Corona Municipal Code Ch. 13.27 Storm Water Management and Discharge Controls

(A) The purpose of this chapter is to protect the future health, safety and general welfare of the city’s citizens by:

(1) Reducing pollutants in storm water discharges to the maximum extent practicable;

(2) Regulating illicit connections and discharges to the storm drain system; and

(3) Regulating non-storm water discharges to the storm drain system.

(B) The enforcement of this chapter is intended to protect and enhance the water quality of city watercourses, water bodies, groundwater and wetlands in a manner consistent with the Federal Clean Water Act (33 USC 1342 et seq.).

(`78 Code, § 13.27.010.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the Clean Water Act (33 USC 1251 et seq.), and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, by the definitions in any applicable permit issued by the California Water Resources Control Board or the California Regional Water Quality Control Board, Santa Ana, as appropriate, as such permits may be amended from time to time.

(A) “Authorized Enforcement Officer” shall mean an employee or agent of the city charged with the enforcement of this chapter.

(B) “Best Management Practice (BMPs)” shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices, as defined in 40 CFR 122.2, to prevent or reduce the pollution of waters of the United States. BMPs include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.

(C) “City” shall mean the City of Corona.

(D) “County E/CS” shall mean the Riverside County Enforcement/Compliance Strategy.

(E) “Director of Public Works” or “Director” shall mean the director of the city of Corona’s Public Works Department or his or her designee.

(F) “Illicit Connection” shall mean any connection to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations.

(G) “Illicit Discharge” shall mean any discharge, either intentional or unintentional, to the city’s storm drain system that is not composed entirely of storm water runoff, as defined in 40 CFR 122.26(b)(2), except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board. The term includes any disposal, either intentionally or unintentionally, of material or waste to land or the storm drain system that can pollute storm water or create a nuisance.

(H) “Municipal NPDES Permit” shall mean the area-wide NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm water system.

(I) “National Pollutant Discharge Elimination System Permit (NPDES Permit)” shall mean the most current storm water discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with Section 402(p) of the Clean Water Act, for regulating discharge of pollutants to waters of the United States.

(J) “New Development” shall mean the following:

(1) Developments that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial and industrial projects and residential housing subdivisions requiring a final map (i.e., detached single family home subdivisions, multi-family attached subdivisions, condominiums, apartments, etc.); mixed use and public projects (excluding city road projects).

(2) Automotive repair shops with standard industrial classification codes 5013, 5014, 5541, 7532, 7533, 7534, 7536–7539.

(3) Restaurants (standard industrial classification code 5812) where the land area of development is 5,000 square feet or more.

(4) Hillside developments disturbing 5,000 square feet or more which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more.

(5) Developments of 2,500 square feet or more of impervious surface adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas.

(6) Parking lots of 5,000 square feet or more exposed to storm water. “Parking lot” is defined as a site or facility for the temporary storage of motor vehicles.

(7) Retail gasoline outlets that are 5,000 square feet or more with a projected average daily traffic of 100 or more vehicles per day.

(8) Emergency public safety projects in any of the above-listed categories may be excluded if the delay caused due to the requirement for a WQMP compromises the public safety, public health or environmental protection.

(9) New development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency new developments required to protect public health and safety.

(K) “Non-storm water” shall mean all discharges to and from a storm water conveyance system that do not originate from precipitation events (i.e., all discharges from a conveyance system other than storm water). Non-storm water includes illicit discharges, non-prohibited discharges, and NPDES permitted discharges.

(L) “Non-storm water discharge” shall mean any discharge to the storm drain system that is not entirely composed of storm water.

(M) “Person” shall mean an individual, association, partnership, corporation, municipality, state or federal agency, agent or employee thereof, firm, association, club, organization, business trust, company or any other entity that is by law deemed to be a separate entity subject to the obligations of this chapter.

(N) “Pollutant” shall mean any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated. Pollutants may include, but are not limited to, paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal conform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste, animal waste, materials that result from the process of constructing a building or structure, noxious or offensive matter of any kind, sewage, wash water from restaurant floor mats and trash bins, gas stations, automobile service facilities, steam and pressure cleaning, carpet/upholstery cleaning, and pool cleaning; water from municipal, industrial, commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas; chlorine; biocides; grease; and food waste.

