Marin County Municipal Code Art. 3 Inspection and Enforcement

Any condition caused or allowed to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance and may be summarily abated and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the agency, or by actions taken by the county counsel.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The abatement of any public nuisance under this chapter shall follow the procedures as set forth in Chapter 1.05 of the Marin County Code. The cost of such abatement and/or restoration of the property to its original condition shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and this code.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

A. The agency may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times to inspect the same for any or all of the following situations, as determined by the agency:

1. Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

2. Active or potential stormwater discharges;

3. Whenever there is reasonable cause to believe that there exists any condition which constitutes a violation of the provisions of this chapter or of the phase II stormwater permit;

4. Actual violations of this chapter or of the phase II stormwater permit;

5. Whenever necessary to enforce any of the provisions of this chapter or of the phase II stormwater permit; or

6. To perform any duty imposed upon the official by this chapter.

B. The agency must present proper credentials to, and obtain consent from the owner or occupant to enter any building or any premises. If such building or premises be unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. In the event the owner and/or occupant refuses entry or cannot be contacted, the official shall request assistance of the county counsel to obtain an administrative warrant for the premises, pursuant to the provisions of state law.

C. The agency has the right to conduct routine sampling and monitoring. The costs of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the county. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination or illicit discharges to a storm drain, or similar factors.

D. Whenever the agency determines there exists reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of other unlawful material, to a storm drain, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official.

E. Whenever a condition is found to exist in violation of this chapter that, in the opinion of the agency, presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the official shall take whatever reasonable and appropriate action he or she may deem necessary to neutralize the danger, including but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that, notwithstanding any other provisions of this chapter, any such violation may, at the discretion of the agency, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Penal Code Section 19. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 25132. A person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by civil action brought by the county counsel in any court having appropriate jurisdiction. In any such action, the county may seek any or all of the following remedies:

A. A temporary or permanent injunction;

B. Costs of investigation, inspection, sampling or monitoring activities concerning the violation, and costs of preparing and bringing legal action;

C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition or incurred in removing, correcting or terminating the adverse effects resulting from the violation;

D. Compensatory damages including but not limited to loss and/or damage to water quality, wildlife, fish, aquatic life and other adverse environmental effects. Damages recovered under this subsection shall be paid to the county and shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems and implementing and/or enforcing the provisions of this chapter.

(Ord. 3225 § 2 (part), 1996)

In addition to any other enforcement powers and/or remedies provided in this chapter, the agency may issue an order to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventative action as may be deemed necessary by the official. Upon the violator's failure to comply with such order, the county shall take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, state or federal law. At the discretion of the agency, orders to cease and desist may take the following form:

A. Verbal warnings, as may be issued during inspections;

B. Warning letters and orders to abate pollution;

C. Warning Letters with requirements to submit written reports; or

D. Formal violations and legal action as described in this chapter and as authorized by Chapter 1.05 of the Marin County Code.

(Ord. 3225 § 2 (part), 1996)

(Ord. No. 3631, § II, 2015)

The remedies provided in this chapter are in addition to and do not supersede or limit any and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other.

(Ord. 3225 § 2 (part), 1996)

Any person who violates any provision of this chapter shall be subject to arrest or citation in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Chapter 5, 5c and 5d of Title 3, Part 2 of the California Penal Code including Section 853.6 or as the same may be hereinafter amended. It is the intent of the board of supervisors that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

(Ord. 3225 § 2 (part), 1996)