Chapter 12 — STORM WATER QUALITY MANAGEMENT

This chapter implements the Federal Water Pollution Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C. Sections 1251-1387, and the California Water Code by prohibiting the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES") required by CWA Section 402, 33 U.S.C. Section 1342, and prohibits nonstorm water discharges into the storm drain system. (§ 2, Ord. 735, eff. March 12, 1999)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and, if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board—Los Angeles ("RWQCB—ILA") as such permits may be amended from time to time.

"Best Management Practices" ("BMPs") shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce Pollutants in discharges. BMPs include, but are not limited to, public education and outreach, proper planning of development projects, proper clean-out of catch basins and proper waste handling and disposal.

"Chapter" shall mean Chapter 12 of Title 5 of the Ojai Municipal Code.

"City" shall mean the City of Ojai, California.

"Development" shall mean any construction, rehabilitation, redevelopment or reconstruction for which either discretionary land use approval or a permit is required, for any public or private residential (whether single-family, multi-unit or planned unit development); industrial; commercial; retail; institutional; and other nonresidential projects, including public agency projects; or mass grading for future construction.

"Director" shall mean the Director of Public Works of the City of Ojai and persons designated by and under the Director's instruction and supervision.

"Discharge," when used without qualification, shall mean the discharge of a pollutant.

"Discharge of a pollutant" shall mean any addition of any pollutant to waters of the United States, to the City's storm drain system or any addition of any pollutant to waters of the contiguous zone from any point source other than a vessel or other floating craft which is being used as a means of transportation.

"EPA" or "US EPA" shall mean the Environmental Protection Agency of the United States of America.

"Hazardous substances" shall mean those substances designated as hazardous substances under Section 311(b)(2)(A) of the Federal Water Pollution Control Act, which are listed in the table at 40 C.F.R. Section 116.4, and other applicable law.

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City of Ojai, CA § 5-12.102

OJAI CODE

§ 5-12.102

"Hearing officer" shall mean the City Manager or the City Manager's designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on matters raised therein.

"Illicit connection" shall mean any device or artifice, excluding roof drains and other similar connections, into the Municipal Separate Storm Sewer System, without a permit, through or by which an Illicit Discharge may be discharged.

"Illicit discharge" shall mean any discharge to the storm drain system that is not composed entirely of storm water except discharges pursuant to an NPDES permit and discharges which are exempt or conditionally exempt in accordance with any applicable order of the RWQCB—LA. The term "illicit discharge" shall not include the following types of nonstorm water discharges, unless the RWQCB—LA determines that these discharges cause specific receiving water limit violations:

• (1) Water line flushing;

• (2) Landscape irrigation;

• (3) Diverted stream flows;

• (4) Rising ground waters;

• (5) Uncontaminated ground water infiltration (as defined at 40 C.F.R.35.2005(20)) to separate storm sewers;

• (6) Uncontaminated pumped ground water;

• (7) Discharges from potable water sources;

• (8) Foundation drains;

• (9) Air conditioning condensation;

• (10) Irrigation water;

• (11) Springs;

• (12) Water from crawl space pumps;

• (13) Footing drains;

• (14) Lawn watering;

• (15) Individual residential or non-commercial car washing;

• (16) Flows from riparian habitats and wetlands;

• (17) Dechlorinated swimming pool discharges;

• (18) Street wash water;

• (19) Discharges or flows from fire fighting activities; and

• (20) Other types of discharge approved by the Executive Officer of the Regional Board.

"Invoice for costs" shall mean an invoice for the actual costs and expenses of the City, including,

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City of Ojai, CA

SANITATION AND HEALTH

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§ 5-12.102

but not limited to, administrative overhead, salaries, attorney's fees and other expenses recoverable under applicable law, incurred during any inspection, investigation or proceeding conducted pursuant to this chapter, where a notice of violation or other enforcement option under Section 5-12.112 is used to obtain compliance with this chapter.

