Del Rey Oaks Municipal Code Ch. 8.32 Urban Storm Water Quality Management and Discharge Control

This Article shall be known as the "Urban Storm Water Quality Management and Discharge Control Ordinance" of the City of Del Rey Oaks and may be so cited.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The purpose and intent of this Article is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The terms used in this Article shall have the following meanings:

Best Management Practices means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants. Please refer to the City's BMP Guidance Series, as discussed further in Section 13(c) herein, for specific requirements.

City means the City of Del Rey Oaks.

Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Construction activity means construction projects subject to NPDES Construction Permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code § 25117).

Illegal discharge means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 8.32.090 of this chapter.

Illicit connections means an illicit connection is defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.

Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR Section 122.26 (b)(14).

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Coast Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including, but not limited to, the General Construction Activity and General Industrial Activity permits.

Non-storm water discharge means any discharge to the storm drain system that is not composed entirely of storm water.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

Pollution means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code § 13050).

Porter-Cologne Act means the Porter-Cologne Water Quality Control Act and as amended (California Water Code § 13000 et seq.).

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm drain system means publicly-owned facilities operated by the City by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

Storm water means any surface flow, runoff, and drainage consisting entirely of water from rain storm events.

Waters of the United States means surface watercourses and water bodies as defined at 40 CFR § 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City including any amendments or revisions thereto.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The City Manager shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

This Article shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by said person. This Article shall not create liability on the part of the City, or any agent or employee thereof for any damages that result from any discharger's reliance on this Article or any administrative decision lawfully made thereunder. All persons conducting construction activities shall employ, to the maximum extent practicable, erosion prevention and construction site management practices that result in the following outcome: no discharges that cause or contribute to an exceedance of the water quality standards contained in a Statewide water Quality Control Plan, the California Toxics Rule or the Central Coast Regional Water Quality Control Board Basin Plan.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

B. Illegal discharges from industrial and/or commercial activities include, but are not limited to, the following, and are prohibited, unless the discharge is permitted under a separate NPDES permit or as allowed by BMPs published or approved by the City Manager.

1. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities.

2. Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial operations.

3. Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners.

4. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops.

5. Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning.

6. Vehicle fluids.

7. Mat wash and hood cleaning water from food service facilities.

8. Food and kitchen cleaning water from food service facilities.

9. Leakage from dumpsters or trash containers.

10. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained.

11. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces.

12. Wastewater or cleaning fluids from carpet cleaning.

13. Swimming pool and spa water.

14. Wash out from concrete trucks.

15. Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored, except as allowed by Chapter 6.50 of this code.

16. Super-chlorinated water normally associated with the disinfection of potable water systems.

The discharge of sewage or other forms of polluted water from recreational activities including boating and camping, and from recreational vehicles and boats, to the municipal storm drain system or watercourses is prohibited.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

C. Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this ordinance:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flows;

4. Rising ground waters;

5. Uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(20)) to separate storm sewers;

6. Uncontaminated pumped ground water;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensation;

10. Irrigation water;

11. Springs;

12. Water from crawl space pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated swimming pool discharges;

18. Flows from fire fighting activities.

D. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City for any discharge to the storm drain system.

E. With written concurrence of the Regional Board, the City may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system nor waters of the U.S.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

A. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

A. Authorization to Adopt and Impose Best Management Practices. The city may adopt, and from time to time amend, requirements identifying best management practices for activities, operations, or facilities which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP guidance series. BMP requirements may incorporate by reference best management practices promulgated by federal, state of California, or regional agencies. Where best management practices requirements are promulgated in the BMP guidance series, each person who discharges pollutants to the storm drain system or waters of the U.S., and each person owning or operating any facility that may cause such a discharge, shall comply with those BMP requirements.

The public works director will periodically report to the city council on the status of implementation of BMPs and new BMPs that may be developed for inclusion in the BMP guidance series.

B. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of BMP requirements promulgated pursuant to subsection (A) of this section, each person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of each commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system and/or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the expense of the owner or operator.

C. Construction Sites. The city's BMP guidance series shall include best management practices to reduce pollutants in any storm water runoff from construction activities. The city may incorporate BMPs and other requirements in any land use entitlement and construction or building-related permit issued relating to such development or redevelopment. The owner and operator shall comply with the terms, provisions, and conditions of such land use entitlements and building permits and as required by this chapter. Construction activities subject to BMP requirements shall continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, contamination, or unauthorized discharge of pollutants.

