Sierra Madre Municipal Code Ch. 13.14 Fats, Oil and Grease Ordinance

This chapter shall be known as the "Fats, Oil and Grease Protection Ordinance" and may be cited as such.

(Ord. No. 1293, § 1, 6-23-09)

A. The purpose of this chapter is to allow the maximum beneficial public use of the city's sewer services and facilities while preventing blockages of the sewer lines resulting from discharges of fats, oil and grease to the public sewer and to specify appropriate fats, oil, and grease discharge requirements for food service establishments.

B. To comply with federal, state, and local policies regarding sanitary service overflow and to allow the city to meet applicable standards and provisions for the regulations of wastewater or waste containing fats, oil and grease discharges to the sewer facilities.

(Ord. No. 1293, § 1, 6-23-09)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

"Change in operations" means any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by FSEs in an amount that alone or collectively causes or creates a potential for SSOs to occur.

"Director" means the director of public works of the city of Sierra Madre or designee.

"Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as user.

"Effluent" means any liquid outflow from the FSE that is discharged to the sewer.

"Fats, oils and grease (FOG)" means any substance such as a vegetable or animal product that is used in, or is a by product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

"FOG control program" means the FOG control program required by and developed pursuant to State Water Resources Control Board Order Number 2006-0003.

"Food service establishment (FSE)" means facilities defined in California Health and Safety Code Section 113785 and any commercial entity, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in California Uniform Retail Food Facility Law Section 113785.

"Food grinder" means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system.

"Grease control device" means any grease interceptor, grease trap or other mechanism, device or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. "Grease control device" may also include any other proven method to reduce FOG subject to the approval of the city.

"Grease cleaning fee" means a fee charged to an owner/operator of a FSE when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE under consideration, impossible or impracticable. The grease cleaning fee is an annual fee to equitably cover the costs of increased maintenance of the sewer system for inspection and cleaning of FOG and other viscous or solidifying agents that a properly employed grease control device would otherwise prevent from entering the sewer system.

"Grease interceptor" means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the Chapter 15.20, ground between a FSE and the connection to the public sewer. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.

"Grease trap" means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable.

"Hearing officer" means an individual designated by the director to conduct certain procedural hearings required by this chapter.

"Hot spots" means areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system.

"Inflow" means water entering a public sewer system through a direct stormwater runoff connection to the public sewer, which may cause an almost immediate increase in wastewater flows.

"Infiltration" means water entering the public sewer, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.

"Inspector" means a person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.

"Interceptor" means a grease interceptor.

"Interference" means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the public sewer or is a cause of violation of the city's NPDES or waste discharge requirements.

"Limited food preparation establishment" means a limited food preparation establishment is engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is a de minimus or no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor or consistency of food. A limited food preparation establishment is not considered a food service establishment for purposes of this chapter.

"Manifest" means that receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the city.

"New construction" means any structure planned or under construction for which sewer connection permits has not been issued.

"NPDES" means the National Pollutant Discharge Elimination System; the permit issued to control the discharge of liquids or other substances or solids to surface waters of the United States as detailed in Public Law 92-500, Section 402.

"Person" means any individual, partnership, firm, association, corporation or public agency, including the state of California and the United States of America.

"Program manager" means the individual designated by the director of public works to administer the FOG control program. A consultant retained under contract by the city may be designated as the FOG control program manager. The FOG control program manager is responsible for all determinations of compliance with the program, including approval of discretionary waivers, inspections and development and implementation of the best management practices and the rules and regulations for the city's FOG control program.

"Public agency" means the state of California and/or any city, county, special district, other local governmental authority or public body of or within this state.

"Public sewer" means a sewer owned and operated by the city, or other local public agency, which is tributary to the city's sewer facilities.

"Regulatory agencies" means regulatory agencies means those agencies having regulatory jurisdiction over the operations of the city, including, A. United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA); California State Water Resources Control Board (SWRCB); California Regional Water Quality Control Board; South Coast Air Quality Management District (SCAQMD); and California Department of Health Services (DOHS).

"Remodeling" means a physical change or operational change causing generation of the amount of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur; or exceeding a cost of fifty thousand dollars to a FSE that requires a building permit, and involves any one or combination of the following: (1) Under slab plumbing in the food processing area, (2) a thirty percent increase in the net public seating area, (3) a thirty percent increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment.

"Rules and regulations" means non-punitive rules and regulations as adopted by the city council from time to time, and implemented by the program manager to accomplish the purposes of this chapter and the FOG control program.

"Sewage" means wastewater.

"Sewer facilities or system" means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater.

