Colton Municipal Code Ch. 14.06 Enforcement

Whenever the Director finds that any Person or User has violated or is violating any provisions of this title, a NPDES Permit or a City Permit, or finds that a Violation of such provisions or Permits is likely to take place, the Director may, before, simultaneously with, or after taking one of the other enforcement actions authorized by this title, serve upon the violator a Written Notice stating the nature of the Violation and stating the penalties for continued noncompliance. If required by the Notice, the User Shall submit to the Director, within a prescribed period specified in the Notice, which period Shall not be less than ten 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, if required, a proposed compliance schedule indicating the dates those corrective actions will be completed.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 24, 2000: Ord. 0-17-93 § 1 (part), 1993)

In addition to the criminal, civil and other administrative penalties established by this title, any condition caused or Permitted to exist in Violation of any provisions of this title which is a threat to public health, safety or welfare Shall be declared and deemed a Public Nuisance, provided such threat meets the standards and requirements of California Law relevant to Public Nuisances. The Director, in his or her discretion, May summarily abate the Public Nuisance and/or restore and remediate the subject Property. As set forth in Section 14.06.060, the City Attorney May concurrently or alternatively file a civil action to abate, enjoin or otherwise compel the cessation of such Nuisance. The cost of such abatement, remediation and/or restoration Shall be borne by the Owner of the Property causing the Violation. Provided the requirements of the State and Federal constitutions regarding due process are met, and the California Government Code provisions relating to the filing and imposition of liens are followed, such cost Shall be a lien upon and against the Property and Shall continue in existence until fully paid. If the lien is not satisfied by the Owner of the Property within the legally prescribed amount of time after the City's removal or abatement of the Public Nuisance, and/or restoration and remediation of the Property to its original condition, the Property may, so long as otherwise Permitted by Law, be sold in satisfaction of the lien in a like manner as other Real Property is sold under execution.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 25, 2000: Ord. 0-17-93 § 1 (part), 1993)

In addition to the Stormwater management User Fees and other charges set forth in Section 14.01.050, and the other charges and Fees set forth in this Code, the City May recover costs for the implementation and enforcement of this title. These Fees Must relate exclusively to Matters covered by this title and are separate from all other Fees chargeable by Resolution of the City Council. The City enforcement charges and Fees May include, but are not limited to, Fees and charges for the Following:

A. Monitoring, inspection, surveillance procedures and laboratory costs;

B. Reviewing plans and construction inspection;

C. Noncompliance and enforcement.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 27, 2000: Ord. 0-17-93 § 1 (part), 1993)

In addition to the other enforcement options set forth in this title, the Director May enforce this title through the administrative fines and penalties procedures contained in Chapter 8.12 of this Code. Any User May also request in writing, or the Director May order, an administrative hearing at which a Person who causes or allows, or who has caused or allowed, a Violation of this title to occur, Shall show cause why proposed enforcement action should not be taken. The City Manager will act as the Administrative Officer and preside over the administrative hearing at which each Party, including the User and the director, Shall have the right to present evidence; provided, however, that if the City Manager is directly and substantially involved in enforcing this title as against the alleged violator, the City Manager Shall appoint another City Employee not involved in the enforcement action to act as the administrative Hearing Officer. A Notice Shall be served on the Person specifying the time and place of the hearing regarding the Violation, the reasons why the action is to be taken and the proposed enforcement measures, directing the Person to show cause before the Hearing Officer why the proposed enforcement action should not be taken. The Notice of hearing Shall be served personally or by registered mail, with return receipt requested, at least ten Working Days before the hearing. Service May be made on any agent or Officer of the alleged violator.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 28, 2000: Ord. 0-17-93 § 1 (part), 1993)

A. The Director May require compliance with this title, a NPDES Permit or a City Permit by issuing Written Administrative Orders or by directly seeking Court action. The Director May also enforce this title through the provisions of Chapter 8.12 of this Code. Administrative Orders May include Stop-work Orders, Cease and Desist Orders, Termination of Service Orders, Administrative Penalties, Immediate Termination of Service Orders, and the imposition of administrative penalties.

1. Stop-work Order. The Director May serve a Written Stop-Work Order on any Person engaged in doing or causing to be done New Construction, or Tenant Improvement, Alterations or additions, if:

a. A City Permit is required and no Permit has been granted by the City;

b. Work has begun without necessary prior Written Approval by the Director; or

c. Violations of this title are found at the site of the New Construction, or Tenant Improvement, Alterations or additions.

Any Person served a Stop-Work Order Shall Stop such work forthwith until Written authorization to continue is received from the City Manager.

2. Cease and Desist Order. When the Director finds that any Person has violated or threatens to violate any provisions of this title, a NPDES Stormwater Permit or a City Permit, the Director May issue an order to cease and desist such Discharge or practice and direct the violator or potential violator to:

a. Comply immediately;

b. Comply in accordance with the time schedule in the Cease and Desist Order; or

c. Take appropriate remedial or preventative action to prevent the Violation from recurring, including but not limited to requiring the immediate removal of any oil, dirt, earth, grass, weeds, dead trees or bushes, tin cans, Rubbish, Refuse, waste or other Material which does or May result in an increase in Pollutants entering the City Storm Drain System, the City Street System, or natural Watercourse.

