Grand Terrace Municipal Code Art. IV Enforcement

Whenever any person violates any provision of this chapter, a wastewater discharge permit or administrative order issued hereunder, the violation constitutes a violation of this chapter and is immediately actionable. The director may take any, all or any combination of these actions against a noncompliant user. The director may immediately proceed with any one or more of the enforcement remedies set forth in this chapter.

(Ord. 179 § 1(part), 1998)

Whenever the director finds that any user has violated any discharge limit or requirement contained in this chapter or a wastewater discharge permit, the director may serve upon such user a written notice stating the nature of the violation and the penalties for continued noncompliance. Within a prescribed period specified in the notice, the user shall submit to the director a specific compliance plan pursuant to Section 13.12.330E.

(Ord. 179 § 1(part), 1998)

The director may issue a compliance time schedule submitted by a user, or may issue a revised compliance time schedule if, in the judgment of the director, the user's proposed compliance time schedule is insufficient to achieve timely compliance with this chapter. The director will notify the user of the compliance time schedule established by the director in a timely manner.

(Ord. 179 § 1(part), 1998)

A. The director may direct compliance with any prohibition, discharge limit, or requirement of this chapter or the provisions of a wastewater discharge permit by issuing one or more of the following administrative orders:

1. Compliance order;

2. Cease and desist order;

3. Termination of service order;

4. Immediate termination of service order.

B. Any user served with an administrative order shall be subject to noncompliance fees which may be established by city ordinance or resolution, as appropriate. The city may also bring a court action to enforce any administrative order issued pursuant to this chapter.

(Ord. 179 § 1(part), 1998)

A. When the director finds that a user has violated or threatens to violate any prohibition, discharge limit or requirement of this chapter or the provisions of a wastewater discharge permit, the director may issue a compliance order and direct the user to:

1. Comply immediately; or

2. Comply in accordance with a specific compliance time schedule.

B. A compliance order may establish a noncompliance monitoring program, or modify an existing noncompliance monitoring program. A compliance order may also include, but is not limited to, modifications in the frequency and extent of monitoring, sampling and analysis, submission of self-monitoring reports and directives to institute management practices designed to minimize the amount of pollutants discharged to the sewerage system.

(Ord. 179 § 1(part), 1998)

A. When the director finds that a user has violated or threatens to violate any prohibition, discharge limit, provision of this chapter, wastewater discharge permit, or administrative order, the director may issue a cease and desist order and direct the user to:

1. Comply immediately; or

2. Take appropriate remedial or preventative action, including, if necessary, halting operations or terminating the discharge, in order to prevent the recurrence of a violation or a threatened violation.

B. A cease and desist order may establish a noncompliance monitoring program or modify an existing noncompliance monitoring program. A cease and desist order may also include, but is not limited to, modifications in the frequency and extent of monitoring, sampling and analysis, and submission of self-monitoring reports.

(Ord. 179 § 1(part), 1998)

A. Sampling Procedures.

1. Sampling of all users shall be conducted in the time, place, manner and frequency determined at the sole discretion of the city.

2. Noncompliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this chapter may be determined by an analysis of a grab or composite sample of the effluent of a user. Noncompliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the sewerage system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogenous and representative of the discharge.

3. Any sample taken from a sample point shall be deemed to be representative of the discharge to the POTW.

B. Wastehauler Noncompliance With Discharge Limits.

1. A wastehauler's noncompliance with discharge limits shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the wastehauler's wastewater discharge permit or this chapter. If the discharge of a wastehauler is found by the analysis to be in excess of the concentration limits specified in the wastehauler's wastewater discharge permit or in this chapter, the wastehauler shall, upon receiving a demand from the city, identify in writing all sources of the discharge.

2. Even if it is established to the satisfaction of the director that the origin of the discharge is septic waste or sanitary waste, the city may still elect not to accept waste from that particular source.

(Ord. 179 § 1(part), 1998)

A. Repeat Sampling. If any sample analysis indicates that the user is discharging wastewater with pollutant concentrations or levels exceeding discharge limits contained in this chapter or contained in user's permit, then the user shall collect and analyze a follow-up sample or samples (as directed by the director using approved analytical methods). The user shall submit the completed follow-up sample analysis to the city within thirty days of notification by the city.

