Chapter 16.10
STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS
Sections:
16.10.040 Responsibility for administration.
16.10.050 Regulatory consistency.
16.10.060 Reduction of pollutants in stormwater.
16.10.070 Illicit connections/discharges.
16.10.080 Nonstormwater discharges.
16.10.090 Discharges in violation of permit.
16.10.100 Water quality management plan for new development and significant redevelopment.
16.10.130 Penalties – City remedies.
16.10.140 Compliance with laws.
Prior legislation: Code 1990 §§ 5.5.11 and 5.5.12.
16.10.010 Title.
This chapter shall be known as the city of Calimesa stormwater/urban runoff management and discharge controls ordinance and may be so cited. [Ord. 95-17; Code 1990 § 5.5.01.]
16.10.020 Purpose and intent.
A. The purpose of this chapter is to ensure the future health, safety, and general welfare of city of Calimesa citizens by:
1. Reducing pollutants in stormwater discharges to the maximum extent practicable;
2. Regulating illicit connections and discharges to the storm drain system; and
3. Regulating nonstormwater discharges to the storm drain system.
B. The intent of this chapter is to protect and enhance the water quality of city watercourses, water bodies, ground water, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1342), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. [Ord. 321 § 1, 2012; Ord. 95-17; Code 1990 § 5.5.02.]
16.10.030 Definitions.
The terms as used in this chapter shall have the following meanings:
“Authorized inspector or manager” means the city manager of the city of Calimesa and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter.
“Best management practice (BMPs)” shall mean any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the discharge of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the city manager, or his or her designee.
“City” shall mean the city of Calimesa.
“Commercial and industrial facilities” means and refers to a facility or facilities that consist of any of the following:
A. Auto-related activities: mechanical repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and equipment, body repair or painting of automobiles and other vehicles, retail or wholesale fueling, automobile parking lots and storage facilities;
B. Mobile-related activities: mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing;
C. Others: cemeteries, nurseries, greenhouses, golf courses, parks, other recreational areas or facilities, eating and drinking establishments;
D. Industrial: industrial facilities as defined within the Federal Clean Water Act, operating and closed municipal landfills, facilities subject to SARA Title III, hazardous waste treatment, disposal, storage and recovery facilities.
“Illicit connection” shall mean any physical connection to a storm drain system which has not been permitted by the city of Calimesa, the Riverside County flood control and water conservation district, or other appropriate public agency.
“Illicit discharge” shall mean any discharge to the storm drain system that is not composed entirely of stormwater runoff, except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board.
“Municipal NPDES permit” shall mean an area-wide NPDES permit issued to a government agency or agencies for the discharge of stormwater from a stormwater system.
“National Pollutant Discharge Elimination System (NPDES) permit” shall mean a stormwater discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the Clean Water Act.
“Nonstormwater discharge” shall mean any discharge to the storm drain system that is not entirely composed of stormwater.
“Person” shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
“Pollutant” shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.
“Premises” shall mean any building, lot, parcel of land, land or portion of land, whether improved or unimproved.
“Storm drain system” shall mean any facility within the incorporated areas of the city of Calimesa by which stormwater may be conveyed to waters of the United States. “Storm drain system” includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catchbasins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structure.
“Stormwater runoff” shall mean surface runoff and drainage associated with rain storm events and snow melt. [Ord. 321 §§ 2 – 4, 2012; Ord. 95-17; Code 1990 § 5.5.03.]
16.10.040 Responsibility for administration.
This chapter shall be administered by the city manager, or his or her designee. [Ord. 321 § 5, 2012; Ord. 95-17; Code 1990 § 5.5.04.]
16.10.050 Regulatory consistency.
This chapter shall be construed to assure consistency with the requirements of the Clean Water Act, Porter-Cologne Water Quality Control Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES permits and any amendments or revisions thereto or reissuance thereof. [Ord. 321 § 6, 2012; Ord. 95-17; Code 1990 § 5.5.05.]
16.10.060 Reduction of pollutants in stormwater.
A. General. It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained any pollutant in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structure, business place, or upon any public or private plot of land in the city, the only exception being where such pollutant is temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this chapter to cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or other drainage structure, business place, or upon any public or private plot of land in the city.
B. Construction Sites. Any person performing construction work in the city shall comply with the provisions of this chapter, Riverside County Ord. 457 as adopted by the city of Calimesa and Chapter 18.70 CMC for erosion and sediment control.
C. New Development and Redevelopment. New development or redevelopment projects shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The city manager, or his or her designee, shall identify the BMPs that may be implemented to prevent such deterioration, shall identify the manner of implementation, and shall require documentation on the effectiveness of BMPs implemented. The BMPs may, among other things, require new developments or redevelopments to do any of the following:
1. Increase permeable areas by leaving highly porous soil and low lying areas undisturbed; by incorporating landscaping and open space into the project design; by using porous materials for or near driveways and walkways; and by incorporating detention ponds and infiltration pits into the project design.
