South Pasadena Municipal Code Art. III Inspection and Enforcement

The public works director, and representatives and designees thereof, are hereby authorized and directed to enforce all provisions of this chapter. (Ord. No. 2032, § 1.)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or 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 the provision of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter, provided that:

(1) If such building or premises be occupied, he or she shall first present proper credentials and request entry; and

(2) If such building or premises be unoccupied, he or she shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(3) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant.

In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. No. 2032, § 1.)

With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary. (Ord. No. 2032, § 1.)

(a) Any authorized enforcement officer may order 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 municipal stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify.

(b) All costs incurred for such activity shall be borne by the party ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the city shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property.

(c) If the invoice is not paid within sixty days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. (Ord. No. 2032, § 1.)

Every restaurant, gas station, automobile repair facility, nursery, lumber yard, car wash, warehouse, grocery store, repair shop, dry cleaning facility, and laundromat for which a license or permit has been issued by the city shall be subject to periodic inspection by a representative or designee of the public works director. Inspections shall be conducted as often as necessary to insure compliance with this chapter as the public works director deems appropriate. (Ord. No. 2032, § 1.)

The public works director, or designee, is authorized to enforce this chapter as follows.

(a) For the first failure to comply with any provision contained in this chapter, the department of public works shall issue to the affected person a written notice which includes the following information:

(1) A statement specifying the violation committed;

(2) A specified time period within which the affected person must correct the failure or file a written notice disputing the notice of failure to comply;

(3) A statement of the penalty for continued noncompliance.

(b) Each subsequent failure to comply with any provision of this chapter following written notice pursuant to this section, shall constitute an infraction and shall be punishable by a penalty of up to one hundred dollars per day of violation for the first cited violation and five hundred dollars per day for subsequent violations.

(c) It shall not be a defense to the assessment of any penalty or to any other civil enforcement action, provided for under this section for a person to assert that any violation of this chapter was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.

(d) Any penalty collected hereunder shall be used as reimbursement for the city of South Pasadena’s costs and expenses of administration, inspection and enforcement of this chapter.

(e) A violation of any provision of this chapter 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 to be borne by the party responsible for the nuisance.

(f) The penalties and remedies established by this chapter shall be cumulative.

(g) Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter. (Ord. No. 2032, § 1; Ord. No. 2107, § 3; Ord. No. 2256, § 3, 2013.)

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 Act and may be subject to the sanctions of those Acts including civil and criminal penalties. (Ord. No. 2032, § 1.)

Members of the public shall be encouraged to report possible violations of this chapter to the public works department. (Ord. No. 2032, § 1.)