Vacaville City Zoning Code
Division 14.26
URBAN STORM WATER QUALITY, MANAGEMENT AND DISCHARGE CONTROL
[1]
Prior legislation: Ord. 1972.
§ 14.26.010.010 Title.
This division shall be known as the "Urban Storm Water Quality, Management and Discharge Control Ordinance" of the City of Vacaville and may be so cited.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.020 Purpose and Intent.
The purpose and intent of this division is to ensure the health, safety, and general welfare of the citizens of the City, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.030 Definitions.
The terms used in this division shall have the following meanings:
"Best management practices"
means activities, practices, prohibition of practices, procedures, site design measures, design standards, and source control measures to prevent or reduce the discharge of pollutants and/or soil erosion directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and such other provisions as are contained and/or specified in the State Water Resources Control Board NPDES Permit CAS000004 and any subsequent amendments thereto, and such other provisions as the City determines appropriate for the control of pollutants.
"City"
means the City of Vacaville.
"Clean Water Act"
means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
"Construction activities"
means activities subject to National Pollutant Discharge Elimination System (NPDES) General Permit For Storm Water Discharges Associated with Construction and the City's municipal storm water NPDES permit. These include construction or demolition projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
"Development"
means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project, industrial, commercial, retail, transportation, institutional, or other nonresidential project including public agency projects.
"Development runoff requirements"
means the provisions in the Phase II storm water permit that contain design standards or performance criteria to address both the construction and post-construction phase impacts of new projects and redeveloped projects on storm water quality and quantity.
"Discharge of a pollutant"
means addition of any pollutant or combination of pollutants to waters of the United States from any point source within the jurisdiction of the City. The term includes addition of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. (See definition of "Pollutant.")
"Erosion"
means the physical detachment of soil due to wind or water. Often the detached fine soil fraction becomes a pollutant transported in storm water runoff.
"Erosion control"
means BMPs used to minimize soil detachment.
"Hazardous materials"
means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117).
"Illicit connections"
means either of the following:
1.
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
2.
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.
"Illicit or illegal discharge"
means any nonpermitted or nonexempt discharge to the storm water conveyance system that violates this chapter or is prohibited under federal, state, or local statutes, ordinances, codes, laws, rules, or regulations, or which degrades the quality of receiving waters. The term "illicit discharge" includes all non-storm water discharges not composed entirely of storm water, except discharges that are identified as exceptions under Section 14.26.020.010 (as such section may be amended or renumbered from time to time). The term does not include discharges that are regulated by a NPDES permit (other than the NPDES permit for discharges from the MS4).
"Incidental irrigation runoff"
means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
"Industrial activities"
means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14).
"Low impact development (LID)"
means sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and storm water management to maintain the site's predevelopment runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.
"Maximum extent practicable (MEP)"
means a standard for water quality that applies to all MS4 operators regulated under the NPDES program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the administrator or the state determines appropriate for the control of pollutants.
"Municipal separate storm sewer systems (MS4)"
means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and/or operated by the City under Section 208 of the Clean Water Act designed or used for collecting or conveying storm water for discharge to waters of the United States and is not a combined sewer and/or part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.
"National Pollutant Discharge Elimination System (NPDES) storm water discharge permits"
means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity permit, the general industrial activity permit and the general permit for storm water discharges from small municipal separate storm sewer systems under which the City has obtained coverage for its municipal storm water discharges.
"Non-storm water discharge"
means any discharge to the storm drain system that is not composed entirely of storm water.
"Person"
means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise.
"Phase II storm water permit"
means the NPDES general storm water permit applicable to the City, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit.
"Pollutant"
means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
"Pollution"
means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050).
"Porter-Cologne Act"
means the Porter-Cologne Water Quality Control Act and any subsequent amendments thereto (California Water Code Section 13000 et seq.).
"Post-construction BMPs"
means structural and nonstructural controls which detain, retain, or treat runoff to minimize the discharge of runoff and pollutants from a development site for the life of the project after final stabilization is attained.
"Premises"
means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
"Storm drain system"
means the publicly owned and maintained facilities operated by the City by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.
