Sierra Madre Municipal Code Ch. 7.10 Inspection and Enforcement

The director of public works, and his or her authorized representative, are hereby authorized and directed to enforce all provisions of this title.

(Ord. 1137 § 1 (part), 1997)

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 a provision of this title, the officer may enter such building or premises at any reasonable time to inspect the same or perform any duty imposed upon the officer by this title, provided that:

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

B. If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or occupant of the building or premises and request entry. In the event that a request for entry is refused, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 1137 § 1 (part), 1997)

A. Notice to Correct Violations. The director of public works or his or her authorized designee may serve notice of violation upon a person owning or occupying a premises, describing the violations and requiring prompt correction thereof, when:

1. Pollutants or potential pollutants are being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions: (i) a public nuisance, (ii) a menace to the public safety, (iii) pollution of underground or surface waters, (iv) damage to any public sewer, municipal storm sewer system, or public or private property;

2. The person has failed to respond or comply with a previous notice of violation within the time period specified in the notice.

Failure to comply with a duly served notice of violation shall constitute a wilful violation of this title.

B. Cease and Desist Order. The director of public works or his or her duly authorized representative may serve a cease and desist order upon a person owning or occupying a premises, requiring the person to: (a) immediately discontinue any process water, waste water, or pollutant discharge to the municipal storm sewer system; (b) immediately block or divert any flow of water from the property, where the flow is occurring in violation of any provision of this title; and (c) immediately discontinue any other violation of this title. The cease and desist order may contain terms and conditions or other provisions to ensure compliance with this title.

C. Violation of Public Nuisance. A violation of any provision of this title is declared to be a public nuisance. The city may abate such violation(s) by means of a civil action with all costs for such abatement and restoration to be borne by the party responsible for the nuisance.

D. Criminal Penalties. Any person violating any provision of this title is guilty of a misdemeanor, and upon conviction is punishable by fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment.

E. Continued Violations. Each day during which any violation described in this title as wilful continues shall constitute a separate offense punishable as provided by this division.

F. Other Penalties. Any person who violates any provision of this title, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition or effluent limitation, also may 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 penalties.

G. Cumulative Penalty. The penalties and remedies established by this title shall be cumulative.

H. Reimbursement. Any penalty collected hereunder shall be used as reimbursement for the department of public works' costs and expenses of administration, inspection and enforcement of this title.

I. Emergency Remedial Measures. The city shall have full power and authority to take any necessary precautions including, but not limited to, decontamination, storm drain closure, packaging, diking and transportation of materials, in order to protect life, protect property, or prevent an imminent hazard to the public's health, safety or welfare.

(Ord. 1137 § 1 (part), 1997)