"Sewer lateral" means that part of the horizontal piping beginning twenty-four inches from the exterior wall of the building or structure and extending to its connection with the main line sewer, through which is discharged sewage.

"Sanitary sewer overflow (SSO)" means a sewer spill, loss or discharge of sewage from a sanitary sewer system.

"Twenty-five percent rule" means a requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five percent of the design hydraulic depth of the grease interceptor. This rule is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the sewer system.

"User" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as discharger.

"Waste" means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

"Wastewater" means the liquid and water-carried wastes whether treated or untreated, discharged into or permitted to enter a public sewer.

(Ord. No. 1293, § 1, 6-23-09)

A. The program manager is authorized and directed to develop and implement rules and regulations, as adopted by the city council, consistent with and to effectuate this chapter, including enforcement and administration of the FOG control program. Any such rule or regulation may be added, modified or deleted as necessitated by changes in law, increased demands of regulatory agencies with jurisdiction over the sewer system or technological improvements or advances. The city will provide a copy of said rules and regulations to all FSEs. The burden to secure and comply with the rules and regulations shall be upon the FSE and in accordance with the goals and purposes of the FOG control program.

B. The city manager, the director, and persons designated and under the instruction and supervision of any of them, may investigate compliance of this chapter.

(Ord. No. 1293, § 1, 6-23-09)

A limited food preparation establishment is not considered a FSE for purposes of this chapter and is not subject to any of the requirements of this chapter, except as may be necessary to determine whether a business qualifies as a limited food preparation establishment.

(Ord. No. 1293, § 1, 6-23-09)

The city hereby creates and establishes its FOG control program in order to minimize SSOs by regulating, prohibiting and controlling the discharge of FOG to the sewer system by FSEs, in compliance with State Water Resources Control Board Order Number 2006-0003.

(Ord. No. 1293, § 1, 6-23-09)

The following prohibitions and/or requirements shall apply to all FSEs:

A. No person shall discharge to the sewer system any FOG which may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral.

B. No person shall install food grinders with any new FSE construction. All existing food grinders shall be removed from FSEs within one hundred eighty days of the effective date of this ordinance.

C. No person shall introduce any additives into a FSE's sewer system for the purpose of emulsifying FOG, unless a specific written authorization from the program manager is obtained.

D. No person shall dispose cooking oil into the sewer system. All waste cooking oils shall be collected and stored properly in receptacles, such as barrels or drums, for recycling or other acceptable methods of disposal, in accordance with applicable federal, state and local laws or regulations.

E. No person shall discharge dishwasher wastewaters to any grease control device.

F. No person shall discharge wastewater with temperatures in excess of one hundred forty degrees Fahrenheit to any to any grease control device.

G. No person shall use biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization from the program manager.

H. No person shall discharge wastes from toilets, urinals, washbasins and other fixtures containing fecal materials to sewer lines intended for grease interceptor service.

I. No person shall discharge any waste, including FOG and solid materials removed from the grease control device, to the sewer system. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors.

J. Operation of grease interceptors with FOG and solids accumulation exceeding twenty-five percent of the total operating depth of the grease interceptor (twenty-five percent rule) is prohibited.

(Ord. No. 1293, § 1, 6-23-09)

All FSEs shall provide wastewater acceptable to the city, under the requirements and standards established herein before discharging to any public sewer. FSEs may be required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

A. New construction of FSEs shall be required to install grease interceptors prior to the issuance of a certificate of occupancy.

B. Existing FSEs undergoing remodeling or any change in operations may be required to install grease interceptors prior to the issuance of any building permit, certification of occupancy, final permit approval, or if none, prior to commencing the discharge of wastewater to the sewer system, unless a conditional waiver is obtained from the program manager, pursuant to this section.

C. Existing FSEs are required to install a grease interceptor if the program manager makes a determination (by inspection, sampling or other means) that the existing FSE(s) currently is or has the reasonable potential to adversely impact the sewer system by causing or contributing to hot spots, FOG-related blockages or interference sewer system flows, or SSOs. If the program manager makes this determination, the FSE(s) shall install a grease interceptor within one hundred eighty days after receipt of official notification from the city unless said FSE obtains a conditional waiver in lieu of a grease interceptor as detailed below.

D. Conditional Waiver.

1. Any existing FSE may obtain a conditional waiver from the program manager, in order to avoid compliance with the grease interceptor requirement. The FSE bears the burden of demonstrating, to the program manager's reasonable satisfaction, that the installation of a grease interceptor is not necessary and that acceptable alternatives such as, but not limited to, installation of a grease trap(s) or implementation of BMPs will be sufficient to prevent significant FOG discharges from the applicant FSE. Upon determination by the program manager that a conditional waiver may be granted, the FSE will be given notice in writing by the program manager that a waiver has been approved and that the FSE is relieved of the requirement to install a grease interceptor, so long as the waiver remains effective. The program manager may impose terms and conditions on the issuance of a waiver and may impose conditions of the FSE's business license in accordance with any approved waiver.