"Storm water conveyance system"
has the same meaning as storm drain system.
"Storm water facilities operation and maintenance plan"
means a plan identifying the locations and characteristics of storm water management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities.
"Storm water management facility"
means any device designated to detain, retain, filter, or infiltrate storm water.
"Storm water" or "storm runoff"
means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.
"Urban runoff"
means storm water runoff from an urbanized area, including streets and adjacent domestic and commercial properties that carry pollutants of various types into the storm drain system and watercourses.
"Urbanized area"
means a densely settled core of census tracts and/or census blocks that have population of at least 50,000 people, along with adjacent territory containing nonresidential urban land uses as well as territory with low population density included to link outlying densely settled territory with the densely settled core.
"Watercourse"
means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, including, but not limited to, rivers, creeks, runs, and rivulets.
"Waters of the United States"
means surface watercourses and water bodies as defined at 40 CFR Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
Any term(s) defined in the Clean Water Act and/or the implementing regulations thereto, and which are not specifically defined in this section, shall, when used in this division, have the same meaning as set forth in said act or regulation. |
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.040 Applicability.
This division shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying with the City, including any amendments or revisions thereto.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.050 Responsibility for Administration.
The City Manager shall administer, implement, and enforce the provisions of this division. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.060 Regulatory Consistency.
This division shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.070 Ultimate Responsibility of Discharger.
The standards set forth herein and promulgated pursuant to this division are minimum standards; therefore this division does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. This division shall not create liability on the part of the City, or any officer, employee, board, commission or authority of the City, for any damages that result from any discharger's reliance on this division or any administrative decision lawfully made thereunder.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.010.080 Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.020.010 Prohibition of Illegal Discharges.
No person or property shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
A.
Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this chapter:
1.
Water line flushing;
2.
Individual residential car washing;
3.
Diverted stream flows;
4.
Rising groundwater;
5.
Uncontaminated groundwater infiltration to the separate storm sewer system;
6.
Uncontaminated pumped groundwater;
7.
Discharges from potable water sources; uncontaminated foundation drains; air conditioning condensation;
8.
Springs;
9.
Uncontaminated water from crawl space pumps;
10.
Footing drains; flows from riparian habitats and wetlands;
11.
Dechlorinated swimming pool discharges; and
12.
Incidental irrigation runoff from landscaped areas provided the conditions in subsection C of this section are met.
B.
The prohibition shall not apply to discharges or flows from firefighting activities or any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state of California under the authority of the federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted by the City for any discharge to the storm drain system.
C.
"Incidental runoff" is defined as unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
D.
Irrigation systems shall be designed to conserve water and prevent water leaving the area of application. Persons responsible for controlling irrigation systems shall prevent excessive irrigation runoff by:
1.
Detecting and correcting leaks from the irrigation system within 72 hours of discovering the leak;
2.
Properly designing and aiming sprinkler heads to only irrigate the planned application area;
3.
Not irrigating during precipitation events; and
4.
Where recycled water is used for irrigation, designing and managing holding ponds to such that no discharge occurs unless it is the result of a 25-year, 24-hour or larger storm event. Any releases from holding ponds shall be reported to the Regional Board and the City within 24 hours of the discharge.
E.
With the written concurrence of the Regional Board, the City may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain system nor waters of the U.S.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.020.020 Prohibition of Illicit Connections.
A.
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
B.
This prohibition expressly includes, without limitation, illicit connections made prior to the effective date of this division, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
C.
Any person or property responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.
D.
The City may perform cleanup and abatement work as provided in Section 14.26.050.100 and recover its costs from the responsible person as provided in Section 14.26.050.140.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.020.030 Waste Disposal Prohibitions.
No person or property shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any premises in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.020.040 Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.
Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager or his/her designee prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.010 Requirement to Prevent, Control, and Reduce Storm Water Pollution.
A.
Authorization to Adopt and Improve Best Management Practices (BMPs). The City is subject to and may enforce BMPs as specified in the State Water Resources Control Board NPDES Permit CAS000004 and will adopt further requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. Where BMP requirements have been or are promulgated by the City or any federal, state of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
B.
