Salinas Municipal Code § 29-24 Acts potentially resulting in violation of Federal Clean Water Act and/or…

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer 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 officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter, provided that (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, 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 authorization by a duly authorized court.

(b) 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 nonstormwater to the stormwater system, or similar factors.

(c) Authority to Sample and Establish Sampling Devices. Any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(d) Requirement to Test or Monitor. Any authorized enforcement officer may require 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 discharges of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and reports required.

In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses to be completed and the cost of which, including the reasonable additional administrative costs incurred by the city shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. Whenever the full amount of such costs has not been paid within ninety days from the date of notice of such costs, the city may take whatever action is available to it in order to recover such costs. This obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

(Ord. No. 2473 (NCS), § 1.)

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute 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 an authorized enforcement officer be enforced pursuant to any available legal remedy including the city's administrative remedies ordinance (Chapter 1, Article II of this Code).

(Ord. No. 2473 (NCS), § 1.)

Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

(Ord. No. 2473 (NCS), § 1.)

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.

(Ord. No. 2473 (NCS), § 1.)

(a) If any violation of this chapter has not been corrected pursuant to the requirements set forth by the city, the city shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city to enter upon the premises for the purposes set forth herein.

(b) Within thirty days after abatement of the violation by the city, the city engineer or an enforcement officer shall notify the property owner, as shown on the last equalized assessment roll, of the cost of abatement, which shall include all costs relating to the abatement and administrative costs incurred by the city. Such costs may become a lien or special assessment against the real property on which the violation occurred.

The owner may file a written protest objecting to the amount of the assessment with the city clerk within thirty days of the date of the notification of costs. The city clerk shall set the matter for a public hearing by the city council. The decision of the council shall be final. Failure to timely protest the amount of the abatement as provided herein shall constitute a failure to exhaust administrative remedies and no further appeal rights shall be granted.

If such costs are not paid within ninety days of the date of the council's final determination of the matter, or if the determination of the city council as set forth above has not been successfully challenged by a timely writ of mandate, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred.

(c) The city engineer or designated enforcement officer is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or welfare of the public. If any such violation is not abated immediately as directed by the city engineer or designated enforcement officer, the city of Salinas is authorized to enter onto the property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Salinas shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.

(d) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city engineer shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of further learning. If the city prevails in any administrative or civil proceedings initiated under this chapter, the city shall be entitled to seek reimbursement for all costs incurred in connection with such proceeding. Such reimbursable costs may include, but are not limited to, the costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit, and reasonable attorney fees.

(Ord. No. 2473 (NCS), § 1.)

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

(Ord. No. 2473 (NCS), § 1.)

Any person who violates any provision 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 article should also include notice to the violator of such potential liability.

(Ord. No. 2473 (NCS), § 1.)

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is deemed a threat to the public health, safety and welfare, and is declared and deemed to be a public nuisance, and may be summarily abated and/or restored by the authorized enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. Any costs or expenses incurred by the city in violating such nuisance shall be recoverable by the city as set forth in this chapter.

(Ord. No. 2473 (NCS), § 1.)

In addition to any fine or penalty imposed, whenever any discharger introduces or causes the introduction of nonstormwater or any pollutant in violation of this chapter and the discharge results in a violation of any state or federal laws or regulations, in violation of the city's NPDES permit, damages public property, or adversely affects the city's storm drainage system or receiving waters, the discharger shall be liable to the city for reasonable costs necessary to correct such discharge, detriment or adverse effect, including, but not limited to costs of investigation, inspection or re-inspection, and any other costs and expenses incurred by the city in association with the corrective action or the clean-up of the pollutant and its effects.

All costs incurred by the city shall be a personal obligation of the discharger and any owner of any property that is the source of any discharge, and may be recovered by the city by any available legal remedies. In addition to this personal obligation and all other remedies provided by law, the city may collect any judgment, fee, cost or charge, including any permit fees, fines, late charges or interest incurred by it in enforcing the provisions of this chapter.

(Ord. No. 2473 (NCS), § 1.)

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 may grant, as appropriate, any or all of the following remedies:

(a) A temporary and/or permanent injunction;

(b) Assessment against the violator for the costs of any investigation, inspection, or monitoring survey, which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting legal action as a result of violations of this chapter;

(c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

(d) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life; and

(e) Such other relief as the court may authorize. 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 these standards.

(Ord. No. 2473 (NCS), § 1.)

In addition to the other enforcement powers and remedies established in this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies.

(a) Cease and Desist Orders. When the authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer 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 a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

(b) Notice to Clean. Whenever the authorized enforcement officer 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 parcel of land or grounds, which may result in an increase in pollutants entering the city storm drain system or a nonstormwater discharge to the city storm drain system, he or she may give formal written 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 authorized enforcement officer shall specify in site notice the time allotted for compliance and the recipient of such notice shall undertake the activities necessary to abate such condition within the period of time specified. In the event the owner or operator of a facility fails to conduct the required activities as described in the notice, the authorized enforcement officer may cause such required activities as described in the notice and the cost thereof shall be invoiced to the owner of the property.

(c) Referral. The city may also report violations to the Monterey County water resources agency, State Regional Water Control Board, or California Department of Fish and Game for action as appropriate. Such actions may be taken for failure to respond appropriately to a cease and desist order or if evidence indicates that the violator acted willfully with intent to cause, allow to continue, or conceal discharge in violation of the ordinance codified in this chapter.

(Ord. No. 2473 (NCS), § 1.)

Duly authorized peace officers for the city shall have and are vested with the authority to arrest or cite and release any person who violates the provisions of this chapter, in the manner provided by California Penal Code Section 849.

It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by such peace officers or other city employees in discharging their duties in accordance with this part.

(Ord. No. 2473 (NCS), § 1.)

Any person, firm, corporation or organization required to perform monitoring, analyses, reporting, and/or corrective activities by the authorized enforcement officer who is aggrieved by the decision of the city engineer or an authorized enforcement officer may appeal such decision to the city manager within fifteen days following the effective date of the decision by furnishing written request for an appeal to the city manager. Upon receipt of such request, the city manager or his designee may request a report and recommendation from the city engineer or authorized enforcement officer and shall set the matter for hearing at the earliest practical date. At such hearing, the city manager or his designee shall hear any evidence presented by the appellant and the city engineer or enforcement officer, and may reject, affirm or modify the authorized enforcement officer's decision. Such decision shall be the city's final administrative determination of the matter.

(Ord. No. 2473 (NCS), § 1.)

The provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.

(Ord. No. 2473 (NCS), § 1.)

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

(Ord. No. 2473 (NCS), § 1.)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this division does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 2473 (NCS), § 1.)