2. The conditional waiver shall be valid only so long as the FSE remains in compliance with all other requirements of this chapter, including, but not limited to, the requirements to apply for a new or renewed business license and to implement BMPs.

3. A conditional waiver may be suspended or revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the conditional waiver was based change so that the justification for the exception no longer exists. Appeal of any suspension or revocation may be had, as provided in this chapter.

E. Conditional Waiver of Interceptor Requirement with a Grease Cleaning Fee. An existing FSE may obtain a conditional waiver from the installation of a grease interceptor from the program manager, if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The FSE bears the burden of demonstrating, to the program manager's reasonable satisfaction, that the installation of a grease interceptor is not feasible or applicable. The program manager may issue a written waiver listing the conditions upon which said waiver is granted, relieving the FSE from the requirement to install an interceptor, upon a determination of one or more of the following conditions:

1. The FSE can substantively demonstrate that it employs an alternative pretreatment technology that is equivalent or better than a grease interceptor in controlling its FOG discharge;

2. The FSE provides evidence through downstream visual monitoring of the sewer system, for at least three months, at its own expense, that no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines is occurring;

3. There is no potential for FOG from the FSE to cause or contribute to SSOs;

4. The FSE discharges of FOG are negligible and have an insignificant impact to the sewer system;

5. The FSE may use or may be required to install grease traps, in lieu of installation of a grease interceptor, and/or may be required to pay a grease cleaning fee, when:

a. There is not adequate space for the installation and/or maintenance of a grease interceptor.

b. There is not adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer system.

c. No alternative pretreatment can be installed.

The maintenance requirements of all grease traps shall be complied with, as specified in the rules and regulations.

6. The FSE must agree to either hire a contractor to clean and inspect the sewer main, as may be established in the rules and regulations, or pay an annual grease cleaning fee to the city for the increased cost to clean the sewer system. The grease cleaning fee shall be established by resolution or ordinance of the city council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device.

F. Revocation of Conditional Waiver. A conditional waiver may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the conditional waiver is based change so that the justification for the waiver no longer exists. The conditional waiver shall be valid so long as the FSE remains in compliance with the terms and conditions in the waiver. The program manager's determination to revoke a conditional waiver shall be based upon, but not limited to, the evaluation of the following conditions:

1. Quantity of FOG discharge as measured or as indicated by the size of FSE based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that may reasonably be shown to contribute to FOG discharges.

2. Adequacy of implementation of BMPs and compliance history.

3. Change in sewer size, grade, condition based on visual information, deposits of FOG in the sewer by the FSE, and the history of maintenance and sewage spills in the receiving sewer system.

4. Changes in operations that significantly affect FOG discharge.

5. Any other condition deemed reasonably related to the generation of FOG discharges by the program manager.

G. Period of Validity. The conditional waiver shall be valid only so long as the FSE remains in compliance with all requirements of this chapter, including, but not limited to, the requirements to apply for a new or renewed business license and to implement BMPs. The conditional waiver may be suspended or revoked if any of the terms and conditions for its issuance are not satisfied. Appeal of any suspension or revocation may be had as provided in this chapter.

(Ord. No. 1293, § 1, 6-23-09)

Full compliance with the provisions of this chapter shall be required for the valid issuance of any FSE business license pursuant to Title 5 of this code. The issuance, renewal or continued validity of a FSE business license may be subject to certain terms and conditions, as determined by the program manager based on the following:

A. The discharger's current or anticipated operating data;

B. The city's current or anticipated operating data;

C. Changes in the requirements of regulatory agencies which affect the city; or

D. A determination by the program manager that such conditions are appropriate to further the objectives of this chapter.

(Ord. No. 1293, § 1, 6-23-09)

All FSEs shall implement BMPs in their operation to minimize the discharge of FOG to the sewer system. The requirements and guidelines for BMPs are to be followed, which may include kitchen practices and employee training that are essential to minimizing FOG discharges, and which may be specified in the rules and regulations. BMPs shall include, at a minimum, installation of drain screens, segregation and collection of waste cooking oil, and proper management, disposal of food waste into the trash or garbage, maintenance of kitchen exhaust filters and kitchen signage. All FSE shall provide employee training within one hundred eighty days of the effective date of this chapter, to all new employees within ten days of their employment, and to all employees twice each calendar year, on BMPs. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review upon request by the program manager or an authorized inspector.

