For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section:
"Authorized inspector or director"
means the director of public works of the city of Buena Park and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.
"City"
means the city of Buena Park, Orange County, California or the county of Orange or the Orange County flood control district acting on behalf of the city, as the case may be.
"Copermittee"
means the county of Orange, the Orange County flood control district, and/or any one of the thirty-one municipalities, including the city of Buena Park, which are responsible for compliance with the terms of the NPDES permit.
"DAMP"
means the Orange County drainage area management plan, as the same may be amended from time to time hereafter.
"Development project guidance"
means DAMP Chapter VII and the appendix thereto, entitled "Best Management Practices for New Development Including Non-Residential Construction Projects," as the same may be amended from time to time hereafter.
"Discharge"
means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semisolid or solid substance.
"Discharge exception"
means the group of activities not restricted or prohibited by this chapter, and those activities exempted under Section III.3 of the NPDES permit or a subsequent NPDES permit, including only:
Discharges composed entirely of stormwater; discharges covered by and permitted under current EPA or regional water quality control board issued NPDES permits, state general permits, or other waivers, permits or approvals granted by an appropriate government agency; discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; discharges to the stormwater drainage system from potable water line flushing, fire fighting activities, including fire hydrant testing and flushing, landscape irrigation systems and other irrigation waters, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the city; discharges allowable under the domestic sewage exception; and discharges for which the discharger has reduced the amount of pollutants to the extent authorized under federal or state laws or regulations.
In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
"Enforcing attorney"
means the city attorney, city prosecutor or district attorney acting as counsel to the city of Buena Park and his/her designee, which counsel is authorized to take enforcement action as described in this chapter.
"EPA"
means the Environmental Protection Agency of the United States.
"Hearing officer"
means the director or his or her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised in this chapter.
"Illicit connection"
means any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term "illicit connection" shall not include connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made and otherwise authorized under applicable state and federal law.
"Invoice for costs"
means the actual costs and expenses of the city, including but not limited to administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to Section 13.32.040 of this chapter or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 13.32.050 of this chapter is utilized to obtain compliance with this chapter.
"New development"
means all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval or grading permit is required, or which the director or his or her designee determines may have a potential significant effect on stormwater quality.
"NPDES permit"
means the "Waste Discharge Requirements for Storm Water and Urban Runoff in the County of Orange, the Orange County Flood Control District, and the Incorporated Cities of Orange County Within the Santa Ana Region" (California Regional Water Quality Control Board—Santa Ana Region Order No. 96-31), which serves as an NPDES permit under the Federal Clean Water Act (NPDES No. CAS618030), or any succeeding permit, and any other currently applicable municipal discharge permit(s) issued by the Regional Water Quality Control Board, Santa Ana Region (and/or the Regional Water Quality Control Board, San Diego Region, as appropriate), which permit(s) establishes waste discharge requirements applicable to stormwater runoff in the city.
"Person"
means any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
"Pollutant"
means any pollutant, as defined in 33 U.S.C. Section 1362(a) (as amended) and California Water Code Section 13373 (as amended), including any liquid, solid or semisolid substances, or combination thereof, including and not limited to:
1. 
Artificial materials (such as floatable plastics, wood products or metal shavings);
2. 
Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. 
Metals and nonmetals, including compounds of metals and nonmetals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
4. 
Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. 
Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields);
6. 
Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
7. 
Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);
8. 
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. 
Materials which contain base/neutral or acid extractible organic compounds;
10. 
Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
"Prohibited discharge"
means any discharge which contains any pollutant, from public or private property to (1) the stormwater drainage system; (2) any upstream flow, which is tributary to the stormwater drainage system; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or (4) any coastal harbor, bay or the Pacific Ocean. The term "prohibited discharge" shall not include discharges allowable under the discharge exception.
"Significant redevelopment"
means the rehabilitation or reconstruction of public or private residential (whether single-family, multiunit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval or grading permit is required, or which the director or his or her designee determines may have a potential significant effect on stormwater quality.
"State general permit"
means either the State General Industrial Storm Water Permit or the State General Construction Permit as the same may be amended from time to time, and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term "state general permit" shall also refer to any EPA administered stormwater control program for industrial and construction activities.
