Redwood City Municipal Code Art. I In General

The purpose of this Chapter is to ensure the future health, safety, and general welfare of the citizens of the City by:

A. Eliminating non-stormwater discharges to the municipal separate stormwater drainage system.

B. Controlling the discharge to municipal separate stormwater drainage system from spills, dumping or disposal of materials other than stormwater.

C. Reducing pollutants in stormwater discharges to the maximum extent practicable.

The intent of this Chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Federal Water Pollution Control Act, as amended, commonly known as the Clean Water Act (33 USC section 1251 et seq.).

(Ord. No. 2090, § 1, 6-12-95)

This Chapter shall be known as the "City of Redwood City Stormwater Management and Discharge Control Program Ordinance" and may be so cited.

(Ord. No. 2090, § 1, 6-12-95)

A. Definitions in Acts and Regulations: Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, (collectively referred to as the "Acts") and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), shall have the same meaning in this Chapter as in that statute or regulation. Specifically, the definition of the following terms included in those Acts or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms presently are defined as follows:

DISCHARGE: 1) Any addition of any pollutants to navigable waters from any point source, or 2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

ILLICIT DISCHARGE: Any discharge to the City stormwater drainage system that is not composed entirely of stormwater except discharges pursuant to a national pollutant discharge elimination system ("NPDES") permit and discharges resulting from firefighting and other emergency response activities.

POLLUTANT: Dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or destroyed equipment, cement, concrete, paint, adhesives, plasters, and other construction by-products from the wash-down of construction equipment and tools, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharge into water.

STORMWATER: Stormwater runoff and surface runoff and drainage.

B. Definitions in This Chapter: When used in this Chapter, the following words shall have the meanings ascribed to them in this Section:

AUTHORIZED ENFORCEMENT OFFICIAL: The City Manager or his/her designee is hereby authorized to enforce the provisions of this Chapter.

BEST MANAGEMENT PRACTICES ("BMPs"): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures including street sweeping, catch basin and collection system cleaning, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.

CITY: The City of Redwood City.

CITY STORMWATER DRAINAGE SYSTEM: Includes but is not limited to those facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR section 122.2.

NON-STORMWATER DISCHARGE: Any discharge that is not entirely composed of stormwater except those noted within an NPDES permit and this Chapter.

PREMISES: Any building, lot parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

WATERCOURSE: A natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

(Ord. No. 2090, § 1, 6-12-95)

This Chapter shall be administered for the City by the Director of Community Development of the City (the "Director") and/or his/her designee.

(Ord. No. 2090, § 1, 6-12-95)

A. Discharge of Pollutants: The discharge of non-stormwater discharges to the City stormwater drainage system is prohibited. All discharges of material other than stormwater must be in compliance with a national pollutant discharge elimination system permit issued for the discharge (other than NPDES Permit No. CA0029921) and this Chapter.

B. Exceptions to Discharge Prohibition: The following discharges are exempt from the prohibition set forth in this Chapter:

1. The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

2. Discharges from the following activities will not be considered a source of pollutants to water of the United States when properly managed: water line flushing and other discharges from potable water sources, municipal street cleaning, municipal park maintenance, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, contaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, or flows from fire fighting and other emergency response activity, and accordingly are not subject to the prohibition on discharges.

C. Discharge in Violation of Permit: Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0029921, the terms of which are incorporated herein by reference, and which is on file in the office of the City Clerk, and any amendment, revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 2090, § 1, 6-12-95)

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City stormwater drainage system, and to commence or continue any illicit discharges to the City stormwater drainage system. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(Ord. No. 2090, § 1, 6-12-95)

Any person engaged in activities which will or may result in pollutants entering the City stormwater drainage system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline filling facilities, water company, schools, etc. The following minimal requirements shall apply.

A. Littering: No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, sidewalk, public right-of-way, railroad right-of-way, storm drain, inlet, catch basin, conduit or other drainage structures, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds.

The occupant or tenant, or in the absence of occupant or tenant, the owners, lessee, or proprietor of any real property within the City in front of which there is a paved sidewalk shall maintain said sidewalk free of litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept to or otherwise disposed of into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property or required for the disposal of garbage.

