Turlock Municipal Code § 6-8-601 Enforcement authority

(a) General enforcement authority.

(1) Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this chapter.

(2) Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel.

(b) Administrative enforcement powers. In addition to any other remedies available, including but not limited to Chapter 2-11 TMC, Administrative Citations, the Enforcement Official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the Enforcement Official's judgment under the circumstances.

(1) Notice of violation (NOV).

(i) Whenever the Enforcement Official finds that any person owning, operating, or occupying a property has violated or is violating this chapter or order issued hereunder, the Enforcement Official may serve a written NOV upon such person, by personal service or by registered or certified mail. Such notice may require without limitation:

(aa) The performance of monitoring, analyses, and reporting;

(ab) The elimination of illicit connections or discharges;

(ac) The violating discharges, practices, or operations cease and desist;

(ad) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

(ae) The implementation of source control or treatment BMPs.

(ii) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within thirty (30) calendar days, which such abatement, remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadlines, the work will be done by the City or a contractor designated by the Director and the expense thereof shall be charged to the violator pursuant to subsection (c)(1) of this section.

(iii) Within thirty (30) calendar days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory abatement, correction, and prevention thereof, including specific required actions, shall be submitted to the Enforcement Official.

(iv) Submission of this plan shall in no way relieve the person of liabilities for any violation(s) occurring before or after receipt of the NOV.

(v) If the appointed time frame cannot be met, the Enforcement Official may adjust the original time frame. The appropriate Regional Water Board shall be notified if all parties agree that cleanup activities cannot be completed within in the original time frame. The Regional Water Board shall be notified in writing within five (5) business days of the determination that the time frame requires revision.

(2) Cease and desist orders.

(i) The Enforcement Official may require any person owning, operating, or occupying a property to cease and desist all activities that may cause or contribute to discharge in violation of this chapter.

(ii) This order may also require such person to:

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

(ab) Take appropriate abatement, remedial, or preventative action to keep a violation from recurring.

(3) Notice to clean up and abate.

(i) The Enforcement Official may require any person owning, operating, or occupying a property to clean up and abate any discharge, spill or release of pollutants on that property that may result in a violation of this chapter in accordance with TMC 5-5-202. The abatement or cleanup shall take place within a seventy-two (72) hour time frame after receiving said notification. Materials deemed hazardous by the Enforcement Official shall be cleaned up or abated as soon as possible.

(ii) The Enforcement Official may also order abatement of activities or practices that may reasonably result in such a violation.

(4) Mitigation. The Enforcement Official shall have authority to order the mitigation of circumstances that may result in or contribute to illicit discharges.

(5) Storm water pollution prevention plan. The Enforcement Official shall have the authority to establish elements of a SWPPP, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

(6) Best management practices. The Enforcement Official may establish the requirements of BMPs for any property.

(7) Violations constituting misdemeanors. In addition to civil penalties provided for in this chapter, any violation of this chapter may be prosecuted in accordance with TMC 1-2-01.

(8) Violations deemed a public nuisance. In addition to the penalties provided in this chapter, 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 and welfare, and is thus declared and deemed a nuisance. Any such nuisance may be summarily abated and/or restored by any authorized City personnel.

(c) Further, in addition to any other remedies available, including but not limited to Chapter 2-11 TMC, Administrative Citations, the City may pursue civil action, pursuant to division of this section, to abate, enjoin, or otherwise compel the cessation of the nuisance.

(1) Cost recovery.

(i) The cost of the abatement and restoration shall be borne by the owner of the property, and the cost therefore shall be invoiced to the owner of the property.

(ii) If the invoice is not paid within sixty (60) days, the Enforcement Official shall have the authority to place a lien upon and against the property.

(iii) If the lien is not satisfied within three (3) months, the Enforcement Official is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action bought for a money judgment, or by delivery to the County Assessor of a special assessment against the property in accordance with California Government Code Section 38773.5.

(2) Seasonal and recurrent nuisance.

(i) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Enforcement Official shall so declare.

