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A. Construction and Occupancy Permits.
1. The issuance of a grading or building permit, performance of permit inspections, or issuance of a certificate of occupancy may be withheld, revoked or suspended on property on which a violation of the provisions of this chapter exist, including work not performed in accordance with the approved plans, until such violstion(s) has been corrected to the satisfaction of the city engineer.
2. Any permit applicant or holder may appeal a determination of the city engineer made pursuant to this subsection pursuant to procedures for appeal established elsewhere in this code applicable to the specific permit(s) at issue. A permittee may request a temporary variance to continue to discharge pending issuance of a final decision through the appeal process.
B. Business Licenses. Violations of this chapter may be grounds for the suspension or revocation of a city business license in accordance with Chapter 5.04 of this code.
(Ord. 472 § 1, 2012)
Any condition in violation of the prohibitions of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety, and welfare, and is declared and deemed a nuisance pursuant to Government Code section 38771.
(Ord. 472 § 1, 2012)
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)
A. Administrative Compliance Order. In addition to anything provided at Chapter 1.26, the authorized inspector may issue an administrative compliance order which may be issued to any of the following:
1. Any owner or occupant of any private property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter or the NPDES permit;
2. The owner of private property or a responsible party subject to the requirements of any WQMP to ensure implementation of and adherence to the terms, conditions and requirements of the plan; or
3. Any person responsible for an illicit connection or prohibited discharge pursuant to this chapter or the NPDES permit.
B. Contents. The administrative compliance order may include any terms and requirements necessary to remedy any violation of this chapter or the NPDES permit, including but not limited to:
1. Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including but not limited to the threat of a prohibited discharge from any pond, pit, well, surface impoundment, holding, or storage area;
2. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
3. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
4. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions, and requirements of any WQMP; and
5. Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state, or regional agency.
C. Applicable Procedures. Notice, enforcement and appeal of an administrative compliance order pursuant to this chapter shall occur pursuant to the procedures established at Chapter 1.26 of this code for administrative citations, generally.
(Ord. 472 § 1, 2012)