This chapter shall be known as the “City of South San
Francisco Stormwater Management and Discharge Control Ordinance”
and may be so cited.
(Ord. 1145 § 2, 1994)
The purpose of this chapter is to ensure the future health,
safety and general welfare of the city of South San Francisco citizens
by:
(a)
Eliminating nonstormwater discharges to the municipal separate storm
sewer;
(b)
Controlling the discharge to municipal separate storm sewers from
spills, dumping or disposal of materials other than stormwater;
(c)
Reducing pollutants in stormwater discharges to the maximum extent
practicable.
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The intent of this chapter is to protect and enhance the water
quality of our watercourses, water bodies and wetlands in a manner
pursuant to and consistent with the Clean Water Act.
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(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
This chapter shall be construed to assure consistency with the
requirements of the Federal Clean Water Act and acts amendatory thereof
or supplementary thereto, applicable implementing regulations, and
NPDES Permit No. CAS612008 and any amendment, revision or reissuance
thereof.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any terms defined in the Federal Clean Water Act and acts amendatory
thereof or supplementary thereto, and/or defined in the regulations
for the Stormwater Discharge Permitting Program issued by the Environmental
Protection Agency on November 16, 1990 (as may from time to time be
amended) as used in this chapter shall have the same meaning as in
that statute or regulations. Specifically, the definition of the following
terms included in that statute or regulations are hereby incorporated
by reference, as now applicable or as may hereafter be amended: discharge,
illicit discharge, pollutant and stormwater.
These terms presently are defined as follows:
means when used in this chapter, the following city officials
are authorized enforcement officials: director of public works; director
of economic and community development; fire chief; chief building
official; city engineer; assistant fire chief; fire marshal; assistant
fire marshal; superintendent of water quality control plant and their
authorized designees.
means schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention practices,
maintenance procedures and other management practices to prevent or
reduce the discharge of pollutants directly or indirectly to “waters
of the United “States.” BMPs also include treatment requirements,
operating procedures and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material
storage.
means the city of South San Francisco.
means and includes, but is not limited to, those facilities
within the city by which stormwater may be conveyed to waters of the
United States, including any roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-made channels
or storm drains, which is not part of a publicly owned treatment works
(POTW) as defined in 40 CFR Section 122.2.
means constructing, clearing, grading, or excavation that
results in soil disturbance or has the outside exposure of construction
material that has the potential to discharge to the storm drain system.
Construction also includes structure demolition. Construction does
not include interior remodeling with no outside exposure of construction
material or construction waste to stormwater or mechanical permit
work.
when used as a verb, means to allow pollutants to directly
or indirectly enter stormwater, or to allow stormwater or non-stormwater
to directly or indirectly enter the storm drain system from an activity
or operation. When used as a noun, “discharge” means the
pollutants, stormwater and/or non-stormwater that are discharged.
means any person or entity engaged in activities or operations
or owning facilities, which will or may result in pollutants entering
stormwater or the storm drain system. Discharger also means the owners
of real property on which such activities, operations or facilities
are located; provided, however, that a local government or public
authority is not a discharger as to activities conducted by others
in public rights-of-way.
means any materials removed from the ground or waterway that
are taken by dredging or other equipment processes to be repositioned.
“Illicit discharge” means any discharge to the city storm
sewer system that is not composed entirely of stormwater except discharges
pursuant to a NPDES permit and discharges resulting from fire fighting
activities.
means any discharge that is not entirely composed of stormwater.
means, National Pollutant Discharge Elimination System (NPDES)
Permit for the discharge of stormwater runoff from the Municipal Separate
Storm Sewer Systems (MS4s). It is also referred to as the Municipal
Regional Permit or (MRP).
means, the most current NPDES permit issued October 14, 2009
by the State Regional Water Quality Control Board. It includes any
revisions, extensions, changes, modifications or amendments, adjustments,
alterations, changes or corrections to the original permit.
means dredged spoils, solid waste, incinerator residue, filter
backwash, sewage and wastewater, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials (except
those regulated under the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water (140 C.F.R. 122.21).
