Dublin Municipal Code Art. IV Inspection and Enforcement

A. General Procedures.

1. The authorized enforcement official has authority to conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources and waste discharges, routine inspections, random sampling, sampling in areas with evidence of stormwater pollution, contamination, illicit connections, discharge of non-stormwater.

2. The authorized enforcement official may enter such building or premises at all reasonable times to inspect the same, to inspect and copy records related to stormwater compliance, take measurements, or perform any duty imposed upon the official by this chapter; provided that:

a. If such building or premises is occupied, the authorized enforcement official shall first present proper credentials and request entry; and

b. If such building or premises is unoccupied, the authorized enforcement official shall first make a reasonable effort to locate the owner or other responsible person having charge or control of the building or premises and request entry.

3. Any such request for entry shall state that the property owner or responsible person 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 owner or responsible person refuses entry after such request has been made, or in the event that the owner or responsible person for the building or premises cannot be located, an inspection/abatement warrant authorizing entry shall be obtained prior to the city’s entry onto the building or premises. The official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such warrant authorizing entry.

4. 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 stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors.

5. Inspections deemed necessary to carry out the objectives of this chapter shall be subject to an inspection fee, consistent with the city’s current fee schedule for these specific activities.

B. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

C. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or wastes which may result in pollutants or non-stormwater discharges entering the MS4, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release, and shall notify the city of the occurrence by contacting the City Public Works Department at (925) 833-6630 during regular working hours and confirming the notification by correspondence to the same. After regular working hours, provide notification of spills by contacting the City of Dublin Fire Department Dispatch at 925-447-4257.

D. Follow-Up Action. In accordance with Sections 7.74.090 and 7.74.130, and following city inspection, the city may require that any person in charge of a facility or responsible for emergency response for a facility that has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the MS4, take appropriate action to prevent discharge of pollutants or wastes, including, but not limited to, implementation of appropriate BMPs, as described in Section 7.74.130, and/or installation of full trash capture systems or devices.

E. Requirement to Test or Monitor. An authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs of these activities, shall be borne by the person. The requested 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.

(Ord. 9-92 § 2 (part). Formerly 7.74.120; Ord. 7-24 § 2 (Exh. A))

Unless otherwise specified by ordinance, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the city, be charged and prosecuted as an infraction.

(Ord. 9-92 § 2 (part). Formerly 7.74.130; Ord. 7-24 § 2 (Exh. A))

A. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

B. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third infraction conviction for a violation of the same provision within a twelve (12) month period, subsequent violations of that same provision within a twelve (12) month period may be charged as a misdemeanor.

(Ord. 9-92 § 2 (part). Formerly 7.74.140; Ord. 7-24 § 2 (Exh. A))

Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, shall be punishable accordingly as herein provided.

(Ord. 9-92 § 2 (part). Formerly 7.74.150; Ord. 7-24 § 2 (Exh. A))

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 9-92 § 2 (part). Formerly 7.74.160; Ord. 7-24 § 2 (Exh. A))

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalty. Any enforcement action authorized under this code may also include notice to the violator of such potential liability.

(Ord. 9-92 § 2 (part). Formerly 7.74.170; Ord. 7-24 § 2 (Exh. A))

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance. Such condition may be summarily abated and/or restored by any authorized enforcement official pursuant to Chapter 5.64 of the Dublin Municipal Code, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

B. The cost of such abatement and restoration shall be borne by the responsible person for the property, and the cost thereof shall be a lien upon and against the property. The procedures of Article IV, Chapter 5.64 of the Dublin Municipal Code shall be followed for any such lien.

C. If violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. 9-92 § 2 (part). Formerly 7.74.180; Ord. 7-24 § 2 (Exh. A))

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.

(Ord. 9-92 § 2 (part). Formerly 7.74.190; Ord. 7-24 § 2 (Exh. 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. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction;

B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

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

(Ord. 9-92 § 2 (part). Formerly 7.74.200; Ord. 7-24 § 2 (Exh. A))

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement official has the authority to utilize the applicable administrative remedies set forth in Dublin Municipal Code, Chapter 1.06, Administrative Citations, in addition to any or all of the following that apply:

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement, (2) comply with a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice to Clean and Abate. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants or wastes entering the MS4 or a non-stormwater discharge to the MS4, the official may give notice to the responsible person and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

C. Verbal Warning or Written Warning. When an authorized enforcement official finds that a discharger has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other stormwater standards or requirement, the authorized enforcement official may serve upon that discharger a verbal or written warning notice or notice of violation. The notice includes required corrective actions to occur within a reasonably short and expedient time frame commensurate with the threat to water quality.

D. Stop Work Order. Whenever an authorized enforcement official finds that a discharger has performed work contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed.

E. Withholding Plan Approvals or Permits. Whenever an authorized enforcement official finds that a discharger has performed work contrary to the provisions of this section the city may withhold the issuance of approvals or permits for ongoing or continued work at the property. Such actions by the city may include, but are not limited to, withholding final certificate of occupancy or acceptance of improvements until the violation has been corrected.

(Ord. 9-92 § 2 (part). Formerly 7.74.210; Ord. 7-24 § 2 (Exh. A))

A. Authorized enforcement officials may issue a citation for an infraction and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.

B. Police officers, but not authorized enforcement officials, shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code, or as the same may be hereinafter amended.

(Ord. 9-92 § 2 (part). Formerly 7.74.220; Ord. 7-24 § 2 (Exh. A))

Remedies under this article 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. 9-92 § 2 (part). Formerly 7.74.230; Ord. 7-24 § 2 (Exh. A))