"Stormwater drainage system"
means any street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained or controlled by the city, the county of Orange, the Orange County flood control district or any copermittee under the NPDES permit, and used for the purpose of collecting, storing, transporting or disposing of stormwater.
(Ord. 1355 § 1, 1997)
A. 
No person shall:
1. 
Construct, maintain, operate, continue and/or utilize any illicit connection;
2. 
Establish, continue, cause, allow or maintain any prohibited discharge;
3. 
Act, cause, permit or suffer any agent, employee or independent contractor to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge;
4. 
Establish, continue, cause, allow or maintain any discharge that would result in or contribute to a violation of the NPDES permit or any state general permit, or any other NPDES permit issued by the State Water Resources Control Board, any regional water quality control board, or the U.S. Environmental Protection Agency, either separately or in combination with other discharges.
B. 
The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter.
C. 
A civil or administrative violation of Section 13.32.020A 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.
D. 
If an authorized inspector reasonably determines that a discharge, which is otherwise within the discharge exception, may adversely affect the beneficial uses of receiving waters, then the authorized inspector may give written notice to the owner of the property or facility that the discharge exception shall not apply to the subject discharge following expiration of the thirty-day period commencing upon delivery of the notice. Upon expiration of the thirty-day period any such discharge shall constitute a violation of Section 13.32.020A.
E. 
Liability for any illicit connection or prohibited discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge.
(Ord. 1355 § 1, 1997)
A. 
It is unlawful for the driver, registered owner, or person in control of a motor vehicle or equipment to place, park or maintain such motor vehicle or equipment upon any road, street, public highway, public right-of-way, or public property if such vehicle or equipment leaks, discharges or otherwise releases any pollutant, including but not limited to, motor oil, transmission oil, power steering oil, hydraulic oil, lubricants, other fluids from motor vehicles, animal wastes, or paint onto the road, street, public highway, other public right-of-way or public property. It is unlawful for any person to discharge or otherwise cause the release of any such pollutant on any road, street, public highway, public right-of-way, or public property.
B. 
The director of public works has the right, but not the obligation, to clean any discharge or release of any pollutant upon a road, street, public highway, public right-of-way, or public property in violation of subsection A of this section and to repair or replace that portion of the road, street, public highway, public right-of-way or public property affected by the discharge or release of the pollutant in violation of subsection A of this section. Following cleaning, repair or replacement, the director shall prepare an invoice of the costs incurred by the city in effecting such cleaning, repair or replacement. The director shall submit such statement to the person responsible, his or her employer, employee or agent. Such person, his or her employer, employee or agent shall pay the invoice within fifteen days of the date of the invoice.
C. 
The city may bring an action against such person, his or her employer, employee or agent to recover the costs incurred by the city and for the costs of suit.
D. 
The city may bring an action to enjoin any continued violation of subsection A of this section.
(Ord. 1490 § 1, 2006)
A. 
New Development and Significant Redevelopment.
1. 
All new development and significant redevelopment within the city shall be undertaken in accordance with:
a. 
The DAMP, including but not limited to the development project guidance; and
b. 
Any conditions and requirements established by the planning department, engineering department or building department, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.
2. 
Prior to the issuance by the city of a grading permit or any permit for any new development or significant redevelopment, the planning department, engineering department or building department shall review the project plans and impose terms, conditions and requirements on the project in accordance with Section 13.32.030(A)(1). If the new development or significant redevelopment will be approved without application for a grading permit, the director shall review the project plans and impose terms, conditions and requirements on the project in accordance with Section 13.32.030(A)(1) prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map. No grading permit for construction activities which will disturb five acres or more (or less than five acres, if it is part of a larger common plan of development or sale which is five acres or more) until proof of coverage with the state general permit regarding construction activity is verified. The proof of coverage may include a confirming letter from the regional water quality control board, a copy of the applicant's notice of intent, or other similar confirming documentation.
3. 
Notwithstanding Section 13.32.030(A)(1) and (A)(2), compliance with the development project guidance shall not be required for construction or modification of one single-family detached residence unless the director determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.