means any building lot parcel, real estate, or land or portion
of land whether improved or unimproved including adjacent sidewalks
and parking strips.
means land-disturbing activity which results in the creation,
addition, or replacement of impervious surface area on an already
developed site. Redevelopment includes, but is not limited to, the
expansion of a building footprint; addition or replacement of a structure;
replacement of impervious surface area that is not part of a routine
maintenance activity; and land disturbing activities related to structural
or impervious surfaces.
means a project, development, or site improvement that requires
a building permit, grading permit, or encroachment permit or that
would be subject to these regulations and those of the NPDES discharge
requirements.
means stormwater runoff, snow melt runoff, and surface runoff
and drainage.
means exterior or interior surfaces including, but not limited
to, walls, windows or roof, top crowns, lids or coverings, peripheral,
face, shell, skin, veneer, façade, facing, frontage sidewalks,
walkways, paths, trails, lanes, alleyways, corridor passageways, driveways,
entrance ways, access strips, doors or any other surface on the interior
or exterior.
means the liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities,
and institutions, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
This chapter shall be administered for the city by the director
of public works. Where storm drain facilities and/or watercourses
have been accepted for maintenance by the San Mateo County Flood Control
and Water Conservation District or other public agency legally responsible
for certain watercourses, then the responsibility for enforcing the
provisions of this chapter may be assigned to such agency, through
contract or agreement executed by the city and such agency, with respect
to those watercourses for which they have accepted maintenance.
(Ord. 1145 § 2, 1994)
Pursuant to the provisions of Health and Safety Code Section
5471 the city establishes a system of charges for its stormwater drainage
system. For the purposes of such system of charges “assessment
roll” means the roll upon which general taxes of the city are
collected and “annual real property tax statement” means
the annual tax statement issued by the county of San Mateo.
(Ord. 1145 § 2, 1994)
The charges for services furnished by the city may be based
upon the class of use or area of parcels as determined by resolution
of the city council adopted by a four-fifths vote. Charges shall be
assessed on a yearly basis against parcels as set forth in the master
fee schedule adopted by resolution of the city council.
(Ord. 1145 § 2, 1994)
All stormwater charges hereinabove provided for shall be collected
on the official tax assessment roll, together with all regular municipal
real property taxes. The charges shall constitute liens upon the particular
lots or parcels of land affected and shall be effective at the same
time and to the same extent as is provided for by law in the case
of property taxes, with like penalties for delinquencies, all provided
for by Health and Safety Code Section 5473.5 et seq.
(Ord. 1145 § 2, 1994)
The city may, upon a proper showing and upon the city council’s
making a determination in connection therewith, enter into a special
written agreement with any industrial or commercial concern providing
for the direct payment of stormwater charges to the city rather than
for the charges to be collected on the tax rolls; provided, however,
that in the event of a default, the city shall be entitled to receive
from the particular taxpayer the benefit of all applicable penalties
for delinquencies and to avail itself of all applicable remedies for
the enforcement of collection.
(Ord. 1145 § 2, 1994)
Annually, on or before the first day of July, it is the duty
of the finance director to file with the city clerk a report containing
a summary of the annual charges of real property, computed in conformity
with the schedule of charges. Thereafter, the city council shall hold
a public hearing with respect to the report, after the city clerk
has given notice by publication, in accord with Government Code Section
6066.
(Ord. 1145 § 2, 1994)
On or before the tenth day of August of each year, following
the final determination of the city council with respect to the annual
report, the city clerk shall file with the county auditor a copy of
the report with a statement endorsed thereon over the clerk’s
signature that it has been finally adopted by the city council. The
county auditor shall then enter the amounts of the charges against
the respective lots of parcels of land as they appear on the then
current assessment roll based upon detailed data provided by the city.
(Ord. 1145 §2, 1994)
In accordance with the Health and Safety Code Section 5473.5
et seq., the amount of the charges shall constitute a lien against
the lot or parcel of land against which the charges have been imposed.
The amount shall be included on bills for taxes and shall be subject
to all laws applicable to the levy, collection and enforcement of
general taxes, including, but not limited to, those pertaining to
delinquency, correction, cancellation, refund and redemption.
