Cotati Municipal Code Art. V Enforcement

A. In addition to all the other enforcement remedies available to the city, the program leader may exercise any of the following enforcement powers as may be necessary to effectively implement and enforce the provisions of this chapter:

1. Notice of Violation. Whenever the program leader finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue a notice of violation. Within the time set forth in the notice of violation, the person shall submit to the program leader an explanation of the violation and a plan for the satisfactory abatement, correction, and prevention thereof.

2. Cease and Desist Order. When the program leader finds that a discharge has taken place or threatens to take place in violation of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue an order to cease and desist such discharge, or the activities or operations likely to cause such discharge, and direct that those persons not complying shall: (a) immediately discontinue any action constituting a violation of this chapter; (b) comply with a time schedule; (c) immediately contain or divert any flow of non-storm water off the premises where the flow is occurring in violation of any provision of this chapter; (d) clean up the area affected by the violation and/or (e) implement best management practices necessary to prevent future violations.

3. Stop Work Order. Whenever any work is being done contrary to the provisions of this chapter or any order or permit issued pursuant to this chapter, the program leader may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the program leader to proceed with the work.

4. Compliance Order. Whenever the program leader finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue a compliance order requiring any of the following actions:

a. The performance of monitoring, analyses, and reporting;

b. The elimination of illicit connections or illegal discharges;

c. That violating discharges, practices, or operations shall cease and desist;

d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

e. Payment of a fine to cover administrative and remediation costs;

f. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the order shall set forth a deadline within which such remediation or restoration must be completed. Said order shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the program leader and the expense thereof shall be charged to the violator.

B. Delivery of Notice. Any notice of violation, cease and desist order, stop work order or compliance order shall be subject to the following:

1. The notice or order shall state that the recipient has a right to appeal the matter as set forth in Section 13.68.160.

2. Delivery shall be deemed complete upon (a) personal service to the recipient; (b) deposit in the United States Mail, postage prepaid for first class delivery; (c) facsimile service with confirmation of receipt or (d) e-mail service with confirmation of receipt.

3. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the city.

4. Where the owner or occupant of any property cannot be located after the reasonable efforts of the program leader, a notice of violation, cease and desist order, stop work order or compliance order shall be deemed delivered after posting on the property for a period of ten business days.

C. Civil Action. Any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following:

1. A temporary restraining order, preliminary and permanent injunction;

2. Reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this chapter;

3. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;

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

D. Remedies Not Exclusive. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Notwithstanding the provisions of Section 13.68.190, any person receiving a notice of violation or order under Section 13.68.150 or otherwise aggrieved by a decision of the program leader may appeal the determination of the program leader to the city manager. The notice of appeal must be received by the city manager within five days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within thirty days from the date of city's receipt of the notice of appeal. The decision of the city manager or designee shall be final.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under Section 13.68.160, within ten days of the decision of the city manager upholding the decision of the program leader, then the city or a contractor designated by the program leader shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. Should any person, owner, agent or person in possession of any premises refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above, the city or designated contractor shall obtain a warrant to enter the subject property.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Within thirty days after abatement of the nuisance by city, the program leader shall notify the property owner of the subject property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within fifteen days of said notification. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be set forth by resolution and shall be final.

If the amount due is not paid within ten days of the decision of the city council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the county auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

The program leader is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the program leader, the city of Cotati is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Cotati shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent city from seeking other and further relief authorized under this chapter.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

A. It is unlawful for any person to violate any provision of this chapter or fail to comply with any notice of violation, order or permit issued pursuant to this chapter. A violation of or failure to comply with any of the requirements of this chapter or any notice of violation, order or permit issued pursuant to this chapter shall constitute a misdemeanor.

B. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be in violation of this chapter and subject to a fine not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Santa Rosa area.

C. Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.

D. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

E. It shall be a violation of this chapter to knowingly render any monitoring device or method inaccurate.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the program leader may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. 759 § 1(part), 2004; Ord. 795 § 1(part), 2007; Ord. 870 § 2(part), 2017)