40.3 — INSPECTION, ENFORCEMENT, VIOLATIONS, AND PENALTIES

(a)

Regulatory inspections. Authorized enforcement officials and authorized enforcement staff may inspect facilities, activities and residences subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. An application for any of the permits, approvals, or exemptions described in section 40.1.4(f) shall be deemed consent to the entry on the property that is the subject of the application for the purposes of confirming compliance with this chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection.

(b)

Access easements. When any new structural BMP is installed on private property as part of a project that requires a city permit, in order to comply with this chapter, the property owner shall grant to the city an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.

(c)

Scope of inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this chapter. This may include but may not be limited to sampling, metering, visual inspections, and records review. Records, reports, analyses, or other information required under this chapter may be inspected and copied, and photographs taken to document a condition and/or a violation of this chapter.

(Ord. No. 02-OR103-1, § 2, 2-6-02)

Authorized enforcement officials and authorized enforcement staff may enforce this chapter and abate public nuisances as follows:

(a)

Administrative authorities.

(1)

Administrative remedies and penalties. Administrative remedies and penalties may be imposed pursuant to chapter 1, sections 1.14 et seq. Any later-enacted administrative remedy or penalty provision in the City Code shall also be applicable to this chapter, unless otherwise provided therein.

(2)

Cease and desist orders. Written and/or verbal orders may be issued to stop illegal discharges and/or remove illegal connections.

(3)

Notice and order to clean, test, or abate. Written and/or verbal orders may be issued to perform activities listed in section 40.2.3 where conditions warrant.

(4)

Public nuisance abatement. Violations of this chapter are deemed hazardous to public health, safety, and welfare; and are declared a public nuisance. If actions ordered under sections 40.3.2(a)(2) and (3) are not performed, the authorized enforcement official may abate any public nuisance pursuant to the procedures in this chapter or in sections 17.6 et seq. of the City Code.

(5)

Stop work orders. Whenever any work is being done contrary to the provisions of this chapter, or other laws implemented through enforcement of this chapter, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.

(6)

If the person receiving a notice and order to clean, test, or abate or a cease and desist or stop work order pursuant to this chapter, disputes the determination of a violation of this chapter, a hazardous condition or a public nuisance, they may file a written request for a hearing with the city clerk within ten (10) days of service of the notice or order by certified mail. Failure to file a written request for a hearing within this time period shall be deemed a waiver of the right to a hearing.

(a)

The city clerk shall forward the request to the city manager's office who will designate an administrative hearing officer to review the matter. The administrative hearing officer may be an authorized enforcement official or their designee, but cannot be the staff person or their immediate supervisor assigned to the case. The administrative hearing officer's determination and order for corrective action may be appealed by filing

a written appeal with the city clerk's office within ten (10) days of service by certified mail of the hearing officer's determination to the address listed in the written request for hearing. Failure to file this appeal request within this time period shall be deemed a waiver of the right to such appeal. Notice of the appeal hearing shall be served upon the owners of the affected property via certified mail at the address listed in the request for appeal, at least five (5) days prior to the date of the city council hearing.

(b)

The owner shall commence the corrective action ordered, and such work or submissions shall be completed within the specified time in the notice or order. If a written request for a hearing is filed, the corrective action shall be completed immediately following the finality of the determination and order of the hearing officer or, if appealed, the determination and order of the city council.

(c)

If the owner or agent in control fails to comply with any demand for corrective work or repairs, the authorized enforcement official or their designee may cause emergency work to be done in order to protect potentially impacted property, or to protect receiving waters, the storm water conveyance system, city roads, and rights-of-way.

(d)

The authorized enforcement official shall keep an account of the cost (including incidental expenses expended) on each separate lot or parcel of land on which emergency work is done and shall provide a written statement of such costs to the owner or agent in control. The owner or agent in control shall pay these costs within ten (10) days of the service of the statement of costs via certified mail. If the owner or agent in control objects to the reasonableness of the costs, they shall file a written request for a costs hearing with the city clerk's office within ten (10) days of the service of the statement by certified mail. Failure to file a written request for a cost hearing within this time period shall be deemed a waiver of the right to such hearing.