(Ord. 1145 § 2, 1994)
The city may adopt fees to provide for the recovery of costs
from users of the stormwater system. Such fees may include, but are
not limited to, permits, monitoring, inspections and surveillance
procedures, accidental discharge matters, appeals, reimbursement of
costs incurred by city for removal of pollutants, and any other fees
the city deems necessary to carry out the requirements of this chapter.
The applicable fees shall be as set forth in the city’s master
fee schedule.
(Ord. 1145 § 2, 1994)
Stormwater treatment requirements as specified in NPDES Permit
No. CAS612008 are mandated for certain categories of new and redevelopment
projects based upon the amount of impervious area created, added or
replaced by a project. Stormwater treatment requirements shall apply
to the following types of projects: development and redevelopment
projects, special land use categories, road projects and required
site design measures for small projects and single family homes as
determined by the director of public works or designee. Treatment
BMPs for regulated projects shall incorporate hydraulic sizing design
criteria as specified in NPDES Permit No. CAS612008, to treat stormwater
runoff.
(Ord. 1463 § 1, 2013)
All new development and redevelopment projects subject to planning,
building development or other comparable reviews by the city, but
not meeting the definition of a regulated project are encouraged to
include adequate site design measures that include minimizing land
disturbance and impervious surfaces. These may include clustering
of structures and pavement, directing roof runoff to vegetated areas,
use of micro-detention, including distributed landscaped-based detention
of stormwater, preservation of open space and/or restoration of riparian
areas or wetland as project amenities.
(Ord. 1463 § 1, 2013)
The director of public works or designee shall require each
regulated project to implement at least the following design strategies
on-site:
(a)
Limit disturbance of natural water bodies and drainage systems; minimize
compaction of highly permeable soils; protect slopes and channels;
and minimize impacts from stormwater and urban runoff on the biological
integrity of natural drainage systems and water bodies;
(b)
Conserve natural areas, including existing trees, other vegetation,
and soils;
(c)
Minimize impervious surfaces;
(d)
Minimize disturbances to natural drainages; and
(e)
Minimize stormwater runoff by implementing one or more of the following
site design measures:
(1)
Direct roof runoff into cisterns or rain barrels for reuse.
(2)
Direct roof runoff onto vegetated areas.
(3)
Direct runoff from sidewalks, walkways, and/or patios onto vegetated
areas.
(4)
Direct runoff from driveways and/or uncovered parking lots onto vegetated
areas.
(5)
Construct sidewalks, walkways, and/or patios with permeable surfaces.
(6)
Construct driveways, bike lanes, and/or uncovered parking lots with
permeable surfaces.
(Ord. 1463 §1, 2013)
The purpose of LID is to reduce runoff and mimic a site’s
predevelopment hydrology by implementing specific practices to control
sources of potential pollution and site design strategies to treat
stormwater. All regulated projects shall implement LID requirements
as specified in NPDES Permit No. CAS612008.
(Ord. 1463 § 1, 2013)
Whenever an authorized enforcement official finds that a discharge
of pollutants is taking place or has occurred which will result in
or has resulted in the discharge of pollutants to stormwater or to
the storm drain system, the official may require by written notice
to the owner or responsible person that the pollution be remediated
and the affected property restored within a specified time. The steps
for remediation will follow the requirements and timelines set forth
in the city’s Enforcement Response Plan for Industrial and Commercial
Site Controls, Illicit Discharge Detection and Elimination and Construction
Site Control.
(Ord. 1463 § 1, 2013)
(a)
It is a violation of this code for any land owner to fail to properly
operate and maintain any approved stormwater treatment facilities,
and/or source control best management practices on the owner’s
property.
(b)
It is a further violation for any land owner to fail to follow any
stormwater management plan submitted and approved by city unless a
modification to the plan is approved in writing by the authorized
enforcement official and such modification is thereafter recorded
in the same manner as the original agreement.
