The primary responsibility for enforcement of the provisions of this title shall be vested with the director. The director may designate as his or her agent any employee of the city or district. Field inspectors or other employees of the city or district so designated shall be authorized to act as agents of the city for and on behalf of the director and shall possess the power to inspect and issue notices of violations of this title. Notwithstanding the foregoing, responsibility for enforcement of all aspects of pretreatment shall be vested with the district.
(Prior code § 2-15.60.01; Ord. 1082 § 2, 1983; Ord. 1175 § 1(c), 1985)
In the event the director finds that a discharge of wastewater has taken place or is likely to take place in violation of this chapter or the provisions of an applicable wastewater discharge permit, the director may issue an order to cease and desist such discharge or practice or operation likely to cause future discharges. The cease and desist order may provide for either immediate or delayed compliance.
A. 
Immediate Remedial or Preventative Action. The director may direct that any person failing to comply with any of the prohibitions, limits, requirements or provisions of this title comply forthwith and take appropriate remedial or preventative action.
B. 
Submission of Time Schedule for Compliance. The director may require the user to submit for approval, with such modifications as the director deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of this chapter, and the user shall comply in accordance with the time schedule so set forth.
(Prior code § 2-15.60.02; Ord. 1082 § 2, 1983)
Pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property, the director is authorized to correct, eliminate or abate any condition upon any premises which has caused, causes, or threatens to cause a violation of any provision of this title, any applicable permit, or any other requirement of law. In the event emergency repairs, construction or other public work are performed on any premises pursuant to this section, the user responsible for the occurrence or condition giving rise to such work, the occupant of the premises and the owner of the premises shall be liable, jointly and severally, to the city for such expenses.
(Prior code § 2-15.60.03; Ord. 1082 § 2, 1983)
When a user's discharge of wastes causes an obstruction, damage or any other impairment to the sewerage system, the city may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's ordinary charges and fees.
(Prior code § 2-15.60.04; Ord. 1082 § 2, 1983)
The city may revoke the wastewater discharge permit of any user violating any one of the following conditions, any provisions of this title or applicable state or federal regulations:
A. 
Failure of the user to factually report the wastewater constituents and characteristics of the user's discharge;
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
D. 
Violation of any conditions of an applicable permit;
E. 
Failure to pay any fees and charges imposed by this title;
F. 
Falsification of any information or tampering with any monitoring facility.
(Prior code § 2-15.60.05; Ord. 1082 § 2, 1983)
The city may terminate or cause to be terminated water services and/or sewerage services to any premises upon a showing that: (1) any provision of this title, any applicable permit, or any other regulation has been violated or threatens to be violated; or (2) user fees have not been paid.
A. 
Use of Capacity in Excess of Allocation. For purposes of termination of service, a user's use of capacity in excess of the user's allocation of capacity shall exist if the volume of the user's wastewater exceeds the aggregate volume of permitted discharge for a period of time equal to two billing periods for water service to the premises or four months if there is no water service to such premises.
B. 
Disconnection of Service. In the event of a violation culminating in the termination of sewerage service pursuant to this section, the director is authorized, and it shall be the director's duty, to disconnect the water services to the premises so designated for termination. In the event there is no city water service provided to the premises, or if such disconnection would not preclude discharges to the sewerage system, the director is authorized to disconnect all sewer connections to the city sewers.
C. 
Procedure for Termination of Service. Prior to termination of service, the user shall be provided with 17 days' notice of the city's intention to terminate service to the user, except in the case of emergencies, in which cases no prior notice shall be necessary so long as the user is promptly given a hearing after such service is terminated, as otherwise provided in this chapter. The user may request a hearing prior to termination. Such hearing shall be scheduled in front of the director and a representative of the city manager's office on a date not more than 30 days nor less than 15 days after the mailing of said notice to the user in order to present the user with an opportunity to explain the user's failure to comply with the terms of this title. Absent a showing of good cause by the user, the city may terminate service.
D. 
Reconnection—Fee. When water service has been disconnected, as provided by this chapter, the director shall require the person requesting reestablishment of the service to pay a fee of $25.00 before granting permission to reconnect to the water system. In the event sewerage service has been disconnected, the person requesting reestablishment shall pay all expenses incurred by the city related to such disconnection and for reestablishing such connection. Before water or sewerage services are reestablished, the person making said application shall take all steps required by the director to assure correction of any violation.
(Prior code § 2-15.60.06; Ord. 1082 § 2, 1983)
It is unlawful for any user to knowingly make or submit any false statement, representation, record, report, plan or other document or knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this title or of any permit issued under this title. Any such falsification or tampering shall be grounds for revocation of any permit issued in addition to any punishment or remedy provided by this chapter or other applicable law.
(Prior code § 2-15.60.07; Ord. 1082 § 2, 1983)
An action may be brought in the name of the city in any court of competent jurisdiction against the person who occupied the property when the service was rendered or the deposit became due, or against any person guaranteeing payment of bills at the time the service becomes delinquent for the collection of any delinquent charges and all penalties thereon provided for in this chapter. For situations involving significant delinquent charges which have been unpaid for a long period of time involving accounts where sewer service was requested by the property owner, the director may impose a lien on the property for the delinquent charges plus penalties as provided in California Government Code Section 43008.
(Prior code § 2-15.60.08; Ord. 1082 § 2, 1983; Ord. 2093 § 1, 2014)
Any discharge of waste or other condition or act in violation of any of the provisions of this title or any permit issued pursuant to this title or other directive of the director authorized by the provisions of this chapter is declared to be a public nuisance. Such nuisance may be abated, removed or enjoined and damages assessed therefor, in any manner provided by law.
(Prior code § 2-15.60.09; Ord. 1082 § 2, 1983)
Any person who intentionally or negligently violates, or causes the violation of, any provision of this title or of any permit issued pursuant to this title, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who violates any cease and desist order issued pursuant to this chapter, or other effluent limitation, national standard of performance or national pretreatment or toxicity standard, shall be civilly liable to the city in a sum not to exceed $6,000.00 for each day in which such violation occurs. The city is authorized to enforce the provisions hereof in any court of competent jurisdiction.
(Prior code § 2-15.60.10; Ord. 1082 § 2, 1983)
Any person violating any provision of this title, knowingly making any false statement, representation, record or report required under this title or knowingly tampering with and/or rendering inaccurate any meter reading or violating the terms of any permit issued pursuant to this title shall be guilty of a misdemeanor and conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed $500.00, or by both such imprisonment and fine. Each day such violation continues shall constitute a separate offense.
(Prior code § 2-15.60.11; Ord. 1082 § 2, 1983)
The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city.
(Prior code § 2-15.60.12; Ord. 1082 § 2, 1983)
A. 
Any user, permit holder, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the director made or authorized pursuant to the provisions of this chapter, or relating to any permit issued, or interpreting or implementing the same, may file a written request with the director for reconsideration thereof within 10 days of such a decision, action, finding, determination or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director shall render a final decision within 10 days of receipt of such request for reconsideration. There shall be no right to appeal such final decision to the director a second time.
B. 
Any user, permit holder, applicant or other person aggrieved by the final determination of the director may appeal such determination to the city council within 10 days after notification of the final determination of the director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the city council within 30 days from the date of filing a notice of appeal. The appellant, the director and the city council shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the city council may affirm, reverse or modify the final determination of the director as the city council deems just and equitable and in furtherance of the provisions, purposes and intent of this title. During the pendency of such appeal, the final determination of the director shall remain in full force and effect. The city council's determination on the appeal shall be final.
(Prior code § 2-15.60.13; Ord. 1082 § 2, 1983)