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A. Enforcement: Charges levied pursuant to this chapter shall be collected by the department of public works. The public works manager or city engineer shall make and enforce economic and efficient management and protection of the city's storm drain system.
B. Owner Of Record: The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.
C. Notice Of Violation: The public works manager or city engineer may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the thirtieth day following the notice of violation. Nothing in this section shall limit the authority of the public works manager or city engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations, the public works manager or city engineer may notify the person orally either in person or by telephone prior to, and, in some cases, in lieu of, written notification.
D. Consent Orders: The public works manager or city engineer may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person(s) to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall have the same force and effect as any other orders issued under this chapter and shall be judicially enforceable.
E. Cease And Desist Orders: When the public works manager or city engineer finds that a person has violated, or continues to violate any provision of this chapter or any related laws or regulations, or that the person's past violations are likely to recur, the public works manager or city engineer may issue an order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person's failure to comply with an order of the public works manager or city engineer issued pursuant to this chapter shall constitute a violation of this chapter.
F. Civil Penalties: In addition to any other enforcement authority contained in this chapter, the public works manager or city engineer shall issue a civil citation to any person who has violated, or continues to violate, any provision of this chapter or any related laws or regulations. A person who violates any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition shall be civilly liable to the city of Reedley for a sum not to exceed ten thousand dollars ($10,000.00) per day per violation.
G. Criminal Penalties: A person who wilfully or negligently violates any provision of this chapter, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed fifteen thousand dollars ($15,000.00) per day per violation and/or imprisonment for a period not to exceed six (6) months.
H. Criminal Prosecution: Some intentional violations may constitute criminal violations of federal, state and local laws, and that under such circumstances, the public works manager or city engineer may seek the assistance of the EPA, city attorney, state or county prosecutor to commence civil and/or criminal action against any person who violates any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition.
I. Revoking Or Withholding Of Permit: In addition to or in lieu of all other available penalties, the city of Reedley may revoke or withhold any permit, approval or license to construct improvements to real property or operate a business in the city of Reedley if the holder of such permit, approval, or license is in violation of any requirement of this chapter or any applicable NPDES or RWQCB stormwater discharge permit condition.
J. Liability For Costs: The public works manager or city engineer may assess liability for costs to any person found in violation of this chapter for all actual costs incurred by the city of Reedley in surveillance, sampling and testing, abatement, and remediation associated with a discharge that is in violation of this chapter. Additionally, the public works manager or city engineer may assess liability for costs to any person whose discharge resulted in a violation of the city's stormwater discharge permit. (Ord. 2008-07, 11-12-2008)