Watsonville Municipal Code Art. 7 Enforcement and Appeals

It shall be the duty of the Director to implement Chapter 6-3, City Utilities. The Director’s duties shall include, but not be limited to the following:

(a) Adoption of Rules and Procedures. The Director shall promulgate rules and procedures necessary for the proper administration and enforcement of this Chapter.

(b) Determination of Compliance. The Director shall determine the compliance status of all persons within the service area and shall notify them in writing of all violations of the provisions of this Chapter and seek corrective action.

(c) Issuance of Notice of Violation. Whenever the Director finds that any person has violated or is violating any provision of this Chapter, or any permit or order issued hereunder, the Director may serve upon said person a written Notice of Violation (NOV). Within ten (10) days of the date of service of the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Director. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the NOV.

(d) Consent Orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the non-compliance. Such orders will include specific action to be taken by the person to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative or compliance orders issued pursuant to subdivision (e) of this section.

(e) Administrative/Compliance Order. When a person has violated or continues to violate any provision of this Chapter, or a permit or order issued hereunder, the Director may issue an order to the person responsible for the violation directing that, following a specified time period, City utility services shall be discontinued unless adequate facilities, devices or other related appurtenances have been installed and are properly operated and maintained. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of any equipment, technology, additional self-monitoring, and best management practices.

(f) Show Cause Hearing. The Director may order any person which causes or contributes to any violation of the provisions contained in this Chapter or any permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the person show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued.

(g) Cease and Desist Orders. When the Director finds that a person has violated or continues to violate any provision contained in this Chapter and/or any permit or order issued thereunder, the Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(1) comply forthwith; and

(2) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the violation, and/or suspend City utility services.

(h) Emergency Suspensions.

(1) The Director may suspend City utility services and/or any permits whenever such suspension is necessary to stop an actual or threatened violation presenting or causing an imminent or substantial endangerment to the health or welfare of persons, City facilities, or the environment.

(2) Any person notified of a suspension of City utility services and/or any permits shall immediately stop or eliminate the violation(s). In the event the person fails to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, to prevent or minimize loss of water, or damage to City facilities, the environment, or endangerment to any person.

(3) City utility services shall not be restored until:

(i) The Director considers the endangerment has passed.

(ii) The person who is responsible, in whole or part, for imminent or substantial endangerment has submitted a written statement describing the causes of the violation and the measures taken to prevent any future occurrence.

(i) Permit Termination. A permit may be terminated under the following conditions:

(1) Violation of this Chapter.

(2) Violation of State or Federal Law.

(3) Violation of permit conditions.

(4) Failure to submit accurate reports as required by the permit.

(5) Failure to report any significant changes in operations.

(6) Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring, or sampling.

Noncompliant person(s) will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subdivision (f) of this section why the proposed action should not be taken.

(j) Judicial Remedies. The City may commence legal action against any person who violates this Chapter or any order or permit issued.

(k) Injunctive Relief. The City may petition the court for injunctive relief against any person who has violated or continues to violate the provisions of this Chapter or permit or order issued.

(l) Administrative Fines. As provided for in Section 1-2.10 of this Code, not withstanding any other section of this Chapter, any person who is found to have violated any provision of this Chapter, or permits and orders issued hereunder, may be assessed an administrative fine per violation plus any related expenses and damages incurred by the City. Each day on which non-compliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the person’s next scheduled City utility service charge or billed separately as is deemed appropriate. The Director shall have such collection remedies as he has to collect other service charges.

(m) Civil Penalties. As provided for in Section 1-2.08 of this Code and as required under Title 40 CFR “Protection of Environment Part 403.8 (f)(1)(vi)(A), not withstanding any other section of this Chapter, any person who has violated or continues to violate any provision of this Chapter or any order or permit issued hereunder, shall be liable for a civil penalty per violation, per day, for as long as the violation continues. In a civil action to impose, assess, and recover damages and/or penalty, the court shall take into consideration in determining the amount of liability, all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the person’s violation, corrective actions by the person, the compliance history, and any other factors as justice requires.

(n) Criminal Prosecution.

(1) Violations Generally. Any person who willfully or negligently violates any provision of this Chapter or any orders or permits issued hereunder, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine per violation, as required under Title 40 CFR “Protection of Environment” part 403.8 (f)(1)(vi)(A), and as provided for under Section 1-2.01. of this Code, or imprisonment in the county jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each and every day any violation is committed, continued, or permitted by such person shall be punishable as a separate offense.

(2) Falsifying Information. Any person who knowingly makes any false, material representations, certifications, or statements in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or any permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, be guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than One-Thousand and No/100ths ($1,000.00) Dollars per violation or imprisonment for not more than six (6) months or by both such fine and imprisonment for each separate offense.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Any person affected by any administrative or compliance order, cease and desist order, emergency suspension, or termination of service, may file a written appeal to the City Manager. Notwithstanding any other provision of this Code, this appeal must be filed with the City Manager within ten (10) calendar days of the date of service of the order or of the suspension notification, or the date of service termination. The City Manager shall provide notice and shall hear the appeal and render a decision no later than thirty (30) calendar days from the date of submission of the appeal to the City Manager. Failure to submit an appeal to the City Manager within the ten (10) calendar days of the date of service shall be considered a waiver of the right to appeal and the person shall be required to comply with all requirements immediately. The City Manager’s decision in such matters shall be final.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

All provisions of this Chapter shall remain in effect during periods of appeal to the City Manager. No violation of this Chapter or action with a significant potential to violate, shall be allowed during the appeal process.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any part of the provisions of this Chapter is a threat to the public health, safety and welfare and may be declared and deemed a public nuisance, as provided for in Chapter 2 of this Code.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

In addition to the other enforcement powers and remedies established by this Chapter, the Director has the authority to utilize the administrative remedies provided for in Section 1-2.10 of this Code.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Whenever the Director finds any oil, earth, dirt, grass, weeds, dead trees, solid waste, recyclables, litter or any other material, in or upon the sidewalk, street or upon any parcel of land, which may result in an increase in pollutants entering the City storm water sewer system or create an unsightly condition, a public nuisance, or threat to public health, safety or environment, the Director may give notice to clean or abate such conditions to the owner, tenant, or person in control of the property.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

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 herein shall be cumulative and not exclusive.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

The City shall have the authority to enforce the permit requirements of any individual, group, or general storm water discharge permit issued to any industrial facility, or construction site by the United States Environmental Protection Agency, State of California Water Resources Control Board, or the Central Coast Regional Water Quality Control Board to the extent that such authority is delegated to the City by the issuing agency of government.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)