Article III

• (a) Authorization to Adopt and Impose Best Management Practices. The city may adopt, and from time to time amend, requirements identifying best management practices for activities, operations, or facilities which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP guidance series. BMP requirements may incorporate by reference best management practices promulgated by federal, state of California, or regional agencies. Where best management practices requirements are promulgated in the BMP guidance series, each person who discharges pollutants to the storm drain system or waters of the U.S., and each person owning or operating any facility that may cause such a discharge, shall comply with those BMP requirements.

The public works director will periodically report to the city council on the status of implementation of BMPs and new BMPs that may be developed for inclusion in the BMP guidance series.

• (b) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of BMP requirements promulgated pursuant to subsection (a) of this section, each person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of each commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system and/or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the expense of the owner or operator.

• (c) Construction Sites. The city's BMP guidance series shall include best management practices to reduce pollutants in any storm water runoff from construction activities. The city may incorporate BMPs and other requirements in any land use entitlement and construction or building-related permit issued relating to such development or redevelopment. The owner and operator shall comply with the terms, provisions, and conditions of such land use entitlements and building permits and as required by this chapter.

Construction activities subject to BMP requirements shall continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, contamination, or unauthorized discharge of pollutants.

• (d) New Development and Redevelopment. The city shall require appropriate best management practices (BMPs) to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as required by the NPDES permit to minimize the generation, transport and discharge of pollutants. The city shall incorporate BMP requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land

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City of Pacific Grove, CA

HEALTH

§ 9.30.130

§ 9.30.160

use entitlements and building permits as required in this chapter and the NPDES permit as it may be amended from time to time.

These requirements may include a combination of structural and nonstructural BMP requirements to ensure the proper long-term operation and maintenance of these BMPs, including inspections and right of entry by city staff or agent to ensure compliance with the requirements of this article or to enforce any provision of this article.

• (e) The provisions and requirements of this chapter shall become effective upon its adoption except that:

  • (1) The provisions and requirements pertaining to construction sites, as described in subsection (c) of this section, and in the BMP guidance series as described in this subsection (a) of this section, shall not become effective until October 1, 2007; and

  • (2) The provisions and requirements pertaining to new development and redevelopment, as described in subsection (d) of this section, shall not become effective until March 6, 2014.

• (Ord. 07-002 § 2, 2007; Ord. 14-001 § 1, 2014)

Notwithstanding the requirements of PGMC § 9.30.200 or § 9.30.220 herein, the public works director may by written notice require that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 07-002 § 2, 2007)

• (a) The public works director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this chapter.

• (b) If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

• (Ord. 07-002 § 2, 2007)

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 9.30.160

§ 9.30.190

watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. (Ord. 07-002 § 2, 2007)

Whenever the public works director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the U.S., the public works director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of PGMC § 9.30.220 through § 9.30.280.

(Ord. 07-002 § 2, 2007)

The public works director may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or nonstorm water discharges to the storm drain system or waters of the U.S., to undertake, at said person's expense, such monitoring and analyses and furnish such reports to the city as the public works director may deem necessary to determine compliance with this chapter.

(Ord. 07-002 § 2, 2007)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (e.g., calling "911"). In the event of a release of nonhazardous materials, said person shall notify the city's public works department in person or by phone or facsimile no later than 4:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed, postage prepaid, to the city's public works department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years, and shall be provided to the city public works director upon request. (Ord. 07-002 § 2, 2007)

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City of Pacific Grove, CA

HEALTH

§ 9.30.200

§ 9.30.210

Article IV Inspection And Monitoring

The public works director is authorized to enforce any provision of this chapter. The public works director is authorized to request entry permission to inspect premises, to facilitate reasonable inspection of facilities and property, and to inspect and copy records related to storm water compliance whenever the director has sufficient and probable cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter.