(Ord. No. 1293, § 1, 6-23-09)

Property owners of commercial properties shall be responsible for the installation and maintenance of the grease interceptor(s) serving multiple FSEs that are located on a single parcel.

(Ord. No. 1293, § 1, 6-23-09)

FSEs found to have contributed to a sewer blockage, SSOs or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a grease interceptor, and may be subject to a plan or business license conditions to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. SSOs may cause injury to public health, safety, and welfare of life and threaten life and property and are hereby declared public nuisances. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner and FSE, and individual(s) as a responsible officer or owner of the FSE(s). If the city must act immediately to contain and clean up a SSO caused by blockage of a private or public sewer lateral or system serving a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare or property of the public, the city's costs for such abatement may be entirely borne by the property owner and/or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE(s) and shall constitute a debt to the city and become due and payable upon the city's demand for reimbursement of such costs.

(Ord. No. 1293, § 1, 6-23-09)

A. All FSEs shall provide wastewater acceptable to the city, under the requirements and standards established herein, before discharging to any public sewer. Any FSE required to provide FOG pretreatment shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter.

B. Grease interceptor sizing and installation shall conform to Uniform Plumbing Code Chapter 10. Grease interceptors shall be constructed in accordance with the design approved by the program manager and shall have a minimum of two compartments with fittings designed for grease retention.

C. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease.

D. Access manholes, with a minimum diameter of twenty-four inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

(Ord. No. 1293, § 1, 6-23-09)

A. FSEs may be required to install grease traps in the waste line leading from drains, sink and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

B. Sizing and installation of grease traps shall conform to Uniform Plumbing Code Chapter 10, or as required by the program manager.

C. Grease traps shall be maintained by removing accumulated grease on a daily basis, or as often as required or necessary to ensure efficient operating conditions.

D. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process.

E. Grease traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device. Grease traps and their baffles shall be maintained free of all caked-on FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process.

F. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

(Ord. No. 1293, § 1, 6-23-09)

A. Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor which includes wastewater, accumulated FOG, floating materials, sludge and solids.

B. All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the program manager pursuant to this section.

C. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

D. FSEs with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency for grease interceptors.

E. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:

1. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation do not exceed twenty-five percent of the total design hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention tithe and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the sewer system.

2. All FSEs with a grease interceptor shall maintain their grease interceptor not less than every six months.

3. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in subsection E.1. of this section has not been established. The maintenance frequency shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in subsection E.1. of this section and guidelines adopted pursuant to the FOG control program. The city may change the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual generation of FOG from the FSE, the maintenance frequency may be increased or decreased.

4. The owner/operator of a FSE may submit a request to the program manager requesting a change in the maintenance frequency at any time. The FSE has the burden to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements described in subsection E.1. of this section, and that it is in full compliance with the conditions of this chapter. Upon determination by the program manager that a requested revision is justified, the maintenance frequency shall be adjusted.

5. If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in subsection E.1. of this section 1, the FSE shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge and other materials are completely removed from the grease interceptor. If deemed necessary, the program manager may also increase the maintenance frequency of the grease interceptor from the current frequency.

F. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be properly disposed of off site by waste haulers, in accordance with all applicable federal, state and/or local laws.

(Ord. No. 1293, § 1, 6-23-09)

A. Monitoring for Compliance with this Chapter and Reporting Requirements.

1. All FSEs shall meet the requirements and standards for monitoring and/or sampling necessary to comply with the purposes of this chapter before discharging to any public sewer. Requirements for monitoring and/or sampling may be specified and described in the rules and regulations.

2. The program manager may require monitoring for compliance with this chapter in accordance with the rules and regulations in an effort to minimize the discharge of FOG to the sewer system.

3. The program manager may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG control program.

4. Other reports may be required such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the program manager to ensure compliance with this chapter.

B. Record Keeping Requirements. All FSEs shall be required to keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than two years. The FSE shall, upon request, make the manifests, receipts and invoices available to any city representative or inspector. These records may include:

1. A logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices.

2. A record of BMPs being implemented, including employee training.

3. Copies of records and manifests of waste hauling interceptor contents.

4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptors.

5. Records of any spills and/or cleaning of the lateral or sewer system.

6. Any other information deemed appropriate by the program manager to ensure compliance with this chapter.

C. Falsifying Information or Tampering with Process. It shall be unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city, to destroy any record required to be maintained by this chapter, or to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this chapter.