"Permit" or "national pollutant discharge elimination system (NPDES) permit" shall mean an authorization, license or equivalent control document issued by the US EPA, the State Water Resources Control Board or a Regional Water Quality Control Board, and includes an NPDES general permit and the permit issued by the RWQCB—LA, and entitled Water Discharge Requirements for Storm Water Management/Urban Runoff Discharges for VCFCD, County of Ventura, and the cities of Ventura County, Order No. 94-082 (NPDES No. CAS063339).

"Person" shall mean any individual, firm, association, partnership, corporation, consortium, local, state or federal government agency, political subdivision, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

"Pollutant" shall mean a "pollutant" as defined in Section 502(6) of the Clean Water Act, 33 U.S.C. Section 1362(6) or Water Code Section13373, or other applicable law, which is discharged into water. "Pollutant" shall not mean uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility, or any substance, the discharge of which into the storm drain system, through BMPs, has been reduced to the maximum extent practicable, and shall not include those nonstorm water discharges set forth in the definition of "illicit discharge" contained in subsection (l)(1) of this section, unless the RWQCB—LA determines that these discharges cause specific receiving water limit violations.

"Property" shall mean any real property, irrespective of ownership.

"Responsible party" shall mean the person(s) identified in and responsible for compliance with the provisions of a storm water pollution prevention plan or storm water pollution control plan, and includes the owner and operator of the property to which the plan relates.

"State general permit" shall mean either the State general industrial storm water permit or the State general construction permit and the terms and requirements of either or both. In the event the EPA revokes the in-lieu permitting authority of the State Water Resources Control Board, the term "State general permit" shall also refer to any EPA-administered storm water control program for industrial and construction activities.

"Storm drain system" shall mean a conveyance or system of conveyances, including municipal streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting or disposing of Storm Water into waters of the United States (as defined at 40 C.F.R. Section 122.2).

"Storm water" shall mean runoff from rain or storm activity, snow melt runoff and surface runoff and drainage.

"Storm water pollution control plan" shall mean the plan as required by the City.

"Storm water pollution prevention plan" shall mean the plan as required by State general permit.

"Storm water quality management plan" shall mean the Ventura Countywide Storm Water Quality Management Plan, as the same may be amended from time to time.

"Watercourse" shall mean any natural or artificial channel for passage of water including the VCFCD jurisdictional channels, or "red line channels" (as described in the List of Channels

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City of Ojai, CA

OJAI CODE

§ 5-12.102

§ 5-12.105

within the Comprehensive Plan of the VCFCD as of October 4, 1994 and its amendments). (§ 2, Ord. 735, eff. March 12, 1999)

• (a) The discharge of pollutants into the storm drain system is prohibited. All discharges of material other than storm water must be in compliance with NPDES Permit No. CAS063339 or any other NPDES permit issued by the State of California.

• (b) No person shall:

  • (1) Construct, use, maintain, operate and/or continue to utilize an illicit connection.

  • (2) Cause, allow or facilitate an illicit discharge.

  • (3) Act, cause, permit or suffer any agent, employee or independent contractor to construct, maintain, operate or utilize an illicit connection or cause, allow or facilitate an illicit discharge.

  • (4) Use storm drain system or watercourses for the discharge/disposal of wastes (including, but not limited to, yard trimmings, cut grass or paint clean-up).

  • (5) Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, kept or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk or other component of the storm drain system, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets immediately prior to and for the purposes of collection are exempt from this prohibition.

• (c) This prohibition expressly includes, without limitation, all illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

• (§ 2, Ord. 735, eff. March 12, 1999)

• (a) Discharges of storm water containing pollutants which have not been reduced to the maximum extent practicable are prohibited.

• (b) Any person engaged in activities which will or may result in pollutants entering the storm drain system or watercourses shall undertake all practicable measures to reduce such pollutants.

• (c) With written concurrence of the Regional Board, the City may exempt in writing other nonstorm water discharges which are not a source of pollutants to the storm drain system or watercourses.

• (§ 2, Ord. 735, eff. March 12, 1999)

• (a) On and after January 1, 1999, all development within the City shall be undertaken in accordance with:

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-12.105

§ 5-12.106

• (1) Any conditions and requirements established by an applicable NPDES permit which are reasonably related to the reduction or elimination of pollutants in storm water from the project site.

