Division 3 — ENFORCEMENT

(a)

The public works director may inspect the premises of any person, business, discharger, or entity subject to the provisions of this article. The public works director may:

(1)

Conduct industrial and commercial inspections, sample waters and discharges, monitor construction activity, and other activities to determine compliance with the provisions of this article.

(2)

Review records, reports, test results, or other information required to determine compliance with the provisions of this article and permits.

(3)

Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations.

(4)

Inspect the premises of any person, business, discharger, or entity for which a WQMP has been prepared to determine whether the BMPs associated with the project WQMP are being installed, implemented, maintained, and continue to function as designed. Owner(s) shall maintain on-site, at all times, the necessary tools and personnel to access each BMP.

(5)

Take any other action necessary to determine compliance with the provisions of this article.

(b)

Inspections may be conducted as routine inspections, re-inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspection fees may be assessed for routine inspections and re-inspections. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.

(c)

All dischargers shall allow the public works director ready access at all reasonable times to all parts of their premises for the purpose of making inspections, sampling discharges, examining and copying of records, taking of photographs and video, and carrying out their duties as set forth in this article. Where a discharger has security measures in force which would require proper identification and clearance before entry into the discharger's premises, the discharger shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the public works director will be permitted to enter, without delay, for the purpose of performing inspection and sampling. No person shall obstruct, hamper, or interfere with the public works director while carrying out his or her official duties. Unreasonable delays in allowing the public works director access to the discharger's premises shall be a violation of this article.

(d)

If the public works director has reasonable cause to believe that nonstormwater discharge conditions on or emanating from certain premises are hazardous, unsafe, or dangerous and require immediate inspection to safeguard the public health or safety, the public works director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied and whether or not formal permission to inspect has been obtained.

(e)

The public works director shall exercise their rights under this article in a manner consistent with the applicable law, and no inspections or other actions are authorized under this section if such action would violate the rights of the person which is the subject of the action.

(f)

Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations.

(g)

If the public works director has reasonable cause to believe that an illicit discharge nonstormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the public works director shall have the right to immediately enter, inspect, and repair said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. In the case that the city performs emergency repairs, the city may issue an invoice for costs. An invoice for costs is immediately due and payable to the city for the actual costs incurred by the city. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with section 23-20, then the enforcing attorney may institute collection proceedings.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

The city may take any enforcement action or combination of enforcement actions provided in this article against any person who violates or threatens to violate any provision of this chapter. The remedies in this article are cumulative to any remedies provided in this Code or available under any applicable law and not exclusive.

(b)

Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), operates, or maintains or who fails to erect, construct, reconstruct, alter, repair, operate, or maintain any structure, facility, improvement, BMP, practice, or condition in violation of this chapter; as well as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of this chapter, responsible persons/entities shall include but not be limited to:

(1)

Any person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists.

(2)

The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater BMPs pursuant to a private agreement or public document, or any person who has control over, or responsibility for, the use, development, or redevelopment of the property.

(3)

Any owner, person, tenant or occupant of land on which the violation occurs, and who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists, regardless if the owner, person, tenant or occupant possessed knowledge of provision of this chapter, permit requirement, or approved WQMP, its implementation or maintenance requirements.

(c)

Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this chapter is unlawful and shall constitute a violation of this chapter.

(d)

Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.

(e)

Recovery of costs. If any discharger fails to comply with any provision of this chapter, meet the requirements of any permit or WQMP and additional inspections are, therefore, required, such dischargers shall be liable for the cost of additional inspection and any improvements, repairs, modifications, or maintenance necessary. These costs may be recovered through additional inspection fees to cover permit inspection and administration expenses.

(f)

In addition to any other remedies provided by this Code or available to the city under applicable law, the city may enforce violations of this chapter through the administrative, civil or criminal procedures described herein.

(g)

In any action to enforce this chapter, the burden is on the person who is the subject of such action to establish that a discharge was within the scope of a nonprohibited discharge.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

The public works director in accordance with the provisions of article XI of chapter 2 of this Code is authorized to enforce violations of this chapter through the means set forth in article I of chapter 23 of this Code.

