Any person found to be in violation of any provision of this chapter in connection with activities subject to a building permit issued pursuant to Title 16 of the Sacramento County Code, shall be subject to the enforcement provisions of both this chapter and Title 16.
(SCC 1280 § 2, 2004; SCC 1295 § 11, 2005)
The Administrator may issue a notice of violation to any person found to be in violation of a provision of this chapter, including any regulation, permit, information request, order, variance, or other requirement that the Administrator is authorized to enforce or implement pursuant to this chapter.
(SCC 1280 § 2, 2004)
a. 
Any violation of this chapter in which the Administrator also determines that the violation constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the County storm drain system or natural surface waters, may result in an order to immediately cease and desist all activities causing such immediate threat.
b. 
A cease and desist order shall direct the owner or occupant of any premises subject to this chapter, or any person named therein which is subject to this chapter, to immediately discontinue all or specified prohibited conditions or discharges to the County storm drain system, natural surface waters, or otherwise, until such time as abatement actions sufficient in the determination of the Administrator have been satisfactorily effected and so confirmed by written amendment to said cease and desist order.
c. 
Any cease and desist order may be appealed pursuant to the administrative appeals process of this chapter; provided, however, the effect of the cease and desist order shall remain in effect pending final determination thereof. Nothing shall limit the Administrator's authority to continue enforcement actions under a pending cease and desist order, including modifying a cease and desist order consistent with the purpose and intent of this chapter.
d. 
Any cease and desist order shall be cumulative with all of the remedies in this chapter and as provided by law.
e. 
A cease and desist order shall inform the discharger of the Administrator's authority and intent to conduct abatement of the violation or threatened violation according to Section 15.12.550, if the discharger fails to comply with the requirements of the order within the specified time frame.
f. 
If the discharger fails to comply with a cease and desist order within the time specified in the order, the Administrator may conduct abatement of the violation according to Section 15.12.550.
g. 
Nothing in this section requires the Administrator to issue a cease and desist order before conducting summary abatement as provided under Section 15.12.550.
(SCC 1280 § 2, 2004; SCC 1295 § 12, 2005)
a. 
In addition to any other content, a notice of violation, or a cease and desist order shall contain the following elements:
1. 
A statement of the Administrator's findings that indicates a violation has occurred.
2. 
A citation of the provision of this chapter that has been violated.
3. 
A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The Administrator may extend the compliance date when good cause exists for such an extension.
4. 
Notification that continued non-compliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.
5. 
Notification that the County may recover any costs incurred by the County as a result of the violation.
6. 
Notification that a violation of this chapter may result in an administrative civil penalty of up to $5,000 per violation for each day that the violation occurs, or in criminal penalties.
7. 
Notification that the recipient has a right to a hearing on the matter as set forth in Section 15.12.540 of this chapter, to determine the enforcement of any administrative civil penalty sought by the Administrator, or to appeal any findings or required corrective actions established by the Administrator.
8. 
Notification of hearing dates, appeal deadlines, and procedures for requesting a hearing established according to Section 15.12.540 of this chapter.
b. 
In addition to any other content, a notice of violation, or a cease and desist order, or a notice of administrative civil penalty may establish required corrective actions, including the following:
1. 
Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:
A. 
Cessation of illicit discharges.
B. 
Correction of prohibited conditions.
C. 
A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter. The Administrator may require the action plan to address specific items, including the following:
i. 
Specific time schedules for compliance;
ii. 
Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff;
iii. 
Identification of persons responsible for compliance with this chapter.
D. 
Reporting requirements to demonstrate ongoing compliance.
2. 
A requirement that the person receiving same shall submit written certification to the Administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.
3. 
Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this chapter.
c. 
A notice of violation, a cease and desist order, or a notice of administrative civil penalty may be issued separately or in combination with another notice or order for the same violations or set of related violations.
(SCC 1280 § 2, 2004; SCC 1295 § 13, 2005)
Any notice of violation, cease and desist order, permit revocation, notice of administrative civil penalty or other enforcement action pursuant to the requirements of this chapter shall be subject to the following requirements:
a. 