2. Direct runoff to permeable areas by orienting it away from impermeable areas to swales, berms, green strip filters, gravel beds, and French drains; by installing rain gutters oriented towards permeable areas; by modifying the grade of the property to divert flow to permeable areas and minimize the amount of stormwater runoff leaving the property; and by designing curbs, berms or other structures such that they do not isolate permeable or landscaped areas.
3. Maximize stormwater storage for reuse by using retention structures, subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or slow release.
D. Existing Development. Existing development shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The city manager, or his or her designee, shall identify the BMPs that may be implemented to prevent such deterioration, shall identify the manner of implementation, and shall require documentation on the effectiveness of BMPs implemented.
E. Commercial and Industrial Facilities. Any person or entity that owns or operates a commercial and/or industrial facility(s) shall comply with the provisions of this chapter. All such facilities shall be subject to a regular program of inspection as required by this chapter, California Water Code Section 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. Section 1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. [Ord. 321 §§ 7, 8, 2012; Ord. 95-17; Code 1990 § 5.5.06.]
16.10.070 Illicit connections/discharges.
It is a violation of this chapter to establish, use, maintain, or continue illicit connections to the storm drain system, or to commence or continue any illicit discharges to the storm drain system. This prohibition against illicit connections and discharges is expressly retroactive and applies to connections and discharges made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection or discharge. [Ord. 95-17; Code 1990 § 5.5.07.]
16.10.080 Nonstormwater discharges.
The discharge of nonstormwater into the storm drain system is a violation of this chapter except as specified below:
A. The discharge prohibition shall not apply to any discharge regulated under a NDPES permit or waiver issued to the discharger and administered by the state of California under the authority of the EPA; provided, that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.
B. Discharges from the following activities will not be considered a violation of this chapter when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawlspace pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, swimming pool discharges or flows from fire fighting. [Ord. 95-17; Code 1990 § 5.5.08.]
16.10.090 Discharges in violation of permit.
A. Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city of Calimesa in any administrative or judicial enforcement action relating to such discharge.
B. NPDES Permit for Industrial/Commercial and Construction Activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Santa Ana Regional Water Quality Control Board shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits: the industrial stormwater general permit, the construction activity stormwater general permit, and the dewatering general permit. Proof of compliance with said NPDES general permits may be required in a form acceptable to the city manager, or his or her designee, prior to issuance of any city grading, building, or occupancy permits. [Ord. 321 § 9, 2012; Ord. 95-17; Code 1990 § 5.5.09.]
16.10.100 Water quality management plan for new development and significant redevelopment.
Projects which require a subdivision map or permit for discretionary approval by the planning department or the building and safety department for new development or significant redevelopment, as defined below, of a property in the city in the following classifications shall prepare a water quality management plan prior to the issuance of grading or building permits for the project:
A. Significant Redevelopment Projects. Any improvement involving the addition or replacement of at least 5,000 or more square feet of impervious surfaces on a previously developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previous existing development, and the existing development was not subject to these water quality management plan requirements, the design standards apply only to the addition or replacement, and not to the entire development.
B. New Development Projects.
1. New developments that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial and industrial projects and residential housing subdivisions consisting of five or more lots;
2. Automotive repair shops;
3. Restaurants where the land area of development is 5,000 square feet or more;
4. Hillside developments disturbing 5,000 square feet or more which are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more;
5. Developments of 2,500 square feet or more of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas identified in Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033;
6. Parking lots of 5,000 square feet or more;
7. Retail gasoline outlets that are 5,000 square feet or more or are projected to have average daily traffic of 100 or more vehicles per day.
8. Emergency public safety projects in any of the above-listed categories may be excluded if the delay caused due to the requirement for a water quality management plan compromises public safety public health and/or environmental protection. [Ord. 321 § 10, 2012.]
16.10.110 Inspections.
A. Scope of Inspections.
1. Right to Inspect. Prior to commencing any inspection as hereinbelow authorized, the authorized inspector shall obtain either the consent of the owner, his/her authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.
2. Entry to Inspect. The authorized inspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the city.
3. Compliance Assessments. The authorized inspector may inspect property for the purpose of verifying compliance with this chapter, including but not limited to (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and manmade conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (e) locating any illicit connection or the source of prohibited discharge; (f) evaluating compliance with any permit issued relating to a discharge to the stormwater drainage system.
4. Portable Equipment. For purposes of verifying compliance with this chapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
5. Records Review. The authorized inspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on site, 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, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.
6. Sample and Test. The authorized inspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
7. Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the stormwater drainage system.
8. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized inspector. [Ord. 321 § 11, 2012.]
16.10.120 Enforcement.
A. Administrative Remedies.
1. Notice of Noncompliance. The authorized inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge, a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with subsection (A)(5) of this section.
a. The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
b. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days unless the authorized inspector extends the compliance deadline an additional 90 days where good cause exists for the extension.
