Article 8 — Enforcement and Remedies

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Editor's note— Ord. 784 C.S., § 2(Exh. B), effective December 28, 2011, amended Art. 8 in its entirety to read as set out herein. Former Art. 8, §§ 6-10.801—6-10.803, pertained to violations; penalties and derived from § 1, Ord. 181-C.S., eff. September 13, 1976.

The Director may adopt procedures and rules for the implementation and administration of this chapter. The Director shall enforce the provisions of this chapter, including requirements established or permits issued hereunder, as provided herein.

(a)

Requiring submittal of schedule of remedial or preventive measures. When the Director finds that a discharge of sewage is taking place or threatening to take place that violates or will violate this chapter or the provisions of a permit issued hereunder, the Director may require the person responsible for the discharge or threatened discharge to submit for approval of the Director, with such modifications as he deems necessary, a detailed time schedule of specific actions the person will take in order to correct or prevent a violation of this chapter or the permit.

(b)

Issuance of cease and desist orders. When the Director finds that a discharge of sewage is taking place or threatening to take place that violates or will violate this chapter or the provisions of a permit issued hereunder, the Director may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limits, requirements, or provisions (1) comply forthwith, (2) comply in accordance with a time schedule set by the Director, or (3) take appropriate remedial or preventative action.

(c)

Damage to facilities. When the discharge of sewage causes an obstruction, damage, or other impairment to any sewage works, the Director may recover costs from the person responsible for the obstruction, damage or impairment to correct the problem.

(d)

Termination of service. The City may terminate or cause to be terminated sewage service to any premises if a violation of any provision of this chapter is found to exist. This provision is in addition to other statutes, rules, or regulations authorizing termination of service for delinquency in payment, or for any other reason.

(e)

Appeal procedures. Any person affected by any decision, action, or determination, including cease and desist orders, made by the Director pursuant to this section in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the Director a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the request. The Director may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the Director within ten (10) days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the Director. If the ruling made by the Director is unsatisfactory to the person requesting reconsideration, he may, within thirty (30) days after notice of the action by the Director, file a written appeal to the City Manager. The written appeal shall state all pertinent aspects of the matter and shall include the hearing record if one was requested. Within thirty (30) days after the written appeal is received, the City Manager shall hold a hearing after due notice to the appellant. The City Manager may establish rules and regulations governing the hearings of such appeals. The City Manager shall make a final ruling on the appeal within ten (10) days after close of the hearing. The decision, action, or determination shall remain in effect during such period of review by the City Manager. If the decision of the City Manager is unsatisfactory to the person appealing, he may file a written appeal to the City Council within thirty (30) days after receipt of the decision. The City Council may hear the appeal or refer the matter to a neutral hearing officer for an advisory opinion. The City Council shall make a final ruling on the appeal within ten (10) days of the close of the hearing or receipt of the advisory opinion. The decision, action, or determination shall remain in effect during such period of review by the City Council. The Director may adopt rules and regulations to implement the provisions of this section.

(§ 2(Exh. B), Ord. 784 C.S., eff. December 28, 2011)

The Director may impose penalties, up to specified maximums, against any person who violates the provisions of this chapter. For purposes of this section of the chapter, the Director or his/her designee shall be the hearing officer.

(a)

Issuance of complaints.

(1)

The Director may issue a complaint to any person on whom civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability.

(2)

The complaint shall be served by personal notice or certified mail on the person, and shall inform the party served that a hearing shall be conducted within sixty (60) days after the party has been served unless the person who has been issued the complaint waives the right to a hearing in writing within ten (10) days of the issuance of the complaint.

(b)

Civil liability penalties. Civil liability may be imposed by the Director as follows:

(1)

In an amount which does not exceed Five Thousand and no/100 ($5,000.00) Dollars for each day of intentionally or negligently discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code.

(2)

In an amount which does not exceed Ten and no/100 ($10.00) Dollars per gallon for discharges in violation of any of the City's cease and desist or other orders, or prohibitions issued, reissued, or adopted by the City.

(3)

Unless appealed, orders setting administrative civil liability shall become effective and final upon issuance thereof, and payment shall be made within thirty (30) days.

(c)

Appeal.

(1)

A person dissatisfied with the decision of the Director may appeal in writing to the City Manager within thirty (30) days of notice of the Director's decision. A person dissatisfied with the decision of the City Manager may appeal in writing to the City Council within thirty (30) days of notice of the City Manager's decision.

(2)

Any party aggrieved by a final order issued by the City Council may obtain review of the order of the Council in the superior court by filing in the court a petition for writ of mandate within thirty (30) days following the issuance of the order by the Council.

(§ 2(Exh. B), Ord. 784 C.S., eff. December 28, 2011)

(a)

Any person who intentionally discharges any material into any sewer in violation of any order issued by the Director, City Manager or City Council, or in violation of Article 4 of this chapter, is guilty of a misdemeanor and may be subject to criminal penalties of not more than One Thousand and no/100 ($1,000.00) Dollars per day for each such violation.

(b)

Any person who knowingly makes any false statement or representation in any record, report, plan, or other document filed with the City, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the City, shall be punished by a fine of not more than Twenty-Five Thousand and no/100 ($25,000.00) Dollars or by imprisonment in the county jail for not more than six (6) months, or by both.

(§ 2(Exh. B), Ord. 784 C.S., eff. December 28, 2011)

The City may pursue any of the alternative civil remedies herein against any discharger who violates the provisions of this chapter.

(a)

Civil enforcement penalties.

(1)

Any person who fails to comply with any order issued by the City shall be subject to a civil penalty not to exceed Ten Thousand and no/100 ($10,000.00) Dollars for each day in which the violation occurs.

(2)

Any person who intentionally or negligently violates any order issued by the City for violation of rules regulating or prohibiting discharge of sewage which causes or threatens to cause a condition of contamination, pollution or nuisance may be liable civilly in a sum not to exceed Twenty-Five Thousand and no/100 ($25,000.00) Dollars for each day in which the violation occurs.

The attorney of the City, upon request of the City Council, shall petition the Superior Court to impose, assess, and recover such sums.

(b)

Injunction. Whenever a discharge of sewage is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, or whenever non- discharge violations occur including failure to allow the City's inspectors access to an premises, the City

may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such violations.

(§ 2(Exh. B), Ord. 784 C.S., eff. December 28, 2011)