Chapter 17.48 — ENFORCEMENT

(a) As provided under Chapter 1.08 of Title 1, violations of the provisions of this title shall be subject to criminal sanctions.

(b) The following designated employee positions may enforce the provisions of this title by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this title. The designated employee positions are: fire chief, deputy fire chief, fire marshal, fire protection manager, fire inspector, hazardous materials specialist, hazardous materials inspector, and the following employee positions, when such employees are assigned to the rescue unit: captain, apparatus operator and firefighter.

(Ord. 4574 § 1, 1999: 4066 § 11, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Violations of Chapter 6.95 of Division 20 of the California Health and Safety Code by any handler shall be punishable as provided therein.

(Ord. 4002 § 1 (part), 1990: Ord. 3716 § 4, 1986)

(a) Any person who intentionally or negligently violates any provision of this title, or fails to comply with any order issued thereunder, shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for each day of violation which shall be assessed and recovered in a civil action brought in the name of the people by the city attorney.

(b) Any operator of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand

dollars for each underground storage tank for each day of violation for any of the following violations:

(1) Operating an underground tank system which has not been issued a permit, in violation of this title.

(2) Violation of any of the applicable requirements of the permit issued for the operation of the underground tank system.

(3) Failure to maintain records, as required by this title.

(4) Failure to report an unauthorized release, as required by Section 17.10.160.

(5) Failure to properly close an underground tank system, as required by Section17.10.170.

(6) Violation of any applicable requirement of this title or any regulation adopted by the State Water Resources Control Board pursuant to Section 25299.3 of the California Health and Safety Code.

(7) Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to Sections17.10.080 or 17.10.090.

(8) Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this title.

(c) Any owner of an underground tank system shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for each underground storage tank, for each day of violation, for any of the following violations:

(1) Failure to obtain a permit as specified by this title.

(2) Failure to repair or upgrade an underground tank system in accordance with this title.

(3) Abandonment or improper closure of any underground tank system subject to this title.

(4) Knowing failure to take reasonable and necessary steps to assure compliance with this title by the operator of an underground tank system.

(5) Violation of any applicable requirement of the permit issued for operation of the underground tank system.

(6) Violation of any applicable requirement of this title, or any regulation adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code.

(7) Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to Section17.10.080 or 17.10.090.

(8) Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this title.

(d) Any person who intentionally fails to notify the State Water Resources Control Board or the city when required to do so by this title or who submits false information in a permit application, amendment, or renewal, is liable for a civil penalty of not more than five thousand dollars for each underground storage tank or storage facility for which notification is not given or false information is submitted.

(e) Any person who falsifies any monitoring records required by this title, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars or more than ten thousand dollars, by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.

(f) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

(g) In any civil action brought pursuant hereto, in which the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action.

(h) Each civil penalty or criminal fine imposed pursuant to this section for any separate violation shall be separate, and in addition to, any other civil penalty or criminal fine imposed pursuant to this section or any other provision of law, and shall be paid to the treasury of the city.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, administrative, civil or criminal.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

A civil action may be instituted against any employer by an employee who has been discharged, demoted, suspended or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this title to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorneys' fees. The court may award punitive damages in a proper case.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

(a) When any person has engaged in, is engaged in, or is about to engage in any acts or practices which violate this title, or any rule, regulation, permit, standard, requirement, or order issued, adopted, or executed pursuant to this title, the city attorney may apply to the superior court for any order enjoining these acts or practices, or for any order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order.

(b) In any civil action brought pursuant to this title in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any state of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued or that the remedy at law is inadequate. The temporary restraining order, preliminary injunction, or permanent injunction shall be issued without the allegations and without this proof.

(Ord. 4002 § 1 (part), 1990)