Article VII — Enforcement

The director may require any person responsible for an illicit discharge, pollutant release, or threatened prohibited discharge to immediately cease and desist such activity or discharge, to contain any discharge, release, or spill, and to clean the area. The director may require the property owner and the responsible person to abate and clean up the discharge, spill or pollutant and to implement BMPs immediately or by a specified time or date.

(Ord. No. 993 N.S. § 1, 7-2-2013)

A.

The Director may issue a written notice of violation to any owner or occupant of any premises, or any person responsible for a violation of this chapter, including but not limited to, illicit connection, prohibited discharge, maintenance of a threatened prohibited discharge, failure to implement BMPs. The notice of violation shall identify the provisions of this Chapter which has been violated and shall direct that the violation(s) be corrected within such time specified in the notice

B.

Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without issuing a notice of violation; however, such notice of violation shall be issued as soon as possible.

(Ord. No. 993 N.S. § 1, 7-2-2013)

The responsible person for any premises from which there occurs any non-storm water discharge shall abate the discharge and clean up the affected area. The director may require the responsible person to abate and clean up the discharge, spill or pollutant and to implement BMPs immediately or by a specified time or date.

(Ord. No. 993 N.S. § 1, 7-2-2013)

If any violation of this chapter is not corrected pursuant to the requirements set forth in a notice of violation, cease and desist order or any other enforcement mechanism, then the city is authorized to enter onto the subject private property and is authorized to take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for any person to refuse to allow the city to enter upon the premises for the purposes set forth in this section. All expenses related to abatement and restoration activities undertaken by the city shall be fully reimbursed by the property owner(s) and responsible party(ies) in accordance with Section 14.20.320.

(Ord. No. 993 N.S. § 1, 7-2-2013)

The director is authorized to require the immediate abatement of any violation of this chapter that, in the director's opinion, constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not immediately abated as directed by the director, the city is authorized to entry onto private property and to take any and all measures required to remediate the violation. All expenses related to such remediation undertaken by the city shall be fully reimbursed by the property owner(s) and responsible party(ies) in accordance with Section 14.20.320. Any relief obtained under this section shall not preclude the city from seeking other and further relief authorized under this chapter.

(Ord. No. 993 N.S. § 1, 7-2-2013)

Within thirty days after abatement or restoration by the city, the director shall notify the property owner of the cost of abatement and restoration, including administrative costs.

If the amount due is not paid within thirty days of the, or within thirty days from the expiration of the time in which to file an appeal pursuant to this section, the city may seek recovery of charges as a special assessment against the property and as a lien on the property for the amount of the assessment.

(Ord. No. 993 N.S. § 1, 7-2-2013)

A violation of any provision of this chapter may be subject to an administrative citation and fee, as set forth in Section 1.02.010.

(Ord. No. 993 N.S. § 1, 7-2-2013)

It is unlawful for any person to violate any provision of this chapter or any order issued pursuant to this chapter.

Civil Actions. In addition to any remedy provided at law or equity, if any person violates any provision of this chapter or any order issued pursuant to this chapter, the city may commence a civil action for appropriate legal and equitable relief in any appropriate court.

Criminal Penalties. In addition to any remedy provided at law or equity, a violation of, or failure to comply with, any of the requirements of this chapter shall be punishable as a misdemeanor. The city may seek criminal penalties to the maximum extent permitted by the California Penal Code. Each day on which a violation occurs or continues shall be a separate and distinct offense.

Any person who violates any of the provisions of this chapter, or fails to comply with any order made there under, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor.

(Ord. No. 993 N.S. § 1, 7-2-2013)

In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

(Ord. No. 993 N.S. § 1, 7-2-2013)

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 the Porter-Cologne Water Quality Control Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 993 N.S. § 1, 7-2-2013)

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the director or city attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this ordinance.

(Ord. No. 993 N.S. § 1, 7-2-2013)