Merced Municipal Code Ch. 15.28 Enforcement

The public works department of the city is charged with the duty of enforcing this chapter, or causing its enforcement by other city departments or other agencies, when necessary.

(Ord. 1489 § 1 (part), 1983).

In the event of violation (other than nonpayment of billed sewer service charges) of any provisions of this title, the director may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the director shall exercise his authority to disconnect the premises from the sewer system; provided, that such time shall not be less than five days after the date of presentation of such notice; provided further, that in the event such violation results in a public hazard, menace or nuisance, then the director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

(Ord. 1489 § 1 (part), 1983).

In the event of delinquency of sewer service charges or any portion thereof, the city shall exercise the procedures set forth in Section 15.32.160.

(Ord. 1958 § 4, 1997: Ord. 1752 § 14, 1990: Ord. 1724 § 1, 1988: Ord. 1489 § 1 (part), 1983).

The decision of the city to require a new residential applicant to deposit a sum of money with the city prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the city in accordance with the guidelines set forth in Section 15.32.165.

(Ord. 1958 § 5, 1997: Ord. 1752 § 15, 1990).

If service is disconnected because of nonpayment, or otherwise, there shall be no charge to the customer for the disconnection. Upon application for reconnection, the applicant will be subject to a service charge of fifty dollars ($50.00) for the reconnection during normal working hours and seventy-five dollars ($75.00) if the reconnection is made during off-hours, weekends, or holidays. This provision shall not be construed in any way as affecting the civil liability of the person in default for failure to pay the charges prescribed by this chapter.

(Ord. 2168 § 9 (part), 2004: Ord. 1958 § 6, 1997: Ord. 1489 § 1 (part), 1983).

The charges imposed by this chapter shall be deemed a debt due the city from and against any person subject to the provisions hereof and such person is liable in a civil action in the name of the city, or its assignee, as plaintiff in any court of competent jurisdiction for the amount of the charges imposed by this title, including penalties, costs of suit, and for attorney's fees, which sum, upon collection, shall be deposited in the city treasury.

(Ord. 1489 § 1 (part), 1983).

In each case where premises are disconnected from the sewer system, the council shall cause the city to take or to request any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they are reconnected to the sewer system.

(Ord. 1489 § 1 (part), 1983).

The finance officer and all other appropriate city officers, agents or employees shall promptly, efficiently and economically take all steps, actions or remedies necessary for the collection of charges as provided in this chapter which are now or may hereafter be provided.

(Ord. 1489 § 1 (part), 1983).

The officers, employees and inspectors of the public works department of the city shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine compliance with this division.

(Ord. 1489 § 1 (part), 1983).

All persons using the sewer system of the city shall pay for such service and for the privilege of connecting to the sewer at the rates, at the time, and under the conditions set forth in this division, and shall comply with all provisions of this division relating to the use of the sewer system.

(Ord. 1489 § 1 (part), 1983).

When the city finds that a discharge of wastewater has occurred or may occur in violation of this division, or the provisions of a wastewater discharge permit, the city may issue an order to cease and desist, and direct the owner not complying with this division or discharge permit to:

A. Comply forthwith;

B. Comply in accordance with a time schedule set forth by the city;

C. Take appropriate remedial or preventive action in the event of a threatened violation; or

D. Cease operation until appropriate remedial or preventive action is taken and approved by the city.

(Ord. 1489 § 1 (part), 1983).

When the city finds that a discharge of wastewater has occurred or may occur in violation of this division or wastewater discharge permit, the city may require the owner to submit for approval a detailed time schedule of specific actions which the owner shall take to prevent or correct the violation.

(Ord. 1489 § 1 (part), 1983).

It shall be unlawful knowingly to make any false statement, representations, record, report, plan or other document or knowingly to tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this title or of any pest issued under this title. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit issued under Chapter 12.12.

(Ord. 1489 § 1 (part), 1983).

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this division or of any provision of any permit issued pursuant to this division or of any order or directive of the director authorized by the provisions of said division is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.

(Ord. 1489 § 1 (part), 1983).

Whenever there is a violation of any provision of this chapter, the city attorney is authorized to petition the superior court for the issuance of a preliminary or permanent injunction, or both as may be appropriate to restrain the continuance of such violation.

(Ord. 1747A § 16, 1989).

Any person who intentionally or negligently violates any provision of this division, any provision of any permit issued pursuant to said divisions, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who so violates any cease and desist order, prohibition, effluent limitation, national pretreatment or toxicity standard shall be civilly liable to the city in a sum not to exceed six thousand dollars for each day in which such violation occurs. The city may petition the superior court to impose, assess and collect such sums pursuant to this division and Section 54740 of the California Government Code.

(Ord. 1489 § 1 (part), 1983).

Any person violating any provision of this division, or of any permit issued pursuant to this division, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed one year, or by a fine not to exceed one thousand dollars or by both such imprisonment and fine. Every violation shall constitute a separate offense.

(Ord. 1747A § 17, 1989: Ord. 1489 § 1 (part), 1983).

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.

(Ord. 1489 § 1 (part), 1983).

A. Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the director, made or authorized pursuant to the provisions of this division, or relating to any permit issued pursuant to said division, or interpreting or implementing the same, may file a written request with the director for reconsideration thereof within ten days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director shall render a final decision within ten days of the receipt of such request for reconsideration.

B. Any user, permittee, applicant, or other person aggrieved by the final determination of the director may appeal such determination to the city council within ten days of notification by the director of his final determination. Written notification of such appeal shall be filed with the city clerk within ten days after notification of the final determination of the director and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the city council within thirty days from the date of filing the notice of appeal. The appellant, the director, and such other persons as the council may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the council may affirm, reverse or modify the final determination of the director as the council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the director shall remain in full force and effect. The council's determination on the appeal shall be final.

(Ord. 1489 § 1 (part), 1983).