Elk Grove Municipal Code Art. V Enforcement

A. The Administrator may deliver to the owner or occupant of any premises, or to any person responsible for an illicit connection, prohibited discharge, maintenance of a threatened prohibited discharge, failure to implement BMPs in accordance with EGMC Section 15.12.200(B), or any other violation of this chapter, a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with EGMC Section 15.12.430.

B. The notice of noncompliance shall identify the provision of this chapter which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions, including the recovery of any costs incurred by the City.

C. The notice of noncompliance shall identify a compliance date that must be met; provided, however, that the compliance date may not exceed ninety (90) days unless the Administrator extends the compliance deadline an additional period not exceeding ninety (90) days when good cause exists for the extension.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The Administrator may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with EGMC Section 15.12.430. The administrative compliance order may be issued to any of the following:

1. The owner or occupant of any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this chapter.

2. A person who fails to implement BMPs in accordance with EGMC Section 15.12.200(B).

3. Any person responsible for a prohibited discharge or maintenance of a threatened prohibited discharge.

B. The administrative compliance order may include the following terms and conditions:

1. Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including, but not limited to, the threat of any prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area.

2. Specific requirements for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff.

3. Specific requirements for the installation of overhead covering.

4. Any terms or conditions reasonably calculated to prevent continued or threatened violations of this chapter.

5. Any other measures necessary or appropriate to fully implement BMPs in accordance with EGMC Section 15.12.200(B).

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The Administrator may issue a cease and desist order. A cease and desist order shall be delivered in accordance with EGMC Section 15.12.430. A cease and desist order may direct the owner or occupant of any premises, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge to the City stormwater conveyance system.

2. Immediately discontinue any other violation of this chapter.

3. Clean up the area affected by the violation.

B. The Administrator may direct by a cease and desist order that any person immediately cease any activity which may lead to a violation of receiving water limitations.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

Any notice of noncompliance, administrative compliance order, cease and desist order or other enforcement order pursuant to the requirements of this chapter shall be subject to the following requirements:

A. The notice shall state that the recipient has a right to appeal the matter as set forth in EGMC Section 15.12.440.

B. The notice shall state that the recipient or the property owner, or both, may be liable for all enforcement costs incurred by the City in correcting the violation.

C. Delivery shall be deemed complete upon either personal delivery to the recipient or deposit in the U.S. Mail, postage prepaid, for certified first class delivery.

D. Where the recipient of the notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property.

E. Where the owner or occupant of any premises cannot be located after reasonable efforts of the Administrator, the notice shall be deemed delivered after posting on the premises for a period of ten (10) business days.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Except as set forth in subsection (B) of this section, any person receiving a notice of noncompliance, a designation as a person who conducts subject activities, an administrative compliance order, or an administrative citation pursuant to EGMC Chapter 1.12, or who is otherwise subject to an adverse determination pursuant to this chapter may appeal the matter by requesting an administrative appeals hearing before an Appeals Hearing Officer pursuant to EGMC Chapter 1.11.

B. An administrative appeals hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within seven (7) business days following the issuance of the order or the action of abatement, unless the hearing or the time requirement for the hearing is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative appeals hearing shall not be required from the person subject to the cease and desist order or the emergency abatement.

C. At any administrative appeals hearing, the administrative appeals officer shall permit any interested party, including, but not limited to, the Administrator and/or the appealing party, to present evidence and argument in support of or against the imposition of the notice of noncompliance, order, designation, determination, administrative citation or abatement action.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 19-2005 § 2, eff. 6-10-2005; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Any condition in violation of the provisions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge shall constitute a threat to the public health, safety and welfare and is declared and deemed to be a public nuisance.

B. At the request of the Administrator, the City may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Administrator shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the premises where the nuisance or threatened nuisance is occurring.

C. At the request of the Administrator, the City may seek an abatement warrant or other appropriate judicial authorization to enter the premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.

D. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Administrator may enter the premises from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

1. An “imminent danger” shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where such pollutants present a significant and immediate threat to the public safety or the environment.

2. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to EGMC Section 15.12.440 shall follow the emergency abatement action.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. In addition to any other remedies provided by this chapter or any other law, the Administrator is authorized to impose administrative civil penalties in an amount established by resolution of the City Council, pursuant to EGMC Chapter 1.12, upon any person for each violation of this chapter. Each day, or a portion thereof, that a violation continues constitutes a new violation. Administrative civil penalties are subject to the appeal procedures in EGMC Chapter 1.11.

B. In addition to any other remedies provided by this chapter or any other law, the Administrator may also seek and recover reimbursement from any person whose conduct or activity results in any fine, penalty or other charges being imposed upon the City by any authorized Federal, State, or local government agency, including, but not limited to, the Central Valley Regional Water Quality Control Board, for violations of the terms of the City’s National Pollution Discharge Elimination System (“NPDES”) permit or otherwise, up to the actual amount of the fine, penalty, or charge imposed upon the City. Claims for reimbursement by the City shall be made by written request on forms approved by the Administrator. Claims for reimbursement shall be due and payable as directed by the Administrator in the written request for reimbursement, but in no event shall a claim for reimbursement be due and payable any later than thirty (30) days after presentation of the claim for reimbursement to the responsible person, unless the Administrator finds good cause to allow later payment. Claims for reimbursements by the City are subject to the appeal procedures in EGMC Chapter 1.11.

C. In reaching a decision concerning an administrative civil penalty or a claim of reimbursement in any appeal proceeding under this chapter, the Appeals Hearing Officer shall be guided by factors including, but not limited to, the following: the danger to public health, safety and welfare represented by the violation, recidivism, any economic benefit associated with noncompliance, and any economic impact to the City or the public as a result of the violation.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 19-2005 § 2, eff. 6-10-2005; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or fails to implement BMPs in accordance with EGMC Section 15.12.200(B) shall be guilty of a misdemeanor and upon conviction thereof be fined not more than One Thousand and no/100ths ($1,000) Dollars or imprisoned for not more than six (6) months in the Jail, or both.

B. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order, or failure to implement BMPs in accordance with EGMC Section 15.12.200(B) shall constitute a separate violation of this chapter punishable by fines or sentences in accordance herewith.

C. The Administrator may authorize specifically designated City employees to issue citations for misdemeanor violations of this chapter pursuant to Section 836.5 of the Penal Code.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the Administrator to seek cumulative remedies.

B. The Administrator may request the City to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to the restoration of the environment and any other costs or expenses authorized by law.

C. The Administrator may request the City to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

1. All costs incurred in the enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

2. All costs incurred in mitigating harm to the environment or reducing the threat to human health.

3. Damages for irreparable harm to the environment.

D. The City is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the City stormwater conveyance system from any violation of this chapter where such violation has caused damage, contamination or harm to the environment, public property or the City stormwater conveyance system.

E. The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

F. Each day in which a violation occurs and each separate failure to implement BMPs in accordance with EGMC Section 15.12.200(B) or to comply with either a separate provision of this chapter, an administrative compliance order, or a cease and desist order shall constitute a separate violation of this chapter punishable by administrative penalties in accordance with this chapter.

(Ord. 22-2003 § 4, eff. 6-18-2003; Ord. 26-2004 § 3, eff. 8-18-2004; Ord. 7-2009 § 3, eff. 5-1-2009)