Sierra Madre Municipal Code Art. IV Enforcement

The director may refuse or terminate service for noncompliance with this chapter, Chapter 13.14, or any other city code or regulations relating to the public sewer.

(Ord. No. 1292, § 1, 6-24-09)

Each duly authorized city employee and representative shall carry evidence establishing his or her position as such, and upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purpose of inspection, observation, assessment, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of this chapter and the rules and regulations of the city. If such entry is refused, the city shall have recourse to every remedy provided by law to secure entry.

(Ord. No. 1292, § 1, 6-24-09)

A. Decisions of the director may be appealed to the city manager.

B. Within thirty days of the filing date of a written appeal, the city manager shall conduct a hearing on the appeal. The city manager shall give the appellant at least five days' mailed notice of the date, time, and location of the hearing at the address(es) specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the city pursuant to this chapter.

C. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Subject to the reasonable discretion of the city manager to ensure an efficient and effective hearing, the appellant and the city may present testimony, witnesses, and evidence pertaining to the alleged nuisance or the ground(s) of appeal, as well as to cross-examine any witnesses testifying at the hearing.

D. The failure of the appellant to appear at the hearing without such cause as the city manager may deem sufficient to justify a continuance shall constitute a default and render the decision of the director final.

E. The decision of the city manager is final and binding. A decision shall be accompanied by the following: "This is a final administrative decision of the city; judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq."

(Ord. No. 1292, § 1, 6-24-09)

A violation of this chapter is declared a public nuisance which may be abated in the manner set forth in Chapter 8.16.

(Ord. No. 1292, § 1, 6-24-09)

Continued occupancy of any building in violation of the provisions of this or any other chapter, rule or regulation relating to the public sewer is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy during the period of such violation.

(Ord. No. 1292, § 1, 6-24-09)

A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor punishable pursuant to Chapter 1.12.

B. Cumulative Remedies. The remedies provided in this chapter are in addition to other remedies and penalties available under other applicable law.

(Ord. No. 1292, § 1, 6-24-09)