[§ 2, Ord. 1119-13, eff. July 4, 2013]
This chapter implements the Federal Water Pollution Control
Act (the "Clean Water Act" or "CWA"), 33 U.S.C. §§ 1251 — 1387,
and the California Water Code by prohibiting the discharge of any
pollutant to navigable waters of the United States from a point source
unless the discharge is authorized by a permit issued pursuant to
the National Pollutant Discharge Elimination System ("NPDES") required
by CWA § 402, 33 U.S.C. § 1342 or the Water Code,
and effectively prohibits non-stormwater discharges into the municipal
separate storm sewer system ("MS4"). This chapter shall be construed
to assure consistency with the requirements of the Clean Water Act,
its implementing regulations, and Porter-Cologne Water Quality Control
Act, and any permit issued under the Acts.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them by this chapter. Words and
phrases not ascribed a meaning by this chapter shall have the meanings
ascribed by the regulations implementing the National Pollutant Discharge
Elimination System, Clean Water Act § 402, and Division
7 of the California Water Code, as they may be amended from time to
time, if defined therein, and if not, to the definitions in any applicable
permit issued by the California Water Resources Control Board or the
California Regional Water Quality Control Board, Los Angeles Region,
as appropriate, as such permits may be amended from time to time.
Shall mean schedules of activities, prohibitions of practices,
general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
Shall mean the City of Avalon, located in the County of Los
Angeles, California.
Shall mean the City Attorney of the City or an authorized
deputy, agent, or representative.
Shall mean the City Manager of the City or an authorized
deputy, agent, or representative.
Shall mean the person designated by the City Manager to administer
this chapter and conduct inspections for the purpose of ensuring compliance
with this chapter or an authorized deputy, agent, or representative.
Shall mean any direct or indirect non-stormwater discharge
to the storm drain system, except as exempted in this chapter.
Shall mean any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drain system, including but not limited to any conveyance which allows
non-stormwater discharge, including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to
the storm drain system, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency. Illicit connection also means any drain or conveyance
connected to the storm drain system which has not been documented
in approved plans, maps, or equivalent records.
Shall mean unintended amounts (volume) of runoff, such as
unintended, minimal over-spray from sprinklers that escapes the area
of intended use. Water leaving an intended use area is not considered
incidental if it is part of the facility design, if it is due to excessive
application, if it is due to intentional overflow or other application,
or if it is due to negligence.
Shall mean the publicly-owned facilities by which stormwater
is collected and/or conveyed, including but not limited to any roads
with drainage systems, municipal streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage channels, reservoirs, and
other drainage structures.
Shall mean National Pollution Discharge Elimination System.
Shall mean any individual, partnership, firm, association,
corporation or public agency, including the State of California and
the United States of America.
Shall mean anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes
solvents, oil, automotive fluids, nonhazardous liquid and solid wastes,
yard wastes, refuse, rubbish, garbage, litter, discarded or abandoned
objects, ordinances, floatables, pesticides, herbicides, fertilizers,
hazardous substances and wastes, sewage, fecal coliform and pathogens,
dissolved and particulate metals, animal wastes, construction wastes,
noxious or offensive matter of any kind.
Shall mean projects that create and/or replace 5,000 square
feet or more of impervious surface. Regulated projects include new
and redevelopment projects on public or private land under the planning
and permitting authority of the City. Regulated projects do not include
detached single-family home projects that are not part of a larger
plan of development, interior remodels, routine maintenance or repair
such as exterior wall surface replacement and pavement resurfacing
within the existing footprint, or linear utility projects ("LUP"),
unless the LUP has a discrete location with 5,000 square feet or more
of new contiguous impervious surface.
Shall mean runoff from storm events, snow melt runoff and
surface runoff and drainage related to precipitation events.
Shall mean any water or other liquid other than uncontaminated
stormwater, discharged from a facility.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
No person shall:
(1)
Discharge non-stormwater to the City's MS4 except in compliance
with the requirements of this chapter and in compliance with any separate
individual or general NPDES permit;
(2)
Cause, allow or facilitate any prohibited discharge;
(3)
Discharge any material into the MS4, or any water body within
the City's jurisdiction that may cause, or threaten to cause
a condition of pollution, contamination, or nuisance within the meaning
of California Water Code § 13050;
(4)
Discharge to Areas of Special Biological Significance except
in compliance with all applicable NPDES permits, waivers, orders and
other regulatory controls;
(5)
Discharge of any nonincidental runoff; or
(6)
Discharge non-stormwater, including without limitation, nonstormwater
used for pier, boat or surface washing, to Avalon Bay.