A Cease and Desist Order May include modifications in the frequency of monitoring, testing and submission of self-monitoring reports.

3. Termination of Service. When the Director finds that any Industrial User or commercial User has violated an Administrative Order, the Director May terminate storm drain service to the User. The User Shall be liable for all costs, and any legally available damages attendant thereto, 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 of payment, or for any other reason. Storm drain service Shall be reinstituted by the water utilities manager after the User has complied with all the provisions of the Administrative Order. The User Shall also be liable for all costs for reinstituting the storm drain service.

4. Immediate Termination of Service. The Director May immediately suspend storm drain service and any City Permit when such suspension is necessary in the opinion of the Director to Stop an actual or threatened Discharge which presents or May present an imminent or substantial endangerment to the health, safety or welfare of Persons or the environment, or which causes significant Pollution to the receiving groundwaters and water courses of the City. Any Industrial User or commercial User notified that storm drain service, a NPDES Permit or a City Permit has been suspended Shall immediately Stop and eliminate the applicable contribution to the Storm Drain System. In the event of failure to comply voluntarily with the Suspension Order, the Director Shall take steps as deemed necessary, as allowed by Law, including immediate severance of storm drain connections. The Industrial User or Commercial User Shall be liable for all costs incurred by the City in terminating storm drain service. Storm drain service May be reinstituted by the Director after the actual or threatened Discharge has been eliminated. A detailed Written statement, prepared by the Industrial User or Commercial User, describing the cause of the harmful contribution and the measures to prevent any future recurrence Shall be submitted to the Director within fifteen Working Days of the date of the storm drain termination.

B. The Director May adopt a proposed compliance schedule submitted by the User, or May adopt a revised compliance schedule if, in the opinion of the Director, the User's compliance schedule would allow the User to cause harm to the Receiving Waters and/or to City Storm Drain Facilities. The Director will notify the User of the adopted compliance schedule in a timely manner. The Director Shall not adopt a compliance schedule which extends beyond applicable Federal or State guidelines.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 29, 2000: Ord. 0-17-93 § 1 (part), 1993)

A. If any Person violates the provisions of this title, Federal or State NPDES Permit, City Permit 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 City May recover all reasonable Attorney's Fees, Court costs, Court reporter 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 title, NPDES Permit, City Permit or the orders, rules, regulations and Permits issued thereunder.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)

In addition to the other enforcement options set forth in this title, the Director May enforce this title through the provisions of Chapter 8.12 of the code. Any User of the Storm Drain System who violates any provision of this title is subject to a fine hereunder or pursuant to Chapter 8.12 not to exceed one thousand dollars for each offense. 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. In addition to the penalties provided in this section, the City May recover all reasonable Attorney's Fees, Court costs, Court reporter Fees and other expenses of litigation by appropriate suit of Law against the Person found to have violated this title, NPDES Permit, City Permit or the rules, regulations and Permits issued under this title. The Business License of any industrial/Commercial User who is found to have violated an Administrative Order to comply with any provision of this title, NPDES Permit or City Permit and the orders, rules, regulations and Permits under this title May be revoked.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)

Any Person who wilfully violates any provision of this title or any Permit condition, who knowingly violates any Stop-Work Order, Cease and Desist Order, Termination or Immediate Termination Order, prohibition or Effluent limitation, who knowingly makes false statements, representations or certifications in any Application, record, report, or other document filed with or returned to the City or to be maintained pursuant to this title or to a NPDES Permit, who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this title, or who causes, Permits, aids, abets or conceals a Violation of any provision of this title, is guilty of a misdemeanor, which upon conviction, is punishable by a fine not to exceed one thousand dollars or by imprisonment for a period for not more than six Months, or both. Each such Person Shall be deemed guilty of a separate offense for every Day during which any Violation of any provision of this title is committed, continued or Permitted by such Person, and Shall be punishable for that Violation as provided by this section.

(Ord. 0-04-00 § 30, 2000: Ord. 0-17-93 § 1 (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 of, causes Blockages of, damages to or 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, occasioned thereby. Liability for any such Discharge Shall be the responsibility of the Person(s) causing or responsible for the Discharge, and such Person(s) Shall defend, indemnify and hold harmless the City, its elected officials, Officers, Employees and agents, in any administrative or judicial enforcement action relating to such Discharge. An administrative Fee, which Shall be fixed by the Director based on the City's current overhead cost Application percentage, Shall be added to these charges and Shall be payable to the City within thirty calendar Days of the invoicing.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-04-00 § 31, 2000: Ord. 0-17-93 § 1 (part), 1993)

Any Decision of the Director or the Administrative Hearing Officer May be Appealed to a Court of competent jurisdiction. The imposition of fines or penalties Shall be stayed during the Appeal period unless the Director or Administrative Hearing Officer, as applicable, determines that such a stay would threaten the public safety, health or welfare.

(Ord. 0-07-04 § 2 (part), 2004: Ord. 0-17-93 § 1 (part), 1993)