La Habra Municipal Code Ch. 13.24 Water Quality Ordinance

For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:

"Appeals board"

means the planning commission, which shall hear appeals arising from the enforcement of this chapter.

"Authorized inspector"

means any safety officer or any other person designated by the city manager, who is/are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter.

"City"

means the city of La Habra, Orange County, California.

"City manager"

means the city manager of the city or his/her designee.

"Co-permittee"

means the county of Orange, the Orange County Flood Control District, and/or any one of the thirty-one municipalities, including the city, which are responsible for compliance with the terms of the NPDES permit.

"Community development group"

means the building department, planning department, and/or engineering department of the city.

"DAMP"

means the Orange County Drainage Area Management Plan, as the same may be amended from time to time.

"Development project guidance"

means Chapter VII to the DAMP, and the Appendix thereto, entitled "Best Management Practices for New Development Including Non-Residential Construction Projects," as the same may be amended from time to time.

"Discharge"

means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.

"Discharge exception"

means the group of activities not restricted or prohibited by this chapter, including only:

Discharges composed entirely of storm water; discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, state general permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; discharges to the storm water drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the storm water drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff, agricultural irrigation water runoff, water from crawl space pumps, passive footing drains, lawn watering, non-commercial vehicle washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges authorized pursuant to a permit issued under Section 13.24.040 hereof; discharges allowable under the domestic sewage exception; discharges for which the discharger has reduced to the extent feasible the amounts of pollutants in such discharge; and discharges authorized pursuant to federal or state laws or regulations.

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

"Domestic sewage exception"

means discharges which are exceptions to this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:

Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill.

"Effective date"

means September 6, 1997.

"Enforcing attorney"

means the city attorney or district attorney acting as counsel to the city and his/her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the district attorney or his/her designee shall act as the enforcing attorney.

"EPA"

means the Environmental Protection Agency of the United States.

"Hearing officer"

means the city manager or his/her designee, who shall preside at the administrative hearings authorized by this chapter.

"Illicit connection"

means any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the storm water drainage system occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the storm water drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.

"Invoice for costs"

means the actual costs and expenses of the city, incurred during any inspection conducted pursuant to Section 13.24.050 of this chapter, where a notice of noncompliance or other enforcement option under Section 13.24.060 of this chapter is utilized to obtain compliance with this chapter.

"Legal nonconforming connection"

means connections to the storm water drainage system existing as of the enactment of this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the industrial waste permits, Ordinance No. 964.

"New development"

means all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.

"Nonresidential plumbing permit"

means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.

"NPDES permit"

means the currently applicable municipal discharge permit issued by the Regional Water Quality Control Board, Santa Ana Region, which permit establishes waste discharge requirements applicable to storm water runoff in the city.

"Person"

means any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant"

means any liquid, solid or semi-solid substances, or combination thereof, including but not limited to:

Artificial materials, (such as floatable plastics, wood products or metal shavings);

Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);

Metals and non-metals, including compounds of metals and non-metals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;

Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);

Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;

Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);

Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

Materials which contain base/neutral or acid extractible organic compounds;

Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and

Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.

"Prohibited discharge"

means any discharge which contains any pollutant, from public or private property to (1) the storm water drainage system; (2) any upstream flow, which is tributary to the storm water drainage system; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (4) any coastal harbor, bay, or the Pacific Ocean. The term prohibited discharge shall not include discharges allowable under the discharge exception.

"Significant redevelopment"

means the rehabilitation or reconstruction of public or private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, or other non-residential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.

"State general permit"

means either the state general industrial storm water permit or the state general construction permit and the terms and requirements of either or both. In the event the EPA revokes the inlieu permitting authority of the State Water Resources Control Board, then the term state general permit shall also refer to any EPA administered storm water control program for industrial and construction activities.

"Storm water drainage system"

means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-wide storm water runoff system and owned, operated, maintained or controlled by the county of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of storm water.

(Ord. 1514 § 1, 1997)

A. No person shall:

1. Construct, maintain, operate and/or utilize any illicit connection;

2. Cause, allow or facilitate any prohibited discharge;

3. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate and/or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge.

B. The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the effective date of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of one of the following:

1. For all structural improvements to property installed for the purpose of discharge to the storm water conveyance system, the expiration of five years from the effective date.

2. For all nonstructural improvements to property existing for the purpose of discharge to the storm water conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.

