Coachella Municipal Code Art. V Enforcement

A. Self-Monitoring Requirements as a Result of Noncompliance.

1. If analysis of any sample obtained by the city or by a user shows noncompliance with the applicable wastewater discharge limits set forth in the ordinance or in the permittee's discharge permit, the city may impose self-monitoring requirements on the permittee or user.

2. A user shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the city.

3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the city and submitted to the city in a form and at a frequency determined by the city.

4. All self-monitoring costs shall be borne by the user.

5. Nothing in this section shall be deemed to limit the authority of the city to impose self-monitoring as a permit condition.

B. Noncompliance Sampling Fees.

1. If analysis of any sample of a user's discharge obtained by the city shows a violation by the user of the mass emission rates or concentration limits specified in the user's discharge permit or in this chapter, then the user shall be subject to noncompliance sampling fees pursuant to fee schedules adopted by ordinance or resolution of the district.

2. The fees specified in Subsection 13.02.700(B)(1) herein shall be imposed for each date on which the city conducts sampling as a result of a violation by a user.

C. Noncompliance Inspection Fees.

1. Each user is subject to routine inspection. When noncompliance with any of the provisions of this chapter is determined, a follow-up inspection may be required. Each user shall receive one follow-up inspection to verify compliance for each routine inspection without being subject to noncompliance inspection fees.

2. When it becomes necessary to perform additional inspections in order to determine compliance with the provisions of this chapter, then the user shall pay noncompliance inspection fees to the city pursuant to fee schedules adopted by ordinance or resolution of the district.

3. The fees specified in Subsection 13.02.700(C)(2) herein shall be imposed for each date (excluding one follow-up inspection) on which the city conducts an inspection as a result of a violation by a user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

The general manager, upon finding a violation, may employ any of the remedies set forth in this article, subject to due consideration of the following:

A. The magnitude of the violation;

B. The duration of the violation;

C. The effect of the violation on RWRF compliance with discharge order;

D. The effect of the violation on the operation of the RWRF;

E. The compliance history of the user; and

F. The good faith of the user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Upon finding a violation, the general manager may issue a notice of violation. Within ten (10) working days of the delivery of this notice, the user shall respond to the source control division with either an objection contesting the finding, or an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required action. Said response in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.

B. Upon receipt of an objection contesting a finding of violation, the division head will schedule a hearing within ten (10) working days at which the user may present information supporting the objection. Within five working days of the hearing, the division head shall determine the validity of the objection, either rescinding the notice of violation or denying the objection, thereby requiring submission of the plan. The user may appeal the division head's determination as set forth in Article V.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

Administrative orders include, but are not limited to, consent orders, show cause orders, cease and desist orders, and compliance orders.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

The general manager 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 Section 13.02.730 and shall be judicially enforceable.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. The general manager may order a user which has been given a notice of violation and which has failed to submit an acceptable plan of corrective action or which, having submitted such a plan, fails to follow through with execution of the plan, to appear at a hearing scheduled by the general manager to show cause why the enforcement action proposed in the show cause order should not be taken.

B. The show cause order shall specify the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show why the proposed enforcement action should not be taken. The show cause order shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. The order may be served on any authorized representative of the user. A show cause order shall not be a bar against, or prerequisite for, taking any other action against the user.

C. At the conclusion of the show cause hearing, the general manager may: rescind previous enforcement action; issue an appropriate administrative order (consent order, compliance order, or cease and desist order), including assessment of fines; initiate control mechanism revocation proceedings or termination of sewer services; or direct the remission of the file to counsel for legal action.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. When the general manager finds a violation, he may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. 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.

B. Compliance orders 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 standards or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

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

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. When, subsequent to a show cause hearing, the general manager finds a violation, he may fine the user in an amount not to exceed five thousand dollars ($5,000.00 ) per violation per day of discharge in violation of any control mechanism or order issued hereunder, or any other pretreatment standards or requirement.

B. The user may be responsible for the city's costs of preparing administrative enforcement actions, such as notices and orders.

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one half (1½) percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute an administrative fine must file a written request for the general manager to reconsider the fine along with full payment of the fine amount within thirty (30) days of the user's receipt of notice of the fine. Assessment of fines may be appealed pursuant to Article V. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.

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

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. The general manager 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.

B. The general manager may also immediately suspend a users discharge, after notice and opportunity to respond, that threatens to interfere with the operation of a regional water reclamation facility, or which presents, or may present, an endangerment to the environment.

1. 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 general manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city's collection system, the city's RWRFs, the receiving stream, or endangerment to any individuals. The general manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the general manager that the period of endangerment has passed, unless the termination proceedings in Section 13.02.745 are initiated against the user.

2. 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 general manager prior to the date of any show cause or termination hearing under Sections 13.02.725 or 13.02.745.

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

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

In addition to the provisions in Section 13.02.510, any user who violates the following conditions is subject to discharge termination:

A. Violation of waste 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 standards in Article III of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.02.725 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

In accordance with federal regulations, the city shall annually cause to be published the names of all users in significant noncompliance. Said publication shall be made in the newspaper of the largest daily circulation published in the city's service area.