(Ord. 1463 § 1, 2013)
The discharge of nonstormwater discharges to the city storm
sewer system is prohibited. All discharges of material other than
stormwater must be in compliance with a NPDES permit issued for the
discharge other than NPDES Permit No. CAS612008.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
The following discharges are exempt from the prohibition set forth in Section 14.04.060 above.
(a)
The prohibition on discharges shall not apply to any discharge regulated
under a National Pollutant Discharge Elimination System (NPDES) permit
issued to the discharger and administered by the state of California
under authority of the United States Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements
of the permit and other applicable laws or regulations.
(b)
Discharges from the following activities will not be considered a
source of pollutants to waters of the United States when properly
managed BMPs as stated in NPDES Permit No. CAS612008: water line flushing
and other discharges from potable water sources, landscape irrigation
and lawn watering, irrigation water, diverted stream flows, rising
groundwaters, infiltration to separate storm drains, uncontaminated
pumped groundwater, foundation and footing drains, water from crawl
space pumps, springs, individual residential car washings, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges
or flows from fire fighting, and any other exempted or conditionally
exempted discharge in accordance with NPDES Permit No. CAS612008 or
any amendment, revision or reissuance thereof.
(c)
Exemptions Not Absolute. Any discharge in this section that is a
significant source of pollutants or can cause significant pollution
to waters of the United States shall be prohibited from entering the
storm drain system, or shall be subjected to a requirement to implement
additional BMPs to reduce pollutants in the discharge to the maximum
extent practicable. Such prohibitions shall be effective on a schedule
specified by an authorized enforcement official in a written notice
to the discharger. The schedule may take into account the nature and
severity of any effects caused by the discharge; and the time required
to design, engineer, fund, procure, construct and make appropriate
BMPs operational.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any discharge into the stormwater collection system that would
result in or contribute to a violation of NPDES Permit No. CAS612008,
a copy of which is filed in the office of the city clerk, and any
amendment, revision or reissuance thereof, either separately considered
or when combined with other discharges, is prohibited. Liability for
any such discharge shall be the responsibility of the person(s) causing
or responsible for the discharge, and such persons shall defend, indemnify
and hold harmless the city in any administrative or judicial enforcement
action relating to such discharge.
(a)
Specific Prohibitions. Prohibit the discharge of wastewater to storm
drains generated from the installation, cleaning, treating, and washing
of the surface of copper architectural features, including copper
roofs to storm drains.
(b)
Prohibit discharges to storm drains from pools, spas, and fountains
that contain copper based chemicals.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
It is prohibited to establish, use, maintain or continue illicit
drainage connections to the city storm sewer system, and to commence
or continue any illicit discharges to the city storm sewer system.
This prohibition is expressly retroactive and applies to connections
made in the past, regardless of whether made under a permit or other
authorization or whether permissible under the law or practices applicable
or prevailing at the time of the connection.
(Ord. 1145 § 2, 1994)
Any person engaged in activities which will or may result in
pollutants entering the city storm sewer system shall undertake all
practicable measures to reduce such pollutants. Examples of such activities
include ownership and use of facilities which may be a source of pollutants
such as parking lots, gasoline stations, industrial facilities, commercial
facilities, stores fronting city streets, etc. The following minimal
requirements shall apply.
(a)
Littering. No person shall throw, deposit, leave, maintain, keep
or permit to be thrown, deposited, placed, left or maintained, any
refuse, rubbish, garbage or other discarded or abandoned objects,
articles, and accumulations, in or upon any street, alley, sidewalk,
storm drain, inlet, catch basin, conduit or other drainage structures,
business place, or upon any public or private lot of land in the city,
so that the same might be or become a pollutant, except in containers
or in lawfully established dumping grounds.
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water in a park or elsewhere within
the city.
Lids shall be kept closed on waste containers including dumpsters,
trash cans, grease, tallow, and fry oil containers and other refuse
receptacles during storage, except when it is necessary to add or
remove waste. Waste containers shall be kept in good working order;
they must not leak or cause spillage and have tight fitting covers
that can be secured to prevent opening by wind or other acts of nature.