• (2) A storm water pollution prevention plan, which shall be prepared in accordance with State general permit.

• (3) A storm water pollution control plan, which shall be prepared in accordance with City requirements.

• (4) Any condition and/or requirements established by the City to protect specific watersheds or drainage basins.

• (b) Prior to the issuance by the City of any discretionary land use approval or permit for any development, the property owner shall submit to and obtain the approval of the Director for a storm water pollution control plan.

• (c) Proof of compliance with any general NPDES permit shall be required in a form acceptable to the City.

• (d) Notwithstanding the subsections (a) and (b) of this section, a storm water pollution control plan shall not be required for a development of four or fewer lots which are zoned to permit only single-family units unless the Director determines that such development construction may result in the discharge of significant levels of a pollutant into the storm drain system.

• (e) Compliance with the conditions and requirements of a storm water pollution control plan shall not exempt any person from the requirement to comply independently with each provision of this chapter.

• (f) Each application for a storm water pollution control plan shall name a responsible party for the project.

• (g) The owners of lots included in a development project, their successors and assigns and each named responsible party (collectively "owners") shall implement and adhere to the terms, conditions and requirements of the approved storm water pollution control plan. Each failure or violation by the owners to implement and adhere to the terms, conditions and requirements of an approved storm water pollution control plan shall constitute a separate violation of this chapter. The Director may require that the storm water pollution control plan be recorded with the County Recorder's office by the property owner.

• (h) The costs and expenses of the City incurred in the review, approval or revision of any storm water pollution control plan or other related requirements (or in the approval or revision of any such) shall be assessed to the owners and shall be due and payable to the City. The City may elect to require a deposit of estimated costs and expenses and the actual costs and expenses shall be deducted from the deposit and the balance, if any, refunded to the depositor.

• (§ 2, Ord. 735, eff. March 12, 1999)

• (a) The Director may adopt requirements establishing appropriate BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of the storm drain system. If relevant BMPs have been promulgated by the City or any federal,

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City of Ojai, CA § 5-12.106

OJAI CODE

§ 5-12.110

State of California and/or regional agency for an activity, operation or facility which would otherwise cause the discharge of pollutants to the storm drain system or watercourses, every person undertaking such activity or operation or owning or operating such facility shall implement such BMPs.

• (b) Any person engaged in activities or operations or owning facilities or property which will or may result in pollutants entering the storm drain system, or watercourses, as determined by the Director, shall implement applicable BMPs to the extent they are technologically and economically achievable to prevent and/or reduce such pollutants.

• (§ 2, Ord. 735, eff. March 12, 1999)

Each industrial discharger associated with any construction activity, or any other discharger described in any NPDES or NPDES general permit as may be adopted by the EPA, the State Water Resources Control Board or the RWQCB—LA, shall comply with and undertake all other activities required by any applicable NPDES general permit with regard to such discharge. (§ 2, Ord. 735, eff. March 12, 1999)

• (a) The Director shall require a person responsible for an illicit discharge to discontinue the illicit discharge immediately, or by a specified date, discontinue the discharge and to require such person to take any necessary measures to eliminate the source of the illicit discharge.

• (b) The Director shall require a person responsible for illicit connection to the storm drain system to eliminate or secure approval for the illicit connection by a specified date.

• (c) Regardless of whether the illicit connection or illicit discharge was established or approved prior to the effective date of this chapter, it shall be subject to abatement pursuant to this chapter.

• (d) Whenever the City finds that an illicit discharge is taking place or has occurred which may result in or has resulted in pollution of the storm drain system, the City shall require the responsible person to cease the illicit discharge and the pollution within a specified time.

