Emeryville Municipal Code Art. 6 Enforcement

The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director, or agents of the City as he shall designate; and provided further, that designated field inspectors or other employees of the City are hereby authorized to act as agents of the City for and on behalf of the Director with the power to inspect and issue notices for violations of this chapter.

(Formerly 7-8.501; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

Users shall notify the City Department of Public Works or Police Department by telephone immediately upon accidentally discharging wastes in violation of this chapter.

This notification shall be followed, within two (2) days of the date of occurrence, by a detailed written statement describing the causes, volume and nature of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sanitary sewer system or for any fines imposed on the City on account thereof by any regulatory agencies.

(Formerly 7-8.502; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

A notice shall be furnished and permanently posted on the bulletin of each commercial and industrial user advising employees whom to contact in case of an accidental discharge in violation of this chapter.

(Formerly 7-8.503; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

When the Director finds that a discharge of waste has taken place or is likely to take place in violation of this chapter, the Director 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:

(a) Comply forthwith;

(b) Comply in accordance with a time schedule set forth by the Director; or

(c) Take appropriate remedial or preventive action.

(Formerly 7-8.504; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

When the Director finds that a discharge of waste is taking place, has been taking place or threatens to take place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards, the Director may require the user to submit for approval, with such modifications as he deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

It shall be the responsibility of the property owner to comply with all time limits set forth by the Director for any work related to this chapter that is pertinent to their property. The time limit for compliance will be established by the Director and specified in the first written communication and/or notice of violation to the property owner. Noncompliance in excess of said time limits may be deemed a separate violation of this chapter and could subject the property owner to cost recovery and administrative penalties as specified in this chapter.

(Formerly 7-8.505; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

In the event repairs, construction, or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work in private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes, or has caused a violation of any provision of this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable jointly and severally to the City for such public expenditures.

Nothing in this chapter shall prevent any reasonable person from doing such work and making such excavations as may be necessary for the preservation of life or property when such necessity arises; provided, however, that the person doing such work or excavations shall obtain a sewer lateral permit as specified in this chapter on the next working day.

(Formerly 7-8.506; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

When a discharge of wastes causes an obstruction, damage, or any other impairment to City facilities, the City, after providing the user with notice and opportunity to be heard, may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's charges and fees.

(Formerly 7-8.507; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

The Building Official and Director may enter, inspect, and test any buildings, structures, or premises to secure compliance or prevent a violation of any portion of this chapter. No premises shall be entered until a reasonable notice is given to the property owner or authorized agent except to protect life or public safety.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

The City may terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter. Before termination of service, the involved user (permittee, etc.) shall be provided notice and an opportunity to be heard unless an emergency situation exists requiring summary termination in order to protect the public health and safety. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment.

(Formerly 7-8.508; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

(a) Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the Director made or authorized pursuant to the provisions of this chapter, or relating to any permit issued pursuant to said sections, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten (10) days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting each user's or person's request for reconsideration. The Director shall render a final decision within fifteen (15) days of the receipt of such request for reconsideration.

(b) Any user, permittee, applicant, or other person aggrieved by the final determination of the Director may appeal such determination to the City Council within fifteen (15) days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal in writing. The appeal shall be heard by the City Council within forty-five (45) days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the Council may deem appropriate shall be heard at the hearing on such appeal. Upon conclusion of hearing, the Council may affirm, reverse or modify the final determination of the Director as the Council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect. The Council's determination on the appeal shall be final.

(Formerly 7-8.509; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

It shall be unlawful knowingly to make any false statement, representations, record, report, plan or other document, or knowingly to tamper with, bypass, or render inaccurate any sample monitoring device or equipment installed or operated pursuant to this chapter or of any permit issued under this chapter. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit.

(Formerly 7-8.510; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter or of any provision of any permit issued pursuant to this chapter or of any order or directive of the Director authorized by the provisions of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated, removed or enjoined and damages assessed therefor in any manner provided by law.

(Formerly 7-8.511; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sanitary sewer system. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Formerly 7-8.512; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

The City shall have the authority to recover from the property owner the City's expenses incurred in responding to, abating, or repairing any sewer overflow from a defective building sewer lateral not otherwise addressed by the property owner in a timely manner as specified in this chapter. The City may collect the incurred costs by use of all legal means, including the recordation of a lien against said property.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

The City shall have the authority to assess administrative penalties on the property for the property owner's failure to meet any requirement of this chapter, or for continued violation of any requirement of this chapter, according to the following schedule. The City may collect the incurred costs by use of all legal means, including the recordation of a lien against said property. The City shall have the authority to waive, suspend, or otherwise modify any administrative penalty established by this chapter.

(a) Five hundred dollars ($500.00) for the first violation which remains out of compliance in excess of the time limit established in the first notice of violation.

(b) One thousand dollars ($1,000.00) for the second violation occurring within three (3) years of the first violation.

(c) Two thousand five hundred dollars ($2,500.00) for each additional violation exceeding two (2) violations within three (3) years of the first violation.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

Any person who intentionally or negligently violates any provision of any permit issued pursuant to this chapter, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who so violates any cease and desist order, prohibition, effluent limitation, national standard of performance or national pretreatment or toxicity standard may also be in violation of the Porter-Cologne Act and subject to its sanctions including civil penalty.

(Formerly 7-8.513; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

Every person who violates any provisions of this chapter is guilty of a misdemeanor and punishable as provided in Health and Safety Code Section 4766.

(Formerly 7-8.514; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the City. Further, to the extent the City brings any action to enforce the provisions of this chapter, in addition to any other relief provided by law, the City shall be entitled to recover its reasonable attorneys' fees.

(Formerly 7-8.515; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, no other provision of this chapter will be affected thereby.

(Formerly 7-8.516; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 5, Ord. 82-013, eff. Nov. 25, 1982)