Ceres Municipal Code Ch. 22 Administrative Enforcement

A. Except as otherwise provided in this title, the Director of Public Works shall administer, implement and enforce the provisions of this title.

B. The Director of Public Works may delegate any powers granted to or duties imposed upon the Director of Public Works to other City of Ceres personnel. For the purposes of this title, any such persons shall be referred to as the "enforcement official."

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. In addition to the penalties provided in this title, 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 or welfare, and is thus deemed a nuisance.

B. Any such nuisance may be abated as provided in this title.

(Ord. No. 2019-1054, § 2, 12-9-2019)

When the Director finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Whenever the enforcement official finds that a discharge has taken place, or is likely to take place, in violation of this title, or order issued hereunder, the enforcement official may serve a written notice and order to abate upon the property owner and the person responsible for the discharge, by personal service or by registered or certified mail.

If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Notices issued pursuant to this section also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

B. Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.

C. Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the notice and order to abate.

D. Failure to comply with the terms and conditions of a notice and order to abate shall constitute a violation of this chapter. If a person fails to comply with the notice and order to abate, the Director of Public Works may perform, or cause to be performed, such work as shall be necessary to correct the violation. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of subsection C.6.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. The street address or a legal description sufficient for identification of the property where the violation exists and the address of the person responsible for or committing the act that constitutes a violation of this chapter.

B. A brief and concise description of the violation or use of the property or act that constitutes a violation of this chapter.

C. A description of the activities, practices or abatement methods to be performed to correct the violation.

D. The date by which the violation must be corrected, which shall be a reasonable period of time.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this title, and shall be judicially enforceable.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Director may order a user which has violated, or continues to violate, any provision of this title a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. No. 2019-1054, § 2, 12-9-2019)

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. If the owner, or person responsible for the violation, fails to correct the violation within the time specified in the notice and order to abate, the Director of Public Works or designee, may cause an administrative citation imposing an administrative fine or penalty to be issued to the owner of the property (California Government Code section 53069.4).

B. Any citation issued shall:

1. Identify the date, time and circumstances of the violation;

2. State the amount of the administrative fine or penalty to be imposed;

3. Advise the person of their appeal rights as provided in section 13.09.040.

C. The citation shall be served in the same manner as the notice of order to abate. The amount of the administrative fine imposed shall be set by the Director of Public Works or designee; provided, however, where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in title 19. In determining the amount of civil penalty to be assessed, consideration will be given to the following:

1. The extent to which the owner or person responsible for the violation had knowledge or reasonably should have known that the action taken was a violation of this chapter;

2. The magnitude of the violation;

3. The extent to which the owner or person responsible for the violation derived a financial benefit from the violation;

4. Any prior history of related violations by the same person on the subject property or on other parcels within the City; and

5. Any corrective action, or lack thereof, taken by the owner or person responsible to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Notwithstanding title 1 or section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after the date action is taken by the City Council on the decision of the Director of Public Works, a person contesting that final administrative decision may seek review by filing an appeal in the Stanislaus County Superior Court pursuant to subdivision (b) of section 53069.4 of the Government Code. If no notice of appeal to the Superior Court is filed within the period set forth in this section, the order or decision of the City shall be deemed confirmed.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. The enforcement official may order the immediate abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges, or dumping to the storm drainage system must occur within 72 hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within 30 days of notification.

B. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare or environment, or a violation of a NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate the threat or danger, or permit violation.

C. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of subsection C.6.

D. The enforcement official may order the immediate cessation of any activities that cause an illicit discharge or cause or potentially cause uncontrolled pollutants to enter the storm water conveyance system when, in the opinion of the enforcement official, the activities present an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Activities may not resume until the enforcement official has verified that the threat to the environment and the City's MS4 has been abated.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Any person served with a notice and order to abate, or administrative citation, or required to perform monitoring, analyses, reporting or corrective activities by an authorized enforcement official, or disputing the costs of enforcement, or otherwise grieved by the decision of the authorized enforcement official, may file a written appeal with the Public Works Director within ten days following the effective date of the notice and order, administrative citation, the enforcement official's decision or the delivery of an invoice for enforcement costs.

