Chapter 6.32
STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS1
Sections:
6.32.030 Illicit discharges and connections.
6.32.050 Construction sites requiring building permit and/or grading plan.
6.32.055 New development/redevelopment pollution reduction.
6.32.060 Industrial activity sites.
6.32.090 Disclaimer of liability.
6.32.010 Purpose.
The purpose of this chapter is to protect the health, safety and general welfare of the citizens of the city and state of California by:
(A) Regulating non-storm water discharge to the storm drain system;
(B) Providing for the control of spillage, dumping or disposal of materials into the storm drain system;
(C) Reducing pollutants in storm water and urban runoff to the maximum extent practicable. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.020 Definitions.
As used in this chapter, the following terms have the meanings prescribed:
“Areas susceptible to runoff” means those areas within a real property exposed to rainfall or other precipitations (e.g., sprinkler irrigation) or the flow of any fluid.
“Authorized enforcement officer” means the director of the department of public works of the city, including any person designated by the director to enforce the provisions of this chapter.
“Best management practices (BMPs)” means storm water pollution control practices applicable to existing properties that significantly reduce and control storm water runoff and prevent non-storm water runoff pollution from entering the storm drain system and the Pacific Ocean.
“Biofiltration” means a LID BMP that reduces storm water pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term “biofiltration” as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain. Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
“Bioretention” means a LID BMP that reduces storm water runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. A bioretention BMP may be designed with an overflow drain, but may not include an under-drain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the MS4 permit as biofiltration.
“Bioswale” means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect storm water runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.
“Brownfield development” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
“Certificate of occupancy” means the city building official’s final construction approval and authorization to use a facility.
“Code” means the Cerritos Municipal Code and the City Charter of the city of Cerritos.
“Development” means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
“Directly adjacent” means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
“Discharge” means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.
“Disturbed area” means an area altered as a result of clearing, grading and/or excavation of earth.
“Hazardous waste” means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code and any substance designated pursuant to 40 CFR 302. This includes unlisted hazardous substances that are solid wastes, as defined in 40 CFR 261.2, that are not excluded from regulation as hazardous wastes under 40 CFR 261.4(b) if they exhibit any of the characteristics identified in 40 CFR 261.20 through 261.24.
“Illicit connection” means any man-made conveyance which is connected to the storm drain system that conveys, or has the potential to convey, an illicit discharge.
“Illicit discharge” means any discharge into the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes or regulations. The term “illicit discharge” includes any non-storm water discharge, except those discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted by the current MS4 permit applicable to the city of Cerritos.
“Infiltration BMP” means a LID BMP that reduces storm water runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
“LID” means low impact development, which consists of building and landscape features designed to retain or filter storm water runoff.
“Low impact development plan (LID plan)” means such plan prepared by the project applicant pursuant to Section 6.32.055.
“MS4” means the municipal separate storm sewer system, otherwise referred to as the storm drain system.
“Municipal NPDES permit (MS4 permit)” means the current, area-wide NPDES permit issued to a government agency or agencies permitting the discharge of storm water from an MS4.
“New development” for the purposes of this chapter means land-disturbing activities, structural development (including construction or installation of a building or structure), creation of impervious surfaces, and land subdivision.
“Non-storm water runoff” means the flow of any fluid that is not entirely composed of storm water.
“NPDES” means the National Pollutant Discharge Elimination System.
“NPDES construction permit” means a permit issued by the Regional Water Quality Control Board to owners/developers for construction activity to control sediment and other pollutants from entering the storm drain system.
“NPDES industrial permit” means a permit issued by the Regional Water Quality Control Board to owners/operators of specific categories of industrial facilities identified in federal regulations to discharge storm water into the storm drain system.
“Planning priority projects” for the purposes of this chapter means those projects specified in Section 6.32.055 that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective projects.
“Rainfall harvest and use” means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or nonpotable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department.