(O) “Premises” shall mean any building, lot, parcel of land, land or portion of land whether improved or unimproved.

(P) “Rainy Season” shall mean October 1 through May 31 of each year.

(Q) “Significant Redevelopment” shall mean the addition or replacement of 5,000 square feet or more of impervious surface on an existing developed site. This includes, but is not limited to, construction of additional buildings and/or structures, extension of the existing footprint of a building, construction of impervious or compacted soil parking lots. Significant redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, the original purpose of the facility or emergency actions required to protect public health and safety.

(R) “Site Design BMPs” shall mean any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site’s natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs.

(S) “Source Control BMPs” shall mean activities or programs to educate the public or provide low cost non-physical solutions, as well as facility design or practices aimed to limit the contact between pollutant sources and urban runoff or authorized non-storm water. Examples include activity schedules, prohibitions of practices, street sweeping, facility maintenance, detection and elimination of illicit connections and illegal dumping and other non-structural measures. Facility design examples include providing attached lids to trash containers, or roofs or awnings over material in trash storage areas to prevent direct contact between water and pollutants.

(T) “Storm Drain System” shall mean any facility within the incorporated areas of the city by which storm water may be conveyed to waters of the United States. Storm drain system includes, but is not limited to, any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structures.

(U) “Storm Water” shall mean runoff from urban, open space, and agricultural areas consisting only of those discharges that originate from precipitation events. Storm water is that portion of precipitation that flows across a surface to the storm drain system or receiving waters. Examples of this phenomenon include: the water that flows off a building’s roof when it rains (runoff from an impervious surface); the water that flows into streams when snow on the ground begins to melt (runoff from a semi-pervious surface); and the water that flows from a vegetative surface when rainfall is in excess of the rate at which it can infiltrate into the underlying soil (runoff from a pervious surface).

(V) “Structural BMPs” shall mean physical facilities or controls which may include secondary containment, treatment measures (e.g., first flush diversion, detention/retention basins, and oil/grease separators), runoff controls (e.g., grass swales, infiltration trenches, basins, etc.), and engineering and design modification of existing structures.

(W) “Treatment Control BMPs” shall mean an engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity, settling of particulate pollutants, filtration, biological uptake, media absorption or other physical, biological, or chemical processes.

(X) “Urban Runoff” shall mean those discharges from residential, commercial, industrial, and construction areas within the permit area, excluding discharges from feedlots, dairies, farms, and open space. Urban runoff discharges consist of storm water and non-storm water surface runoff from drainage sub-areas with various, often mixed, land uses within all of the hydrologic drainage areas that discharge into waters of the United States.

(Y) “Waters of the United States” shall mean navigable surface waters and all tributary surface waters to navigable surface waters, as further defined in 40 CFR 122.2. Groundwater is not considered to be waters of the United States. Waters of the United States do not include prior converted cropland. For purposes of the Clean Water Act, the final authority regarding the jurisdiction of the Clean Water Act remains with the United States Environmental Protection Agency (USEPA).

(Z) “WQMP” shall mean Water Quality Management Plan.

(`78 Code, § 13.27.020.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 1, 2006; Ord. 2291 § 1 (part), 1996.)

This chapter shall be administered for the city by the Director of Public Works and the City Attorney and/or the Riverside County District Attorney shall have the authority to prosecute all violations of this chapter.

(`78 Code, § 13.27.030.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act (33 USC 1342 et seq.) and acts amendatory thereof or supplementary thereto, applicable implementing regulations and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof.

(`78 Code, § 13.27.040.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) In addition to any other activity prohibited by this chapter or the Corona Municipal Code, no person shall:

(1) Establish, use, maintain or continue an illicit connection or commence or continue an illicit discharge to the storm drain system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(2) Engage in activities which will or may result in urban runoff entering the storm drain system which contains pollutants that have not been reduced to the maximum extent practical.

(3) Engage in activities which will or may result in discharges from the storm drain system which cause or contribute to a nuisance or exceedances of receiving water quality standards.

(4) Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any pollutant in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city. The only exception being where such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal. No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

(5) Cause or contribute a discharge that would result in or contribute to a violation of the city's NPDES permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability of 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.

