Redwood City Municipal Code § 27.122 Cease and Desist Orders

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2478, § 6(Exh. C), adopted Feb. 24, 2020, amended art. XI in its entirety to read as herein set out. Former art. XI, §§ 27.120, 27.121, 27.121.1, 27.121.2, 27.122—27.129, 27.129.1—27.129.3, 27.130, 27.130.1—27.130.4, and 27.131—27.135, pertained to similar subject matter, and derived from Ord. No. 2065, § 2, adopted Aug. 16, 1993.

The City's Director shall have sole enforcement responsibility for the provisions of Articles II through VIII. The City's Director may designate employees of the City or the Authority as field inspectors. Nothing herein contained shall be deemed a limitation upon Authority or Authority's Manager or their designee to exercise concurrent jurisdiction regarding the subject matter of this Chapter and the same or similar subject matter under Authority's Regulations, it being the express intent of the City that both the Authority and the City may enforce the provisions of this Chapter and Authority's Regulations on the same or similar subject matter concurrently or alternatively; provided that concurrent enforcement shall not result in the imposition of duplicative remedies or penalties for the same offense, and provided that all actual prosecutions for violations of this Chapter (including without limitation, levying of fines, disconnection of discharge lines, and civil and criminal court actions) shall be the responsibility of the City. For the purposes of this Chapter, the City's Director is the Enforcement Officer.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Every user shall notify the Enforcement Officer immediately upon discharging wastes or wastewater in violation of the provisions of this Chapter, or any permit issued pursuant to this Chapter. A user, who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within fifteen (15) days of the occurrence thereof, submit a written report to the Enforcement Officer describing the cause or causes of such unauthorized discharge, and measures taken, or proposed to be taken, to prevent future similar occurrences. Such report shall not relieve any user of liability for any expense, loss, or damage suffered or incurred by the City or the Authority, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Every non-domestic user, every user issued a mandatory wastewater discharge permit pursuant to Section 27.31.1, and every user issued a discretionary wastewater discharge permit pursuant to Section 27.31.2 shall prominently post a notice on the premises to which the permit pertains advising of the requirement to notify the Enforcement Officer of any unauthorized discharge, including the telephone number of the City's Director to be called in the event of such discharge. The Enforcement Officer may require any user to inform and advise their officers, agents, and employees of any particular provisions of this Chapter, any permit issued pursuant to this Chapter, Authority's Regulations, or other requirements of law, or of any other information, which may be of assistance in ensuring compliance with these regulations, such permit, or other requirements of law.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Upon a determination by the Enforcement Officer that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of any provision of this Chapter, the Enforcement Officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge, and further, order such person to:

A. Comply forthwith with the provisions of this Chapter, or the provisions of any permit issued pursuant to this Chapter; and/or

B. Comply in accordance with a time schedule established by the Enforcement Officer; and/or

C. Take appropriate remedial or preventive action.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Upon a determination by the Enforcement Officer that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this Chapter or of any provision of a permit issued pursuant to this Chapter, the Enforcement Officer may require the person or user having so discharged, or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the Enforcement Officer reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or user shall take in order to eliminate or prevent such violation or violations.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

In the event repairs, construction, or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes, or caused damage to the sewerage facilities or which otherwise threatens to cause, causes or caused a violation of any provision of this Chapter, or of any permit issued pursuant to this Chapter or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable for such public expenditures, jointly and severally to the Authority and to the City to the extent of such expenditures made by the City or Authority.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

In the event damages are caused to the sewerage facilities, or any portion thereof, by reason of a waste or wastewater discharge from any premises in violation of the provisions of this Chapter, or any permit issued pursuant to this Chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such damages, the occupant and the owner of the premises shall be liable, for the full amount thereof, jointly and severally, to the Authority and the City, or any other public agency having incurred such damages.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

The Enforcement Officer is hereby authorized and empowered immediately to terminate sanitary sewage service to any premises for the purpose of halting or preventing any discharge into the sewerage facilities which the Enforcement Officer, reasonably determines to constitute a detrimental discharge, or otherwise significantly imperils the public health, safety or welfare. In such case, the Enforcement Officer shall make a reasonable effort to notify the user and/or the owner of the premises prior to halting or preventing such discharge; provided, however, that the failure of the user or owner to receive such notice shall not affect any action taken hereunder, so long as the determination of detrimental discharge or imperilment of the public health, safety or welfare made by the Enforcement Officer was reasonable and made in good faith.

In the event that the Enforcement Officer terminates sanitary sewerage service to any premises pursuant to the provisions of this Section, the Enforcement Officer shall notify the user and the owner and occupant of the premises (if such persons are not the same as the user) that sanitary sewerage service has been terminated, and shall provide said user, owner or occupant an opportunity to be heard on the matter of termination not more than ten (10) days following such termination. Notice of such hearing shall be given in the manner provided for giving notices of violation pursuant to Section 27.128 and such hearing shall be conducted in the manner provided for enforcement hearings pursuant to Section 27.129. Appeals from the determination of the Enforcement Officer may be taken in the manner provided for appeals pursuant to Section 27.130.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

The City's Director may revoke, after a hearing on the question of revocation, any discharge permit issued pursuant to the provisions of Article IV (including, but not limited to, the permits therein described by reference to Sections 27.10(B), 27.11 and 27.14) upon a determination by the City's Director that:

A. The permittee has failed to report factually the wastewater constituents and characteristics, or volume of the permitted wastewater discharge;

B. The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents and characteristics, or volumes pertaining to said premises;

C. The permittee has refused, or failed to permit, reasonable access to the premises to which the permit pertains; or

D. The permittee has violated, caused to be violated, or permitted to be violated, any term, condition, or provision of the permit.