B. Initiation of Noncompliance Monitoring Program. If the follow-up sample indicates continued noncompliance, the user may be ordered by the director to immediately initiate a noncompliance monitoring program requiring additional sampling and reporting by the user in accordance with a schedule issued by the director. During the program, the user may be subject to noncompliance fees established by city ordinance or resolution, as appropriate.

C. Termination of Noncompliance Monitoring Program. The noncompliance monitoring program may be terminated by the city upon the user's demonstration of a return to consistent compliance. To demonstrate consistent compliance, the user must either:

1. Terminate the discharge; or

2. Provide analyses (which have been analyzed using approved analytical methods), which show discharge levels in consistent compliance over a period of not less than thirty days or as specified in the program.

D. Noncompliance Fees. The payment of noncompliance fees by users shall not bar the city from undertaking any other enforcement, civil or criminal proceedings. The purpose of noncompliance fees is to compensate the city for costs of additional sampling, monitoring, laboratory analysis, treatment, disposal and administrative processing incurred as a result of noncompliance.

(Ord. 179 § 1(part), 1998)

A. Grounds. The director may suspend or revoke any permit when it is determined that a permittee:

1. Knowingly provides a false statement, representation, record, report or other document to the city;

2. Refuses to provide records, reports, plans or other documents required by the city to determine permit terms, conditions or limits, discharge compliance, or compliance with this chapter;

3. Falsifies, tampers with or knowingly renders inaccurate any monitoring device or sample collection method;

4. Fails to report significant changes in operations or wastewater constituents and characteristics;

5. Fails to comply with the terms and conditions of an administrative order issued pursuant to this chapter;

6. Discharges effluent to the POTW while its permit is suspended;

7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring;

8. Does not make timely payment of all amounts owed to the city for fees imposed pursuant to this chapter;

9. Causes interference with the city's collection, treatment or disposal system;

10. Fails to submit oral notice or written report of bypass occurrence;

11. Violates any condition or limit of its discharge permit or any provision of this chapter.

B. Notice—Hearing. When the director has reason to believe that grounds exist for the suspension or revocation of a permit, he shall give written notice by personal service or certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the director's designee. The hearing date shall not be less than fifteen calendar days nor more than forty-five calendar days after the mailing of such notice.

1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The suspension or revocation hearing shall be conducted in accordance with the procedures established by the director and approved by counsel for the city.

2. a.

After the conclusion of the hearing, the director's designee shall submit a written report to the director setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions and a recommendation.

b. Upon receipt of the written report, the director shall make his determination and should he find that grounds exist for suspension or permanent revocation of the permit, he shall issue his decision and order in writing within thirty calendar days after the conclusion of the hearing by his designee. The written decision and order of the director shall be served personally or by certified mail on the permittee or its legal counsel/representative.

c. In the event the director determines not to revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate to further the purposes of this chapter.

C. Effect.

1. Upon an order of suspension or revocation by the director becoming final, the permittee shall lose all rights to discharge any nondomestic wastewater directly or indirectly to the POTW in accordance with the order. All costs for physical termination shall be paid by the permittee.

2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension or revocation.

3. Any future application for a permit at any location within the POTW's service area by any person subject to an order of revocation will be considered by the city after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit.

4. An order of permit suspension or revocation issued by the director shall be final in all respects on the thirty-first day after it is served personally or by certified mail on the permittee unless a notice of appeal is filed with the city pursuant to Section 13.12.427 no later than five p.m. on the thirtieth day following such mailing.

(Ord. 179 § 1(part), 1998)

A. When the director finds that any user has done any of the following acts, the director may terminate sewer service to that user upon serving appropriate notice to the user:

1. Violate a cease and desist order;

2. Fail to accurately report the wastewater constituents and characteristics of its discharge;

3. Fail to report significant changes in operations, or wastewater volume, constituents and characteristics prior to discharge;

4. Refuse to allow reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;

5. Violate any pretreatment standard.

B. The procedures set forth in Section 13.12.408B shall apply to termination of service proceedings. The user shall be liable for all costs for termination of sewer service incurred by the user and the city. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment, or for any other reason.

