Chapter 8.96 — STORMWATER AND RUNOFF POLLUTION CONTROL

This Chapter shall be known as the "Stormwater and Runoff Pollution Control Ordinance of the City of Long Beach" and may be referred to as such.

(ORD-15-0029 § 1, 2015)

The provisions of the Ordinance codified in this Chapter are adopted pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C.§ 1251 et seq; the Porter Cologne Act (California Water Code § 13000 et seq.), the regulations and stormwater permits issued thereunder, and any other law relating directly or indirectly to stormwater discharge, or which may be violated by stormwater discharge or non-stormwater discharge to City storm drains or to receiving waters.

(ORD-15-0029 § 1, 2015)

A.

The purpose of this Chapter is to protect and improve water quality of receiving waters by:

Prohibiting illicit discharges to the municipal stormwater system;

Eliminating illicit connections to the municipal stormwater system;

Eliminating spillage, dumping, and disposal of pollutant materials into the municipal stormwater system;

Reducing pollutant loads in stormwater and urban runoff from land uses and activities identified in the Municipal NPDES Permit.

B.

The intent of this Chapter is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto, to applicable implementing regulations and the Municipal NPDES Permit and any amendment, revision, or reissuance thereof.

(ORD-15-0029 § 1, 2015)

For the purpose of provisions of this Chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the

context that a different meaning is intended. If the definition of any term contained in this section conflicts with the definition of the same term in the current Municipal NPDES Permit, then the definition contained in the Municipal NPDES Permit shall control.

A.

"Best Management Practice" or "BMP" shall mean practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters.

B.

"Clean Water Act" or "CWA" shall mean the Federal Water Pollution Control Act as amended, (33 U.S.C. 1251 et seq.).

C.

"Construction General Permit" or "CGP" shall mean General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.

D.

"Director" shall mean the Director of Public Works of the City of Long Beach, the Director of Environmental Planning of the Port of Long Beach, the Director of Development Services of the City of Long Beach or their duly authorized designee.

E.

"Executive Officer" shall mean Executive Officer of the California Regional Water Quality Control Board, Los Angeles.

F.

"Good Housekeeping Practice" shall mean a best management practice related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.

G.

"Illicit Connection" shall mean any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

H.

"Illicit Discharge" shall mean any discharge into the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the Municipal NPDES Permit.

I.

"Industrial Activity" shall mean activities related to or involving manufacturing, processing or material storage at an industrial facility, including activities described in 40 Code of Federal Regulations Section 122.26(b)(14). Industrial activity may be subject to Stormwater Permit requirements.

J.

"Low Impact Development" or "LID" shall mean the implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near to where it falls to earth.

K.

"Industrial General Permit" or "IGP" shall mean the General Permit for Storm Water Discharges Associated with Industrial Activities. General NPDES permit issued by the State Water Board, which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

L.

"Municipal NPDES Permit" shall mean the Municipal Separate Storm Sewer System (MS4) permit issued by the most recent order of the California Regional Water Quality Control Board, Los Angeles Region, to which the City is subject.

M.

"Municipal Separate Storm Sewer System" or "MS4" shall mean those facilities within the City by which stormwater discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and natural channels.

N.

"Non-stormwater Discharge" shall mean any discharge to the storm drain system and/or receiving waters that is not composed entirely of stormwater.

O.

"National Pollutant Discharge Elimination System" or "NPDES" shall mean the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §§ 307, 402, 318, and 405. The term includes an "approved program."

P.

"Owner" as applied to a building or real property shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such building or real property.

Q.

"Person" shall mean within the context of this Chapter, any natural person, firm, association, organization, partnership, business trust, corporation or company.

R.

"Pollutant" shall mean the same as it is defined in California Water Code Section 13373 and includes, but is not limited to, garbage, debris, lawn clippings, leaves, fecal waste, biological waste sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or nontoxic chemicals, metals, including batteries.

S.

"Receiving Waters" shall mean a "water of the United States" into which waste and/or pollutants are, or may be, discharged.

T.

"Regional Board" shall mean the California Regional Water Quality Control Board, Los Angeles Region.

U.

"Runoff" shall mean any runoff including stormwater and non-stormwater from a drainage area that reaches a receiving water body.

V.