“Redevelopment” for the purposes of this chapter means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land-disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
“Storm drain system” means those facilities that convey storm water runoff and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, curbs, gutters, catch basins, conduits, streams, channels, creeks and rivers.
“Storm water” means water that originates from atmospheric moisture (rainfall, hail, snow or snowmelt) and that falls onto land, water or other surfaces.
“Storm water pollution prevention plan (SWPPP)” means the operator/owner-prepared plan that identifies BMPs for implementation and monitors the effectiveness of the BMPs for a specific commercial/industrial facility.
“Storm water runoff” means the surface flow of storm water.
“Urban runoff” means fluid flows originating from precipitation and other sources found in the storm drain system. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.030 Illicit discharges and connections.
(A) No person or business shall cause or allow any illicit discharge from their property of non-storm water runoff to enter the storm drain system, unless such discharge is authorized by an NPDES permit.
(B) No person or business shall construct or use an illicit connection that operates intentionally or unintentionally. Any such connection shall be removed.
(C) The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other types of automotive service facilities are cleaned is prohibited.
(D) The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations is prohibited.
(E) To the maximum extent practicable, discharges to the MS4 from areas where machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze are repaired is prohibited.
(F) The discharge of untreated runoff to the MS4 from storage areas of materials containing grease, oil or other hazardous substances, and uncovered receptacles containing hazardous materials is prohibited.
(G) The discharge of commercial/municipal swimming pool filter backwash to the MS4 is prohibited.
(H) The discharge of untreated runoff from the washing of toxic materials from paved and unpaved areas to the MS4 is prohibited.
(I) The washing of impervious surfaces in industrial/commercial areas that results in a discharge of untreated runoff to the MS4 is prohibited or shall be controlled to the maximum extent practicable unless specifically required by state or local health and safety codes.
(J) The discharge from washing out concrete trucks to the MS4 is prohibited.
(K) Industrial and commercial motor vehicle parking lots with more than twenty-five spaces that are located in areas exposed to storm water shall be regularly swept, or other equally effective measure taken, to remove debris.
(L) The placement of machinery and equipment that are to be repaired or maintained shall be such that leaks, spills and other maintenance related pollutants are not discharged to the MS4.
(M) In order to control spills, dumping or disposal of materials to the MS4, the following are prohibited:
(1) Littering;
(2) Disposal of leaves, dirt or other landscape debris into a storm drain;
(3) The discharge to the MS4 of any pesticide, fungicide, or herbicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation;
(4) The improper disposal of food wastes;
(5) The disposal of hazardous wastes into trash containers for municipal trash disposal so as to cause a discharge to the MS4.
(N) In areas exposed to storm water, the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that may have potential adverse impacts on water quality is required.
(O) The following BMPs shall be adhered to by all persons within the city:
(1) Collection, Storage and Minimization of Runoff.
(a) Water used for irrigation purposes shall not be allowed to run off of a site. In addition, washing down of paved areas shall be prohibited unless necessary for health or safety purposes and is not in violation of any provision of this code.
(b) The uncovered outdoor storage of unsealed containers of building materials such as dirt, wood and wood products, mineral aggregates, liquids, and other building materials containing hazardous materials is prohibited in areas susceptible to runoff.
(2) Maintenance of Equipment.
(a) Objects such as vehicle parts containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be in areas susceptible to runoff.
(b) Maintenance of vehicles and equipment in an uncovered outdoor area shall be performed on a pad of absorbent material to contain leaks, spills or discharges.
(3) Removal of Debris and Residue.
(a) Fuel and chemical residue or other types of potentially harmful material, such as animal waste, and refuse, which are located in areas susceptible to runoff, shall be removed immediately and disposed of properly.
(b) Intentional disposal into a storm drain of green waste debris such as landscaping clips, grass, tree branches, and other vegetable materials, is prohibited.
(P) The discharge of gray water to the streets or the storm drains is prohibited. Gray water is water that is discharged from sinks, showers, tubs, washing machines and garbage disposals.