(e)

The determination of the reasonableness of costs by the authorized enforcement official may be appealed to the city council by filing a written appeal with the city clerk's office within ten (10) days after service of the determination by certified mail at the address listed in the request for hearing.

(f)

Before placing the delinquent costs on the tax roll or imposing the costs as a lien on the property, the authorized enforcement official shall schedule a hearing before the city council to confirm the reasonableness of the costs.

(g)

Notice of the city council hearing, along with a copy of the statement of costs, shall be served upon the owners of the affected property via certified mail, at least five (5) days prior to the date of the city council hearing.

(h)

The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in preparation of notices, specifications, and contracts, inspection of the site and work, monitoring costs, testing, reports the costs of printing and mailing notices and reasonable attorney's fees.

(i)

Emergency work cost statement. At the time and place fixed for receiving and considering the statement, the city council shall hear and consider the cost statement, together with any objections or protests to it. The city council may make such revisions, corrections, or modifications to the statement as the city council deems necessary. The statement as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the city council on all protests and objections that may be made shall be final and conclusive.

(j)

Assessment of costs against property; lien. The total cost for the emergency work, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation of a notice of lien in the office of the county recorder, the cost assessment shall constitute a lien on the property.

i.

After confirmation and recordation, a certified copy of the city council's decision shall be sent to the tax division of the county assessor's office, where it shall be the duty of the county assessor to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

ii.

The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN-CLAIM OF THE CITY OF OCEANSIDE

Pursuant to the authority vested by the provisions of Chapter 40 of the City of Oceanside Urban Runoff Management Ordinance, the Enforcement Officer of the City of Oceanside (or his or her designee) did on or about the _____ day of ____, 20, cause emergency _______ to correct a hazardous condition on real property; and the City Council of the City of Oceanside did on the _____ day of ____, 20, assess the costs of the correction of the hazardous condition upon the real property hereinafter described; and the costs or any part of the costs have not been paid.

The City of Oceanside hereby claims a lien on the property in the amount of the assessment for correction of the hazardous condition, to wit: the sum of $_______; and this amount shall be a lien upon the real

property until the sum has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of Oceanside, County of San Diego, State of California, and more particularly described as follows:

[LEGAL DESCRIPTION OF PROPERTY]

Dated: City of Oceanside

;sigr; By:\City Manager

iii.

After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(k)

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the authorized enforcement official shall so declare and thereafter be abated every year without the necessity of any further hearing.

(7)

Permit suspension or revocation. Violations of this chapter may be grounds for permit and/or other city license suspension or revocation. City permits, licenses, or other approvals may be suspended or revoked after notice and an opportunity for a hearing. The procedures set out in section 4704 of the city's zoning ordinance shall apply to revocation of a discretionary land use permit. The procedures set forth in section 15.3(18) of the City Code shall apply to revocation of a business license.

(b)

Judicial authorities.

(1)

Civil penalties and remedies. The city attorney is hereby authorized to file civil actions in superior court to enforce this chapter, seeking civil penalties and/or other remedies as provided in this section and in section

There is no requirement that administrative enforcement procedures be pursued

before such actions are filed.

(2)

Injunctive relief. Any violation of this chapter may be enforced by a judicial action for injunctive relief.

(3)

Arrest or issue citations. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code, City Code section 1.7, Title 3, Part 2 (or as amended) and/or a citation and notice to appear as prescribed in City Code section 1.12 and Part 2 of the Penal Code, including Section 853.6 (or

as amended) may be issued. There is no requirement that administrative enforcement authorities be used before such actions are filed. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials and authorized enforcement staff acting in the course and scope of their employment pursuant to this chapter.

