San Anselmo Municipal Code Art. 3 Inspection and Enforcement

Any condition caused or allowed to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the Town Attorney.

(a) Abatement procedure; costs; lien. The abatement of any public nuisance under this chapter shall follow the procedures as set forth in Chapter 2, Title 1 of the Town's Municipal Code. The cost of such abatement and/or restoration of the property to its original condition shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until paid. Said lien shall be imposed and collected in accordance with the applicable provisions of State law and this Code.

(b) Inspections and sampling; authority and procedure.

(1) The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times to inspect the same for any or all of the following situations, as determined by the authorized enforcement official:

a. Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

b. Active or potential stormwater discharges;

c. Whenever there is reasonable cause to believe that there exists any condition that constitutes a violation of the provisions of this chapter or the Phase II Stormwater Permit;

d. Actual violations of this chapter or the Phase II Stormwater Permit;

e. Whenever necessary to enforce any of the provisions of this chapter or the Phase II Stormwater Permit; or

f. To perform any duty imposed upon the official by this chapter.

(2) The authorized enforcement official must present proper credentials to, and obtain consent from, the owner or occupant to enter. In the event that the owner and/or occupant refuses entry, the authorized enforcement official shall request assistance of the Town Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law.

(3) The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the Town, unless such cost is required to be paid by the property owner pursuant to any permit or other lawful order. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations, provided that the official presents proper credentials to, and obtains consent from, the owner or occupant to enter. In the event that the owner and/or occupant refuses entry, the authorized enforcement official shall request assistance of the Town Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of State law.

(4) Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of non-stormwater or other unlawful material, to any storm drain or drains, the authorized enforcement official may require that the owner and/or occupant conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the authorized enforcement official.

(5) Exigent circumstances. Whenever a condition is found to exist in violation of this chapter that presents an immediate and present danger to the public health, safety, and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including, but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement.

(Ord. No. 1103, § 1, 6-23-2015)

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 provision of this chapter, any such violation of this chapter may, in the discretion of the enforcement authority, constitute an infraction. If convicted of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Government Code Section 36901. If convicted of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 36900. 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 allowed by the person, firm, corporation or organization, and shall be punishable accordingly.

(Ord. No. 1103, § 1, 6-23-2015)

The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by a civil action brought by the Town Attorney in any court having appropriate jurisdiction. In any such action, the Town may seek any or all of the following remedies:

(1) A temporary or permanent injunction;

(2) Costs of investigation, inspection, sampling, or monitoring activities concerning the violation, and costs of suit;

(3) Costs of restoration of the premises from its condition resulting from the violations back to its original condition;

(4) Compensatory damages including, but not limited to, loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be paid to the Town and shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this chapter.

(Ord. No. 1103, § 1, 6-23-2015)

In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation, or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator's failure to comply with such order, the Town shall take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, state, or federal law. At the discretion of the authorized enforcement official, orders to cease and desist may take the following form:

(a) Verbal Warnings, as may be issued during inspections;

(b) Warning Letters and Orders to Abate Pollution;

(c) Warning Letters with requirements to submit written reports; or

(d) Formal violations and legal action as described in this chapter and as authorized by Title 1, Chapter 2 of the Town of San Anselmo Municipal Code.

(Ord. No. 1103, § 1, 6-23-2015)

The enumerated remedies provided in this chapter are in addition to, and do not supersede or limit, any and all other remedies, both civil and criminal. The remedies provided for herein shall be cumulative to, and not exclusive of, each other.

(Ord. No. 1103, § 1, 6-23-2015)

The authorized enforcement official shall have the authority to arrest or to cite any person who violates any provision of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or for citation of infractions and notice to appear, as prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, including Section 853.6, or as the same may be hereinafter amended.

It is the intent of the Town Council that the immunities provided in Penal Code Section 836.5 be applicable to public officers or employees acting within the course and scope of their employment pursuant to this chapter.

(Ord. No. 1103, § 1, 6-23-2015)