Yolo County Municipal Code Art. 15 Enforcement and Penalties

(a) DEH shall perform enforcement of the standards of this chapter and the Manual.

(b) All violations of this chapter and the Manual are determined to be unlawful and declared to be detrimental to the public health, safety and welfare, and are declared to be public nuisances.

(c) Failure to maintain an active system operating (OM&M) permit and/or failure to comply with a condition of approval is a violation of this Code and will result in enforcement action.

(d) DEH may condemn any residence or other establishment that is accumulating or disposing of wastewater in a manner contrary to the requirements of this chapter and the Manual.

(e) The Director of Environmental Health has the authority to immediately abate a violation that constitutes an imminent threat to public health and safety. This could include, but not be limited to, untreated sewage onto the ground or into surface waters; open cesspools, septic tanks, or other entrapment hazards; etc.

(f) In addition to the use of other remedy, DEH may seek legal or equitable relief in Yolo County Superior Court to enjoin any act or practice and to abate any conditions that constitute or will constitute a violation of this chapter or the Manual.

(g) No person shall obstruct, impede or interfere with DEH in the performance of code enforcement and nuisance abatement duties pursuant to this chapter and the Manual.

(Ord. 1469, eff. July 14, 2016)

DEH is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this chapter and the Manual.

(Ord. 1469, eff. July 14, 2016)

The Director of Environmental Health may issue a Notice of Violation to any person found to be in violation of a provision of this chapter, including but not limited to, any regulation, information request, order, variance, condition, or other requirement that the Director of Environmental Health and/or his or her designee is authorized to enforce or implement pursuant to this chapter.

(Ord. 1469, eff. July 14, 2016)

(a) The Director of Environmental Health may issue a cease and desist order requiring any person responsible for any violation of this chapter to take any of the following actions:

(1) Immediately discontinue any prohibited discharge of wastewater

(2) Immediately discontinue any other violation of this chapter

(3) Satisfactorily remediate the area affected by the violation.

(Ord. 1469, eff. July 14, 2016)

(a) Any person found in violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand and no hundredths ($1,000.00) dollars, or imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by such person.

(b) In addition to the penalties set forth in this article, any person guilty of a violation of these standards shall be liable for such costs, expenses and disbursements paid or incurred by the County in abatement and prosecution of the violation. The Director of Environmental Health may place a lien on the property for recovery of any associated costs and unpaid fees.

(c) Any person conducting work without necessary permits shall pay double the permit fee as a penalty in addition to the reimbursement of cost and other penalties as described above.

(Ord. 1469, eff. July 14, 2016)