(Ord. No. 02-OR103-1, § 2, 2-6-02; Ord. No. 14-OR0762-1, § 9, 12-17-2014)

In addition to the violations identified in sections 40.1.1 through 40.3.1 of this chapter, the following acts and omissions are violations of this chapter, whether committed by a discharger or by another person or entity:

(a)

Causing, permitting, aiding, or abetting non-compliance. Causing, permitting, aiding, or abetting non- compliance with any part of this chapter constitutes a violation of this chapter.

(b)

Concealment, misrepresentation and false statements. Any falsification or misrepresentation made to the city concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay city enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.

(c)

Failure to promptly correct non-compliance. Violations of this chapter must be corrected with the time period specified by an authorized enforcement official or authorized enforcement staff. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this chapter.

(d)

City permits and SWPPPs. Any failure to conform to an applicable storm water pollution prevention plan (SWPPP) prepared pursuant to this chapter; any failure to comply with urban runoff-related provisions of a city-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with urban runoff-related provisions in any other city permit or approval, is also a violation of this chapter. For purposes of this chapter a permit provision or condition of approval is "urban runoff-related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of urban runoff or of moderating run-off flows rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes.

(Ord. No. 02-OR103-1, § 2, 2-6-02)

(a)

Misdemeanor penalties. Non-compliance with any part of this chapter constitutes a misdemeanor and may be enforced and punished as prescribed in City Code section 1.7, the Penal Code, and the Government Code of the State of California.

(b)

Penalties for infractions. Authorized enforcement officials and authorized enforcement staff may charge any violation of this chapter as an infraction at their discretion. Infractions may be abated as a nuisance or enforced and punished as prescribed in the Penal Code and Government Code of the State of California.

(c)

For civil actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in civil actions. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:

• Injunctive relief;

• Costs to investigate, inspect, monitor, survey, enforce, or litigate;

• Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation;

• Compensatory damages for losses to the city or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations;

• Civil penalties; and

• Attorney fees and court costs.

(d)

Civil penalties. As part of a civil action filed by the city to enforce provisions of this chapter, a court may assess a maximum civil penalty of one thousand dollars ($1,000.00) per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted, or maintained by such person(s).

In determining the amount of any civil liability to be imposed pursuant to this chapter, the Superior Court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require.

(e)

Attorney fees. In any action, administrative proceeding or special proceeding to enforce this chapter and abate a nuisance, the prevailing party may recover attorney fees. In no event shall the award of attorney

fees to the prevailing party exceed the amount of reasonable attorney fees incurred by the city in the action or proceeding.

(f)

Penalties and remedies not exclusive. Penalties and remedies under this chapter may be cumulative and in addition to other administrative, civil or criminal remedies.

(Ord. No. 02-OR103-1, § 2, 2-6-02)