"State Board" or "SWRCB" shall mean the State Water Resources Control Board of the California Environmental Protection Agency.

W.

"Stormwater Laws" shall mean the Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter-Cologne Act (California Water Code § 13000 et seq.), the regulations and Stormwater Permits issued thereunder, and any other law relating directly or indirectly to stormwater discharge or non-stormwater discharge to the MS4 or receiving waters.

X.

"Stormwater Permit" shall mean any applicable individual or general NPDES Permit or waste discharge requirements, waiver of waste discharge requirements or other authorization by a Governmental Authority issued pursuant to Stormwater Laws that pertain to stormwater runoff, as such may be amended, modified or revised from time to time. Stormwater Permit includes without limitation the General NPDES permits pertaining to stormwater discharge from industrial activity, construction activity and MS4s.

Y.

"Stormwater" shall mean storm water runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

Z.

"Urban Runoff" shall mean surface water flow produced by non-stormwater resulting from residential, commercial and industrial activities.

(ORD-22-0034 § 1, 2022; ORD-15-0029 § 1, 2015)

A.

No person shall cause or allow an illicit discharge to enter the municipal stormwater system.

B.

Any person causing an illicit discharge to the MS4 may be required by the Director to pay for the cost of cleanup and remediation.

C.

Any owner of any private property from which a non-stormwater discharge is observed may be required by the Director to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.

D.

Any person causing a discharge which exceeds a receiving water limitation shall be required to halt the discharge.

E.

The following non-stormwater discharges are not considered illicit discharges:

Exempt discharges specified in the Municipal NPDES Permit, including flows from riparian habitats and wetlands, diverted stream flows authorized by the State Water Board or Los Angeles Water Board, natural springs, rising ground waters where groundwater seepage is not otherwise covered by a NPDES permit, uncontaminated groundwater infiltration; and discharges or flows from emergency firefighting activities.

Conditionally exempt non-stormwater discharges specified in the Municipal NPDES Permit. Such discharges include, but are not limited to, essential non-emergency firefighting activities, drinking water systems that are not otherwise regulated by another NPDES permit, dewatering of lakes, landscape irrigation, dechlorinated/dibrominated swimming pool, dewatering of decorative fountains, individual residential car washing, street/sidewalk wash water, or any other discharge that the Director deems not to be a significant source of pollution, such non-stormwater discharges shall be conducted in a manner not in violation of other provisions of this Chapter.

Non-stormwater discharges specifically allowed under a separate NPDES permit including, but not limited to, a general industrial stormwater activity permit or general construction stormwater activity permit.

(ORD-22-0034 § 2, 2022; ORD-15-0029 § 1, 2015)

No person shall intentionally place, litter, accumulate, maintain, discharge or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans.

(ORD-15-0029 § 1, 2015)

A.

No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the municipal stormwater system.

B.

Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.

C.

If any person fails to eliminate an illicit connection after being called upon by the City to do so, the Director shall take appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of such illicit connection.

(ORD-15-0029 § 1, 2015)

A.

No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to stormwater runoff.

B.

The owner of parking lot surfaces, public or private, that are exposed to stormwater shall clean the parking lot surface as often as necessary to remove refuse, residual oil, grease or other pollutants that might otherwise be discharged to the MS4 by runoff.

(ORD-22-0034 § 3, 2022; ORD-15-0029 § 1, 2015)

A.

Certain categories of commercial facilities specified in the Municipal NPDES Permit or identified by the City as being significant contributors of pollution, shall implement BMPs prescribed by the Regional Board or its Executive Officer, through programs or actions made pursuant to the Municipal NPDES Permit, or by the Director, to minimize the discharge of pollutants to the MS4. These include source control BMPs identified in Table 6 of the Municipal NPDES Permit.

B.

Certain categories of commercial facilities shall be inspected for pollution issues and BMP compliance with the most current Municipal NPDES Permit and approved Watershed Management Programs in accordance with the inspection schedule called for in the Municipal NPDES Permit or approved Watershed Management Program, or as often as necessary as determined by the City.

(ORD-22-0034 § 4, 2022; ORD-15-0029 § 1, 2015)

A.

It shall be a violation of this Chapter for any industry in the City that is subject to waste discharge requirements specified in the Industrial General Permit, any revision made thereto, or a reissuance of such order, to operate without a NPDES Industrial General Permit.

