Woodside Municipal Code Art. VII Administration and Enforcement

The Town's representatives bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this Code. The Town's representatives are further empowered to ascertain the nature of such premises, the type of activities carried on therein, the number and type of plumbing fixtures situated therein, and any other facts and information reasonable necessary to carry out of the provisions of this Code.

(Ord. 1994-476, effective 7-12-94)

(A) Notification of unauthorized discharges. Every customer shall notify the Town immediately upon discharging wastes or wastewater in violation of the provisions of this Code, or any permit issued pursuant to this Code. A customer who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within 15 days of the occurrence thereof, submit a written report to the Town describing the cause or causes of such unauthorized discharge, and measures taken, or proposed to be taken, to prevent future similar occurrences. Such report shall not relieve any customer of liability for any expense, loss, or damage suffered or incurred by the Town or other government agency, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever.

(B) Notices to employees regarding unauthorized discharges. Every non-residential customer shall prominently post a notice on the customer's premises advising of the requirement to notify the Town of any unauthorized discharge, including telephone number of the Town to be called in the event of such discharge. The Town may require any customer to inform and advise the customer's officers, agents, and employees of the provisions of this Code, or the provisions of any permit issued pursuant to this Code, or of other requirements of law, or of any other information which may be of assistance in ensuring compliance with said Code, permit, or other requirements of law.

(C) Cease and desist orders. Upon a determination by the Town that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provisions of this Code, or of any provision of any permit issued pursuant to this Code, the Town may issue an order to cease and desist such discharge, or any practice or operation likely to cause such discharge, and further order such person to:

(1) Comply forthwith with the provisions of this Code, or the provisions of any permit issued pursuant to this Code;

(2) Comply in accordance with a time schedule established by the Town; and/or

(3) Take appropriate remedial or preventative action.

(D) Time schedules. Upon a determination by the Town that a discharge of waste or wastewater has occurred, or is occurring or is about to occur in violation of the provisions of this Code, or in violation of any provision of a permit issued pursuant to this Code, the Town may require the person or customer having so discharged, or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the Town reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or customer shall take in order to eliminate or prevent such violation(s). In order to enforce the provisions of this Code, with respect to Section 51.016 of this chapter, grease, oil and sand interceptors and limitations imposed by Section 51.017(I)(2) of this chapter, existing discharging are required to have interceptors in place and functional by December 31, 1994.

(E) Damage to wastewater facilities or emergency corrections.

(1) In the event repairs, construction, or other public work is performed on any premises pursuant to any provision of law authorizing the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes, or caused damage to the wastewater facilities, or which otherwise threatens to cause, causes, or caused a violation of any provision of this Code, or of any other requirement of law, the customer responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally to the Town and/or any other affected government agency for such public expenditures.

(2) In order to enforce the provision of this Code, the Town may correct any violation. The cost of such correction may be added to any sewer service charge payable by the person violating the Code or the owner or tenant of the property upon which the violation occurred, and the Town shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The Town may also petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this Code.

(F) Court injunctions. Upon a determination by the Town that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this Code, or in violation of any provision of a permit issued pursuant to this Code, and further that the customer, occupant or owner of the premises has not complied with the provisions of a duly issued cease and desist order as prescribed in division (C) of this section or has not complied with the terms and conditions of a time schedule as described in division (D) of this section, approved by the Town, then the violation shall be reviewed by the Town Council which may request a court injunction in order to compel the customer, occupant, or owner of said premises to do or to refrain from doing a specified act, or acts in order to prevent or to correct the violation.

(Ord. 1994-476, effective 7-12-94)

Cross reference— Penalty, see § 10.99.

In order to effect its powers, and subject to the provisions of this section, the Town may terminate sanitary wastewater service to any premises from which wastes or wastewater have been discharged, are being discharged, or are threatened to be discharged in violation of any provision of this Code, or because of a delinquency in the payment of any charge or fee assessed by the Town, or because of a violation of any other requirement of law or this Code.

(A) Notification/hearing. Prior to termination of service, the Town shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be terminated, which notice shall state the date of proposed termination of service, the reason(s) therefor, and the date, time and place of a hearing to be held by the Town Council upon the question of the termination. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county or as known to the Town, and a copy shall be delivered to the tenant or posted conspicuously on the property. The hearing shall be held not less than ten days after notice is given as herein described; it may be held at any regular or special meeting of the Town Council. The Town Council shall make such order as it deems appropriate under the circumstances and in furtherance of the purposes and intent of this Code.

(B) Imminent threat. Notwithstanding the foregoing, any unauthorized connection with or opening into the public sanitary wastewater system or appurtenance or discharge thereof into the wastewater facilities may be abated by the Town without notice of such unauthorized connection or opening or discharge poses an imminent threat of damage to the Town's wastewater facilities or of injury to the public health, safety and welfare.

(C) Public hazard or nuisance. In the event a disconnection from the wastewater facilities would create a public hazard or nuisance, the Town's representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the Town for all expenses incurred by the Town in disconnecting any such premises, or in doing other things authorized by this section; and no reconnection shall be made until all such charges are paid.

(Ord. 1994-476, effective 7-12-94)

(A) Subject to the procedures set forth in division (B) of this section, the Town Council may revoke any permit issued pursuant to the provisions of this Code upon a determination by the Town Council that:

(1) The permittee has failed to factually report the wastewater constituents, characteristics, or volume of the permitted wastewater discharge;

(2) The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics, or volumes pertaining to said premises;

(3) The permittee has refused, or failed to permit, reasonable access to the premises to which the permit pertains; or

(4) The permittee has violated, caused to be violated, or allowed to be violated, any term, condition, or provision of the permit.