(b)
The following discharges shall not constitute prohibited discharges unless determined by the City Manager to be a significant source of pollutants, pose a threat to water quality standards, or discharge to an Area of Special Biological Significance, or otherwise meet the requirements of § 6-13.103(c):
(1)
Water line flushing;
(2)
Diverted streamflows;
(3)
Rising groundwater, where groundwater seepage is not otherwise
regulated by a separate NPDES permit;
(4)
Uncontaminated groundwater infiltration to the City's MS4;
(5)
Uncontaminated pumped groundwater provided such discharges are
compliant with all applicable permit requirements, including enrollment
in any applicable NPDES Permit or Waste Discharge Requirement from
the Los Angeles Regional Water Quality Control Board;
(6)
Discharges from potable water sources, except when used for
surface washing and discharge directly or indirectly into Avalon Bay;
(7)
Gravity flow from foundation drains, footing drains and crawl
space pumps, when groundwater seepage is not otherwise regulated by
a separate NPDES permit or provided such discharges are compliant
with all applicable permit requirements, including enrollment in any
applicable NPDES Permit or Waste Discharge Requirement from the Los
Angeles Regional Water Quality Control Board;
(8)
Air-conditioning condensation, when not otherwise regulated
by a separate NPDES permit;
(9)
Natural springs;
(10)
Flows from riparian habitats and wetlands;
(11)
Discharges composed entirely of stormwater;
(12)
Discharges subject to regulation under current EPA, State Water
Resources Control Board, or Regional Water Quality Control Board issued
NPDES permits, State General Permits, or other waivers, permits or
approvals granted by an appropriate government agency;
(13)
Discharges from emergency firefighting activities unless identified
as a significant source of pollutants to waters of the United States;
(14)
Discharges of dechlorinated water from swimming pools, when
not otherwise regulated by a separate NPDES permit;
(15)
Individual residential car washing.
(c)
Notwithstanding the conditional exemptions provided in § 6-13.103(b), if the Director, independently or at the direction of the Regional Board, determines that a conditionally exempt discharge is a significant source of pollutants, threatens water quality standards, causes or significantly contributes to a violation of any receiving water limitation, results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Director may prohibit, limit, or direct the control of such discharge and may take any enforcement option available under this chapter.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Every person within the City shall control incidental runoff
by taking the following actions:
(1)
Detecting and correcting leaks within 72 hours of learning of
the leak.
(2)
Properly design and aim sprinkler heads.
(3)
Cease watering during precipitation events.
(4)
Properly manage ponds containing recycled water such that no
discharge occurs in violation of any applicable permit, State or local
law or regulation.
(5)
Any actions necessary to prevent the discharge of non-stormwater
runoff to the MS4 or to the waters of the State or United States.
(b)
Waste Disposal.
(1)
Except when deposited into containers or in lawfully established
dumping areas, no person shall throw, deposit, leave, maintain, keep
or permit to be thrown, deposited, placed, left or maintained any
refuse, rubbish, garbage or other discarded or abandoned objects,
articles and accumulations, including but not limited to dirt, green
waste and animal waste, in or upon any street, alley, sidewalk, storm
drain, inlet, catch basin, conduit, or other drainage structures,
business place or upon any public or private lot of land in the City,
so that the same may cause or contribute to pollution.
(2)
Each person responsible for any real property adjacent to a
paved sidewalk shall maintain said sidewalk free of dirt or litter.
Sweepings from sidewalk shall not be swept or otherwise made or allowed
to go into the gutter or roadway, but shall be disposed of in receptacles
maintained on such real property as required for garbage disposal.
(3)
Each person responsible for pets shall promptly pick up animal
waste deposited in public areas and properly dispose of it in a trash
receptacle.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Plan Review. Prior to and as a condition of issuing a grading
permit, or building permit by the City, the appropriate department
shall review the project plans and impose terms, conditions and requirements
on the project to ensure compliance with this chapter and any applicable
permit. If the project will be approved without application for a
grading permit, or building permit, the appropriate department shall
review the project plans and impose terms, conditions and requirements
on the project prior to the issuance of a discretionary land use approval
or, at the City's discretion, prior to recordation of a subdivision
map.
