Article 7 — Enforcement

6970 - General provisions.

The Director or the Director's designee is hereby designated as the enforcing agent of this Chapter. Pursuant to the authority vested in the Board of Supervisors of the County of Ventura by California Penal Code Section 836.5, the Director or the Director's designee shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has

committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Chapter.

In any case in which a person is arrested pursuant to this article and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on the person's promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that Chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this article.

Any person acting in violation of this Chapter also may be acting in violation of the federal Clean Water Act, the state Porter-Cologne Water Quality Control Act or other laws and also may be subject to sanctions under these laws, including civil and criminal penalties. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter and the enforcement processes herein provided may result in the filing of a citizen suit by the County pursuant to federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The County may also notify EPA, the Regional Board, or any other appropriate state or local agency, of any alleged violation of this Chapter.

(Ord. No. 4450, 7-17-2012)

6971 - Notice of violation.

a.

Whenever an Authorized Inspector determines that the owner or occupant of any public or private property or any other person is responsible for an illicit connection or illicit discharge, or responsible for violating any provision(s) of this Chapter, or that any requirement of any SWPPP, SWPCP, or PCSMP or permit issued pursuant to Section 6980 is not being implemented or adhered to, the Authorized Inspector shall send the owner, occupant and/or person a notice of violation. The notice of violation shall be delivered in accordance with Section 6975.

b.

The notice of violation shall:

(1)

Identify the provision(s) of this Chapter, or the applicable SWPPP, SWPCP, PCSMP, or permit which has been violated;

(2)

State how the violation(s) may be corrected;

(3)

Advise that if the violation(s) is not corrected by a deadline to be specified in the notice of violation, a notice of noncompliance may be recorded against the property in the Office of the County Recorder;

(4)

Advise that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person;

(5)

Advise that administrative fines may be imposed pursuant to Section 6973;

(6)

Advise that all enforcement costs are recoverable pursuant to Section 6974;

(7)

Advise that the determination that a violation exists may be appealed, but that the appeal must be filed in accordance with Section 6976.

c.

If the violation is not corrected pursuant to the notice of violation as determined by the Director within the time allotted or if the violation is upheld after an appeal pursuant to Section 6976, a notice of noncompliance may be recorded in the Office of the County Recorder. The notice of noncompliance shall describe the property and specify the Ordinance section(s), SWPPP, SWPCP, PCSMP or permit terms or conditions violated. The Director shall record a release of notice of noncompliance with the Office of the County Recorder only if and after the violations have been fully corrected to the satisfaction of the Director and all County enforcement costs and fees and administrative fines have been paid. The violator must pay a fee for recordation of the release of notice of noncompliance as determined in the adopted schedule of fees.

d.

If a notice of noncompliance is recorded in the Office of the County Recorder, a notice of imposition of administrative fines shall be served upon the violator. The notice of imposition of administrative fines shall describe the property and state the following for each violation:

(1)

The amount of the fine that will accrue per violation pursuant to Section 6973 of this article;

(2)

The date the fine will begin accruing, which may be the same date the notice is served;

(3)

That the additional fine may accrue until the violation is corrected as determined by the Director;

(4)

That the amount of the fine may be increased in the future if the violation is not corrected;

(5)

That the accrued fines are immediately due and owing and that the notice of imposition of administrative fines may be recorded as a lien against the property for all unpaid fines;

(6)

That the amount of the fines may be administratively appealed in accordance with Section 6976 of this article within thirty (30) days of the date of service of the notice of imposition of administrative fines.

(Ord. No. 4450, 7-17-2012)

6972 - Cease and desist orders.

a.

Whenever an Authorized Inspector determines that a violation of this Chapter requires immediate action, the Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 6975. A cease and desist order may direct the owner or occupant of any public or private property and/or other person responsible for a violation of this Chapter to:

(1)

Immediately discontinue any illicit connection or illicit discharge to the County Storm Drain System;

(2)

Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this Chapter;

(3)

Immediately discontinue any other violation of this Chapter; and

(4)

Clean up the area affected by the violation.

b.

The cease and desist order may direct that the owner or occupant of any property, including the responsible party subject to the terms and conditions of this Chapter, any SWPPP, SWPCP, PCSMP, or any permittee under any permit issued pursuant to Section 6980 of this Chapter, immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, permit, or this Chapter.

c.

If the Authorized Inspector issues a cease and desist order directing any person who has violated or is in violation of any provisions of this Chapter to take corrective action respecting such violation, and if such person does not take such corrective action, the County may take or contract for the taking of such corrective action. If such corrective action is taken by the County or by the County's designated contractor, the person to whom the order was directed shall be liable to the County for the cost incurred by it in taking or contracting for such corrective action. If such corrective action is taken by the person to whom the order is directed or by such person's agent, the person to whom the order is directed shall be liable to the County for the County's cost of supervising such corrective action or otherwise verifying compliance with the order. The costs referred to in this Section 6972 shall include, in addition to the County's direct out-of-pocket expenses, the cost of all County personnel engaged in such work computed in accordance with the County's standard accounting procedures for computing the hourly cost of services by such personnel.

(Ord. No. 4450, 7-17-2012)

6973 - Administrative fines.

The following administrative fines may be imposed by the Authorized Inspector or Hearing Officer where a notice of violation is not appealed in accordance with Section 6976 or, if properly appealed, the appeal process is complete and the notice of violation is upheld: five hundred dollars ($500.00) for a first violation, one thousand dollars ($1,000.00) for a second violation, and a fine not exceeding five thousand dollars ($5,000.00) for each additional violation occurring within one year. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, a notice of violation, a cease and desist order, an applicable SWPPP, SWPCP, PCSMP or a permit issued pursuant to this Chapter, shall constitute a separate violation of this Chapter.

