastewater to the sewer system. The permit revocation order shall be hand delivered or delivered certified mail with a written receipt of delivery. The user shall be responsible for all costs associated with the re-issuance of the permit.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

A sewer suspension order may be issued to any user who has either willfully or negligently violated the requirements contained in a permit revocation order, failed to comply with the requirements of a consent order or compliance order, or whose actual or impending discharge to the BWWTP presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the BWWTP, is in violation of this chapter or the user's permit, or may cause the city to violate its WDR permit or any other federal or state law or regulation. The suspension order shall be hand delivered or delivered certified mail with a written receipt of delivery.

(b)

Any user issued a suspension order shall immediately cease the discharge of all wastewater to the BWWTP, as specified by the industrial pretreatment division. The suspension order will result in the immediate revocation of the user's permit. Noncompliance with the conditions of the suspension order may result in the immediate termination of sewer service as specified in BMC section 13.12.640.

(c)

As soon as reasonably practicable but in no event more than five business days following the issuance of the suspension order, the industrial pretreatment division shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the suspension order should not be executed. The scheduled hearing shall not delay or prevent the effects of the suspension order. The hearing shall be conducted in accordance with procedures established by the city council.

(d)

Within five business days following the hearing, the city manager shall issue a written decision to the user regarding the status of the suspension order. The industrial pretreatment division may allow the user to resume sewer service if the user demonstrates continued compliance with all discharge requirements and requirements of this chapter.

(e)

The user shall be responsible for all costs associated with the issuance of the suspension order. The user shall be responsible for all costs associated with the suspension order and re-issuance of the permit.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

A sewer termination order may be issued to any user who has either willfully or negligently violated the requirements contained in a sewer suspension order, failed to comply with the requirements of a consent order or compliance order, or whose actual or impending discharge to the BWWTP presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the BWWTP, is in violation of this chapter or the user's permit, or may cause the city to violate its WDR permit or any other federal or state law or regulation. The termination order shall be hand delivered or delivered certified mail with a written receipt of delivery.

(b)

The termination order will result in the immediate revocation of the user's permit and the immediate severance of the user's sewer connection and/or the termination of water service. As soon as reasonably practicable but in no event more than five business days following the issuance of the termination order, the industrial pretreatment division shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the termination order should not be executed. The scheduled hearing shall not delay or prevent the effects of the termination order.

(c)

The hearing shall be conducted in accordance with procedures established by the city council. Within five business days following the hearing, the industrial pretreatment division shall issue a written decision to the user regarding the status of the termination order.

(d)

The city manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and ordinance requirements.

(e)

The user shall be responsible for all costs associated with the termination order, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit.

(Ord. No. 965-2019, § 1, 12-2-2019)

Any user who is in violation of the user's permit or any provision of this chapter or who has failed to comply with the requirements or conditions specified in a previous enforcement action under this chapter, shall be responsible for all costs associated with the violation(s); including: reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses.

(1)

Authority: All users of the BWWTP are subject to enforcement actions administratively or judicially by the city, United States Environmental Protection Agency, State of California Regional Water Quality Control Board, or the County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including, but not limited to:

a.

Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. section 1251 et seq.);

b.

California Porter Cologne Water Quality Control Act (California Water Code section 13000 et. seq.);

c.

California Hazardous Waste Control Law (California Health & Safety Code sections 25100 to 25250);

d.

Resource Conversation and Recovery Act of 1976 (42 U.S.C.A. section 6901 et seq.); and

e.

California Government Code, §§ 54739 -54740.

(2)

Recovery of fines or penalties: If the city is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of this

chapter, the user's permit or an administrative order issued pursuant to this chapter; the city shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user.

(3)

Civil penalties: Notwithstanding any limitations in Barstow Municipal Code 1.01.110, pursuant to the Authority of California Government Code §§ 54739-54740, any person who violates any provision of this chapter; the user's permit, including, but not limited to, any prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The city attorney, at the request of the industrial pretreatment division may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to federal and/or state legislative authorization.

(4)

Administrative civil penalties:

a.

Notwithstanding any provision in the Municipal Code to the contrary, pursuant to the authority of California Government Code §§ 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:

Any provision of this chapter;

Any permit condition, prohibition, or effluent limit; or

Any suspension or revocation order.

b.

The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within 60 days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of this chapter, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the industrial pretreatment division or a designated representative. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted.

c.