B. Upon receipt of the written appeal, the Director of Public Works shall request a report and recommendation from the authorized enforcement official, and shall set the matter for hearing at the earliest practical date.

C. Due notice of the hearing shall be provided to the person appealing.

D. At the hearing, the Director of Public Works may hear additional evidence, and may reject, affirm or modify the authorized enforcement official's decision, or the costs of enforcement.

E. Upon conclusion of the hearing, the Director shall serve written notice of his or her decision in the manner provided for service of a notice and order to abate under section 13.22.040. The Director of Public Works shall present the decision to the City Council, and the board may adopt such decision, with or without modification, without further notice of hearing.

F. If all parties involved (at a minimum, the discharger and the City enforcement official) agree that clean-up activities cannot be completed within the original timeframe, a new timeframe may be set as long as notification is made by the City to the Regional Water Quality Control Board in writing within five business days of the determination that the timeframe requires revision.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. The cost of enforcement, abatement and restoration shall be borne by the owner of the property, and the costs therefore shall be invoiced to the owner of the property. Costs recoverable under this section include all costs of abatement incurred by the City, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement (California Government Code section 25845).

B. If the owner of the property fails to pay the costs upon demand by the City, the City Council may order the costs to be specially assessed against the parcel. The special assessment may be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary County taxes. The City Council may also authorize a notice of abatement lien to be recorded. The costs shall become a lien on the property pursuant to the provisions of California Government Code section 25845. The Director of Public Works is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the City is fully compensated for the amount of the lien placed upon the property (California Government Code section 25845).

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan ("SWPPP"), and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

B. The enforcement official may establish the requirements of best management practices for any premises. The enforcement official is authorized to make any decision on behalf of the City required or called for by this chapter.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. If any violation of this title constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare.

B. Such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. In addition to any other remedies provided in this title, any violation of this title may be enforced by civil action brought by the City.

B. Moneys recovered under this section shall be paid to City of Ceres to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems or implementing or enforcing the provisions of this chapter.

C. Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for in this chapter shall be cumulative and not exclusive.

D. In any such action, the City may seek, as appropriate, any or all of the following remedies:

1. A temporary or permanent injunction;

2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this chapter;

3. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

5. Referral of the discharger to the State Water Board.

6. Referral of the discharger to the City Attorney for criminal prosecution.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. It is unlawful for any person to violate any provision of this chapter or to fail to comply with any of its requirements.

B. Any person violating any provision of this chapter shall be guilty of a misdemeanor, unless such violation is declared by the Director of Public Works or the City Attorney to be an infraction.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such user in an amount not to exceed $10,000.00. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

1. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

2. If the owner of the property fails to pay the administrative fine or penalty imposed under this section upon demand by the City, the administrative fine or penalty shall be specially assessed against the parcel. The special assessment may be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary County taxes. A notice of abatement lien shall be recorded and shall become a lien on the property pursuant to the provisions of California Government Code section 25845. The Director of Public Works is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the administrative fine or penalty is paid in full.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, increases operational or maintenance costs, or which presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in section 13.22.200 are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under section 13.22.200.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 2019-1054, § 2, 12-9-2019)

In addition to the provisions in section 13.22.190, any user who violates the following conditions is subject to discharge termination:

A. Violation of wastewater discharge permit conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

E. Violation of the pretreatment requirements in this title.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. If the customer has water and sewer service, the water service may be terminated for nonpayment of delinquent sewer service charges in accordance with chapter 13.09, and the provisions of that chapter are incorporated into this chapter 13.22.

B. If the customer fails to pay after termination of water service or the customer has only sewer service, the following procedure shall be used:

1. The charges may be collected as provided in section 6.01.090, subsections E and F; or

2. The sewer service can be disconnected per procedures adopted by the Ceres City Council.

(Ord. No. 2019-1054, § 2, 12-9-2019)

An advance deposit shall be paid as required pursuant to section 13.02.030, and the provisions of that section are hereby incorporated by reference.

(Ord. No. 2019-1054, § 2, 12-9-2019)