Delivery shall be deemed complete upon either personal delivery to the recipient or by deposit in the U.S. Mail postage pre-paid for first class delivery.
b. 
Where the recipient of the notice or order is the owner of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.
c. 
Where the owner or occupant of any premises cannot be located after reasonable efforts of the Administrator, the notice or order shall be deemed delivered after posting on the premises for a period of 10 business days.
(SCC 1280 § 2, 2004; SCC 1295 § 14, 2005)
a. 
Administrative hearings and appeals under this chapter shall be to a Hearing Officer appointed pursuant to Government Code section 27720 et seq. Each Hearing Officer shall also meet the requirements of Government Code section 11425.30 and any other applicable restriction.
b. 
Any person served with a notice or order pursuant to this chapter shall be provided an opportunity for a hearing prior to enforcement of an administrative civil penalty; or to appeal required corrective actions or the Administrator's findings of a violation of this chapter.
1. 
Appeal Hearing. If a notice of violation or a cease and desist order is issued, but not concurrently with a notice of administrative civil penalty, the person who receives it shall be afforded an opportunity for a hearing to appeal the Administrator's findings or required corrective actions in the manner described in the following subsections:
A. 
To appeal the Administrator's findings, required corrective actions, or any provision of a notice or order, the person shall file a written request for hearing. The filing period for a request for hearing shall be set in written policy by the Department issuing the notice or order adopted pursuant to 15.12.330, but shall in no case be less than 15 calendar days. Any notice or order shall notify the recipient of the specific date by which the notice must be filed. The request for hearing shall be filed with the party issuing the notice or order at the address so designated on the notice and must be accompanied by payment of the Hearing Officer fee, established and amended from time to time by the Administrator based upon actual expense. If the person filing a request for hearing prevails on appeal, then the Hearing Officer fee will be refunded by the Administrator. A request for hearing shall be deemed filed within the filing period if it is postmarked within that period. If a request for hearing is not filed within the proscribed filing period, the notice, order or other action or determination by the Administrator shall become final.
B. 
Except as provided in subsection (b)(1)(C) of this section, within 90 calendar days of receipt of the request for hearing by the Administrator, the hearing shall be scheduled by the Administrator with a Hearing Officer designated by the Administrator, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the Administrator shall have all the authority granted to an agency by those provisions. Except as provided in subsection (b)(1)(C) of this section, the Hearing Officer shall issue a decision within 60 calendar days after the completion of any hearing conducted pursuant to this section.
C. 
When a cease and desist order is issued pursuant to this chapter, the hearing shall be scheduled by the Administrator with a Hearing Officer within 15 calendar days of receipt by the Administrator of the request for hearing. The Hearing Officer shall issue a decision within 15 calendar days after the completion of any hearing conducted pursuant to this subsection.
2. 
Administrative Civil Penalty Hearing. If the Administrator issues a notice of administrative civil penalty, prior to enforcement of any penalty, the person receiving the notice shall be afforded an opportunity for a hearing. The notice shall establish a time, date and place for the hearing before a Hearing Officer, as follows.
A. 
The date for the hearing which shall be no less than 30 calendar days and no more than 90 days from the date of the notice, except that if the notice is issued concurrently with a cease and desist order, the hearing date shall be no more than 45 days from the date of the notice.
B. 
Alternative dates for the hearing may be established by mutual consent of the person and the Administrator, or as ordered by the Hearing Officer.
3. 
Combined Hearing. An appeal hearing may be consolidated with a hearing for an administrative civil penalty, as follows:
A. 
If a notice of administrative civil penalty is issued concurrently with a notice of violation or cease and desist order for the same violation or a related set of violations, and if the person files a request for hearing, according to the procedures established in subsection (b)(1)(A) of this section, the appeal hearing shall be conducted in conjunction with the administrative civil penalty hearing.
B. 
If a notice of administrative civil penalty is not issued concurrently with a notice of violation or cease and desist order, but is issued within a reasonably close period of time for the same violation or a related set of violations, and if the person receiving the notice or order files a request for hearing according to the procedures established in subsection (b)(1)(A) of this section, the appeal hearing may be conducted in conjunction with the administrative civil penalty hearing, at the discretion of the Hearing Officer.
