Big Bear Lake Municipal Code Art. VIII Enforcement and Policing

It is unlawful for any person to connect, construct, install, provide, maintain or use any other means of sewage disposal from any building in the area served by sewers of the department except as provided in this chapter. Any person violating this provision shall be subject to the penalties provided by law.

(Ord. 82-57 § 1(1.12.01), 1982)

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city sewer system. Any person violating this provision shall be subject to the penalties provided by law.

(Ord. 82-57 § 1(1.12.02), 1982)

Each duly authorized employee and representative of the department shall carry evidence establishing his position as such, and upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purpose of inspection, reinspection, observation, assurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of this chapter and the rules and regulations of the department. If such entry is refused, the department shall have recourse to every remedy provided by law to secure entry. No person shall represent himself to be an employee or representative of the department except as authorized to do so by the department manager.

(Ord. 82-57 § 1(1.12.03), 1982)

Any person found to be violating any provision of this or any other chapter, rule or regulation of the department shall be served by the department with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The time limit shall be more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. Whenever a violation creates an emergency or hazard, the notice of violation may be oral, followed by a written notice as soon as reasonably possible and may require immediate correction. Each person shall be held strictly responsible under the provisions of this or any other chapter, rule or regulation of the department for his own acts and for any and all authorized acts of his agents or employees as well. Upon being notified by the department or authorized representative of any violation of this chapter, the person having charge of the property, facility or work causing the violation shall immediately cease and desist from such violation and shall cause the commencement of such measures and procedures as may be necessary to correct the violation within the time specified by the department. If the violation or hazard is not ceased during the length of time specified, the department may cause the violation or hazard to be corrected and collect from the owner the cost thereof.

(Ord. 82-57 § 1(1.12.04), 1982)

Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this or any other chapter, rule or regulation of the department is hereby declared to be a public nuisance. The department may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation.

(Ord. 82-57 § 1 (1.12.05), 1982)

As an alternative method of civil enforcement of the provisions of this or any other chapter, rule or regulation of the department, the department may disconnect the user from the public sewer. Upon disconnection, the department shall estimate the cost of disconnection from and reconnection to the sewer. The user shall deposit that amount with the department plus the full amount of any delinquent fees and charges before such user is reconnected to the sewer. The department shall refund or credit any part of such deposit remaining after payment of all costs of disconnection and reconnection and shall bill the user for any related costs in excess of the deposit. Notice of intent to disconnect shall be provided pursuant to Section 13.08.580, and neither the department nor any of its employees or agents shall be held accountable for any damage which may occur to person or property during or because of disconnection.

(Ord. 82-57 § 1(1.12.06), 1982)

During any period of disconnection from an authorized sewage disposal system, habitation of affected premises by humans shall constitute a public nuisance, whereupon the department shall cause proceedings to be brought for the abatement of such nuisance. This provision shall not apply to any premises which are not required by this chapter to be connected to a sewage disposal system. In the event such proceedings are brought and as a condition to authorizing connection or reconnection, the owner or user shall pay to the department reasonable attorney fees and the costs associated with the proceedings.

(Ord. 82-57 § 1(1.12.07), 1982)

Any person violating any of the provisions of any ordinance, rule or regulation of the department shall be liable to the department for all expense, loss and damage accruing to the department by reason of such violation. This provision may be enforced in addition to any other remedy provided by law to the department because of such violation.

(Ord. 82-57 § 1(1.12.08), 1982)

The department declares that the foregoing procedures are established as a means of civil enforcement of the terms and conditions of its ordinances, rules or regulations, and not to effect a forfeiture.

(Ord. 82-57 § 1(1.12.09), 1982)