In certain circumstances, judicial enforcement may be appropriate. Such remedies may include, but are not limited to, injunctive relief, civil penalties, and criminal prosecution.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

When the general manager finds a violation, the city may petition the Superior Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the control mechanism, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.

A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Authority. All users of the city's system and facilities are subject to administrative or judicial enforcement actions by the city, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Riverside District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (I) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740.

B. Recovery of Fines or Penalties. When the city must pay fines or penalties imposed by other regulatory or enforcement agencies based, and the city can establish said violation was the result of the discharge of any user, which discharge was in violation, as defined in this chapter, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties.

C. Ordinance. Pursuant to the authority of California Government Code Sections 54739-54740, any person who violates any provision of this chapter, any permit condition, prohibition or effluent limit, or any suspension or revocation order, shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. The city shall petition the Superior Court to impose, assess, and recover such penalties, or such penalties as the city may impose, assess, and recover pursuant to federal and/or state law.

D. Administrative Civil Penalties.

1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint against any person who violates:

a. any provision of this chapter;

b. any permit condition, prohibition, or effluent limit; or

c. any suspension or revocation order.

2. The administrative complaint shall be served by personal delivery or certified mail, and shall specify a date and time for a hearing, which will be held within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the city's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by a hearing officer designated by the city manager. The person against whom an administrative complaint has been issued may waive the right to a hearing.

3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence.

4. After the hearing, the hearing officer shall deliver a written report to the general manager, setting forth findings of fact, conclusions and a recommendation. Upon receipt of the written report, the general manager shall issue his decision and order in writing within thirty (30) calendar days after the hearing. The decision and order shall be served by personal delivery or certified mail.

5. In determining the amount of civil penalties, the general manager may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved.

6. Civil penalties may be assessed as follows:

a. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports;

b. In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the city;

c. In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the city;

d. In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city;

7. The General Manager's order assessing administrative civil penalties shall be final on the 31st day after it is served on the person unless an appeal and request for hearing is filed with the city Manager before the 31st day. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail, and a copy forwarded to other persons who appeared at the hearing and requested a copy.

8. The general manager's decision and order is subject to appeal to the city manager pursuant to Section 13.02.785. Any person aggrieved by a final order issued by the city manager may obtain review of the order of the city manager in the superior court, pursuant to Government Code Section 54740.6, by filing a petition for writ of mandate within thirty (30) days following service of the Board's decision or order.

9. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The city may record the lien for any unpaid administrative civil penalties on the 91st day following the date the order becomes final.

10. No administrative civil penalties shall be recoverable under Section 13.02.765(D) for any violation for which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740.

E. Filing a suit for civil penalties shall not be a bar to, or a prerequisite for, taking any other action against a user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A user who willfully or negligently violates any provision of this chapter, a control mechanism, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Performance Bonds. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city to be necessary to achieve consistent compliance.

B. Liability Insurance. The city may decline to issue or reissue a wastewater permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. General. Any user or applicant affected by any decision, action or determination may file with the general manager a written request for an appeal hearing. The city must receive the request within thirty (30) days of mailing of notice of the decision, action, or determination to the user or applicant. The request for hearing shall set forth in detail all facts supporting the request.

B. Notice. The general manager shall, within fifteen (15) days of receiving the request for appeal, designate a hearing officer who will hear the appeal and provide written notice to the user or applicant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail, unless a later date is agreed to by the user or applicant. If the hearing is not held at the agreed time due to actions or inactions of the user or applicant, then the decision shall be deemed final.

C. Hearing. At the hearing, the user or applicant shall have the opportunity to present information supporting its position concerning the decision, action or determination.

D. Written Determination. After the hearing, the hearing officer shall deliver a written report to the general manager setting forth findings of fact, conclusions, and a recommendation whether to uphold, modify or reverse the original decision, action or determination. Upon receipt of the written report, the general manager shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the general manager shall be sent by certified mail.

The order of the general manager shall be final on the sixteenth day after it is mailed, unless a request for hearing is filed with the city manager pursuant to Section 13.02.785, no later than 5:00 p.m. on the fifteenth day following such mailing.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. General.

1. Any user or applicant may appeal a decision, action, or determination made by the general manager prior to the date that the general manager's order becomes final, by filing a written request for hearing with the city manager accompanied by an appeal fee of one hundred dollars ($100.00). The request for hearing shall set forth in detail all the issues in dispute and all facts supporting the request.

2. No later than sixty (60) days after receipt of the request for hearing, the city manager shall either set the matter for a hearing, or deny the request for a hearing.

3. A hearing shall be held by the city manager within sixty-five (65) days of the date the request for a hearing was granted, unless a later date is agreed to by the user or applicant and the city manager. If the matter is not heard within the required time, due to actions or inactions of the user or applicant, the general manager's order shall be final.

B. Granting Request for Hearing. The city manager shall grant all requests for an appeals hearing concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the general manager shall be within the sole discretion of the city manager.