(b)

NOC. Whenever the public works director finds that any person threatens to violate or has already violated any prohibition, limitation, or requirement contained in this chapter, any sewer, any NPDES permit, city permit, or the basin plan, the city may serve upon such person a written notice of correction stating the nature of the violation, the penalties for continued noncompliance, and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected. Issuance of an NOC may require a compliance monitoring fee that is subject to an inspection fees adopted by resolution that is subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees. Issuance of a NOC shall not be a bar against, or a prerequisite for, taking any other action against the person. Nothing in this section shall limit the authority of the public works director to take any action, including emergency actions or any other enforcement action.

(c)

NOV.

(1)

When the public works director finds that any person has failed to comply with a NOC or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES permit, city permit, or the basin plan, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person submit to the public works director within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. The time period for submittal shall not exceed more than 30 days. Nothing in this section shall limit the authority of the public works director to take any action, including emergency actions or any other enforcement action.

(2)

A person shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the person.

(3)

Pursuant to Government Code §§ 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by public works director:

a.

A first notice of violation may be issued for a first violation of this chapter and may be punishable by a fine of $100.00.

b.

A second notice of violation shall be issued for a second violation of this chapter within one year and shall be punishable by a fine of $200.00.

c.

A third notice of violation shall be issued for a third violation of this chapter within one year and shall be punishable by a fine of up to $500.00.

d.

Notwithstanding subparagraphs a. through c., a violation that causes or threatens to cause harm to persons or the environment may be issued a fine for the first and any following violation of $500.00 per violation per day.

(d)

Administrative compliance meeting. The public works director may require a IGP discharger to attend a noncompliance meeting with city staff which is intended to assist the discharger with correcting the IGP discharger's noncompliance. If a noncompliance meeting is required, the city may charge the discharger a fee.

(e)

Administrative orders.

(1)

Stop work order. The public works director or city engineer may issue an order identifying the provision(s) of this chapter or applicable permit or order that has been violated and directing any or all work or activities causing or contributing to the noted violation to immediately stop. A person ordered to stop any work or activity in accordance with this section must not restart the work or activity until the city has verified that corrective actions have been implemented and authorizes work or activities to resume. A stop work order shall require the discharger to pay a $1,000.00 penalty fee to the city for the issuance thereof.

(2)

Administrative compliance order. The public works director may issue an administrative compliance order to any discharger who fails to correct a violation of this chapter, any NPDES permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The administrative compliance order may include the following terms and requirements:

a.

Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge;

b.

Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater;

c.

Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains;

d.

Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.

The public works director may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgement, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city's storm drainage system. An administrative compliance order shall require the discharger to pay a $1,000.00 penalty fee to the city for the issuance thereof.

(3)

Cease and desist order. The public works director may issue a cease and desist order to direct the owner or occupant of any property and/or any other person responsible for a violation of this chapter to:

a.

Immediately discontinue any illicit connection or prohibited discharge to the MS4;

b.

Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;

c.

Immediately discontinue any other violation of this chapter;

d.

Immediately clean up all areas affected by the violation; and/or

e.

Cease and desist with any or all continued work on a project (i.e., a stop work order) until such time as appropriate BMPs are implemented, the prohibited discharge is eliminated, or other appropriate actions are taken to ensure compliance with this chapter.

No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction. A cease and desist order shall require the discharger to pay a $1,000.00 penalty fee to the city for the issuance thereof.

(f)

Permit revocation or denial. The public works director may suspend, revoke, or deny a permit, license, or other approval for a development project or deny future permits on the project in accordance with the hearing procedures set forth in section 23-559.

(g)

Invoice for costs. The public works director may deliver to the owner or occupant of any property, any permittee and/or any other person who becomes subject to an administrative order, an invoice for costs. An invoice for costs is immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order, including any costs incurred by the city to prevent, contain and/or clean up any potential or actual discharges to the MS4. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with section 23-20, then the enforcing attorney may institute collection proceedings.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

Inspection fees. Industrial users and construction dischargers shall pay the applicable annual inspection fees and if necessary, the noncompliance re- inspection fees. The inspection fees shall be adopted by resolution and may be subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.

