Victorville Municipal Code Art. V Enforcement

The city manager may require any discharger responsible for an illicit discharge, pollutant release, or other prohibited discharge to immediately cease and desist such activity or discharge, to contain any discharge, release, or spill, and to clean the area. The city manager may require the property owner and the responsible person to abate and clean up the discharge, spill or pollutant and to implement BMPs immediately or by a specified time or date.

(Ord. No. 2343, § 2, 10-20-15)

(a) The city manager or authorized enforcement officer may issue a written notice of violation to any owner or occupant of any premises, or any discharger or other person responsible for a violation of this chapter, including but not limited to, illegal connections, prohibited/illicit discharges or failure to implement BMPs. The notice of violation shall contain the information set forth in section 16-6.01.060 or 16-6.60.070 of this Code, as applicable.

(b) Nothing in this section shall limit the authority of the city manager or authorized enforcement officers to take any action, including summary nuisance abatement actions or any other enforcement action, without issuing a notice of violation; however, such notice of violation shall be issued as soon as possible following discovery of the violation.

(Ord. No. 2343, § 2, 10-20-15)

In addition to any available remedies, the city manager or authorized enforcement officer may issue a stop work order for any construction activity that is creating a non-storm water discharge or any other discharge in violation of this chapter.

(Ord. No. 2343, § 2, 10-20-15)

The owner or other person responsible for any premises from which there occurs any non-storm water discharge shall abate the discharge and clean up the affected area. The city manager or authorized enforcement officer may require the responsible person to abate and clean up the discharge, spill or pollutant and to implement BMPs immediately or by a specified time or date.

(Ord. No. 2343, § 2, 10-20-15)

If any violation of this chapter is not corrected pursuant to the requirements set forth in a notice of violation, cease and desist or stop work order, or any other enforcement mechanism, then the violation may be abated (or summarily abated in the event of conditions which immediately jeopardize the public health or safety) by authorized enforcement officers in accordance with the applicable nuisance abatement provisions of chapter 6 of title 16 of this Code. Every day such condition continues shall be regarded as a new and separate offense, and costs of such abatement shall be recoverable in accordance with the provisions of chapter 1.04 of this Code.

(Ord. No. 2343, § 2, 10-20-15)

Any person served with a notice of violation, cease and desist, stop work or abatement order, or required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer or otherwise aggrieved by the decision of an authorized enforcement officer or the city manager, may appeal such notice, decision or order, within ten calendar days following service of the decision, notice or order by filing a written appeal with the city in the manner set forth in section 1.05.090 of this Code. Appeal hearings and subsequent proceedings shall also be in accordance with the provisions of sections 1.05.090 through 1.05.100 of this Code.

(Ord. No. 2343, § 2, 10-20-15)

In addition to any remedy provided at law or equity, violations of any of the provision of this chapter may be subject to administrative citations and penalties in accordance with chapter 1.05 of this Code.

(Ord. No. 2343, § 2, 10-20-15)

(a) It is unlawful for any person to violate any provision of this chapter or any order issued pursuant to this chapter.

(b) Civil actions. In addition to any remedy provided at law or equity, if any person violates any provision of this chapter or any order issued pursuant to this chapter, the city may commence a civil action for appropriate legal and equitable relief in any appropriate court.

(c) Criminal penalties. A violation of, or failure to comply with, any of the requirements of this chapter shall be punishable as a misdemeanor in accordance with the provisions of chapter 1.04 of this Code. Each day on which a violation occurs or continues shall be a separate and distinct offense.

(Ord. No. 2343, § 2, 10-20-15)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the CWA and/or the Porter-Cologne Act and may be subject to the provisions of those acts, including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 2343, § 2, 10-20-15)

Any person who discharges pollutants into the city's MS4 which cause or have the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference in the city's MS4; or causes any other damages to the city, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies; shall be liable to the city for all damages and additional costs, including such fines and penalties, plus reasonable attorneys' fees and costs of suit required to collect such amounts.

(Ord. No. 2343, § 2, 10-20-15)

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the city manager or city attorney to seek cumulative remedies.

(Ord. No. 2343, § 2, 10-20-15)