No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water on any public or private property, in a park, or elsewhere within the City.

B. Standard For Parking Lots and Similar Structures: Persons owning or operating a parking lot, gasoline dispensing facility or other similar structure or paved surface, other than on a single family residential property, shall clean those surfaces and structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City stormwater drainage system.

(Ord. No. 2090, § 1, 6-12-95)

Any construction contractor performing work within the City shall not permit or cause to be permitted rinse and wash down water from the cleaning of tools, equipment or trucks to enter the stormwater drainage system and shall endeavor, whenever possible, to provide filter materials at the catch basin to retain any debris and dirt flowing into the City's stormwater drainage system. The City may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

(Ord. No. 2090, § 1, 6-12-95)

Where best management practices guidelines or requirements have been adopted by the City for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the City stormwater drainage system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements (as may be identified by the City Manager or authorized designee).

(Ord. No. 2090, § 1, 6-12-95)

Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges.

Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(Ord. No. 2090, § 1, 6-12-95)

All applications for the permit required by the preceding Section shall be made to City Engineer and/or his/her designee accompanied by such evidence, including a plan of the proposed construction or alteration, sufficient to enable City Engineer and/or his/her designee to determine whether or not the proposed construction within, or alteration of, any watercourse including any creek, ditch or natural stormwater drainage channel, storm drainage easement, or public utility easement adjacent to, abutting or adjoining such watercourse within the City is of a substantial nature or may constitute a permanent potential obstruction to the flow of stormwaters within such watercourse.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2556, § 5(Exh. B), 12-22-25)

The application required by the preceding Section shall be written and shall be accompanied by a plan checking and inspection fee in an amount established pursuant to the provision of Article IX of Chapter 27 of the Code of the City to cover the cost of checking any plans for, and inspection of, the proposed construction within any watercourse including any creek, ditch, natural stormwater drainage channel, storm drainage easement, or public utility easement adjacent to, abutting or adjoining such watercourse within the City. When deemed necessary by City Engineer and/or his/her designee, a cash deposit or performance bond may be required to guarantee completion of any proposed construction or alteration in accordance with the permit granted.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2556, § 5(Exh. B), 12-22-25)

The City, its agents, officers and employees, shall have the right to enter upon any watercourse including any creek, ditch, natural stormwater drainage channel, storm drainage easement, or public utility easement adjacent to, abutting or adjoining any such watercourse in the City at any time for cleaning and enlarging activities of any such watercourse or public utility easement adjacent to, abutting or adjoining any such watercourse. The rights of the City, its agents, officers, and employees do not preclude or supersede the responsibilities of every person owning property through which a watercourse passes as described in Section 27A.15, Watercourse Protection, nor does it obligate the City to clean and enlarge such waterways. Nothing in this Section shall obligate the City, its agents, officers and employees to take any action.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2556, § 5(Exh. B), 12-22-25)

Any construction within, or alteration of, any watercourse including any creek, ditch, natural stormwater drainage channel, storm drainage easement or public utility easement adjacent to, abutting or adjoining any such watercourse in violation of any provisions of this Article, shall be and is hereby declared to be a public nuisance and subject to abatement or removal or enjoinment in the manner provided by law.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2556, § 5(Exh. B), 12-22-25)

Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for the maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(Ord. No. 2090, § 1, 6-12-95)

No person shall permit or cause to be committed any of the following acts in any watercourse including any creek, ditch, natural or concrete-lined stormwater drainage channel, storm drainage easement, or public utility easement adjacent to, abutting and adjoining any such watercourse within the City, unless a written permit has first been obtained from the City Engineer or their designee based on the objective findings below. The following is prohibited:

A. Discharging into, or connecting any pipe or channel to, a watercourse;

B. Modifying, diverting, blocking, or obstructing the flow of water or bed of a watercourse from that in existence at the time of permit application;

C. Removing riparian vegetation, except for normal maintenance of vegetation and protective restoration or maintenance to prevent flooding;

D. Undertaking development, including the construction or removal of structures, buildings of any type, swimming pools, the addition of new impervious surface, or the filling, grading, or disturbing of land, within thirty (30) feet of the center line of any watercourse or within twenty (20) feet of the top of a bank of a watercourse (whichever is further from the centerline of the watercourse) unless all of the following requirements are met:

1. A hydrology report prepared by a licensed civil engineer submitted with the development application demonstrates that all proposed structures are located outside the one hundred-year floodplain elevation;

2. For lined channels, a report prepared by a licensed civil, structural, environmental, or geotechnical engineer submitted with the development application demonstrates that the proposed development is designed in a manner that does not impose any additional structural, hydraulic, or geotechnical loading on existing creek channel walls;

3. For lined channels, the proposed development provides a minimum of ten (10) feet of unobstructed space between the top of channel wall and the nearest structure;

4. For natural (unlined) channels, creeks, and ditches, a report prepared by a licensed civil, geotechnical, or environmental engineer submitted with the development application demonstrates that the proposed development, including associated construction activities, will maintain the structural stability of the slopes of the creek bank;

5. For natural (unlined) channels, creeks, and ditches, the proposed development, including construction, does not involve the placement of fill in the body of the watercourse or within twenty (20) feet of the top of banks of such watercourse, or result in the destruction or removal of existing vegetation within twenty (20) feet of the top of bank of a watercourse.

E. Constructing, altering, enlarging, connecting to, changing, or removing any structure located in a watercourse; and

F. Placing any loose or unconsolidated material in the body of a watercourse or within twenty (20) feet of the top of banks of a watercourse.

All existing structures and impervious surfaces may remain, subject to the provisions of Article 33 (Nonconforming Lots, Uses, Structures and Parking) of the Zoning Ordinance. Structures within the creek setback may be modified only in accordance with Article 33.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2556, § 5(Exh. B), 12-22-25)

It is the intent of this Chapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this Chapter to prohibit all economically viable use of any private lands, nor to result in confiscatory impact. Accordingly, the purpose of this Section is to provide for an administrative procedure for a waiver or modification of a particular provision of this Chapter in the event the strict application of this Chapter would result in the denial of all economically viable use of real property.

A. Filing of Waiver Application: An applicant for a waiver of a provision of this Chapter shall file a waiver application with the Director or his/her designee identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the Director or his/her designee to determine whether application of the provision in question will prohibit any economically viable use of the land in question or otherwise have an impermissible confiscatory result.

B. Director's Approval: The Director or his/her designee may approve, deny or conditionally approve a waiver application upon making all of the following written findings:

1. That the City's application of the provision for which a waiver or modification is sought would result in the denial of all economically viable use of the real property in question;

2. To the maximum extent feasible, conditions have been placed upon such a waiver or modification in order to achieve the goals of this Chapter as closely as possible while still allowing economically viable use of the real property in question;

3. Approval of such a waiver will not result in public nuisance which would constitute a significant and direct threat to public health or safety.

(Ord. No. 2090, § 1, 6-12-95)

A. Stormwater Charges Established: Pursuant to the provisions of Health and Safety Code, section 5471, the City establishes a system of charges for its stormwater drainage system. For the purposes of such system of charges, "assessment roll" means the roll upon which general taxes of the City are collected and "annual real property tax statement" means the annual tax statement issued by the County of San Mateo.

B. Administrative Charges; Deposit: The following charges, payable as hereinafter provided, are hereby established to defray the costs of processing and issuing permits or performing the services corresponding thereto:

1. City's review of applications for installation of monitoring, sampling or metering facilities or other equipment on public property (Section 27.32.1); five hundred dollars ($500.00) deposit;

2. Review of application for stormwater drainage encroachment permit: one hundred fifty dollars ($150.00) deposit, plus a deposit for plan checking and inspection of one hundred fifty dollars ($150.00).

The deposit, adjustable as hereinafter provided, established in accordance with the foregoing schedule, shall be paid at the time the application for the work to which it pertains is made or requested. No application shall be processed, nor work performed, until said deposit has first been made. The actual fee shall be calculated at the cost to the City for performing the corresponding services based upon rates of compensation payable to City personnel performing such services, plus administrative overhead. The foregoing amounts specified as deposits are minimum amounts and additional amounts shall be based upon actual costs; provided that no services shall be performed by the City corresponding to costs in excess of the amounts hereinabove specified unless additional funds have been deposited with the City corresponding to the estimated additional services; provided, further, that amounts deposited in excess of actual costs shall be refunded upon completion of performance of services. The fees and charges in this Section shall be in addition to such other fees, charges or expenses as may be payable pursuant to other provisions of this Chapter.