4. 
Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.
5. 
If the director determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance.
6. 
The owner of a new development or significant 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 Section 13.32.030(A)(1) on a new development or significant redevelopment project.
7. 
Each 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 Section 13.32.030(A)(1) on a new development or significant redevelopment project shall constitute a violation of this chapter.
8. 
The director may require that the terms, conditions and requirements imposed pursuant to Section 13.32.030(A)(1) be recorded with the county recorder's office by the property owner. 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.
B. 
Cost Recovery. The city shall be reimbursed by the project applicant for all costs and expenses incurred by the city in the review of new development or significant development projects for compliance with the DAMP. The director may require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, with the balance, if any, refunded to the project applicant
C. 
Waste Material Control.
1. 
Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same.
2. 
A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.
(Ord. 1355 § 1, 1997)
A. 
Scope of Inspections.
1. 
Right to Inspect. Prior to commencing any inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner, his/her authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.
2. 
Entry to Inspect. The authorized inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the city.
3. 
Compliance Assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (e) locating any illicit connection or the source of prohibited discharge; (f) evaluating compliance with any permit issued relating to a discharge to the stormwater drainage system.
4. 
Portable Equipment. For purposes of verifying compliance with this chapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
5. 
Records Review. The authorized inspector may inspect all records of the owner or occupant of 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, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.
6. 
Sample and Test. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
7. 
Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.
8. 
Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector.
(Ord. 1355 § 1, 1997)
A. 
Administrative Remedies.
1. 
Notice of Noncompliance. The authorized inspector 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 noncompliance. The notice of noncompliance shall be delivered in accordance with Section 13.32.050(A)(5).
a. 
The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
b. 
The notice of noncompliance 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 ninety days unless the authorized inspector extends the compliance deadline an additional ninety days where good cause exists for the extension.
2. 
Administrative Compliance Orders.
a. 
The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with Section 13.32.050(A)(5). The administrative compliance order may be issued to:
i. 
The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;
ii. 
The owner of property subject to terms, conditions or requirements imposed on a project in accordance with Section 13.32.050(A)(1) to ensure adherence to those terms, conditions and requirements;
iii. 
Any person responsible for an illicit connection or prohibited discharge.
b. 
The administrative compliance order may include the following terms and requirements:
i. 
Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
ii. 
Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
iii. 
Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
iv. 
Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state of California or regional agency; and
v. 
Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit or the requirements of this chapter.
3. 
Cease and Desist Orders.
a. 
The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with Section 13.32.050(A)(5). A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to:
i. 
Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
ii. 
Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. 
Immediately discontinue any other violation of this chapter;
iv. 
Clean up the area affected by the violation.
b. 
The authorized inspector may direct by cease and desist order that the owner of any property, or his or her successor in interest, which property is subject to any conditions or requirements issued pursuant to Section 13.32.030A:
i. 
Immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable permit.
4. 
Recovery of Costs. The authorized inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance or administrative order, an invoice for costs. An invoice for costs shall be delivered in accordance with Section 13.323.050(A)(5). 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.
a. 
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 appeal successfully the invoice for costs in accordance with Section 13.32.050(A)(6), then the enforcing attorney may institute collection proceedings.
5. 
Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice for costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:
a. 
The notice shall state that the recipient has a right to appeal the matter as set forth in Section 13.32.050(A)(6) through (A)(10) hereof.
b. 
Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the United States Mail, postage pre-paid for first class delivery; or (iii) facsimile service with confirmation of receipt.
c. 
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 or as otherwise appears in the current records of the city.
d. 
Where the owner or occupant of any property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of ten business days.
6. 
Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in Section 13.32.050(A)(8), below, any person receiving a notice of noncompliance, administrative compliance order, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
7. 
Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, an invoice for costs or an adverse determination shall, within thirty days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk, with a copy of the request for administrative hearing mailed on the date of filing to the director. Thereafter, a hearing on the matter shall be held before the hearing officer within forty-five business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
8. 
Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action.
9. 