In the event that the City's Director preliminarily determines that a permit should be revoked for any of the foregoing reasons, they shall notify the permittee and the owner and occupant of the premises (if such persons are not the same as the user) to which the permit pertains of a hearing on the question of revocation. Notice of such hearing shall be given in the manner provided for giving notices of violation pursuant to Section 27.128 and such hearing shall be conducted in the manner provided for enforcement hearings pursuant to Section 27.129. Appeals from the determination of the City's Director may be taken in the manner provided for appeals pursuant to Section 27.130.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Whenever the Enforcement Officer finds that any user has violated or is threatening to violate any provision or requirement of this Chapter or any provision or requirement of any permit issued pursuant to this Chapter, or any prohibition, limitation, or requirement of law, the Enforcement Officer shall serve upon such user written notice stating the nature of the violation, ordering cessation thereof and directing submittal of a written explanation of the cause of the violation. Service of such notice shall be made personally or by certified or registered mail (return receipt requested), addressed to the premises which is the source or location of such violation, the address of the user or permittee theretofore specified by said user or permittee to the Enforcement Officer (if different than the address of the premises) and also to the owner of said premises as shown on the last equalized assessment roll prepared by the County Assessor. Within thirty (30) days of the date of said notice, the user, permittee, and/or owner of the premises shall submit to the Enforcement Officer a written explanation of the cause of such violation.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

The Enforcement Officer may order any user who causes or allows a violation of the provisions of this Chapter or who has otherwise violated, or is threatening to violate, any provision or requirement of any permit issued pursuant to this Chapter, or any prohibition, limitation or requirement of law, to show cause before them why a proposed enforcement action should not be taken. Notice of a hearing thereon shall be served on the user and/or permittee (if such violation pertains to a permit issued pursuant to this Chapter) specifying the time, place and date of the hearing, the nature of the violation giving rise to the enforcement proceedings, a proposed enforcement action or actions and directing the user to show cause before the Enforcement Officer why the proposed enforcement action should not be taken. Said notice may be combined with a notice of violation issued pursuant to Section 27.128.

Notice of the hearing shall be served personally or by certified mail (return receipt requested) addressed, in the case of a user or permittee, to the premises where the alleged violation has taken, or is taking, place, to the address theretofore specified by said user or permittee in the permit application (if different than the address of the premises) and also to the owner of said premises as shown on the last equalized assessment roll prepared by the County Assessor. Said hearing shall be held not less than ten (10) days following the date of the notice.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

At the hearing, the user and/or permittee, the owner of the premises above- mentioned, and the Enforcement Officer shall be given the opportunity to be heard. Formal rules of evidence shall not be applicable, provided however, that oral and documentary evidence relevant to the issue being heard shall be received.

A verbatim transcript of the record need not be prepared; provided, however, that if the user, permittee, or owner of the premises requests a transcript, the Enforcement Officer shall cause a transcript to be prepared; provided, further, that the cost of preparing such transcript shall be borne by the party requesting it. A request for the preparation of a transcript shall be made not less than five (5) business days prior to the hearing. The requesting party shall deposit with the Enforcement Officer the estimated cost of providing a transcript prior to commencement of the hearing. Failure to deposit the estimated cost shall be deemed a waiver of the request, and in such instance a transcript need not be prepared. The notice of hearing shall contain notification of the requirements hereof relating to the preparation of a transcript.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Upon completion of the hearing, and upon a finding by the Enforcement Officer that a violation of this Chapter or of any permit issued pursuant to this Chapter or any other requirement of law has occurred, the Enforcement Officer may issue an order to the user, permittee, or owner of the premises to which the violation pertains, who or which is found responsible for said violation, directing that, following a specified time period, sewerage service shall be discontinued, and/or the permit with respect to which the violation occurred shall be revoked unless, with respect to any discharge or discharges causing such violation:

A. Adequate treatment facilities, devices or other related appurtenances shall have been installed or used in conjunction with existing treatment facilities, devices or other related appurtenances, or, with respect to such discharge or discharges or any other act, omission or offense causing such violations; or