New Development and Redevelopment. The City may adopt requirements identifying appropriate post-construction BMPs consistent with California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for New Development and Redevelopment or equivalent. The purpose of the BMPs is to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects after construction as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this division.
C.
Construction. The City may adopt requirements identifying appropriate construction BMPs consistent with the CASQA Stormwater BMP Handbook for Construction or equivalent. The purpose of the BMPs is to control the volume, rate, and potential pollutant load of storm water runoff during construction for new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this division, and the City's grading ordinance, Division 14.19.
D.
Responsibility to Implement BMPs. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
Details of CASQA BMP Handbooks for New Development and Redevelopment and Construction required by the City for use under this division can be obtained from the Public Works Department and/or Community Development Department.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.015 Best Management Practices for Construction Activities.
A.
Any person performing construction or demolition activities that result in land disturbance in the City shall implement appropriate BMPs to prevent the discharge of construction waste or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse. The City will require, as a condition of executing a subdivision or public improvement agreement or issuing a grading, building or encroachment permit, the implementation of BMPs to ensure that the discharge of pollutants from a construction site will be effectively prohibited and will not cause or contribute to a condition of pollution or to an exceedance of water quality standards. The person who possesses the title of the real property or the leasehold interest of the premises on which a construction activity will occur within the City shall implement such BMPs approved by the City to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards.
B.
Any person doing work in the City must submit for review and approval a construction erosion and sediment control plan, as described in the City's Grading, Erosion, and Sediment Control Ordinance, Division 14.19. No construction activity shall commence before the City issues written approval of the erosion and sediment control plan. An SWPPP developed pursuant to the construction general permit may substitute for the erosion and sediment control plan for projects where an SWPPP is developed. In such cases, the SWPPP must comply with this chapter and must be submitted to the City for review and approval. All construction projects performed in the City must comply with the following provisions:
1.
Projects regulated under the state construction general permit shall present evidence of coverage under the state construction general permit.
2.
Projects not covered by the state construction general permit shall comply with the NPDES General Permit CAS000004 WDR for storm water discharges from small municipal separate storm sewer systems.
3.
The City will conduct site inspections after BMPs have been put in place and prior to any ground disturbance. The City shall also conduct routine inspections during construction to verify that BMPs remain in place and are effective.
4.
Upon completion of a construction project, the City will inspect the site to ensure that all disturbed areas are stable and that all temporary erosion and sediment control measures no longer needed have been removed.
C.
When any work is being performed contrary to the provisions of this section, the City may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in the City Municipal Code.
D.
Cost Recovery. The applicant for a development project subject to the requirements of this chapter shall pay all costs and expenses incurred by the City in the review of project plans and inspection of construction sites for compliance with this chapter in accordance with the latest master fee schedule adopted by the City Council.
(Ord. 1985, Added, 07/25/2023)
§ 14.26.030.020 Best Management Practices for New Development and Redevelopment.
A.
Post-Construction Best Management Practices. New development and redevelopment projects are required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of storm water runoff, including, but not limited to, requirements to minimize the generation, transport, and discharge of pollutants.
B.
Maintenance of Storm Water Management Facilities. New development and redevelopment shall be required to maintain storm water management facilities installed as part of the post-construction BMP's requirements and as a condition of a land use entitlement. Failure to maintain such facilities shall be subject to enforcement in accordance with Chapter 14.26.050 of this code and/or is deemed a public nuisance in accordance with Chapter 8.10 of this code.
C.
Implementation of a post-construction BMP design plan which includes a storm water facilities operation and maintenance plan by the applicant shall be a condition of a land use entitlement and precedent to the issuance of a building permit or a construction permit for a project subject to this section.
D.
Post-Construction BMP Design Plan Requirements.
1.
Development and redevelopment projects must be planned, designed and constructed consistent with the post-construction standards in the City's NPDES General Permit CAS000004 WDR for storm water discharges from small municipal separate storm sewer systems and in accordance with the City's post-construction standards plan. The post-construction standards and requirements include, but are not limited to, the use of source control, low impact development, and hydromodification measures, as applicable. Details of the post-construction standards plan required by the City for use under this division can be obtained from the Public Works Department and/or Community Development Department.
