§ 29-12. Containment and notification of spills. [Ord. No. 1231-15.]

• (a) Any person owning or occupying a premises, who has knowledge of any release of pollutants or nonstorm water discharge from or across those premises that might enter the storm water conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or non-storm water discharge, and shall notify the enforcement agency within twenty-four hours of the release of pollutants or non-storm water discharge.

• (b) For the purpose of containment, all vehicles within one hundred feet of a storm water management facility shall be stored and parked on a paved surface capable of containing all reasonably expected discharges from vehicles to the satisfaction of the Director of Public Services.

§ 29-13. Inspection authority. [Ord. No. 1153, § 29.13; Ord. No. 1231-15.]

• (a) Right of entry.

  • (1) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition constituting a violation of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

  • (2) Any request for entry 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.

  • (3) In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

• (b) Sampling methods. 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 storm water contamination, illegal discharge, non-storm water discharge to the storm water conveyance system, or similar factors.

• (c) Sampling authority.

  • (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.

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City of Oakdale, CA § 29-13

STORM WATER MANAGEMENT AND DISCHARGE

§ 29-14

• (d) Monitoring, analysis and reporting authority.

  • (1) The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the storm water 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.

§ 29-14. Enforcement authority. [Ord. No. 1153, § 29.14; Ord. No. 1231-15.]

• (a) General enforcement authority.

  • (1) Except as otherwise provided herein, the Director of Public Services shall administer, implement and enforce the provisions of this chapter.

  • (2) Any powers granted to or duties imposed upon the Director of Public Services may be delegated by the Director of Public Services to other City personnel.

• (b) Administrative enforcement powers. The enforcement official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the enforcement official's judgment under the circumstances.

  • (1) Notice of violation (NOV).

    • a. Whenever the enforcement official finds that any person owning or occupying a premises has violated or is violating this chapter or order issued hereunder, the enforcement official may serve a written NOV upon such person, by personal service or by registered or certified mail.

    • b. Within thirty days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.

    • c. Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the NOV.

  • (2) Cease and desist orders.

    • a. The enforcement official may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to discharge in violation of this chapter.

    • b. This order may also require such person to:

      1. Comply with the applicable provisions of the chapter within a designated period of time; or

      2. Take appropriate remedial or preventative action to keep the violation from recurring.

  • (3) Notice to clean and abate.

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City of Oakdale, CA § 29-14

OAKDALE CITY CODE

§ 29-14

• a. The enforcement official may order the immediate abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges, or dumping to the storm drainage system must occur within 72 hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within 30 days of notification.

• b. The enforcement official may also order abatement of activities or practices that may reasonably result in such a violation.

• (4) Mitigation. The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges or an active source of pollutants entering the City's storm water conveyance system.

• (5) Storm Water Pollution Prevention Plan (SWPPP). The enforcement official shall have the authority to establish elements of a SWPPP, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

• (6) Best management practices. The enforcement official may establish the requirements of best management practices for any premises.

• (7) Violations constituting misdemeanors. In addition to civil penalties provided for in this chapter, any violation of this chapter may be punishable as a misdemeanor.

• (8) Violations deemed a public nuisance.

  • a. In addition to the penalties hereinbefore provided, 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 or welfare, and is thus deemed a nuisance.

  • b. Any such nuisance may be summarily abated and/or restored by any authorized personnel to pursue civil action(s), pursuant to subsection (c) of this section, to abate, enjoin or otherwise compel the cessation of the nuisance.

• (9) Cost recovery.

  • a. The cost of the abatement and restoration shall be borne by the owner of the property, and the cost therefore shall be invoiced to the owner of the property.

  • b. If the invoice is not paid within sixty days, the enforcement official shall have the authority to place a lien upon and against the property.

  • c. If the lien is not satisfied within three months, the enforcement official is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action bought for a money judgment, or by delivery to the county assessor of a special assessment against the property in accordance with Cal. Gov't Code § 38773.5.

• (10) Seasonal and recurrent nuisance.

  • a. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare.

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City of Oakdale, CA § 29-14

STORM WATER MANAGEMENT AND DISCHARGE

§ 29-14

• b. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

• (11) Costs of enforcement.

• a. If it prevails in any administrative, civil or criminal proceeding initiated under this chapter, the City shall be entitled to seek reimbursement for all costs incurred in connection with such proceeding.

  • b. Such reimbursable expenses may include, but are not limited to, costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, and costs of suit.

  • c. If any such costs are granted to the City, they shall be recoverable pursuant to subsection (b)(9) of this section.

• (c) Civil action.

  • (1) In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City attorney.

  • (2) Monies recovered under this division 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.

  • (3) In any such action, the City may seek, as appropriate, any or all of the following remedies:

    • 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 division;

    • 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.

• (d) Authority to arrest or issue citations.

  • (1) Any authorized enforcement official shall have and is vested with the authority to arrest or cite and release any person who violates any section of this chapter, in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions, as described by Chapters 5, 5(c) and 5(d) of Title 3, Part 2 of the California Penal Code (or as the same may hereafter be amended).

  • (2) Such authorized enforcement official may issue citations and notice to appear in the manner prescribed by Chapter 5(c) of Title 3, Part 2 of the California Penal Code, including § 853.6 (or as the same may hereafter be amended).

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City of Oakdale, CA § 29-14

OAKDALE CITY CODE

§ 29-17

• (3) It is the intent of the City council that the immunities prescribed in Cal. Penal Code § 836.5 be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

• (e) Emergency orders and abatements.

• (1) The enforcement official may order the immediate abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges, or dumping to the storm drainage system must occur within 72 hours of notification; or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within 30 days of notification.

  • (2) In emergency situations, where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare or environment, or a violation of a NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate the threat or danger.