(b)

Business license inspection fees. Business license inspection fees shall be collected on an annual basis for those businesses requiring regular compliance inspections. Affected businesses shall include industrial businesses subject to the IGP and other industrial and commercial sites/sources that the city determines may contribute a significant pollutant load to the MS4. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the city's updated and modified schedule of service fees, inspection fees and processing fees.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment; discharges pollutants into the city's storm drainage system which causes or has the potential to cause increased maintenance of the system, nonroutine inspection or sampling of the system, system blockages or other damage or interference to the MS4; or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city, as applicable, for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the city manager based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within 30 calendar days of invoicing.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

Any violation of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the public works director or city attorney may commence an action or actions for the abatement thereof, in accordance with the procedures described in chapter 18 of this Code.

(b)

Notwithstanding anything in this chapter to the contrary, the city may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of a pollutant on or into any public property, including all publicly owned portions of the MS4.

(c)

The cost of such abatement shall be borne by the owner of the property where the public nuisance occurs. The costs thereof may become a lien upon and against the property, if the costs are not paid and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner, the property may be sold in satisfaction thereof in a like manner provided by law.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Unless otherwise specifically provided, all notices required under this chapter shall be given in writing and served by messenger or by first class, certified or registered mail. Notice shall be deemed received as follows, depending upon the method of transmittal:

(1)

By messenger, as of the date delivered; or

(2)

By United States mail, first class, certified or registered, as of 72 hours after deposit in the United States mail, or

(3)

By electronic mail (e-mail), as of the date delivered.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

In addition to any other remedies provided by this Code or available to the city under applicable law, the city, through its city attorney, may enforce violations of this chapter by filing a complaint in a superior court seeking any applicable civil remedies, including, without limitation, declaratory or injunctive relief.

In any such action commenced by the city attorney, the city shall be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees and expert expenses.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action. The city may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within 30 days from the date that it has been assessed.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

Any person violating any of the provisions of this chapter or failing to comply with any mandatory requirement from the city shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offence for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)

(a)

Any person who violates any provision of this chapter, or any permit or order issued hereunder, or any person subject to an order, waiver, permit condition, permit modification, disapproval of a permit application, or any other decision made by the public works director, may request—or the public works director may order—an administrative hearing. An administrative hearing officer not directly involved in the enforcement of this chapter shall preside over the hearing, at which each party shall have the right to present evidence.

(1)

The person requesting an administrative hearing may request a stay of the challenged decision or action during the pendency of the administrative hearing. The public works director may grant such a request if the public finds that granting the stay does not threaten public health or safety, including damage to the sewer or stormwater systems.

(2)

Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during pendency of the administrative hearing, unless the public works director or administrative hearing officer determines that such a stay would threaten public health or safety.

(b)

The city shall serve written notice on the person subject to the hearing. The notice shall specify the time and place of the hearing, the challenged action or violation, and the proposed enforcement action, if any. For administrative hearings regarding proposed enforcement actions under this chapter, the notice shall direct the person subject to the enforcement action to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days and no more than 60 days before the hearing. Service may be made on any agent or officer of the person.

(c)

Such a hearing shall not be a bar to, or a prerequisite for, taking any other authorized action against the person.

(d)

Administrative hearing decisions issued pursuant to this chapter may be appealed to the city manager. The city manager may amend, modify, confirm, or reject any such decision, provided that the purpose and intent of this chapter are not violated. The city manager's determination shall constitute the final administrative decision of the city.

(1)

The person requesting an appeal may request a stay of the administrative hearing decision during the pendency of the appeal. The city manager may grant such a request if the city manager finds that granting the stay does not threaten public health or safety, including potential damage to the sewer or stormwater systems.

(2)

Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during the appeal period, unless the public works director, administrative hearing officer, or city manager determines that such a stay would threaten public health or safety.

(Ord. No. 1980, § 3(Exh. A), 1-13-26)