61.12.010 Authority to inspect.

A. The enforcement agency, authorized enforcement official and authorized enforcement staff shall have the authority to make an inspection to enforce the provisions of this title whenever there is reasonable cause to believe that there exists in any building, or upon any premises, any condition which constitutes a violation of the provisions of this title. The authorized enforcement official and/or authorized enforcement staff may:

1. Enter and inspect the premises at all reasonable times.

2. When any new structural BMP is installed on private property as part of a project that requires a City permit, the property owner shall grant to the City an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up investigations, and to enter when necessary for abatement of a nuisance or correction of a violation of this title.

3. Carry out any sampling activities necessary to enforce this title, including obtaining samples from any individual or taking samples from the property of any person, or from any vehicle, which the authorized enforcement official or authorized enforcement staff reasonably believes is currently, or has in the past, caused or contributed to causing an illegal discharge to the stormwater conveyance system. Upon request, split samples shall be given to the person from whom, or from whose property or vehicle, the samples were obtained.

4. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illegal discharge to the stormwater conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle.

5. Conduct tests, analyses, and evaluations to determine whether a discharge of stormwater is an illegal discharge or whether the requirements of this title are met.

6. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to stormwater pollution and constituting a violation of this title found during an inspection.

7. Review and obtain a copy of the stormwater pollution prevention plan prepared by a facility operator, if such a plan is required of the facility.

8. Require the facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days.

B. If a building or premises is occupied, the authorized enforcement official and/or authorized enforcement staff shall first present proper credentials and request entry. If a building or premises is unoccupied, the authorized enforcement official and/or authorized enforcement staff shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

C. In the event the owner and/or occupant refuses entry after such request has been made, the authorized enforcement official and/or authorized enforcement staff is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry.

D. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this title, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illegal discharges, discharge of nonstormwater to the stormwater conveyance system, or similar factors. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.020 Inspection procedures.

A. During the inspection, the authorized enforcement official and/or authorized enforcement staff shall comply with all reasonable security, safety and sanitation measures. In addition, the authorized enforcement official and/or authorized enforcement staff shall comply with reasonable precautionary measures specified by the facility operator.

B. A report listing any violation found during the inspection shall be prepared by the authorized enforcement official and shall be kept on file in the enforcement agency. A copy of the report shall be provided to the facility operator. If corrections are needed, the facility operator shall provide to the enforcement agency, as directed, a written plan of correction which states the actions to be taken and the expected dates of completion. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.030 Authority to sample and establish sampling devices.

The enforcement agency shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement official and/or authorized enforcement staff may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.040 Notification of spills.

As soon as any person in charge of a facility, or responsible for emergency response for a facility, has knowledge of any confirmed or unconfirmed significant release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the City of Coronado stormwater conveyance system, such person shall take all necessary steps to ensure the discovery, containment, and clean up of such release and shall notify the City of Coronado of the occurrence and/or Department of Health Services, Environmental Health Services’ Hazardous Materials Management Division, and any other appropriate agency, immediately upon the incident’s occurrence. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.050 Requirement to test/monitor or mitigate.

A. The enforcement agency may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illegal discharges, and/or discharge of nonstormwater to the stormwater conveyance system undertake such monitoring activities, including physical and chemical monitoring, and/or analyses and furnish such reports as the enforcement agency may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

B. Any persons required to monitor pursuant to subsection A of this section will implement a stormwater monitoring plan to include, at a minimum:

1. Routine visual monitoring for dry weather flows.

2. Routine visual monitoring for spills which may pollute stormwater runoff.

3. A monitoring log including monitoring date, potential pollution sources, as noted in subsections (B)(1) and (2) of this section, and a description of the mitigation measures taken to eliminate any potential pollution sources.

