Mountain House Municipal Code Ch. 5 Enforcement

(a) General Enforcement Authority. Except as otherwise provided herein, the Public Works Director shall administer, implement and enforce the provisions of this Chapter. The Public Works Director may delegate any powers granted to or duties imposed upon the Public Works Director to other City personnel.

(b) Administrative Enforcement Powers. The enforcement official may exercise any enforcement powers as permitted by the law or any section of this Chapter as deemed necessary or advisable in the enforcement official's judgment under the circumstances.

(Ord. 2024-23, § 1(Exh. A), 2024)

Whenever the Stormwater Management and Discharge Control Officer finds that a person has violated a prohibition or failed to meet a requirement of this Division, the Stormwater Management and Discharge Control Officer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

(c) That violating discharges, practices, or operations shall cease and desist;

(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(e) Payment of a fine to cover administrative and remediation costs;

(f) The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remedy or restore within the established deadline, the work shall be done by the City or a contractor and the expense thereof shall be charged to the violator pursuant to Section 5-9-502 of this Division.

Any enforcement action authorized under this Division will also include written notice to the violator of potential additional liability under the Federal Clean Water Act and the State of California Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties.

(Ord. 2024-23, § 1(Exh. A), 2024)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter shall be guilty of a misdemeanor, unless such violation is declared by the City Manager and shall constitute an infraction and therefore shall be subject to the following fines:

(a) Five hundred dollars ($500.00) upon the first offense.

(b) One thousand dollars ($1,000.00) upon the second offense.

(c) Two thousand dollars ($2,000.00) upon the third and each subsequent offense.

If any violation is continued, each day's violation shall be deemed a separate violation.

(Ord. 2024-23, § 1(Exh. A), 2024)

In addition to enforcement proceedings, penalties, and remedies authorized by this Chapter, compensatory actions are in addition to, and do not supersede or limit, any other remedies, and may be enforced by civil or criminal action brought by the City.

(a) A temporary and/or permanent injunction;

(b) Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this Section;

(c) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

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

(e) Referral of the discharger to the State Water Board;

(f) Referral of the discharger to the district attorney for criminal prosecution;

(g) Storm drain stenciling, attendance at compliance workshops, creek clean up, etc.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any person who violates any provision of this Chapter or any provision of any requirement or any permit issued pursuant to this Chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) or the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and may be subject to the sanctions of those Acts including civil and criminal penalties. Any enforcement action authorized under this Chapter shall also include written notice to the violator of such potential liability.

(Ord. 2024-23, § 1(Exh. A), 2024)

Notwithstanding the provisions of Section 5-9-500, any person: (A) receiving a notice of violation and either an order to abate, administrative citation, or an order to perform analyses, reporting and/or corrective activities by an authorized enforcement official; or (B) disputing the costs of enforcement, or otherwise grieved by the decision of the enforcement official, under Section 5-9-500, may appeal the determination of the Public Works Director or enforcement official to the City Manager. The notice of appeal must be received by the City Manager within ten (10) days from the date of the notice of violation. The decision of the City Manager or designee shall be final.

(Ord. 2024-23, § 1(Exh. A), 2024)

Violation of any provision or failure to comply with any of the requirements of this Division is subject to Administrative Fines and Penalties.

(Ord. 2024-23, § 1(Exh. A), 2024)

Under Section 6523.3 of the Health and Safety Code, the Council may order the correction of any violation of this Division. The cost of the correction may be collected in any manner allowed by law.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City may recover its costs related to the enforcement of this Chapter, pursuant to Section 5-9-503. Nothing in this section shall construe "costs" as including the costs to remedy, abate, or restore any damage caused by the criminal violation of this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The Public Works Director or enforcement official is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or welfare or environment, or a violation of a NPDES permit pursuant to Section 5-9-509.

(b) The cost of enforcement, abatement and restoration shall be borne by the owner of the property pursuant to Section 5-9-503. Notwithstanding the foregoing, nothing in this Section shall construe "costs" as including the costs to remedy, abate, or restore any damage caused by the criminal violation of this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

Enforcement remedies provided for in this Division are cumulative and not exclusive. The City may take all, or any combination of these actions against a person, as well as any other enforcement remedies, including injunctive relief, which the City may have available. Remedies provided for herein are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

(Ord. 2024-23, § 1(Exh. A), 2024)

In lieu of enforcement proceedings, penalties, and remedies authorized by this Division, the Stormwater Management and Discharge Control Officer may impose upon a violator alternative compensatory action including, but not limited to, storm drain stenciling, attendance at compliance workshops, storm drain basin cleanup, creek cleanup, creek water sampling and/or other remediating activities.

(Ord. 2024-23, § 1(Exh. A), 2024)

In addition to the enforcement processes and penalties, any condition caused or permitted to exist in violation of any of the provisions of this Division 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 District 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.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) In the event of any conflict between this Chapter and any federal or state law, regulation, order or permit, the requirement that establishes the higher standard for public health or safety shall govern.

(b) To the extent permitted by law, nothing in this Chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(c) The provisions of California Code of Civil Procedures Sections 1094.5 and 1094.6 are applicable to judicial review of the City decisions pursuant to this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)