Tiburon Municipal Code Art. III Inspection and Enforcement

(a) The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times to inspect the same for any or all of the following situations, as determined by the authorized enforcement official:

(1) Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

(2) Active or potential stormwater discharges;

(3) Whenever there is reasonable cause to believe that there exists any condition that constitutes a violation of the provisions of this chapter or the phase II stormwater permit;

(4) Actual violations of this chapter or the phase II stormwater permit;

(5) Whenever necessary to enforce any of the provisions of this chapter or the phase II stormwater permit; or

(6) To perform any duty imposed upon the official by this chapter.

(b) The authorized enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official 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 premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

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 a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(c) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the storm drain system, or similar factors.

(d) Authority to sample and establish sampling devices. The town shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

(e) Notification of spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-stormwater discharges entering the town's storm drain system, such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release and shall notify the town of the occurrence by telephoning the offices of the Tiburon Department of Public Works and confirming the notification by correspondence to the superintendent of public works.

(f) Requirement to test or monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analysis and furnish such reports as the official may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and/or reports requested.

(Ord. No. 557 N.S., § 3, 5-20-2015)

The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(Ord. No. 557 N.S., § 3, 5-20-2015)

(a) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both, not to exceed the limits set forth in Government Code section 36901.

(b) Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code section 36900.

(Ord. No. 557 N.S., § 3, 5-20-2015)

Unless otherwise provided, a person, firm, corporation or organization, shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

(Ord. No. 557 N.S., § 3, 5-20-2015)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 557 N.S., § 3, 5-20-2015)

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 that 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 the Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability.

(Ord. No. 557 N.S., § 3, 5-20-2015)

(a) Any condition caused or permitted to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare and is declared and deemed a public nuisance. Any such nuisance may be abated by civil action filed by the town attorney. In the event that any such nuisance constitutes an immediate threat to the public health, safety and welfare, the nuisance may be summarily abated by the authorized enforcement officer.

(b) The costs of any such abatement shall be the responsibility of the owner of the property and may be collected pursuant to any method specified by state law. Pursuant to Government Code section 38773.5, such costs shall become a special assessment to be collected and administered in the same manner as property taxes if the costs are not paid within three months after notice of the total costs are sent to the property owner.

(c) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition constituting a nuisance under this chapter, the court may order the property owner to pay treble the costs of the abatement pursuant to Government Code section 38773.7.

(Ord. No. 557 N.S., § 3, 5-20-2015)

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the town. In any such action, the town may seek, and the court shall grant, as appropriate, any or all of the following remedies:

(a) A temporary and/or permanent injunction;

(b) Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

(c) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation, including reasonable attorney's fees and court costs;

(d) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the town to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. No. 557 N.S., § 3, 5-20-2015)

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

(a) Cease and desist orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist, which may take the following form:

(1) Verbal warnings, as may be issued during inspections;

(2) Warning letters and orders to abate pollution;

(3) Warning letters with requirements to submit written reports; or

(4) Formal violations and legal action as described in this chapter and as authorized by chapter 31 of the Town of Tiburon Municipal Code.

(b) The cease and desist order issued pursuant to subsection (a) above may direct that those persons not complying shall:

(1) Comply with the requirement;

(2) Comply with a time schedule for schedule for compliance; and/or

(3) Take appropriate remedial or preventive action to prevent the violation from recurring.

(c) Notice to clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the town's storm drain system or a non-stormwater discharge to the town's storm drain system, he or she may give notice to remove any such materials in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(Ord. No. 557 N.S., § 3, 5-20-2015)

The authorized enforcement officials designated in this chapter are delegated the authority to issue citations to any person violating any provision of this chapter in the manner provided by Penal Code section 836.5 and shall be entitled to the immunities provided by that section.

(Ord. No. 557 N.S., § 3, 5-20-2015)

Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 557 N.S., § 3, 5-20-2015)