Truckee Municipal Code Ch. 11.06 Enforcement

A. Any person who violates a provision of this title may be subject to administrative, civil, or criminal liability as provided in this title.

1. The enforcement agency is empowered to use any of the provisions of the Truckee Municipal Code, as well as and in addition to any other available remedy in law or equity where appropriate to correct violations of, and secure compliance with the provisions of this title.

2. Issuance of a warning shall not be a requirement prior to using any enforcement provision of this title.

3. Activities and operations of public agencies shall be exempt from the provisions of this ordinance to the extent that such activities and operations are regulated by state or federal agencies or are exempt under state or federal law.

B. The Town Manager may, together with the Town Attorney, develop and implement an enforcement response plan setting forth enforcement procedures and actions to address repeat and continuing violations of this chapter, a spill response plan setting forth the procedures, roles and responsibilities for investigating, cleaning up and reporting spills, and an illicit discharge response plan setting forth the procedures and responsibilities for investigating and abating illegal discharges.

Without limitation on the enforcement authority set forth elsewhere in this chapter, the Town Manager is authorized to exercise any and all of the following administrative remedies to enforce the provisions of this title, in addition to those remedies set forth in Title 1.03 of the Truckee Municipal Code:

A. Notice of Violation ("NOV"). Whenever the Town Manager finds that a person has violated or otherwise failed to meet a requirement of this chapter, the Town Manager may order a person to comply with this chapter by either personally serving that person with a written notice or by sending written notice to that person by certified mail. Such notice may require without limitation, in addition to the contents required by Section 1.03.040 of the Municipal Code, the following:

1. The performance of monitoring, analyses and reporting;

2. The elimination of illicit connections or discharges;

3. That violating discharges, practices or operations shall cease and desist within 72 hours of notification;

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property, the notice shall set forth a deadline, no later than 30 days from notification, by which such remediation or restoration shall be completed;

5. Payment of a fine to cover administrative and remediation costs, as set forth in Section 1.03.120 of the Municipal Code; and/or

6. The implementation of source control or treatment BMPs.

B. The Town Manager may enter property to perform abatement activities or conduct cleanup work in the event abatement or cleanup activities ordered pursuant to this chapter are not conducted by the established deadline, provided either an abatement warranty or property owner consent has been obtained. In the event a violation of this chapter constitutes an imminent danger to public safety or the environment, the Town Manager may enter the property from which the violation emanates, conduct abatement activities and restore any property affected by the violation.

C. Unless a timely appeal occurs within 21 days in accordance with Municipal Code Section 1.03.060 an administrative order shall be effective and final as of the date it is issued by the Town Manager. Administrative citations fines and costs will be recovered in accordance with Municipal Code Section 1.03.120.

D. Hearing requests shall be submitted pursuant to Municipal Code Section 1.03.070, and all hearings shall be conducted pursuant to Section 1.03.090 of the Municipal Code.

Any violation of the prohibitions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any illicit discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771 and Chapter 1.02 of this Code.

Remedies provided 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.

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

(ORD 2015-08 08-11-2015 Repealed; ORD 2019-02 03-26-19)