Whenever the city engineer or designee finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for non-compliance.
(Ord. 229 § 3, 2005)
A. 
When the city engineer or authorized representative finds that any discharger has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the discharger submit to the city engineer, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by the discharger.
B. 
Pursuant to California Government Code Section 53069.4 and 36900.(b) the following violation assessments will apply to the issuance of a notice of violation by the city engineer or authorized representative:
1. 
A first notice of violation shall be issued for a first violation of this chapter and shall be punishable by a minimum fine of one hundred dollars ($100.00);
2. 
A second notice of violation shall be issued for a second violation of this same chapter within one year and shall be punishable by a minimum fine of two hundred dollars ($200.00);
C. 
A third notice of violation shall be issued for a third violation of this same chapter within one year and shall be punishable by a minimum fine of five hundred dollars ($500.00). Each additional violation of the same ordinance within one year shall also be punishable by a fine of five hundred dollars ($500.00).
(Ord. 229 § 3, 2005)
A. 
In addition to the penalties established by this chapter any threat to public health, safety and welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or restored by the city engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.
B. 
The cost of such abatement, remediation and restoration shall be borne by the owner of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within a prescribed amount of time after the completion by the city of the removal of the public nuisance and restoration and remediation of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
(Ord. 229 § 3, 2005)
Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the city, or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter.
(Ord. 229 § 3, 2005)
A. 
Any discharger may request in writing or the city engineer may order an administrative hearing, at which a discharger who causes or allows or who has caused or allowed a violation of this chapter to occur shall show cause why a proposed enforcement action should not be taken. An administrative hearing officer who is a city officer not directly involved in enforcement of this chapter shall preside over the administrative hearing, at which each party, including the discharger and the city engineer, shall have the right to present evidence.
B. 
A notice shall be served on the discharger specifying the time and place of the hearing regarding the violation, the reasons why the action is to be taken and proposed enforcement action, directing the discharger to show cause before the hearing officer why proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten working days before the hearing. Service maybe made on any agent or officer of the discharger.
(Ord. 229 § 3, 2005)
A. 
Pursuant to California Government Code Section 54739 and Section 54740.5, the city engineer may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed. The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the city engineer shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the city shall not conduct a hearing. A person dissatisfied with the decision of the city engineer may appeal to the city council of the city within thirty (30) days of notice of the engineer’s decision.
B. 
If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the city engineer or city council may assess a civil penalty against that person. In determining the amount of the civil penalty, the city engineer or city council 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 occurs and corrective action, if any, attempted or taken by the discharger.
Civil penalties may be assessed as follows:
1. 
In a minimum amount of three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance order established by the city;
2. 
In a minimum amount of five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any discharge limitation, areawide urban runoff permit condition, or requirement issued, reissued or adopted by the city;
3. 
In an minimum amount of ten dollars ($10.00) per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.
4. 
The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure.
C. 
All moneys collected under this section shall be deposited in a special account of the city and shall be made available for the monitoring, treatment, and control of discharges into the city’s storm drainage system or for other mitigation measures.
D. 
Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty (30) days of issuance of an invoice by the city. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.
E. 
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.
(Ord. 229 § 3, 2005)
A. 
The city engineer may require compliance with this chapter, NPDES stormwater permit, city permit, or the Basin Plan, by issuing written administrative orders that are enforceable in a court of law or by directly seeking court action. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.
1. 
Compliance orders.
a. 
The city engineer or designee may issue a compliance order to any discharger who fails to correct a violation of this chapter, any NPDES stormwater permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements:
i. 
Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge;
ii. 
Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;
iii. 
Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains;
iv. 
Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this ordinance, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.
b. 
The city engineer or designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgment, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city’s storm drainage system.
c. 
A compliance order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the city for the issuance thereof
2. 
Stop work order.
a. 
The city engineer may serve a written stop work order on any person engaged in doing or causing to be done new construction, tenant improvements, alterations or additions, if:
i. 
A city permit is required and no permit has been granted by the city;
ii. 
Work has begun without necessary prior written stormwater quality management plan (SWQMP) and subsequent approval by the city engineer or his designee; or
iii. 
Violations of this chapter are found at the site of the new construction, tenant improvements, alterations or additions.
b. 
Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the city engineer. A stop work order shall require the discharger to pay a one thousand dollar ($1,000.00) penalty fee to the city for the issuance thereof.
3. 
Cease and desist order.
a. 
When the city engineer or designee finds that any industrial/commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, NPDES stormwater permit, city permit or the basin plan, the city may issue a cease and desist order directing the discharger to:
i. 
Immediately discontinue any illicit connection or prohibited discharge to the city’s stormwater drainage system;
ii. 
Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. 
Immediately discontinue any other violation of this chapter.
b. 
A cease and desist order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the city for the issuance thereof.
4. 
a. 
Termination of service. When the city engineer finds any industrial/commercial discharger who has a direct connection into the city’s stormwater drainage system or has violated an administrative order, the city engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the discharger and the city. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency payment, or for any other reasons. Stone drain service shall be re-instituted by the city engineer after the discharger has complied with all the provisions of the administrative order. The discharger shall also be liable for all costs for re-instituting storm drain service.
b. 
Immediate termination of service. The city engineer may immediately suspend storm drain service for any non-stormwater discharge and any city permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly causes pollution to the receiving waters, ground water, water courses and/or storm drainage system of the city. Any industrial commercial discharger notified that their storm drain service NPDES permit has been suspended shall immediately cease and eliminate the discharge into the stormwater drainage system.
c. 
In the event of failure to comply voluntarily with the termination of service order, the city engineer shall take steps as deemed necessary, including immediate severance of storm drain connections. The industrial/ commercial discharger shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service may be re-instituted by the city engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the city engineer within ten working days of the date of storm drain service termination.
B. 
The city engineer may adopt a proposed compliance schedule submitted by the discharger, or may adopt a revised compliance schedule if, in the judgment of the city engineer the compliance schedule would allow the discharger to cause harm to the receiving waters and/or city storm drain facilities.
C. 
The city engineer will notify the discharger of the adopted compliance schedule in a timely manner. The city engineer shall not adopt a compliance schedule, which extends beyond applicable federal guidelines.
(Ord. 229 § 3, 2005)
A. 
If any person violates the provisions of this chapter, federal or state NPDES permit, city permit requirements or any order of the city, the city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the county.
B. 
In addition to the penalties provided in this chapter, the city engineer may recover all reasonable attorney fees, court costs, court reporters fees and other expenses of litigation by appropriate suit of law against the person(s) found to have violated any of the provisions of this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued there-under and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(Ord. 229 § 3, 2005)
A. 
The business license of any industrial/commercial discharger who is found to have violated an administrative order to comply with any provision of this chapter, NPDES permit or city permit and the orders, rules, regulations and permits under this chapter may be revoked.
B. 
The industrial/commercial user may also be fined a sum for each offense.
C. 
Each violation shall be considered a separate and distance offense, and each day on which a violation shall occur or continue shall be deemed a separate and distance offense. In addition to the penalties provided in this chapter, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued under this chapter.
D. 
Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of twenty five thousand dollars ($25,000.00) but not less than three thousand dollars ($3,000.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
E. 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger’s violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.
F. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The city may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay the penalty within thirty (30) days from the date that it has been assessed.
(Ord. 229 § 3, 2005)
A. 
Any person who wilfully violates any provision of this chapter or any permit condition; who knowingly violates any administrative order, stop work order, cease and desist order, termination or immediate termination order, prohibition or effluent limitation; who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this article or any other provision of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than three thousand dollars ($3,000.00) and/or by imprisonment for a period of not more than six months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefor as provided by this section. Any person who knowingly makes false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, stormwater permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000.00) per day of violation or by imprisonment or by both.
B. 
Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this article is committed, continued or permitted by such person, and shall be punishable for that violation as provided by this section.
(Ord. 229 § 3, 2005)
Any person who damages monitoring equipment, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires non-routine inspection or sampling, causes blockages of, damage to, interference with storm drain facilities, or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties, occasion thereby. An administrative fee, which shall be fixed by the city manager based on the city’s current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within thirty (30) calendar days of invoicing.
(Ord. 229 § 3, 2005)
Any decision of the city engineer or the administrative hearing officer may be appealed pursuant to the city’s standard appeal process. The imposition of fines or penalties shall be stayed during the appeal period unless the city engineer or administrative hearing officer, as applicable, determines that such a stay would threaten the public safety, health or welfare.
(Ord. 229 § 3, 2005)
Whenever the city engineer finds any non-permitted, prohibited substance discharge 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 drain system, the city engineer may give notice to remove any non-permitted, non-prohibited substance discharge that the city may provide. The industrial/ commercial discharger who receives such a notice shall undertake the remediation activities as described in the notice.
(Ord. 229 § 3, 2005)
A. 
The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more section, subsection, clause, phrase or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this chapter is declared invalid or unconstitutional, then all other provisions hereof shall remain valid and enforceable.
B. 
If any provision, paragraph, word, section, or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.
(Ord. 229 § 3, 2005)
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are repealed to the extent of such inconsistency or conflict.
(Ord. 229 § 3, 2005)