A. 
For the purpose of verifying compliance with this section, the Director and/or the Director's designated representative may use samples collected from any trench, sump, pipe or other device which directs or conveys stormwater to the City storm drainage system. The above samples may be collected at the source of discharge prior to the dilution with any other streams.
B. 
Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this article, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that:
1. 
If such building or premises be occupied, he or she shall first present proper credentials and obtain consent to enter; and
2. 
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. When requesting consent to enter a building or premises pursuant to this section, the Enforcement Officer shall inform the property owner or occupant that he or she has the right to refuse entry and that in the event such entry is refused, issuance of an inspection warrant by a duly authorized magistrate may be sought. If the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
C. 
Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this article, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the stormwater system, or similar factors.
D. 
City inspectors may, in the course of their inspection, photograph any condition on the premises thought by the Inspector to possibly constitute a violation of this chapter or any local, State, or Federal law and any mechanism, apparatus, means or method thought to contribute to or facilitate the suspected violation.
E. 
Upon the written request of the Environmental Protection Agency or State or local government agencies charged with regulatory jurisdiction, all photographs taken in accordance with this chapter shall be made available to such agencies consistent with applicable law. Such photographs may also be made available to the public or other nongovernmental agencies unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the photographs should be considered confidential in that, if released, they would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
F. 
With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.
G. 
Any authorized enforcement officer 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 officer may deem reasonably necessary to comply with the purpose and intent of this chapter. The burden, including costs, of these activities, analyses, and reports, incurred in complying with said request shall be borne by the property owner or operator of the facility or activity for which testing and monitoring has been requested.
(Prior code § 7-837)
Any person who violates any provision of this article and/or any provision of any permit issued pursuant to this article, or who discharges waste or wastewater 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 penalties. Any enforcement action authorized and undertaken pursuant to this chapter shall be accompanied by notice to the violator that any remedies to which the City avails itself are to the extent allowed by law, in addition to and not to the exclusion of any liability imposed by or enforcement actions taken in accordance with any other applicable Federal, State, or local laws.
(Prior code § 7-838)
If any person discharges pollutants into the City storm drainage system contrary to the provisions of this chapter, Federal or State pretreatment standards or requirements, or any order of the City or any other local governmental agency having regulatory jurisdiction, or otherwise commits any violation contrary to any of the provisions of this chapter, the City Attorney may commence an action for appropriate legal, equitable, or injunctive relief.
(Prior code § 7-839)
A. 
In addition to any other remedies provided in this chapter, any violation of the provisions of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek any or all of the following remedies:
1. 
Injunctive relief;
2. 
Assessment against the violator for the costs of any investigation, inspection, or monitoring survey which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting the legal action as a result of violations of this chapter;
3. 
Recovery for costs incurred in removing, correcting, terminating, or preventing adverse effects resulting or likely to result from the violation;
4. 
Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life; and/or
5. 
Such other relief as the court may authorize.
B. 
Assessments under this section 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.
(Prior code § 7-840)
A. 
Any person who violates any provision of this chapter, who discharges or causes pollution, or who violates any cease and desist order, State or national law or regulation, or any other order of the Director shall be civilly liable to the City in a sum not to exceed $25,000.00 per violation per day. In addition, the City may require the user to pay any excess costs to the system for supplementary treatment systems, facilities, or operations needed as a result of allowing the entry of such discharges into the stormwater system.
B. 
The City may petition the Superior Court of San Joaquin County to impose, assess, and collect any sums levied pursuant to this chapter and Sections 54725, 54739, and 54740, et seq., of the California Government Code. In determining the amount to be recovered, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the discharger.
C. 
Notwithstanding any other provision of law, all civil penalties imposed by the Court pursuant to this section shall be distributed to the City. Remedies imposed pursuant to this section are in addition to and do not supersede or limit any and all other administrative, civil, or criminal remedies available at law.
(Prior code § 7-840.1)
A. 