C. The enforcement agency, in cooperation with local industrial wastewater programs, may require a facility to install or implement stormwater pollution reduction or control measures, including but not limited to process modification to reduce the generation of pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City of Coronado if:

1. The facility fails to eliminate illegal discharges after receiving a written notice by the enforcement agency; or

2. The facility fails to implement a stormwater pollution prevention plan, as required by the enforcement agency; or

3. The enforcement agency has documented repeated violations of this title which may have contributed to stormwater pollution. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.060 Penalties for violation.

A. Civil Penalties. Any person who violates any of the provisions of this title shall be liable for a civil penalty in accordance with Chapter 1.08 CMC for each day such a violation exists, and all pollution detection, response, cleaning and mitigation costs (if applicable). (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.070 Continuing violation.

Unless otherwise provided, a person, a firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this title is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.080 Concealment.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this title, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, any withholding of information required to be submitted by or pursuant to this title in order to delay City enforcement action, shall constitute a violation of such provision. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.090 City permits and SWPPPs.

Any failure to conform to an applicable stormwater pollution prevention plan (SWPPP) prepared pursuant to this title; any failure to comply with stormwater-related provisions of a City-issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with stormwater-related provisions in any other City permit or approval is also a violation of this title. For purposes of this title, a permit provision or condition of approval is “stormwater-related” if compliance with the provision or condition would have the effect of preventing or reducing contamination of stormwater or of moderating runoff flow rates or velocities, whether or not the provision or condition was initially imposed to promote those outcomes. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.100 Violations deemed a public nuisance.

A. In addition to the penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this title is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by the authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City of Coronado’s attorney.

B. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

C. If any violation of this title constitutes a seasonal and recurrent nuisance, the City of Coronado shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.110 Administrative enforcement powers.

A. In addition to the other enforcement powers and remedies established by this title, the authorized enforcement official has the authority to utilize the following administrative remedies:

1. Cease and Desist Orders. When the authorized enforcement official or authorized enforcement staff finds that an illegal discharge has taken place or is likely to take place in violation of this title, the authorized enforcement official or authorized enforcement staff may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:

a. Comply with the requirement; or

b. Comply with a time schedule for compliance; and/or

c. Take appropriate remedial or preventative action to prevent the violation from recurring.

2. Notice to Clean. Whenever the authorized enforcement official or authorized enforcement staff finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the City of Coronado’s stormwater conveyance system or a nonstormwater discharge to the City of Coronado’s stormwater conveyance system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

3. Stop Work Orders. Whenever any work is being done contrary to the provisions of this title, or other laws implemented through enforcement of this title, an authorized enforcement official may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work.

4. Permit Suspension or Revocation. Violations of this title may be grounds for permit and/or other City license suspension or revocation.

B. Judicial Authorities.

1. The City Attorney is hereby authorized to file civil actions in Superior Court to enforce this title, seeking civil penalties and/or other remedies as provided in this section and in Chapter 1.08 CMC. There is no requirement that administrative enforcement procedures be pursued before such actions are filed.

2. Any violation of this title may be enforced by a judicial action for injunctive relief.

3. The assistance of a peace officer may be enlisted to arrest violators as provided in California Penal Code, Ordinances 5, 5c, and 5d, Title 3, Part 2 (or as amended) and/or a citation and notice to appear as prescribed in Ordinance 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as amended) may be issued. There is no requirement that administrative enforcement authorities be used before such actions are filed. The immunities prescribed in Section 836.5 of the Penal Code are applicable to the authorized enforcement official and authorized enforcement staff acting in the course and scope of their employment pursuant to this chapter. (Ord. 1989 § 1 (Exh. 4), 2007)

61.12.120 Coordination with hazardous materials inventory and response program.

The first revision of the business plan for any facility subject to the hazardous materials inventory and response program, Chapter 6.95 of the California Health and Safety Code, shall include a program for compliance with this title, including the prohibitions on nonstormwater discharges and illegal discharges, and the requirement to reduce stormwater pollutants to the maximum extent practicable. (Ord. 1989 § 1 (Exh. 4), 2007)