(b)
Every project that disturbs one acre or more of soil or disturbs
less than one acre but is part of a larger common plan of development
or sale is subject to the State Construction General Permit (CGP)
and shall comply with all provisions of such permit. Proof of compliance
with the CGP is required prior to obtaining a grading or building
permit.
(c)
Erosion and Sediment Control Plan. Each operator or person responsible
for the day to day operations of construction activity within the
City, regardless of size, shall prepare and submit an erosion and
sediment control plan prior to and as a condition of issuing a grading
or building permit. The erosion and sediment control plan shall, at
a minimum, appropriate site-specific construction site BMPs, the rationale
used for selecting or rejecting BMPs, a quantification of expected
soil loss from the BMPs, a list of applicable permits, and evidence
that permits have been obtained. No construction activity shall commence
before the construction site operator receives written approval of
the erosion and sediment control plan from the Director or City Manager.
(d)
Permit Coverage. Prior to and as a condition of issuing construction
or grading permit, a construction site operator shall demonstrate
existing coverage under applicable permits, including but not limited
to the State Water Board's Construction General Permit, State
Water Board 401 Water Quality Certification, United States Army Corp
404 permit, and California Department of Fish and Game 1600 agreement.
The City may require documentation demonstrating coverage by and compliance
with any applicable permit, including copies of any notice of intent,
stormwater pollution prevention plans, inspection reports, monitoring
results, and other information deemed necessary to assess compliance
with this chapter or any permit.
(e)
BMPs. The Director may require, as a condition to such permit,
the implementation of BMPs to ensure that the discharge of pollutants
from the site will be effectively prohibited and will not cause or
contribute to an exceedance of water quality standards. Each construction
site shall implement such BMPs to ensure that discharges of pollutants
are effectively prohibited and will not cause or contribute to an
exceedance of water quality standards. All construction and grading
activities shall comply with applicable laws, including all applicable
City ordinances and the City's NPDES Permit regulating discharges
into and from the MS4.
(f)
Cost Recovery. The City shall be reimbursed by the project applicant
for all costs and expenses incurred by the City in the review of project
plans. The City may elect to require a deposit of estimated costs
and expenses, and the actual costs and expenses shall be deducted
from the deposit, and the balance, if any, refunded to the project
applicant.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
No person shall operate or cause to be operated any industrial
or commercial facility without first obtaining any required NPDES
stormwater permit. The City may require documentation demonstrating
coverage by and compliance with any applicable permit, including copies
of any notice of intent, stormwater pollution prevention plans, inspection
reports, monitoring results, and other information deemed necessary
to assess compliance with this chapter or any permit.
(b)
On receipt of written notice from the City, the owner or operator
of any industrial or commercial facility or source of stormwater shall
select, install, implement and maintain BMPs consistent with the CASQA
Industrial/Commercial BMP Handbook or equivalent. BMPs must be designed
to implement the requirements of this chapter and any applicable permit.
(c)
The Director may require the responsible person for any industrial
or commercial facility to enter into an agreement for the operation
and maintenance of any structural control measures and to record such
agreement with the County Recorder's office. The signature of
the owner of the property or any successive owner shall be sufficient
for the recording of these terms, conditions and requirements and
a signature on behalf of the City shall not be required for recordation.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
All new development and redevelopment within the City shall
be undertaken in accordance with the best management practices for
pollution prevention, the City's NPDES Permit for discharges
into and from its MS4, and any other conditions, requirements and
water quality management plans adopted by the City.
(1)
Regulated projects must implement measures, as the City may
require, for site design, source control, runoff reduction, stormwater
treatment, baseline hydromodification, low impact development, operations
and maintenance verification of stormwater treatment, and baseline
hydromodification management structural control.
(2)
Regulated projects with the following pollutant-generating activities
and sources shall also implement permanent and operation source control
measures, as required by the City. These source control measures shall
be selected and designed consistent with CASQA's Stormwater Best
Management Practice Handbook for New Development and Redevelopment,
or equivalent manual:
a.
Accidental spills or leaks.
b.
Interior floor drains.
c.
Parking/storage areas and maintenance.
d.
Indoor and structural pest control.
e.
Landscape/outdoor pesticide use.
f.
Pools, spas, ponds, decorative fountains, and other water features.
g.
Restaurants, grocery stores, and other food service operations.
h.
Refuse areas.
i.
Industrial processes.
j.