(Ord. No. 1293, § 1, 6-23-09)

A. The program manager may inspect or order the inspection and sample the wastewater discharges of any FSE to ascertain whether the FSE is complying with all requirements of this chapter. The FSE shall allow city representatives or inspectors access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's grease control devices or interceptor, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor.

B. The program manager shall have the right to place, or order the placement on the FSE's property, such devices as are necessary to conduct sampling or metering operations. Where a FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities/inspections.

C. In order for the program manager to determine the wastewater characteristics of the discharger for compliance with this chapter, the FSE shall make available for inspection and copying by the city all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal without restriction but subject to the confidentiality provision set forth in this chapter. All such records shall be kept by the FSE a minimum of two years.

(Ord. No. 1293, § 1, 6-23-09)

Persons or occupants of premises where wastewater is created or discharged shall allow the program manager or other city representative, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the sewer system. If entry is refused, the program manager or his/her designee shall have recourse to the remedies provided by law to secure entry. In the event of an emergency involving an actual or imminent sanitary sewer overflow, city representatives may access FSEs, or adjoining businesses or properties which share a sewer conveyance system with a FSE, in older to prevent or remediate an actual or imminent SSO.

(Ord. No. 1293, § 1, 6-23-09)

A. In the event a FSE is unable to comply with any of the requirements of this chapter due to a breakdown of equipment, accidents, or human error or the FSE has reasonable opportunity to know that his/her/its discharge will exceed the discharge provisions of this chapter, the discharger shall immediately notify the city by telephone at the number specified in the rules and regulations. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department or county, and the city.

B. Confirmation of this notification shall be made in writing to the program manager no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.

C. Such notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees or other liability which may be imposed by this chapter or other applicable law.

(Ord. No. 1293, § 1, 6-23-09)

All FSEs shall notify the city at least sixty days in advance prior to any facility expansion/remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. The FSE shall notify the city in writing of the proposed expansion or remodeling and shall submit any information requested by the city for evaluation of the effect of such expansion on the FSE's FOG discharge to the sewer system.

(Ord. No. 1293, § 1, 6-23-09)

A. The city finds that in order for it to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the city's sewer facilities are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the city's system by FSEs.

B. Any determination relating to a notice of violation will be made by the program manager, with a right of appeal by the FSE to a hearing officer designated by the director, as set forth in this chapter.

C. The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this chapter in response to any violations of this chapter, or any other remedies as provided by law.

(Ord. No. 1293, § 1, 6-23-09)

A. Inspection Procedures.

1. Inspection of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the program manager.

2. Noncompliance with BMPs, twenty-five percent rule for grease interceptors, maintenance frequency requirements for grease interceptors, or any provisions of this chapter may be determined by an inspection of the FSE.

B. Noncompliance Fees. Any FSE determined to be in noncompliance with any provision of this chapter shall pay a noncompliance fee. The purpose of the noncompliance fee is to compensate the city for costs of additional inspections and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any civil or criminal penalties as may be assessed. Noncompliance fees shall be in the amount set by ordinance or resolution of the city council.

(Ord. No. 1293, § 1, 6-23-09)

A. Upon determination that a FSE is not in compliance with this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the program manager may require the FSE to enter into a compliance schedule agreement (CSA) pursuant to this section.

B. A CSA may contain terms and conditions including but not limited to requirements for installation of a grease control device, grease interceptor and facilities, submittal of drawings or reports, audit of waste hauling records, best management and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.

C. The program manager shall not enter into a CSA until such time as all amounts owed to the city, including user fees, noncompliance sampling fees, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the program manager and city attorney.

D. If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the program manager may issue an order suspending or revoking the FSE business license in accordance with the provisions of this chapter.

(Ord. No. 1293, § 1, 6-23-09)

A. A hearing officer may suspend any FSE business license when it is determined that the FSE has done any of the following:

1. Has failed to comply with the terms and conditions of a CSA.

2. Knowingly provided a false statement, representation, record, report or other document to the city.

3. Refused to provide records, reports, plans, or other documents required by the city to determine discharge compliance, or compliance with this chapter, or knowingly destroyed such documents.

4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method.

5. Refuses reasonable access to the FSE premises for the purpose of inspection and monitoring.

6. Does not make timely payment of all amounts owed to the city for user charges, business license fees, inspection fees or any fees imposed pursuant to this chapter.

7. Causes interference, sewer blockages, or SSOs with the city's collection, treatment, or disposal system.

8. Violates grease interceptor maintenance requirements, any condition or limit imposed on the FSE's business license or any provision of this chapter or other applicable law.