(B) Unless the city or the Executive Officer of the Regional Board determines that any of the discharges listed below is a significant source of pollutants, the following discharges are exempt from the prohibitions set forth in this section:

(1) Discharges composed entirely of storm water;

(2) Air conditioning condensate;

(3) Irrigation water from agricultural sources;

(4) Discharges covered by an NPDES permit, waste discharge requirement, or waiver issued by the Regional Board or State Board;

(5) Discharges from landscape irrigation, lawn/garden watering and other irrigation water;

(6) Passive foundation drains, but only if the source water drained is storm water or uncontaminated groundwater;

(7) Passive footing drains, but only if the source water drained is storm water or uncontaminated groundwater;

(8) Water from crawl space pumps, but only if the discharge is not contaminated with any pollutant;

(9) Non-commercial vehicle washing such as residential car washing and car washing by fundraisers by non-profit organizations (excludes engine degreasing);

(10) Dechlorinated swimming pool discharges, but not wastewater or filter backwash;

(11) Diverted stream flows;

(12) Uncontaminated rising ground waters and natural springs;

(13) Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater;

(14) Flows from riparian habitats and wetlands;

(15) Emergency fire fighting flows, but only where BMPs to reduce the discharge of pollutants are implemented, to the extent such implementation does not interfere with the protection of the public health, safety and welfare;

(16) Waters not otherwise containing wastes as defined in Cal. Water Code § 13050(d); and

(17) Other types of discharges identified and recommended by the city and approved by the Regional Board.

(`78 Code, § 13.27.050.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 2, 2006; Ord. 2291 § 1 (part), 1996.)

Any person engaged in activities which may result in pollutants entering the storm drain system shall take any and all measures necessary to prevent illicit discharges, consistent with § 13.27.050 of this code. The Director is authorized to require implementation of best management practices to prevent illicit discharges consistent with § 13.27.050 of this code; provided, however, that the implementation of such best management practices does not excuse a violation of § 13.27.050. Examples of activities that may result in pollution of the storm drain system include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, and stores fronting streets.

(`78 Code, § 13.27.080.) (Ord. 3164 § 1 (part), 2014; Ord. 2828, § 3, 2006; Ord. 2291 § 1 (part), 1996.)

Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, plaza, outdoor eating or drinking area, or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm drain system. To prevent the discharge of pollutants from such structures, the city may require the implementation of BMPs; provided, however, that implementation of such BMPs does not excuse a failure to comply with this section or with § 13.27.050.

(`78 Code, § 13.27.100.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

No person shall store potential pollutants in unsealed containers, including, but not limited to, motor vehicle or machine parts which may leak grease, oil or other toxic substances in areas where storm water runoff accumulates. To prevent the discharge of non-storm water from storage areas, the city may require the installation of a spill containment system or other BMP. Spill containment systems may consist of a system of dikes, walls, barriers, berms or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create hazardous or toxic substances.

(`78 Code, § 13.27.110.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) All applicants for discretionary approval of any new development or significant redevelopment project, represented by a map or permit requiring discretionary approval of the city or any of its departments, the owner(s) of the subject property of such project, and all contractors and their employees and subcontractors constructing any new development or significant redevelopment project on such property shall control all storm water and urban runoff so as to prevent any illicit discharge and minimize pollutant loads in urban runoff from the project site.

(B) The following conditions shall apply to the discretionary approval by the city of any new development or significant redevelopment project:

(1) Prior to the issuance of a building or grading permit, the applicant shall submit for approval by the Director of Public Works a project-specific Water Quality Management Plan (“WQMP”);

(2) Prior to the issuance of a certificate of occupancy, the property owner shall record a “Covenant and Agreement,” approved by the Director of Public Works with the County-Clerk Recorder, or other instrument acceptable to the city, as determined by the Director of Public Works, on a form provided by the city, to inform future property owners of the requirement to implement the approved project-specific WQMP and to ensure the operation and maintenance of all long term BMPs.

(3) If the project will cause land disturbance of one acre or more, it must comply with the statewide General Permit for Storm Water Discharges Associated with Construction Activity. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project’s Storm Water Pollution Prevention Plan as the Post-Construction Management Plan.

(4) Prior to building or grading permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall:

(a) Demonstrate that all structural BMPs described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications;

(b) Demonstrate that applicant is prepared to implement all nonstructural BMPs described in the project-specific WQMP; and

(c) Demonstrate that an adequate number of copies of the approved project-specific WQMP are available for the future owners/occupants of the project site.