B.

Industries that require a NPDES Industrial General Permit shall retain on-site the following documents which evidence compliance with permit requirements:

A copy of the notice of intent for general permit to discharge stormwater associated with industrial activity;

A waste discharge identification number issued by the SWRCB; and

A stormwater pollution prevention plan and monitoring program plan.

C.

Any industry in the City requiring a NPDES Industrial General Permit shall, upon reasonable request from a duly authorized officer of the City, provide any of the documents described in Subsection (B) of this Section.

D.

Any industry, whether or not subject to the NPDES Industrial General Permit, may be inspected in accordance with a schedule established by the Municipal NPDES Permit or as often as necessary as

determined by the City for the purpose of determining compliance with BMP requirements or to abate pollution issues.

E.

Any industry, whether or not subject to the NPDES Industrial General Permit, shall implement BMPs prescribed by the Regional Board or its Executive Officer, through programs or actions made pursuant to the Municipal NPDES Permit, or by the Director, to minimize the discharge of pollutants to the MS4. These include source control BMPs identified in Table 6 of the Municipal NPDES Permit.

(ORD-22-0034 § 5, 2022; ORD-15-0029 § 1, 2015)

coverage.

A.

No person shall be granted a grading permit or shall commence or continue any construction activity in the City that causes the disturbance of one (1) acre or more of land by clearing, grading, or excavating without demonstrating to the City that such person has obtained a NPDES Construction General Permit from the SWRCB. NPDES construction activity does not include: 1) routine maintenance to maintain original line and grade; 2) hydraulic capacity; 3) the original purpose of the facility; or 4) emergency construction activities required to immediately protect the public health and safety.

B.

Any person engaged in a construction activity in the City requiring a NPDES Construction General Permit shall retain at the construction site the following documents: 1) a copy of the notice of intent to comply with terms of the general permit to discharge water associated with construction activity; 2) a waste discharge identification number issued by the SWRCB; 3) a stormwater pollution prevention plan and monitoring program plan for the construction activity requiring the construction permit; and 4) records of all inspections, compliance and noncompliance reports, evidence of self-inspection and good housekeeping practices.

C.

Any person engaged in a construction activity in the City requiring a general construction stormwater activity permit shall, upon reasonable request from a duly authorized officer of the City, provide any of the documents described in Subsection (B) of this Section and shall retain said documents for at least three (3) years after completion of construction, or a Certificate of Occupancy, whichever is later.

(ORD-22-0034 § 6, 2022; ORD-15-0029 § 1, 2015)

A.

No person shall be granted a grading permit for a construction project that is expected to cause a disturbance of less than one (1) acre of land by grading, clearing, and/or excavation without consenting to

implement erosion and sediment control BMPs prescribed by the City to reduce pollutant discharges to the MS4 associated with construction activities. Such BMPs include those identified in Table 7 and Table 8 of the Municipal NPDES Permit.

B.

No person shall be allowed to commence or continue any construction activity in the City that causes the disturbance of less than one (1) acre of land by grading, clearing, and/or excavating without implementing erosion and sediment control BMPs prescribed by the City. Such BMPs include those identified in Table 7 and Table 8 of the Municipal NPDES Permit.

(ORD-22-0034 § 7, 2022; ORD-15-0029 § 1, 2015)

A.

Applicability. Prior to the construction of any priority development project that is subject to the planning and development program requirements specified in the Municipal NPDES Permit, such project shall be evaluated by the City for its potential to discharge pollutants to the MS4 and shall reduce or prevent such discharge. Such project shall comply with the applicable requirements of the Municipal NPDES Permit and Low Impact Development (LID) standards and implemented in accordance with the manual developed by the City. The City's manual is hereby incorporated herein by this reference and shall be made available for review and use by the public.

B.

Requirement. Once a priority development project has been evaluated for its potential to discharge pollutants to the MS4, the City shall require appropriate BMPs, both structural (i.e., LID) and nonstructural, to be implemented on a post-construction basis, and shall require a maintenance agreement to assure the proper performance of such BMPs.

C.

Enforcement. The Director is authorized to require plan review of construction documents, issuance of applicable permits, conduct post-construction inspections, and request reports for the purpose of verifying proper operation and maintenance of structural BMPs.