C. A civil or administrative violation of Section 13.24.020(A) shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate and/or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

D. If an authorized inspector reasonably deter mines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of subsection A. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter.

E. The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 13.24.060(A)(5) through (A)(10) for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by an authorized inspector upon consideration of the following factors:

1. The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters;

2. The economic investment of the discharger in the legal nonconforming connection; and

3. The financial effect upon the discharger of a termination of the legal nonconforming connection.

(Ord. 1514 § 1, 1997)

A. New Development and Significant Redevelopment.

1. Beginning September 6, 1997 and continuing thereafter, all new development and significant redevelopment within the city shall be undertaken in accordance with:

a. The DAMP, including, but not limited to, the development project guidance; and

b. Any conditions and requirements established by the city which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.

2. Prior to the issuance by the city of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the community development group shall review the water quality management plan (WQMP) and impose terms, conditions and requirements on the project in accordance with subsection (A)(1). If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the community development group shall review the WQMP and impose terms, conditions, and requirements on the project in accordance with subsection (A)(1) prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map.

3. Notwithstanding subsections (A)(1) and (A)(2), compliance with the development project guidance shall not be required for construction of:

a. A new or redeveloped (one) single-family detached residence of three thousand nine hundred square feet footprint or less; and

b. Any project that requires the disturbance of soil of one thousand square feet or less unless the city's community development director determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.

4. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.

5. If the city's community development group determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.

6. The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) on a new development or significant redevelopment project.

Each failure by the owner of the property or its successors or assigns to implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (A)(1) on a new development or significant redevelopment project shall constitute a violation of this chapter.

B. Cost Recovery. The city shall be reimbursed by the project applicant for all costs and expenses including but not limited to WQMP plan check and inspection fees incurred by the community development group in the review of new development or significant redevelopment projects for compliance with DAMP. The city may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.

(Ord. 1514 § 1, 1997; Ord. 1682 §§ 1, 2, 2007; Ord. 1732 § 1, 2012)

A. Discharge Permit Procedure.

1. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a state general permit or a national pollution discharge elimination system permit regulating stormwater discharges, city manager or designee may issue a permit authorizing the release of nonstormwater discharges to the stormwater drainage system if:

a. The discharge of material or substance is reasonably necessary for the conduct of otherwise legal activities on the property; and

b. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards.

2. Application. The applicant shall provide all information requested by the city manager or designee, for review and consideration of the application, including, but not limited to, specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the substances, and quantities thereof, which may be discharged if permission is granted. Such application shall be accompanied by a nonrefundable application fee in such amount as set forth by resolution of the city council.

3. Permit Issuance. The permit shall be granted or denied by the city manager or designee, or designated representative, no later than sixty business days following the completion and filing of the application. The applicant shall be notified of the action taken by personal service or by first-class mail, postage prepaid.

4. Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including, but not limited to:

a. Identification of the discharge location on the property and the location at which the discharge will enter the stormwater drainage system;

b. Identification of the substances and quantities thereof to be discharged into the stormwater drainage system;

c. Specification of pollution prevention techniques and structural or nonstructural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter;

d. Requirements for self-monitoring of any discharge;

e. Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; and

f. Consent by the applicant to a general inspection of the facility upon twenty-four hours notice;

g. Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, state or regional agency.

5. General Permit. In the discretion of the city manager or designee, the permit may, in accordance with the conditions identified in subsection (A)(4), be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, the applicant shall provide any and all information which may be required by the city manager or designee, for each and every person intended to discharge within the scope of the authorization provided by the general permit.

B. Permit Suspension, Revocation or Modification.

1. The city manager or his/her designee may suspend or revoke any permit when it is determined that:

a. The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or

b. The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter; or

c. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or

d. Any regulatory agency, including but not limited to, the EPA or a regional water quality control board having jurisdiction over the discharge, notifies the city or permittee that the discharge should be terminated.

2. The city manager or his/her designee, may modify or amend the terms of any permit when it is determined that:

a. Federal or state law requirements have changed in a manner that necessitates a modification in the permit; or

b. The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or

c. A modification of the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters.

The permittee shall be informed of any modification in the permit terms and conditions at least forty-five business days prior to the effective date of the modified permit.

3. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of a notice hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the hearing officer.

C. Limited Permittee Rights. Permits issued under this chapter are for the person or entity identified therein as the "permittee" only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

D. Transfer of Permits. No permit issued pursuant to this chapter shall be transferred or assigned to or used by a person not named on the permit, unless prior written approval is obtained from the city manager or his/her designee, which approval shall not be unreasonable withheld.

