Rialto Municipal Code Art. VII Judicial Enforcement Remedies

In addition to the penalties established by this chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is determined to be a threat to the public health, safety and welfare, is declared and is deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the public works director, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

A. The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be billed to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

B. The public works director may assess 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 subsection.

C. The public works director may assess the violator for costs incurred in removing, correcting or terminating the adverse effects resulting from violation.

D. The public works director may assess the violator for compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

E. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the public works director shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection shall constitute a public nuisance and a violation of this chapter.

F. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. 1401 § 1 (part), 2007)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor.

(Ord. 1401 § 1 (part), 2007)

A. The city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of San Bernardino County against any person who has violated or continues to violate any provision of this chapter, the basin plan, federal or state discharge standards or permit conditions, or who violates the requirements of any administrative order.

B. In addition to the penalties provided in this chapter, the city shall be entitled to recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

C. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to having any other permit or license issued by the city for the subject property revoked.

D. Remedies under this section are in addition to and do not supersede or limit any and all other available remedies, civil or criminal. The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. 1401 § 1 (part), 2007)

A. Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of twenty-five thousand dollars per violation per day but not less than three thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.

C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The city may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty days from the date that it has been assessed.

(Ord. 1401 § 1 (part), 2007)

A. Any person who wilfully or negligently violates any provision of this chapter or permit conditions, or who violates any administrative order or any other provision of this chapter, is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than three thousand dollars and/or by imprisonment for a period of not more than six months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefor as provided by this section.

B. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, stormwater permit, or order issued under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not less than three thousand dollars per day of violation or by imprisonment or by both.

(Ord. 1401 § 1 (part), 2007)