(Ord. No. 4450, 7-17-2012)

6974 - Recovery of costs.

An Authorized Inspector may deliver an invoice for costs to the owner or occupant of any public or private property, any permittee or any responsible party, or any other person who becomes subject to a notice of violation or cease and desist order for the actual costs incurred by the County, including legal fees, in issuing and enforcing any notice or order. An invoice for costs shall be delivered in accordance with Section 6975. An invoice for costs shall be immediately due and payable to the County. If any owner or occupant, permittee or responsible party, or any other person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this article, then the amount of such costs for which liability is imposed pursuant to this article shall be recoverable in a civil action by the County and shall be in addition to any other fees or penalties authorized by law. The recovery of costs incurred by the County shall be in addition to any administrative fines levied. The costs referred to in this Section 6974 shall include, in addition to the County's direct out-of-pocket expenses, the cost of all County personnel engaged in such work computed in accordance with the County's standard accounting procedures for computing the hourly cost of services by such personnel.

(Ord. No. 4450, 7-17-2012)

6975 - Delivery of notice.

Any notice of violation, cease and desist order, notice of imposition of administrative fines, or invoice for costs to be delivered pursuant to the requirements of this Chapter shall be subject to the following:

(1)

The notice shall state that the recipient has a right to appeal the matter as set forth in Section 6976.

(2)

Delivery shall be deemed complete upon:

(a)

Personal service to the recipient; or

(b)

Deposit in the U.S. mail, postage pre-paid for first class delivery; or

(c)

Facsimile service with confirmation of receipt.

(3)

If the recipient of notice is the owner, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the County.

(4)

If the owner or occupant of any private property cannot be located after the reasonable efforts of the Authorized Inspector, a notice of violation, cease and desist order, notice of imposition of administrative fines, or invoice for costs shall be deemed delivered ten (10) calendar days after posting on the property.

(Ord. No. 4450, 7-17-2012)

6976 - Administrative appeals.

Any person receiving a notice of violation, cease and desist order, notice of imposition of administrative fines, or invoice for costs or who is otherwise subject to any adverse administrative determination made pursuant to this Chapter may appeal the matter by requesting an administrative hearing.

a.

Request for Administrative Hearing. Any person appealing a notice of violation, cease and desist order, administrative fine, notice of imposition of administrative fines, an invoice for costs or an adverse administrative determination made pursuant to this Chapter shall, within thirty (30) calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Clerk of the Board of the County, with a copy of the request for administrative hearing mailed on the date of filing to the Director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five (45) calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

b.

Administrative Hearing for Cease and Desist Orders. An administrative hearing on the issuance of a cease and desist order shall be held within five (5) calendar days following the issuance of the order, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order. A request for an administrative hearing shall not be required from the person subject to the cease and desist order.

c.

Hearing Proceedings. The Authorized Inspector shall appear in support of the notice of violation, cease and desist order, administrative fine, notice of imposition of administrative fines, invoice for costs, or other adverse administrative determination, and the appealing party shall appear in support of withdrawal of the notice, order, fine, determination, or invoice. The County shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.

d.

Final Decision and Appeal. The final decision of the Hearing Officer shall be issued by mail within ten (10) calendar days of the conclusion of the hearing except for final decisions on cease and desist orders which shall be mailed within five (5) calendar days following conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party. Pursuant to Government Code Section 53069.4, subdivision (b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within twenty (20) days after the date of service of the final decision. A copy of the notice of appeal must be served on the Director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.

e.

County Abatement. In the event the owner, occupant, or a responsible party or any other person fails to comply with any provision of a compliance schedule issued pursuant to this Chapter, an Authorized Inspector may request the County to obtain appropriate judicial authorization to enter the property, abate the condition and restore the area to its pre-violation condition. Any costs incurred by the County in obtaining and carrying out the judicial authorization may be recovered pursuant to Division 13 of the Ventura County Ordinance Code.

(Ord. No. 4450, 7-17-2012)

6977 - Nuisance.

In addition to the enforcement processes herein before provided, any condition caused or permitted to exist in violation of any provision 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 Division 13 of the Ventura County Ordinance Code and shall be subject to abatement as set forth therein.

(Ord. No. 4450, 7-17-2012)

6978 - Misdemeanor.

Any person who violates any provision or fails to comply with any of the requirements of this Chapter or of any term or condition of, or applicable to, any permit, SWPPP, SWPCP, PCSMP, or amendment thereto is guilty of a misdemeanor/infraction as specified in Section 13-1 of the Ventura County Ordinance Code and, upon conviction thereof, shall be punishable in accordance with Section 13- 2 of the Ventura County Ordinance Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable therefore as provided in Section 13-2 of the Ventura County Ordinance Code.

(Ord. No. 4450, 7-17-2012)

6979 - Non-exclusive remedies, injunctions, civil remedies.

a.

Each and every administrative remedy available for the enforcement of this Chapter shall be non-exclusive and it is within the discretion of the Director or the County to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this Chapter.

b.

The County may file, in a court of competent jurisdiction, a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the County of all costs incurred in enforcing this Chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the County, costs relating to restoration of the environment and all other expenses as authorized by law.

c.

The County may file an action for civil damages in a court of competent jurisdiction seeking recovery of (1) all costs incurred in enforcement of this Chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, attorney fees, all other expenses as authorized by law, and consequential damages, (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (3) damages for irreparable harm to the environment.

d.

The County may file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the County Storm Drain System from any violation of this Chapter where the same has caused damage, contamination or harm to the environment, public property or the County Storm Drain System.

(Ord. No. 4450, 7-17-2012)