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(A) General enforcement authority.
(1) Except as otherwise provided herein, the Director of Public Works shall administer, implement, and enforce the provisions of this chapter.
(2) Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel.
(Ord. 95-05, passed 4-10-95)
(B) Administrative enforcement powers. The enforcement official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the enforcement official's judgment under the circumstances:
(1) Notice of Violation (NOV).
(a) Whenever the enforcement official finds that any person owning or occupying a premises has violated or is violating this chapter or order issued hereunder, the enforcement official may serve a written NOV upon such person, by personal service, or by registered or certified mail.
(b) Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.
(c) Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the NOV.
(2) Cease and desist orders.
(a) The enforcement official may require any person owning or occupying a premises to cease and desist all activities that may cause or contribute to discharge in violation of this chapter.
(b) This order may also require such person to:
1. Comply with the applicable provisions of the chapter within a designated period of time; or
2. Take appropriate remedial or preventative action to keep the violation from recurring.
(3) Notice to clean and abate.
(a) The enforcement official may require any person owning or occupying a premise to clean up and abate any release of pollutants on that premise which may result in a violation of this chapter.
(b) The enforcement official may also order abatement of activities or practices, which may reasonably result in such a violation.
(4) Mitigation. The enforcement official shall have authority to order the mitigation of circumstances, which may result in or contribute to illegal discharges.
(5) Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.
(6) Best management practices. The enforcement official may establish the requirements of best management practices for any premises.
(7) Violations constituting misdemeanors. In addition to civil penalties provided for in this chapter, any violation of this chapter may be punishable as a misdemeanor.
(8) Violations deemed a public nuisance.
(a) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety or welfare and is thus deemed a nuisance.
(b) Any such nuisance may be summarily abated and/or restored by any authorized to pursue civil action(s) pursuant to division (B) of this section to abate, enjoin, or otherwise compel the cessation of the nuisance.
(9) Cost recovery.
(a) The cost of the abatement and restoration shall be borne by the owner of the property and the cost therefore shall be invoiced to the owner of the property.
(b) If the invoice is not paid within 60 days, the enforcement official shall have the authority to place a lien upon and against the property.
(c) If the lien is not satisfied within three months, the enforcement official is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action bought for a money judgment or by delivery to the county assessor of a special assessment against the property in accordance with Cal. Gov’t Code § 38773.5.
(10) Seasonal and recurrent nuisance.
(a) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare.
(b) Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(11) Costs of enforcement.
(a) If the city prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the city shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding.
(b) Such reimbursable expenses may include, but are not limited to, costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, and costs of suit.
(c) If any such costs are granted to the city, said costs shall be recoverable pursuant to division (A)(9) of this section.
(C) Civil action.
(1) In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city attorney.
(2) Monies recovered under this division shall be paid to the city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.
(3) In any such action, the city may seek, as appropriate, any or all of the following remedies:
(a) A temporary and/or permanent injunction;
(b) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this division;
(c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
(d) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
(D) Emergency orders and abatements.
(1) The enforcement official may order the abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit.
(2) In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare, or the environment or a violations of NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate said threat or danger.
(3) The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of division (A)(9) of this section.
(E) Contents of notice. Any NOV, cease and desist order, or other civil notice or civil order issued by the enforcement official pursuant to this chapter shall include a copy of § 53.20 outlining appeal rights.
(Am. Ord. 2006-002, passed 3-13-06; Am. Ord. 2015-012, passed 6-23-15)