4. 
Recovery of Hearing Costs. The Administrator may recover the costs incurred by the County for hearings as follows:
A. 
Cost for Appeal Hearing. For appeal hearings, the provisions of Section 15.12.450 notwithstanding, the Administrator shall set a standard fee to be paid by the person at the time that the request for hearing is filed. The purpose of the fee is to recover the County's costs, or portion thereof, for the Hearing Officer. If the person filing a request for hearing prevails on appeal, then the Hearing Officer fee will be refunded by the Administrator. In addition, by order of the Hearing Officer, the County may be awarded its costs, including Hearing Officer fees above and beyond the standard fee, staff time, and attorneys' fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay.
B. 
Costs for Administrative Civil Penalty Hearing. If the County prevails in seeking an administrative civil penalty, by order of the Hearing Officer, the County may be awarded costs incurred while seeking the penalty, including Hearing Officer fees, staff time, and attorneys' fees.
5. 
If the Administrator finds that a violation(s) may pose an imminent and substantial endangerment to the public health or safety or the environment, any required corrective action established by a notice or order issued under this chapter that are intended to correct such violations, shall take effect upon issuance, regardless of the filing of a request for hearing.
c. 
Administrative hearings for matters concerning this chapter shall be conducted according to Sections 15.12.540 through 15.12.548 hereof.
(SCC 1280 § 2, 2004; SCC 1295 § 15, 2005)
a. 
General. At the time set for hearing, the Hearing Officer shall state what the prima facie case is, what the burden of proof is, and what the range of penalties is. The Hearing Examiner shall proceed to hear the testimony of the Administrator, the person, and other competent persons respecting the circumstances of the violation, and other relevant facts concerning the matter. The Hearing Officer shall follow the rules of procedure for conducting hearings established by this Code.
b. 
Record of Oral Evidence at Hearing. A record of the entire hearing proceedings shall be made by either a certified court reporter or any other means of permanent recording determined to be appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time-to-time by the Administrator.
c. 
Continuances. The Hearing Officer may, upon request of the person, a party in interest, or the Administrator, grant continuances from time to time for good cause shown, or upon his/her own motion. Any continuance granted shall in no way diminish the responsibility of the person and/or parties in interest for maintaining the premises, nor affect other requirements of this chapter regarding time for challenging any decisions made or actions taken.
d. 
Oaths—Certification. The Hearing Officer or certified shorthand reporter shall administer the oath or affirmation.
e. 
Evidence Rules. Government Code of the State of California, Section 11513, as presently written, or hereinafter amended, shall apply to hearings conducted under this chapter.
f. 
Rights of Parties. Each party may represent themselves, or be represented by anyone of their choice. Each party may appear at the hearing and offer evidence in this matter and cross examine witnesses.
g. 
Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.
h. 
Inspection of Premises. The Hearing Officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the parties before the inspection is made;
2. 
The parties are given an opportunity to be present during the inspection;
3. 
The Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and
4. 
Each party then shall have a right to rebut or explain the matters so stated by the Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
i. 
Burden of Proof. The burden of proof in hearings held pursuant to this chapter shall be as follows:
1. 
In the case of any notice or order, the Administrator shall bear the burden of proof, by a preponderance of evidence, to show that a violation of this chapter has occurred.
2. 
In the case of a notice of administrative civil penalty, the Administrator shall bear the burden of proof, by a preponderance of evidence, to show that a penalty should be assessed.
3. 
In the case of an appeal regarding the occurrence of a violation, or of required corrective actions, the appellant shall bear the burden of proof, by clear and convincing evidence, to show cause for amending or rejecting all or part of the corrective actions or requirements imposed by the Administrator by a notice or order.
(SCC 1295 § 16, 2005)
a. 
Following the hearing, the Hearing Officer shall issue an order in writing no later than 30 days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:
1. 
Confirmation or denial of the occurrence of violations of this chapter that are alleged by the Administrator;
2. 
Confirmation or rejection of any administrative civil penalty sought by the Administrator, and establishment of the monetary amount of any administrative civil penalty to be enforced.
3. 
Confirmation, amendment, or rejection of required corrective actions related to compliance with this chapter that are imposed by the Administrator, but only if those requirements are appealed by the person.
b. 