C. Unitemized Costs: Services or work which are or is expressly or impliedly required to be performed by the City pursuant to the provisions of this Chapter, the payment for which is not otherwise provided for herein, shall be paid in advance of the performance of such services or work in an amount equal to the estimated costs thereof to the City. Upon performance of such services or work, and upon the calculation of the actual costs thereof, sums deposited in excess of such actual costs shall be refunded, or additional charges shall be made, equal to the amount by which the actual costs exceed the estimated cost, as appropriate.

D. Schedule of Charges: The charges for services furnished by the City may be based upon the class of use or area of parcels as determined by resolution of the City Council adopted by a four-fifths (⅘) vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the City Council.

E. Collection: All stormwater charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes with like penalties for delinquencies, all provided for by Health and Safety Code, section 5473.5 et seq.

F. Special Assessments: The City may, upon a proper showing and upon the City Council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of stormwater charges to the City rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the City shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection.

G. Additional Charges: The City may adopt fees to provide for the recovery of costs from users of the stormwater drainage system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by City for removal of pollutants, and any other fees the City deems necessary to carry out the requirements of this Chapter. The applicable fees shall be as set forth in the City's master fee schedule.

H. Penalty for Violation: If stormwater charges are delinquent for a period of sixty (60) days, a penalty of ten percent (10%) shall be imposed. If stormwater charges are delinquent for a period of one hundred twenty (120) days, an additional penalty of one and one-half percent (1.5%) per month shall be paid.

(Ord. No. 2090, § 1, 6-12-95)

Annually, on or before the first day of May, it is the duty of the Finance Director to file with the City Clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the City Council shall hold a public hearing with respect to the report, after the City Clerk has given notice by publication, in accord with Government Code, section 6066.

(Ord. No. 2090, § 1, 6-12-95)

On or before the tenth day of August of each year, following the final determination of the City Council with respect to the annual report, the City Clerk shall file with the County Auditor a copy of the report with a statement endorsed thereon over the Clerk's signature that it has been finally adopted by the City Council. The County Auditor shall then enter the amounts of the charges against the respective lots or parcels of land as they appear on the then current assessment roll based upon detailed data provided by the City.

(Ord. No. 2090, § 1, 6-12-95)

In accordance with the Health and Safety Code, section 5473.5 et seq., the amount of the charges shall constitute a lien against the lot or parcel of land against which the charges have been imposed. The amount shall be included on bills for taxes and shall be subject to all laws applicable to the levy, collection and enforcement of general taxes, including, but not limited to, those pertaining to delinquency, correction, cancellation, refund and redemption.

(Ord. No. 2090, § 1, 6-12-95)

A. Authority to Inspect: Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an authorized 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 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: 1) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and 2) if such building or premises be occupied, 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 such 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 property owner and/or occupant refuses entry after such request has been made, the official is hereby empowered 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 stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater drainage system, or similar factors.

B. Authority to Sample and Establish Sampling Devices: 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.

(Ord. No. 2090, § 1, 6-12-95)

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-stormwater discharges entering the stormwater drainage system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the City of the occurrence by telephone by dialing (415) 780-7464 and confirm the notification by correspondence to the Director, 1017 Middlefield Road, Redwood City, California 94063.

(Ord. No. 2090, § 1, 6-12-95)

Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater drainage 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 requests shall undertake and provide the monitoring, analyses and/or reports requested.

(Ord. No. 2090, § 1, 6-12-95)

A. Violations Constituting Misdemeanors: Unless otherwise specified herein, any person violating any provision of this Chapter, or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of 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, or abated as a nuisance.

B. Violation as Public Nuisance: Each violation of this Chapter shall constitute a public nuisance and be subject to abatement as such.

C. Continuing Violations: 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.

D. Concealment: Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.

E. Seasonal or Recurring Nuisance: If any violation of this Chapter constitutes a seasonal and/or recurrent nuisance, the City Council may so declare. Thereafter such seasonal and/or recurrent nuisance shall be abated, as required, without the necessity of any further hearing.

