The
City Council
may direct the City Attorney or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of this chapter.
A. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter, the City Attorney may petition the superior court for issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.
B. Civil Actions for Penalties. Any user who violates any provision of this chapter, permit condition, or who violates any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed twenty five thousand dollars for each day in which such violation occurs pursuant to California Government Code Section 54740. Pursuant to the authority of the Clean Water Act 33 U.S.C.A. Section 1251 et seq. any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed twenty five thousand dollars per violation for each day in which such violation occurs.
C. Other Civil Actions. The city may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders and compliance schedules. The orders are enforceable in a California court of general jurisdiction.
The city however, may directly undertake any court action available at law or equity, including but not limited to a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate. (Ord. 01-102 § 2(part), 2001).