In addition to the penalties established by this chapter, any
threat to public health, safety or welfare shall be declared and deemed
a public nuisance. Any condition caused or permitted to exist in violation
of any of the provisions of this chapter is determined to be a threat
to the public health, safety and welfare, is declared and deemed a
public nuisance. Such public nuisance may be summarily abated and/or
remedied by the city engineer, and/or civil action to abate, enjoin
or otherwise compel the cessation of such nuisance may be taken by
the city attorney.
A. The
cost of such abatement, remediation and/or restoration shall be borne
by the owner, lessee or tenant of the property causing the violation.
The cost thereof shall be a lien upon and against the property and
such lien shall continue in existence until the same shall be paid.
The cost of such abatement and restoration shall be borne by the owner
of the property and the cost thereof shall be billed to the owner
of the property, as provided by law or ordinance for the recovery
of nuisance abatement costs.
B. The
city engineer may assess the violator for the costs of any investigation,
inspection or monitoring survey which led to the establishment of
the violation, and for the reasonable costs of preparing and bringing
legal action under this subsection.
C. The
city engineer may assess the violator for costs incurred in removing,
correcting or terminating the adverse effects resulting from violation.
D. The
city engineer may assess the violator for compensatory damages for
loss or destruction to water quality, wildlife, fish and aquatic life.
E. If
any violation of this chapter constitutes a seasonal and recurrent
nuisance, the city engineer shall so declare. The failure of any person
to take appropriate annual precautions to prevent stormwater pollution
after written notice of a determination under this subsection shall
constitute a public nuisance and a violation of this chapter.
F. Causing,
permitting, aiding, abetting or concealing a violation of any provision
of this chapter shall constitute a violation of such provision.
(Code 1980, § 19.20.350; Ord. No. 740, § 1, 2005)
A. The
city attorney may commence an action for appropriate legal, equitable
or injunctive relief in the municipal or superior court of the county
against any person who has violated or continues to violate any provision
of this chapter, the basin plan, federal or state discharge standards
or permit conditions, or who violates the requirements of any administrative
order.
B. In
addition to the penalties provided in this chapter, the city engineer
may recover all reasonable attorney fees, court costs, court reporter's
fees, expenses of litigation by appropriate suit of law against the
person(s) found to have violated any provision of this chapter or
the orders, rules, regulations and permits issued thereunder and other
expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by the city.
C. To
the extent the city makes a provision of this chapter or any identified
BMP a condition of approval to the issuance of a permit or license,
any person in violation of such condition is subject to the permit
revocation procedures set forth in this code.
D. Remedies
under this section are in addition to and do not supersede or limit
any and all other available remedies, civil or criminal. The remedies
provided for in this chapter shall be cumulative and not exclusive.
(Code 1980, § 19.20.360; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Persons
who continue to violate any provision of this chapter shall be liable
to the city for a maximum civil penalty of $25,000.00 but not less
than $3,000.00 per violation per day. In the case of a monthly or
other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
B. In
determining the amount of civil liability, the court shall take into
account all relevant circumstances, including, but not limited to,
the extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the discharger's
violation, corrective actions by the discharger, the compliance history
of the discharger, and any factor as justice requires.
C. Filing
a suit for civil penalties shall not be a bar against, or a prerequisite
for taking any other action against a discharger. The city may institute
further legal action to collect such penalties in the event that the
violator of this chapter fails or refuses to pay said penalty within
30 days from the date that it has been assessed.
(Code 1980, § 19.20.370; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)
A. Any
person who willfully or negligently violates any provision of this
chapter or permit conditions, or who violates any administrative order
or any other provision of this chapter, is guilty of a misdemeanor,
which, upon conviction, is punishable by a fine of not less than $3,000.00
and/or by imprisonment for a period of not more than six months. Each
such person shall be deemed guilty of a separate offense for every
day during any portion of which any violation of any provisions of
this chapter is committed, continued or permitted by such discharger,
and shall be punishable therefor as provided by this section.
B. Any
person who knowingly makes any false statements, representations or
certifications in any application, record, report, plan or other documentation
filed or required to be maintained, pursuant to this chapter, stormwater
permit or order issued under this chapter, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this chapter shall, upon conviction, be punished by
a fine of not less than $3,000.00 per day of violation or by imprisonment
or by both.
(Code 1980, § 19.20.380; Ord. No. 740, § 1, 2005; Ord. No. 870 (Recodification), 2014)