Yuba City Municipal Code Art. 6 Enforcement

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this chapter. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. A violation of or failure to comply with any of the requirements of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the City Attorney.

In addition to any other enforcement powers and/or remedies provided in this chapter, the Director or enforcement officer may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. At the discretion of the Director or enforcement officer, orders to cease and desist may take the following form:

(a) Verbal warnings, as may be issued during inspections;

(b) Warning letters and orders to abate pollution;

(c) Warning letters with requirements to submit written reports; and

(d) Formal violations and legal action as described in this chapter.

Whenever the Director or enforcement officer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director or enforcement officer may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

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

(b) The elimination of illicit connections or discharges;

(c) That violating discharges, practices or operations shall cease and desist;

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

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

(f) The implementation or maintenance of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the City or a contractor designated by the Director and/or the enforcement officer and the expense thereof shall be charged to the violator pursuant to this chapter. A notice issued under this chapter shall identify the provisions of this chapter which have been violated, shall state the recipient has the right to appeal as set forth in Section 4-21.81 of this chapter.

Said notice shall be served upon recipient by: (1) personal service; (2) deposit in U.S. mail, postage pre-paid for first class delivery; or (3) electronic mail service with confirmation of receipt. Where recipient is the owner of the subject property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the county. Where the owner or occupant cannot be located after reasonable efforts, notice of violation shall be deemed delivered after posting on the subject property for a period of ten days.

(Ord. No. 003-16, § 2, 2-16-2016)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the 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.

(Ord. No. 003-16, § 2, 2-16-2016)

Whenever the Director determines that a violation has occurred, or may occur, the violation procedure may follow the City's Administrative Citation Program contained in Chapter 6, Title 1, of the City's Municipal Code or any other procedure authorized by law or the City's Municipal Code in the discretion of the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

(a) A temporary and/or permanent injunction.

(b) An action for an unlawful business practice pursuant to Business and Professions Code § 17206.

(c) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(d) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

(e) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(f) The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan.

(Ord. No. 003-16, § 2, 2-16-2016)

Any person may appeal a violation of this chapter in accordance with the applicable provisions of the Yuba City Municipal Code.

(Ord. No. 003-16, § 2, 2-16-2016)

Whenever any work is being done contrary to the provisions of this chapter, the Director or enforcement officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Director or enforcement officer to proceed with the work.

(Ord. No. 003-16, § 2, 2-16-2016)

The Director 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 or the environment, or is a violation of a NPDES permit. If any such violation is not abated immediately as directed by the Director, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. Any expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief under this section shall not prevent the City from seeking other and further relief authorized under this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)

The Director is authorized to immediately abate or require the abatement of any illegal discharge or spill into the municipal storm drain system when in the opinion of the enforcement officer it constitutes or threatens to constitute an immediate threat to the public health, safety or wellbeing, or to the environment, or is a violation of a NPDES permit. If any such violation is not abated immediately as directed by the Director or the enforcement officer, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. Any expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief under this section shall not prevent the City from seeking other and further relief authorized under this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)