A. Violations. Violations of the provisions of this chapter shall be prosecuted pursuant to any or all of the following provisions of this code:
1. Chapter 1.26, administrative citations. The city's authorized inspector shall be deemed an enforcement officer as that term is defined at Code Section 1.26.020 for the purpose of enforcing any provision of this chapter or the NPDES permit and he or she may also utilize any of the administrative citation procedures set forth at Chapter 1.26;
2. Chapter 1.32, general penalties;
3. Chapter 1.32, specifically, as a misdemeanor and any violation of this chapter or the NPDES permit shall constitute a misdemeanor; or
4. Chapter 8.20, for the summary abatement of nuisances.
B. Notwithstanding any notice provisions contained at Chapters 1.26, 1.32 or 8.20, where the owner or occupant of any private property cannot be located after the reasonable efforts of the authorized inspector, any notice required to enforce any provision of this chapter shall be deemed delivered after posting on the property for a period of ten business days.
C. Emergency Abatement.
1. In the event that the city manager, city engineer or a designee of either determines that any violation of the provisions of this chapter or the NPDES permit constitutes an imminent danger to public safety or the environment, the city manager, or his or her designee, may enter the property from which the violation emanates and abate the condition as public nuisance, and restore any affected property prior to notice to or consent from the owner or occupant thereof and without judicial warrant by following the applicable procedures set forth at Chapter 8.20 of this code.
2. An imminent danger created by a violation of this chapter or the NPDES permit may be subject to an immediate order by the city engineer or his or her designee to immediately cease such conduct. The city attorney is authorized to immediately seek a court order to enforce an order of the city engineer issued pursuant to this subsection, according to the procedures provided at Chapter 1.32 of this code. The city shall be entitled to recover the costs incurred enforcing the city engineer's order including any reasonable and necessary legal fees.
3. An imminent danger includes, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment.
4. Notwithstanding the authority of the city to conduct an emergency abatement action or order immediate cessation of a violation of this chapter or NPDES permit, an administrative hearing and right to appeal pursuant to Chapter 1.26 of this code will be available after an emergency abatement or order to immediately cease violation has occurred.
D. Recovery of Costs.
1. Administrative enforcement costs. The authorized inspector may deliver to the owner or occupant of any private property or any responsible party, or any other person who becomes subject to a notice of noncompliance with this chapter or administrative order, an invoice for costs. An invoice for costs is delivered and is appealable in accordance with the notice provisions established by Chapter 1.26 for notice of an administrative citation. An invoice for costs is immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order.
2. Abatement costs. In addition to any right provided by Chapter 8.20, in order to recover the costs incurred by the city to abate a violation of this chapter or the NPDES permit, the city is entitled to recover the city's abatement costs, including its reasonably-incurred attorneys fees, from the owner or occupant of any private property or any responsible party, or any other person who becomes subject to a city abatement. The city may recover such costs through any means authorized for cost recovery contained in this code, including Chapter 1.32.
E. Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive, and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties are not available for any single violation of this chapter. The remedies available to the city pursuant to the provisions of this chapter shall not limit the right of the city to seek any other remedy that may be available by law.
F. Procedures and Right of Appeal. The procedures and right to appeal any action to enforce this chapter or the NPDES permit shall be governed by the specific chapter of this code pursuant to which the city undertakes its enforcement action.
(Ord. 472 § 1, 2012)