C. Sewer service may be reinstituted if the director is satisfied that the user has remedied all aspects of noncompliance with this chapter and that the user has the capability to and will remain in compliance in the future. The user shall be liable for all costs for reinstitution of sewer service.

(Ord. 179 § 1(part), 1998)

A. The director may suspend sewerage service or wastehauler discharge service, after informal notice to the user, when the director determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, may cause pass-through or interference with the POTW, or may cause the city to violate any state or federal law or regulation. Any user notified of and subject to an emergency suspension order shall immediately cease the discharge of all nondomestic wastewater to the sewerage system. In the event that a user fails to immediately comply with an emergency suspension order, the director shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent the continued discharge of nondomestic wastewater to the POTW. The user shall be liable for all costs incurred by the city in terminating sewer service.

B. As soon as reasonably practicable following the issuance of an emergency suspension order and informal notice to the user of the time and location for a hearing, but in no event more than five days following the issuance of such order, the director shall hold a hearing to provide the user the opportunity to present information in opposition to the issuance of the emergency suspension order. Such a hearing shall not stay the effect of the emergency suspension order. The hearing shall be conducted in accordance with procedures established by the director and approved by counsel for the city. The director shall issue a written decision and order within two business days following the hearing, which decision shall be served personally or by certified mail on the user or the user's legal counsel. The decision of the director following the hearing shall be final and not appealable.

C. Upon a demonstration by the user to the satisfaction of the director that the period of endangerment has passed and will not recur, the director may allow the user to recommence its discharge to the POTW, unless the director proceeds with permit revocation or termination of service pursuant to Sections 13.12.408 or 13.12.140.

(Ord. 179 § 1(part), 1998)

Discharge of wastewater in any manner in violation of this chapter or of any administrative order issued pursuant to this chapter, is declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance is guilty of a misdemeanor.

(Ord. 179 § 1(part), 1998)

Any person who violates any provision of this chapter, is guilty of a misdemeanor, which is punishable by a fine not to exceed one thousand dollars or by imprisonment for a period of not more than six months, or both. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter has been committed or continued.

(Ord. 179 § 1(part), 1998)

If the director has been refused access to a building or property, or any part thereof, or determines that a search or inspection warrant is appropriate to conduct an investigation in furtherance of the purposes of this chapter, the director may apply to a court of competent jurisdiction for the issuance of a search or inspection warrant.

(Ord. 179 § 1(part), 1998)

A. If any person, firm or corporation violates or has the reasonable potential to violate any provision of its wastewater discharge permit, this chapter, federal or state pretreatment standards or requirements, or any administrative order issued pursuant to this chapter, the city attorney may petition a court of competent jurisdiction for appropriate legal, equitable or injunctive relief including, but not limited to, issuance of a temporary restraining order, preliminary injunction, permanent injunction, and/or any other relief that may be appropriate to restrain the continued violation or prevent threatened violations by the user.

B. In addition to the penalties provided herein, the director may recover reasonable attorney fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit of law against the person found to have violated any of the provisions of this chapter or the orders, rules, regulations and permits issued thereunder.

(Ord. 179 § 1(part), 1998)

A. Authority. All users of the POTW are subject to enforcement actions administratively or judicially by the district, EPA, Regional Board, and/or the county of San Bernardino district attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health and Safety Code Section 25100 et seq.); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.); and (5) California Government Code, Sections 54739 et seq.

B. Recovery of Fines or Penalties. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be established by the city as caused by the discharge of any user of the POTW which is in violation of any provision of this chapter, the user's permit, or an administrative order issued pursuant to this chapter, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of such fines or penalties to which it has been subjected.

C. Ordinance. Pursuant to the authority of California Government Code Sections 54739—54740, any person who violates any provision of this chapter; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Counsel for the city, upon order of the director, shall petition a court of competent jurisdiction to impose, assess and recover such penalties, or such other penalties as the city may impose, assess and recover pursuant to federal and/or state legislative authorization.

D. Administrative Civil Penalties.

1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:

a. Any provision of this chapter;

b. Any permit condition, prohibition or effluent limit; or

c. Any suspension or revocation order.

2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty days following service. The administrative complaint shall allege the act or failure to act that constitutes the violation of the city's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the director or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted.

3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the director and approved by the counsel for the city.

