Clearlake Municipal Code § 14-5 Enforcement; Violations and Penalties; Appeals

When the Director finds any person has violated, or continues to violate, any provision of this Chapter, or any order issued hereunder, the Director may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution of the matter whereby any offending violation will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. (Ord. #2006-126, S14.250)

a. The Director, upon discovery of any violation of this Chapter, may take enforcement action as to the violation(s) in accordance with this Chapter or other City ordinance provisions. b. The Director may issue to the owner, manager, operator or occupant of any premises, or to any person responsible for an illicit connection, prohibited discharge, maintenance of a threatened prohibited discharge, failure to implement BMPs in accordance with subsection 14-3.1, or any other violation of this Chapter, a Notice of Violation. c. The Notice of Violation shall identify the provision of this Chapter that has been violated and shall state that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible person. d. The Notice of Violation shall specify a date by which the discharger must be in compliance with this Chapter. The Director may under his/her own discretion extend the date to achieve compliance if good cause exists for such an extension. e. The Notice of Violation shall state that the City may recover any costs incurred by the City as a result of the violation. f. If a Notice of Violation is issued, a single Notice of Violation shall be issued for all violations noted during a single inspection or site visit.

g. The person who receives a Notice of Violation pursuant to this Chapter shall submit to the Director, upon request, written certification that the necessary corrective action(s) have been taken prior to the specified compliance date. As appropriate for the type of correction action taken, the Notice of Violation may require proof that substantiates the certification, including but not limited to receipts or photographs. The effective date of the certification shall be the date that it is postmarked. h. The Notice of Violation shall state that the recipient has a right to appeal the matter as set forth in subsection 14-5.5 of this Chapter. (Ord. #2006-126, S14.260)

a. The Director may issue a Cease and Desist Order. A Cease and Desist Order shall be delivered in accordance with subsection 14-5.4 hereof. A Cease and Desist Order may direct the owner or occupant of any premises, or any other person responsible for any violation of this Chapter, to take any of the following action: 1. Immediately discontinue any prohibited discharge to the City storm drainage system. 2. Immediately discontinue any other violation of this Chapter. 3. Clean up the area affected by the violation. b. The Director may direct by a Cease and Desist Order that any person immediately cease any activity which may lead to a violation of receiving water limitations. (Ord. #2006-126, S14.270)

a. Any Notice of Violation, Cease or Desist order or other enforcement order issued pursuant to the requirements of this Chapter shall be subject to the following requirements: 1. Delivery shall be deemed complete upon either personal delivery to the recipient or by deposit in the U.S. mail, postage pre-paid, certified, return receipt requested. 2. Where the recipient of the notice or order is the owner of the property, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the property. 3. In the event that delivery by certified mail, return receipt requested, cannot be effected or the recipient cannot be personally served, the notice or order shall be deemed delivered after posting on the premises for a period of ten (10) business days. (Ord. #2006-126, S14.280)

a. Notwithstanding the provisions of subsection 14-5.6 below, any person receiving a Notice of Violation may appeal the determination of the Director to the Council. The notice of appeal must be received by the City Clerk within ten (10) days of the delivery of the Notice of Violation. b. An appeal shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts there was an error by the Director. c. The Council shall hear the appeal. At the time and place set for the appeal, the Council shall proceed to hear the testimony of the Director, his/her assistants or deputies, the testimony of the appellant or his/her representatives, and the testimony of other competent persons concerning the conditions constituting the violation, and other matters which the Council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Director, and other witnesses. The hearing may be continued from time to time. The Council shall render a written decision thereon, which decision shall be final. (Ord. #2006-126, S14.290)

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under subsection 14-5.5, within ten (10) days of the decision of the Council upholding the decision of the Director, the City or a contractor designated by the Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. (Ord. #2006-126, S14.300)

a. Within thirty (30) days after the abatement of the nuisance by City, the Director shall notify the property owner of the property of the cost of abatement, including administrative costs in the manner provided in subsection 14-5.4. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen (15) days. The City Clerk shall set the matter for public hearing by the Council. At the time and place of the appeal, the Council shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Council may make such modifications and revisions of the proposed assessment confirmed or denied, in whole or in part or as modified and revised. The determination of the Council as to all matters contained therein shall be in writing, final and conclusive. b. If no appeal is filed or if the amount due is not paid within ten (10) days of the decision of the Council, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

c. If no appeal is filed or if an appeal is filed and confirmed by the Council, the Director shall cause to be prepared and recorded in the office of the County Recorder of the County of Lake, a Notice of Lien. Said notice shall contain the following: 1. An address, legal description or other description sufficient to identify the premises. 2. A description of the proceeding under which the special assessment was made, including the order of the Council confirming the assessment. 3. The amount of the assessment. 4. A claim of lien upon the described premises. d. Upon the recordation of such Notice of Lien, the amount claimed shall constitute a lien upon the described premises. Such lien shall be in parity with the liens of State and County taxes. e. The Notice of Lien, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall 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 interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary County taxes, and all laws applicable to the levy, collection and enforcement of County taxes are hereby made applicable to such assessment. (Ord. #2006-126, S14.310)

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. If any such violation is not abated immediately as directed by the Director, the City 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 shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this subsection shall not prevent City from seeking other and further relief authorized under this Chapter. (Ord. #2006-126, S14.320)

A violation of any provision of this Chapter, any order issued pursuant to the Chapter or any wastewater permit condition imposed pursuant to this Chapter is punishable as an infraction by a fine not exceeding two hundred fifty ($250.00) dollars; or as misdemeanor by a fine of not more than one thousand ($1,000.00) dollars, or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided. (Ord. #2006-126, S14.330)

a. Civil Remedies. If any person violates any provision of this Chapter, any order issued pursuant to this Chapter or any wastewater discharge permit condition imposed pursuant to this Chapter, the County may commence an action for appropriate legal and/or equitable relief, in any appropriate court. In such an action, the City may seek all appropriate judicial relief including, but not limited to, injunctive relief and damages in the minimum of one thousand ($1,000.00) dollars per violation per day. b. Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense. c. Nothing set forth in this Chapter shall be construed as prohibiting the City from seeking civil or criminal judicial relief in connection with the enforcement of this Chapter or pursuant to any other State or Federal statutory or common law right to such relief. d. Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive. (Ord. #2006-126, S14.340)

In addition to the enforcement processes and penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter 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 civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by City. (Ord. #2006-126, S14.350)

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter is for any reason held to be invalid such decision shall not affect the validity of the remaining provisions, clauses, sentences or paragraphs of this Chapter. (Ord. #2006-126, S14.360)

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code.