Article VII — Enforcement

• A. A wastewater discharge permit may be suspended or revoked upon written notice to the permittee for any violation of the terms and conditions of the permit, the provisions of this chapter, or applicable state and federal regulations, or for any of the following:

  1. Failure of the permittee to factually report the wastewater constituents and characteristics of the permittee's discharge;

  2. Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics;

  3. Failure of the permittee to correct objectionable conditions listed in a cease and desist order within the time stipulated in such order;

  4. Refusal by the permittee to permit reasonable access to the permittee's premises for the purpose of inspecting or monitoring, or verification of records; or

  5. Failure or refusal by the permittee to pay sewer service charges or other charges when due.

• B. Any permittee whose wastewater discharge permit has been suspended or revoked shall, immediately upon receipt of notice thereof, discontinue the deposit or discharge of industrial waste, sanitary sewage, or effluent into the sanitary sewer system until his permit has been reinstated or a new permit has been issued.

• C. Notice of suspension or revocation of a wastewater discharge permit shall be in writing and set forth the reasons for the suspension or revocation. Such notice shall be sent to the permittee by certified mail, return receipt requested, to the address shown on the permit or as known to the city manager.

• (Ord. 87-09 § 1, 1987)

• A. Sewer service may be refused, discontinued, or terminated to any premises upon written notice to the user and to the owner, if different, for any violation of the provisions of this chapter or applicable state and federal regulations. If any such violation creates an imminent danger to the public health or safety, or to public or private property, then the city manager may act immediately to refuse, discontinue, or terminate sewer service after notice thereof.

• B. Notice of refusal, discontinuance, or termination of sewer service shall be in writing and shall set forth the reasons for the refusal, discontinuance, or termination of service. Such notice shall be sent to the user and to the owner of the premises, if different, by certified mail, return receipt requested, to the address shown on the bill for sewer service or as known to the city manager.

• (Ord. 87-09 § 1, 1987)

In the event any user fails to pay, when due, any sewer service charge applicable to premises controlled or owned by him, the city may enforce payment of such delinquent charges in any of the following manners:

• A. The city may have the premises disconnected from the sanitary sewer system pursuant to HMC § 13.04.910. In the event such disconnection should create a public hazard or nuisance, the city manager or his designated representative may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The user of the premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting the premises, or in doing other things authorized by this section, and no reconnection shall be made until all such charges are paid.

• B. The city may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.

• C. The city may perfect the lien provided for in HMC § 13.04.780 to collect any and all delinquent payments.

• D. The city may place any and all delinquent payments on the tax roll, for collection with its general taxes, as provided in HMC § 13.04.930.

• E. The city may take such other action as may be authorized by law and by the city council. (Ord. 87-09 § 1, 1987; Ord. 96-05 § 4, 1996)

• A. Pursuant to the provisions of Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, the city elects as a procedure for the collection of delinquent sewer service charges, for property for which the owner is the user, to have all such charges for each fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes.

• B. The city manager shall prepare and file with the city clerk, on or before the fifth day of July of each year, or such other date or dates as the city council may specify by resolution, a written report containing a description of each and every parcel of real property upon which a delinquent charge is pending for receiving sewer service and the amount of the delinquent charge and penalties for each parcel computed in conformity with the provisions of this chapter.

• C. The city clerk shall cause notice of the filing of said report and of the time and place of the hearing thereon to be published, prior to the date set for the hearing, in a newspaper of general circulation printed and published within the city, if there is one, and if not, then in such paper printed and published in Stanislaus County. The publication of said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, shall be sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth, including therein the first day.

• D. Before the city may have delinquent sewer service charges collected on the tax roll for the first time, the city clerk shall cause a notice, in writing, of the filing of said report and of the time and place of the hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to the city clerk. If the city council adopts said report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided hereinabove shall be adequate.

• E. At the time stated in the notice, the city council shall hear and consider all objections or protests, if any, to said report referred to in said notice, and may continue the hearing from time to time. If the city council finds that protest is made by owners of a majority of separate parcels of property described in said report, then said report shall not be adopted and the charges shall be collected separately from the tax roll in any of the manners provided in HMC § 13.04.920. In such event the charges shall not constitute a lien against any parcel or parcels of land except as provided in HMC § 13.04.780.

• F. Upon the conclusion of the hearing, the city council may adopt, revise, change, reduce, or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report, which determination shall be final.

• G. On or before the thirty-first day of August of each year following the final determination upon each charge, the city clerk shall file with the city manager a copy of said report with a statement endorsed thereon over his or her signature that it has been finally adopted by the city council. The city manager shall thereupon cause said charges to be placed on the property tax roll and collected by the county of Stanislaus for the city, as hereinafter provided. The county's tax collector shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city they shall be added to the assessment roll of the city for the purpose of collecting such charges. If the property is not described on the roll, the county's tax collector may enter the description thereon, together with the amounts of the charges as shown in that report.

• H. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.

• I. The tax collector shall include the amount of the charges on the bills for taxes levied against the respective lots or parcels of land. Thereafter, the amount of the charges shall be collected at the same time, in the same manner, by the same persons as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

• J. All law applicable to the levy, collection, and enforcement of general taxes of the city including, but not limited to, those pertaining to matters of delinquency, correction, cancellation, refund, and redemption, are applicable to such charges except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchase for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll of collections.

• K. The tax collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection, and enforcement of such charges in an amount to be fixed by agreement between the board of supervisors of Stanislaus County and the city council.