D.

Manual. The Director shall prepare, maintain, and update, as deemed necessary and appropriate, the NPDES Manual and shall include technical information and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this Section and Chapter.

(ORD-22-0034 § 8, 2022; ORD-15-0029 § 1, 2015)

A.

Inspections. Whenever necessary to make an inspection to assess or enforce compliance with this Ordinance, or whenever the Director reasonably believes a condition exists or potentially exists on a Premises which constitutes a violation of this Ordinance or Stormwater Laws, or poses a threat to water quality, the Director may enter such Premises at all reasonable times, upon reasonable notice, to inspect such Premises, review or copy records related to Stormwater or perform any duty imposed by this Ordinance. The Director may seek assistance from any court of competent jurisdiction in obtaining such entry, as appropriate.

B.

Imminent Threat. The Director shall be permitted to immediately enter any Premises and inspect, monitor, sample, and undertake other necessary actions when, in the Director's opinion, there exists an immediate threat to the health, safety or welfare of the public.

C.

Observations and Sampling. During any inspection as provided herein, the Director may photographically record site observations and take samples and perform any testing deemed necessary to investigate or document site conditions, or otherwise support the site inspection or investigation.

(ORD-15-0029 § 1, 2015)

A.

Acts in Violation of this Ordinance. It shall be a violation of this Ordinance for any person to:

Fail to comply with any provision of this Ordinance;

Conceal a violation of this Ordinance;

Fail to timely comply with a directive of the Director issued pursuant to this Ordinance;

Fail to comply with conditions of approval for construction projects; or

Cause or permit any discharge to the City storm drains or receiving waters that constitutes a nuisance, causes or contributes to a violation of applicable Stormwater Laws, including any such prohibitions,

limitations, and requirements applicable to discharges from City Storm Drains conveying Stormwater discharge from such person's activities, Premises or facility to receiving waters.

B.

Separate Violations. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues. A person who violates any provision of this Ordinance may also be in violation of Stormwater Laws and may be separately subject to the additional sanctions of such laws including civil and criminal penalties. The violation of any provision of this Chapter is hereby declared to be a nuisance, and may be abated by the City in accordance with its authority to abate nuisances.

C.

The remedies listed in this Chapter are not exclusive of any other remedies available to the City under any applicable Federal, State or local law and it is within the discretion of the City to seek cumulative remedies.

D.

The Director may issue notice of violation and administrative orders to any other person who has failed to comply with either a notice of violation or other administrative order an invoice for costs for reimbursement of the City's actual costs incurred in issuing and enforcement of any provision of this Chapter.

E.

The Director may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges and/or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analysis and furnish such reports as the officer may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and the benefits to be obtained.

F.

The Director may prepare and update as appropriate from time to time, policies, procedures, specifications and other guidance to implement this Ordinance, City Stormwater programs or the requirements of Stormwater Laws.

(ORD-15-0029 § 1, 2015)

Whenever the Director finds or has reason to believe that a violation of this Ordinance has occurred or is occurring, the Director may take all appropriate action and pursue all available legal remedies to enforce this Ordinance, including, but not limited to, the following:

A.

Notice of Violation ("NOV"). The Director may issue a written NOV describing the violation, requiring action, specifying the time period or deadline for such action, and notifying the alleged violator of his or her right to

protest the order as provided in Section 8.96.190 of this Ordinance. The written NOV may, at the Director's discretion, include one or more of the following:

An order to abate a nuisance or correct a violation, including immediate action to clean up any spill or abate any violation that poses an immediate threat to public health, safety or the environment. The Director may require abatement of uncontrolled sources of pollutants within thirty (30) calendar days of notification if such pollutants could pose an environmental threat. The Director may, as appropriate, require a spill, discharge or pollutant release cleaned up and abated within seventy-two (72) hours of notification. An order to abate and/or clean up shall set forth a deadline for completion, and shall further advise that, should the violator fail to abate or clean up by the established deadline, the work will be done by the City or a contractor designated by the Director and the expense thereof shall be charged to the violator pursuant to Section 8.96.160;

An order to construct, implement, operate, repair, maintain and/or replace source control or treatment BMPs;

An order to cease and desist specified discharges, practices, activities or operations within a specified time frame if pollutant sources or activities are not abated;

An order to investigate and/or eliminate illicit discharges or illicit connections;

An order to inspect and/or monitor. Monitoring may include sampling and analysis;

An order to prepare and/or submit documents or reports;

An order to reimburse costs, including administrative, abatement, remediation, sampling and analysis, legal and staff time costs; or

An order to undertake any other action to eliminate a violation.

