Article 7

Violations, Enforcement and Abatement

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation or failure to comply with any of the requirements of this chapter shall be subject to enforcement actions pursuant to Title 2 of the Oroville Municipal Code.

(Ord. 1807 § 1, 2015)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance as defined in Title 9 of this Code and may be summarily abated or restored by the city at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.

(Ord. 1807 § 1, 2015)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the administrator; prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or at any other reasonable time as determined by the administrator.

(Ord. 1807 § 1, 2015)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the PorterCologne Water Quality Control Act and may be subject to sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter may also include written notice to the violator of such potential liability. (Ord. 1807 § 1, 2015)

• A. Any person who violates a provision of this chapter is subject to either administrative, civil, or criminal liability as provided in the Oroville Municipal Code.

• B. The administrator is granted the authority to use any of the provisions of Sections 8.20.390 through 8.20.410 where appropriate, and/or Title 2 and Title 9 to correct violations of and to secure compliance with the provisions of this chapter.

• (Ord. 1807 § 1, 2015)

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City of Oroville, CA

OROVILLE CODE

§ 8.20.370

§ 8.20.370

• A. Whenever the administrator determines that any person has violated this chapter, or that a violation may occur, the administrator may provide a warning to the person responsible for the condition giving rise to such violation or potential violation. At the administrator's discretion such warning may include the distribution of educational materials to assist in future compliance with this chapter. Issuance of a warning shall not be a requirement prior to using any enforcement provisions of this chapter.

• B. Whenever the administrator determines that a violation has occurred, or may occur, the administrator may serve a notice of noncompliance to any person responsible for the violation or potential violation as specified in Title 2. Each notice of noncompliance may also contain the following information:

  1. The date of the violation;

  2. The address or a definite description of the location where the violation occurred;

  3. The chapter section violated and a description of the violation;

  4. A description of how the violation can be corrected;

  5. A time limit by which the noncompliance shall be corrected;

  6. A description of further enforcement and/or corrective actions to be taken by the city if noncompliance is not fully corrected by the time limit;

  7. The name and signature of the individual preparing the notice of noncompliance; and

  8. Notice of potential liability under the Clean Water Act or Porter-Cologne Water Quality Act.

• C. In lieu of or following the procedures set forth in subsections A and B of this section, if the administrator finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the administrator may order compliance by issuing a written notice of violation as specified in Title 2 to the responsible person. Such notice may also require without limitation the following:

  1. The performance of monitoring, analyses, and reporting;

  2. The elimination of illicit connections or discharges;

  3. The violating discharges, practices, or operations shall cease and desist;

  4. The abatement or remediation of stormwater pollution or contamination and the restoration of any affected property;

  5. Payment of a fine to cover administrative and remediation costs;

  6. The implementation or maintenance of source control facilities or treatment BMPs;

  7. Notice of potential liability under the Clean Water Act or the Porter-Cologne Water Quality Act;

  8. The completion of required maintenance of a private watercourse pursuant to Section 8.20.120.

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City of Oroville, CA

HEALTH AND SAFETY

§ 8.20.370

§ 8.20.420

• D. If abatement for a violation and/or restoration of affected property is required, notices and deadlines for remediation or restoration shall be as specified in Title 2. Notices shall further advise that, should the violator fail to remedy or restore within the established deadline, the work will be done by the city or a contractor designated by the administrator and the expense thereof shall be charged to the violator pursuant to Section 8.20.400.

• (Ord. 1807 § 1, 2015)

Any person receiving a written notice of violation under Section 8.20.370, or aggrieved by any other action or determination of the administrator, may appeal by filing a written notice of appeal as specified in Title 2. The appeal must be filed within 30 calendar days of the notice, action or determination.

(Ord. 1807 § 1, 2015)

If the violation has not been corrected pursuant to the requirements set forth in Section 8.20.370, or in the event of a denial of an appeal under Section 8.20.380, then city staff or a contractor designated by the administrator may 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. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the administrator or designated contractor to enter upon the premises for the purposes set forth above. In the event the person, owner, agent or person in possession refuses the administrator or designated contractor said entry, the administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry. (Ord. 1807 § 1, 2015)

After abatement of the nuisance by the city, the administrator shall notify the property owner of the cost of abatement, including administrative costs pursuant to Title 9. The bill shall also state that failure to pay the abatement and administrative costs within 30 days from service of the bill may result in the recording of a lien and the placement of a special assessment against the property pursuant to Title 9 and/or as provided for by state law. (Ord. 1807 § 1, 2015)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the administrator may impose upon a violator alternative compensatory action, including, but not limited to, performing storm drain stenciling or marking, attendance at compliance workshops or creek cleanups, or other activities that raise awareness of stormwater pollution. (Ord. 1807 § 1, 2015)

The administrator is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the administrator, the city is authorized to enter onto private property and to take any and all measures required to remedy the violation. In

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City of Oroville, CA

OROVILLE CODE

§ 8.20.420

§ 8.20.420

the event the person, owner, agent or person in possession refuses the administrator or designated contractor said entry, the administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. (Ord. 1807 § 1, 2015)

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City of Oroville, CA