• L. If any premises are omitted from the said report or said tax roll, either because the charge therefor shall not have yet been ascertained by the city as of the date of said report, or for any other reason, then the delinquent charge for the premises shall be collected in any of the manners provided in HMC § 13.04.920.

• M. This section shall remain in effect until July 1, 1998, unless sooner repealed. (Ord. 87-09 § 1, 1987; Ord. 96-05 § 5, 1996)

• A. The city manager may issue a cease and desist order to any premises found to be in violation of the provisions of this chapter or applicable state and federal regulations. The city manager may include a time schedule for compliance with any cease and desist order. The city manager may issue a cease and desist order in the event of a threatened violation.

• B. The city manager may order the abatement of any discharge or any waste associated with human habitation, or of human or animal origin from any source when it is determined that the discharge causes or threatens to cause a condition which is immediately detrimental to the public health, safety, or welfare. Any such situation shall be abated by service of a notice upon the person responsible for the discharge or the owner of the premises and if not abated within 24 hours after serving the notice the city may perform such work or cause to be performed such work as shall be necessary to obtain proper abatement.

It is unlawful for any person to fail to obey or correct such conditions within 24 hours after being ordered to do so. Any cost incidental to such work shall be an assessment upon the premises affected and shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes. The city manager shall follow the procedures set forth in HMC § 13.04.930 for having such charges collected with the general taxes.

(Ord. 87-09 § 1, 1987)

It is unlawful for any person to knowingly make any false statement, representation, record, report, plant, or other document or to knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this chapter or of any wastewater discharge permit issued hereunder. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any wastewater discharge permit issued hereunder.

(Ord. 87-09 § 1, 1987)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering with any structure, equipment, or appurtenance which is part of the sanitary sewer system or required pursuant to the provisions of this chapter shall be a violation of this chapter. (Ord. 87-09 § 1, 1987)

In order to enforce the provisions of this chapter, the city may correct any violation hereof. The cost of such correction may be added to the sewer service charge of the person violating the chapter or the owner of the premises upon which the violation occurred, and the city shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The city may also petition a court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or other, as may be appropriate, restraining any person from the continued violation of this chapter.

(Ord. 87-09 § 1, 1987)

• A. Any user, permit applicant, permittee, or owner affected by a decision, action, or determination, including suspension, revocation, refusal, discontinuance, termination, cease and desist order, or emergency order issued by the city manager interpreting, implementing, or enforcing the provisions of this chapter or any wastewater discharge permit issued hereunder, may appeal such decision, action, or determination to the city council pursuant to this section.

• B. Any such appeal to the city council shall be made by filing a petition with the city clerk no later than 10 working days from date of the decision, action, or determination of the city manager. The petition shall set forth the grounds for the appeal and the reasons why such appeal should be granted. Upon receipt of said petition, the city clerk shall immediately forward a copy of the petition to the city manager and within 10 working days following the filing of the appeal the petition shall be placed on the agenda of the city council.

• C. In considering and ruling on an appeal of a decision, action, or determination of the city manager, the city council may reverse or affirm the city manager, wholly or in part, or impose such conditions as the facts warrant. The decision of the city council shall be final.

• (Ord. 87-09 § 1, 1987)

• A. If any person discharges industrial waste or other wastes into the sanitary sewer system contrary to the provisions of this chapter or applicable state and federal regulations or in violation of any permit or order issued or made pursuant to this chapter, the city manager may issue an administrative complaint pursuant to the provisions of California Government Code Section 54740.5. Administrative penalties may be imposed on the discharger consistent with the requirements and provisions of Government Code Section 54740.5.

• B. Civil penalties may be imposed by the city pursuant to this section as follows: (1) in an amount which shall not exceed $500.00 for the first such violation; (2) in an amount which shall not exceed $1,000 for the second violation that occurs within 30 days of the first such violation; and (3) in an amount which shall not exceed $2,000 for the third violation and any further violations occurring within 30 days of the first such violation. Each day constitutes a separate violation.

• C. For purposes of proceedings pursuant to this section the city manager is designated as the hearing officer or in the event the city manager is disqualified, the hearing officer shall be designated by the city council.

• D. The city council finds that the provisions of this chapter and any permit or order issued or made pursuant to this chapter, are necessary in order for the city to meet standards established by the federal or state or other regulatory agencies, are necessary to protect the city sanitary sewer system and to protect the proper and efficient operation thereof, and to protect the health or safety of its employees or the environment.

• (Ord. 01-05 § 1, 2001)

Any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any permit or order issued or made pursuant to this chapter shall be guilty of an infraction for the first such violation and shall be guilty of a misdemeanor for the second and any further violations within 24 months of the first violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time, and when not otherwise specified in any citation or notice of violation, each day, or portion thereof, that such violations continue shall constitute a separate offense. (Ord. 87-09 § 1, 1987)

• A. If any person discharges sanitary sewage, industrial waste, or other wastes into the sanitary sewer system contrary to the provisions of this chapter or applicable state and federal regulations, the city may commence an action in a court of competent jurisdiction for appropriate legal and/or equitable relief.

• B. Any person who intentionally or negligently violates any provision of this chapter or any wastewater discharge permit issued hereunder, or who intentionally or negligently discharges waste or wastewater which causes pollution, or violates any effluent limitation, national standard of performance, or national pretreatment or toxicity standard, shall be civilly liable to the city and the city may petition a court of competition jurisdiction to impose, assess, and collect civil penalties therefor to the maximum extent permitted by law.

• (Ord. 87-09 § 1, 1987)

CHAPTER 13.08 WATER USE