Pursuant to California Government Code § 54739 and § 54740.5, the City Engineer may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed. The Administrative Complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the City Administrator or the City Administrator's designee shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the City shall not conduct a hearing. A person dissatisfied with the decision of the City Administrator may appeal to the Mayor and Common Council of the City of San Bernardino within thirty (30) days of notice of the City Administrator's decision.
If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the City Administrator or Mayor and Common Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the City Administrator or Mayor and Common Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.
Civil penalties may be assessed as follows:
a. In an amount which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance order established by the City;
b. In an amount which shall not exceed five thousand dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, areawide urban runoff permit condition, or requirement issued, reissued or adopted by the City;
c. In an amount which shall not exceed ten dollars ($10) per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City.
d. The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty.
The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure.
All monies collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's storm drainage system or for other mitigation measures.
Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty (30) days of issuance of an invoice by the City of San Bernardino. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.
The City may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.