(Ord. 1514 § 1, 1997)

A. Scope of Inspections.

1. Right to Inspect. Prior to commencing any inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

2. Entry to Inspect. The authorized inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the storm water drainage system located within the jurisdiction of the city.

3. Compliance Assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property, (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants, (c) investigating the natural slope at the property, including drainage patterns and man-made conveyance systems, (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system, (e) locating any illicit connection or the source of prohibited discharge, (f) evaluating compliance with any permit issued pursuant to Section 13.24.040, and (g) investigating the condition of any legal nonconforming connection.

4. Portable Equipment. For purposes of verifying compliance with this chapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment in compliance with 13.24.050(A)(1).

5. Records Review. The authorized inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, storm water pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the storm water drainage system.

6. Sampling and Testing. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm water drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

7. Monitoring. The authorized inspector may erect and maintain monitoring devices on the property for the purpose of measuring any discharge or potential source of discharge to the storm water drainage system.

8. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector.

(Ord. 1514 § 1, 1997)

A. Administrative Remedies. The authorized inspector may, in his/her discretion, issue either a notice of noncompliance, or a cease and desist order as hereinafter described. In determining which remedy option to pursue, the authorized inspector may consider the severity of the discharge or violation of the applicable permit, the potential for irreparable harm which may be caused by the discharge or permit violation, whether the owner, occupant or responsible person is a repeat offender of the same or similar violations.

1. Notice of Noncompliance. The authorized inspector may deliver to a permittee, the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with Section 13.24.060(A)(4).

a. The notice of noncompliance shall identify the provision(s) of this chapter and/or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

b. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety days unless the authorized inspector extends the compliance deadline an additional ninety days where good cause exists for an extension.

The notice of noncompliance may include the following terms and requirements:

i. Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area; 13.24.060

ii. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

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

iv. Any other terms or requirements reasonably calculated to prevent the 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, regional or local agency;

v. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto.

2. Cease and Desist Orders. The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 13.24.060(A)(4) of this chapter. A cease and desist order may direct a permittee, the owner or occupant of any property and/or other person responsible for a violation of this chapter to:

a. Immediately discontinue any illicit connection or prohibited discharge to the storm water drainage system;

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. Clean up or remediate the area affected by the violation;

e. Immediately cease any activity not in compliance with the terms, conditions and requirements of a permit issued pursuant to Section 13.24.040.

3. Recovery of Costs. Business inspection fees shall be collected on an annual basis for those businesses requiring regular compliance inspections pursuant to the Santa Ana Regional Quality Control Board's municipal discharge permit. Further, the authorized inspector may deliver to the owner or occupant of any property, a permittee or any other person who has failed to comply with either a notice of noncompliance or a cease and desist order, an invoice for costs ("invoice of cost") for reimbursement for the city's actual costs incurred in issuing and enforcement of any provision of this chapter. Actual costs shall include, but are not limited to, the cost to the city for inspections or reinspections of the property, preparation, issuance and enforcement of any subsequent notice or order. The costs charged herein are intended to compensate for administration costs and not for enforcement of the law. The invoice for costs shall be due to the city immediately, if personally served or within thirty days from the date of service, if served by mail. If any owner, occupant, permittee or person fails to pay the invoice for costs or file a timely appeal pursuant to Sections 13.24.060(A)(5) through (A)(9), then the enforcing attorney may institute collection proceedings. The director may elect to institute collection proceedings in small claims court, in which case, the matter will be handled by the director of public works, city engineer or his or her designee.

4. Delivery of Notice. Any notice of noncompliance, cease and desist order, notice of legal nonconforming connection or invoice of costs (hereinafter, collectively referred to as the "notice") shall be delivered pursuant to the following requirements:

a. The notice shall state that the recipient has a right to appeal the matter as set forth in Sections 13.24.060(A)(5) through 13.24.060(A)(10) of this chapter.

b. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the U.S. mail, postage prepaid for first class delivery; or (iii) facsimile service with confirmation of receipt.

c. Where the recipient is the property owner, the address for delivery of notice by mail shall be the address from the most recently issued equalized assessment roll for the property or as it otherwise appears in the current records of the city.

d. Where the recipient is a permittee, the address for delivery of notice by mail shall be the address set forth on the application for a permit.

e. Where the owner or occupant of any property cannot be located after the reasonable efforts of the authorized inspector, a notice shall be deemed delivered after posting such notice on the property for a period of ten business days.