4. After the conclusion of the hearing, the director's designee shall submit a written report to the director setting forth a statement of the facts found to be true, a determination of the issues presented, conclusions and a recommendation.

5. Upon receipt of the written report, the director shall make his determination and should he find that grounds exist for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty calendar days after the conclusion of the hearing by his designee.

6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the director or city council may assess a civil penalty against that person. In determining the amount of the civil penalty, the director or city council may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved.

7. Civil penalties may be assessed as follows:

a. In an amount which shall not exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports;

b. In an amount which shall not exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedules established by the city;

c. In an amount which shall not exceed five thousand dollars per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued or adopted by the city;

d. In any amount which does not exceed ten dollars per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city.

8. An order assessing administrative civil penalties issued by the city shall be final in all respects on the thirty-first day after it is served on the person unless a notice of appeal is filed with the city council pursuant to Section 13.12.427 no later than the thirtieth day following such mailing. An order assessing administrative civil penalties issued by the city council shall be final upon issuance.

9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order.

10. Any person aggrieved by a final order issued by the city council, after granting review of the order of the director, may obtain review of the order of the city council in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty days following the service of a copy of the decision or order issued by the city council.

11. Payment of any order setting administrative civil penalties shall be made within thirty days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The city may record the lien for any unpaid administrative civil penalties on the ninety-first day following the date the order becomes final.

12. No administrative civil penalties shall be recoverable under subsection D of this section for any violation for which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740.

(Ord. 179 § 1(part), 1998)

A. General.

1. Any user, permit applicant or permittee adversely affected by a decision, action or determination made by the director may file a written notice of appeal requesting a hearing before the city council, which notice shall be accompanied by an appeal fee in the amount established by a separate resolution of the city council. The notice of appeal shall be filed within thirty days of the service on the appellant of notice of the decision, action or determination of the director. The notice of appeal shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting the appellant's request.

2. No later than sixty days after receipt of the request for hearing, the city council shall either set the matter for a hearing, or deny the request for a hearing in accordance with subsection B of this section.

3. Upon receipt of a timely notice of appeal, a hearing shall be held by the city council within sixty-five days, unless a later date is agreed to by the appellant and the city council. If the matter is not heard within the required time, due to actions or inactions of the appellant, the director's order shall be deemed final.

4. As the ordinance codified in this chapter constitutes a legislative enactment, except as expressly authorized under this chapter, there are no provisions for waiver or variance from the terms of this chapter.

B. Granting Request for Hearing. The city council shall grant all requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the director shall be within the sole discretion of the city council.

C. Appeal Fee Refund. The appeal fee shall be refunded if the city council denies a hearing or reverses or modifies, in favor of the appellant, the order of the director. The fee shall not be refunded if the city council denies the appeal.

D. Written Determination.

1. After the hearing, the city council shall make a determination whether to uphold, modify or reverse the decision, action or determination made by the director.

2. The decision of the city council shall be set forth in writing within sixty-five days after the close of the hearing and shall contain findings of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the city council shall be served personally or by certified mail on the appellant or its legal counsel/representative.

3. The order of the city council shall be final upon its adoption. In the event the city council fails to reverse or modify the director's order, it shall be deemed affirmed.

(Ord. 179 § 1(part), 1998)

A. Compliance Deposit. Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the city an amount determined by the director as necessary to guarantee payment to the city of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer.

B. Delinquent Accounts. The city may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the city or otherwise incurred by permittee.

C. Bankruptcy. Every permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered protection from its creditors, shall, within ten days of filing such action, apply for and obtain the issuance of an amendment to its permit.

D. Permit Amendments. The city shall review and examine permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter. The city may thereafter issue an amendment to the user's permit in accordance with the provisions of this chapter.

E. Security. An amendment to a wastewater discharge permit issued pursuant to subsections B, C and/or D of this section, may be conditioned upon the permittee depositing financial security in an amount equal to the average total fees and charges for two calendar quarters during the preceding year. The deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by the city and shall not be used by the city to recover outstanding fees and charges incurred prior to the permittee filing and receiving protection from creditors in the United States Bankruptcy Court.