(B) Prior to revocation of the permit, the Town shall notify, in writing, the owner and tenant, the customer and alleged violator that the permit is intended to be revoked, which notice shall state the date of the proposed revocation, the reason(s) therefor, and the date, time and place a hearing shall be held by the Town Council upon the question of revocation of the permit. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county, or as known to the Town, and a copy shall be delivered to the tenant or posted conspicuously on the property. Such hearing shall not be held less than ten days subsequent to the giving of notice as herein described; it may be held at any regular or special meeting of the Town Council. The Town Council shall make such order as it deems appropriate under the circumstances and in furtherance of the purpose and intent of the permit and other provisions of this Code.

(Ord. 1994-476, effective 7-12-94)

Any discharge or threatened discharge, or any condition which is in any manner in violation of the provisions of this Code, or of any permit issued pursuant to this Code, or of any order or directive of an authorized shall be, and the same is hereby declared to be, unlawful and a public nuisance. Such nuisance may be abated, removed, or enjoined, and damages assessed therefor, in any manner provided by law.

(Ord. 1994-476, effective 7-12-94)

The remedies provided in this Code shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the Town or to other government agencies.

(Ord. 1994-476, effective 7-12-94)

(A) Grants. Subject to the provisions of this section, the Town Council may grant waivers from compliance with the provisions of this Code.

(B) Applications. Applications for waivers shall be submitted in writing and shall be considered and acted upon by the Town Council. The Town Council may schedule a public hearing on such application, in which event the Town shall cause notice of the public hearing to be given in such manner as it determines is adequate in the circumstances.

(C) Limitations. No waiver shall be granted if such action would result in a violation of any statute, regulation, order, or other provision of law promulgated or enacted by a federal, state, or local government entity having jurisdiction over the matter in question.

(D) Necessary determinations.

(1) A waiver may be granted only upon a determination by the Town Council that:

(a) In the absence of the waiver, the strict application of the provisions of this Code would result in a substantial hardship peculiar to the applicant and not generally applicable to other persons similarly situated;

(b) Granting of the waiver is necessary for the preservation and enjoyment by the applicant of substantial personal and/or property rights possessed by other persons similarly situated;

(c) Granting of the waiver will not constitute a special privilege of the applicant; and

(d) Granting of the waiver will not be materially detrimental to the public health, safety and welfare, nor will it result in undue hardships to other persons.

(2) If the Town makes such a determination, it shall adopt a resolution granting the waiver, which resolution shall include therein findings of fact supporting the Council's determination.

(E) Burden of proof. The burden of establishing facts to support the necessary determinations for a waiver shall be upon the applicant. The Town Council may deny any application if the applicant fails to supply relevant information, including documents and records, required by the Town Council in order to make the necessary determinations.

(F) Fees; conditions. In addition to the application fee required by Section 51.065 of this chapter, reasonable fees and charges may be imposed by resolution to cover the cost to the Town of considering an application for a waiver, including the costs of giving notice of a public hearing, the costs of engineering and legal services, and the like. The Town Council may also require the applicant to satisfy reasonable requirements as a condition of granting a waiver.

(Ord. 1994-476, effective 7-12-94)

In addition to any other applicable fees and charges established by the Town, there shall be collected, prior to issuance of a permit by the Town, to allow connection to the sewer system of the Cañada Corridor Sanitary Sewer Service Area (the "service area"), a sewer system equalization fee known as the Special Equalization Charge ("SEC"), to equalize conditions between those properties originally participating in the financing and those properties seeking to connect to the Town's facilities in the service area which did not participate in the original financing, and to thereby contribute to repayment of the Town's loans for said sewer system construction, or to the capital repair and reconstruction of the system, maintenance of the system, and to reimburse funds advanced for the initial construction of the said sewer system by the Town or its agents.

(Ord. 1997-490, effective 11-13-97; Am. Ord. 2004-523, effective 5-13-04)

The SEC shall be composed of three parts:

(A) The cost for one single-family residential equivalent benefit unit ("benefit") in the service area. The benefit will be determined by the Town Manager prior to the Town's acceptance of the completed sewer construction project, and shall include all costs, including but not limited to, developer contracts, inspections, design, engineering, and Town staff and overhead. The benefit cost will be filed with the Town Clerk;

(B) A construction cost inflator, which will be the Engineer News Records - Construction Cost Index for the San Francisco Bay Area from January 2004 to the time of application, times the cost of the benefit (as defined in (A) above); and

(C) A processing fee, adjusted by the change in the San Francisco Bay Area Consumer Price Index ("CPI") for the period of time from January 1, 2004, to the time of application. The processing cost shall initially be $1,000.00.

(Ord. 1997-490, effective 11-13-97; Am. Ord. 2004-523, effective 5-13-04)

Funds acquired by the Town through the collection of the SEC shall be segregated in the Town's Sewer Funds and earmarked for use only for payment of the Town loan, or to be used for capital repair or capital improvements to the service area's sewer system, or to reimburse funds advanced for the initial construction of the said sewer system.

(Ord. 1997-490, effective 11-13-97; Am. Ord. 2004-523, effective 5-13-04)

The SEC shall be collected by Town Staff and shall be in addition to all other applicable fees, including then current sewer connection fees, and building permit fees.

(Ord. 1997-490, effective 11-13-97; Am. Ord. 2004-523, effective 5-13-04)