5. Administrative Hearing. Except as set forth in Section 13.24.060(A)(7), any person receiving a notice or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting a hearing before the hearing officer as set forth in subsection (A)(5) of this section. Notwithstanding the foregoing, these appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.

6. Request for Hearing. Any person appealing a notice or an adverse determination shall, within thirty days of receipt thereof, file a written request for a hearing with the office of the city clerk accompanied by a hearing fee as established by separate resolution. A copy of the request for hearing shall also be mailed on the date of filing to the hearing officer. Thereafter, a hearing on the matter shall be held before the hearing officer within forty-five business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

7. Hearing for Cease and Desist Orders and Emergency Abatement Actions. A hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for a hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.

8. Hearing Proceedings. The authorized inspector shall appear in support of the notice, determination, or emergency abatement action, and the appealing party shall appear in opposition to the notice, determination, or emergency abatement action. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. The decision of the hearing officer shall be issued within ten business days of the conclusion of the hearing and shall be delivered by first-class, postage prepaid, to the appealing party. Notwithstanding the above, the decision of the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing. However, all other provisions in this chapter regarding appeal procedures shall apply to cease and desist orders.

9. Final Decision and Appeal to the Appeals Board. A person may appeal the decision of the hearing officer to the appeals board by filing a written notice of appeal with the planning department within ten business days from the date of mailing of the hearing officer's decision. The notice of appeal shall state in detail the factual basis for the appeal. The appeals board shall consider the appeal at a public meeting not less than ten, nor more than forty-five days following the filing of the appeal. The appeals board may continue the hearing date where necessary. At the time and place set for such appeal hearing, the appeals board shall hold a de novo hearing. If the appeals board finds from the relevant evidence at the hearing that the action taken was in conformance with the provisions of this chapter, it shall require compliance with the hearing officer's decision. A copy of the appeals board's decision shall be mailed to the appellant within five business days after adoption thereof. The decision of the appeals board shall be final. The decision must include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety days following issuance of the final decision. The administrative hearing fee paid by a prevailing party in an appeal shall be refunded.

10. City Abatement. In the event the owner or occupant of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, occupant, operator, permittee or person pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the property area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to Section 13.24.060(B)(4).

B. Nuisance. Any condition in violation of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section # 38771.

1. Court Order to Enjoin or Abatement. At the request of the city manager or his/her designee, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.

2. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager or his/her designee shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.

3. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public health and/or safety or the environment, the city manager or his/her designee, may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health and/or safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public health and/or safety or the environment. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to Section 13.24.060(A)(5) shall follow the abatement action.

4. Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all legal expenses, including costs and attorney fees shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.

5. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Section 38773.1 and Section 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. At the direction of the city manager or his/her designee the enforcing attorney may be authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5.

C. Criminal Sanctions.

1. Prosecutor. The enforcing attorney may act on the request of the city manager or his/her designee to pursue enforcement actions in accordance with the provisions of this chapter.

2. Penalty for Violations. Any person who violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any water quality management plan or permit, shall be guilty of a misdemeanor, notwithstanding the fact that at the discretion of the enforcing attorney, the violation of any section of this chapter may be filed as an infraction.

D. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, notice of noncompliance, a cease and desist order or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

E. Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a) (Title 33 U.S.C. Section 1365(a)), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA, the Santa Ana Regional Water Quality Control Board or any other appropriate state or local agency, of any alleged violation of this chapter.

G. Injunctions. At the request of the city manager or his/her designee, the enforcing attorney may file in a court of competent jurisdiction a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to restoration of the environment and all other expenses as authorized by law.

H. Other Civil Remedies.

1. The city manager or his/her designee may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (a) all costs incurred in enforcement of the chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (b) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (c) damages for irreparable harm to the environment.

2. The enforcing attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the storm water drainage system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the storm water drainage system.

(Ord. 1514 § 1, 1997; Ord. 1682 §§ 3—6, 2007)

The city may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter.

(Ord. 1514 § 1, 1997)

Compliance by any person or entity with the provisions of this chapter shall not relieve any such person or entity from complying with other applicable local, state or federal statutory or regulatory requirements.

(Ord. 1514 § 1, 1997)

If any section, subsection, sentence, clause or phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council of the city of La Habra declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

(Ord. 1682 § 7, 2007)