In the event the owner or occupant refuses entry, or access to records, after a request to enter and inspect has been made, the public works director is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 07-002 § 2, 2007)

During any inspection as provided herein, the public works director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

(Ord. 07-002 § 2, 2007)

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City of Pacific Grove, CA § 9.30.220

HEALTH

§ 9.30.250

Article V Enforcement

Whenever the public works director has cause to believe a person has violated a prohibition or failed to meet a requirement of this chapter, the director shall provide written notice of the alleged violation to that person. If the location of the individual is not known, this notice shall be conspicuously posted at the site of the violation. The notice shall provide that person or property owner(s) an opportunity to be heard as to (a) why abatement of the alleged violation and/or restoration of affected property should not be required, (b) why compliance measures stated by PGMC § 9.30.260 shall not apply, and/or (c) why an administrative civil penalty assessment shall not be imposed.

The notice shall set forth a deadline following such hearing within which remediation or restoration shall be completed. The notice shall advise that, should the violator fail to remediate the violation within the established deadline, the remediation work may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged to the violator pursuant to PGMC § 9.30.320.

(Ord. 07-002 § 2, 2007)

Whenever construction activity is being done contrary to and in violation of this chapter, the public works director may order that construction activity to stop by posting a written notice on the premises. All persons shall immediately stop such work unless or until the public works director authorizes removing the stop work order and allows construction activity to proceed. (Ord. 07-002 § 2, 2007)

In accord with the notice issued under PGMC § 9.30.220, the public works director shall provide person(s) alleged to have violated a prohibition or failed to meet a requirement of this chapter with an opportunity to be heard and to controvert evidence of the violation, and/or evidence pertaining to remediation efforts or other enforcement remedies.

This proceeding may be held by the public works director, or by a delegated agent. The city shall have the burden to prove, by a preponderance of evidence, noncompliance or violation of provisions of this chapter. The decision shall be written and served upon all affected persons and/or property owners. A determination that a violation occurred shall incorporate therein an administrative compliance order, and shall state whether or not an administrative civil penalty assessment shall be assessed.

(Ord. 07-002 § 2, 2007)

When supported by a preponderance of evidence adduced at the hearing held under PGMC § 9.30.240 that a violation of this chapter has occurred, the public works director shall issue a written administrative compliance order that specifies therein the violation(s) and compliance measures needed to abate, remedy or remediate each violation. The administrative compliance order may impose an administrative civil penalty assessment for any violation.

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City of Pacific Grove, CA

HEALTH

§ 9.30.250

§ 9.30.300

The public works director may also refer any violation of this chapter to the city attorney who may issue a citation to the responsible party and/or property to appear in municipal court for imposition of penalties as set forth in PGMC § 1.16.010. (Ord. 07-002 § 2, 2007)

Compliance measures imposed to abate, remedy or remediate violations of this chapter may include, but shall not be limited to one or more of the following, without limitation:

• (a) Cease and desist violating discharges, practices, or operations;

• (b) The elimination of illicit connections or discharges;

• (c) The implementation of source control or treatment BMPs;

• (d) The performance of monitoring, analyses, and reporting;

• (e) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

• (f) Payment of an administrative civil penalty assessment;

• (g) Payment of fees to compensate remediation costs incurred by the city or its contractors;

• (h) Payment of fees to compensate for administrative costs incurred by the city or its contractors relating to enforcement, monitoring or reporting; and

• (i) Deposit of an undertaking, or presentation of a bond to assure completion of remediation and/or compliance efforts.

• (Ord. 07-002 § 2, 2007)

All notices/orders shall be served (a) by personal service, or (b) by certified mail, with a duplicate copy sent by first class mail, postage prepaid. Any notice/order served by mail shall be deemed received for purposes of time computation hereunder, five days after the date mailed, if to an address within this state and seven days after the date mailed, if to an address outside this state.