Hearing Proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. Except as set forth in Section 13.32.010 of this chapter (definition of discharge exception), the city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
10. 
Final Decision and Appeal. The final decision of the hearing officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure Section 1094.5 and Section 1094.6 and shall be commenced within ninety days following issuance of the final decision.
Notwithstanding this subsection (A)(10) of this section, the final decision of the hearing officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
11. 
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 authorized inspector may request the enforcing 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 Section 13.32.050(B)(4).
B. 
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 California Government Code Section 38771. The violation of any of the provisions of this chapter adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.
1. 
Court Order to Enjoin or Abatement. At the request of the director, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
2. 
Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the director 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.
3. 
Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the director of public works or the authorized inspector 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.
a. 
An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
b. 
Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to Section 13.32.050(A)(8) shall follow the abatement action.
4. 
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.
5. 
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 California Government Code Section 38773.1 and Section 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 California Government Code Section 38773.1.
a. 
At the direction of the director, the enforcing 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 California Government Code Section 38773.5.
C. 
Criminal Sanctions.
1. 
Prosecutor. The enforcing attorney may act on the request of the director or the authorized inspector to pursue enforcement actions in accordance with the provisions of this chapter.
2. 
Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable by a fine of not more than one hundred dollars for a first violation, two hundred dollars for a second violation, and a fine not exceeding five hundred dollars for each additional violation occurring within one year.
3. 
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 one thousand dollars or by imprisonment for a period of not more than six months, or both. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
D. 
Consecutive Violations. 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.
E. 
Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.
F. 
Citations.
1. 
Pursuant to Penal Code Section 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney.
2. 
Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least ten business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.
G. 
Violations of Other Laws. Any person acting in violation of this chapter 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 enforcing attorney 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 enforcing attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
H. 
Injunctions.
1. 
Injunction. At the request of the director or the authorized inspector, the enforcing 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.
2. 
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's costs relating to restoration of the environment and all other expenses as authorized by law.
I. 
Other Civil Remedies.
1. 
The director or the authorized inspector may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (a) 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; (b) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (c) damages for irreparable harm to the environment.
2. 
The enforcing attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system.
3. 
The remedies available to the city pursuant to the provisions of this chapter shall not limit the right of the city to seek any other remedy that may be available by law.
(Ord. 1355 § 1, 1997)
A. 
Each industrial discharger, each discharger associated with construction activity, or other discharger described in any state general permit board, or any regional water quality board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or any regional water quality control board shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the director, or his/her designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city.
B. 
Permit Suspension, Revocation or Modification.
1. 
The director may suspend or revoke any permit issued by the city after the date this chapter becomes effective when it is determined that:
a. 
The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or
b. 
The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to exempt the discharge from the prohibitions on prohibited discharge contained within this chapter; or
c. 
The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or
d. 
Any regulatory agency, including EPA or a regional water quality control board having jurisdiction over the discharge, notifies the city that the discharge should be terminated.
C. 
The director may modify any permit when it is determined that:
1. 
Federal or state law requirements have changed in a manner that necessitates a change in the permit; or
2. 
The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or
3. 
A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters.
The permittee shall be informed of any change in the permit terms and conditions at least forty-five business days prior to the effective date of the modified permit.
D. 
The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. The permittee may request a temporary variance to continue to discharge pending issuance of the final administrative decision by the hearing officer.
(Ord. 1355 § 1, 1997)
A. 
Any violation of the terms, conditions and requirements relating to the control of discharges to the stormwater drainage system of any permit issued by the city shall constitute a violation of this chapter and subject the violator to the administrative, civil and criminal remedies available under this chapter.
B. 
Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies.
(Ord. 1355 § 1, 1997)
A. 
Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality.
B. 
Any person acting in violation of this chapter 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 enforcing attorney 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 enforcing attorney may notify U.S. Environmental Protection Agency—Region IX, the Santa Ana or San Diego regional water quality control boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
(Ord. 1355 § 1, 1997)
A. 
The city intends to cooperate with other agencies having jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act (33 USC § 1251, et seq.) are met.
B. 
The city may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter.
(Ord. 1355 § 1, 1997)