(ii) Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(3) Costs of enforcement.

(i) If it prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the City shall be entitled to seek reimbursement for all costs incurred in connection with such proceeding.

(ii) Such reimbursable expenses may include, but are not limited to, costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, and costs of suit.

(iii) If any such costs are granted to the City, they shall be recoverable pursuant to subsection (c) or (d) of this section.

(d) Civil action.

(1) In addition to any other remedies provided in this chapter or by law, any violation of this chapter may be enforced by civil action brought by the City Attorney.

(2) Monies recovered under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(3) In any such action, the City may seek, as appropriate, any or all of the following remedies:

(i) A temporary and/or permanent injunction;

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

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

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

(e) Emergency orders and abatements.

(1) The Enforcement Official may order the immediate abatement of any discharge from any source to the MS4 when, in the opinion of the Enforcement Official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of this chapter or an NPDES permit.

(2) In emergency situations, where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare, or environment, or a violation of this chapter or an NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate the threat or danger.

(i) The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of subsection (c) or (d) of this section.

(1199-CS, Added, 9/23/2014)

(a) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under TMC 6-8-607, within ten (10) calendar days of the decision of the Director upholding the decision of the Enforcement Official, then the City or a contractor designated by the Director may, with consent, enter upon the subject private property, and is authorized to take any and all measures necessary to abate the violation and/or restore the property.

(b) It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.

(1199-CS, Added, 9/23/2014)

(a) Within thirty (30) days after abatement of the nuisance by the City, the Director shall notify the property owner of the property of the cost of abatement, including administrative costs. The City shall recover enforcement costs in accordance with Chapter 4-16 TMC.

(b) Within fifteen (15) days, the property owner may file with the City Clerk a written protest objecting to the amount of the assessment.

(1) The City Clerk shall set the matter for public hearing by the City Council.

(2) The decision of the City Council shall be set forth by resolution and shall be final.

(c) If the amount due is not paid within ten (10) days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(d) A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll. The Tax Collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

(1199-CS, Added, 9/23/2014)

(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of its requirements.

(b) A violation of, or failure to comply with, any of the requirements of this chapter shall constitute an infraction and, therefore, shall be subject to the following fines:

(1) Five Hundred and no/100ths ($500.00) Dollars upon the first offense;

(2) One Thousand and no/100ths ($1,000.00) Dollars upon the second offense;

(3) Two Thousand and no/100ths ($2,000.00) Dollars upon the third and each subsequent offense.

(c) If any violation is continued, each day's violation shall be deemed a separate offense.

(1199-CS, Added, 9/23/2014)

(a) Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law.

(1) The authorized enforcement agency may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

(1199-CS, Added, 9/23/2014)

(a) Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

(b) The remedies provided for herein shall be cumulative and not exclusive.

(1199-CS, Added, 9/23/2014)

(a) Any person served with a notice of violation, subject to a cease and desist order, subject to a cleanup and abatement order, required to perform monitoring, analyses, reporting and/or corrective activities by an authorized Enforcement Official, or otherwise aggrieved by the decision of the authorized Enforcement Official, may appeal the decision, within ten (10) days following its effective date, by filing a written appeal with the Director.

(b) The Director shall request a report and recommendation from the authorized Enforcement Official and shall set the matter for hearing at the earliest practical date.

(1) Due notice of the hearing shall be provided to the person appealing the decision of the authorized Enforcement Official.

(2) At the hearing, the Director may hear additional evidence, and may reject, affirm, or modify the authorized Enforcement Official's decision.

(3) The Director's decision shall be final.

(1199-CS, Added, 9/23/2014)

(a) 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.

(b) 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 waters of the United States.

(c) 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 the code or any administrative decision lawfully made thereunder.

(1199-CS, Added, 9/23/2014)

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

(1199-CS, Added, 9/23/2014)

The provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6 are applicable to judicial review of City decisions pursuant to this chapter.

(1199-CS, Added, 9/23/2014)