It is unlawful for any person or entity to intentionally or negligently fail to comply with or violate any provisions of this chapter or any State or Federal regulation regulating stormwater discharge requirements or standards issued pursuant to this chapter or by the State, Federal, or other local governmental agency having jurisdictional authority with regard to stormwater discharges.
B. 
Unless otherwise specified by this chapter, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.
(Prior code § 7-841)
A. 
Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, in accordance with the provisions of California Government Code Section 36901.
B. 
Upon conviction of an infraction, a person shall be subject to payment of a fine in accordance with the provisions of California Government Code Section 36900.
(Prior code § 7-841.1)
A person, firm, corporation, or organization may 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.
(Prior code § 7-842)
It is unlawful to conceal a violation of this chapter. Any person who causes, permits, aids, or abets the occurrence of a violation of any provision of this chapter shall be deemed to have committed the violation of concealment proscribed under this section. A violation of this section shall constitute a misdemeanor.
(Prior code § 7-843)
A. 
In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this article is hereby deemed a threat to the public health, safety, and welfare, and is hereby declared to be a public nuisance, and may be abated and/or restored by the City Attorney initiating a civil action in a court of competent jurisdiction and obtaining a court order authorizing the City to abate, enjoin, or otherwise compel the cessation of such nuisance.
B. 
Where a court order authorizing the City to abate the public nuisance has been issued and the City incurs costs in carrying out such abatement, the cost of such abatement shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, a lien may be placed upon and against the property.
C. 
If the City prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the City shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable costs may include, but is not limited to, the costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit, and reasonable attorney fees.
(Prior code § 7-844)
A. 
Duly authorized peace officers for the City shall have and are hereby vested with the authority to arrest or cite and release in the manner provided by California Penal Code Section 849 any person who violates the provisions of this chapter.
B. 
It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code which apply to public officers or employees in the discharge of their duties within the course and scope of their employment shall apply to all actions taken by said public officers or other City employees in discharging their duties in accordance with this chapter.
(Prior code § 7-845)
In addition to the other enforcement powers and remedies established by this chapter, any authorized Enforcement Officer has the authority to utilize the following administrative remedies:
A. 
Cease and Desist Orders. When an authorized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge or the practices or operations likely to cause such discharge and may direct that persons responsible for such discharge, practices, or operations:
1. 
Comply with the requirement,
2. 
Comply with a time schedule for compliance, and
3. 
Take appropriate remedial or preventive action to prevent the violation from recurring.
B. 
Notice to Clean. Whenever an authorized Enforcement Officer 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 drainage system or a nonstormwater discharge to the City storm drainage system, he or she may give written notice to the owner, operator, or other person having legal responsibility for the premises or facility to remove such oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or other material. The Enforcement Officer shall specify in said notice the time allotted for compliance and the recipient of such notice shall undertake the activities necessary to abate said condition within the period of time specified. In the event the owner or operator of a facility fails to conduct the required activities as described in the notice, the authorized Enforcement Officer may cause such required activities as described in the notice and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, a lien may be placed upon and against, the property.
(Prior code § 7-846)
A. 
The City may issue an administrative complaint to any person who violates any requirement adopted or ordered by the City pursuant to this chapter. The administrative complaint shall allege, with particularity, the act or failure to act that constitutes the violation, the section of the Stockton Municipal Code violated, and the proposed civil penalty, and shall be served by personal delivery or certified mail on the person subject to the discharge requirements. In addition, the administrative complaint shall inform the person served that a hearing before a Hearing Officer, as designated by the City Council, shall be conducted within 60 days after the person has been served. The person served may waive the right to a hearing, in which case the City shall not conduct a hearing.
B. 
A person dissatisfied with the decision of the Hearing Officer may appeal directly to the City Manager within 30 days of notice of the Hearing Officer's decision. If after the hearing or appeal, if any, it is found that the person served has violated reporting or discharge requirements, the Hearing Officer may assess a civil penalty against the person or, in the case of an appeal to the City Manager or the City Manager's designee, the City Manager or the City Manager's designee may affirm or modify the amount of penalties previously assessed. In determining the amount of the civil penalty, the Hearing Officer or City Manager may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any remedial action attempted or taken by the discharger. Penalties imposed by the local agency pursuant to this section shall be assessed in accordance with Government Code Section 54740.5.
