A. Inspections. The City Manager or the Director, or any designee thereof, may, on twenty-four hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:
1. Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;
2. Identifying points of Discharge of all waste water, non-storm water, processed water systems and pollutants;
3. Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;
4. Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;
5. Locating any Illicit Connection or Illicit Discharge;
6. A vehicle, truck, trailer, tank or other mobile equipment;
7. All records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, storm water pollution prevention plans, and any and all records relating to Illicit Connections, Illicit Discharges, or any other source of contribution or potential contribution of Pollutants to the municipal storm drain system;
8. Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system Discharges for the purpose of determining the potential for contribution of Pollutants to the municipal storm drain system;
9. Inspecting the integrity of all storm drain and sanitary sewer systems, any connection to other pipelines on the property, including the use of dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;
10. The institution and maintenance of monitoring devices for the purpose of measuring any Discharge or potential source of Discharge to the municipal storm drain system;
11. Evaluating compliance with this chapter or the Clean Water Act.
B. Enforcement.
1. Any violation of this chapter is a misdemeanor and shall be punishable by either a fine of up to one thousand dollars or six months in the county jail, or both.
2. Any person who may otherwise be charged with a misdemeanor as a result of a violation of this chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than one hundred dollars for the first violation, two hundred dollars for the second violation, and two hundred fifty dollars for each additional violation thereafter.
3. As a part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the City or any injured person, or, in the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.
4. Any person violating the provisions of this chapter shall reimburse the City for any and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any Illicit Discharge or Pollutant from the municipal storm drain system; rectifying any Illicit Connection; or remediating any violation of this chapter.
Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The costs to be recovered in this Section 12.16.120 shall be recoverable from any and all persons violating this chapter.
5. In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or Director, or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the Discharge of Pollutants, where such Discharge presents a significant and immediate threat to the public health or safety, or the environment.
6. Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this code and state law.
7. All costs and fees incurred by the City as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.
8. Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.
9. The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.
10. Each separate Discharge in violation of this chapter and each day a violation of this chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.
11. Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter.
12. The City may utilize any and all other remedies as otherwise provided by law.
(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)