At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in

accordance with the procedures established by the industrial pretreatment division and approved by the city council. After the conclusion of the hearing, the industrial pretreatment division shall complete a written report which includes a brief statement of facts, a review of the issues involved, and the amount of the fine.

d.

If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the hearing officer or board may assess a civil penalty against that person. In determining the amount of the civil penalty, the hearing officer or board 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 any noncompliance, 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.

e.

Upon receipt of the written report, the industrial pretreatment division shall make a determination regarding the issuance of a civil penalty against the user. The industrial pretreatment division shall issue an administrative order regarding the civil penalty to the user within 30 calendar days after the hearing date.

f.

Civil penalties may be assessed as follows:

In an amount which shall not exceed $2,000.00 for each day for failing or refusing to furnish technical or monitoring reports;

In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedules established by the city;

In an amount which shall not exceed $5,000.00 for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the city;

In any amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.

g.

An order assessing administrative civil penalties issued by the city shall be effective and final upon issuance thereof unless the user files a notice of appeal with the city council pursuant to BMC section 13.12.670 no later than the 30 th day following delivery of the notice of the industrial pretreatment division decision. An order assessing administrative penalties issued by the city council shall be final.

h.

Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint.

i.

Payment of the administrative civil penalties shall be made within 30 days of the date the administrative order becomes final. A lien shall be placed against the user's real property for any outstanding penalties which remain delinquent 60 days. The lien shall not be in effect until recorded with the county recorder. The city may record the lien for any unpaid administrative civil penalties on the 91 st day following the date the administrative order becomes final.

j.

No administrative civil penalties shall be recoverable under BMC section 13.12.645(d) for any violation which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code § 54740.

(Ord. No. 965-2019, § 1, 12-2-2019)

A criminal penalty may be issued to any user in violation of the user's permit, this chapter, or an enforcement order issued by the city manager or has failed to comply with the requirements or conditions specified in previous enforcement orders. A criminal penalty may also be issued to any user that willfully or knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or the user's permit, or which falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter. The penalties shall be consistent with any relevant state laws. The user shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000.00 or imprisonment for not more than six months, or both, per violation per day. A user shall be guilty of a separate violation for each day a violation of any provision of this chapter or user's permit is committed or continued by such user.

(Ord. No. 965-2019, § 1, 12-2-2019)

The enforcement remedies set forth in this chapter are not exclusive. In addition to the remedies listed in section 1.01.110 of the BMC, the city may take any, all, or any combination of the enforcement responses against a user who is in noncompliance with conditions and requirements specified in this chapter, the user's permit, or discharge limits.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

Any user who discharges any wastewater that causes or contributes to any obstruction, interference, damage, or any other impairment to the operation of the BWWTP shall be liable for all costs required to resume normal operations of the BWWTP.

(b)

Any user who discharges any wastewater which causes or contributes to the city's violation of any limitation, condition or requirement in its WDR permit or any other discharge requirement established by any regulatory agency shall be liable for any fines, penalties, fees or assessments imposed on the city by other regulatory agencies or the courts as a result of such violation.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

Any person dissatisfied with any decision, order, or enforcement action, made by the industrial pretreatment division or designee interpreting or implementing the provisions of this chapter or user's permit, may file with the city manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the issuance of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the request for reconsideration. The city manager shall render a ruling on the request for reconsideration in writing within ten business days from receipt of the appeal, and provide a copy of the determination to the user and the appealing party. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance.

(b)

If any party finds the ruling on the request for reconsideration made by the city manager to be unsatisfactory, the user may file a written appeal with the city council, after lodging the required appeal fee with the city, in the amount established by the applicable resolution of the city council. In any appeal, the user shall state with specificity the specific reasons the user finds the city manager's ruling to be unsatisfactory. Any appeal must be filed within ten business days after receipt of notice of the city manager's ruling, except that an appeal under BMC section 13.12.645 may be filed within 30 calendar days following delivery of the notice. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the basis of the order. The hearing shall be conducted within 30 days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The city council shall make a ruling on the appeal within 45 calendar days from the date of filing and shall contain the findings of facts regarding the order.

(c)

The ruling of the city council shall be deemed a final decision, order or action by the city which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the

city under this chapter without first having exhausted his or her administrative remedies set forth in this section.

(Ord. No. 965-2019, § 1, 12-2-2019)