Solvang Municipal Code Ch. 5 Enforcement

Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this title, the authorized enforcement agency may order compliance by written notice of violation or other type of enforcement response as deemed appropriate to the responsible person in accordance to the city's Enforcement Response Plan. Violations of this title may be remedied using the procedures set forth in Title 6, Chapter 5 "Administrative Remedies Process," of this code. These remedies include the issuance of administrative citations (Section 6-5A-3 of this code). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violations of this title. In addition, the director may require, without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illicit discharges or illegal connections;

C. That violating discharges, practices, or operations shall cease and desist;

D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property must be completed within 72 hours of notification and/or no later than the agreed upon compliance date, and no later than 30 days of notification for uncontrolled sources of pollutants that could pose an environmental threat;

E. The implementation of source control or treatment BMPs;

F. Payment of a fine to cover administrative and remediation costs;

G. Cease and desist of operations and shutoff of water meter.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

The director is authorized to require immediate abatement of any violation of this title that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the director, the city of Solvang, its staff, authorized contract staff or other designee is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Solvang shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this title.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

In addition to the enforcement processes and penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this title is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

Any person who violates any provision of this title or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this title shall also include written notice to the violator of such potential liability.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

Any person required to perform monitoring, analysis, reporting or corrective activities by any authorized city employee and who is aggrieved by this decision of the authorized city employee may appeal the decision in writing to the city manager within 10 days following the effective date of the decision. Upon receipt of such appeal, the city manager shall request a report and recommendation from the authorized city employee, shall review the matter and make a determination at the earliest practical date. The city manager may base his or her decision on additional evidence, and may reject, affirm, or modify the prior decision. The decision of the city manager may be appealed to the city council in accordance with Title 1, Chapter 6, "Appeal Procedures," of this code.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

Any civil penalties collected by the city as a result of violations of this title shall be deposited in the stormwater fund.

(Ord. 13-302, 2013; Ord. 20-0346, 2020)

Statutory References