Whenever the public works director has cause to believe a person has violated a prohibition or failed to meet a requirement of this chapter, the director shall provide written notice of the alleged violation to that person. If the location of the individual is not known, this notice shall be conspicuously posted at the site of the violation. The notice shall provide that person or property owner(s) an opportunity to be heard as to (a) why abatement of the alleged violation and/or restoration of affected property should not be required, (b) why compliance measures stated by PGMC § 9.30.260 shall not apply, and/or (c) why an administrative civil penalty assessment shall not be imposed.
The notice shall set forth a deadline following such hearing within which remediation or restoration shall be completed. The notice shall advise that, should the violator fail to remediate the violation within the established deadline, the remediation work may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged to the violator pursuant to PGMC § 9.30.320.
(Ord. 07-002 § 2, 2007)
Whenever construction activity is being done contrary to and in violation of this chapter, the public works director may order that construction activity to stop by posting a written notice on the premises. All persons shall immediately stop such work unless or until the public works director authorizes removing the stop work order and allows construction activity to proceed.
(Ord. 07-002 § 2, 2007)
In accord with the notice issued under PGMC § 9.30.220, the public works director shall provide person(s) alleged to have violated a prohibition or failed to meet a requirement of this chapter with an opportunity to be heard and to controvert evidence of the violation, and/or evidence pertaining to remediation efforts or other enforcement remedies.
This proceeding may be held by the public works director, or by a delegated agent. The city shall have the burden to prove, by a preponderance of evidence, noncompliance or violation of provisions of this chapter. The decision shall be written and served upon all affected persons and/or property owners. A determination that a violation occurred shall incorporate therein an administrative compliance order, and shall state whether or not an administrative civil penalty assessment shall be assessed.
(Ord. 07-002 § 2, 2007)
When supported by a preponderance of evidence adduced at the hearing held under PGMC § 9.30.240 that a violation of this chapter has occurred, the public works director shall issue a written administrative compliance order that specifies therein the violation(s) and compliance measures needed to abate, remedy or remediate each violation. The administrative compliance order may impose an administrative civil penalty assessment for any violation.
The public works director may also refer any violation of this chapter to the city attorney who may issue a citation to the responsible party and/or property to appear in municipal court for imposition of penalties as set forth in PGMC § 1.16.010.
(Ord. 07-002 § 2, 2007)
Compliance measures imposed to abate, remedy or remediate violations of this chapter may include, but shall not be limited to one or more of the following, without limitation:
(a) 
Cease and desist violating discharges, practices, or operations;
(b) 
The elimination of illicit connections or discharges;
(c) 
The implementation of source control or treatment BMPs;
(d) 
The performance of monitoring, analyses, and reporting;
(e) 
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(f) 
Payment of an administrative civil penalty assessment;
(g) 
Payment of fees to compensate remediation costs incurred by the city or its contractors;
(h) 
Payment of fees to compensate for administrative costs incurred by the city or its contractors relating to enforcement, monitoring or reporting; and
(i) 
Deposit of an undertaking, or presentation of a bond to assure completion of remediation and/or compliance efforts.
(Ord. 07-002 § 2, 2007)
All notices/orders shall be served (a) by personal service, or (b) by certified mail, with a duplicate copy sent by first class mail, postage prepaid. Any notice/order served by mail shall be deemed received for purposes of time computation hereunder, five days after the date mailed, if to an address within this state and seven days after the date mailed, if to an address outside this state.
(Ord. 07-002 § 2, 2007)
Upon receipt of notice of administrative civil penalty assessment, the alleged violator may request a conference with the city manager or designee. The city manager or designee may compromise or settle any unpaid administrative civil penalty assessment. A request to settle under this section shall not act as a stay, or otherwise affect the filing or processing of an appeal under PGMC § 9.30.300.
(Ord. 07-002 § 2, 2007)
An affected party may appeal the determination of noncompliance or violation of provisions of this chapter, the administrative compliance order, and/or the administrative civil penalty assessment made pursuant to PGMC § 9.30.240, or the stop work order made pursuant to PGMC § 9.30.230.
The notice of appeal must be received by the city manager within 10 calendar days from the date of the violation determination, or from the date of the stop work order for an appeal of that order. The appeal shall state the name and address of the appellant, the name of any representative, the portion of the determination being appealed, the reason the determination is incorrect, and a statement as to what the correct determination should be. Failure to file such a statement within the time or manner set forth shall constitute a waiver of objection and the appeal shall be dismissed.
The city council shall convene a hearing to review the matter, and based on (a) the record of proceedings held pursuant to PGMC § 9.30.240 and (b) evidence presented to the city council, the city council shall render its de novo determination on the matter(s) appealed. The city shall provide written notice of action taken on the appeal, including revisions to the administrative compliance order, as appropriate, and such action shall be final.
(Ord. 07-002 § 2, 2007)
In circumstances where remediation work is not completed within the time limit stated by a notice issued under PGMC § 9.30.220 or within the date required in the administrative compliance order, remediation work specified in the administrative compliance order may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged pursuant to PGMC § 9.30.320.
(Ord. 07-002 § 2, 2007)
Within 30 days after abatement of the nuisance by the city, the public works director shall notify the property owner of the property of the cost of abatement, including administrative costs and attorney fees. The property owner may file a written protest objecting to the amount of the charge with the city clerk within 15 days. The city clerk shall set the matter for public hearing before the city council. The decision of the city council shall be final.
The amount due shall be paid within 10 days of the decision of the city council or the expiration of such time as the council may otherwise set for payment. Thereafter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The city clerk shall cause an entry to be made on the tax roll apposite the description of the property, as follows: "Abating public nuisance, $____," filling in the amount of the expense in each particular case, and the auditor/tax collector shall cause a corresponding entry to be made on the current assessment roll for the property, and thereafter before any further payment shall be received for any tax or for the redemption of said property, the cost of abating such nuisance shall first be paid.
(Ord. 07-002 § 2, 2007)
The public works director is authorized to require immediate urgent abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the public works director, the city is authorized to obtain an urgent judicial abatement warrant to enable entry onto private property and any and all measures required to remediate the violation. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party in accord with PGMC § 9.30.320.
(Ord. 07-002 § 2, 2007)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor and shall be punished as set forth in PGMC § 1.16.010.
(Ord. 07-002 § 2, 2007)
In lieu of enforcement proceedings, penalties, and/or remedies authorized by this chapter, the public works director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, watercourse or beach cleanup, or other remedial activity.
(Ord. 07-002 § 2, 2007)
In addition to the enforcement processes and penalties set forth in this article, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared to be a threat to public health, safety, and welfare of this city. Any such condition is declared and deemed a public nuisance, may be deemed a violation subject to the criminal and civil enforcement provisions of Chapter 1.16 PGMC, may be summarily abated or restored by the city at the violator's expense, and/or may be subject to a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 07-002 § 2, 2007; Ord. 09-005 § 15, 2009)