• (§ 2, Ord. 735, eff. March 12, 1999)

Every person owning property through which a watercourse passes, or the person in charge of day-to-day operations of such property, shall keep and maintain the property reasonably free of trash, debris, vegetation and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, all existing structures within or adjacent to the watercourse shall be maintained so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or person in charge of day-to-day operations shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. (§ 2, Ord. 735, eff. March 12, 1999)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-12.110

§ 5-12.111

No person shall commit or cause to be committed any of the following acts, unless a permit has first been obtained:

• (a) A discharge of a pollutant into any pipe or channel to a watercourse/storm drain system;

• (b) Modify the natural flow of water in storm drain system;

• (c) Deposit in, plant in or remove any material from any storm drain system including its banks, except as required for maintenance;

• (d) Construct, alter, enlarge, connect to, change or remove any structure in a storm drain system; or

• (e) Place any loose or unconsolidated material along the side of or within a storm drain system, or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being transported by storm waters passing through a storm drain system.

• (§ 2, Ord. 735, eff. March 12, 1999)

• (a) The Director shall be authorized to enter public or private property to investigate the source or potential source of a suspected illicit discharge to a storm drain system or watercourses located within the City at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance.

• (b) The Director may inspect public or private property for the purpose of verifying compliance with this chapter, including, but not limited to: (1) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (2) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (3) investigating the natural slope at the location, the runoff coefficient, drainage patterns and man-made conveyance systems (including roads with drainage systems, catch basin, curbs, gutters, man-made channels and storm drains); (4) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (5) locating any illicit connection or the source of any illicit discharge; (6) evaluating compliance with any storm water pollution control plan; and (7) evaluating compliance with any permit issued pursuant to this chapter.

• (c) The Director may examine and copy such records as are necessary to determine compliance with the provisions of this chapter.

• (d) The Director may inspect, sample and test any area of runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The Director may investigate the integrity of all storm drain and sanitary sewer systems or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Director may take photographs or videotape, make measurements or drawings and create any other record reasonably necessary to document conditions on the property.

• (e) The Director may undertake monitoring and analysis including both the construction and

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City of Ojai, CA § 5-12.111

OJAI CODE

§ 5-12.112

maintenance of devices at the owners' expense, or require the owner or person in charge of day-to-day operations of the property to undertake construction and maintenance of devices, at the owners' expense, for the purpose of measuring any discharge or potential source of discharge to the storm drain system.

• (f) The owner or person in charge of day-to-day operations of property subject to inspection shall provide copies of test results to the City. On submission of a written request to the Director, such person shall be entitled to receive copies of test results conducted by the Director.

• (§ 2, Ord. 735, eff. March 12, 1999)

• (a) The Director shall review each report of illicit connection or illicit discharge, and, if appropriate, may serve a notice of violation to the owner and/or person in charge of day-today operations of any public or private property, as to which an illicit connection or illicit discharge exists. The notice of violation will:

  • (1) Identify the provision(s) of this chapter, the applicable storm water pollution prevention plan, storm water pollution control plan or permit alleged to have been violated; and

  • (2) State that continued noncompliance may result in civil, criminal or administrative enforcement actions against the owner and/or person in charge of day-to-day operations; and

  • (3) State a compliance date that must be met by the owner and/or person in charge of day-to-day operations; and

  • (4) Describe the manner of abatement required; and

  • (5) Order remediation work.

• (b) The notice of violation may include, where deemed applicable by the Director, the following terms and requirements:

  • (1) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized illicit discharges, including, but not limited to, the threat of an illicit discharge from any pond, pit, well, surface impoundment, holding or storage area; and

  • (2) Specific steps and time schedules for compliance as reasonably necessary to prevent; and

  • (3) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; and

  • (4) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water runoff; and

  • (5) Any other terms or requirements calculated to prevent continued or threatened violations of this chapter, including, but not limited to, requirements for compliance

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-12.112

§ 5-12.113

with BMPs guidance documents promulgated by any federal agency, the State of California or the City; and

• (6) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of the storm water quality management plan, a storm water pollution prevention plan, storm water pollution control plan or permit issued pursuant hereto, or this chapter.

• (c) The Director:

  • (1) Shall review and, if appropriate, may issue a cease and desist order where the public health, safety and/or welfare requires the same, directing the owner and/or person in charge of day-to-day operations of any public or private property and/or any other person responsible for a violation of this chapter to:

    • (A) Immediately discontinue any illicit connection or illicit discharge to the storm drain system;

    • (B) Immediately contain or divert any flow of nonstorm water off the property, where the flow is occurring in violation of any provision of this chapter;

• (C) Immediately discontinue any other violation of this chapter; and

  - (D) Clean up the area affected by the violation. 
  