  • (3) The costs of any such abatement shall be borne by the owner, and shall be collectable in accordance with the provisions of subsection (b)(9) of this section.

  • (4) The enforcement official may order the immediate cessation of any activities that cause an illicit discharge or cause or potentially cause uncontrolled pollutants to enter the storm water conveyance system when, in the opinion of the enforcement official, the activities present an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Activities may not resume until the enforcement official has verified that the threat to the environment and the City's MS4 has been abated.

• (f) Contents of notice. Any NOV, cease and desist order, or other civil notice or civil order issued by the enforcement official pursuant to this chapter shall include a copy of section 29-18 outlining appeal rights.

§ 29-15. Abatement by City. [Ord. No. 1153, § 29.15; Ord. No. 1231-15.]

• (a) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under section 29-20, within ten days of the decision of the City manager upholding the decision of the Public Services Director, then the City or a contractor designated by the public works director is authorized to enter upon the subject private property, and is authorized to take any and all measures necessary to abate the violation and/or restore the property.

• (b) It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.

§ 29-16. Urgent abatement. [Ord. No. 1153, § 29.16; Ord. No. 1231-15.]

The Public Services Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or general welfare of the public. If any such violation is not abated immediately as directed, the City or a contractor designated by the Public Services Director is authorized to enter onto private property and to take any and all measures required to abate the violation.

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City of Oakdale, CA § 29-17

STORM WATER MANAGEMENT AND DISCHARGE

§ 29-20

§ 29-17. Charging cost of abatement; liens. [Ord. No. 1153, § 29.17; Ord. No. 1231-15.]

• (a) Within thirty days after abatement of the nuisance by City, the Public Services Director shall notify the property owner of the property of the cost of abatement, including administrative costs.

• (b) Within fifteen days, the property owner may file with the City clerk a written protest objecting to the amount of the assessment.

  • (1) The City clerk shall set the matter for public hearing by the City Council.

  • (2) The decision of the City Council shall be set forth by resolution and shall be final.

• (c) If the amount due is not paid within ten days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property, and shall constitute a lien on the property for the amount of the assessment.

• (d) A copy of the resolution shall be turned over to the county auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

§ 29-18. Violations. [Ord. No. 1153, § 29.18; Ord. No. 1231-15.]

• (a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of its requirements.

• (b) A violation of, or failure to comply with, any of the requirements of this chapter shall constitute an infraction and, therefore, shall be subject to the following fines:

  • (1) $500 upon the first offense;

  • (2) $1,000 upon the second offense;

  • (3) $2,000 upon the third and each subsequent offense.

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

§ 29-19. Remedies not exclusive. [Ord. No. 1153, § 29.19; Ord. No. 1231-15.]

• (a) Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

• (b) The remedies provided for herein shall be cumulative and not exclusive.

§ 29-20. Appeal. [Ord. No. 1153, § 29.20; Ord. No. 1231-15.]

• (a) Any person served with a NOV, subject to a cease and desist order, subject to an abatement order, required to perform monitoring, analysis, reporting and/or other corrective activities by an authorized enforcement official, or otherwise grieved by the decision of the authorized enforcement official, may appeal the decision, within ten days following its effective date, by filing a written appeal with the Public Services Director.

• (b) The Public Services Director shall request a report and recommendation from the authorized enforcement official, and shall set the matter for hearing at the earliest practical date.

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City of Oakdale, CA § 29-20

OAKDALE CITY CODE

§ 29-26

• (1) Due notice of the hearing shall be provided to the person appealing the decision of the authorized enforcement official.

• (2) At the hearing, the Public Services Director may hear additional evidence, and may reject, affirm or modify the authorized enforcement official's decision.

• (3) The Public Services Director's decision shall be final.

• (c) If all parties involved (at a minimum, the discharger and the City enforcement official) agree that clean-up activities cannot be completed within the original timeframe, a new timeframe may be set as long as notification is made by the City to the Regional Water Quality Control Board in writing within five business days of the determination that the timeframe requires revision.

§ 29-21. Disclaimer of liability. [Ord. No. 1153, § 29.21; Ord. No. 1231-15.]

• (a) The degree of protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific, engineering and other relevant technical considerations.

• (b) The standards set forth herein are minimum standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States.

• (c) This chapter shall not create liability on the part of the City, or any officer or employee thereof, for any damages that result from reliance on the Code or any administrative decision lawfully made thereunder.

§ 29-22. City authority. [Ord. No. 1153, § 29.22; Ord. No. 1231-15.]

The enforcement official is authorized to make any decision on behalf of the City required or called for by this chapter.

§ 29-23. Judicial review. [Ord. No. 1153, § 29.23; Ord. No. 1231-15.]

The provisions of Cal. Code Civ. Proc.§§ 1094.5 and 1094.6 are applicable to judicial review of City decisions pursuant to this chapter.

§ 29-24. Conflicts with other laws. [Ord. No. 1153, § 29.24; Ord. No. 1231-15.]

• (a) In the event of any conflict between this ordinance 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.

§ 29-25. Severability. [Ord. No. 1153, § 29.25; Ord. No. 1231-15.]

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

§ 29-26. Date of Effect. [Ord. No. 1153, § 29.26; Ord. No. 1231-15.]

This chapter shall take effect and be in full force thirty days from and after its adoption, and prior to the

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City of Oakdale, CA § 29-26

STORM WATER MANAGEMENT AND DISCHARGE

§ 29-26

expiration of fifteen days thereof, a summary shall be published once in the Oakdale Leader, a newspaper of general circulation, circulated and published in the City of Oakdale, State of California. A certified copy of the full text of such adopted ordinance or amendment shall be posted in the office of the City clerk.

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City of Oakdale, CA