(A) (1) Any person in violation of this chapter is subject to the procedures and penalties set forth below. In addition, to the extent that the city makes any provision of this chapter or identified BMP a condition of approval to the issuance of a permit, any person in violation of such condition is subject to the permit revocation and/or suspension procedures set forth in the provisions governing permit issuance.
(2) The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties. There remedies shall are non-exclusive and are in addition to any other enforcement powers available under this Code or applicable law.
(B) Administrative violations. In addition to the general enforcement powers and procedures of this Code, an enforcement official may utilize the following administrative remedies as may be desirable to enforce this chapter:
(1) Cease and desist orders. When the enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter or any NPDES Permit, the enforcement official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with the applicable provisions and policies of this chapter or any NPDES Permit; (b) comply with a time schedule for compliance (c) take appropriate remedial or preventive action to prevent the violation from recurring.
(2) Notice to clean, test and/or abate. Whenever the enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste 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’s stormwater conveyance system or a non-stormwater discharge into the city’s stormwater conveyance system, the enforcement official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice.
(3) Stop work orders. Whenever any work is being done contrary to the provisions of this chapter, the enforcement official may order the work stopped by giving written notice to any person engaged in performing or causing such work to be done, and any such person shall immediately stop such work until authorized by the enforcement official to proceed with the work.
(4) Permit or license suspension, denial or revocation. Violations of this chapter may be grounds for permit or license suspension or revocation.
(5) Injunction/abatement of public nuisance. Whenever a discharge into the Stormwater Conveyance System occurs in violation of the provisions of this chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the enforcement official may also cause the city to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate to restraining the continuance of the discharge.
(C) Civil violations.
(1) Any person who violates any of the provisions of this chapter or who fails to implement a stormwater monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a SWPPP or WQMP as directed by the enforcement official, may be liable for a civil penalty not to exceed $2,500 dollars for each day that such a violation exists. Moreover, the violator may be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation, for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
(2) The enforcement official may take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to recover said funds. If collected as a lien, the enforcement official shall cause a notice of lien to be filed with the county recorder, inform the county auditor and county recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the enforcement official shall file a release of lien with the county recorder.
(D) Enforcement; penalties, remedies.
(1) Any violation of this chapter is a misdemeanor and shall be punishsable as set forth in § 1.01.220 of this Code.
(2) As a part of any sentence or other penalty imposed or the award of any damage, the Court may also order that restitution be paid to the city or any injured person by any person violating this chapter, or, in the case of a violator who is a minor, by the minor’s parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.
(3) Any person violating the provisions of this chapter shall reimburse the city of any and all costs incurred in responding to, investigation, assessing, monitoring, treating, removing, or remediating any pollutant to the Storm Drain System; rectifying any illegal connection; or remediating any violation of the chapter. Such costs to be paid to the city include all inspections, administrative expenses and all legal expenses, including costs and attorney’s fee. The costs to be recovered shall be recoverable from any and all persons creating, causing or committing or maintaining the violation of the chapter, or participating, in the same.
(4) In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or Public Works Director, Building Official, or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the discharge of pollutants, where such discharge presents significant and immediate threat to the public health or safety, or the environment.
(5) Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and state law. reimburse the city for any and all costs incurred in responding to, investigating, assessing, monitoring, treating, removing, or remediating any pollutant to the storm drain system; rectifying any illegal connection; or remediating any violation of this chapter. Such costs to be paid to the city include all administrative expenses and all legal expenses, including costs and attorneys’ fees. The costs to be recovered in this section shall be all costs and fees incurred by the city as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Cal. Government Code § 38773.1 and § 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Cal. Government Code § 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the premises in accordance with the conditions and requirements of Cal. Government Code § 38773.5.
(7) Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (Cal. Water Code §§ 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen’s suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.
(8) The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city for all costs incurred in enforcing this chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.
(9) The city may utilize any and all other remedies as otherwise provided by law.
(Ord. 2009-32, passed 5-5-2009; Am. Ord. 2012- 102, passed 6-19-2012)