2. Administrative Compliance Orders.
a. The authorized inspector may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with subsection (A)(5) of this section. The administrative compliance order may be issued to:
i. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter;
ii. The owner of property subject to terms, conditions or requirements imposed on a project in accordance with subsection (A)(1) of this section to ensure adherence to those terms, conditions and requirements;
iii. Any person responsible for an illicit connection or prohibited discharge.
b. The administrative compliance order may include the following terms and requirements:
i. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area;
ii. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
iii. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff;
iv. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state of California or regional agency; and
v. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit or the requirements of this chapter.
3. Cease and Desist Orders.
a. The authorized inspector may issue a cease and desist order. A cease and desist order shall be delivered in accordance with subsection (A)(5) of this section. A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this chapter to:
i. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system;
ii. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. Immediately discontinue any other violation of this chapter;
iv. Clean up the area affected by the violation.
b. The authorized inspector may direct by cease and desist order that the owner of any property, or his or her successor in interest, which property is subject to any conditions or requirements issued pursuant to this chapter to immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable permit.
4. Recovery of Costs. The authorized inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a notice of noncompliance or administrative order an invoice for costs. An invoice for costs shall be delivered in accordance with subsection (A)(5) of this section. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with subsection (A)(6) of this section, then the enforcing attorney may institute collection proceedings.
5. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice for costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:
a. The notice shall state that the recipient has a right to appeal the matter as set forth in subsections (A)(6) through (A)(10) of this section.
b. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the United States Mail, postage prepaid for first class delivery; or (iii) facsimile service with confirmation of receipt.
c. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the city.
d. Where the owner or occupant of any property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of 10 business days.
6. Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in subsection (A)(8) of this section, any person receiving a notice of noncompliance, administrative compliance order, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter may appeal the matter by requesting an administrative hearing. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
7. Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, an invoice for costs or an adverse determination shall, within 30 days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk, with a copy of the request for administrative hearing mailed on the date of filing to the city manager. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
8. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. The requirement for an administrative hearing applies whether or not such a hearing is requested by the person subject to the cease and desist order or the emergency abatement action.
9. Hearing Proceedings. The authorized inspector shall appear in support of the notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
10. Final Decision and Appeal. The hearing officer shall issue his or her final decision within 10 business days of the conclusion of the hearing and the notice of the decision shall be delivered by first class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision. Notwithstanding this subsection (A)(10), the final decision of the hearing officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
11. City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the authorized inspector may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection (B)(4) of this section.
B. Nuisance. Any condition in violation of the prohibitions of this chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to California Government Code Section 38771. The violation of any of the provisions of this chapter adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.
1. Court Order to Enjoin or Abatement. At the request of the city manager, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
2. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
3. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the city manager or the authorized inspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to subsection (A)(8) of this section shall follow the abatement action.
4. Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all other expenses recoverable under state law shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.
5. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with California Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by California Government Code Section 38773.1. At the direction of the city manager, the enforcing attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accord with the conditions and requirements of California Government Code Section 38773.5.
C. Criminal Sanctions.
1. Prosecutor. The enforcing attorney may act on the request of the city manager or the authorized inspector to pursue enforcement actions in accordance with the provisions of this chapter.
2. Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable by a fine of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation occurring within one year.
3. Misdemeanors. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months, or both. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
D. Consecutive Violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order or a permit issued pursuant to this chapter shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.
E. Nonexclusive Remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.
F. Criminal Citations.
1. Pursuant to Penal Code Section 836.5, the authorized inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the authorized inspector shall refer the matter to the enforcing attorney.
2. Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least 10 business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the enforcing attorney may request issuance of a warrant for the arrest of the person cited.
G. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency of any alleged violation of this chapter.
H. Injunctions.
1. Injunction. At the request of the city manager or the authorized inspector, the enforcing attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter.
2. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to restoration of the environment and all other expenses as authorized by law.
I. Administrative Citations. Any person in violation of this chapter may also be subject to administrative citations set forth in Chapter 1.30 CMC.
J. Other Civil Remedies. The city manager or the authorized inspector may cause the enforcing attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (1) all costs incurred in enforcement of this chapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (2) all costs incurred in mitigating harm to the environment or reducing the threat to human health; and (3) damages for irreparable harm to the environment. The enforcing attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system. The remedies available to the city pursuant to the provisions of this chapter shall not limit the right of the city to seek any other remedy that may be available by law. [Ord. 321 § 12, 2012; Ord. 95-17; Code 1990 § 5.5.10. Formerly 16.10.100]
16.10.130 Penalties – City remedies.
A. Any violation of the terms, conditions and requirements relating to the control of discharges to the stormwater drainage system of any permit issued by the city shall constitute a violation of this chapter and subject the violator to the administrative, civil and criminal remedies available under this chapter and this municipal code.
B. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or enforcing attorney to seek cumulative remedies. [Ord. 321 § 13, 2012.]
16.10.140 Compliance with laws.
A. Full compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality.
B. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions, including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify U.S. Environmental Protection Agency Region IX, the Santa Ana Regional Water Quality Control Board, or any other appropriate state or local agency of any alleged violation of this chapter. [Ord. 321 § 14, 2012.]