2.
For each new development and redevelopment project subject to the development runoff requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the City, the applicant shall submit a post-construction BMP design plan which shall consist of measures that reduce storm water pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, storm water treatment measures, hydromodification management measures or equivalent measures.
3.
The post-construction BMP design plan shall include a storm water management facilities operation and maintenance plan (O&M plan) in accordance with the NPDES General Permit CAS000004 WDR and the City's post-construction standards plan. The person(s) or organization(s) responsible for maintenance shall be designated in the O&M plan. All storm water management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Unless a different time period is provided for in the O&M plan, those responsible for maintenance shall inspect the storm water management facility at least annually. The O&M plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a storm water management facility in accordance with this chapter or the O&M plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Section 14.26.050.040.
4.
Replacement of Storm Water Control Measures. Once a storm water control measure reaches the end of its life cycle or has been damaged and can no longer operate as designed, the storm water control measure shall be replaced by the landowner at the landowner's expense. Replacement storm water control measures replaced in kind or with different technologies shall, at a minimum, meet the requirements of the current post-construction standards plan and the requirements prescribed in this chapter.
5.
Records of Installation and Maintenance. Persons responsible for the operation and maintenance of storm water control measures shall retain records of the initial installation of the storm water control measures and records of all maintenance and repairs. All such records shall be retained in accordance with the City of Vacaville Retention Schedule. These records shall be made available to the City during inspection of the storm water control measures and at other reasonable times upon request.
6.
Unlawful to Tamper With Storm Water Control Measures. It shall be unlawful to tamper with or knowingly render inoperable any storm water control measure.
E.
Self-Certification Reports and Inspections.
1.
All person(s) or organization(s) responsible for storm water management facilities shall annually submit to the City Manager or his/her designee a self-certification report demonstrating compliance with the approved O&M plan. The self-certification report shall verify that the operating condition of the storm water control measures is in good working order and that the storm water maintenance plan has been executed to ensure that storm water control measures continue to perform adequately. The City may conduct inspections of the storm water control measures to confirm the information filed in the self-certification report. It shall be unlawful to make any false statement or representation in a self-certification report submitted to the City.
2.
If persons or organizations responsible for storm water management facilities fail to submit the required self-certification report, the City Manager or his/her designee may conduct an inspection of the storm water control measures to verify compliance with the approved storm water maintenance plan. If the City Manager or his/her designee determines the storm water management permittee is not in compliance with the storm water maintenance plan, or the storm water control measures are not in good working order, the City Manager or his/her designee may issue a compliance order pursuant to Section 14.26.050.070 setting forth a schedule for compliance. The City Manager or his/her designee shall perform a follow-up reinspection at the conclusion of the schedule for compliance. Each time a reinspection is required beyond the initial follow-up reinspection for the compliance order, a reinspection fee will be charged to the permittee, until such time that the permittee comes into compliance. The amount of the reinspection fee shall be established by City Council resolution. Any unpaid costs owed by the permittee may be charged as a lien against the property.
F.
Authorization to Review. The City has the authority to review designs and proposals for new development and redevelopment projects to determine whether adequate post-construction BMPs will be installed, implemented, and maintained after construction and final stabilization.
G.
Authorization to Inspect. For each new development and redevelopment project subject to the development runoff requirements, or where deemed appropriate by the permitting agency, City staff shall be provided access to storm water management facilities for inspections, as provided in Section 14.26.040.010, and, through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.030 Best Management Practices for Existing Facilities.
A.
Every person undertaking any activity or use of a premises that may cause or contribute to storm water pollution or contamination, illicit discharges, or non-storm water discharges, such as, but not limited to, construction activities, landscaping, landscaping maintenance, shall: (1) comply with best management practices guidelines or pollution control requirements established or imposed by the authorized enforcement official; (2) implement appropriate BMPs to prevent the discharge of wastes or contaminants from materials, tools and equipment from entering the storm drain system; and (3) properly operate and maintain any treatment control device or other measures utilized on the premises to prevent or reduce, to the maximum extent practicable, storm water pollution or contamination, illicit discharges or non-storm water discharges, as required by the authorized enforcement official.