The occupant or tenant, or in the absence of occupant or tenant,
the owner, lessee or proprietor of any real property in the city in
front of which there is a paved sidewalk shall maintain said sidewalk
free of dirt or litter to the maximum extent practicable. Sweepings
from said sidewalk shall not be swept or otherwise made or allowed
to go into the gutter or roadway, but shall be disposed of in receptacles
maintained on said real property as required for the disposal of garbage.
(b)
All discharges of sanitary sewage and/or grey water or any mixtures
thereof from recreational vehicles, mobile food vehicles, mobile food
carts, motor homes, campers, trailers, etc. must be discharged to
the sanitary sewer system.
(c)
Standard for Parking Lots and Similar Structures. Persons owning
or operating a parking lot, gas station pavement or similar structure
shall clean those structures or surfaces as frequently and thoroughly
as practicable in a manner that does not result in discharge of pollutants
to the city storm sewer system.
(d)
BMPs for New Developments and Redevelopments. All construction sites
in the city shall implement year round effective erosion control,
run-on and runoff control, sediment control, active treatment systems
(as appropriate), good site management, and nonstormwater management
through all phases of construction (including, but not limited to,
site grading, building and finishing of lots) until the site is stabilized
by landscaping or the installation of permanent erosion control measures.
The director of public works may establish controls on the volume
and rate of stormwater runoff from new developments and redevelopments
as may be appropriate to minimize the discharge and transport of pollutants.
(e)
Notification of Intent and Compliance with General Permits. Each
industrial discharger, discharger associated with construction activity,
or other discharger, described in any general stormwater permit addressing
such discharges, as may be adopted by the United States Environmental
Protection Agency, the California Regional Water Resources Control
Board, or the California Regional Water Quality Control Board, San
Francisco Bay Region, shall provide notice of intent, comply with,
and undertake all other activities required by any general stormwater
permit applicable to such discharges.
Each discharger identified in an individual NPDES or State General
Construction Notice of Intent (NOI) permit relating to stormwater
discharges shall comply with and undertake all activities required
by such permit.
(f)
Compliance with BMPs. Where BMP guidelines or requirements have been
adopted by any federal, state of California, regional and/or city
agency, for any activity, operation or facility which may cause or
contribute to stormwater pollution or contamination, illicit discharges,
and/or discharge of nonstormwater to the stormwater system, every
person undertaking such activity or operation, or owning or operating
such facility shall comply with such guidelines or requirements as
may be identified by the director of public works. All wash waters
from surface cleaning shall be disposed of into the sanitary sewer
system or into suitable landscaping.
(g)
Source control measures for all new development and redevelopment
projects that are subject to planning, building, development or other
comparable review. These source control measures shall be included
on regulated projects consistent with the NPDES permit:
(1)
Storm drain stenciling—No Dumping-Flows to Bay.
(2)
Landscaping that minimizes irrigation and runoff, promotes surface
infiltration where possible, minimizes the use of pesticides and fertilizers
and incorporates appropriate sustainable landscaping practices and
programs such as Bay-Friendly Landscaping.
(3)
Appropriate covers, drains and storage precautions for outdoor material
storage areas, loading docks, repair/maintenance bays and fueling
areas.
(4)
Covered trash, food waste, and compactor enclosures.
(5)
Plumbing of the following discharges to the sanitary sewer, subject
to the local sanitary sewer agency’s authority and standards:
(A)
Discharges from indoor floor mat/equipment/hood filter wash racks
or covered outdoor wash racks for restaurants.
(B)
Dumpster drips from covered trash and food compactor enclosures.
(C)
Discharges from outdoor covered wash areas for vehicles, equipment
and accessories.
(D)
Swimming pool water, if discharge to onsite vegetated areas is not
a feasible option.
(E)
Air conditioning condensate, if discharge to onsite vegetated areas
is not a feasible option.
(F)
Fire sprinkler test water, if discharge to onsite vegetated areas
is not a feasible option.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Every person owning property through which a watercourse passes,
or such person’s lessee or tenant, shall keep and maintain that
part of the watercourse within the property reasonably free of trash,
debris, excessive vegetation, and other obstacles which would pollute,
contaminate or significantly retard the flow of water through the
watercourse; shall maintain existing privately owned structures within
or adjacent to a watercourse, so that such structures will not become
a hazard to the use, function or physical integrity of the watercourse;
and shall not remove healthy bank vegetation beyond that actually
necessary for said maintenance, nor remove said vegetation in such
a manner as to increase the vulnerability of the watercourse to erosion.
