Skip to code content (skip section selection)
(a) Complaint. The superintendent may serve an administrative complaint on any person who has violated any provision of this chapter. The complaint shall state:
(1) The act or failure that constitutes the violation;
(2) The provisions of law authorizing the civil liability to be imposed; and
(3) The proposed civil penalty.
The complaint shall be served by personal delivery or certified mail on the person subject to requirements that the superintendent alleges were violated, and shall inform the person served that a hearing on the complaint shall be conducted within sixty days after service, unless the person charged with the violation waives his or her right to a hearing.
(b) Hearing. Unless the person charged with the violation(s) waives his or her right to a hearing, the city manager or designee of the city manager shall conduct a hearing within sixty days. If the hearing officer finds that the person has caused a violation, he or she may assess administrative penalties against the person. In determining the amount of the civil penalty, the hearing officer may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. Civil penalties that may be imposed are as follows:
(1) An amount not to exceed $2,000.00 per day for failing or refusing to furnish technical or monitoring reports;
(2) An amount not to exceed $3,000.00 per day for failing or refusing to comply in a timely fashion with any compliance schedule established by the city;
(3) An amount not to exceed $5,000.00 per day of violation for discharges in violation of any waste discharge limitation, permit condition or requirement issued by the city; and
(4) An amount not to exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city.
(c) Appeal. Any person against whom penalties are assessed by the hearing officer may appeal the decision of the hearing officer within thirty days of notice of the decision. The city council may hear the appeal or deny review of the case. If the city council decides to hear the appeal, it shall conduct the appeal in accordance with procedures established by the council. The decision of the city council shall be in writing and shall be final. All civil penalties imposed in accordance with this section shall be payable within thirty days of the decision of the hearing officer; provided, that if the decision is appealed, all penalties shall be payable within thirty days after the city council decision on the appeal.
(d) Lien. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the violation occurred resulting in imposition of the penalty. The superintendent shall cause the amount of uncollected penalty to be recorded with the county recorder, in accordance with Section 54740.5 of the California Government Code, as the same from time to time may be amended.
(Ord. 5084 § 2 (part), 2010)