Tulare Municipal Code Art. III Inspection and Enforcement

(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer 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 or 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.

(B) 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 court.

(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 surface water contamination, illicit discharges, discharge of non-surface water to the surface water system, or similar factors.

(1) Authority to sample and establish sampling devices. With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(2) Requirement to test or monitor. Any authorized enforcement officer may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to surface water pollution or contamination, illicit discharges and/or discharges of non-surface water to the surface water system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such requests shall, at their own costs, undertake and provide the monitoring, analyses and reports required.

(D) In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may in addition to the other penalties noted in this chapter, cause such monitoring and/or analyses and the cost therefor, including the reasonable additional administrative costs incurred by the city to be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

Unless otherwise specified by ordinance, 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 authorized enforcement officer, with the consent of the City Attorney, be charged and prosecuted as an infraction.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) Upon conviction of a misdemeanor, a person shall be subjected to the payment of a fine, or imprisonment, or both, not to exceed the limits set forth in Cal. Government Code § 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 Cal. Government Code § 36900. After a third conviction for a violation of the same provision subsequent violations within a 12- month period may be charged as a misdemeanor.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is deemed a threat to the public health, safety and welfare, and is declared and deemed to be a public nuisance, and may be summarily abated and/or restored by the authorized enforcement officer, and/or

civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

(B) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property.

(C) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Public Works Director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of further notification. If the city prevails in any administrative or civil proceedings initiated under this chapter, the city shall be entitled to seek reimbursement for all costs incurred in connection with such proceeding. Such reimbursable costs may include, but are not limited to, the costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit, and reasonable attorney fees.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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

(A) A temporary and/or permanent injunction;

(B) Assessment against the violator for the costs of any investigation, inspection, or monitoring survey, which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting legal action as a result of violations of this chapter, including attorney fees;

(C) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

(D) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;

(E) Such other relief as the court may authorize. Assessments under this section shall be paid to the city to be used exclusively for costs associated with monitoring and establishing surface water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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

(A) Cease and desist orders. When the authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:

(1) Comply with the requirement;

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

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

(B) Notice to clean. Whenever the authorized enforcement officer 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 city surface water drain system or a non-surface water discharge to the city surface water drain system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material in any manner that he or she may reasonably provide. The authorized enforcement officer shall specify in the notice the time allotted for compliance and the recipient of such notice shall undertake the activities necessary to abate such condition within the period of time specified. In the event the owner or operator of a facility fails to conduct the required activities as described in the notice, the authorized enforcement officer may cause such activities required as described in the notice and the cost thereof shall be invoiced to the owner of the property.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) Duly authorized peace officers for the city shall have and are vested with the authority to arrest or cite and release any person who violates the provisions of this chapter, in the manner provided by Cal. Penal Code § 849.

(B) It is the intent of the City Council that the immunities prescribed in Cal. Penal Code § 836.5 which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by such peace officers or other city employees in discharging their duties in accordance with this chapter.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

Any person, firm, corporation or organization required to perform monitoring, analyses, reporting, and/or corrective activities by the authorized enforcement officer who is aggrieved by the decision of the authorized enforcement officer may appeal such decision to the City Manager within 15 days following the effective date of the decision by furnishing written request for an appeal to the Public Works Director. Upon receipt of such request, the Public Works Director shall request a report and recommendation from the authorized enforcement officer and shall set the matter for hearing at the earliest practical date. At such hearing, the City Manager may hear additional evidence, and may reject, affirm or modify the authorized enforcement officer's decision. Such decision shall be final.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

The provisions of Cal. Code of Civil Procedure § 1094.6 are applicable to judicial review of city decisions pursuant to this chapter.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) 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.

(B) In addition to any other authorized means of collection, any costs and charges imposed upon a person pursuant to this chapter may be placed upon the tax rolls and/or may constitute a lien against said person and the subject real property.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

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 division does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)