OCEANSIDE TRAFFIC CODE[1] Footnotes: --- (1) ---

Editor's note— Ord. No. 21-OR0309-1, § 1(Exh. A), adopted May 5, 2021, repealed the former Traffic Code, §§ 1—17.3, and enacted a new Traffic Code as set out herein. The former Traffic Code derived from Ord. No. 75-8, adopted May 14, 1975; Ord. No. 77-08, § 1, adopted March 9, 1977; Ord. No. 78-26, § 1, adopted June 28, 1978; Ord. No. 79-26, §§ 1, 2, adopted July 25, 1979; Ord. No. 79-32, § 1, adopted Oct. 10, 1979; Ord. No. 79-38, § 2, adopted Nov. 14, 1979; Ord. No. 80-13, adopted April 23, 1980; Ord. No. 81- 26, § 1, adopted May 27, 1981; Ord. No. 81-30, § 1, adopted June 3, 1981; Ord. No. 82-16, §§ 1—4, adopted April 14, 1982; Ord. No. 82-40, § 1, adopted Aug. 25, 1982; Ord. No. 83-05, § 1, adopted March 9, 1983; Ord. No. 83-19, § 1, adopted May 25, 1983; Ord. No. 83-24, § 1, adopted June 22, 1983; Ord. No. 83-39, § 1, adopted Oct. 12, 1983; Ord. No. 84-24, § 1, adopted June 13, 1984; Ord. No. 84-27, §§ 1, 2, adopted June 28, 1984; Ord. No. 84-28, §§ 1, 2, adopted July 11, 1984; Ord. No. 85-05, §§ 1, 2, adopted March 13, 1985; Ord. No. 85-08, § 1, adopted April 24, 1985; Ord. No. 85-29, § 1, adopted Oct. 2, 1985; Oct. No. 85-30, §§ 1—3, adopted Oct. 2, 1985; Ord. No. 85-58, § 1, adopted Dec. 18, 1985; Ord. No. 86- 01, § 1, adopted Jan. 8, 1986; Ord. No. 86-06, §§ 1, 2, adopted Feb. 13, 1986; Ord. No. 86-25, § 1, adopted July 23, 1986; Ord. No. 86-29, § 1, adopted Aug. 13, 1986; Ord. No. 86-30, § 1, adopted Aug. 13, 1986; Ord. No. 86-40, § 1, adopted Oct. 29, 1986; Ord. No. 86-41, § 1, adopted Oct. 29, 1986; Ord. No. 86- 44, § 1, adopted Nov. 12, 1986; Ord. No. 87-31, § 1, adopted July 8, 1987; Ord. No. 87-39, § 1, adopted Oct. 14, 1987; Ord. No. 87-43, § 1(a), (b), adopted Dec. 2, 1987; Ord. No. 88-03, § 1, adopted Jan. 27, 1988; Ord. No. 88-16, § 1, adopted May 11, 1988; Ord. No. 88-25, § 1, adopted June 8, 1988; Ord. No. 88- 35, § 1, adopted Oct. 26, 1988; Ord. No. 88-42, § 1, adopted Dec. 7, 1988; Ord. No. 89-02, § 1, adopted Jan. 25, 1989; Ord. No. 89-21, § 1, adopted Oct. 18, 1989; Ord. No. 89-22, § 1, adopted Oct. 18, 1989; Ord. No. 90-07, § 1, adopted Feb. 14, 1990; Ord. No. 90-30, § 1, adopted Aug. 29, 1990; Ord. No. 90-32, § 1, adopted Sept. 12, 1990; Ord. No. 90-36, § 1, adopted Dec. 5, 1990; Ord. No. 91-04, s;§ 1, 2, adopted Feb. 13, 1991; Ord. No. 91-05, § 1, adopted Feb. 27, 1991; Ord. No. 91-06, § 1, adopted Feb. 27, 1991; Ord. No. 91-19, §§ 1, 2, adopted April 24, 1991; Ord. No. 91-21, § 1, adopted April 24, 1991; Ord. No. 91- 25, § 1, adopted May 1, 1991; Ord. No. 91-32, § 1, adopted July 3, 1991; Ord. No. 91-53, § 1, adopted Nov. 13, 1991; Ord. No. 91-57, §§ 1—5, adopted Nov. 20, 1991; Ord. No. 91-59, § 1, adopted Dec. 11, 1991; Ord. No. 92-01, § 1, adopted Jan. 15, 1991; Ord. No. 092-16, § 1, adopted May 27, 1992; Ord. No. 092-17, § 1, adopted June 17, 1992; Ord. No. 92-27, § 1, adopted Dec. 2, 1992; Ord. No. 93-07, § 1, adopted April 7, 1993; Ord. No. 93-08, § 1, adopted April 7, 1993; Ord. No. 93-11, § 1, adopted June 6 2, 1993; Ord. No. 93-13, § 1, adopted Aug. 4, 1993; Ord. No. 93-14, § 1, adopted Sept. 1, 1993; Ord. No. 93- 16, § 1, adopted Oct. 6, 1993; Ord. No. 93-21, § 1, adopted Nov. 3, 1993; Ord. No. 94-01, §§ 1—4, adopted Jan. 5, 1994; Ord. No. 94-09, §§ 1, 2, adopted April 20, 1994; Ord. No. 94-15, § 1, adopted July 6,