No person shall permit or cause to be committed any of the following
acts, unless a written permit has first been obtained from the director
of public works.
(a)
Discharge into or connect any pipe or channel to a watercourse;
(b)
Modify the natural flow of water in a watercourse;
(c)
Carry out development within thirty feet of the center line of any
creek or twenty feet of the top of a bank;
(d)
Deposit in, plant in, or remove any material from a watercourse including
the banks, except as required for necessary maintenance;
(e)
Construct, alter, enlarge, connect to, change or remove any structure
in a watercourse; or
(f)
Place any loose or unconsolidated material along the side of or within
a watercourse or so close to the side as to cause a diversion of the
flow, or to cause a probability of such material being carried away
by stormwaters passing through such watercourse.
(Ord. 1145 § 2, 1994)
The city shall inspect, when deemed necessary, the facilities
and property of any user to ascertain whether the purpose of this
chapter is being met and all requirements are in compliance. The official
may enter such building or premises at all reasonable times to inspect
the same or perform any duty imposed upon the official by this chapter;
provided that: (a) if such building or premises be occupied, he or
she shall first present proper credentials and request entry; and
(b) if such building or premises be unoccupied, he or she shall first
make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry.
Any such request for entry shall state that the property owner
or occupant has the right to refuse entry and that in the event such
entry is refused, inspection may be made only upon issuance of a search
warrant by a duly authorized magistrate. In the event the owner and/or
occupant refuses entry after such request has been made, the official
is hereby empowered to seek assistance from any court of competent
jurisdiction in obtaining such entry.
Routine or area inspections shall be based upon such reasonable
selection processes as may be deemed necessary to carry out the objectives
of this chapter, including, but not limited to: inspection, random
sampling and/or sampling in areas with evidence of stormwater contamination,
illicit discharges, discharge of nonstormwater to the stormwater system,
records examination and copying, or similar factors.
(a)
Authority to Sample and Establish Sampling Devices. The city shall
have the right to establish on any property such devices as are necessary
to conduct sampling or metering operations. During all inspections
as provided herein, the official may take any samples deemed necessary
to aid in the pursuit of the inquiry or in the recordation of the
activities onsite.
(b)
Notification of Spills. As soon as any person in charge of a facility
or responsible for emergency response for a facility has knowledge
of any confirmed or unconfirmed release of materials, pollutants or
waste which may result in pollutants or nonstormwater discharges entering
the city storm sewer system, such person shall take all necessary
steps to ensure the discovery and containment and cleanup of such
release and shall notify the city of the occurrence by telephoning
911 and confirming the notification by correspondence to the South
San Francisco Water Quality Control Plant.
(c)
Requirement to Test or Monitor. Any authorized enforcement official
may request that any person engaged in any activity and/or owning
or operating any facility which may cause or contribute to stormwater
pollution or contamination, illicit discharges, and/or discharge of
nonstormwater to the stormwater system, undertake such monitoring
activities and/or analyses and furnish such reports as the official
may specify. The burden, including costs, of these activities, analyses
and reports shall bear a reasonable relationship to the need for the
monitoring, analyses and reports and benefits to be obtained. The
recipient of such request shall undertake and provide the monitoring,
analyses and/or reports requested.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Any person violating or failing to comply with any of the following
provisions of this chapter shall be guilty of a misdemeanor, which
shall be enforced and punishable in the manner prescribed by the Penal
Code and the Government Code of the state of California or abated
as a nuisance herein.
(Ord. 1145 § 2, 1994)
(a)
If stormwater charges are delinquent for a period of sixty days,
a penalty of ten percent of the amount owed for delinquent stormwater
charges shall be imposed. If stormwater charges are delinquent for
a period of one hundred twenty days, an additional penalty of one
and one-half percent per month shall be paid.
