Article 3 — Inspection and Enforcement

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized City enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the City official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that:

(a)

If such building or premises be occupied, he or she shall first present proper credentials and request entry; and

(b)

If such building premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

Any request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby prepared to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.

In accordance with the authority to inspect, no person shall refuse, resist, restrict, delay or interfere with the enforcement officer's performance of his or her duties.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

(a)

The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

(b)

No person shall tamper with, destroy or otherwise interfere with sampling or monitoring equipment or activities.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

(a)

General authority. Any authorized enforcement official is authorized to enforce the provisions of this chapter and to exercise any enforcement powers authorized in this chapter, including the imposition of administrative requirements, orders and penalties pursuant to this chapter, as may be necessary to effectively implement and enforce this chapter. The authorized enforcement official is authorized to exercise any of the following enforcement powers as he or she determines may be necessary or appropriate in the enforcement official's judgment under the circumstances.

(b)

Administrative actions. In addition to any other enforcement powers and remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements to achieve compliance, a timetable for compliance and such other remedial and/or preventive action as may be necessary. If the violator fails to comply with such an order, the City may take further enforcement action as specified in this chapter, or as authorized by any other provision of local, state or federal law. At the discretion of the authorized enforcement official, enforcement may include the following:

(1)

Verbal warnings, as may be issued during inspections.

(2)

Warning letters and orders to abate pollution.

(3)

Warning letters and requirements to submit written reports of compliance efforts.

(4)

Administrative citations. The penalty amounts imposed pursuant to this chapter shall be set forth in a schedule of penalties established by resolution of the City Council. In the event that there is no applicable schedule of penalties established by resolution of the City Council, the following penalty schedule shall apply for violations within a 12-month period: first offense: Two Hundred Fifty and no/100ths ($250.00) Dollars per violation; second offense: Five Hundred and no/100ths ($500.00) Dollars per violation; each additional offense: One Thousand and no/100ths ($1,000.00) Dollars per violation.

(5)

Civil actions or criminal enforcement actions as authorized by the City of Pacifica Municipal Code.

(c)

Notice of violations (NOV). Whenever the enforcement official determines that a person owning or occupying a premises has violated or is in violation of this chapter or order issued under this chapter, the enforcement official may serve, by personal service, or registered or certified mail, upon the person a

written NOV. Within ten (10) days of the receipt of the notice or other period as may be prescribed in the NOV, or prior to the next rain event, the person to whom the NOV has been issued shall provide the enforcement official a written explanation or denial of the violation and, if the person does not deny the violation, a plan for correction of the NOV, which shall include without limitation specific actions or mitigations required by the enforcement official in the NOV. Submission of this plan shall not relieve the person of any liability for any violation before or after receipt of the NOV.

(d)

Cease and desist orders. The enforcement official may require any person owning or occupying premises to cease and desist all activities that may cause or contribute to a discharge in violation of this chapter. This order may also require such person to:

(1)

Comply with the applicable provisions of this chapter within a designated period of time; or

(2)

Take such other appropriate remedial or preventative action the enforcement official determines to be necessary to prevent the violation from recurring.

(e)

Notice to clean and abate. The enforcement official may require any person owning or occupying premises to clean up and abate any release of one or more pollutants on those premises, which would otherwise result in a violation of this chapter. The enforcement official may also require any person owning or occupying premises to clean up and abate any accumulation of one or more pollutants on those premises which have the imminent potential to result in a violation of this chapter due to a forecasted rainfall or severe wind event.

(f)

Mitigation. The enforcement official shall have the authority to order the mitigation of any condition, activity or circumstance which would otherwise result in or contribute to illicit discharges.

(g)

Storm water pollution prevention plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require a business or person to adopt and implement such a plan, as may be reasonably necessary to comply with this chapter and applicable local, state or federal storm water laws and regulations.

(h)

Best management practices. The enforcement official may establish and impose the requirements for best management practices for any premises.

(i)

Emergency orders and abatements. The enforcement official may order the abatement and cleanup of any discharge from any source to the storm water system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition which presents an imminent danger to public health, safety, welfare or the environment. Discharges in violation of this chapter are considered as presenting an imminent danger to the environment. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that the service of notice to abate cannot be effected without presenting an immediate danger to the public health, safety and welfare or the environment or a violation of the NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate the threat or danger. The City is authorized to recover all costs of any such abatement from the property owner or other responsible party.

(j)

Appeals. An aggrieved party may appeal a notice of violation, cease and desist order, or other order or notice issued by the enforcement official pursuant to this chapter.

(1)

An appeal of any action taken by the enforcement official (other than an appeal of an administrative citation, which is addressed in subdivision (j)(2) of this Section 6-12.303) shall be subject to the following requirements procedures: The appeal shall be in writing, shall fully state all legal and factual bases for the appeal, and shall be filed with the City Clerk within ten (10) calendar days following service of the notice of violation, cease and desist order, or other order or notice issued by the enforcement official. The City Manager shall designate or appoint a Hearing Officer who shall be selected in a manner that avoids the potential for pecuniary or other bias, and in no event shall the enforcement official, nor any other officer or employee in his or her department, be the Hearing Officer. Appeal hearings are informal, and formal rules of evidence do not apply. The Hearing Officer may approve, disapprove or modify the decision of the enforcement official. The decision by the Hearing Officer shall be in writing and shall set forth the Hearing Officer's findings. The Hearing Officer's decision shall be final and conclusive. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all lawsuits seeking judicial review of the Hearing Officer's decision.

(2)

An appeal of an administrative citation issued pursuant to subdivision (b)(4) of this Section 6-12.303 shall be governed by the provisions of Chapter 6 of Title 1 of the Pacifica Municipal Code, including, without limitation, Sections 1-6.07, 1-6.08 and 1-6.09.

(k)

Authorization to file suit. The City is authorized to file a citizen suit pursuant to Clean Water Act Section 505(a), seeking penalties, damages and injunctive relief compelling compliance or other appropriate relief.

(l)

Notification. The City may notify EPA Region IX, the Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

As soon as any person has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-storm water discharges entering the City storm water system, such person shall take all necessary steps to insure the discovery and containment and cleanup of such release and shall immediately notify the City of the occurrence by telephoning 650-738-7343 and confirming the notification by correspondence within five (5) days to the City of Pacifica, Code Enforcement Officer, 170 Santa Maria Avenue, Pacifica, CA 94044.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Any authorized City enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Unless otherwise specified by this chapter, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Unless otherwise provided, a person, firm, corporation or organization, shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

In addition to any other remedies provided in this article, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

(a)

A temporary and/or permanent injunction;

(b)

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

(c)

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorney's fees and court costs;

(d)

Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter;

(e)

Civil penalties as provided for by the Pacifica Municipal Code.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)

Remedies under the article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(§ 2(Exh. A), Ord. 812-C.S., eff. January 12, 2017)