B. When the program manager has reason to believe that grounds exist for business license suspension, he or she shall give written notice thereof by certified mail to the FSE setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by a hearing officer. The hearing date shall be not less than fifteen calendar days nor more than forty-five calendar days after the mailing of such notice.

1. At the suspension hearing, the FSE shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the director and approved by the city attorney.

2. The hearing officer shall prepare a written report setting forth a brief statement of facts found to be true, a determination of the issues presented, and conclusions.

3. The hearing officer shall issue his or her decision and order in writing within thirty calendar days after the conclusion of the hearing. The written decision and order of the hearing officer shall be sent by certified mail to the FSE or its legal representative at the FSE's business address.

C. Effect.

1. Upon an order of suspension by the city becoming final, the FSE shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the sewer system for the duration of the suspension. The FSE shall also have no right to conduct business in the city for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the FSE.

2. Any owner or responsible management employee of the FSE shall be bound by the order of suspension, and are responsible to ensure that all employees of the FSE comply with any such order.

3. An order of business license suspension issued by the hearing officer shall be final in all respects on the sixteenth day after it is mailed to the FSE unless an appeal is filed with the city clerk pursuant to this chapter regarding appeals to the city council no later than five p.m. On the fifteenth day following such mailing.

(Ord. No. 1293, § 1, 6-23-09)

A. A hearing officer may revoke any FSE business license when it is determined that the FSE has done any of the following:

1. Knowingly provided a false statement, representation, record, report, or other document to the city.

2. Refused to provide records, reports, plans, or other documents required by the city to determine discharge compliance, or compliance with this chapter, or knowingly destroyed such documents.

3. Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method.

4. Failed to comply with any terms and conditions imposed on the FSE's business license.

5. Discharged effluent to the sewer system or conducted business while the FSE business license was suspended.

6. Refused reasonable access to the FSE premises for purpose of inspection and monitoring.

7. Did not make timely payment of all amounts owed to the city for user charges, business license fees, inspection fees or any fees imposed pursuant this chapter.

8. Caused interference, sewer blockages, or SSOs with the city's sewage collection, treatment or disposal system.

9. Violated grease interceptor maintenance requirements, any condition or limit imposed on the FSE's business license or any provision of this chapter or other applicable law.

B. Notice and Hearing. When the program manager has reason to believe that grounds exist for the revocation of a business license, he or she shall give written notice by certified mall thereof to the FSE setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the hearing officer designated by the director of public works. The hearing date shall be not less than fifteen calendar days nor more than forty-five calendar days after the mailing of such notice.

1. At the hearing, the FSE shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the director and approved by the city attorney.

2. After the conclusion of the hearing, the hearing officer shall prepare a written report setting forth a brief statement of facts found to be true, a determination of the issues presented, and conclusions.

3. The hearing officer shall issue his/her decision and order in writing within thirty calendar days after the conclusion of the hearing. The written decision and order of the hearing officer shall be sent by certified mail to the FSE or its legal counsel/representative at the FSE's business address. In the event the hearing officer determines not to revoke the permit, he or she may order other enforcement actions, including, but not limited to, a temporary suspension of the business license or imposition of conditions on the business license, under terms and conditions that he/she deems appropriate.

C. Effect.

1. Upon an order of revocation by the hearing officer becoming final, the FSE shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the sewer system and shall have no right to conduct business in the city. All costs for physical termination shall be paid by the FSE.

2. Any owner or responsible management employee of the FSE shall be bound by the order of revocation, and is responsible to ensure that all employees of the FSE comply with any such order.

3. Any future application for a business license at any location within the city by any person or entity which was previously subject to an order of revocation or suspension will be considered by the program manager after fully reviewing the records of the revoked or suspended business license, which records may be the basis for denial of a new business license application.

4. An order of business license revocation or other enforcement action issued by the hearing officers shall be final in all respects on the sixteenth day after it is mailed to the FSE unless an appeal is filed with the city clerk pursuant to this chapter regarding appeals to the city council, no later than five p.m. on the fifteenth day following such mailing.

(Ord. No. 1293, § 1, 6-23-09)

A. Any person who discharges any waste which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the sewer system or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the city to clean up any resulting sewage spills, and to resume normal operations. A service charge of fifteen percent of city's costs shall be added to the costs and charges to reimburse the city for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five days of invoicing by the city.

B. Any person who discharges waste which causes or contributes to the city violating its discharge requirements established by any regulatory agency, incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court.

