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 addressed pursuant to the city's enforcement response plan and/or may be charged as either an infraction or a misdemeanor in the discretion of the city attorney.
(Ord. 4822 § 1, 2010; Ord. 5787 § 37, 2017)
Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the 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. 4822 § 1, 2010; Ord. 5787 § 38, 2017)
A. 
Cease and Desist Orders. Whenever the director, city engineer or enforcement officer determines that a person has violated a prohibition or failed to meet a requirement of this chapter, the city shall require:
1. 
The discharger to effectively abate and clean up the discharge, spill, or pollutant release within 72 hours of notification, with high risk spills being ordered to be cleaned up as soon as possible;
2. 
Uncontrolled sources of pollutants that could pose an environmental threat to be abated within 30 days of notification;
3. 
Activities discharging pollutants to cease until such discharges are adequately addressed; and/or
4. 
If clean-up activities cannot be completed within the time frames listed above, the discharger shall notify the Regional Board in writing within five business days of the determination that the time frame requires revision.
Nothing in this section shall be in conflict with the State Water Resources Control Board's notification requirements associated with the construction stormwater NPDES permit or the industrial stormwater NPDES permit.
B. 
Other Enforcement Authority. An administrative citation pursuant to Chapter 2.50, or a written compliance order pursuant to Chapter 2.52 may be issued to any person responsible for the violation. Any compliance order issued may require without limitation any or all of the following:
1. 
The performance of monitoring, analyses, and reporting;
2. 
The elimination of illicit connections or illegal discharges;
3. 
The cessation of violating discharges, practices, or operations;
4. 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. 
The implementation, maintenance, and documentation of source control, treatment, or operational best management practices;
6. 
Compliance with a post-construction stormwater BMP maintenance plan, stormwater pollution prevention plan (SWPPP) or other city-reviewed action plan; and
7. 
The maintenance, repair or replacement of stormwater control measures.
Any compliance order shall set forth a deadline within which the requirements of the compliance order must be completed. Said compliance order shall further advise that, should the violator fail to comply with the compliance order within the established deadline, a hearing on the compliance order shall be set.
(Ord. 4822 § 1, 2010; Ord. 5787 § 39, 2017)
If full compliance is not achieved within the time specified in the compliance order, a hearing on the compliance order shall be set pursuant to Chapter 2.52. All penalties and remedies authorized by Chapter 2.52 shall apply to violations of this chapter.
(Ord. 4822 § 1, 2010)
Notwithstanding the provisions of Section 14.20.440, any person receiving a cease and desist order, administrative citation, or compliance order under Section 14.20.430 may appeal that determination of the director, city engineer or enforcement officer to a hearing panel drawn from the membership of the city's board of appeals. Filing of the appeal does not suspend the need to comply with the terms of the citation or order if compliance is ordered to be accomplished in less than 15 days. The notice of appeal must be received by the city within 10 days from the date of the citation or order. Notice of hearing and hearing on the appeal will be conducted pursuant to the requirements of Chapter 2.52.
(Ord. 4822 § 1, 2010; Ord. 5787 § 40, 2017)
A. 
If correction of the violation has not occurred within the time period specified by the hearing panel after a hearing conducted pursuant to Section 14.20.440 or 14.20.450, the continuing violation shall be deemed a public nuisance and the city or a contracting agent hired by the city is authorized to enter upon the private property on which the violation exists for the purpose of abating the violation. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its contracting agents to enter upon the premises for the purpose of abating the violation.
B. 
The cost of any such abatement by city authorized herein shall be borne by the property owner, which cost shall include administrative costs as well as the actual cost of abatement. The cost of abatement, including administrative costs, may be enforced as a personal obligation against the property owner, and shall be invoiced to the property owner. If the invoice is not paid within 60 days, the city shall have the authority to place a lien upon and against the property. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 4822 § 1, 2010; Ord. 5787 § 41, 2017)
If the city prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the city shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable expenses may include, but are not limited to, costs of investigations and inspections, staffing costs, administrative overhead, out-of-pocket expenses, costs of administrative hearings, and costs of suit. If any such costs are awarded or granted to the city, said costs shall be recoverable pursuant to Section 14.20.460(B).