B.

Inspections. The City may perform inspections to confirm a person has addressed an NOV to the Director's satisfaction.

C.

Notice of Penalty ("NOP"). The Director may issue a written NOP describing the violation and ordering the recipient to pay, within a specified period of time, a penalty as provided in Section 8.69.180 of this Ordinance. The NOP must notify the violator of his or her right to protest the penalty as provided in Section 8.96.190 of this Ordinance.

D.

Extension of Time. If an extension of time is required to clean up or abate a spill, discharge or pollutant release, or take other action directed in an NOV or NOP, the Director may establish a new time frame and notify appropriate Governmental Authorities of such revised timeframe as may be required by Stormwater Laws.

E.

Legal Action. Whenever any condition is caused or permitted to exist in violation of any of the provisions of this Ordinance that the Director determines is a threat to public health, safety, or the environment, and declares to be a nuisance, the Director may, in addition to the enforcement processes and penalties herein provided, commence legal actions and/or equitable proceedings in a court of competent jurisdiction to abate, enjoin, or otherwise compel the cessation of such nuisance or abatement of the nuisance at the violator's expense. If the City prevails in such action and/or proceeding, it shall be entitled to recover costs, attorneys' fees, and costs of City's attorneys and staff in addition to any taxes, fees, assessments, penalties and interest.

F.

Written Enforcement Notices. Any written notice provided under Section 8.96.160 shall be served personally by hand delivery, certified mail or email to the owner or occupant of the Premises where the violation occurred, or to the person believed responsible for the violation, or both.

G.

Notice to State and Federal Authorities. Notwithstanding any other provision of this Ordinance, the Director may report known or suspected violations of Stormwater Laws, to Governmental Authorities.

(ORD-15-0029 § 1, 2015)

A.

Failure to Abate. If a nuisance has not been abated as required by the NOV, or if a spill or release has not been abated or cleaned up as required by the NOV the City may enter upon the subject Premises and abate and/or clean up the nuisance or spill at the expense of the City and the City may recover the amount of such expense, including the cost of inspection, enforcement and correction to the full extent permitted by Government Code Section 54988, as it may be amended from time to time.

B.

Emergency. When, in the Director's discretion, a condition exists which poses an immediate threat to the public health, safety or the environment, or an immediate threat of significant violation of Stormwater Laws affecting public health, safety or the environment, the Director may immediately enter the subject Premises and inspect or perform or cause to be performed work necessary to abate such danger or threat or to clean-up a release.

C.

Reimbursement. The costs of abatement or clean-up performed by the City shall be fully reimbursed by the premises owner, occupant and/or responsible person as appropriate. Any relief obtained under this Section 8.69.170 shall not prevent the City from seeking other and further relief authorized under this Ordinance, other applicable Laws or any agreement with the City. Failure to reimburse the City within a reasonable time shall constitute a violation of this Ordinance.

(ORD-15-0029 § 1, 2015)

A.

Penalties. In addition to all other costs, a person who violates or fails to comply with a NOV or any provision of this Ordinance shall, upon written NOP as provided in Section 8.69.160(C) above, be subject to a penalty of up to and including Five Hundred Dollars ($500.00) per day for each violation, as such amount may be modified from time to time in the Municipal Code of the City.

B.

Penalty Alternative. In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the Director may require alternative compensatory actions, including but not limited to, monitoring, installing Stormwater Facilities, storm drain stenciling, attendance at compliance workshops, shore cleanup, and other measures as appropriate in the Director's discretion.

C.

Revocation of Authorizations. The Director, may, in his/her discretion, revoke or modify City authorizations, terminate any tenancy agreement or right of occupancy of City Premises, or revoke or modify any license, authorization or other privilege conferred by the City, for significant or chronic violation of Stormwater Laws.

(ORD-15-0029 § 1, 2015)

A.

