South Pasadena Municipal Code Art. III Enforcement

The director may deliver to the owner or occupant of any private property, any permittee or any responsible party a notice of noncompliance listing the steps necessary to correct the conditions on the property causing noncompliance with the provisions of this chapter.

The director shall prepare each notice of noncompliance listing the applicable chapter provision(s), permit requirements violated, the selected compliance deadline, not to exceed ninety days, and stating that continued noncompliance may result in additional enforcement actions against the owner or occupant. The director may extend the compliance deadline an additional ninety days where good cause exists for the extension. (Ord. No. 2186, § 2, 2009.)

(a) The director may issue an administrative compliance order to:

(1) The owner or occupant of any private property requiring abatement of conditions on the property that cause or may cause discharges in violation of this chapter;

(2) The permittee subject to the requirements of any permit issued pursuant to this chapter to ensure compliance with the terms, conditions and requirements of the permit.

(b) The administrative compliance order may include the installation of approved grease control devices. (Ord. No. 2186, § 2, 2009.)

The director may issue to the owner or occupant of any private property, any permittee or any responsible party, who becomes subject to a notice of noncompliance or administrative order, an invoice for costs, which shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order.

If any owner or occupant, permittee or responsible party, fails to pay the invoice for costs within thirty days of the authorized inspector’s deposit of the invoice for costs in the regular mail, postage prepaid, the enforcing attorney may institute collection proceedings or elect to place a lien on the property in the amount of the invoice of costs. (Ord. No. 2186, § 2, 2009.)

Upon determination that a discharger is in noncompliance with any provisions of this chapter, the director may require the discharger to submit for review and approval a compliance schedule. If, following the compliance schedule expiration date, the discharger fails to comply with the terms, conditions, or limitations specified in the compliance schedule, the discharger’s permit, or with any provisions of this chapter, then the discharger may be subject to noncompliance fees, a probation order, a cease and desist order, and/or legal actions. (Ord. No. 2186, § 2, 2009.)

(a) The director may order the owner or occupant of any private property, permittee or any responsible party to: (1) immediately discontinue any process water, wastewater or pollutant discharge to the wastewater system or the stormwater drainage system; (2) immediately block or divert any flow of water from the property, where the flow is occurring in violation of any provision of this chapter; and (3) immediately discontinue any other violation of this chapter. The cease and desist order may contain terms and conditions including, but not limited to, limits on rate and time of discharge, or other provisions to ensure compliance with this chapter.

(b) Notice/Hearing. When the director has reason to believe that grounds exist to issue a cease and desist order, he or she shall give written notice thereof either by personal delivery or by certified mail to the discharger setting forth the grounds for such an order, together with the time and place where the charges shall be heard.

(c) After the conclusion of the hearing, the director shall make a determination and issue a decision and order within thirty calendar days of the hearing. The written decision and order of the director shall be sent by personal delivery or by certified mail to the discharger. The order of the director shall be final in all aspects fourteen days after it is mailed to the discharger unless a request for hearing is filed with the city council.

Failure of the discharger to comply with the conditions of the cease and desist order may result in permit suspension, permit revocation, termination of service and/or legal actions. (Ord. No. 2186, § 2, 2009.)