Chino Hills Municipal Code Art. IV Enforcement

A. Any person who violates and/or fails to comply with any of the provisions of this chapter and/or NPDES permit, discharges waste or wastewater which causes pollution, or violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalty. A written notice per Section 13.16.060 stating the nature of the violation, potential liability, and penalties for continued noncompliance shall be issued by the authorized representative to the violator.

B. After the receipt of written notice, the violator shall submit to the authorized representative in person, within a prescribed period specified in the notice, which period shall not be less than ten (10) working days unless an emergency situation dictates a shorter period, a plan indicating the cause of the violation, corrective actions which will be taken to prevent recurrence and, a proposed compliance schedule indicating the dates those corrective action will be completed.

(Ord. 37 § 4 (part), 1993)

A. In addition to the penalties established by this chapter any threat to public health, safety and welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or restored by the authorized representative, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

B. The cost of such abatement, remediation and restoration shall be borne by the owner, lessee, or tenant of the property causing the violation. The cost of such abatement, remediation and restoration shall be a lien upon and against the property and such lien shall continue in existence until such cost shall be paid. If the lien is not satisfied by the owner of the property within a prescribed amount of time after the completion of the city of the removal of the public nuisance and restoration and remediation of the property to its original condition, the property may be sold in satisfaction of such lien in a like manner as other real property is sold under execution.

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

(Ord. 37 § 4 (part), 1993)

Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the city, or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter.

(Ord. 37 § 4 (part), 1993)

The violator may request or the authorized representative may order an administrative hearing, at which a violator who causes or allows, or who has caused or allowed an unauthorized discharge to enter the city stormwater system shall show cause why a proposed enforcement action should not be taken. An administrative hearing officer who is a city officer not directly involved in enforcement of this chapter shall preside over the administrative hearing, at which each party, including the violator and the authorized representative, shall have the right to present evidence.

(Ord. 37 § 4 (part), 1993)

A. The authorized representative may require compliance with permit conditions or limitations by issuing administrative orders that are enforceable in a court of law or by directly seeking court action. Administrative orders may include stop work orders, cease and desist orders, immediate termination of service orders, and termination of service orders.

1. Stop Work Order.

a. The authorized representative may serve a written stop work order on any person engaged in doing or causing to be done new construction, improvements, alterations or additions, if:

i. No permit has been granted by the city;

ii. Work has begun without prior written approval by the authorized representative; or

iii. Violations of this chapter are found at the site of the new construction, improvements, alterations or additions.

b. Any person served a stop work order shall stop such work immediately until written authorization to continue is received from the authorized representative.

2. Cease and Desist Order.

a. When the authorized representative finds that any user has violated or threatens to violate any provisions of this chapter or NPDES permit, the authorized representative may issue a cease and desist order directing the user to:

i. Comply immediately; or

ii. Comply in accordance with a time schedule specified in the cease and desist order.

b. A cease and desist order may include modifications in the frequency of monitoring, testing and submission of self-monitoring reports.

3. Immediate Termination of Service. The authorized representative may immediately suspend storm drain service and any nonstormwater discharge permit when such suspension is necessary, stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly causes pollution to the receiving waters, ground and water courses of the city. Any user being notified for the suspension of storm drain service and NPDES permit shall immediately stop and eliminate the applicable contributions to the stormwater system.

4. Termination of Service.

a. When the authorized representative finds any user has violated an administrative order he or she may terminate storm drain service to the user.

b. In the event of failure to comply voluntarily with the administrative orders, the authorized representative shall take steps as deemed necessary, including immediate severance of storm drain connections. The user shall be liable for all costs for termination of storm drain service incurred by the user and the city. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency payment, or for any other reasons.

c. Storm drain service shall be reinstituted by the authorized representative after the user has compiled with all the provisions of the administrative orders, and the actual or threatened discharge has been eliminated. The user shall be liable for all costs for reinstitution of storm drain service incurred by the user and the city. A detailed written statement, submitted by the user, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the authorized representative within fifteen (15) working days of the date of storm drain service termination.

d. The authorized representative may adopt a proposed compliance schedule submitted by the user, or may adopt a revised compliance schedule if, in the judgment of the authorized representative, the compliance schedule would allow the user to cause harm to the receiving water and/or city stormwater system. The authorized representative will notify the user for the adopted compliance schedule in timely manner. The authorized representative shall not adopt a compliance schedule which extends beyond applicable federal guidelines.

(Ord. 37 § 4 (part), 1993)

A. When any person violates and/or fails to comply with any of the provisions of this chapter, federal or state NPDES requirement or any order of the city, the City Attorney may commence an action for appropriate legal, equitable or injunctive relief in the Municipal or Superior Court of the county.

B. In addition to the penalties provided in this chapter, the authorized representative may recover all reasonable attorney fees, court costs, court reporters fees, and other expenses of litigation by appropriate suit of law against the person(s) found to have violated any of the provisions of this chapter or the orders, rules, regulations, and permits issued under this chapter.

(Ord. 37 § 4 (part), 1993)

A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of such provision. Each violation shall be considered a separate and distinct offense, and each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The business license of the violator may be revoked.

B. Any violation may be enforced by civil action brought by the city. The city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction;

2. 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 of preparing and bringing legal action under this subsection;

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

4. Compensatory damages for loss or destruction to water quality, wildlife, and fish and aquatic life. Assessments used exclusively for costs associated with monitoring and establishment stormwater discharge pollution control systems, and/or implementing or enforcing the provisions of this chapter.

(Ord. 37 § 4 (part), 1993)

A. Any person who wilfully violates and fails to comply with any provision of this chapter or NPDES permit condition; who knowingly violates any administrative orders, prohibition, or effluent limitation; who knowingly makes false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this article is guilty of a misdemeanor, which, upon conviction, is punishable by a fine as determined by the court or by imprisonment for a period of not more than six months, or by both, a fine and imprisonment.

B. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued, or permitted by such person, and shall be punishable for that violation as provided by this section.

(Ord. 37 § 4 (part), 1993)

Any person who damages monitoring equipment, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires nonroutine inspection or sampling, causes blockages of, damage to, interference with storm drain facilities, or causes any other damages, including the imposition of fines or penalties on the city by federal, state, or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties occasion thereby. An administrative fee, which shall be fixed by the City Manager based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within thirty (30) calendar days of invoicing.

(Ord. 37 § 4 (part), 1993)

Any decision of the authorized representative or the administrative hearing officer may be appealed pursuant to city's standard appeal process. The imposition of fines or penalties shall be stayed during the appeal period unless the authorized representative or administrative hearing officer, as applicable, determines that such a stay would threaten the public safety, health, or welfare.

(Ord. 37 § 4 (part), 1993)

A. When the authorized representative, or his or her designated representative, finds that an illegal discharge and/or illicit connection has taken place or is likely to take place in violation of this chapter, the representative may issue an order to remove such connection, or to cease and desist such discharge, practice, or operation likely to cause pollutants entering the stormwater system and direct that those persons not complying shall:

1. Comply with the requirement;

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

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

B. Whenever the representative finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other materials 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 the stormwater system or a nonstormwater discharge to the stormwater system, he or she may not give a written notice to the owner or occupant of the violated property to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the representative may reasonably provide.

C. The recipient of such notice shall undertake the activities as described in the notice.

(Ord. 37 § 4 (part), 1993)