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The Council of the City may adopt a resolution establishing more detailed design and performance standards for storm water runoff facilities, consistent with the terms of this chapter, and in order to further implement its goals and purposes.
(Ord. 07-2002-10. Passed 7-2-02.)
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge or prohibited materials or other wastes into the Municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the Municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 07-2002-12. Passed 8-12-02.)
OTHER MATTERS
Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in Section 1043.05 of this chapter shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings.
(Ord. 07-2002-10. Passed 7-2-02.)
The catch-line headings of the subchapters and sections of this chapter are intended for convenience only, and shall not be construed as affecting the meaning or interpretation of the text of the subchapters or sections to which they may refer.
(Ord. 07-2002-10. Passed 7-2-02.)
The provisions of this chapter are hereby declared to be severable, and if any part or provision of this chapter should be declared invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect any other part or provision of the chapter.
(Ord. 07-2002-10. Passed 7-2-02.)
(a) (1) Any person violating any provision of this chapter shall be responsible for a Municipal civil infraction and subject to a fine of not less than five hundred dollars ($500.00) for a first offense, and not less than one thousand dollars ($1,000.00) for a subsequent offense, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief provided, however, that the violation stated in division (b) of this section shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) For purposes of this section, "subsequent offense" means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(3) The City Director of Community Development is authorized to issue Municipal civil infraction citations to any person alleged to be violating any provision of this chapter.
(b) Any person who neglects or fails to comply with a stop work order issued under Section 1043.31 of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment in the County Jail for not more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs as may be imposed in the discretion of the court.
(c) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
(Ord. 07-2002-10. Passed 7-2-02.)