Mount Shasta Municipal Code Part II General Provisions

Except as otherwise provided herein, the Director of Public Works shall administer, implement and enforce the provisions of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 201, 1975)

(A) Violation of this chapter shall constitute an infraction, and shall follow code enforcement procedures and penalties set forth in Chapter 1.03 MSMC.

(B) Nothing herein shall prevent a person who violates this title from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or any other local, County, State, or Federal law or regulation.

(C) Each day during which any violation continues shall constitute a separate offense punishable as provided above.

(D) Any person who intentionally or negligently violates any provision of this chapter pertaining to the subject matter of either subsection (D)(1) or (2) of this section or any condition or limitation of a permit or plan approval related thereto shall be civilly liable to the City in a sum of not to exceed $6,000 for each day in which such violation occurs:

(1) The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance;

(2) The prevention of the entry of such wastewater into the collecting system and treatment works.

(3) In the event of such violation the City shall, upon authorization of its Council, petition the Superior Court to impose, assess and recover such sums. (Ord. CCO-20-04 § 3, 2020; Ord. CCO-99-05, 1999; Ord. CCO-95-04, 1995; Ord. 331 § 202, 1975)

If any provision 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. CCO-99-05, 1999; Ord. 331 § 203, 1975)

(A) The Director of Public Works shall notify any person found in violation of this chapter or of any limitation or requirement of a permit issued hereunder before the Director of Public Works takes any action to implement MSMC 13.56.060 and 13.56.310, and the Director of Public Works shall take no such action until the elapse of 10 days from the date notice is given.

(B) Unless otherwise provided herein, any notice required to be given by the Director of Public Works under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last known address known to the Director of Public Works. Where the address is unknown, service may be made upon the owner of record of the property involved. (Ord. CCO-99-05, 1999; Ord. 331 § 204, 1975)

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the Director of Public Works or City Manager. (Ord. CCO-99-05, 1999; Ord. 331 § 205, 1975)

(A) Adequate identification shall be provided by the Director of Public Works for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

(B) Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s sewerage system may be made by the Director of Public Works as he deems necessary. These facilities shall include but not be limited to sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers, and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

(C) Access to all of the above facilities or to other facilities directly or indirectly connected to the City’s sewerage system shall be given to authorized personnel of the City at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director of Public Works, and shall not be replaced.

(D) No person shall interfere with, delay, resist or refuse entrance to an authorized City inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the City’s sewerage system. (Ord. CCO-99-05, 1999; Ord. 331 § 206, 1975)

At least 30 days before any formal consideration of an amendment to the ordinance codified in this chapter, the Director of Public Works shall notify, in writing, each public corporation performing as a local sewering agency. Such notice shall also be mailed to any person who has filed a request for notification. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken. (Ord. CCO-99-05, 1999; Ord. 331 § 207, 1975)

Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director of Public Works shall make such determination in accordance with established estimating practices. (Ord. CCO-99-05, 1999; Ord. 331 § 209, 1975)

The Director of Public Works may perform work of an educational nature and may, for this purpose, cooperate with civic organizations, industries, water companies, sewerage agencies and other public corporations. (Ord. CCO-99-05, 1999; Ord. 331 § 210, 1975)

(A) The Director of Public Works will approve plans for sewerage construction, or issue a permit for industrial wastewater discharge or any other permit under this chapter, only if it appears to the Director of Public Works that the sewerage construction, sewer connection, industrial wastewater discharge, or other procedure conforms to the requirements of this chapter.

(B) Plans for sewer construction shall meet all design requirements of the public corporation having jurisdiction in the area of construction, and shall also meet the design requirements as established from time to time by the City Engineer of the City.

(C) If requested to do so, the Director of Public Works will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by City inspectors.

(D) All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

(E) The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 211, 1975)

All persons discharging industrial wastewater directly or indirectly to the City’s sewerage system prior to the effective date of this chapter are granted a temporary permit to discharge industrial wastewaters. This temporary permit shall expire six months after notification by the Director of Public Works that a new permit is to be obtained, or after two years from the effective date of this chapter, whichever should first occur. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge. (Ord. CCO-99-05, 1999; Ord. 331 § 213, 1975)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the City’s sewerage system shall be a violation of this chapter. (Ord. CCO-99-05, 1999; Ord. 331 § 214, 1975)