C. Appeal Fee Refund. The appeal fee shall be refunded if the city manager denies a hearing.

D. Written Determination.

1. After the hearing, the city manager shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the general manager.

2. The city manager's decision shall be set forth in writing and shall contain findings of fact and conclusions. The written decision and order of the city manager shall be sent by certified mail within sixty-five (65) days after the close of the hearing

3. The order of the city manager shall be final upon its adoption.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Any user or applicant may request reconsideration of the imposition and collection of fees or charges, such as connection charges, sewer use charges, and waste hauler fees. Following review of such a request, the city shall notify the user or applicant by certified mail of the city's decision on the reconsideration request within thirty (30) days of the city's receipt of the request. Any user or applicant may file an appeal which shall be heard by the city manager. The notice of appeal must be received by the city within thirty (30) days of the mailing of the city's decision on the reconsideration request.

B. Notwithstanding the foregoing, appeals of noncompliance sampling fees shall be made pursuant to the appeal procedure set forth in Sections 13.02.780 and 13.02.785.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Except as otherwise provided, all fees, charges and penalties established by this chapter or by resolution are due and payable upon notice thereof. All such amounts are delinquent if unpaid thirty (30) days after date of invoice.

B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:

1. Thirty-one (31) days after date of invoice, a basic penalty of five percent of the base invoice amount, not to exceed a maximum of one thousand ($1,000.00); and

2. Interest at a rate of one and one-half (1½) percent per month of the sum of base invoice amount and basic penalty shall accrue from and after the thirty-first day after date of invoice.

C. Any invoice outstanding and unpaid after sixty (60) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

The remedies provided for in this chapter are not exclusive. The general manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the city's enforcement response plan. However, the general manager may take other action against any user when the circumstances warrant.

Further, the general manager is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

Collection of delinquent accounts shall be in accordance with the city's policy for collection of delinquent obligations owed to the city, as amended from time to time; any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. In the event a user fails to comply with any of the terms and conditions of this chapter, an administrative order, a permit suspension or revocation, a consent order, or a permit issued hereunder, the city shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions with or without filing proceedings in court.

B. The city may require the user to pay any additional costs incurred which are reasonably related to the enforcement of a user's discharge permit or any requirements of this chapter. These costs may include any inspections, monitoring, sampling or other investigations required by the city on a non-routine basis; procurement of water records; additional treatment; reasonable attorney fees and other legal costs, whether or not civil enforcement is pursued in court; any expert analysis required on a non-routine basis; any damage to the POTW; costs required to resume normal operations of the POTW; and any other costs incurred by the city in its enforcement efforts. These costs shall be based upon actual cost, including actual staff time incurred for such enforcement activities. These costs are due and payable as directed in any notice and are not subject to appeal. The city shall provide the user an accounting of these costs upon the user's request.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Compliance Deposit. Users that have been subject to enforcement and/or collection proceedings may be required to deposit with the city an amount necessary to guarantee payment of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the collection system.

B. Delinquent Accounts. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter. The city may thereafter issue an amendment to the user's control mechanism in accordance with the provisions of Article IV and Section 13.02.820.E. of this chapter.

C. Bankruptcy. Every user filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its control mechanism.

D. Permit Amendments. The city shall review and examine user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter. The city may thereafter issue an amendment to the user's permit in accordance with the provisions of Article IV and Section 13.02.820.E.

E. Security. An amendment to a control mechanism issued pursuant to Sections 13.02.720, 13.02.725, and 13.02.730, may be conditioned upon the user depositing financial security in an amount equal to the average total fees and charges for three calendar months during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by city and shall not be used by the city to recover outstanding fees and charges incurred prior to the user filing and receiving protection from creditors in the United States Bankruptcy Court.

F. Return of Security. In the event the user makes payment in full within the time prescribed by this chapter of all fees and charges incurred over a period of two years following the issuance of an amendment to the control mechanism pursuant to Sections 13.02.820(B), (C), and (D), the city shall either return the security deposit posted by the user or credit their account.

G. Water Supply Severance. Water service to the user may be severed for any violation. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)

A. Purpose and effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.

B. Definitions. As used in this section, the following terms and words shall have the following meanings:

1. "Decision" shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license.

2. "Complete record" shall mean and include the transcript, if any, of the proceedings, all pleadings, all notices and orders, any proposed decision by the general manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its offices or agents, all written evidence, and any other papers in the case.

3. "Party" shall mean a person whose permit or service has been denied, suspended, or revoked.

C. Time Limit for Judicial Review. Judicial review of any decision of the city or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purpose of this section on the date that reconsideration is rejected.

D. Preparation of the Record. The petitioner may request, in writing, the complete record of the proceedings. The record shall be prepared by the city officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after filing the written request. The city may recover from the petitioner its actual costs for transcribing or preparing the record.

E. Extension. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate.

F. Notice. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.

G. Administrative Civil Penalties. Notwithstanding the foregoing in Section 13.02.820, and pursuant to Government Code Section 54740.6, judicial review of an order of the city manager imposing administrative civil penalties pursuant to Section 13.02.765(D) may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which the order of the city manager becomes final.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)