Grand Terrace Municipal Code Art. VI Enforcement Remedies

Whenever the Director of Building & Safety/Public Works finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this Chapter, any NPDES stormwater permit or the basin plan, the City may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The notice of correction shall stipulate a time period by which the problem must be corrected and the penalties for non-compliance.

(Ord. No. 262, § 2, 4-10-2012)

When the Director of Building & Safety/Public Works finds that any discharger has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this Chapter, any NPDES stormwater permit, the City may serve upon such person a written notice of violation stating the nature of the violation and the penalties for non-compliance. At a minimum, the notice of violation shall require that the discharger submit to the Director of Building & Safety/Public Works, within a time period specified in the notice, which shall not be less than ten working days unless an emergency situation dictated a shorter period, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger 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 discharger. Pursuant to Sections 36900(b) and 53069.4 of the California Government Code, the following violation assessments will apply to the issuance of a notice of violation by the Director of Building & Safety/Public Works:

A. A first notice of violation shall be issued for a first violation of this Chapter and shall be punishable by a fine not exceeding $100.00.

B. A second notice of violation shall be issued for a second violation of this same ordinance within one year and shall be punishable by a fine not exceeding $200.00.

C. A third notice of violation shall be issued for a third violation of this same ordinance within one year and shall be punishable by a fine not exceeding $500.00. Each additional violation of the same ordinance within one year shall also be punishable by a fine of $500.00.

(Ord. No. 262, § 2, 4-10-2012)

The Director of Building & Safety/Public Works may require compliance with any prohibition, limitation or requirement contained in this Chapter, any NPDES stormwater permit, by issuing an administrative order, enforceable in a court of law or by directly seeking court action. Administrative orders may include compliance orders, stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.

A. Compliance Orders. The Director of Building & Safety/Public Works may issue a compliance order to any discharger who fails to correct a violation of this Chapter, any NPDES stormwater permit. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements:

1. 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.

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

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

4. 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 Director of Building & Safety/Public Works may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his or her judgment, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the City's storm drainage system.

A compliance order shall require the discharger to pay a $1,000.00 penalty fee to the City for the issuance thereof.

B. Stop Work Order. The Director of Building & Safety/Public Works or Building Official may serve a written stop work order on any person engaged in doing or causing to be done, new construction, tenant improvements, alterations or additions, if:

1. No construction permit has been granted by the City;

2. Work has begun prior to the submittal of a written stormwater quality management plan (SWQMP) and subsequent approval by the Director of Building & Safety/Public Works; or

3. Violations of this Article are found at the site of the new construction, tenant improvements, alterations or additions.

Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the Director of Building & Safety/Public Works or Building Official. A stop work order shall require the discharger to pay a $1,000.00 penalty fee to the City for the issuance thereof.

C. Cease and Desist Order. When the Director of Building & Safety/Public Works finds that any industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this Chapter, any NPDES stormwater permit or the basin plan, or NPDES stormwater permit, the City may issue a cease and desist order directing the discharger to:

1. Immediately discontinue any illicit connection or prohibited discharge to the City's stormwater drainage system;

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

3. Immediately discontinue any other violation of this Chapter. A cease and desist order shall require the discharger to pay a $1,000.00 penalty fee to the City for the issuance thereof.

D. Termination of Service. When the Director of Building & Safety/Public Works finds any industrial and/or commercial discharger, who has a direct connection into the City's stormwater drainage system or has violated an administrative order, the Director of Building & Safety/Public Works may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the City. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be re-instituted by the Director of Building & Safety/Public Works after the discharger has complied with all the provisions of the administrative order. The discharger shall also be liable for all costs for re-instituting storm drain service.

E. Immediate Termination of Service. The Director of Building & Safety/Public Works may immediately suspend storm drain service and any non-stormwater discharge permit when such suspension is necessary, in the opinion of the Director of Building & Safety/Public Works, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage system of the City. Any industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the City's stormwater drainage system.

In the event of failure to comply voluntarily with a termination of service order, the Director of Building & Safety/Public Works shall take appropriate steps, including immediate severance of all applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the City in terminating storm drain service. Storm drain service shall be re-instituted by the Director of Building & Safety/Public Works after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial and/or commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence, shall be submitted to the Director of Building & Safety/Public Works within ten working days of the date of storm drain service termination.

(Ord. No. 262, § 2, 4-10-2012)

A. Any discharger may request, or the Director of Building & Safety/Public Works may order, an administrative hearing, at which time, a discharger who causes or allows, or who has caused or allowed, an unauthorized discharge to enter into the City's stormwater drainage system or who continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not be taken against him. The City Manager, or the City Manager's designee, shall preside over the administrative hearing, at which time each party, including the discharger and the Director of Building & Safety/Public Works, shall have the right to present evidence.

B. A notice of hearing shall be served on the discharger specifying the time and place of the hearing and referencing the specific violation and/or violations of this Chapter, the reasons why the action is to be taken and the proposed enforcement action, directing the discharger 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 working days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger.

(Ord. No. 262, § 2, 4-10-2012)

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, non-routine inspection or sampling of the system, system blockages or other damage or interference in the City's stormwater drainage system, 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 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. 262, § 2, 4-10-2012)

Any decision of the Director of Building & Safety/Public Works may be appealed. An appeal must be initiated within ten working days after receipt of the notice of any decision or action by filing, with the Director of Building & Safety/Public Works, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than 15 working days after receipt of the letter of appeal. The appellant shall be given at least five working days notice of the time and place of the hearing. The City Manager, or the City Manager's designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of Director of Building & Safety/Public Works should not be upheld. Within 45 working days of the hearing, the City Manager, or the City Manager's designee, shall make a written decision regarding the appeal. The decision of the City Manager, or the City Manager's designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the Director of Building & Safety/Public Works determines that such a stay would threaten the public safety, health or welfare.

(Ord. No. 262, § 2, 4-10-2012)

A. In addition to the penalties established by this Chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the Director of Building & Safety/Public Works, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City.

B. The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.

(Ord. No. 262, § 2, 4-10-2012)

A. The City may commence an action for appropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of this Chapter; Federal, State, or regional discharge standards; permit conditions; or the requirements of any administrative order.

B. In addition to the penalties provided in this Chapter, the City may recover all reasonable attorneys' fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this Chapter or the orders, rules, regulations and permits issued or enforced thereunder, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(Ord. No. 262, § 2, 4-10-2012)

A. Persons who continue to violate any provision of this Chapter shall be liable to the City for a maximum civil penalty of $25,000.00 but not less than $3,000.00 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.

C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. 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. 262, § 2, 4-10-2012)

A. Any person who willfully or negligently violates any provision of this Chapter or permit conditions, or who violates any administrative order or any other provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than $3,000.00 and/or by imprisonment for a period of not more than six months. 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 is committed, continued or permitted by such discharger, and shall be punishable therefore as provided by this Section.

B. Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, stormwater permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine of not less than $3,000.00 per day of violation or by imprisonment or by both.

(Ord. No. 262, § 2, 4-10-2012)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the City, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this Chapter, shall have violated this Chapter and shall be guilty of a misdemeanor.

(Ord. No. 262, § 2, 4-10-2012)