The Authorized Inspector may, in his/her discretion, issue either a notice of noncompliance, or a cease and desist order as hereinafter described. In determining which remedy option to pursue, the authorized inspector may consider the severity of the discharge or violation, the potential for irreparable harm which may be caused by the discharge or violation, and/or whether the owner, occupant or responsible person is a repeat offender of the same or similar violation.
A. Notice of Noncompliance. The Authorized Inspector may deliver to a permittee, the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge, a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with subsection (D) of this section.
1. The notice of noncompliance shall identify the provision(s) of this chapter and/or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
2. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person provided, however, that the compliance date may not exceed ninety days unless the Authorized Inspector extends the compliance deadline up to an additional ninety days where good cause exists for an extension. When the Authorized Inspector makes a finding of good cause for an extension, he/she shall articulate the finding and the reasons therefore in the notice of noncompliance.
3. The notice of noncompliance may include the following terms and requirements:
a. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge and/or to prevent the imminent threat of a prohibited discharge including, but not limited to, a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
b. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
c. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;
d. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency; and
e. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto.
B. Cease and Desist Orders. The Authorized Inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with subsection (D) of this section. A cease and desist order may direct a permittee, the owner or occupant of any property and/or other person responsible for a violation of this chapter to:
1. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
2. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
3. Immediately discontinue any other violation of this chapter;
4. Clean up or remediate the area affected by the violation; or
5. Immediately cease any activity not in compliance with the terms, conditions and requirements of the permit issued pursuant to Section 12.18.040(A)(4).
6. A Cease and Desist Order takes effect immediately. An appeal under Section 12.18.080 does not stay the Order, which shall control until the conclusion of the appeal proceedings.
C. Recovery of Costs.
1. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee or any other person who has failed to comply with either a notice of noncompliance or a cease and desist order, an invoice for costs (invoice of cost) for reimbursement of the City's actual costs incurred in issuing and enforcement of any provision of this chapter. Actual costs shall include, but are not limited to, the cost to the City for the reinspection of the property, preparation, issuance and enforcement of any subsequent notice or order. The invoice of cost shall not apply to the first reinspection after service of the notice or order if the owner or occupant of any property, the permittee or person has corrected all violations as set forth in the notice or order. The costs charged herein are intended to compensate for administration costs and not for enforcement of the law.
2. The invoice for costs shall be due and payable to the City within thirty days from the date of service. If any owner, occupant, permittee or person fails to pay the invoice for costs or file a timely appeal pursuant to Section 12.18.080, then the enforcing attorney may institute collection proceedings.
D. Delivery of Notice. Any notice of noncompliance, cease and desist order, notice of legal nonconforming connection or invoice of costs (collectively, the “notice”) shall be delivered pursuant to the following requirements:
1. The notice shall state that the recipient has a right to appeal the matter as set forth in Section 12.18.080.
2. Delivery shall be deemed complete upon:
a. Personal service to the recipient;
b. Five (5) calendar days following deposit of the notice in the U.S. mail, postage pre-paid for first class delivery, or
c. Facsimile service with confirmation of receipt;
3. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City;
4. Where the recipient is a permittee, the address for notice shall be the address set forth on the application for a permit; and
5. Where the owner or occupant of any property cannot be located after the reasonable efforts of the Authorized Inspector, a notice shall be deemed delivered after posting said notice on the property for a period of ten (10) business days.
E. City Abatement. In the event the owner or occupant of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, occupant, operator, permittee or person pursuant to this chapter, the Authorized Inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the property. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection (C) of this section.
(Ord. 3121, 2008)