B.
Persons owning or operating a parking lot, gas station, areas of pavement or similar facility shall clean the same as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City's storm drain system.
C.
The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner's or operator's expense.
D.
Maintenance Agreement. The City may require owners of existing commercial and industrial facilities to enter into an agreement with the City for the maintenance of BMPs.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.040 Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Section 14.26.040.010, the City Manager or his/her designee may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.050 Requirement to Eliminate or Secure Approval for Illicit Connections.
A.
The City Manager or his/her designee may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this division to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this division.
B.
If, subsequent to eliminating a connection found to be in violation of this division, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.060 Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.
The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property in accordance with any required state or federal permits.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.070 Requirement to Remediate.
Whenever the City Manager or his/her designee finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or waters of the United States, the City Manager or his/her designee may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected properties restored within a specified time pursuant to the provisions of Sections 14.26.050.070 through 14.26.050.140.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.080 Requirement to Monitor and Analyze.
The City Manager or his/her designee may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the United States to undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.030.090 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the City's Public Works Department in person or by phone no later than five p.m. on the date of the occurrence. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.040.010 Authority to Inspect.
Whenever necessary to make an inspection to investigate the implementation of any provision of this division or to enforce any provision of this division, or whenever the City Manager or his/her designee has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this division, the City Manager or his/her designee may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water control measure implementation and compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.040.020 Authority to Sample, Establish Sampling Devices, and Test.
During any inspection as provided herein, the City Manager or his/her designee may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.010 Purpose and Intent.
The City Council hereby finds and determines that the abatement of municipal code violations and public nuisances within the City is a matter of local concern and serves an important public purpose, i.e., to protect the public health, safety and welfare. It is the intent of this chapter to provide the City with several mechanisms for such purpose, including a mechanism to impose administrative fines and to collect the costs of abatement. Nothing contained in this chapter shall impose any responsibility on the part of the City to undertake the abatement of a nuisance arising between private neighboring properties or other private nuisance.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another meaning or intent. Whenever any reference is made herein to any local, state, or federal law, the reference includes any subsequent amendment or superseding provision.
"Abate"
means to repair, replace, remove, destroy or otherwise remedy the act or condition in question by such means and in such manner and to such an extent as the enforcement officer in his or her sole discretion determines is necessary in the interest of the public health, safety and welfare.
"City"
means the City of Vacaville.
"City Clerk"
means the duly elected City Clerk of the City of Vacaville or designee.
"City Manager"
means the City Manager of the City of Vacaville or designee.
"Costs of abatement"
means the City's enforcement costs, including, but not limited to, the City's actual expenses and costs in responding to the violation(s); personnel costs, direct and indirect, in enforcing this division; reasonable attorneys' fees; preparing notices and administrative citations; participating in or conducting any hearings subject to this chapter; and collection costs by use of all available legal means, including, but not limited to, means available for the collection of judgments, special assessments and liens, and actions for recovery of money.
"Enforcement officer"
means any department head authorized by the City Manager to enforce a violation of this division.
"Hearing Examiner"
means an impartial hearing examiner contracted by the City.
"Owner" and "property owner"
are used interchangeably and mean the owner(s) of record of real property as shown on the latest equalized tax assessment roll of Solano County or as otherwise known to the City by virtue of more recent and reliable information.
"Person"
means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
"Real property," "property" and "premises"
are used interchangeably and mean all real property, including, but not limited to, front yards, side yards, rear yards, driveways, walkways, and adjacent streets and sidewalks, and shall include any building or other structure located on such property.
"Responsible person"
means any agent, tenant, occupant, or other person having charge or control of any real property that is subject to this chapter, or any other person who violates the provisions of this division.
"Tenant" or "occupant"
means that person utilizing, residing at, or occupying the real property in question.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.030 Scope of Application.
