Yolo County Municipal Code Art. 5 Violations, Enforcement and Abatement

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. A violation or failure to comply with any of the requirements of this Chapter shall constitute a misdemeanor and shall be punished as set forth in Title 1, Chapter 2 of this Code. (§ 1, Ord. 1352, eff. August 24, 2006)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the County at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the County. (§ 1, Ord. 1352, eff. August 24, 2006)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit,. Proof of compliance with said permit may be required in a form acceptable to the Administrator prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (§ 1, Ord. 1352, eff. August 24, 2006)

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 Clean Water Act and/or the Porter-Cologne Water Quality Control Act and may be subject to sanctions 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. (§ 1, Ord. 1352, eff. August 24, 2006)

(a) Any person who violates a provision of this Chapter is subject to either administrative, civil, or criminal liability as provided in this Chapter.

(b) The Administrator is granted the authority to use any of the provisions of Sections 10-9.506 through 10-9.511, where appropriate, to correct violations of and to secure compliance with the provisions of this Chapter. (§ 1, Ord. 1352, eff. August 24, 2006)

(a) Whenever the Administrator determines that a person in responsible position has violated this Chapter, or that a violation may occur, the Administrator may provide a warning to the person responsible for the condition giving rise to such violation or potential violation. At the Administrator’s discretion such warning may include the distribution of educational materials to assist in future compliance with this Chapter. Issuance of a warning shall not be a requirement prior to using any enforcement provisions of this Chapter

(b) Whenever the Administrator determines that a violation has occurred, or may occur, the Administrator may serve a Notice of Noncompliance to any person responsible for the violation or potential violation. Each Notice of Noncompliance shall contain the following information:

(1) The date of the violation;

(2) The address or a definite description of the location where the violation occurred;

(3) The Chapter Section violated and a description of the violation;

(4) A description of how the violation can be corrected;

(5) A time limit by which the noncompliance shall be corrected;

(6) A description of further enforcement and/or corrective actions to be taken by the County if noncompliance is not fully corrected by the time limit.

(7) The name and signature of the individual preparing the Notice of Noncompliance; and

(8) Notice of potential liability under the Clean Water Act or Porter-Cologne Water Quality Act.

(c) In lieu of or following the procedures set forth in subsections (a)and (b), above, if the Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Administrator may order compliance by issuing a written notice of violation to the responsible person. Such notice may require without limitation the following:

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

(2) The elimination of illicit connections or discharges;

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

(4) The abatement or remediation of stormwater pollution or contamination and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs; and

(6) The implementation or maintenance of source control facilities or treatment BMP’s.

(7) Notice of potential liability under the Clean Water Act or the Porter-Cologne Water Quality Act.

(d) If abatement for a violation and/or restoration of affected property is required, the notice shall set fourth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remedy or restore within the established deadline, the work will be done by the County or a contractor designated by the Administrator and the expense thereof shall be changed to the violator pursuant to Section 10-9.509 below. (§ 1, Ord. 1352, eff. August 24, 2006)

Notwithstanding the provisions in Section 10-9.509 below, any person receiving a written notice of violation under Section 10-9.506 above may appeal the determination of the Administrator pursuant to the provisions of Title 1, Chapter 4 of this Code. (§ 1, Ord. 1352, eff. August 24, 2006)

If the violation has not been corrected pursuant to the requirements set forth in Section 10-9.506 above, or in the event of an appeal under Section 10-9.507, within 10 days of the decision of the Board of Supervisors upholding the decision of the Administrator, then the County or a contractor designated by the Administrator shall 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. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Administrator or designated contractor to enter upon the premises for the purposes set forth above. (§ 1, Ord. 1352, eff. August 24, 2006)

Within 30 days after abatement of the nuisance by the County, the Administrator shall notify the property owner of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the County Clerk within 14 days. The County Clerk shall set the matter for public hearing by the Board of Supervisors. The decision of the Board of Supervisors shall be set forth by resolution and shall be final.

If the amount due is not paid within 10 days of the decision of the Board of Supervisors or the expiration of the time in which to file an appeal under this article, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. 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, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (§ 1, Ord. 1352, eff. August 24, 2006)

In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Administrator may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (§ 1, Ord. 1352, eff. August 24, 2006)

The Administrator is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Administrator, the County is authorized to enter onto private property and to take any and all measures required to remedy the violation. Any expense related to such remediation undertaken by the County shall be fully reimbursed by the property owner and/or responsible party. (§ 1, Ord. 1352, eff. August 24, 2006).