(b)
Any person violating a provision of this chapter failing to comply
with a mandatory requirement of this chapter is guilty of an infraction
and, upon conviction, shall be punished as set forth in Chapter 36900
of the Government Code. After a third conviction for a violation of
the same provision any subsequent violations within a twelve-month
period may be charged as a misdemeanor.
(c)
Continuing Violation. Unless otherwise provided, a person, firm,
corporation or organization shall be deemed guilty of a separate offense
for each and every day during any portion of which a violation of
this chapter is committed, continued or permitted by the person, firm,
corporation or organization and shall be punishable accordingly as
herein provided.
(d)
Violations of this chapter shall be enforced as follows:
(1)
For the first violation, the director of public works or designee,
upon determination that a violation of this chapter has occurred,
shall issue a written warning notice or notice of violation to the
discharger specifying the violation and the appropriate penalties
in the event of future violations; or, depending on the severity of
the violation, may apply a fine for the initial violation. Severity
of the violation will consider the amount of gallons discharged, the
toxicity of such discharge, and/or intent to discharge versus accidental
discharges.
(2)
Thereafter, the following penalties shall apply:
(A)
A fine of one hundred dollars for the first violation following the
issuance of a warning notice or notice of violation;
(B)
A fine of two hundred dollars for the second violation that occurs
following the issuance of a warning notice or notice of violation;
(C)
A fine of five hundred dollars for the third violation that occurs
following the issuance of a warning notice or notice of violation;
(D)
Fines are cumulative and each day that a violation occurs shall constitute
a separate violation.
(3)
Additional enforcement as deemed necessary shall follow the elements
listed in the Enforcement Response Plan.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter shall constitute a violation of such
provision.
(Ord. 1145 § 2, 1994)
Any person who violates any provision of this chapter, any provision
of any permit issued pursuant to this chapter, or who discharges waste
or waste water which causes pollution, or who violates any cease and
desist order, prohibition or effluent limitation, may also be in violation
of the Federal Clean Water Act and/or Porter-Cologne Act and may be
subject to the sanctions of those Acts including civil and criminal
penalty. Any enforcement action authorized under this chapter should
also include notice to the violator of such potential liability.
(Ord. 1145 § 2, 1994)
In addition to the penalties hereinbefore provided, any condition
caused or permitted to exist in violation of any of the provisions
of this chapter is a threat to the public health, safety and welfare,
and is declared and deemed a nuisance, and may be summarily abated
and/or restored by any authorized enforcement official, and/or civil
action to abate, enjoin or otherwise compel the cessation of such
nuisance may be taken by the city attorney.
The cost of such abatement and restoration shall be borne by
the owner of the property and 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. If the lien is not satisfied by the
owner of the property within three months after the completion by
the authorized enforcement official of the removal of the nuisance
and the restoration of the property to its original condition, the
property may be sold in satisfaction thereof in a like manner as other
real property is sold under execution.
If any violation of this chapter constitutes a seasonal and
recurrent nuisance the city council shall so declare. Thereafter such
seasonal and recurrent nuisance shall be abated every year without
the necessity of any further hearing.
(Ord. 1145 § 2, 1994)
The provisions of Section 1094.6 of the California Code of Civil
Procedure are applicable to judicial review of city decisions pursuant
to this chapter.
(Ord. 1145 § 2, 1994)
(a)
Stormwater Project Coordinator. Any discharger affected by any decision,
action or determination, including assessments and abatement orders,
made in interpreting or implementing the provisions of this chapter,
or any permit issued hereunder, may file with the stormwater project
coordinator a written request for review of such decision, action
or determination, setting forth in detail the facts supporting the
request no later than thirty days after the date of the decision,
action or determination. The stormwater project coordinator shall
complete the review and issue a written determination within ten days
after receipt of the request, unless the director of public works
or designee reasonably extends the time thereof.
(b)
Written Appeal to Director of Public Works or Designee. The stormwater
project coordinator’s original decision, action of determination,
and action taken after review may be appealed to the director of public
works or designee by the discharger affected by filing a written appeal
with the director of public works or designee within ten days after
the notice of the decision of the stormwater project coordinator.