The provisions of this chapter shall apply to all violations of any prohibitions, or failure to meet a requirement, of this division, or state or federal regulations, as the same now exists or may be hereafter amended or renumbered from time to time.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.040 Responsibility.
Every person within the City is required to manage the conduct of his or her affairs in a manner so as not to violate the provisions of this division. Such persons shall be liable for violations of this division, regardless of any contract or agreement with any third party.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.050 Authority.
The enforcement officer shall be responsible for administering and enforcing the provisions of this chapter. The enforcement officer shall have the authority to designate employees as enforcement officers to assist with enforcement responsibilities.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.060 Public Nuisance.
Violations of any prohibitions, or failure to meet a requirement, of this division, or state or federal regulations, are declared to be a public nuisance and may be abated in accordance with this chapter.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.070 Notice to Abate.
A.
In addition to all other legal remedies, the enforcement officer may issue a notice to abate a violation of this division. The notice shall be substantially in the following form:
NOTICE TO ABATE VIOLATION(S) OF THE VACAVILLE MUNICIPAL CODE |
(Name and address of person notified) |
You are hereby notified that you are responsible for the following violation(s) of the Vacaville Municipal Code: |
You are hereby notified to abate the violation(s) within _____ days of the date of this notice. If you fail to abate the violation(s) within such time period the costs of abatement, including but not limited to attorneys' fees, may be charged to you as a civil debt and/or made a lien or special assessment. You may also be subject to administrative fines for each day that you allow the violation(s) to continue. Abatement is to be accomplished in the following manner: |
You may appeal this notice by filing a written request for appeal hearing with the city department listed below, no later than 10 days from the date of the mailing of this notice. Failure to appeal this notice within such 10 day time period will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter. |
Dated: ____________________ |
By:_______________________ |
Department:________________ |
B.
In the event the owner or other responsible person fails to abate the violation within the time provided in the notice to abate, the enforcement officer may file in the office of the County Recorder a notice of pending nuisance abatement proceeding, describing the property and certifying that the property is being maintained as a public nuisance. The manner of giving notice of such filing shall be provided in the same manner as a notice to abate.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.080 Manner of Giving Notice.
A.
The notice to abate shall be served upon the property owner and any other responsible person, and the holder of any other estate or legal interest of record. The notice may be personally delivered or sent by first class mail and posted conspicuously on or in front of the property. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this chapter as to any other person duly served.
B.
Any duly issued notice shall be conclusively deemed to be adequate notice, and the failure of any person to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings under this chapter.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.090 Hearing of Appeal on Notice to Abate.
A.
Notwithstanding the provisions of Section 14.26.050.110, any person receiving a notice to abate under Section 14.26.050.070 may appeal the determination of the City Manager or his/her designee to the Hearing Examiner. The appeal shall be in writing and received by the City Clerk within 10 calendar days from the date of service of the notice to abate. The written appeal shall be accompanied by a nonrefundable fee established by the City's then-current fee schedule. Failure to file a timely appeal will be considered a failure on the part of the person to exhaust his or her administrative remedies for the purpose of seeking judicial review. The City Clerk shall provide at least 10 calendar days' prior written notice of the date, time and place of the hearing. The appeal shall be heard by the Hearing Examiner.
B.
The City shall have the burden of establishing by a preponderance of the evidence a violation of this division. The Hearing Examiner shall hear testimony offered on behalf of the City and rebuttal testimony offered on behalf of the owner or other responsible person. The failure to appear by the owner or other responsible person shall be deemed a final adjudication of the notice to abate as to such person.
C.
Only upon consent by the City, the Hearing Examiner may offer the owner or other responsible person alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc., in lieu of enforcement proceedings, penalties, and remedies authorized by this chapter.
D.
The decision of the Hearing Examiner shall be issued in writing within 10 days of the conclusion of the hearing and shall be personally delivered or sent to the parties by first class mail. In the event the Hearing Examiner upholds the notice to abate, the decision shall inform the owner or other responsible person that he or she may seek review of the decision within 90 days in accordance with Section 1094.6 of the California Code of Civil Procedure.
