Rancho Cordova Municipal Code Art. V Enforcement

A. The administrator may issue a notice and order to any of the following:

1. The owner or occupant of any premises, or to any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this chapter;

2. Any person or entity who fails to implement BMPs in accordance with RCMC § 15.12.200(B);

3. Any person or entity responsible for a prohibited discharge or maintenance of a threatened prohibited non-storm water discharge;

4. Any person or entity who fails to comply with the Trash Amendment requirements;

5. Any person or entity who fails to comply with the post-construction storm water control measures;

6. Any person or entity responsible for an illicit connection; and

7. Any person or entity responsible for any other violation of this chapter.

B. The notice and order shall be delivered in accordance with RCMC § 15.12.430.

C. The notice of noncompliance shall identify the provision of this chapter that has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions, including the recovery of any costs incurred by the city or, where applicable, the county.

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. The administrator may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with RCMC § 15.12.430. The administrative compliance order may be issued to any of the following:

1. The owner or occupant of any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this chapter.

2. A person or entity who fails to implement BMPs in accordance with RCMC § 15.12.200(B).

3. Any person or entity responsible for a prohibited discharge or maintenance of a threatened prohibited discharge.

B. An administrative compliance order may include the following terms and conditions:

1. Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including, but not limited to, the threat of any prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area.

2. Specific requirements for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to storm water runoff.

3. Specific requirements for the installation of overhead covering.

4. Any terms or conditions reasonably calculated to prevent continued or threatened violations of this chapter.

5. Any other measures necessary or appropriate to fully implement BMPs in accordance with RCMC § 15.12.200(B).

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. The administrator may issue a cease and desist order, delivered in accordance with RCMC § 15.12.430, if he or she determines that a violation in this chapter constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the city storm water conveyance system or natural surface waters, and may result in an order to immediately cease and desist all activities causing such immediate threat. The administrator may issue a cease and desist order to any person or entity to immediately cease any activity that may lead to a violation of receiving water limitations.

B. A cease and desist order shall direct the owner or occupant of any premises subject to this chapter, or any person or entity named therein which is subject to this chapter: (1) to immediately discontinue all or specified prohibited conditions or discharges to the city storm water conveyance system, natural surface waters, or otherwise, until such time as abatement actions sufficient in the determination of the administrator have been satisfactorily effected and so confirmed by written amendment to said cease and desist order; (2) immediately discontinue any other violation of this chapter; and (3) clean up the area affected by the violation.

C. Any cease and desist order may be appealed pursuant to the administrative appeals process of this chapter (RCMC § 15.12.450); provided, however, the cease and desist order shall remain in effect pending final determination thereof. Nothing shall limit the administrator's authority to continue enforcement actions under a pending cease and desist order, including modifying a cease and desist order consistent with the purpose and intent of this chapter.

D. Any cease and desist order shall be cumulative and not exclusive of any other remedies in this chapter and as provided by law.

E. A cease and desist order shall inform the discharger of the administrator's authority and intent to conduct abatement of the violation or threatened violation according to RCMC § 15.12.460, if the discharger fails to comply with the requirements of the cease and desist order within the specified time frame.

F. If the discharger fails to comply with a cease and desist order within the time specified in the order, the administrator may conduct abatement of the violation according to RCMC § 15.12.460.

G. Nothing in this section requires the administrator to issue a cease and desist order before conducting summary abatement as provided under RCMC § 15.12.460.

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

Any notice of noncompliance, administrative compliance order, cease and desist order, or other enforcement order pursuant to the requirements of this chapter shall be subject to the following requirements:

A. The notice shall state that the recipient has a right to appeal the matter as set forth in RCMC § 15.12.450.

B. The notice shall state that the recipient or the property owner, or both, may be liable for all enforcement costs incurred by the city or, where applicable, the county, in correcting the violation.

C. Delivery shall be deemed complete upon either personal delivery to the recipient or deposit in the U.S. Mail, postage prepaid, for first class delivery.

D. Where the recipient of the notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property.

E. Where the owner or occupant of any premises cannot be located after reasonable efforts of the administrator, the notice shall be deemed delivered after posting on the premises for a period of 10 business days.

(Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. In addition to any other content, a notice and order, or a cease and desist order shall contain the following elements:

1. The street address and assessor's parcel number or such other legal description sufficient for identification of the premises responsible for the violation.

2. A statement of the administrator's findings that indicates a violation has occurred.

3. A citation of the provision of this chapter that has been violated.

4. A date by which any person or entity must be in compliance with this chapter, or a date by which an action plan must be submitted by the person or entity to propose a means and time frame by which to correct violations. The administrator may extend the compliance date when good cause exists for such an extension.

5. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons or entities.

6. Notification that the city may recover any costs incurred by the city as a result of the violation.

7. Notification that a violation of this chapter may result in an administrative civil penalty of up to $5,000 per violation for each day that the violation occurs, or in a criminal penalty.

8. Notification that the recipient has a right to a hearing on the matter as set forth in RCMC § 15.12.450, to determine the enforcement of any administrative civil penalty sought by the administrator, or to appeal any findings or required corrective actions established by the administrator.

