Chapter 21.36 — ENFORCEMENT

The Homeowners Association of a Common Interest Development shall, along with the owner, be jointly and severally liable for the duties and obligations imposed by this Title in relation to any private sewer lateral located within a common area of the development. If no Homeowners Association exists, then the individual unit owners sharing use of the private sewer lateral, considered jointly, shall be liable for the duties and obligations with respect to private sewer laterals established by this title.

(Ord. No. 45, § 3, 6-4-2018)

Any person found to be violating any provision of this or any other section, rule or regulation of the district, except Sections 21.04.110, 21.08.010, and 21.0820 of this title, shall be served by district staff with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Except as otherwise specified, said time limit shall be not less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this title or any other section, rule or regulation of the district. Upon being notified by district staff of any defect arising in any sewer or of any violation of this title, the person or persons having charge of said work shall immediately correct the same.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(Ord. No. 47, § 3, 7-20-2021)

The district has the authority to pursue the following remedies against any person found to be violating any provision of Title 21 or any other section, rule or regulation of the district:

(a)

Misdemeanor: Section 6523 of the California Health and Safety Code provides that the violation of any ordinance, rule or regulation of a sanitary district by any person is a misdemeanor punishable by imprisonment in the county jail not to exceed thirty days or by a fine not to exceed one thousand dollars or both. Each and every connection, occupancy, prohibited discharge in violation of this title shall be deemed a separate violation and each and every day or part of a day a violation of the ordinance, rule or regulation continues shall be deemed a separate offense hereunder and shall be punishable as such.

(b)

Temporary loss of occupancy of the property.

(c)

The district manager has the discretion to deem any violation of this title as an infraction, in which event any person violating any of the provisions of the code or failing to comply with any of the requirements of this code shall be subject to administrative fines as set forth in Chapter 21.38 of this code.

(Ord. No. 45, § 3, 6-4-2018; Ord. No. 47, § 3, 7-20-2021)

Should a contractor make any connection in violation of Section 21.16.005 of this title, the contractor shall be guilty of a misdemeanor within the meaning of Section 6523 of the California Health and Safety Code and shall be punished in accordance with the provisions of Section 21.36.015 of this title. Additionally, the district shall report such a contractor to the State Licensing Board.

(Ord. No. 45, § 3, 6-4-2018)

District staff shall have the authority to correct the violation of any section in this title or of any other section, pursuant to Health and Safety Code Section 6523.3 or as may be amended from time to time. The cost of such correction may be added to any sewer service charge payable by the person violating the ordinance or the owner or tenant of the property upon which the violation occurred, and the charge levied by the district shall be made a lien on the property and be collected with the sewer user service charge on the property tax roll of the county of Marin as described in Section 21.40.020.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(a)

In addition to all other remedies provided in this chapter, the district shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the district for a violation of this title or of any other section, rule or regulation of the district. Prior to disconnection the district shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be disconnected and conduct a hearing in the manner provided by Section 21.04.120(c), pursuant to Health and Safety Code Section 6523.2 or as may be amended from time to time. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county or as known to the clerk, and a copy shall be delivered to the tenant or posted on the property. The notice shall state the date of the proposed disconnection and the reasons therefor and the date the district board shall hold a hearing upon such intended termination. Such hearing shall not be held less than ten days subsequent to the giving of notice as herein required.

(b)

Upon disconnection district staff shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The user shall sign an agreement in a form provided by the district to fully reimburse the district for any and all costs incurred under this section above the amount of deposit. Upon completion of the work, a final accounting will be made of all costs incurred by the district for disconnection and reconnection. If such costs are less than the amount of the deposit, the difference shall be refunded to the applicant. If such costs are greater than the amount of the deposit, the applicant shall, upon request, pay to the district the amount of the difference. In any case, final acceptance of the work will not be made until such time as the district has been fully reimbursed for all costs incurred in connection with the work.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The district declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its sections, rules and regulations, and not as a penalty.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

A violation of any section of this title or other section, rule, or regulation of the district by any person shall be deemed a misdemeanor and shall be punishable in the manner provided by Health and Safety Code Section 6523. Each and every connection or occupancy in violation of the sections, rules and regulations of the district shall be deemed a separate violation and each and every day or part of a day a violation of the section, rule or regulation continues shall be deemed a separate offense hereunder and shall be punishable as such. In addition to the remedy provided by this section, the district shall have available to it all other remedies as are provided by state law or otherwise contained in this title.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

A violation of any section of this title or other section, rule, or regulation of the district by any person shall be subject to the administrative citation procedure and fine amounts outlined in Chapter 21.38.

(Ord. No. 47, § 3, 7-20-2021)