Thousand Oaks Municipal Code Art. 5 Enforcement and Penalties

(a) Notice of violation. When the director has probable cause to believe that there may be a violation of this chapter, the Director may issue and deliver to the owner, occupant or person in charge of day-to-day operations of any public or private property, or to any person responsible for an illicit connection or illicit discharge a notice of violation. The notice of violation shall:

(1) Identify the provision(s) of this chapter, the best management practices, the applicable storm water pollution prevention plan, stormwater pollution control plan, stormwater quality management plan or permit alleged to have been, or are then being, violated and describe the manner of compliance or abatement required;

(2) State that continued noncompliance may result in additional penalties and enforcement actions against the owner, person in charge, and/or occupant; and

(3) State a compliance date that must be met by the owner, person in charge and/or occupant;

(b) Administrative compliance orders. When the Director has probable cause to believe that there may be a continuing or repeated violation of this chapter, the Director may issue and deliver to the owner, occupant or person in charge of day to day operations of any property, or to any person responsible for an illicit connection or illicit discharge, an administrative compliance order. The administrative compliance order may include the following terms and requirements:

(1) Specific steps and time schedules for compliance as reasonably necessary to prevent continued or threatened illicit discharges;

(2) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;

(3) Specific requirements for containment, remediation, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;

(4) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this chapter, including, but not limited to requirements for compliance with best management practice guidance documents promulgated by any federal agency, the State of California or the City; and

(5) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of the stormwater quality management plan, stormwater pollution prevention plan, stormwater pollution control plan, stormwater quality master plan or permit issued pursuant to this chapter.

(c) Cease and desist orders. If the Director determines that the public health and safety requires the same, may issue a cease and desist order directing the owner and/or person in charge of day-to-day operations of the private property and/or any other person responsible for a violation of the chapter to:

(1) Immediately discontinue any illicit connection or illicit discharge to the storm drain system;

(2) Immediately contain or divert any flow of non-stormwater off the property, where the flow is occurring in violation of any provision of this chapter;

(3) Immediately discontinue any other violation of this chapter;

(4) Clean up the area affected by the violation as a condition of removal of the order.

(d) Recovery of city’s costs; invoice of costs. When a notice of violation, administrative compliance order, cease and desist order or any other enforcement option is utilized to obtain compliance with this chapter, all actual costs and expenses incurred by or of the City for City administrative overhead, City salaries, attorney fees, expert fees, testing and monitoring expenses, and other expenses incurred as a result of or during any inspection, investigation, monitoring or administrative enforcement action conducted pursuant to this chapter shall be a debt of, charged to and paid by the person found to be violating this chapter. The Director may deliver an invoice for costs to the owner, occupant or person in charge of day-to-day operations of private property, any permittee or any responsible party, or any other person who becomes subject to a notice of violation, administrative compliance order, or cease and desist order. An invoice for costs shall be immediately due and payable to the City and if not paid within thirty (30) days shall earn interest at the rate of 1.5 percent per month until fully paid. If any owner, occupant, person in charge of day-to-day operations, permittee or responsible party, or any other person fails to either pay the invoice for costs or have the amount of the invoice for costs reduced on appeal to the City Council in accordance with this chapter, then the City may institute collection proceedings.

(e) Delivery of notice. Any notice of violation, administrative compliance order, cease and desist order or invoice of costs to be “delivered” pursuant to the requirements of this chapter shall:

(1) Include the address of the affected property and be mailed to the address of the owner, as that address is shown on the most recently issued equalized assessment roll released to the City for the affected property and mailed or faxed to the occupant, if any, at the address of the affected property; or

(2) If the address for the owner, occupant or person in charge of day-to-day operations of any private property cannot be located after the reasonable efforts of the Director, a notice of violation, administrative compliance order, or cease and desist order shall be deemed delivered after posting on the property at least ten (10) days prior to the date any order is to be complied with.

(f) Judicial abatement. In the event the owner of the property, the operator of a facility, a permittee, a responsible party or any other person in possession or with authority to act fails to comply with any provision of a compliance schedule of any notice of violation, administrative compliance order, or cease and desist order issued pursuant to this chapter, the Director may request the City to obtain appropriate judicial authorization to enter the property, abate the condition and restore the area to its pre-violation condition. Any costs incurred by the City in obtaining and carrying out the judicial authorization may be recorded as lien against the affected property and recovered by the City in a foreclosure action on that lien and/or in any collection procedure authorized by law.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)

Any property owner subject to, or any person aggrieved by the issuance of a notice of violation, administrative compliance order, or cease and desist order issued pursuant to this chapter, may appeal to the City Council that administrative action and issuance by the Director, provided the appeal is filed on the City’s form with the City Clerk, and a copy provided to the director, within fourteen (14) days of the issuance of such notice or order. The appropriate appeal fee shall be paid at that time and the appeal processed and heard in accordance with the provisions of Title 1, Chapter 4 of this Code. During the City Council’s consideration of such an appeal, any requested abatement actions shall be complied with, and the order is not stayed by reason of such an appeal.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)

Any condition in violation of the prohibitions of this chapter shall constitute a threat to the public health, safety and welfare, and is declared and deemed a public nuisance pursuant per se.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)

(a) Infractions. Any person believed to be in violation of any provision of this chapter may be charged or cited with an infraction.

(b) Misdemeanor. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter beyond the date set for compliance after delivery of notice thereof; or has previously violated the same provision of this chapter, or repeatedly violated the terms, conditions and requirements of any approved best management practices manual, storm water pollution prevention plan, stormwater pollution control plan, stormwater quality master plan or discharge permit, may be charged with criminal misdemeanor for such violation.

(c) Separate offenses. Each pollution source found to be in violation of this chapter is a separate offense and separate violation. Each day a violation continues unabated as ordered by the director is a separate offense and separate violation.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)

Any Person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the city is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The City may notify EPA Region IX, the Regional Board, or any other appropriate state or local agency, of any alleged violation of this chapter.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)

(a) The Director may request that the City file a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment, attorney fees, court costs, and all other expenses as authorized by law.

(b) The Director may request the City to file an action for civil damages in a court of competent jurisdiction seeking recovery of:

(1) All costs incurred in enforcement of this chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, attorney fees and court costs, and all other expenses as authorized by law, and consequential damages;

(2) All costs incurred in mitigating harm to the environment or reducing the threat to human health;

(3) Damages for irreparable harm to the environment;

(4) Damages resulting from any trespass or nuisance occurring on public land or to the storm drain system from any violation of this chapter.

(c) The remedies available to the City pursuant to the provisions of this chapter shall not limit the right of the City to seek any other remedy that may be available by law.

(§ 1, Ord. 1343-NS, eff. October 14, 1999)