Monterey Municipal Code Div. V Enforcement

Violations of this Article may be remedied using the procedures set forth in Article 2 of Chapter 1 of the Monterey City Code, known as the Administrative Remedies Ordinance. These remedies include the issuance of Administrative Citations (Monterey City Code § 1-2.00 et seq.) and utilization of the Administrative Orders process (Monterey City Code § 1-2.14 et seq.). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violations of this Article. In addition, the Director may require without limitation:

a.The performance of monitoring, analyses, and reporting;

b.The elimination of illicit connections or discharges;

c.The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

d.The implementation of source control or treatment BMPs.

The Director is authorized to require immediate abatement of any violation of this Article that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the City of Monterey is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Monterey shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this Article.

In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.

Any person who violates any provision of this Article or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Article shall also include written notice to the violator of such potential liability.

Any civil penalties collected by the City as a result of violations of this Chapter shall be deposited in the Storm Water Utility Fund.