The writ-ten appeal shall specify what is being appealed and state
all pertinent aspects of the matter. Within thirty days after the
written appeal is filed, the director of public works or designee
shall hold a hearing. Notice of the hearing shall be served personally
or by registered or certified mail return receipt requested, at least
ten days before the hearing. Service may be made upon any agent or
officer of a corporation.
(1)
At the time and place designated in the notice, the director of public
services or designee shall hear and consider all relevant evidence.
The hearing shall not be conducted according to the formal rules of
evidence. Any relevant evidence shall be admitted if it is the type
of evidence on which reasonable persons are accustomed to rely on
in the conduct of serious affairs. Hearsay evidence may be used for
the purpose of supplementing or explaining any direct evidence, but
hearsay evidence shall not be sufficient by itself to support a finding
unless it would be admissible over objections in civil actions in
courts of competent jurisdiction in this state. The discharger may
represent itself or be represented by anyone of its choice. The hearing
may be continued from time to time.
(2)
Within ten days after the conclusion of the hearing, the director
of public works or designee shall render a written decision and where
applicable an order of abatement. This decision shall set forth the
factual findings made by the director of public works, the conclusion
reached, any abatement or adjustment in assessments required and the
date by which such abatement shall occur.
(3)
A successful appeal by the applicant, with respect to the correction
of stormwater charges, requires the applicant to pay the charges as
billed in total. The city will then reimburse the taxpayer for any
overpayments.
(c)
Written Appeal to the City Council. Any person shall have a right to appeal any determination made pursuant to any authority provided by this code, to the city council, in order to exhaust administrative remedies, by filing with the city clerk a written notice of such appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 1.28 of this code.
(Ord. 1145 § 2, 1994; Ord. 1463 § 1, 2013)
In addition to any other remedies provided in this section,
any violation of this section may be enforced by civil action brought
by the city. In any such action, the city may seek, and the court
shall grant, as appropriate, any or all of the following remedies.
(a)
A temporary and/or permanent injunction;
(b)
Assessment of 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)
Costs incurred in removing, correcting or terminating the adverse
effects resulting from the violation;
(d)
Compensatory damages for loss or destruction to water quality, wildlife,
fish and aquatic life. Assessments under this subsection shall be
paid to the city to be used exclusively for costs associated with
monitoring and establishing stormwater discharge pollution control
systems and/or implementing or enforcing the provisions of this chapter.
(Ord. 1145 § 2, 1994)
In addition to the other enforcement powers and remedies established
by this chapter, any authorized enforcement official has the authority
to utilize the following administrative remedies.
(a)
Cease and Desist Orders. When an authorized enforcement official
finds that a discharge has taken place or is likely to take place
in violation of this chapter, the official may issue an order to cease
and desist such discharge, or practice, or operation likely to cause
such discharge and direct that those persons not complying shall:
(1) comply with the requirement; (2) comply with the time schedule
for compliance; and/or (3) take appropriate remedial or preventive
action to prevent the violation from recurring.
(b)
Notice to Clean. Whenever an authorized enforcement official finds
any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish,
refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land
or grounds, which may result in an increase in pollutants entering
the city storm sewer system, he or she may give notice to remove such
oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse,
waste or other material, in any manner that he or she may reasonably
provide. The recipient of such notice shall undertake the activities
as described in the notice.
(Ord. 1145 § 2, 1994)
Authorized enforcement officials shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c and 5d of Title 3, Part 2 of the Penal Code or as the same may be hereinafter amended.
Such authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 or as the same may hereafter be amended. It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.
Bail for infractions shall be as set by resolution of the city
council.
(Ord. 1145 § 2, 1994)
Remedies under this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
(Ord. 1145 § 2, 1994)
The first revision of the business plan for any facility subject
to the city’s hazardous materials inventory and response program
shall include a program for compliance with this chapter, including
the prohibitions on nonstormwater discharges and illicit discharges,
and the requirement to reduce stormwater pollutants to the maximum
extent practicable.
(Ord. 1145 § 2, 1994)