(C) Each project-specific WQMP submitted pursuant to this subdivision shall comply with all requirements in the Riverside County Water Quality Management Plan, as determined by the Director of Public Works, and such other requirements as determined by the Director.

(D) Other development projects shall incorporate site design, source control, and treatment control BMPs as applicable and feasible into project plans at the discretion of the Director of Public Works.

(`78 Code, § 13.27.120.) (Ord. 3164 § 1 (part), 2014; Ord. 2828, § 4, 2006; Ord. 2291 § 1 (part), 1996.)

(A) Any person with any ownership or leasehold interest in existing development shall control all storm water and urban runoff from the site of such development so as to prevent any illicit discharge and minimize pollutant loads in urban runoff from the site. The Director shall identify the BMPs that may be implemented to prevent illicit discharges and minimize pollutant loads and shall identify the manner of implementation.

(B) For any site with a fully implemented WQMP, all WQMP requirements shall transfer to all future owners of the site. The WQMP for the site shall be updated to reflect significant proposed changes in the site's runoff characteristics. Significant changes in the site's runoff characteristics shall be deemed to occur whenever there is a change in use necessitating a conditional use permit or when proposed changes to the site fall into one or more of the project categories that require a project-specific WQMP.

(`78 Code, § 13.27.130.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 5, 2006; Ord. 2291 § 1 (part), 1996.)

No person shall cause, permit, aid, abet or conceal a violation of any provision of this chapter.

(`78 Code, § 13.27.140.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) Authorized enforcement officers shall conduct inspections of all construction sites, industrial facilities, and commercial facilities within the city and listed in the city's respective inventory list for compliance with this chapter, including all regulations, codes, the county WQMP, and any applicable project-specific WQMP. Inspections shall be conducted at least as frequently as required by the NPDES permit and all inspections shall meet the minimum requirements for the site or facility type as listed in the NPDES permit, and authorized Enforcement Officers shall keep adequate records of all inspections. Follow-up inspections when violations of this chapter have been observed shall be at least once within two weeks, or consistent with a compliance schedule established for the site or facility, or as specified in the county E/CS.

(B) Authorized enforcement officers shall follow all procedures listed in the NPDES permit to report illicit connections to the Regional Board and shall receive adequate training, in coordination with the Regional Board, consistent with the NPDES permit.

(C) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may enter the building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter. Except during an emergency in which there is a serious threat to life or property, any authorized enforcement officer must meet the following conditions prior to entry onto the premises:

(1) If such building or premises are occupied, he or she shall first present proper credentials and request entry; and

(2) If such building or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(D) Any such request for entry shall be accompanied by a statement to the effect that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owners and/or occupant refuse(s) entry after such request has been made, the officer is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(E) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system or similar factors.

(`78 Code, § 13.27.150.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 6, 2006; Ord. 2291 § 1 (part), 1996.)

With the consent of the owner or occupant of premises or pursuant to an inspection warrant, an authorized enforcement officer may establish on any premises such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(`78 Code, § 13.27.160.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) All persons in charge of premises are responsible to train facility personnel and notify the city of any suspected, confirmed or unconfused release of material, pollutants or waste creating a risk of discharge to the storm drain system.

(B) As soon as any person in charge of premises or responsible for emergency response for premises has knowledge of or suspects a release of hazardous material, pollutants or waste, the person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall first notify the city of the occurrence by telephone or in person and shall also notify the Riverside County Health Department by similar method.

(`78 Code, § 13.27.170.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) Authorized enforcement officers may request that any person engaged in any activity and/or owning or operating any premises which may cause or contribute to storm water pollution or contamination, illicit discharges and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reasonable reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

(B) In the event the owner or operator of premises subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost therefor, including the reasonable additional administrative costs incurred by the city, shall be borne by the owner of the premises. If an invoice demanding payment is not paid within 60 days of the issuance thereof, the costs may be imposed as a lien upon and against the property and continue in existence until the same shall be paid.

(`78 Code, § 13.27.180.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) The city may recover costs for the implementation and enforcement of this chapter. These fees must relate exclusively to matters covered by this chapter and are separate from all other fees chargeable by resolution of the City Council.