9. Notification of hearing dates, appeal deadlines, and procedures for requesting a hearing established according to RCMC § 15.12.450.

B. In addition to any other content, a notice and order or a cease and desist order, or a notice of administrative civil penalty may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of illicit discharges.

b. Correction of prohibited conditions.

c. Requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter. The administrator may require the action plan to address specific items, including the following:

i. Specific time schedules for compliance.

ii. Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to storm water runoff.

iii. Identification of persons or entities responsible for compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person or entity receiving any notice pursuant to this section shall submit written certification to the administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

3. Any other terms or conditions reasonably necessary to prevent additional or ongoing violations of this chapter.

C. A notice and order, a cease and desist order, or a notice of administrative civil penalty may be issued separately or in combination with another notice or order for the same violations or set of related violations.

(Ord. 11-2023 § 3 (Exh. A))

A. Except as set forth in subsection (C) of this section, any person or entity receiving: (1) a designation as a person or entity who conducts subject activities; (2) a notice and order; or (3) who is otherwise subject to an adverse determination pursuant to this chapter may appeal the matter by requesting an administrative hearing before a hearing officer appointed by the council.

B. Any person or entity appealing a notice and order, designation as a person or entity who conducts subject activities or other adverse determination shall file, within 30 days of receipt of notice thereof, a written request for an administrative hearing, accompanied by an administrative hearing fee as established by resolution of the city council, with the administrator. A hearing on the matter shall thereafter be held before a hearing officer within 45 days of the filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a request by the appealing party, a continuance of the hearing is granted.

C. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing or the time requirement for the hearing is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person or entity subject to the cease and desist order or the emergency abatement.

D. The administrator shall appear in support of the notice, order, designation, determination or emergency abatement action and the appealing party shall appear in support of the withdrawal of the notice, order, designation, determination or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for the appropriate presentation of the case.

E. Except in the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within 10 business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. In the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within five business days following the conclusion of the hearing. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure and shall be commenced within 90 days following the final decision. Any administrative hearing fee paid by a prevailing party shall be refunded.

(Formerly 15.12.440; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. Any condition in violation of the provisions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare and is declared and deemed to be a public nuisance.

B. At the request of the administrator, the city may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the administrator shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the premises where the nuisance or threatened nuisance is occurring.

C. At the request of the administrator, the city may seek an abatement warrant or other appropriate judicial authorization to enter the premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.

D. In the event the nuisance constitutes an imminent danger to public safety or the environment, the administrator may enter the premises from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

1. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where such pollutants present a significant and immediate threat to the public safety or the environment.

2. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to RCMC § 15.12.450 shall follow the emergency abatement action.

(Formerly 15.12.450; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. In addition to any other remedies provided by this chapter, there is hereby imposed an administrative civil penalty of up to $5,000 for each violation of this chapter. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in RCMC § 15.12.430. The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a hearing officer before it is enforced. When violation of this chapter pertains to a continuing violation that does not create an immediate danger to health or safety, as determined by the administrator, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The administrator shall determine and notify the violator of the time within which the violator must correct or remedy the violation. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

B. Enforcement of the administrative civil penalty imposed by the administrator shall be by written order issued by the hearing officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided in RCMC § 15.12.450.

The order of the hearing officer concerning the administrative civil penalty shall be in writing, resolving the essential issues raised and confirming, amending, or rejecting the administrative civil penalty imposed by the administrator. In reaching a decision concerning any administrative civil penalty, the hearing officer shall be guided by factors including, but not limited to, the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

C. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Section 53069.4 of the California Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code on the city shall be served upon the city clerk.

(Formerly 15.12.460; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, fails to implement BMPs in accordance with RCMC § 15.12.200(B) or fails to comply with a specified requirement or a provision of a city storm water permit shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six months in the county jail, or both.

B. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order, or failure to implement BMPs in accordance with RCMC § 15.12.200(B) shall constitute a separate violation of this chapter punishable by fines or sentences in accordance herewith.

C. The administrator may authorize specifically designated city employees to issue citations for misdemeanor violations of this chapter pursuant to Section 836.5 of the Penal Code.

(Formerly 15.12.470; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))

A. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the administrator to seek cumulative remedies. The remedies available to the city pursuant to the provisions of this chapter shall not limit the right of the city or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

B. The administrator may request the city to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the city of all costs incurred in enforcing this chapter, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to the restoration of the environment, and any other costs or expenses authorized by law.

C. The administrator may request the city to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

1. All costs incurred in the enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

2. All costs incurred in mitigating harm to the environment or reducing the threat to human health.

3. Damages for irreparable harm to the environment.

D. The city is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the city storm water conveyance system from any violation of this chapter where such violation has caused damage, contamination or harm to the environment, public property, or the city storm water conveyance system.

E. Each day in which a violation occurs and each separate failure to implement BMPs in accordance with RCMC § 15.12.200(B) or to comply with either a separate provision of this chapter, an administrative compliance order, or a cease and desist order shall constitute a separate violation of this chapter punishable by administrative penalties in accordance with this chapter.

(Formerly 15.12.480; Ord. 41-2004 § 2; Ord. 11-2023 § 3 (Exh. A))