Filing a Protest. Any person named in an NOV or NOP may protest such order or penalty or attorneys' fees and costs by sending by certified mail or hand delivering to the Director's office a written request for review within twenty (20) calendar days of receipt of such NOV or NOP. Such protest shall specify all reasons why the order or penalty or assessment of attorneys' fees should be rescinded or modified.

B.

Review and Decision. Within twenty (20) calendar days of receipt of a protest, the Director shall send a written decision by certified mail to the person filing such protest. The Director's decision shall be final, unless, within ten (10) calendar days of receipt of such decision, the person requests in writing, by certified mail or hand delivery, that a hearing be held on the matter.

C.

Hearing. Within ten (10) calendar days of receiving a request for a hearing, the Director shall send a written notice of the date and time of a public hearing to the requesting person. At any such hearing, the requesting person may attend, give testimony, and present evidence. The issues addressed at the hearing shall be limited to those specifically raised in the hearing request. The hearing is an administrative process, not a criminal proceeding or a civil court of law proceeding. Costs of transcription of any testimony taken shall be borne by the person requesting transcription. The Director may affirm, modify or reverse any aspect of the written notice under review. The Director shall issue a final decision within twenty (20) calendar days of the hearing.

D.

Liens. Notwithstanding any other provision of this Ordinance to the contrary, the costs incurred by the City in the abatement of a violation or nuisance may be placed against any privately owned and affected property as either a nuisance abatement lien or a special assessment lien pursuant to Government Code Section 38771 et seq., as amended from time-to-time or a lien pursuant to Government Code Section 54988, as amended from time to time. The City may enforce a lien under this Ordinance in any manner permitted by Law, including filing a civil action to either foreclose on its liens or to obtain a money judgment or both, or pursuing nonjudicial foreclosure. The City may elect, upon thirty (30) calendar days written notice to all known and record owners of the privately owned and affected Premises, to convert any nuisance abatement lien authorized by this Ordinance to a special assessment lien, or vice versa. Costs recoverable under this Ordinance shall include those categories of costs and fees set forth in Civil Code Section 3496, regardless of the type of nuisance involved.

(ORD-15-0029 § 1, 2015)

The remedies provided for in this Ordinance shall be cumulative and not exclusive of any other remedies and shall not preclude the City from any other relief which otherwise is available.

(ORD-15-0029 § 1, 2015)

The City Council may establish fees recover costs for complying with the requirements of this Chapter, including, but not limited to, plan review fees, cleanup and abatement fees, and inspection fees, which may be fixed and established from time to time by the City Council by resolution.

(ORD-22-0034 § 9, 2022; ORD-15-0029 § 1, 2015)

The standards set forth herein and promulgated pursuant to this Ordinance are minimum standards. Compliance with this Ordinance does not ensure compliance with Stormwater Laws. Any person subject to requirements of Stormwater Laws or Stormwater Permits shall be responsible for their compliance with Stormwater Laws or Stormwater Permits.

(ORD-15-0029 § 1, 2015)

The City Council or as designated, the City Manager, may enter into interagency agreements with other owner/operators of the MS4 to control the contribution of pollutants from shared portions of the MS4.

(ORD-15-0029 § 1, 2015)

A.

Written Notice. Except as otherwise provided in this Ordinance or by the Director, any written notice or request provided under this Ordinance may be delivered by hand delivery, mail or email.

B.

Conflict of Law. This Ordinance is not intended to interfere with, abrogate or annul any other ordinance, resolution rule, or regulation, statute, or other provision of Law. If any provision of this Ordinance imposes restrictions different from those imposed by any other City ordinance, resolution, rule, or regulation or other provision of Law, the provision that is more restrictive or imposes a higher protective standard for the City, human health, safety or the environment shall take precedence.

C.

Liability of City. Persons subject to Stormwater Laws shall be solely responsible for compliance with such laws. The Director, including any City or Port official or employee, acting under authorization of this Ordinance, if acting in good faith and within the course and scope of his/her employment, shall not be liable for any damage that may accrue to persons or Premises as the result of or by reason of any act or omission occurring in the good faith discharge of the duties of employment. Neither the City nor any agent or employee thereof shall be liable for any injury or damage resulting from any person's reliance on this Ordinance or any administrative decision lawfully made thereunder.

D.

Severability. The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance.

(ORD-15-0029 § 1, 2015)