(Ord. No. 1293, § 1, 6-23-09)

Discharge of wastewater in any manner in violation of this chapter or of any order issued by the program manager, hearing officer or city manager, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the program manager or city manager. Any violation of this chapter is likewise declared a public nuisance. Any person creating a public nuisance is guilty of a misdemeanor. No prosecution of any public nuisance action shall preclude the city from pursuing any other remedy for a violation of this chapter.

(Ord. No. 1293, § 1, 6-23-09)

A. The city, by order of the director, may physically terminate sewer service to any property as follows:

1. On a term of any order of suspension or revocation of a business license; or

2. Upon the failure of a person not holding a valid business license to immediately cease the discharge, whether direct or indirect, to the sewer system after the notice and the completion of any process relating to permit suspension or revocation.

B. All costs for physical termination shall be paid by the owner or operator of the FSE as well as all costs for reinstating service.

(Ord. No. 1293, § 1, 6-23-09)

A. The city may, by order of the city manager, suspend sewer service when the city manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the sewer system, or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.

B. As soon as reasonably practicable following the issuance of an emergency suspension order, but in no event more than five business days following the issuance of such order, the city manager shall hold a hearing to provide the fse the opportunity to present information in opposition to the emergency suspension order. Such a hearing shall not stay the effect of the emergency suspension order. The hearing shall be conducted in accordance with procedures established by the city manager and approved by the city attorney. The city manager shall issue a written decision and order within two business days following the hearing, which decision shall be sent by certified mail to the FSE at that FSE's business address and/or to its legal representative at the address provided by such representative to the city. The decision of the city manager following the hearing shall be final and not appealable, but may be subject to judicial review pursuant to Section 13.14.350. The city manager's decision may approve, modify or rescind the emergency suspension order, including an order that sewer service be terminated all together, if necessary. All costs for physical termination shall be paid by the owner or operator of the FSE as well as costs for reinstating service.

(Ord. No. 1293, § 1, 6-23-09)

A. All users of the sewer system and facilities are subject to enforcement actions administratively or judicially brought by the city, U.S. EPA, California Regional Water Quality Control Board, or city attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); (5) California Government Code, Sections 54739—54740; and this chapter.

B. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by the city, as caused by the discharge of any user of the sewer system which is in violation of any provision of this chapter, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.

C. Pursuant to the authority of California Government Code Sections 54739—54740, any person who violates any provision of this chapter shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Pursuant to the authority of the Civil Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. The city attorney, upon request of the city manager, shall petition the Superior Court to impose, assess and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal or state legislative authorization or this chapter.

D. Administrative Civil Penalties.

1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates any provision of this chapter, prohibition, or effluent limit.

2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the city's regulations, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the city manager. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted.

3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the city manager and approved by the city attorney.

4. If the city manager designated a hearing officer, after the conclusion of the hearing, the hearing officer shall submit a written report to the city manager setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation.

5. Upon receipt of the written report by the hearing officer, or conclusion of the hearing if the city manager conducted the hearing, the city manager shall make his or her determination and should he or she find that grounds exist for assessment of a civil penalty against the person, he or she shall issue his or her decision and order in writing within thirty calendar days after the conclusion of the hearing.

6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the city manager or city council may assess a civil penalty against that person. In determining the amount of the civil penalty, the city manager or city council may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved.

7. Civil penalties may be assessed as follows:

a. In an amount which shall not exceed two thousand dollars for each day for failing or refusing to furnish required reports;

b. In an amount which shall not exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedules established by the city;

c. In an amount which shall not exceed five thousand dollars per violation for each day of discharge in violation of any waste discharge limit, or requirement issued, reissued, or adopted by the city;

d. In any amount which does not exceed ten dollars per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.

8. An order assessing administrative civil penalties issued by the city manager shall be final in all respects on the thirty-first day after it is served on the person unless an appeal and request for hearing is filed with the city clerk, pursuant to this chapter regarding appeals to the city council, no later than five p.m. on the thirtieth day following such mailing. An order assessing administrative chill penalties issued by the city council shall be final upon issuance.

9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his or her business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order.

10. Any person aggrieved by a final order issued by the city council, after granting review of the order of the city manager, may obtain review of the order of the city council in the Superior Court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty days following the service of a copy of the decision or order issued by the city council.

11. Payment of any order setting administrative civil penalties shall be made within thirty days of the date the order becomes final. The amount of any administrative civil penalties imposed shall constitute a debt to the city.

12. No administrative civil penalties shall be recoverable for any violation for which the city has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740

(Ord. No. 1293, § 1, 6-23-09)

Any person who violates any provision of this chapter is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.