E.
The Hearing Examiner does not have the authority to order the owner to evict a tenant or any other person who has a possessory or legal interest in the property.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.100 Abatement by City.
A.
Upon the abatement by the City of a violation of this division, all the costs of abatement shall constitute a civil debt owing to the City jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the City.
B.
If the debt is not paid upon demand, then a special assessment or lien against the property may be applied in accordance with this chapter, or in accordance with applicable state law, including but not limited to Sections 38773.1 and 38773.5 of the California Government Code.
C.
It is unlawful for any person to interfere, hinder or refuse to allow the City to lawfully enter upon private property for the purpose of abating the violation.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.110 Summary Abatement of Immediate Dangers.
Whenever any violation causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the public health, safety and welfare, the enforcement officer shall have the authority to summarily abate the same, and the owner or other responsible person shall be liable for the City's costs of abatement.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.120 Administrative Fines for Violations of Division.
A violation of this division may be punishable as an infraction or misdemeanor, within the discretion of the enforcement officer. The fines shall be levied as follows:
A.
Infractions. Except as provided in subsection B of this section, an infraction is punishable by:
1.
A fine not exceeding one hundred dollars for the first violation;
2.
A fine not exceeding two hundred dollars for the second violation within any consecutive 12-month period; and
3.
A fine not exceeding five hundred dollars for the third or subsequent violation within any consecutive 12-month period.
B.
An infraction committed in violation of the City's building and safety codes is punishable by:
1.
A fine not exceeding one hundred dollars for the first violation;
2.
A fine not exceeding five hundred dollars for the second violation within any consecutive 12-month period; and
3.
A fine not exceeding one thousand dollars for the third or subsequent violation within any consecutive 12-month period.
C.
Misdemeanors. A misdemeanor is punishable by a fine not exceeding one thousand dollars, imprisonment, or both.
D.
The administrative fines shall constitute a civil debt owing to the City jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the City.
E.
Each day or portion thereof that the provisions of this division are violated shall be deemed a separate offense.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.130 Notice to Pay Costs of Abatement and Administrative Fines.
A.
In the event the owner or other responsible person fails to abate the violation within the time provided in the notice to abate, the enforcement officer may provide such person with a notice to pay the costs of abatement and administrative fines. The notice shall be substantially in the following form:
NOTICE TO PAY COSTS OF ABATEMENT AND ADMINISTRATIVE FINES |
(Name and address of person notified) |
On _______ you were notified that you were responsible for the following violation(s) of the Vacaville Municipal Code: |
You failed to abate the violation(s) within the time period provided in the notice. |
You are hereby assessed the following costs of abatement, which may be charged to you as a civil debt and/or made a lien or special assessment: |
You are hereby further assessed the following administrative fines: |
The foregoing costs of abatement and administrative fines are due and payable by you no later than 10 days from the date of this notice. If you fail to pay the foregoing amounts within the 10 day time period, a 10% late payment fee will additionally be assessed against you. |
You may appeal this notice by filing a written request for appeal hearing with the city department listed below, no later than 10 days from the date of the mailing of this notice. Failure to appeal this notice within such 10 day time period will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter. |
Dated: ____________________ |
By:_______________________ |
Department:________________ |
B.
The giving of notice, the right to an administrative hearing and the conduct of the hearing shall be provided in the same manner as a notice to abate. In the event the Hearing Examiner upholds the notice to pay, the decision shall inform the owner or other responsible person that he or she may seek review of the decision within 20 days in accordance with Section 53069.4 of the California Government Code.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.140 Imposition of Special Assessment or Nuisance Abatement Lien to Recover Costs of Abatement.
When the costs of abatement are not paid as required by the notice to pay or order of the Hearing Examiner, in addition to all other remedies available to the City, the City may:
A.
Special Assessment. Impose the costs of abatement as a special assessment against the real property pursuant to Section 38773.5 of the California Government Code, following confirmation of the assessment amount by the City Council. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. Pursuant to Section 38773.5 of the California Government Code, notice shall be given to the record owner prior to the recordation of the assessment by certified mail, if the owner's identity can be determined from the County Assessor's or County Recorder's records, and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Subject to the requirements of Section 3691 of the California Revenue and Taxation Code, the City shall have the right to conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent; or
B.