Outdoor storage of equipment or materials.
k.
Vehicle and equipment cleaning.
l.
Vehicle and equipment repair and maintenance.
m.
Fuel dispensing areas.
n.
Loading docks.
o.
Fire sprinkler test water.
p.
Drain or wash water from boiler drain lines, condensate drain
lines, rooftop equipment, drainage sumps, and other sources.
q.
Unauthorized non-stormwater discharges.
r.
Building and grounds maintenance.
s.
Any other activity designated by the Director.
(b)
The owner of a new development or redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to § 6-13.108(a) on a new development or redevelopment project. Failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to § 6-13.108(a) shall constitute a violation of this chapter.
(c)
The Director may require the responsible person for any new
or redevelopment project to enter into an agreement for the operation
and maintenance of any structural control measures and to record such
agreement with the County Recorder's office. The signature of
the owner of the property or any successive owner shall be sufficient
for the recording of these terms, conditions and requirements and
a signature on behalf of the City shall not be required for recordation.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
The City Manager may require by written notice of requirement
that any person engaged in any activities or owning or operating any
facility which may cause or contribute to stormwater pollution, illegal
discharges, or non-stormwater discharges to the storm drain system
or waters of the United States, to undertake at no cost to the City
sampling, monitoring and analysis and to furnish reports to the City
as deemed necessary to determine compliance with this chapter.
(b)
Notwithstanding any other requirement of law, any known or suspected
release of materials, pollutants or waste, which may result in pollutants
or non-stormwater discharges entering stormwater, the MS4 or waters
of the State or United States, shall be reported immediately in the
following manner by any person in charge of a premises or responsible
for the premises' emergency response:
(1)
The release of a hazardous material or hazardous waste shall
be immediately reported to emergency services by emergency dispatch
services (911).
(2)
The release of a nonhazardous waste shall be reported as follows:
a.
To the Director and to the twenty-four-hour stormwater hotline
by telephone no later than 5:00 p.m. on the same business day.
b.
If the release occurs after 5:00 p.m. on a weekday, on a weekend
or holiday, to the twenty-four-hour stormwater hotline on the same
day and to the Director by telephone on the next business day.
c.
A written notification of the release shall also be made to
the Director within five business days of the release. A copy of the
written notice shall be retained at the premises for at least three
years.
(3)
In addition to the above requirements, a release of any hazardous
materials or substances, sewage, oil, or petroleum to any waters of
the State, or discharged or deposited where it is or probably will
be discharged in or on any waters of the State, shall be reported
to the State Office of Emergency Services, as required by §§ 13271
and 13272 of California Water Code.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
Each owner, operator, or person in charge of day to day activities
of any construction site, new or redevelopment project, industrial
or commercial facility, or of any other site, activity, operation,
or facility that may discharge any pollutant to the MS4 shall minimize
the discharge of pollutants to the MS4 through the installation, implementation
and maintenance of BMPs consistent with the California Storm Water
Quality Association's Best Management Practices Handbook, or
equivalent, as required by the Director or City Manager. Properties
with a high potential threat of discharge may be required to implement
a monitoring program that meets standards as determined necessary
by the City.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Right to Inspect. The Director shall have the authority to make
an inspection to enforce the provisions of this chapter and to ascertain
whether the purposes of this chapter are being met.
(b)
Entry to Inspect. The Director may enter both public and private
property to investigate the source or potential source of any discharge
of a pollutant to any public street, inlet, gutter, storm drain or
the MS4 located within the jurisdiction of the City.
(c)
Compliance Assessments. The Director may inspect property for
the purpose of verifying compliance with this chapter.
(d)
Portable Equipment. For purposes of verifying compliance with
this chapter, the Director may inspect any vehicle, truck, trailer,
tank truck or other mobile equipment.
(e)
Records Review. Maintenance records must be kept on site and
remain available for inspection. Failure to keep records on site and
available for inspection shall constitute a violation of this chapter.
The Director may inspect all records of the owner or person in charge
of the day-to-day activities of private property relating to chemicals
or processes presently or previously occurring on site, including
material and/or chemical inventories, facilities maps or schematics
and diagrams, material safety data sheets, hazardous waste manifests,
business plans, pollution prevention plans, State general permits,
stormwater pollution prevention plans, monitoring program plans and
any other record(s) relating to illicit connections, prohibited discharges,
a legal nonconforming connection or any other source of discharge
or potential discharge of pollutants to the MS4.
