Los Angeles County Municipal Code Part 5 Violations and Enforcement

The director shall have primary responsibility for the enforcement of the regulations in this chapter. The director may enter into agreements with other departments for the purpose of implementing this chapter.

(Ord. 98-0021 § 1 (part), 1998.)

The director shall provide means of identification to inspectors and storm drain system maintenance personnel which shall identify them as such. Inspectors and storm drain system maintenance personnel shall identify themselves upon request in the performance of their duties under this chapter.

(Ord. 98-0021 § 1 (part), 1998.)

No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility

conveying stormwater or runoff as described in this chapter unless authority is granted by the director. Upon notification by the director, any such obstruction shall be immediately removed by the responsible party at no expense to the county, and shall not be replaced.

(Ord. 98-0021 § 1 (part), 1998.)

A.

The director may inspect in a manner authorized by state law, as often as he/she deems necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, stormwater management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this chapter.

B.

In the course of such inspection, the director may:

Inspect, sample, make flow measurements of any runoff, discharge or threatened discharge;

Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring or metering;

Inspect, copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this chapter, to the extent allowed by law; and

Photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff and/or violation discovered during an inspection.

(Ord. 98-0021 § 1 (part), 1998.)

No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the director into any building, factory, plant, yard, construction project or other place or portions thereof in the performance of his/her duty within the powers conferred upon him/her by law.

(Ord. 98-0021 § 1 (part), 1998.)

The director may issue a notice of violation and order to comply to achieve compliance with the provisions of this chapter. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this chapter.

If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction or other encroachment to the storm drain system, the director may perform the work as provided in Section 12.80.620 of this chapter. The person responsible for installing or operating such a facility shall be liable to the county for the cost of such work, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

(Ord. 98-0021 § 1 (part), 1998.)

Any discharge in violation of this chapter, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and is declared and deemed a public nuisance.

(Ord. 98-0021 § 1 (part), 1998.)

Whenever a nuisance shall be found to exist on any premises, the director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety, or the director may notify in writing the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the director may abate such nuisance in the manner provided by law. The person(s) having control of such premises, in addition to the penalties provided by this chapter, shall be liable to the county for any costs incurred by the county for such abatement, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

(Ord. 98-0021 § 1 (part), 1998.)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is committed, continued or permitted shall constitute a separate offense and shall be punishable as such.

(Ord. 2006-0061 § 8, 2006; Ord. 98-0021 § 1 (part), 1998.)

The amount of an administrative fine imposed pursuant to Chapter 1.25 of this code for delinquent fees, as described in Section 12.80.780, shall be ten percent of the delinquent amount for each month, or any portion thereof, that the fees are delinquent. For any other violation of this chapter, the amount of an administrative fine shall not exceed $100.00 for the first violation, $200.00 for the second violation of the same provision of this chapter within one year after the first violation, and $500.00 for each additional violation of the same provision of this chapter within one year after the first violation.

(Ord. 2006-0061 § 9, 2006.)

Penalties under this chapter are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law.

(Ord. 98-0021 § 1 (part), 1998.)

The provisions of this chapter shall control over any inconsistent or conflicting provisions of this code.

(Ord. 98-0021 § 1 (part), 1998.)

If any portion of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

(Ord. 98-0021 § 1 (part), 1998.)