(A) The Director shall have the authority to enforce this chapter.
(B) Violations of this chapter include, but are not limited to:
1. Failure to obtain a COLC when one is required, including after the expiration of a Time Extension Certification;
2. Failure to obtain a Time Extension Certification if a COLC is not obtained or to timely perform all required work after receiving a Time Extension Certification;
3. Failure to comply with the California Plumbing Code requirements for Repair, Replacement and Verification Inspection;
4. Falsifying facts to obtain a COLC;
5. Performing work without appropriate licensing;
6. Performing work without first obtaining a building permit;
7. Failure to obtain a City encroachment permit, if the work is to be performed within a City right-of-way, prior to commencing work on the PSL;
8. Presenting a false COLC or false documentation (videos, testing results, maps etc.) to the City; and
9. Allowing a PSL or sewer clean-out to operate if the PSL or sewer clean-outs which contains leaks or breaks; uncapped or improperly capped sewer clean-outs; sump pumps; down spouts or yard drains that discharge into the City’s sanitary sewer system; or any other sources of accidental, negligent, or intended introduction of storm water runoff or similar waters into the sanitary sewer system.
(C) Violations of this chapter are hereby declared to be a public nuisance, subject to abatement in accordance with City Code Title 1, Chapters 4, 4A, and 4(B) if, after being notified of the nuisance condition, the property owner fails to correct the condition. If the City abates a sewer-related public nuisance, the costs of such abatement shall be assessed against the subject property owner and may result in a lien against the subject property in accordance with Placerville Municipal Code Title 1, Chapter 4(B) and Title 7, Chapter 4, Section 7-4-20.
(D) When the Director finds that a person has violated this chapter, or in his or her sole discretion, determines that a violation is imminent, the Director shall notify the person in writing. Within 30 days of the mailing of that notification, the notified person must submit for approval by the Director a detailed time schedule of specific actions the person shall take in order to correct or prevent a violation of this chapter. The person must take action within 90 days of the mailing date of the Director’s notification. A violation will be deemed to be imminent if it is likely to affect the public health or safety. Under such circumstances, the Director need only provide twenty-four hours’ written notice prior to being authorized to have the City abate the violation and charge the person for the costs.
(E) Revocation of a Certification. The Director reserves the right to issue a notice of COLC Revocation. Such findings by the Director include but are not limited to the following:
1. Street subsidence at the connection of the PSL to the sewer main;
2. Private sanitary sewer overflows from the PSL of the Property Owner; or
3. Any condition related to the PSL that creates a nuisance or a violation of the California Plumbing Code or the Placerville Municipal Code, including this chapter.
(F) The Director may take enforcement action against a person who violates the provisions of this chapter or fails to perform any act required by this chapter, including but not limited to initiating court action to obtain an injunction requiring the work to be done and/or terminating service to the POTW. The Director may recover from any person in violation of this chapter the costs the City incurs in connection with enforcing this chapter, including staff time, and may seek attorneys’ fees in any court action or proceeding. Where persons are made jointly and severally liable under this chapter, enforcement actions can be taken against any one or more of the jointly and severally liable parties.
(G) Citation penalties. In addition to, or in lieu of, the remedies set forth in this chapter, any violation of this chapter may result in the issuance of an administrative citation pursuant to the Placerville Municipal Code Title 1, Chapters 4, 4A, and 4B; and Title 7, Chapter 4, Section 7-4-20. (Ord. 1712, 12-12-2023)