(f)
Sample and Test. The Director may inspect, sample and test any
area runoff, soils area (including groundwater testing), process discharge,
materials within any waste storage area (including any contained contents)
and/or treatment system discharge for the purpose of determining the
potential for the discharge of pollutants to the stormwater drainage
system. The Director may investigate the integrity of all storm drain
and sanitary sewer systems, any legal nonconforming connection or
other pipelines on the private property using appropriate tests, including,
but not limited to, smoke and dye tests or video surveys. The Director
may take photographs or videotapes, make measurements or drawings
and create any other record reasonably necessary to document conditions
on the property.
(g)
Monitoring. The Director may erect and maintain monitoring devices
for the purpose of measuring any discharge or potential source of
discharge to the MS4.
(h)
Data Collection. The Director may require information deemed
necessary to assess compliance with this chapter or any NPDES permit.
(i)
Response Plans. The Director may, together with the City Attorney,
develop and implement an Enforcement Response Plan setting forth enforcement
procedures and actions to address repeat and continuing violations
of this chapter and a Spill Response Plan setting forth the procedures,
roles and responsibilities for investigating, cleaning up and reporting
spills.
(j)
Cost Recovery. If an inspection pursuant to this section results
in an enforcement action, the City may issue an invoice of costs and
recover in an enforcement action its reasonable inspection costs.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Notice of Violation. The Director may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge, a Notice of Violation. The Notice of Violation shall be delivered in accordance with § 6-13.118 of this chapter.
(1)
The Notice of Violation shall identify the provision(s) of this
chapter or the applicable permit which has been violated. The Notice
of Violation shall state that continued noncompliance may result in
additional enforcement actions against the owner, occupant and/or
person.
(2)
The Notice of Violation shall state a compliance date that must
be met by the owner, occupant and/or person; provided, however, that
the compliance date may not exceed 90 days unless the Director extends
the compliance deadline an additional 90 days where good cause exists
for the extension. Uncontrolled sources of pollutants shall be abated
immediately and in no case longer than 30 days.
(b)
Administrative Compliance Orders. Separate from, in addition
to, or in combination with a Notice of Violation or Cease and Desist
Order, the Director may issue an Administrative Compliance Order against
the owner and/or occupant of any public or private property and/or
any other person responsible for a violation of this chapter. Issuance
of a Notice of Violation or Cease and Desist Order is not a prerequisite
to the issuance of an Administrative Compliance Order.
(c)
Cease and Desist Orders. The Director may issue a Cease and
Desist Order directing the owner or occupant, or other person in charge
of day-to-day operations of any public or private property and/or
any other person responsible for a violation of this chapter to immediately
or by a specified day or time:
(1)
Immediately discontinue any illicit connection, or illicit discharge
to the MS4;
(2)
Immediately contain or divert any flow of non-stormwater off
the property, where the flow is occurring in violation of any provision
of this chapter;
(3)
Immediately discontinue any other violation of this chapter;
(4)
Clean up the area affected by the violation;
(5)
Implement BMPs and take other actions necessary to comply with
the requirements of this chapter.
(d)
Monetary Penalty.
(1)
In addition to, or in combination with a Notice of Violation,
Administrative Compliance Order or Cease and Desist Order, the City
Manager or the Director may issue a civil penalty for violations of
this chapter. The Notice of Violation, Administrative Compliance Order,
or Cease and Desist Order to which the penalty will attach shall allege
the act(s) or failure(s) to act that constitute violations of this
chapter and shall set forth the penalty for the violation. The City
Manager or the Director may impose the following monetary penalties,
in addition to other appropriate corrective action requirements:
a.
An amount that shall not exceed $100 for each day a person fails
or refuses to provide the City with any report or information required
by this chapter;
b.
An amount that shall not exceed $200 for each day a person fails
or refuses to timely comply with a Notice of Violation or Cease and
Desist Order or fails or refuses to remedy any source of a continuing
violation as required by the City Manager or this chapter.
(2)
The amount of any penalties imposed under this section which
have remained delinquent for a period of 60 days may become a special
assessment against the real property of the person violating this
chapter.
(3)
The assessment may be collected at the same time and in the
same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment.