(Ord. 07-002 § 2, 2007)

Upon receipt of notice of administrative civil penalty assessment, the alleged violator may request a conference with the city manager or designee. The city manager or designee may compromise or settle any unpaid administrative civil penalty assessment. A request to settle under this section shall not act as a stay, or otherwise affect the filing or processing of an appeal under PGMC § 9.30.300.

(Ord. 07-002 § 2, 2007)

An affected party may appeal the determination of noncompliance or violation of provisions

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City of Pacific Grove, CA § 9.30.300

PACIFIC GROVE CODE

§ 9.30.330

of this chapter, the administrative compliance order, and/or the administrative civil penalty assessment made pursuant to PGMC § 9.30.240, or the stop work order made pursuant to PGMC § 9.30.230.

The notice of appeal must be received by the city manager within 10 calendar days from the date of the violation determination, or from the date of the stop work order for an appeal of that order. The appeal shall state the name and address of the appellant, the name of any representative, the portion of the determination being appealed, the reason the determination is incorrect, and a statement as to what the correct determination should be. Failure to file such a statement within the time or manner set forth shall constitute a waiver of objection and the appeal shall be dismissed.

The city council shall convene a hearing to review the matter, and based on (a) the record of proceedings held pursuant to PGMC § 9.30.240 and (b) evidence presented to the city council, the city council shall render its de novo determination on the matter(s) appealed. The city shall provide written notice of action taken on the appeal, including revisions to the administrative compliance order, as appropriate, and such action shall be final. (Ord. 07-002 § 2, 2007)

In circumstances where remediation work is not completed within the time limit stated by a notice issued under PGMC § 9.30.220 or within the date required in the administrative compliance order, remediation work specified in the administrative compliance order may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged pursuant to PGMC § 9.30.320.

(Ord. 07-002 § 2, 2007)

Within 30 days after abatement of the nuisance by the city, the public works director shall notify the property owner of the property of the cost of abatement, including administrative costs and attorney fees. The property owner may file a written protest objecting to the amount of the charge with the city clerk within 15 days. The city clerk shall set the matter for public hearing before the city council. The decision of the city council shall be final.

The amount due shall be paid within 10 days of the decision of the city council or the expiration of such time as the council may otherwise set for payment. Thereafter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The city clerk shall cause an entry to be made on the tax roll apposite the description of the property, as follows: "Abating public nuisance, $____," filling in the amount of the expense in each particular case, and the auditor/tax collector shall cause a corresponding entry to be made on the current assessment roll for the property, and thereafter before any further payment shall be received for any tax or for the redemption of said property, the cost of abating such nuisance shall first be paid. (Ord. 07-002 § 2, 2007)

The public works director is authorized to require immediate urgent abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the

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City of Pacific Grove, CA

HEALTH

§ 9.30.330

§ 9.30.370

public. If any such violation is not abated immediately as directed by the public works director, the city is authorized to obtain an urgent judicial abatement warrant to enable entry onto private property and any and all measures required to remediate the violation. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party in accord with PGMC § 9.30.320. (Ord. 07-002 § 2, 2007)

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 of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor and shall be punished as set forth in PGMC § 1.16.010.

(Ord. 07-002 § 2, 2007)

In lieu of enforcement proceedings, penalties, and/or remedies authorized by this chapter, the public works director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, watercourse or beach cleanup, or other remedial activity.

(Ord. 07-002 § 2, 2007)

In addition to the enforcement processes and penalties set forth in this article, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared to be a threat to public health, safety, and welfare of this city. Any such condition is declared and deemed a public nuisance, may be deemed a violation subject to the criminal and civil enforcement provisions of Chapter 1.16 PGMC, may be summarily abated or restored by the city at the violator's expense, and/or may be subject to a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

(Ord. 07-002 § 2, 2007; Ord. 09-005 § 15, 2009)

Any person who violates any provision of this chapter, or any provision of any requirement issued pursuant to it, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. (Ord. 07-002 § 2, 2007)

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City of Pacific Grove, CA

HEALTH

§ 9.40.010

§ 9.40.020