San Luis Obispo County Municipal Code Art. IV Inspection and Enforcement

(a) General Procedures.

(1) 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:

a. If such building or premises is occupied, he or she shall first present proper credentials and request entry; and

b. If such building or premises is 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.

(2) In the event the owner or occupant refuses entry after such request has been made, or in the event that the owner or person in charge of the building or premises cannot be located, or under other circumstances as authorized by law, an inspection warrant authorizing entry may be obtained, when necessary. The official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such warrant authorizing entry.

(3) 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 storm drain system, or similar factors.

(b) Notification of Spills. 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 county storm drain system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release, and shall notify the county of the occurrence by telephoning the county's director of public works and transportation and confirming the notification by correspondence to the same.

(c) Requirement to Test or Monitor. Any authorized enforcement official 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 discharge of non-stormwater to the stormwater 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 the monitoring, analyses and reports and the benefits to be obtained.

(Ord. 3143 § 1 (part), 2008)

Unless otherwise specified by ordinance, 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, in the discretion of the county, be charged and prosecuted as an infraction.

(Ord. 3143 § 1 (part), 2008)

(a) Any person convicted of a misdemeanor under this chapter shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(b) Any person convicted of an infraction under this chapter shall be punished by a fine not exceeding one hundred dollars for the first violation; by a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; and by a fine not exceeding five hundred dollars for each additional violation of the same ordinance committed by that person within one year.

(c) Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this chapter.

(Ord. 3143 § 1 (part), 2008)

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. 3143 § 1 (part), 2008)

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

(Ord. 3143 § 1 (part), 2008)

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 Water Quality Control Act and may be subject to the sanctions of those acts, including civil and criminal penalty.

(Ord. 3143 § 1 (part), 2008)

(a) 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 a threat to the public health, safety and welfare, and is declared and deemed a public nuisance.

(b) The cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be a lien upon and against the property.

(c) If violation of this chapter constitutes a seasonal and recurrent nuisance, the board of supervisors shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(Ord. 3143 § 1 (part), 2008)

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the district attorney. In any such action, the district attorney may seek 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 subsection;

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

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

(Ord. 3143 § 1 (part), 2008)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

(1) 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 a time schedule for compliance, and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

(2) Notice to Clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, 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 county storm drain system or a non-stormwater discharge to the county storm drain system, the official may give notice to the property owner and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, 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.

(Ord. 3143 § 1 (part), 2008)

(a) Authorized enforcement officials may issue a citation for an infraction and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code or as the same may hereafter be amended. It is the intent of the board of supervisors 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.

(b) Peace officers, but not 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 for misdemeanors or infractions as prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the Penal Code, or as the same may be hereinafter amended.

(Ord. 3143 § 1 (part), 2008)

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. 3143 § 1 (part), 2008)