A. 
In addition to any other enforcement powers or remedies provided in this chapter, an authorized enforcement official 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 division. Such order shall be directed to those persons in violation of this division stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance and such other remedial or preventive action as may be necessary. Upon the violator's failure to comply with such an order, the Town shall take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, State or Federal law. At the discretion of the enforcement official, orders to cease and desist may take any or all of the following forms:
1. 
Verbal warnings, as may be issued during inspections.
2. 
Warning letters and orders to abate pollution.
3. 
Warning letters with requirements to submit written reports.
B. 
Notice of Violation. When the Administrator has probable cause to believe that there may be a violation of this division, the Administrator may issue a notice of violation to the owner, occupant or operator of any public or private property, or to any person responsible for an illicit connection or illicit discharge. The notice of violation shall:
1. 
Identify the provision(s) of this division, the BMPs, the applicable stormwater pollution prevention plan, stormwater pollution control plan, stormwater quality management plan or permit alleged to have been, or are then being, violated and describe the manner of compliance or abatement required;
2. 
State that continued noncompliance may result in additional penalties and enforcement actions against the owner, operator, or occupant; and
3. 
State a compliance date that must be met by the owner, operator, or occupant.
C. 
Administrative Compliance Orders. When the Administrator has probable cause to believe that there may be a continuing or repeated violation of this division, the Administrator may issue and deliver to the owner, occupant or operator of any property, or to any person responsible for an illicit connection or illicit discharge, an administrative compliance order. The administrative compliance order may include the following terms and requirements:
1. 
Specific steps and time schedules for compliance as reasonably necessary to prevent continued or threatened illicit discharges;
2. 
Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
3. 
Specific requirements for containment, remediation, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
4. 
Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this division, including, but not limited to, requirements for compliance with best management practice guidance documents promulgated by any Federal agency, the State of California or the Town; and
5. 
Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of the BMPs, plans, or permits issued pursuant to this division.
D. 
Cease and Desist Orders. If the Administrator determines that the public health and safety requires, the Administrator may issue a cease and desist order directing the owner or operator of the private property, or any other person responsible for a violation of this division, to:
1. 
Immediately discontinue any illicit connection or illicit discharge to the storm drain system;
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 division;
3. 
Immediately discontinue any other violation of this division;
4. 
Immediately discontinue any discharge-causing or pollutant-causing sources or activities resulting in persistent and unabated discharge;
5. 
Clean up the area affected by the violation as a condition of removal of the order.
Within five days of the Town's and discharger's agreement that clean-up activities cannot be completed within the timeframes required by the Phase II Stormwater Permit (including abatement deadlines as required by Section E.6.a.ii.h.1 and 2), notify the Regional Water Board in writing that the applicable timeframe requires revision.
E. 
Recovery of Town's Costs; Invoice of Costs. If a notice of violation, administrative compliance order, cease and desist order, or any other enforcement option is utilized to obtain compliance with this division, then the person found to be violating this division shall be responsible for paying all actual costs and expenses incurred by the Town for Town administrative overhead, Town salaries, attorney fees, expert fees, testing and monitoring expenses, and other expenses incurred as a result of, or during, any inspection, investigation, monitoring or administrative enforcement action conducted pursuant to this chapter. The Administrator may deliver an invoice for costs to the owner, occupant or operator of private property, any permittee or any responsible party, or any other person who becomes subject to a notice of violation, administrative compliance order, or cease and desist order. An invoice for costs shall be immediately due and payable to the Town, and if not paid within 30 days, shall earn interest at the rate of one and one-half percent per month until fully paid. If any owner, occupant, operator, permittee or responsible party, or any other person fails to either pay the invoice for costs or have the amount of the invoice for costs reduced on appeal to the Town Council in accordance with this chapter, then the Town may institute collection proceedings.
F. 
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:
1. 
Include the address of the affected property and be mailed to the owner's address, as that address is shown on the most recently issued equalized assessment roll released to the Town for the affected property and mailed or faxed to the occupant, if any, at the address of the affected property; or
2. 
If the address for the owner, occupant or operator of any private property cannot be located after the reasonable efforts of the Administrator, a notice of violation, administrative compliance order, or cease and desist order shall be deemed delivered after posting on the property at least 10 days prior to the date any order is to be complied with.
G. 
Judicial Abatement. In the event the owner of the property, the operator of a facility, a permittee, a responsible party or any other person in possession or with authority to act fails to comply with any provision of a compliance schedule of any notice of violation, administrative compliance order, or cease and desist order issued pursuant to this chapter, the Administrator may request the Town to obtain appropriate judicial authorization to enter the property, abate the condition and restore the area to its pre-violation condition. Any costs incurred by the Town in obtaining and carrying out the judicial authorization may be recorded as lien against the affected property and recovered by the Town in a foreclosure action on that lien, or in any collection procedure authorized by law.
(Ord. 318-01; Ord. 15-434)
Any property owner subject to, or any person aggrieved by the issuance of a notice of violation, administrative compliance order, or cease and desist order issued pursuant to this chapter, may appeal to the Town Council as provided in Chapter 8.05 and Section 1.30.010 of this municipal code. During the Town Council's consideration of such an appeal, any requested abatement actions shall be complied with, and the order is not stayed by reason of such an appeal.
(Ord. 318-01; Ord. 15-434)
Any condition in violation of the prohibitions of this division shall constitute a threat to the public health, safety and welfare, and is declared and deemed a public nuisance pursuant per se.
(Ord. 318-01; Ord. 15-434)
A. 
Infractions. Any person believed to be in violation of any provision of this division may be charged or cited with an infraction as set forth in Section 1.20.010 of this municipal code.
B. 
Misdemeanor. Any person who negligently or knowingly violates any provision of this division, undertakes to conceal any violation of this division, continues any violation of this division beyond the date set for compliance after delivery of notice thereof; or has previously violated the same provision of this division, or repeatedly violated the terms, conditions and requirements of any approved BMPs manual, stormwater pollution prevention plan, stormwater pollution control plan, stormwater quality master plan or discharge permit, may be charged with criminal misdemeanor for such violation.
C. 
Separate Offenses. Each pollution source found to be in violation of this division is a separate offense and separate violation. Each day a violation continues unabated as ordered by the Administrator is a separate offense and separate violation.
(Ord. 318-01; Ord. 15-434)
Any person acting in violation of this division also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the Town is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The Town may notify EPA Region IX, the Regional Board, or any other appropriate State or local agency, of any alleged violation of this division.
(Ord. 318-01; Ord. 15-434)
A. 
The Administrator may request that the Town file a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this division. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the Town of all costs incurred in enforcing this division, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the Town, costs relating to restoration of the environment, attorney fees, court costs, and all other expenses as authorized by law.
B. 
The Administrator may request the Town to file an action for civil damages in a court of competent jurisdiction seeking recovery of:
1. 
A temporary or permanent injunction;
2. 
All costs incurred in enforcement of this division, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, attorney fees and court costs, and all other expenses as authorized by law, and consequential damages;
3. 
All costs of restoration of the premises from its condition resulting from violations back to its original condition, or incurred in mitigating harm to the environment, or reducing the threat to human health;
4. 
Damages for irreparable harm to the environment;
5. 
Damages resulting from any trespass or nuisance occurring on public land or to the storm drain system from any violation of this division.
C. 
The remedies available to the Town pursuant to the provisions of this division shall not limit the right of the Town to seek any other remedy that may be available by law.
(Ord. 318-01; Ord. 15-434)