Lien. Impose the costs of abatement as a lien against the real property pursuant to Section 38773.1 of the California Government Code, following confirmation of the lien amount by the City Council. Thereafter, said lien shall have the force, effect, and priority of a judgment lien. Pursuant to Section 38773.1 of the California Government Code, notice shall be given to the record owner prior to the recordation of the lien in the same manner as summons in a civil action pursuant to Section 415.10 et seq. of the California Code of Civil Procedure. If the owner cannot be located after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation in Solano County. A nuisance abatement lien authorized by this section shall specify the amount of the lien, that the lien is being imposed in the name of the City, the date of the notice to abate, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. The proposed lien shall be confirmed by resolution of the City Council in the same manner as a special assessment.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.150 Special Assessment and Nuisance Abatement Liens – Cost Report.
The costs of abatement for each separate lot or parcel of land shall be reported to the City Council for a cost hearing pursuant to this chapter. Such report shall refer to each separate lot or parcel of land by description that is sufficient for reasonable and ready identification of the property, together with the costs of abatement proposed to be assessed against it.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.160 Special Assessment and Nuisance Abatement Liens – Notice of Hearing.
Pursuant to Section 54988 of the California Government Code, the record owner shall be provided by certified mail with a notice of hearing at least 45 days prior to the hearing. The notice of hearing shall be in substantially the following form:
NOTICE OF HEARING ON SPECIAL ASSESSMENT/NUISANCE ABATEMENT LIEN |
NOTICE IS HEREBY GIVEN that the City of Vacaville has abated a nuisance from the real property owned by you, which real property is described as follows: (insert description of real property sufficient for reasonable and ready identification) |
The costs of abatement proposed to be assessed against said property is $______. |
FURTHER NOTICE IS HEREBY GIVEN that on _______________, 20__, at ___ p.m., in the council chambers of the city hall of the City of Vacaville, located at 650 Merchant Street, Solano County, California, the cost report for the proposed assessment/nuisance abatement lien will be presented to the city council for consideration, correction and confirmation and that at said time and place any and all persons interested in or having any objections to said report may appear and be heard. The failure to make any objection to said report shall be deemed a waiver of the same. |
FURTHER NOTICE IS HEREBY GIVEN that the real property may be sold after three years by the tax collector for unpaid delinquent assessments. |
Dated: ___________________________ |
City of Vacaville |
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.170 Special Assessment and Nuisance Abatement Liens – Cost Hearing.
At the time and place fixed for receiving and considering the report, the City Council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the City Council shall make such corrections or modifications to the cost report which it may deem to be excessive or otherwise incorrect after which such costs shall be confirmed by resolution of the City Council and the amount thereof shall be deemed to be final and conclusive.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.180 Treble Costs of Abatement.
In addition to any other remedy provided in this chapter or available at law, upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding a property owner is responsible for a condition that may be abated in accordance with this chapter, the court may order that person to pay treble the costs of abatement pursuant to Section 38773.7 of the California Government Code. This section does not apply to conditions abated pursuant to Section 17980 of the California Health and Safety Code.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.190 Attorneys' Fees.
Pursuant to Section 38773.5 of the California Government Code, reasonable attorneys' fees may be recovered by the prevailing party in any action, administrative proceeding, or special proceeding to abate a violation of this division, if the City elects, at the initiation of the proceeding, to seek recovery of its own attorneys' fees.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.200 Potential Violations of the Clean Water Act and/or Porter-Cologne Act.
Any person who violates any provision of this division or any provision of any requirement issued pursuant to this division may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.
(Ord. 1985, Amended, 07/25/2023)
§ 14.26.050.210 Chapter Not Exclusive.
The procedures provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this City or by state or federal law. The use of one remedy shall not prevent or diminish the use of any other remedy.
(Ord. 1985, Amended, 07/25/2023)