1993; Ord. No. 93-08, § 1, adopted April 7, 1993; Ord. No. 93-11, § 1, adopted June 6 2, 1993; Ord. No. 93-13, § 1, adopted Aug. 4, 1993; Ord. No. 93-14, § 1, adopted Sept. 1, 1993; Ord. No. 93- 16, § 1, adopted Oct. 6, 1993; Ord. No. 93-21, § 1, adopted Nov. 3, 1993; Ord. No. 94-01, §§ 1—4, adopted Jan. 5, 1994; Ord. No. 94-09, §§ 1, 2, adopted April 20, 1994; Ord. No. 94-15, § 1, adopted July 6,

1994; Ord. No. 94-18, § 1, adopted Aug. 3, 1994; Ord. No. 94-19, § 1, adopted Sept. 21, 1994; Ord. No. 94-25, § 1, adopted Nov. 16, 1994; Ord. No. 94-26, §§ 1—3, adopted Dec. 14, 1994; Ord. No. 95-04, § 1, adopted Feb. 15, 1995; Ord. No. 95-011, § 1, adopted Aug. 2, 1995; Ord. No. 95-015, § 1, adopted Oct. 4, 1995; Ord. No. 96-08, § 1, adopted July 10, 1996; Ord. No. 96-12, § 1, adopted Nov. 20, 1996; Ord. No. 97-03, § 1, adopted March 5, 1997; Ord. No. 97-04, § 1, adopted March 5, 1997; Ord. No. 97-09, § 1, adopted Aug. 6, 1997; Ord. No. 97-10, § 1, adopted Aug. 6, 1997; Ord. No. 98-09, § 1, adopted March 1, 1998; Ord. No. 98-20, § 1, adopted June 3, 1998; Ord. No. 98-29, § 1, adopted Oct. 7, 1998; Ord. No. 98- 30, § 1, adopted Oct. 7, 1998; Ord. No. 98-35, § 1, adopted Dec. 2, 1998; Ord. No. 00-24-1, § 1, adopted Jan. 12, 2000; Ord. No. 00-732-1, § 1, adopted Nov. 15, 2000; Ord. No. 00-733-1, § 1, adopted Nov. 15, 2000; Ord. No. 01-OR649-1, § 1, adopted Dec. 5, 2001; Ord. No. 02-OR064-1, § 1, adopted Jan. 16, 2002; Ord. No. 02-OR099-1, § 1, adopted Feb. 6, 2002; Ord. No. 03-OR040-1, § 1, adopted Jan. 22, 2003; Ord. No. 03-OR375-1, § 1, adopted June 4, 2003; Ord. No. 04-OR017-1, § 1, adopted Jan. 7, 2004; Ord. No. 04-OR061-1, § 1, adopted Feb. 4, 2004; Ord. No. 04-OR408-1, § 1, adopted June 2, 2004; Ord. No. 05- OR0102-1, § 1, adopted Feb. 23, 2005; Ord. No. 06-OR0580-1, § 1, adopted Sept. 13, 2006; Ord. No. 06- OR0581-1, § 1, adopted Sept. 13, 2006; Ord. No. 07-OR0194-1, §§ 1, 2, adopted April 4, 2007; Ord. No. 08-OR0221-1, § 1, adopted April 2, 2008; Ord. No. 08-OR0586-1, §§ 1, 2, adopted Oct. 1, 2008; Ord. No. 12-OR0384-1, §§ 1—3, adopted June 6, 2012; Ord. No. 12-OR0790-1, § 1, adopted Dec. 5, 2012; Ord. No. 13-OR0656-1, §§ 1—7, adopted Oct. 2, 2013; Ord. No. 16-OR0083-1, §§ 1—6, adopted Feb. 17, 2016; Ord. No. 19-OR0125-1, §§ 1, 2, adopted March 27, 2019.