Lancaster Municipal Code Art. 6 Administration and Enforcement

A. Non-compliance with best management practices and/or the twenty-five (25) percent rule for grease interceptors, maintenance frequency requirements for grease interceptors, permit discharge conditions, or any discharge provisions of this chapter may be determined by an inspection of the FSE.

B. Non-compliance 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. Any sample taken from a sample point is considered to be representative of the discharge to the city sewer.

C. Inspections and sampling may be conducted when deemed necessary by the FOG control program manager.

D. In the event of non-compliance, and in lieu of suspension or revocation of a permit, the director or his/her designee may impose additional conditions on the permit if he/she determines the additional conditions will mitigate the conditions of non- compliance.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

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

1. Fails to comply with the terms and conditions of the permit.

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

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

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

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

6. Does not make timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed pursuant to this title.

7. Causes interference, sewer blockages, or SSOs with the city's sewer system.

8. Violates grease interceptor maintenance requirements, any condition or limit of its discharge permit or any provision of this chapter.

9. Fails to comply with an order of suspension.

B. When the FOG control program manager has reason to believe that grounds exist for permit suspension or revocation, he/she shall give written notice. The notice may be personally given to any responsible person or they may be served by first class mail. The date a notice of abatement is placed in a U.S. Postal Service mail receptacle shall be the date of service. Failure of any responsible person to receive a notice by mail shall not invalidate any action or proceeding pursuant to this chapter. The notice shall include the facts and grounds resulting in the suspension or revocation. The notice shall further inform the permittee of his/her right to appeal the notice, as set forth in this section.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. A person who has been issued a notice of suspension or revocation pursuant to this chapter may contest the citation by filing a written appeal on a city-approved form to the city clerk within ten (10) calendar days from the date of the notice. The basis for the appeal must be specified in detail on the appeal form. There shall be no filing fee for the appeal.

B. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice; in this event, the notice is final and binding.

C. As soon as practicable after a timely appeal is filed, the director shall fix a date, time and place for a hearing. The hearing shall be conducted by the director, provided, however that the director may appoint an independent and impartial hearing officer to hear the appeal. Written notice of the time and place for the hearing shall be served by first class mail, at the return address indicated on the appeal form, at least ten (10) calendar days prior to the date of the hearing.

D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The director shall grant one (1) continuance of the hearing date.

E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal.

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the facts and grounds for the suspension or revocation constitute violations of this chapter, applicable city regulations, and/or local, state or federal law. The manager will be present at the hearing. The hearing officer shall take the testimony of the manager, and shall consider any other relevant evidence concerning the grounds for the suspension or revocation that the manager may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to either uphold or dismiss the notice of suspension or revocation. A copy of the written decision shall be served on the appellant by first class mail within ten (10) days after the hearing.

H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Government Code Section 53069.4 and/or Code of Civil Procedure Section 1094.6.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

The city, by order of the director, may physically terminate sewer service to any property for which a suspension or revocation is final or where wastewater discharge is occurring without a current and valid permit. All costs for the physical termination, and subsequent reconnection if applicable, shall be paid by the responsible person.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. Except as otherwise provided, all fees, charges and penalties established by this chapter are due and payable upon receipt of notice thereof. Such amounts are delinquent if unpaid after thirty (30) days.

B. Penalties for failure to pay such fees, charges and penalties within the time identified in the notice shall be in accordance with Section 5.04.080, penalty, of the Lancaster Municipal Code.

C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.

E. Payment of disputed charges is still required by the due date during city review of any appeal submitted by permittee.

F. Collection of delinquent accounts shall be in accordance with the city's procedures for collection of delinquent obligations owed to the city. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

Any condition or activity that is in violation of this chapter, including but not limited to impermissible or unlawful discharge of wastewater, is hereby declared a public nuisance that may be subject to correction or abatement as directed by the FOG control program manager or director.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

Any person who violates any provision of this chapter is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for not more than six (6) months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

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 said violation is established by the city by a preponderance of the evidence to have been caused by the discharge of any user of the city's system which is in violation of any provision of this chapter or the user's permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

The director or his/her designee may issue an administrative citation to a responsible person who causes, allows, maintains or permits the maintenance of a condition or activity in violation of this chapter. Issuance of any citation, and appeal and due process rights concerning a citation, shall be in accordance with the provisions set forth in chapter 1.16 of this code.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

Any administrative citation pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate an unlawful nuisance condition or violation, or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)