(Ord. No. 2090, § 1, 6-12-95)

Remedies in this Chapter are in addition to and not in lieu of and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided herein shall be cumulative and not exclusive.

A. Administrative Enforcement Powers: If any violation of this Chapter constitutes a seasonal and/or recurrent nuisance the City Council may so declare. Thereafter such seasonal and/or recurrent nuisance shall be abated, as required without the necessity of any further hearing. In addition to the other enforcement powers and remedies established by this Chapter, any authorized enforcement official has the authority to utilize administratives and remedies.

B. Civil Actions: In addition to any other remedies provided in this Chapter, 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:

1. A temporary and/or permanent injunction.

2. 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 Section.

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

4. 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 stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this Chapter.

C. Cease and Desist Orders: When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this Chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: 1) comply with the requirement; 2) comply with the time schedule for compliance, and/or 3) take appropriate remedial or preventive action to prevent the violation from recurring.

D. Notice to Clean: Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any sidewalk abutting or adjoining any parcel of land or grounds, which may result in an increase in pollutants entering the stormwater drainage system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

E. Authority to Arrest or Issue Citations: Authorized enforcement officials shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this Chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions.

Such authorized enforcement officials may issue a citation and notice to appear in the manner prescribed by chapter 5C of title 3, part 2 of the Penal Code, including section 853.6 or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in section 836.5 of the Penal Code be applicable to public officers or employees, or employees acting in the course and scope of employment pursuant to this Chapter.

(Ord. No. 2090, § 1, 6-12-95)

A. Stormwater Project Coordinator: Any discharger affected by any decision, action, or determination, including assessments and abatement orders, made in interpreting or implementing the provisions of this Chapter, or any permit issued hereunder, may file with the stormwater project coordinator a written request for review within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the request. The stormwater project coordinator shall complete the review and issue a written determination within ten (10) days after receipt of the request, unless the Director or his/her designee reasonably extends the time thereof.

B. Written Appeal to Director or His/Her Designee: The stormwater project coordinator's original decision, action of determination, and action taken after review may be appealed to the Director or his/her designee by the discharger affected by filing a written appeal with the Director or his/her designee within fifteen (15) days of the date of the notice of the decision of the stormwater project coordinator. The written appeal shall be filed, processed and heard in accordance with Chapter 1 of this Municipal Code.

(Ord. No. 2090, § 1, 6-12-95)

(Ord. No. 2374, § 18, 1-9-12)

A special fund to be known as the Stormwater Special Revenue Fund is hereby established. Commencing on July 1, 1995, all revenues arising from the imposition of the charges and fees authorized under this Chapter shall be deposited in the Stormwater Special Revenue Fund. Prior to July 1, 1995, revenues for the funds from the City Sewer Fund, established under Article X of Chapter 27 of the Code of the City shall be used in part for the purpose hereinafter specified. Revenues shall be expended for the purposes hereinafter specified.

The revenues and sums deposited in the Stormwater Special Revenue Fund shall be used for the maintenance, management, operation and repair of the stormwater drainage system; the acquisition, construction and reconstruction (including the extension or replacement) of existing stormwater mains, collector mains and trunk lines, and the enlargement or construction of the stormwater drainage system; the payment of bond interest and principal or charges due on any bond issue or other evidence of indebtedness (including facilities bonds, all or any portion of the proceeds of which are used for the aforesaid purposes); and for such other lawful purposes of the City as the Council may provide from time to time.

(Ord. No. 2090, § 1, 6-12-95)

Any person who violates any provisions of this Chapter, any provision of any permit issued pursuant to this Chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this Chapter may also include notice to the violator of such potential liability.

(Ord. No. 2090, § 1, 6-12-95)

The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response program shall include a program for compliance with this Chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable.

(Ord. No. 2090, § 1, 6-12-95)

This Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or reissuance thereof.

(Ord. No. 2090, § 1, 6-12-95)

The remedies provided for or specified in this Chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the City in the exercise of its powers.

(Ord. No. 2090, § 1, 6-12-95)