Mountain House Municipal Code Ch. 2 Administrative Authority

The Stormwater Management and Discharge Control Officer and his or her designees shall administer, implement, and enforce the provisions of this Division for the City. Any powers granted or duties imposed upon the Stormwater Management and Discharge Control Officer may be delegated in writing by the Stormwater Management and Discharge Control Officer to persons or entities acting in the beneficial interest of or in the employ of the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Right-of-Entry. Whenever necessary to make an inspection to enforce any provision of this Chapter, the Stormwater Treatment System Access and Maintenance Agreement, or whenever the Public Works Director or enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this Chapter, the director or enforcement official may enter such building or premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance or perform any duty imposed upon the office by this Chapter.

(b) Any request for entry upon premises for which a Stormwater Treatment System Access and Maintenance Agreement has not been recorded shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

(c) Sampling Authority. 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, illegal discharge, non-storm-water discharge to the stormwater conveyance system, or similar factors.

(d) Sampling Methods.

(1) During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this Chapter.

(2) This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

(e) Monitoring, Analysis and Reporting Authority.

(1) The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the stormwater conveyance system.

(2) Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.

(Ord. 2024-23, § 1(Exh. A), 2024)

During any inspection as provided herein, the Public Works Director or enforcement official may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. If the test results confirm an illegal discharge, the person responsible for the discharge may be held financially responsible for the testing, sampling and related activities.

(Ord. 2024-23, § 1(Exh. A), 2024)

This Division is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. 2024-23, § 1(Exh. A), 2024)

If the owner, or person responsible for the violation, fails to correct the violation within the time specified in the notice and order to abate, the Public Works Director or designee may cause an administrative citation imposing an administrative fine or penalty to be issued to the owner of the property.

(Ord. 2024-23, § 1(Exh. A), 2024)