6.17.120 - Violations.

Any violation of the provisions of this chapter, including, but not limited to, causing, allowing, permitting or suffering a discharge in violation of this chapter, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and declared a public nuisance.

(a)

Notice to correct violations. The director, or his or her designee, or an authorized enforcement officer, may issue a notice of violation and order to comply with the provisions of this chapter. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this chapter.

The director, or his or her designee, or an authorized enforcement officer, may also abate a nuisance on any premises should it constitute an immediate threat to public health or safety or may notify, in writing, the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within the time stated on the notice.

If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction, or other encroachment to the MS4, the director, or his or her designee, or an authorized enforcement officer, may order performance of the work necessary for compliance with this chapter. The person responsible for installing or operating or having control of such a facility shall be liable to the city for the cost of such abatement, including reasonable attorneys' fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

(b)

Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor. Such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment.

Each day during any portion of which such violation is committed, continued, caused, allowed, permitted or suffered shall constitute a separate offense and shall be punishable as such. Penalties under this chapter are in addition to and do not supersede or limit any and all other penalties or remedies provided by law.

(c)

Violations deemed a public nuisance.

(1)

Any condition caused, allowed, permitted or suffered to exist in violation of any of the provisions of this chapter or the municipal NPDES permit is hereby determined to be a threat to the public health, safety, and welfare; is declared and deemed a public nuisance and may be abated or restored by any authorized enforcement officer; and an administrative, civil and/or criminal action to abate, enjoin, or otherwise compel the cessation of such nuisance may be brought by the city attorney or city prosecutor.

(2)

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

(3)

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city administrator shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter.

(d)

Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a separate violation of such provision.

(e)

Civil actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:

(1)

A temporary and/or permanent injunction;

(2)

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

(3)

Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation;

(4)

Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life; and

(5)

Attorney fees.

(f)

Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, the director, or his or her designee, or the authorized enforcement officer has the authority to utilize the following administrative remedies:

(1)

Cease and desist orders. When it has been determined that a discharge has taken place or is likely to take place in violation of this chapter, the director, or his or her designee, or the authorized enforcement officer 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: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. Failure to comply with such an order shall constitute a separate violation of this chapter.

(2)

Notice to clean. Whenever the director, or his or her designee, or the authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or any other pollutionable material of any kind, in or upon the sidewalk, alley, or other public right-of-way, abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or other pollutionable 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. Failure to comply with such a notice shall constitute a separate violation of this chapter.

(g)

Permit revocation. To the extent the city makes a provision of this chapter or any identified BMPs a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in Section 19.39.250 of this code.

(h)

Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, including remedies under the Federal Clean Water Act and/or Porter-Cologne Act. The remedies provided for in this section shall be cumulative and not exclusive.

(i)

Citizen reporting. Members of the public are encouraged to report possible violations of this chapter to the city's public works department.

(Ord. No. 676, § 1, 2-2-2016)