Carpinteria Municipal Code Art. V Enforcement

A. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Violations of this chapter may be remedied using the procedures set forth in the Carpinteria Municipal Code Title 1, Chapter 1.06 Administrative Remedies Process. These remedies include the issuance of administrative citations (C.M.C. Section 1.06.030). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violations of this chapter. In addition, the director may require without limitation:

1. The performance of monitoring, analyses and reporting;

2. The elimination of illicit connections or illegal discharges;

3. That violating discharges, practices or operations shall cease and desist;

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

5. The implementation of source control or treatment BMPs;

6. Payment of a fine to cover administrative and remediation costs;

7. Cease and desist of operations.

B. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work shall be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(Ord. No. 667, § 2, 7-14-2014)

The director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public or environment. If any such violation is not abated immediately as directed by the director, the city of Carpinteria, its staff, authorized contract staff, or other designee is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Carpinteria shall be fully reimbursed by the property owner and/or responsible party. any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter and Carpinteria Municipal Code.

(Ord. No. 667, § 2, 7-14-2014)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety and welfare, and is declared and deemed a 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 may be taken by the city.

(Ord. No. 667, § 2, 7-14-2014)

Any person who violates any provision of this article 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 article shall also include written notice to the violator of such potential liability.

(Ord. No. 667, § 2, 7-14-2014)

Any person required to perform monitoring, analysis, reporting or corrective activities by any authorized city employee and who is aggrieved by this decision of the authorized city employee may appeal the decision in writing to the city manager within ten calendar days following the effective date of the decision.

(Ord. No. 667, § 2, 7-14-2014)

Any civil penalties collected by the city as a result of violations of this chapter shall be deposited in the watershed management fund to offset the cost of running the program.

(Ord. No. 667, § 2, 7-14-2014)