Redondo Beach Municipal Code Art. 4 Enforcement

The Engineer may deliver to the owner or occupant of any private property any permittee or any responsible party a notice of noncompliance listing the steps necessary to correct the conditions on the property causing noncompliance with the provisions of this chapter, any approved construction or post-construction water quality management plan, or any permit issued pursuant hereof.

The Engineer shall prepare each notice of noncompliance listing the applicable chapter provision(s), construction or post-construction water quality management plan provisions or permit requirements violated, the selected compliance deadline, not to exceed 90 days, and stating that continued noncompliance may result in additional enforcement actions against the owner or occupant. The Engineer may extend the compliance deadline an additional 90 days where good cause exists for the extension.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) The Engineer may issue an administrative compliance order to:

(1) The owner or occupant of any private property requiring abatement of conditions on the property that cause or may cause discharges in violation of this chapter;

(2) The owner of private property or a responsible party subject to the requirements of any construction or postconstruction water quality management plan to ensure implementation of and adherence to the terms, conditions and requirements of the plan;

(3) The permittee subject to the requirements of any permit issued pursuant to this chapter to ensure compliance with the terms, conditions and requirements of the permit.

(b) The administrative compliance order may include the following terms and requirements:

(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 discharge from any pond, pit, well, surface impoundment, holding or storage area, which contains any pollutant;

(2) Specific requirements for cleanup, removal, storage, installation of overhead covering or proper disposal of any material having the potential to contact stormwater runoff;

(3) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents approved by any Federal, State or regional agency; and

(4) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any construction or post-construction water quality management plan, or permit issued pursuant hereto.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

The Engineer may issue to the owner or occupant of any private property, any permittee or any responsible party, who becomes subject to a notice of noncompliance or administrative order, an invoice for costs, which shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order.

If any owner or occupant, permittee or responsible party, fails to pay the invoice for costs within 30 days of the authorized inspector's deposit of the invoice for costs in the regular mail, postage prepaid, the enforcing attorney may institute collection proceedings or elect to place a lien on the property in the amount of the invoice of costs.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Upon determination that a user is in noncompliance with any provisions of this chapter, the Engineer may require the user to submit for review and approval a compliance schedule. If, following the compliance schedule expiration date, the user fails to comply with the terms, conditions, or limitations specified in the compliance schedule, the user's industrial wastewater permit, or with any provisions of this chapter, then the user may be subject to noncompliance fees, a probation order, a cease and desist order, and/or legal actions.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) The Engineer may order the owner or occupant of any private property, permittee or any responsible party to: (1) immediately discontinue any process water, wastewater or pollutant discharge to the wastewater system or the stormwater drainage system; (2) immediately block or divert any flow of water from the property, where the flow is occurring in violation of any provision of this chapter; and (3) immediately discontinue any other violation of this chapter. The cease and desist order may contain terms and conditions including but not limited to limits on rate and time of discharge, or other provisions to ensure compliance with this chapter.

(b) Notice/Hearing. When the Engineer has reason to believe that grounds exist to issue a cease and desist order, he shall give written notice thereof either by personal delivery or by certified mail to the user setting forth the grounds for such an order, together with the time and place where the charges shall be heard.

(c) After the conclusion of the hearing, the Engineer shall make his determination and issue his decision and order within 30 calendar days of the hearing. The written decision and order of the Engineer shall be sent by personal delivery or by certified mail to the user. The order of the Engineer shall be final in all aspects 14 days after it is mailed to the user unless a request for hearing is filed with the City Council.

Failure of the user to comply with the conditions of the cease and desist order may result in permit suspension, permit revocation, termination of service and/or legal actions.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

A show cause order will require the user who causes or contributes to a violation of this chapter, or any order issued hereunder to appear at City Hall or other designated location at a certain date and time to show cause to the Engineer as to why criminal and/or civil actions should not be taken. The City Attorney or an authorized agent from the City Attorney's office may attend this hearing to present the City's legal position and the penalties which can be assessed to the violating industrial user. A written notice of the hearing shall be sent to the user either by personal delivery or by certified mail, at least 10 days prior to the hearing date.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Whenever a user has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the City may petition for injunctive relief.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

(a) Pursuant to Government Code Sections 54739 and 54740, any person who violates any provision of this chapter or an administrative order shall be liable civilly for a penalty not to exceed Twenty-Five Thousand and no/100ths ($25,000.00) Dollars for each day in which such violation occurs. The City Attorney upon order of the City Council, shall petition the Superior Court to impose, assess and recover such penalties. No liability shall be recoverable under this subsection for any violation for which liability is recovered under subsection (b) of this section.

(b) Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any user who violates any provision of this chapter or an administrative order.

(1) When the Engineer has reason to believe that grounds exist to issue an administrative complaint, he shall give written notice thereof either by personal delivery or by certified mail to the user setting forth the time and place where the charges shall be heard. The administrative complaint will allege the act or failure to act that constitutes the violation of the City's requirements, and the provisions of the law authorizing civil liability to be imposed and the proposed civil penalty. The matter shall be heard by the Engineer or his designee within 60 days following service. The user may waive the right to a hearing, in which case a hearing will not be conducted.

(2) After the conclusion of the hearing, the Engineer shall make his determination and shall issue his decision and order within 30 calendar days of the hearing. The written decision and order of the Engineer shall be sent by personal delivery or by certified mail to the user.

(3) The order of the Engineer shall be final in all aspects 14 days after it is mailed to the user.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Any user who wilfully violates any provision of this chapter, administrative order, or wastewater permit condition, is guilty of a misdemeanor, which upon conviction is punishable by a fine of not less than One Thousand and no/100ths ($1,000.00) Dollars or by imprisonment in the County Jail for not more than six months or by both. Each day a violation occurs shall constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

The Engineer shall have full power and authority to take any necessary precautions, including, but not limited to, decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent an imminent hazard to the public's health, safety or welfare.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the City, and no remedy under this chapter shall preclude the City from obtaining additional relief based upon the same facts.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

The court, in issuing any final order in any action brought pursuant to this chapter, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the court determines such an award is appropriate.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Any person who, by discharging wastewater, nonstormwater or by any other means, damages monitoring equipment, adversely affects wastewater treatment processes, significantly increases wastewater system operation costs, causes blockage, damage, upset, interference, or pass through the wastewater system, or causes blockage or any damage to the stormwater drainage system, shall be liable to the City for the damages and additional costs, including any fines or penalties, occasioned thereby. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage and approved by the City Council, shall be added to these charges and shall be payable within 30 days of invoicing by the City.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)

Any user affected by any decision, action or determination made by the Engineer, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Engineer a written request for reconsideration within 15 days setting forth in detail the facts supporting the user's request for reconsideration. Such facts must include a statement listing newly discovered relevant facts that were not known or available to the user at the date of the hearing. The Engineer shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within 15 days of receipt of request.

(§ 1, Ord. 2851 c.s., eff. October 5, 2000)