B. Existing treatment facilities, devices or related appurtenances are properly operated, maintained or repaired; or

C. Other appropriate remedial action shall have been taken.

The Enforcement Officer may issue such other orders and directives as are necessary or appropriate to obtain compliance with the provisions of this Chapter, any permit issued pursuant to this Chapter or any other requirement of law.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any interested person may appeal the decision of the Enforcement Officer to the City Manager, or their designee, by filing a written notice of appeal with the City Clerk within ten (10) days of the date of said Enforcement Officer's decision, along with any accompanying appeal fee, which shall be in an amount set by resolution of the City Council. The notice of appeal shall set forth the facts and reasons supporting the appeal. Hearing on the appeal shall be held within thirty (30) days from the City Clerk's receipt of the notice of appeal. Notice of the date, time and place of the hearing on the appeal shall be given in the manner specified for hearings under Section 27.129.1 and shall include notice of the appellant's right to preparation of a transcript of the appeal hearing upon request therefor and depositing the estimated cost thereof in the manner provided under Section 27.129.2.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any user, permittee, applicant, or owner of premises aggrieved by the determination of the City's Director with respect to matters under the City's enforcement jurisdiction may appeal such determination to the City Manager, or their designee, by filing a written notice of appeal with the City Clerk within ten (10) days of the date of said Director's determination, along with any accompanying appeal fee which shall be in an amount set by resolution of the City Council. The notice of appeal shall set forth the facts and reasons supporting the appeal. Hearing on the appeal shall be held within thirty (30) days from the City Clerk's receipt of the notice of appeal. Notice of the date, time and place of the hearing on the appeal shall be given in the manner specified for hearings under Section 27.129.1 and shall include notice of the appellant's right to preparation of a transcript of the appeal hearing upon request therefor and depositing the estimated cost thereof in the manner provided under Section 27.129.2.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Hearing on the appeal by the City Manager, or their designee, shall be conducted in the manner provided for enforcement hearings specified in Section 27.129.2, including, without limitation, the provisions relating to preparation of a transcript of the hearing.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

After the appeal hearing, the City Manager, or their designee, shall issue a written decision. The City Manager, or their designee, may affirm, reverse or modify the appealed decision or determination as they deem just and equitable, and in furtherance of the provisions, purposes and intent of this Chapter. The City Manager, or their designee, shall mail the written decision to the appellant within twenty (20) days of the date of the hearing. During the pendency of any such appeal, the appealed decision or determination shall remain in full force and effect. The decision of the City Manager, or their designee, on the appeal shall be final.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this Chapter, or of any permit, or any order or directive of the City's Director issued or made pursuant to this Chapter, shall be, and the same is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined, and damages assessed therefor, in any manner provided by law.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

A. The Enforcement Officer shall keep an itemized statement of costs incurred by the City or Authority in abating or otherwise responding to violations of this Chapter. Once a violation matter is concluded, the Enforcement Officer shall provide a copy of this statement to the discharger and to the Authority or City, whichever entity incurred the costs. The discharger may request a hearing before the Enforcement Officer to contest the statement of costs. The request for a hearing shall be made within ten (10) days of receipt of the statement or the right to hearing shall be deemed waived. The Enforcement Officer shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of the Enforcement Officer is final.

B. The procedure for recording the statement of costs as a lien against the property involved shall be as follows:

1. If payment of the assessed costs and expenses is not received by entity incurring the costs, within thirty (30) days of the date appearing on the decision of the Enforcement Officer, the Finance Director of the City shall set a notice and hearing before the City Council, as the case may be, for the purpose of adopting a resolution confirming the statement of costs.

2. After holding a hearing the City may adopt a resolution, and the Finance Director shall record the resolution as a lien against the property.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any person who violates any provision of this Chapter, any wastewater discharge permit, or any order issued pursuant to this Chapter or who creates a condition of pollution is hereby deemed to have created a public nuisance. Such person(s) shall be strictly liable for the sum of ten thousand dollars ($10,000.00) for each day, or portion thereof, during which the violation occurs.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

A user may be liable for up to twenty-five thousand dollars ($25,000.00) a day for each violation, as set forth in California Government Code section 54740.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

In lieu of the civil penalties, the City may, through the issuance of an administrative citation, impose administrative penalties in the following amounts, as set forth in California Government Code section 54740.5:

A. Up to two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports;

B. Up to three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedule established by the Enforcement Officer;

C. Up to five thousand dollars ($5,000.00) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the City;

D. Up to ten dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the Enforcement Officer.

Any person against whom penalties are assessed by the administrative citation hearing officer may appeal to the City Council, the decision of the hearing officer within thirty (30) days of notice of the decision. The City Council shall conduct the appeal hearing in accordance with procedures set forth in Chapter 1 of this Municipal Code. The decision of the City Council shall be in writing and shall be final. All civil penalties imposed in accordance with this Section shall be payable within thirty (30) days of the decision of the hearing officer.

The amount of such civil administrative penalties that have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor prosecution and upon conviction, shall be punished in accord with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

Any user who is found to have willfully or negligently failed to comply with any provision of this Chapter, and the orders, rules, regulations and permits issued hereunder, may be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accord with Chapter 1 of this Municipal Code, unless otherwise specified. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

The Enforcement Officer shall have, and is hereby granted, the discretion to proceed with enforcement actions pursuant to any of the enforcement provisions of this Chapter.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this Chapter or the orders, rules, regulations, and permits issued hereunder.

(Ord. No. 2478, § 6(Exh. C), 2-24-20)

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

(Ord. No. 2478, § 6(Exh. C), 2-24-20)