(4)
If the identity of the owner of the real property can be determined,
the City shall make its best effort to provide notice of the special
assessment to the owner by certified mail at the time of imposing
the assessment. Such notice will specify that the property may be
sold after three years by the Tax Collector for unpaid delinquent
assessments. The Tax Collector's power of sale shall not be affected
by the failure of the property owner to receive notice. Assessment
of administrative fines as provided hereunder does not preclude assessment
of other costs of abatement of any nuisance against the same property
at a later date.
(5)
If any real property against which the special assessment relates
has been transferred or conveyed to a bona fide purchaser for value,
or if a lien of a bona fide encumbrancer for value has been created
and attaches thereon, prior to the date on which the first installment
of the taxes would become delinquent, then the cost of abatement shall
not result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
(6)
A sale of vacant residential developed property for which the
payment of a special assessment imposed pursuant to this chapter is
delinquent may be conducted, subject to the requirements applicable
to the sale of property pursuant to § 3691 of the Revenue
and Taxation Code.
(7)
Notices or instruments relating to the special assessment shall
be entitled to recordation.
(e)
City's Performance of Work. The Director may enter property
to perform abatement activities or conduct clean up work in the event
abatement or clean up activities ordered pursuant to this chapter
are not conducted within by the established deadline. In the event
a violation of this chapter constitutes an imminent danger to public
safety or the environment, the Director may enter the property from
which the violation emanates, conduct abatement activities and restore
any property affected by the violation. To the extent reasonably practicable,
informal notice shall be provided to the owner or occupant prior to
abatement. If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the
owner or occupant thereof and without judicial warrant.
(f)
Recovery of Costs. The Director may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a Notice of Violation or other administrative order or to abatement or clean up activities by the City, an invoice for costs documenting any and all costs incurred by the City in cleaning up a site and issuing the Notice of Violation or other administrative order and directing payment to the City. An invoice for costs shall be delivered in accordance with § 6-13.118 of this chapter. An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with § 6-13.119 then the City Attorney may institute collection proceedings.
(g)
Unless timely appealed, an administrative compliance order shall
be effective and final as of the date it is issued by the City Manager.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Nuisance. Any condition in violation of the prohibitions of
this chapter, including, but not limited to, the maintenance or use
of any illicit connection or the occurrence of any prohibited discharge,
shall constitute a threat to the public health, safety and welfare,
and is declared and deemed a nuisance pursuant to Government Code
§ 38771.
(1)
City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the Director may request the City Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to § 6-13.113(e).
a.
Court order to enjoin or abate. At the request of the City Manager,
the City Attorney may seek a court order to enjoin and/or abate the
nuisance.
b.
Notice to owner and occupant. Prior to seeking any court order
to enjoin or abate a nuisance or threatened nuisance, the City Manager
authorized designee shall provide notice of the proposed injunction
or abatement to the owner and occupant, if any, of the property where
the nuisance or threatened nuisance is occurring.
(2)
Emergency Abatement. In the event the nuisance constitutes an
imminent danger to public safety or the environment, the Director
may enter the property from which the nuisance emanates, abate the
nuisance and restore any property affected by the nuisance. To the
extent reasonably practicable, informal notice shall be provided to
the owner or occupant prior to abatement. If necessary to protect
the public safety or the environment, abatement may proceed without
prior notice to or consent from the owner or occupant thereof and
without judicial warrant.
(3)
Reimbursement of Costs. All costs incurred by the City in responding
to any nuisance, all administrative expenses and all other expenses
recoverable under State law, shall be recoverable from the person(s)
creating, causing, committing, permitting or maintaining the nuisance.
(4)
Nuisance Lien. All costs shall become a lien against the property
from which the nuisance emanated and a personal obligation against
the owner thereof in accordance with Government Code §§ 38773.1
and 38773.5. The owner of record of the property subject to any lien
shall be given notice of the lien prior to recording as required by
Government Code § 38773.1. At the direction of the City
Manager, the City Attorney is authorized to collect nuisance abatement
costs or enforce a nuisance lien in an action brought for a money
judgment or by delivery to the County Assessor of a special assessment
against the property in accord with the conditions and requirements
of Government Code § 38773.5.
(b)
Injunction. At the request of City Manager, the City Attorney
may cause the filing in a court of competent jurisdiction, of a civil
action seeking an injunction against any threatened or continuing
noncompliance with the provisions of this chapter.
(c)
Order for Reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement
to the City of all costs incurred in enforcing this chapter, including
costs of inspection, investigation and monitoring, the costs of abatement
undertaken at the expense of the City, costs relating to restoration
of the environment and all other expenses as authorized by law.