D. New Development and Redevelopment. The City shall require BMP appropriate best management practices (BMP) to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as required by the NPDES permit to minimize the generation, transport and discharge of pollutants. The city shall incorporate BMP requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter and the NPDES permit as it may be amended from time-to-time.

These requirements may include a combination of structural and nonstructural BMPs, and may include requirements to ensure the proper long-term operation and maintenance of these BMPs, including inspections and right of entry by City staff or agent to ensure compliance with the requirements of this article or to enforce any provision of this article.

E. The provisions and requirements of this chapter shall become effective upon its adoption except that:

1. The provisions and requirements pertaining to construction sites, as described in subsection (C) of this section, and in the BMP guidance series as described in this subsection (A) of this section, shall not become effective until October 1, 2007; and

2. The provisions and requirements pertaining to new development and redevelopment, as described in subsection (D) of this section, shall not become effective until March 6, 2014.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007; Ord. No. 277, § 1, 3-25-2014)

Notwithstanding the requirements of Section 8.32.200 herein, the City Manager may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

A. The City Manager may require, by written notice, that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this Article.

B. If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Whenever the City Manager finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the City Manager may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 8.32.220 through 8.32.250 below.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The City Manager may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the U.S., to undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this Article.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the City Manager has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

During any inspection as provided herein, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The primary focus of this ordinance is to reduce and control storm water impacts, and the City will use the amount of enforcement necessary to achieve compliance. Where possible the City will rely on education rather than enforcement. The City Manager may provide education programs or other informational materials that will assist in meeting the desired erosion and sedimentation controls, and other storm water management practices outcomes.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Whenever the City Manager finds that a person has violated a prohibition or failed to meet a requirement of this Article, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

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

2. The elimination of illicit connections or discharges;

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

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

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

6. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the City or a contractor designated by the City Manager and the expense thereof shall be charged to the violator pursuant to Section 8.32.240 below.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Whenever any activity is being done contrary to and in violation of this ordinance, the enforcement officer may order the related activity stopped by noticing in writing, posted on the premises, or served on the responsible party. The responsible party shall forthwith stop such work until authorized by the enforcement officer to proceed.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Upon a determination that there is a violation of this ordinance, a citation may be issued to the responsible party to appear in Court.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

The City may issue an Administrative Compliance Order for any violation. The order shall be in writing, specify the violation(s) and require compliance measures. The order may also include a Notice of Impositions of Administrative Civil Penalty Assessment for the violation.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

If a person fails to comply with applicable provisions of this code or an administrative compliance order, the enforcement officer may issue to the person a Notice of Imposition of an administrative civil penalty.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

All notices/orders shall be served by personal service or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received for purposes of any time computations hereunder, three days after the date mailed, if to an address within this state and seven days after the date mailed, if to an address outside this state.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Upon receipt of Notice of Administrative Civil Penalty Assessment, the violation may request a conference with the City Manager or designee. The City Manager or designee may compromise or settle any unpaid administrative civil penalty assessment where authorized. A request under this paragraph shall not act as a stay, or otherwise affect the filing or processing of an appeal under Section 8.32.230.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Notwithstanding the provisions of Section 8.32.260 above, any person receiving a Notice of Violation, Stop Work Order, Notice of Imposition of an Administrative Civil Penalty or Administrative Compliance Order under Section 8.32.220 above may appeal the determination of the City Manager to the City Manager. The notice of appeal must be received by the City Manager within 15 days from the date of the Notice of Violation. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required, waives the appellant's objections and the appeal shall be dismissed. Hearing on the appeal before the City Manager or his/her designee shall take place within 30 days from the date of City's receipt of the notice of appeal. At least ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the appellant. The decision of the City Manager or designee shall be final.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

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 8.32.230, within ten days of the decision of the City Manager upholding the decision of the City Manager, then the City or a contractor designated by the City Manager 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. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

Within 30 days after abatement of the nuisance by the City, the City Manager shall notify the property owner of the 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 15 days. 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. No. 263, § 1 (Exh. A), 10-23-2007)

The City Manager is authorized to require immediate abatement of any violation of this Article 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 City Manager, the City 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 shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this Article.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. A violation of or failure to comply with any of the requirements of this Article shall be enforceable as provided in Chapters 1.12 and 1.16 of the Del Rey Oaks Municipal Code.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

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

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)

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 Article 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. No. 263, § 1 (Exh. A), 10-23-2007)

Any person who violates any provision of this Ordinance or any provision of any requirement issued pursuant to it, 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 Ordinance shall also include written notice to the violator of such potential liability.

(Ord. No. 263, § 1 (Exh. A), 10-23-2007)