Tracy Municipal Code Art. 6 Enforcement

Inspections shall be based upon such reasonable selection processes as the Director deems 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, illegal discharge, nonstormwater discharge to the stormwater conveyance system, or similar factors.

(a) During any inspection, the Director may take samples as necessary in order to implement and enforce the provisions of this chapter. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

(b) The Director may require monitoring, analysis and reporting of discharges from any premises to the stormwater conveyance system. Upon service of written notice by the Director, the burden, including cost, of these activities, analyses and reports, incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been required.

(c) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition that constitutes a violation of this chapter, the Director may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed by this chapter. Any request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event that such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction. In the event the owner or occupant refuses entry after such request has been made, the Director may seek an inspection warrant from any court of competent jurisdiction so as to obtain such entry.

(Ord. 1072 § 1 (part), 2005)

Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety or welfare and is thus deemed a public nuisance.

(Ord. 1072 § 1 (part), 2005)

The Director may exercise any enforcement powers authorized or provided in this Code that the Director deems necessary to effectively implement and enforce this chapter. Such enforcement powers include, but are not limited to, the following:

(a) Civil remedies.

(1) Notice to abate or show cause pursuant to chapter 1.32 of this Code. The Director may require any person owning or occupying a premise to cease and desist all activities that may cause or contribute to discharge in violation of this chapter. This order may also require such person to carry out any of the following actions:

(i) Comply with the applicable provisions of this chapter within a designated period of time;

(ii) Take appropriate remedial or preventative action to keep the violation from recurring;

(iii) Clean up and abate any release of pollutants on those premises that may result in a violation of this chapter;

(iv) Abate activities or practices that may reasonably be expected to result in a similar violation in the future; or

(v) Mitigate circumstances that may result in or contribute to illegal discharges.

(2) Emergency orders and abatements. The Director may order the immediate abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the Director, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of an order to abate or show cause, or the emergency procedure set forth in section 1.32.100 of this Code, cannot be effected without presenting an immediate danger to the public health, safety or welfare, or the environment or a violation of a NPDES permit, the Director may perform or cause to be performed such work as shall be necessary to abate said threat or danger.

(3) Stormwater pollution prevention plan. The Director shall have the authority to establish elements of stormwater pollution prevention plans, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

(4) Best management practices. The Director may establish the requirements of best management practices for any premises.

(5) The costs of any civil abatement instituted pursuant to this chapter shall be borne by the owner and shall be collectable in accordance with the provisions of chapter 1.32. (6) Notice. Any notice to abate or show cause, or other civil notice or civil order issued by the Director pursuant to this chapter shall include a copy of chapter 1.32 of this Code.

(b) Criminal penalties.

(1) Violations constituting misdemeanors. Any violation of this chapter may be punishable as a misdemeanor as provided by section 1.04.030 of this Code.

(2) Authority to arrest or issue citations. The Director or designee, after having satisfactorily completed a certified course in "Powers of Arrest," may arrest or cite any person who has committed, in his or her presence, a violation of this chapter.

(c) Administrative citations. The Director, or designee, may issue administrative citations for violations of this chapter pursuant to section 1.28.040 of this Code.

(Ord. 1072 § 1 (part), 2005)

Remedies under this chapter 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. 1072 § 1 (part), 2005)

When the Director finds that discharge of unacceptable stormwater has been taking place, or is threatening to take place, in violation of prohibitions or limitations prescribed in this chapter, the Director may require the person to submit for approval, with such modifications as it deems necessary a detailed time schedule of specific actions, which the person shall take in order to prevent or correct a violation of requirements.

(Ord. 1072 § 1 (part), 2005)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the State or the United States. This chapter shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on the Code or any administrative decision lawfully made hereunder.

(Ord. 1072 § 1 (part), 2005)

The Director is authorized to make any decision on behalf of the City required or called for by this chapter.

(Ord. 1072 § 1 (part), 2005)

The provisions of section 1.20.010(a) of this Code are applicable to judicial review of City decisions pursuant to this chapter.

(Ord. 1072 § 1 (part), 2005)