§ 13.25.080. Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

A.

In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.

B.

Warning Notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the city may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.

C.

Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:

1.

The name and address of the alleged violator;

2.

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

3.

A statement specifying the nature of the violation;

4.

A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;

5.

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

6.

A statement that the determination of violation may be appealed to the city public works director by filing a written notice of appeal within ten (10) days of service of notice of violation; and

7.

A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

That violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of restitution to cover all administrative, labor and remediation costs incurred by the city; and

(6)

The implementation of source control or treatment BMPs consistent with the California Storm Water Quality Association (CASQA) Best Management Practices Handbooks or equivalent.

D.

Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein, the alleged violator is subject to civil and/or criminal action in accordance with Chapter 1.16 of this code.

E.

Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator, alternative compensatory options, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. No. 660, § 2(Exh. B), 2-25-2014)