  • (2) May direct by cease and desist order that the owner or other person in charge of dayto-day operations or any permittee under any applicable permit, immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, permit or this chapter.

• (d) The Director shall serve an invoice for costs upon the owner and/or person in charge of day-to-day operations of any public or private property or any other responsible person who is subject to a notice of violation or a cease and desist order. An invoice for costs shall be immediately due and payable to the City. If any owner or person in charge of day-to-day operations, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, the City may institute collection proceedings.

• (e) Any notice of violation, cease and desist order or invoice for costs (collectively "order") shall be served pursuant to the requirements of this chapter and shall be subject to the following:

  • (1) Each order shall state that the recipient has a right to appeal the matter as set forth in this chapter.

  • (2) The order shall include the address of the affected property and be addressed to the owner as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the City.

• (3) If the owner or person in charge of day-to-day operations of affected property cannot be located after the reasonable efforts of the Director, the order shall be deemed served 10 business days after posting on the property.

• (§ 2, Ord. 735, eff. March 12, 1999)

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City of Ojai, CA § 5-12.113

OJAI CODE

§ 5-12.114

Any person aggrieved by the issuance of an order may appeal from the issuance of such order in accordance with the following:

• (a) Any such appeal shall be filed in writing within 15 days of the date of service of the order by the Director upon the appealing party.

• (b) No such appeal shall be valid for any purpose unless it is timely filed with the City Clerk and unless a filing and processing fee is paid contemporaneously with the filing thereof in an amount as set by City Council resolution.

• (c) That upon the timely filing of such an appeal, the Hearing Officer shall set a time and place for a hearing on such appeal as expeditiously as is possible.

• (d) At the time of such hearing, the Hearing Officer shall permit any interested person to present any relevant evidence bearing on the matters involved in the issuance of the order which is the subject of the appeal. The Hearing Officer need not follow the strict provisions of the rules of evidence as utilized in a judicial proceeding, but shall follow the substance of such rule to the end that the decision rendered is based upon reliable relevant evidentiary material. The Hearing Officer's decision shall be final and conclusive and subject only to judicial review.

The provisions of Sections 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within 90 days of the occurrence of the event for which review is sought.

(§ 2, Ord. 735, eff. March 12, 1999)

• (a) Any violation of the provisions of this chapter shall be constitute a threat to the public health, safety and welfare and is hereby declared and deemed to be a nuisance. Any person who violates any provision of or fails to comply with any requirement of this chapter shall be punished in accordance with Chapter 2 of Article 1 of this Code.

• (b) Each day in which a violation occurs and each separate failure to comply with a separate provision of this chapter shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

• (c) Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the Director or the City to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

• (d) Any person acting in violation of this chapter also may be acting in violation of the CWA or the state Porter-Cologne Act and other laws and also may be subject to sanctions of these acts including civil and criminal penalties. Any condition caused or permitted to exist in violation of any of the provisions of this chapter and the enforcement processes hereinbefore provided may result in the filing of a citizen suit by the City pursuant to CWA Section 505(a), seeking penalties, damages and orders compelling compliance and other appropriate relief. The City may also notify the EPA, the RWQCB—LA, or any other

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-12.114

§ 5-12.114

appropriate state or local agency, of any alleged violation of this chapter.

• (e) The City may file, in a court of competent jurisdiction, a civil action seeking an injunction against any threatened or continuing non-compliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law.

• (f) The City may file an action for civil damages in a court of competent jurisdiction seeking recovery of (1) all costs incurred in enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, attorney's fees, all other expenses as authorized by law and consequential damages, (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health and (3) damages for irreparable harm to the environment.

• (g) The City may file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the storm drain system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the storm drain system.

• (§ 2, Ord. 735, eff. March 12, 1999)

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City of Ojai, CA § 5-13.101

SANITATION AND HEALTH

§ 5-13.102