C. 
When civil penalties imposed pursuant to this section have remained delinquent for a period of 60 days from the date assessed, a lien may be placed against the real property from which the discharge originated and which resulted in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded on the property tax rolls on file and maintained by the San Joaquin County Recorder and when recorded shall have the force and effect in priority of a judgment lien. The lien shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure. All moneys received pursuant to this chapter shall be deposited in a separate account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City stormwater system or for other stormwater pollution mitigation measures.
D. 
The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.
E. 
Unless appealed, orders setting administrative penalties shall become effective and final upon issuance thereof and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered or certified mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. Any party aggrieved by a final order issued by the City Manager pursuant to this chapter may obtain review of the order in the Superior Court by filing in the court a petition for writ of mandate within 30 days following the service of a copy of the decision and order issued by the City Manager. If no aggrieved party petitions for writ of mandate within the time specified above, an order of the City Manager or Hearing Officer shall not be subject to review by any court or agency pursuant to Section 54740.6 of the California Government Code.
(Prior code § 7-846.1)
A. 
Any person, firm, corporation, or organization affected by a decision, action, or determination, including suspension, revocation, refusal, termination, or cease and desist orders, issued by the Director, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Director a written request for reconsideration within 10 days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
B. 
Any person aggrieved by the action of the Director may appeal said decision in accordance with the procedures set forth in Sections 13.16.440 et seq., of this chapter.
(Prior code § 7-847)
A. 
The Director of the Municipal Utilities Department may order the abatement of any discharge from any source to the City storm drainage system when, in the opinion of the Director or the Director's designated representative, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, welfare, or the environment or a violation of the City's NPDES permit or the Stockton Municipal Code.
B. 
Said situation shall be abated by service of a notice and order to abate upon the person responsible for said discharge or the owner of said building or property. Said notice and order shall set forth the time period for abatement of the conditions and it shall be unlawful for any person so notified to fail to obey or correct such conditions within the time period specified in the order.
C. 
If said situation is not abated within the specified time period, the City may perform or cause to be performed such work as shall be necessary to attain proper abatement. In emergency situations, where the property owner or occupant is unavailable and time constraints are such that service of a notice and order to abate can not be affected without presenting an immediate danger to the public health or safety, the City may perform or cause to be performed such work as shall be necessary to abate the threat of danger to the public.
D. 
Any cost incurred by the City incidental to such work shall be an assessment upon the property or premises affected and shall be collected on the tax rolls in the same manner, by the same person, and at the same time together with or not separate from the general taxes. The Director shall follow the procedures for having said charges collected with the general taxes.
E. 
Any person alleging to have been aggrieved by any emergency action taken by the City pursuant to this section may appeal the propriety of the City's action by filing a written notice of appeal with the Director of Municipal Utilities Department within 15 days of the emergency abatement. Thereafter, said persons may file an appeal directly to the City Manager to be heard by the City Manager or the City Manager's designee. The City Manager shall fix the date, time, and place of the hearing of said appeal, not to exceed 60 days from the filing of the appeal, and shall cause the Municipal Utilities Director to send notice of the hearing to the aggrieved party. The City Manager shall have no obligation to hear any request for appeal filed in excess of 30 days following the denial of the appeal by the Municipal Utilities Director.
(Prior code § 7-849)
The Director or the Director's designated representative may respond to violations of this chapter through development of an Enforcement Response Plan "ERP" and place it on file with the City Department of Municipal Utilities, 2500 Navy Drive, Stockton, California 95206.
(Prior code § 7-850)
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.
(Prior code § 7-851)
The degree of protection required by this article is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this article does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This article shall not create liability on the part of the City or any officer or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(Prior code § 7-852)