[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
(A) 
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director of Public Works or designee 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 chapter, such official 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 if such building or premises be occupied, he or she shall first present proper credentials and request entry; and 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.
(B) 
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.
(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 chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.
(D) 
Authority to sample and establish sampling devices. With the consent of the owner or occupant or pursuant to a search warrant, the Director of Public Works or designee 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.
(E) 
Notification of spills. All persons in charge of a facility or responsible for emergency response for a facility are personally responsible to train facility personnel and maintain notification procedures to assure that immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge in to the city storm drain system. As soon as any person in charge of a facility or responsible for emergency response for a facility has such knowledge, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the city of the occurrence by telephoning the Director of Public Works and confirming the notification by correspondence to the Director of Public Works.
(F) 
Requirement to test or monitor. The Director of Public Works or designee may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such reasonable monitoring activities and/or analyses and furnish such reports as the officer may specify. Reasonable shall mean that the analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested at his or her sole cost and expense. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the Director of Public Works or designee may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the city 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 of the issuance thereof, the costs shall be a lien upon and against the property and 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 Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
(A) 
In addition to the penalties provided in § 55.99, 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 may be declared and deemed a nuisance, and may be summarily abated and/or restored by the city pursuant to a civil action to abate, enjoin or otherwise compel the cessation of such nuisance prosecuted by the City Attorney's office. The cost of such abatement and restoration shall be borne by the owner of the property and such cost shall be invoiced to the owner. If the invoice is not paid within 60 days of issuance, a lien may be placed on the property for such amount. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
(B) 
If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director of Public Works shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(C) 
In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney's fees.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
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. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
In addition to any other remedies provided in this section, this section may also be enforced by civil action brought by the city in which the city may seek any appropriate remedy as the court may grant, including, but not limited to:
(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 subdivision.
(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 storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
In addition to the other enforcement powers and remedies established by this chapter, the Director of Public Works or designee has the authority to utilize the following administrative remedies.
(A) 
Cease and desist orders. When the Director of Public Works or designee finds that a discharge has taken place or is likely to take place in violation of this chapter, the Director of Public Works or designee 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: comply with the requirement, comply with a time schedule for compliance, and/or take appropriate remedial or preventive action to prevent the violation from recurring.
(B) 
Notice to clean. Whenever the Director of Public Works or designee 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 a city storm sewer system or natural watercourse, or a non-storm water discharge to a city storm sewer system or natural watercourse, 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.
(C) 
In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director of Public Works or designee 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 shall be placed upon and against the property. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
(A) 
The Director of Public Works or designee shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor or 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).
(B) 
The Director of Public Works or designee 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 of employees or employees acting in the course and scope of employment pursuant to this chapter.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
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. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by Director of Public Works or designee, who is aggrieved by the decision of the Director of Public Works or designee, may appeal such decision to the City Council within ten days following the effective date of the decision by writing to the City Clerk. Upon receipt of such request, the City Council shall request a report and recommendation from the Director of Public Works and shall set the matter for hearing at the earliest practical date. At said hearing, the Director may hear additional evidence, and may reject, affirm or modify the Director of Public Work’s decision. Such decision shall be final.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
The degree of protection required by this chapter 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 chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]
(A) 
It shall be unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.
(B) 
Any person so convicted shall be: guilty of an infraction offense and punished by a fine not exceeding $100 for a first violation; guilty of an infraction offense and published by a fine not exceeding $200 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.