F. Return of Security. In the event the permittee makes payment in full within the time prescribed by this chapter of all fees and charges incurred over a period of two years following issuance of an amendment to the permit pursuant to subsections B, C and/or D of this section, the city shall either return the security deposit posted by the permittee or credit his account.

(Ord. 179 § 1(part), 1998)

The director shall prepare, implement, and, if necessary, periodically update an enforcement response plan in conformance with EPA guidance contained in 40 CFR 403.8(f)(5).

(Ord. 179 § 1(part), 1998)

The director may serve a written notice of discharge prohibition on any person(s) engaged in any activity or activities which, while not resulting in a discharge of nondomestic wastewater to the POTW at the time, may, in the director's judgment, result in a discharge of nondomestic wastewater at some time in the future. A notice of discharge prohibition shall include at least the following:

A. A list of general discharge restrictions and prohibitions;

B. A list or citation of any categorical standards that would be applicable upon commencement of nondomestic wastewater discharge;

C. A requirement to apply for and obtain a wastewater discharge permit prior to commencing discharge of nondomestic wastewater to the POTW;

D. A requirement for notification of slug or accidental discharges; and

E. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements. A notice of discharge prohibition may also contain one or more of the following:

1. A requirement to prepare and submit a slug discharge control plan,

2. A requirement to install and maintain one or more spill containment systems,

3. A requirement for maintaining and retaining plant records relating to wastes removed from the facility,

4. A requirement to submit an annual written statement to the director certifying that no nondomestic wastewater has been discharged to the POTW during the previous year other than discharges of which the director was properly notified, and that no nondomestic wastewater will be discharged during the forthcoming year without proper notification and/or obtaining a wastewater discharge permit.

(Ord. 179 § 1(part), 1998)

Any person whose discharge results in a pass-through or interference event affecting the POTW shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The user shall submit to the city plans to prevent future recurrences to the satisfaction of the director.

(Ord. 179 § 1(part), 1998)

Upon a determination in a permit suspension, permit revocation, or civil penalty proceeding that a user has discharged in violation of its permit or any provision under this chapter, the city may require that the user notify the public and/or other users of the POTW of such violation, of actions taken to correct such violation, and of any administrative or judicial orders or penalties imposed as a result of such violation.

(Ord. 179 § 1(part), 1998)

In the event a permittee fails to comply with any of the terms and conditions of this chapter, an administrative order, compliance schedule or a permit issued hereunder, the city shall be entitled to reasonable attorney fees and costs which may be incurred in order to enforce any of the terms and conditions, with or without filing proceedings in court.

(Ord. 179 § 1(part), 1998)

A. Purpose and Effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city enacts this section to limit to ninety days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.

B. Definitions. As used in this section, the following terms and words shall have the following meanings:

1. "Decision" means and includes adjudicatory administrative decisions that are made after hearing, and after an award of civil penalties pursuant to Section 13.12.425D, after revoking, suspending or denying an application for a permit or a license, or after other administrative hearings taken to enforce this chapter.

2. "Complete record" means and includes the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the director, and the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its officers or agents, all written evidence, and any other papers in the case.

C. Time Limit for Judicial Review. Except as set forth in Section 13.12.470G, judicial review of any decision of the city or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is a provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected.

D. Preparation of the Record. The complete record of the proceedings shall be prepared by the city officer or agent who made the decision and shall be delivered to the petitioner within ninety days after he has filed written request therefor. The city may recover from the petitioner its actual costs for transcribing and otherwise preparing the record.

E. Extension. If the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate.

F. Notice. In making a final decision, the city shall provide notice to the person(s) subject to the administrative decision that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.

G. Administrative Civil Penalties. Notwithstanding the foregoing in this section, and pursuant to Government Code Section 54740.6, judicial review of an order of the city council imposing administrative civil penalties pursuant to Section 13.12.425D may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which the order of the city council becomes final.

(Ord. 179 § 1(part), 1998)

Wherever in this chapter time limits are established or periods of compliance or extensions thereof are specified, the commencement date for computing such periods of time limits for areas annexed to the city subsequent to enactment of the ordinance codified in this chapter shall be the official annexation date. This section shall have no application to firms or industries established in annexed areas subsequent to the annexation date.

(Ord. 179 § 1(part), 1998)