Chapter 6-13 Water Quality Control

No person shall:

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;

Cause, allow or facilitate any prohibited discharge;

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;

Discharge to Areas of Special Biological Significance except in compliance with all applicable NPDES permits, waivers, orders and other regulatory controls;

Discharge of any nonincidental runoff; or

(6)

Discharge non-stormwater, including without limitation, nonstormwater used for pier, boat or surface washing, to Avalon Bay.

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):

Water line flushing;

Diverted streamflows;

Rising groundwater, where groundwater seepage is not otherwise regulated by a separate NPDES permit;

Uncontaminated groundwater infiltration to the City's MS4;

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.

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.

§ 6-13.104 Connections Prohibited.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

No person shall:

Construct, maintain, operate and utilize any illicit connection to the City's MS4.

§ 6-13.105 Control of Runoff Required — Generally.

Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

Every person within the City shall control incidental runoff by taking the following actions:

Detecting and correcting leaks within 72 hours of learning of the leak.

Properly design and aim sprinkler heads.

Cease watering during precipitation events.

Properly manage ponds containing recycled water such that no discharge occurs in violation of any applicable permit, State or local law or regulation.

Any actions necessary to prevent the discharge of non-stormwater runoff to the MS4 or to the waters of the State or United States.

Waste Disposal.

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.

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.

§ 6-13.106 Control of Runoff Required — Construction Projects.

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]

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.

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.

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.

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.

§ 6-13.107 Control of Runoff Required — Industrial and Commercial Facilities.

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]

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.

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.

§ 6-13.108 Control of Runoff Required — New Development and Redevelopment.

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]

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.

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.

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:

Accidental spills or leaks.

Interior floor drains.

Parking/storage areas and maintenance.

Indoor and structural pest control.

Landscape/outdoor pesticide use.

Pools, spas, ponds, decorative fountains, and other water features.

Restaurants, grocery stores, and other food service operations.

Refuse areas.

Industrial processes.

Outdoor storage of equipment or materials.

Vehicle and equipment cleaning.

Vehicle and equipment repair and maintenance.

Fuel dispensing areas.

Loading docks.

Fire sprinkler test water.

Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources.

Unauthorized non-stormwater discharges.

Building and grounds maintenance.

Any other activity designated by the Director.

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.

§ 6-13.109 Monitoring and Spill Reporting Required.

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]

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.

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:

The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).

The release of a nonhazardous waste shall be reported as follows:

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.

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.

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.

§ 6-13.110 BMP Authorized and Required.

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.

§ 6-13.111 Right to Inspect and Collection Information.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

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.

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.

Compliance Assessments. The Director may inspect property for the purpose of verifying compliance with this chapter.

Portable Equipment. For purposes of verifying compliance with this chapter, the Director may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

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.

§ 6-13.112 Enforcement — Violations.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

A civil or administrative violation of § 6-13.103 or § 6-13.104 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.

§ 6-13.113 Enforcement — Administrative Remedies.

The City Manager may, in addition to any other remedies provided in this Code or available under applicable law, take enforcement action against violators of this chapter through any combination of the administrative enforcement options set forth below.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

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.

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.

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.

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.

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:

Immediately discontinue any illicit connection, or illicit discharge to the MS4;

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;

Immediately discontinue any other violation of this chapter;

Clean up the area affected by the violation;

Implement BMPs and take other actions necessary to comply with the requirements of this chapter.

Monetary Penalty.

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:

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;

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.

An amount that shall not exceed $1,000 per day for each day on which a person violates §§ 6-13.103 or 6-13.104 of this chapter.

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.

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.

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.

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.

§ 6-13.114 Enforcement — Civil Remedies.

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]

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

§ 6-13.115 Enforcement — Criminal Remedies.

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]

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.

§ 6-13.116 Enforcement — Nonexclusive Remedies.

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.

§ 6-13.117 Enforcement — Consecutive Violations.

[§ 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.

§ 6-13.118 Notices.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

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:

The notice shall state that the recipient has a right to appeal the matter as set forth in § 6-13.119 of this chapter.

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.

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.

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.

§ 6-13.119 Appeals.

[§ 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.

§ 6-13.120 Judicial Review.

[§ 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.

§ 6-13.121 Severability.

[§ 2, Ord. 1119-13, eff. July 4, 2013]

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.