(d)
Damages. The City Manager may cause the City Attorney to file
an action for civil damages in a court of competent jurisdiction seeking
recovery of (i) all costs incurred in enforcement of this chapter,
including, but not limited to, costs relating to investigation, sampling,
monitoring, inspection, administrative expenses, all other expenses
as authorized by law, and consequential damages, (ii) all costs incurred
in mitigating harm to the environment or reducing the threat to human
health, and (iii) damages for irreparable harm to the environment.
(e)
Damages from Trespass or Nuisance on Public Land. The City Attorney
is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the MS4 from any
violation of this chapter where the same has caused damage, contamination
or harm to the environment, public property or the MS4.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Infractions. Any person who may otherwise be charged with a
misdemeanor under this chapter may be charged, at the discretion of
the City Attorney, with an infraction punishable by a fine of not
more than $100 for a first violation, $200 for a second violation,
and a fine not exceeding $500 for each additional violation occurring
within one year.
(b)
Misdemeanors. Any person who negligently or knowingly violates
any provision of this chapter, undertakes to conceal any violation
of this chapter, continues any violation of this chapter after notice
thereof, or violates the terms, conditions and requirements of any
permit issued pursuant to this chapter, shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment for
a period of not more than six months, or both.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
Each and every remedy available for the enforcement of this
chapter shall be nonexclusive and it is within the discretion of the
Director or City Attorney to seek cumulative remedies, except that
multiple monetary fines or penalties shall not be available for any
single violation of this chapter.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
Each day in which a violation occurs and each separate failure
to comply with either a separate provision of this chapter, an Administrative
Compliance Order, a Cease and Desist Order or a permit issued pursuant
to this chapter, shall constitute a separate violation of this chapter
punishable by fines or sentences issued in accordance herewith.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
Delivery of Notice. Any Notice of Violation, Administrative
Compliance Order, Cease and Desist Order or Invoice of Costs to be
delivered pursuant to the requirements of this chapter shall be subject
to the following:
(1)
The notice shall state that the recipient has a right to appeal the matter as set forth in § 6-13.119 of this chapter.
(2)
Delivery shall be deemed complete upon personal service to the
recipient, deposit in the U.S. mail, postage prepaid for first class
delivery, facsimile service with confirmation of receipt, or by any
other means permitted by law.
(3)
Where the recipient of notice is the owner of the property,
the address for notice shall be the address from the most recently
issued equalized assessment roll for the property or as otherwise
appears in the current records of the City.
(4)
Where the owner or occupant of any property cannot be located
after the reasonable efforts of the Director, a Notice of Violation
or Cease and Desist Order shall be deemed delivered after posting
on the property for a period of five business days.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
Any person subject to a Notice of Violation, Administrative Compliance Order, or Cease and Desist Order aggrieved by the issuance of an order may appeal from the issuance thereof to a hearing officer in accordance with the appeal procedures set forth in Chapter 1-4 of Title 1 of this Code except that any such appeal shall be filed within 15 days of the date of service of the Notice of Violation, Cease and Desist Order or Administrative Compliance Order by the Director upon the appealing party. A person subject to an order to remedy a condition which poses an immediate threat to the public health, safety or welfare shall comply with that order during the pendency of any appeal. To the extent that any provision of this section conflicts with the provisions of Chapter 1-4 of Title 1 of this Code, the provisions contained in Chapter 1-4 of Title 1 shall control.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
The provisions of §§ 1094.5 and 1094.6 of the
Code of Civil Procedure set forth the procedure for judicial review
of any act taken pursuant to this chapter. Parties seeking judicial
review of any action taken pursuant to this chapter shall file such
action within 90 days of the occurrence of the event for which review
is sought.
[§ 2, Ord. 1119-13, eff. July 4, 2013]
(a)
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase added by this chapter, or any part thereof, is for
any reason held to be unconstitutional or invalid or ineffective by
any court of competent jurisdiction, such decision shall not affect
the validity or effectiveness of the remaining portions of this chapter
or any part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any or more
subsections, subdivisions, paragraphs, sentences, clauses or phrases
are declared unconstitutional, invalid or ineffective.
(b)
If any provision of this chapter or the application of the chapter
to any circumstance is held invalid, the remainder of the chapter
or the application of the chapter to other persons or circumstances
shall not be affected.
