A. Abatement.
1. Any discharge or condition violating any of the provisions of this article is a threat to the public health, safety or welfare and constitutes a public nuisance.
2. The enforcement official may commence and carry out proceedings for the abatement of any discharge or condition violating any provision of this article, in accordance with the provisions of Article V and Article VI of Chapter 8.04 of this code, commencing with Section 8.04.110 of this code.
3. When, in the opinion of the enforcement official, any discharge from any source to the public sewer system causes or threatens to cause a condition that presents an imminent hazard to the public health, safety, welfare, the environment or a violation of a NPDES permit, the enforcement official may summarily abate the condition in accordance with the provisions of Article VII of Chapter 8.04 of this code, commencing with Section 8.04.330 of this code.
4. The owner of any property in the city from which is made a discharge in violation of this article shall be liable for the costs incurred by the city for any abatement, clean-up or restoration, including any related inspection and testing costs, arising from the discharge, and the cost therefor shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the enforcement official may commence proceedings for recovery of these costs in accordance with the provisions of Article VIII of Chapter 8.04 of this code, commencing with Section 8.04.370 of this code.
B. Civil Actions. In addition to any other remedies or penalties provided in this chapter, the city attorney may bring a civil action for any violation of this chapter. In any such action, the city may seek, as appropriate, any or all of the following remedies:
1. A temporary and/or permanent injunction;
2. Assessment of the violator for the costs of any investigation, inspection, testing or monitoring related to the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;
3. Costs incurred in removing, correcting, abating, cleaning up or terminating the adverse effects resulting from the violation;
4. General and/or special damages resulting from the violation;
5. Payment or reimbursement of any governmental fines or penalties imposed on the city as a result of the violation;
6. Civil penalties imposed either on a daily basis or a per gallon basis, but not both, for any discharge to the public sewer system prohibited by any provision of this chapter. Civil penalties imposed on a daily basis shall not exceed five thousand dollars ($5,000.00) for each day or portion of a day that the discharge occurs, and civil penalties imposed on a per gallon basis shall not exceed ten dollars ($10.00) for each gallon of the discharge. The amount of civil penalties imposed shall be determined by taking into consideration some or all of the following factors: the nature, circumstances, extent, and gravity of the discharge, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, the economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.
C. Criminal Violations.
1. Any violation of this article shall be punishable as a misdemeanor.
2. The enforcement official shall have and is vested with the authority to arrest or cite and release any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as described by Chapters 5, 5(c), and 5(d) of Title 3, Part 2 of the California Penal Code, including Section 853.6 (as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in Section 836.5 of the California Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.
D. Administrative Penalties. In addition to any other remedy or penalty set forth in this title of this code, administrative penalties may be imposed pursuant to Title 1 of this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Title 1 of this code.
E. Remedies Cumulative. The foregoing remedies and penalties are in addition to and do not supersede or limit any and all other remedies and penalties, civil or criminal, including any remedies or penalties: (1) authorized for violations of the Federal Clean Water Act or Porter-Cologne Water Quality Control Act, or (2) provided for under any ordinance or regulation of another public agency operating sanitary sewer facilities in the city. The remedies and penalties provided for herein shall be cumulative and not exclusive. (Ord. 2005-020 § 2)