The Director must enforce the requirements of chapter consistent
with the provisions of the Enforcement Response Plan. The enforcement
officer may develop, amend, and implement or require a person in violation
of this chapter to develop and implement a spill response plan or
operation and maintenance plan setting forth the procedures, roles
and responsibilities for investigating, cleaning up and reporting
spills, BMP implementation, an illicit discharge response plan setting
forth the procedures and responsibilities for investigating and abating
illicit discharges, and other plans required to comply with the municipal
permit or this chapter.
(Ord. 562 § 3, 2019)
The Director and enforcement officer are authorized to pursue any remedies available to the City at law or equity, for violations of this chapter, including, but not limited to, the administrative, civil, and criminal remedies set forth in Title 1 of this code and in this chapter.
(Ord. 562 § 3, 2019)
In addition to the other enforcement powers and remedies established by this code, the enforcement officer has the authority to order any and all of the following administrative enforcement orders for violations of this chapter and to serve such order in accordance with Section 1.08.030:
A.
Notice
of Violation. A notice of violation identifying the provision(s) of
this chapter or applicable permit or order that has been violated.
B.
Cease
and Desist Order. A cease and desist order identifying the provision(s)
of this chapter or applicable permit or order that has been violated
and directing the cessation of any activities, practices, operations,
or other actions that cause or contribute to the identified violation,
either immediately or pursuant to a timeline.
C.
Compliance
Order. A compliance order identifying the provision(s) of this chapter
or applicable permit or order that has been violated and directing
the implementation of BMPs, facilities, equipment, or other actions
appropriate to cease any violation and remedy the effects of such
noncompliance, either immediately or pursuant to a timeline. A compliance
order may require a person subject to the order to prepare and implement
a stormwater pollution prevention plan for remedying any identified
violation.
D.
Permit Revocation and Denial. A notice identifying the provision(s) of this chapter or applicable permit or order that has been violated and identifying the provision(s) of this code authorizing revocation or denial of any permit issued by the City. If a permit or order issued by the City does not have independent procedures for revocation or denial, the City must follow the hearing procedures set forth in Chapter 1.14.
E.
Stop
Work Order. An order identifying the provision(s) of this chapter
or applicable permit or order that has been violated and directing
any or all work or activities causing or contributing to the noted
violation to immediately stop. A person ordered to stop any work or
activity in accordance with this section must not restart the work
or activity until the City has verified that corrective actions have
been implemented and authorizes work or activities to resume.
F.
Notice
of Ineligibility for Land Development. A notice identifying the priority
development project requirement or land disturbing activity requirement
at a construction project that has been violated, providing a notice
of intent to determine a person or project ineligible for land development,
and providing the date and time of the eligibility hearing.
1.
The
notice of intent required by this chapter must:
a.
Be served on the owner personally or mailed by certified mail and
first class mail to the address shown on the most recent tax assessment
roll and be posted on the property;
b.
State the City's intent to file a notice of ineligibility for
land development;
c.
Fix a location, time and date, not less than 15 days after delivery
of the notice, at which a hearing will occur and at which the owner
may submit written or oral comments or reasons why a notice of ineligibility
should not be filed.
2.
The
eligibility hearing must:
a.
Be held at the appointed time, or at a time agreed to by all parties;
b.
Provide the owner an opportunity to present written or oral comments
or reasons why a notice of ineligibility should not be filed;
c.
Result in a determination of whether a violation occurred, whether
it has been remedied, and whether to file a notice of ineligibility
for land development; and
3.
A
notice of ineligibility filed in accordance with this section remains
in effect until the enforcement officer files a "Release of
Notice of Ineligibility for Land Development." A Release of
Notice of Ineligibility for Land Development may be filed when the
owner implements all required plans and BMPs and remedies any noncompliant
site conditions to the Director's satisfaction. During the effective
dates of any notice of ineligibility filed in accordance with this
section, no application for a building permit, administrative permit,
site plan, use permit, variance, tentative parcel map, tentative map,
parcel map, or final map or any other permit for the development of
the property, on which the violation occurred and which resulted in
the notice of ineligibility will be approved.
G.
Public Nuisance Abatement. A nuisance abatement action or summary abatement action pursuant to the provisions of Chapter 1.10.
H.
Referral
to the Regional Water Board. A violation of this chapter may be referred
to the Regional Water Board for enforcement action in accordance with
the requirements of the municipal permit or plans adopted pursuant
to the municipal permit.
I.
Monetary Penalties. Any violation of any provision or failure to comply with any of the mandatory requirements of this chapter may also be subject to a monetary penalty issued pursuant to Chapter 1.14 of this code. Any monetary penalties collected by the City for violations of this chapter, will be used for stormwater pollution prevention and program management.
(Ord. 562 § 3, 2019)
In addition to any other remedies provided in this chapter,
any violation of this chapter may be enforced by civil action brought
by the City. In any such action, the City may seek, without limitation,
and the court may grant, as appropriate, any or all of the following
remedies:
A.
Injunctive
relief;
B.
Assessment
of 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 a 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 must 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, or for implementing
water quality improvement projects.
(Ord. 562 § 3, 2019)
The violation of any provision of this chapter, failure to comply
with any of the mandatory requirements of this chapter, and the provision
of false testimony or falsification of any statement made in accordance
with this chapter are declared to be misdemeanors; except notwithstanding
any other provisions of this chapter, any such violation constituting
a misdemeanor under this chapter may, in the discretion of the City
Attorney, be charged and prosecuted as an infraction.
(Ord. 562 § 3, 2019)
Causing, permitting, aiding, abetting or concealing a violation
of any provision of this chapter constitutes a violation of such provision.
(Ord. 562 § 3, 2019)
Remedies under this chapter are in addition to and do not supersede
or limit any and all other administrative, civil, or criminal remedies.
The remedies in this chapter are cumulative and not exclusive.
(Ord. 562 § 3, 2019)
