Modesto Municipal Code Art. 7 Remedies

In addition to any other remedies provided in this chapter, any violation of the provisions of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek any or all of the following remedies:

(a) Injunctive relief;

(b) Assessment against the violator for the costs of any investigation, inspection, or monitoring survey which led to the discovery of the violation, and for the reasonable costs and attorneys fees incurred in preparing and prosecuting the civil action as a result of violations of this chapter;

(c) Recovery for costs incurred in removing, correcting, terminating, or preventing adverse effects resulting or likely to result from the violation;

(d) Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life; and/or

(e) Such other relief as the court may authorize.

Judgments and/or court ordered payments assessed under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

Any person who violates any provision of this chapter, who discharges or causes pollution, or who violates any cease and desist order, state or national law or regulation, or any other order of the Director shall be civilly liable to the City in a sum not to exceed twenty-five thousand dollars ($25,000) per violation per day. In addition, the City may require the user to pay any excess costs to the system for supplementary treatment systems, facilities, or operations needed as a result of allowing the entry of such discharges into the storm water system.

The City may petition the Stanislaus County Superior Court to impose, assess, and collect any sums levied pursuant to this chapter and Sections 54725, 54739, and 54740, et seq. of the California Government Code. In determining the amount to be recovered, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of the harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the discharger.

Notwithstanding any other provision of law, all civil penalties imposed by the court pursuant to this paragraph shall be distributed to the City. Remedies imposed pursuant to this section are in addition to and do not supersede or limit any and all other administrative, civil, or criminal remedies available at law.

(Ord. 3355 § 1, effective 10-8-04)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months, or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code shall be made punishable by a fine only as follows:

(a) Upon a first conviction, by a fine of not exceeding two hundred and fifty dollars ($250.00).

(b) For a second conviction or any subsequent conviction within a period of one (1) year, by a fine not exceeding five hundred dollars ($500.00).

(Ord. 3355 § 1, effective 10-8-04)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is unlawful and shall constitute a misdemeanor.

(Ord. 3355 § 1, effective 10-8-04)

Chapter 6 of Title 1 of this Code established the administrative remedies for violation of this Code and applicable State codes. The general remedies include administrative abatement, summary abatement, civil penalties, administrative citation, administrative compliance order(s), recordation of notices of violation, notices and orders, and mediation. The City may pursue any of these administrative remedies for violations of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance.

(Ord. 3355 § 1, effective 10-8-04)

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

(Ord. 3355 § 1, effective 10-8-04)

Every day any violation of this chapter continues, it shall constitute a separate offense.

(Ord. 3355 § 1, effective 10-8-04)

In the event that any person does not comply with the provisions of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition or effluent limitation contrary to State or Federal law, and pollutant(s) are discharged to the City's MS4, that cause or threaten to cause an adverse impact on water quality, or a receiving stream or the groundwater, that person shall be liable for any or all of the following:

(a) Any and all monetary penalties, charges, fees, cleanup costs, and other costs that may be imposed on the City by State or Federal regulatory agencies as a result of threatened or actual violation(s), including administrative and legal fees;

(b) Any and all judgments and associated costs that may be awarded to individuals or entities as a result of threatened or actual violation(s);

(c) The total costs of containment, cleanup, treatment or disposal that the Director may deem necessary to abate threatened or actual adverse impact on water quality of a receiving stream or the ground water, including consulting and administrative fees.

(d) Interest on the foregoing from the date of expenditure until the date paid.

(Ord. 3355 § 1, effective 10-8-04)

The provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure set forth the sole procedure for judicial review of any action taken pursuant to this chapter. Parties seeking judicial review of any final action taken pursuant to this chapter shall file such action within ninety (90) calendar days after the occurrence of any event or receipt of any decision constituting the evaluation of administrative remedies provided in this chapter for which review is sought.

(Ord. 3355 § 1, effective 10-8-04)