(A) Public nuisance. Discharge of wastes or the use of reclaimed water in any manner in violation of this chapter or of any permit issued hereunder, including, but not limited to, the use of reclaimed water for potable purposes or the introduction of reclaimed water into potable water systems, is declared a public nuisance and shall be corrected or abated as directed by the City of Corona, pursuant to the requirements of this code. Any person creating such a public nuisance is guilty of a misdemeanor.
(B) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, an authorized city enforcement officer has the authority to pursue and take the following administrative actions.
(1) Cease and desist orders. When an authorized enforcement officer finds that an activity, waste discharge, practice or operation has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such activity, waste discharge, practice or operation likely to cause such violation and direct that those persons not complying shall:
(a) Comply with the requirement;
(b) Comply with a time schedule; and/or
(c) Take appropriate remedial or preventive action to prevent the violation from recurring.
(2) Written warning. An authorized enforcement officer may issue a written warning, including a compliance date, to persons who are found to be or are suspected of violating this chapter.
(C) Civil actions. 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, and the court may grant, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction;
(2) Assessment of the violator for the costs of any investigation or monitoring survey which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this subsection;
(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; or
(4) Compensatory damages for loss or destruction to water quality. Assessments under this subsection shall be paid to the city and used exclusively for costs associated with monitoring and establishing systems to protect water quality and/or implementing or enforcing the provisions of this chapter.
(D) Permit revocation. In addition to any other statute or rule authorizing termination of water service, the City of Corona may revoke a reclaimed water permit issued hereunder if a violation of any provision of this chapter is found to exist or if a waste discharge or use of reclaimed water causes or threatens to cause a nuisance.
(E) Penalty. Any person or entity who violates this chapter shall, for each day of violation, or portion thereof, be subject to a fine not exceeding $1,000. In addition, water service to the property may be discontinued.
(F) Appeal.
(1) Any person required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer pursuant to division (B) of this section or whose recycled water permit or water service has been revoked pursuant to this section may appeal such action or revocation in writing to the Director of the City Department of Water Utilities for reconsideration within ten days following the effective date of the decision. The written notice of appeal shall state in detail the specific facts supporting the request for reconsideration. Within 30 days of receiving such request, the Director shall render a decision on the request for reconsideration.
(2) Within ten days after notification of the Director’s decision, the person may file a written appeal of the Director’s decision with the City Council. The written appeal to the City Council and a requisite filing fee must be submitted to the City Clerk. Upon receipt of the written appeal and the requisite filing fee, the City Clerk shall set the matter for hearing with the City Council at the earliest practical date. At the hearing, the City Council may hear additional evidence and may reject, affirm or modify the Director’s decision. The City Council decision shall be final and shall complete the administrative process.
(`78 Code, § 13.28.070.) (Ord. 3346 § 6, 2022; Ord. 2544 § 7, 2001.)