(a) As provided in Chapter 1.08 of Title 1 of this code, violations of the provisions of this title shall be subject to criminal penalties. The following designated employee positions may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: city engineer, industrial waste inspector; industrial waste investigator; associate engineer; manager, environmental control programs; supervisor, industrial waste; and manager, environmental compliance division.
(b) Enforcement – Judicial Civil Penalties. Any person who intentionally or negligently violates any provision of this chapter or any provision of any certificate issued pursuant to this chapter shall be civilly liable to the city in a sum of not to exceed $25,000.00 per day for each day in which such violation occurs. The city may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to the penalty provisions of Chapter 1.08 of this code and all other remedies available to the city under state and federal law.
(c) Enforcement – Administrative Civil Penalties.
(1) Complaint. The city engineer may serve an administrative complaint on any person who has violated any provision of this chapter. The complaint shall state:
(a) The act or failure that constitutes the violation;
(b) The provisions of law authorizing the civil liability to be imposed; and
(c) The proposed civil penalty.
The complaint shall be served by personal delivery or certified mail on the person subject to the requirements that the city engineer 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.
(2) 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:
(a) An amount not to exceed $2,000.00 per day for failing or refusing to furnish technical or monitoring reports;
(b) 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;
(c) An amount not to exceed $5,000.00 per day of violation for discharges in violation of any permanent stormwater pollution prevention measure certification, permit condition or requirement issued by the city.
(3) Appeal. Any person against whom the hearing officer assesses penalties 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.
(4) 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 city engineer 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.
(d) Enforcement – Administrative Citation. Any person who violates any provision of this chapter or any provision of any certification or certificate issued pursuant to this chapter shall be subject to the administrative citation provisions contained in Chapter 1.12 of this code.
(e) Enforcement – Administrative Compliance Order. Any person who violates any provision of this chapter or any provision of any certificate issued pursuant to this chapter shall be subject to the administrative compliance order provisions contained in Chapter 1.16 of this code.
(f) Enforcement – Notice of Noncompliance.
(1) Unless the city engineer finds that the severity of the violation warrants immediate action or certificate revocation or suspension, he or she shall issue a notice of noncompliance which:
(a) Enumerates the violations found; and
(b) Orders compliance by a date certain.
If the violations are not abated in the time period identified further action may be taken by the city engineer, including, but not limited to, suspension, revocation or modification of the certificate.
(2) Subject to the following limitations, and in addition to the provisions of subsection (a), the city engineer may require a discharger that has violated any discharge limits contained in this chapter to install a temporary system for the capture, testing and release of stormwater.
(Ord. 4799 § 2 (part), 2003)