The Hearing Officer's order concerning any administrative civil penalty shall be guided by factors including, but not limited to the following: the danger or harm to public health and safety or the environment created by the violation; actions by the person to prevent, correct, or conceal the violation; negligence; intent; recidivism; and any economic benefit associated with non-compliance.
c. 
The Hearing Officer's order shall uphold required corrective actions if the person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this chapter. The Hearing Officer's order may amend, or reject required corrective actions, provided that compliance with this chapter will be achieved. The Hearing Officer's order shall not address required corrective actions unless the person files a request for hearing according to the procedures established in Section 15.12.540(b)(1)(A) of this chapter.
d. 
The Hearing Officer's order shall inform the person of the following:
1. 
If the violation is not corrected, or if any required corrective actions are not met within the time(s) required, that the violation may be abated by the County, without further notice or consent of the person or any party in interest, in such manner as may be ordered by the Hearing Officer, and the expense thereof, including all costs of enforcement, incurred by the County as a result of the person's failure to comply, shall be recoverable by the County, and may be made a lien on the subject premises pursuant to the provisions of Government Code Section 25845. Additionally, upon entry of a second or subsequent order within a two-year period finding that the person is responsible for a condition that may be abated in accordance with this chapter and Government Code Section 25845, or any successor provision thereto, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the Hearing Officer may order the person to pay treble the costs of abatement pursuant to Government Code Section 25845.5, or any successor provision thereto.
2. 
The time and manner by which a person may file a challenge to the Hearing Officer's order is governed by Government Code Section 53069.4, or any successor provision thereto.
3. 
Failure to comply with the Hearing Officer's order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.
e. 
The order issued by the Hearing Officer pursuant to this section shall be effective upon issuance. A copy of the order shall be delivered by the Hearing Officer in accordance with Section 15.12.530.
f. 
Preparation of a record of the administrative proceeding shall be governed by the provisions of Sacramento County Code, Chapter 1.06, as presently written or hereinafter amended.
g. 
The provisions of Sacramento County Code, Chapter 1.06 notwithstanding, any challenge to the order of the Hearing Officer concerning any appeal or administrative civil penalty shall be governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 on the County shall be served upon the Clerk of the Board.
h. 
After any notice or order made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. The Administrator may pursue, through County Counsel or the District Attorney, appropriate judicial action against any person who fails to comply with any such notice or order, including charging that person with a misdemeanor offense.
(SCC 1295 § 17, 2005)
a. 
The administrative penalty shall be due and payable within 30 days after the Hearing Officer's decision is issued. If the penalty is not timely paid, the County may pursue all reasonable and legal means in collecting those sums authorized and due.
b. 
All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the County department(s) enforcing this chapter, and shall be deposited into a special account that shall be expended to fund the activities of the department to implement the applicable provisions of this chapter.
(SCC 1295 § 18, 2005)
This chapter does not do any of the following:
a. 
Otherwise affect the authority of the Administrator to take any other action authorized by any other provision of law.
b. 
Restrict the power of a city attorney, district attorney, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.
c. 
Prevent the Administrator from cooperating with, or participating in, proceeding specified in subsection 15.12.549(b).
(SCC 1295 § 19, 2005)
a. 
Any condition in violation of the provisions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, is declared and deemed to be a public nuisance.
b. 
At the request of the Administrator, the County may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Administrator shall issue a cease and desist order to the owner and occupant, if any, of the Premises where the nuisance or threatened nuisance is occurring.
c. 
At the request of the Administrator, the County may seek an abatement warrant or other appropriate judicial authorization to enter the Premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.
d. 
In the event the nuisance constitutes an imminent danger to public safety or the environment, the Administrator may enter the premises from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance without prior notice to or consent from the owner or occupant thereof and without judicial warrant.
1. 
An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where such pollutants present a significant and immediate threat to the public health and safety or the environment.
2. 
Notwithstanding the authority of the County to conduct an emergency abatement action, an administrative hearing pursuant to Section 15.12.540 shall follow the emergency abatement action.