(B) The city charges and fees may include, but are not limited to, fees and charges for the following:

(1) Developing, implementing and operating the city’s storm water management and discharge controls program and this chapter;

(2) Monitoring, inspection, surveillance procedures and laboratory costs;

(3) Reviewing plans and construction inspection;

(4) Noncompliance and enforcement.

(`78 Code, § 13.27.190.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

A violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, pursuant to § 1.08.020 of the Corona Municipal Code, punishable by imprisonment for up to six months or by a fine not exceeding $1,000, or both, pursuant to § 1.08.025 of the Corona Municipal Code.

(`78 Code, § 13.27.200.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 7, 2006; Ord. 2291 § 1 (part), 1996.)

(A) Upon conviction of a misdemeanor for violating any provision of this chapter, a person shall be subject to payment of a fine, imprisonment or both, not to exceed the limits set forth by law.

(B) Upon conviction of an infraction for violating any provision of this chapter, a person shall be subject to payment of a fine, not to exceed the limits set forth by law.

(`78 Code, § 13.27.210.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(`78 Code, § 13.27.220.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) In addition to the criminal penalties provided in this chapter, any conditions caused or permitted to exist in violation of any of the provisions of this chapter constitutes a threat to public health, safety and welfare and is declared and deemed to be a public nuisance.

(B) A public nuisance which poses an immediate threat to public health, safety or welfare may be summarily abated.

(C) The cost of the abatement of any public nuisance shall be borne by the owner of the premises and the cost thereof may be imposed as a lien upon and against the premises, and such lien shall continue in existence until the same shall be paid.

(`78 Code, § 13.27.230.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996. )

(A) In addition to the other enforcement powers and remedies established by this chapter, an Authorized Enforcement Officer has the authority to pursue and take the following administrative actions:

(1) Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, practice or operation likely to cause such discharge and direct that those persons not complying shall:

(a) Comply with the requirement;

(b) Comply with a time schedule; and/or

(c) Take appropriate remedial or preventive action to prevent the violation from recurring.

(2) Notice to clean. Whenever an Authorized Enforcement Officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon any parcel of lands or upon any premises of land or grounds which may result in an increase in pollutants entering a storm drain system, street system or natural watercourse or a non-storm water discharge to a storm drain system, street system or natural watercourse, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material in any manner that he or she may reasonably provide. The recipient of the notice shall undertake the activities as described in the notice. In the event the owner or operator of premises fails to conduct the activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice to be performed by city or a contractor hired by the city and the cost thereof shall be invoiced to the owner of the premises. If the invoice is not paid within 60 days, a lien shall be placed upon and against the premises.

(3) Stop work order. An authorized enforcement officer may serve a stop work order on any person engaged in doing or causing to be done construction, improvements or other activity in violation of this chapter. Any person served with a stop work order shall immediately cease work until authorized in writing to proceed by the Director.

(B) Administrative penalties. In addition to the enforcement actions listed in this subdivision, any authorized enforcement officer, upon a determination that a violation of any part of this chapter has occurred, shall have the authority to issue an administrative citation to any responsible person, consistent with § 1.08.130 of this code. Where the violation is a non-emergency health or safety violation, a reasonable period of time to correct the violation shall be given prior to issuance of an administrative citation. The provisions of §§ 1.08.110, 1.08.120, 1.08.130, 1.08.040, 1.08.050, 1.08.160, 1.08.170, 1.08.080, and 1.08.090 of this code shall apply to administrative citations issued under the authority of this subdivision, and are incorporated into this chapter by this reference.

(`78 Code, § 13.27.240.) (Ord. 3164 § 1 (part), 2014; Ord. 2828 § 8, 2006; Ord. 2291 § 1 (part), 1996.)

(A) In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city.

(B) In any such action, the city may seek, and the court may 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 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 violation; or

(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(`78 Code, § 13.27.250.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

(A) Any person required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer may appeal such decision by an authorized enforcement officer in writing to the Director for reconsideration with ten days following the effective date of the decision. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Upon receipt of such request, the Director shall render a decision on the request for reconsideration. The person may within ten days after notification of the Director’s decision file a written appeal with the City Council.

(B) The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the authorized enforcement officer’s decision. The decision shall be final and shall complete the administrative process.

(`78 Code, § 13.27.260.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(`78 Code, § 13.27.270.) (Ord. 3164 § 1 (part), 2014; Ord. 2291 § 1 (part), 1996.)