(Ord. 4822 § 1, 2010; Ord. 5787 § 42, 2017)
Whenever any work is being done contrary to the provisions of this chapter, the city engineer 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 to proceed with the work by the city engineer or enforcement officer.
(Ord. 4822 § 1, 2010; Ord. 5787 § 43, 2017)
The director or city engineer 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 any NPDES permit. If any such violation is not abated immediately as directed by the director or city engineer, the city or the city's designated agent is authorized to enter onto private property and to take any and all measures required to abate the violation. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its contracting agents to enter upon the premises for the purpose of abating the violation. The cost of any such abatement by city authorized herein shall be borne by the property owner and/or responsible party, which cost shall include administrative costs as well as the actual cost of abatement. These costs may be enforced as a personal obligation against the property owner, and shall be invoiced to the landowner and/or responsible party. If the invoice is not paid within 60 days, the city shall have the authority to place a lien upon and against the property. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 4822 § 1, 2010; Ord. 5787 § 44, 2017)
The city 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, the discharge may constitute an immediate threat to the public health, safety or well-being, or to the environment, or may cause or contribute to a violation of any NPDES permit. The cost of any such abatement by the city, as authorized herein, shall be borne by the property owner and/or responsible party, which cost shall include administrative costs as well as the actual cost of abatement. These costs may be enforced as a personal obligation against the property owner, and shall be invoiced to the landowner and/or responsible party. If the invoice is not paid within 60 days, the city shall have the authority to place a lien upon and against the property. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 4822 § 1, 2010; Ord. 5787 § 45, 2017)
In lieu of or in addition to enforcement proceedings, penalties, and remedies authorized by this chapter and Chapters 2.50 and 2.52, the director or city engineer may impose upon a violator one or more alternative compensatory actions including, but not limited to, storm drain stenciling, attendance at compliance workshops, creek cleanup activities, and staff training sessions. Any alternative compensatory actions shall be imposed on the violator in writing by the director or city engineer. Failure to comply with the terms of the compensatory actions may result in the enforcement proceedings, penalties, and remedies authorized by this chapter and Chapters 2.50 and 2.52.
(Ord. 4822 § 1, 2010; Ord. 5787 § 46, 2017)
Any person that violates any provision of this chapter shall be guilty of a separate offense for each violation and for every day during any portion of which any such person commits, continues, permits, or causes a violation(s) thereof, and shall be punished accordingly.
(Ord. 4822 § 1, 2010; Ord. 5787 § 47, 2017)
In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's expense, and/or through a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance brought by the city.
(Ord. 4822 § 1, 2010; Ord. 5787 § 48, 2017)
Remedies under this chapter are in addition to and do not supersede or limit any and all other available civil or criminal remedies. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 4822 § 1, 2010; Ord. 5787 § 49, 2017)
Any decision of the hearing panel shall be final. Any person aggrieved by an order of the hearing panel may obtain review of the order in the superior court by filing with the court a petition for writ of mandate within 90 days pursuant to California Code of Civil Procedure Section 1094.6.
(Ord. 4822 § 1, 2010)
Within 60 calendar days after the city's abatement of the violation, the director, or designee, will notify the owner of the property of the cost of abatement. The property owner and/or responsible party may file a written protest objecting to the amount of the abatement assessment within 10 calendar days after the city's issuance of the notice. The director, as applicable, shall conduct a hearing on the appeal within 30 calendar days from the date of receipt of the notice of the appeal. Appellant may appear at the hearing in person or may submit a written statement signed under penalty of perjury in lieu of a hearing. Following the hearing, the director shall make written findings of fact as to whether the abatement was proper. The director's decision shall be final.
(Ord. 5787 § 50, 2017)