(SCC 1280 § 2, 2004)
In the interest of achieving consistent enforcement of this chapter, and in recognition of the need to have enforcement policy adapted to the structure and practices of various implementing agencies, each implementing agency that is delegated enforcement responsibility pursuant to this chapter by the Administrator or the Board shall submit, to the Director of Water Resources, a draft written enforcement policy. Each such enforcement policy need only address those enforcement duties assigned to the implementing agency. Each policy shall address, if included in the delegated duties, guidelines for: the issuance of notices of violation, issuance of cease and desist orders, County stormwater permit administration, abatement, compliance deadlines, filing periods for administrative appeals, and imposition of administrative civil penalties. Enforcement policies shall take into consideration such factors as the nature, circumstances, extent, and gravity of the violation, and the violator's past and present efforts to comply. Upon approval by the Director of Water Resources, the enforcement policy shall be deemed adopted by the implementing agency who shall use such policy to achieve consistent enforcement standards by said implementing agency. Any amendments to an enforcement policy must be submitted to the Director of Water Resources for approval.
(SCC 1280 § 2, 2004; SCC 1295 § 20, 2005)
a. 
In addition to any other remedies provided by this chapter, the person may be subject to an administrative civil penalty of up to $5,000 per day for each violation of this chapter. In seeking imposition of an administrative civil penalty, the Administrator shall commence the procedure by issuing a notice of administrative civil penalty, which shall be served and proof of service shall be made in the same manner as provided in Section 15.12.530 of this chapter.
b. 
The notice of administrative civil penalty shall state that the recipient has a right to a hearing as set forth in Section 15.12.540 of this chapter.
c. 
Procedures concerning notice, conduct of the hearing, and service shall be as provided in Section 15.12.540 of this chapter.
d. 
Subsections 15.12.560(a), (b), and (c) notwithstanding, the Administrator may establish a schedule of fines which, if adopted by the Board, and as it may be amended from time to time by the Board, shall become appended to this chapter. The schedule of fines shall define specific violations for which an administrative civil penalty shall apply, and shall assign a specific monetary penalty to be assessed for each violation included in the schedule of fines. When the Administrator has found that such violation has occurred and has issued an appropriate notice or order pursuant to this chapter, the administrative civil penalty shall be enforceable without further action being required. Any person receiving such a schedule of fines penalty shall be entitled to appeal the Administrator's findings giving rise to such penalty pursuant to the procedure established in Section 15.12.540 of this chapter.
(SCC 1280 § 2, 2004; SCC 1295 § 21, 2005)
a. 
Any person who violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, fails to or fails to comply with a specified compliance requirement or a provision of a County stormwater permit, shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six months in the County Jail, or both.
b. 
Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, a notice of violation, a cease and desist order, or failure to comply with specified compliance requirements or a provision of a County stormwater permit, shall constitute a separate violation of this chapter punishable by fines or sentences in accordance herewith.
c. 
The Administrator may authorize specifically designated County employees to issue citations for misdemeanor violations of this chapter pursuant to Penal Code Section 836.5.
(SCC 1280 § 2, 2004; SCC 1295 § 22, 2005)
a. 
Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the Administrator to seek cumulative remedies.
b. 
The Administrator may request the County to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing non-compliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the County of all costs incurred in enforcing this chapter, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the County, costs relating to the restoration of the environment and any other costs or expenses authorized by law.
c. 
The Administrator may request the County to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:
1. 
All costs incurred in the enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.
2. 
All costs incurred in mitigating harm to the environment or reducing the threat to human health.
3. 
Damages for irreparable harm to the environment.
d. 
The County is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the County storm drain system from any violation of this chapter where such violation has caused damage, contamination or harm to the environment, public property or the County storm drain system.
e. 
The remedies available to the County pursuant to the provisions of this chapter shall not limit the right of the County or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.
f. 
Each day in which a violation occurs and each separate failure to comply with specified compliance requirements or provision of a County stormwater permit, a separate provision of this chapter, an Administrative enforcement order, or a cease and desist order shall constitute a separate violation of this chapter punishable by civil, criminal and administrative penalties in accordance with this chapter.
(SCC 1280 § 2, 2004; SCC 1295 § 23, 2005)