(Ord. No. 1293, § 1, 6-23-09)

A. Any FSE affected by any administrative decision, action or determination made by the program manager or notice of violation issued by any city inspector may file with the director a written request for a hearing on the decision, action or determination. The request must be received by the city within fifteen days of mailing or posting of notice of the decision, action, or determination of the program manager to the person requesting the hearing. The request for hearing shall set forth in detail all facts in support of the request.

B. A hearing officer shall, within fifteen days of receiving the request for hearing, provide written notice to the person requesting the hearing of the hearing date, time and place. The hearing date shall not be more than thirty days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the person requesting the hearing. If the hearing is not held within said time due to actions or inactions of the person requesting the hearing, then the staff decision shall be deemed final.

C. At the hearing, the person requesting the hearing shall have the opportunity to present information supporting its position concerning the challenged decision, action or determination. The hearing shall be conducted in accordance with procedures established by director and approved by the city attorney.

D. After the conclusion of the hearing, the hearing officer shall prepare a written report setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a determination whether to uphold, modify or reverse the challenged decision, action or determination. The hearing officer shall issue his/her decision and order within thirty calendar days of the hearing. The written decision and order of the hearing officer shall be sent by certified mail to the person requesting the hearing or its legal counsel/representative at the address provided to the city in the request.

E. The fee for a hearing pursuant to this section shall be set by resolution of the city council.

F. The order of the hearing officer shall be final in all respects on the sixteenth day after it is mailed to the person requesting the hearing unless an appeal is filed with the city clerk pursuant to this chapter regarding appeals to the city council no later than five p.m. On the fifteenth day following such mailing.

(Ord. No. 1293, § 1, 6-23-09)

A. Any FSE adversely affected by a decision, action, or determination made by any hearing officer or the city manager, except as an appeal may be specifically restricted in this chapter, may, prior to the date that the hearing officer's order becomes final, file a written appeal with the city clerk for hearing before the city council accompanied by an appeal fee in the amount established by resolution or ordinance of the city council. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request.

No later than sixty days after receipt of the request for hearing, the city council shall either set the matter for a hearing, or deny the request for a hearing.

A hearing shall be held by the city council within sixty-five days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the city council. If the matter is not heard within the required time, due to actions or inactions of the appellant, the hearing officer's order shall be deemed final.

B. The city council shall grant all requests for a hearing on appeals concerning the suspension, revocation, or denial of a business license due to application of the provisions of this chapter. Whether to grant or deny the request for a hearing on appeals of other decisions of the hearing officer shall be within the sole discretion of the city council.

C. The appeal fee shall be refunded if the city council denies a hearing or reverses or modifies, in favor of the appellant, the order of the hearing officer. The fee shall not be refunded if the city council denies the appeal.

D. After any appeal hearing, the city council shall make a determination whether to uphold, modify, or reverse the decision, action or determination made by the hearing officer.

E. The decision of the city council shall be set forth in writing within sixty-five days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the city council shall be sent by certified mail to the appellant at the appellant's business address and/or to its legal counsel/representative at the address provided to the city. The order of the city council shall be final upon its adoption. In the event the city council fails to reverse or modify the hearing officer's order, it shall be deemed affirmed.

(Ord. No. 1293, § 1, 6-23-09)

A. Except as otherwise provided, all fees, charges and penalties required to be paid pursuant to this chapter, whether established in this chapter or by other ordinance or resolution, are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five days after date of invoice.

B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:

1. Forty-six days after date of invoice, a basic penalty of ten percent of the base invoice amount, not to exceed a maximum of one thousand dollars; and

2. A penalty of one and one-half percent per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth day after date of invoice.

C. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.

D. Payment of disputed charges is still required by the due date during city review of any submitted appeal.

E. Collection of delinquent accounts shall be in accordance with the city's policy for collection of delinquent obligations owed to the city. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.

(Ord. No. 1293, § 1, 6-23-09)

A. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. Notwithstanding the foregoing, the time limits set forth in California Government Code Section 54740, or any successor provisions thereto, shall apply to any challenges to any civil penalty imposed pursuant to Section 13.14.300.

B. Definitions. As used in this section, the following terms and words shall have the following meanings:

1. "Decision" means and include adjudicatory administrative decisions that are made after hearing.

2. "Complete record" means and includes the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the city's officers, agents, or employees, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its officers, agents or employees, all written evidence, and any other papers in the case.

C. Time Limit for Judicial Review. Except as provided in Section 13.14.300, judicial review of any decision of the city or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this section on the date that reconsideration is rejected.

D. In making a final decision, the city shall provide notice to the party that Section 1094.6 of the Code of Civil Procedure governs the time within which judicial review must be sought.

(Ord. No. 1293, § 1, 6-23-09)