Stockton Municipal Code Art. IV Enforcement

A. Upon determination that a property owner is in noncompliance with the terms and conditions specified in any provision of this chapter, the Director may require the property owner to enter into a compliance time schedule on terms and conditions specified by the Director.

B. The compliance time schedule may contain terms and conditions including, but not limited to, repair and/or replacement of an upper lateral, payment of fees, or other provisions to ensure compliance with this chapter.

(Ord. 2012-05-22-1503 C.S. § 1)

A. Violations of this chapter are misdemeanors as provided in Section 1.08.010 of this code.

B. Any property owner in violation of this chapter, or the orders, rules and regulations issued under this chapter may be ordered by the Director to cease and desist operations until the violation is corrected. Continuance of operations after notice to cease and desist has been furnished to the property owner shall be unlawful and a misdemeanor as provided in Section 1.08.010 of this code. Each day in which any such violation shall continue shall be deemed a separate offense.

C. The violation of any of the provisions of this chapter, or the orders, rules and regulations issued under this chapter, or the doing of any act prohibited or the failure or omission to do any act required by this chapter, or the orders, rules and regulations issued under this chapter, is a public nuisance and may be enjoined though a civil action brought by the City Attorney.

D. If any violation of this chapter, or the orders, rules and regulations issued under this chapter, causes damage to the public sewer system, the property owner causing such damage shall be liable therefor and the cost thereof shall be deemed a debt to the City, enforceable and collectable as provided by law.

E. To remedy violations of this chapter, the Director is authorized to issue notices of violation, administrative citations, and impose administrative civil penalties pursuant to Title 1 of this code.

F. The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.

(Ord. 2012-05-22-1503 C.S. § 1)

A. Any property owner affected by a decision, action, or determination, cease and desist order, imposition of civil penalties issued by the Director, or any other action of the Director in interpreting or implementing the provisions of this chapter, may file with the Director a written request for reconsideration within 10 days of such decision, action, or determination, setting forth in detail the facts supporting the request for reconsideration. The Director shall provide a written decision regarding the request for reconsideration within 30 days following the filing of the request for reconsideration. The Director shall serve the written decision upon the affected property owner by either personal service, facsimile, overnight courier, or regular mail.

B. Any property owner aggrieved by the decision of the Director regarding a request for reconsideration specified in this Section 13.40.260 may appeal said decision and request an administrative hearing and decision in accordance with the procedures set forth in Title 1, Chapter 1.44, Section 1.44.070, of this Code by filing with the Director a written appeal within 10 days of such action setting forth in detail the facts supporting the appeal. The administrative hearing shall be conducted in accordance with procedures set out in Chapter 1.44 of this code and the administrative order shall be final.

(Ord. 2012-05-22-1503 C.S. § 1)