(Q) Any discharge that would result in, or constitute, a violation of NPDES Permit No. CAS614001, available for viewing at the department of public works, or any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge and such person(s) shall defend, indemnify and hold harmless the city in any administrative or judicial action relating to such discharge.
(R) Where best management practices, standard urban storm water mitigation plan and/or similar requirements have been duly and legally adopted and imposed by any federal, state of California, regional and/or local regulatory agency with jurisdiction over the city of Cerritos pertaining to any activity, operation or facility that causes or contributes to storm water pollution or illicit discharges to the storm water system, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements, including obtaining all necessary permits. If the requirements set forth in this chapter are more stringent than the best management practices, standard urban storm water mitigation plan and/or similar requirements duly and legally adopted and imposed by a federal, state of California, regional and/or regulatory agency with jurisdiction over the city of Cerritos, the city engineer may waive the requirements imposed by this chapter upon a finding of good cause. (Ord. 986 § 1 (part), 2014: Ord. 853 § 1, 2002; Ord. 852 § 1, 2002; Ord. 777 § 1 (part), 1997)
6.32.040 Illicit disposal.
(A) No person or business shall spill, dump, dispose or place any material, other than storm water runoff, into any storm drain system.
(B) No person or business shall throw, deposit, place, leave, maintain, or permit to be thrown, deposited, or placed any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, stone drain, inlet, catch basin conduit or drainage structure, or upon any public or private plot of land in the city, so that the same might become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facilities. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.050 Construction sites requiring building permit and/or grading plan.
(A) Any person or business engaging in construction activity that requires an NPDES construction permit must obtain that permit from the Regional Water Quality Control Board, and must demonstrate possession of such permit before grading and/or building permits can be issued. The NPDES construction permit shall be retained on site and shall be shown to the authorized enforcement officer upon request.
(B) No grading permit shall be issued for developments with a disturbed area of land one acre or greater unless the applicant can show that a notice to comply with the state construction activity storm water permit has been filed and an SWPPP has been prepared.
(C) The following BMPs shall apply to all projects under construction in the city at the time of demolition of an existing structure or commencement of new construction, and shall remain in place until receipt of a certificate of occupancy.
(1) Runoff, sediment and construction debris shall not leave the site and enter the storm drain system.
(2) Any sediments or other materials which are tracked off site shall be removed the same day as they are tracked off site. Where determined necessary by the authorized enforcement officer, a temporary sediment barrier shall be installed.
(3) Drainage controls to prevent runoff from leaving the site shall be utilized as needed, depending on the topography of the site and extent of proposed grading. These controls may include but are not limited to the following:
(a) Detention ponds, sediment ponds or infiltration pits;
(b) Dikes, filter berms or ditches;
(c) Down drains, chutes or flumes.
(4) Plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.
(5) Excavated soil shall be located on the site in a manner that eliminates the possibility of sediments running off site. Soil piles shall be covered until the soil is either used or removed.
(6) No runoff from washing construction or other industrial vehicles on site shall be permitted to leave the site or enter the storm drain system.
(7) The city may, as a condition of granting a construction permit, set reasonable limits on the clearing of vegetation from construction sites, including but not limited to regulating the length of time during which soil may be bare and, in certain sensitive cases, prohibit bare soil. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.055 New development/redevelopment pollution reduction.
(A) Objective. The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the current applicable MS4 permit to lessen the water quality impacts of development by using smart growth practices and to integrate LID practices and standards for storm water pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use.
(B) Scope. This section contains requirements for storm water pollution control measures in development and redevelopment projects, and authorizes the city to further define and adopt storm water pollution control measures, and to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.
(C) Applicability. The following development and redevelopment projects shall be designated as planning priority projects, which are subject to city conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution prior to completion of the projects, and shall meet the requirements of this section:
(1) Development Projects.
(a) All development projects equal to one acre or greater of disturbed area that adds more than ten thousand square feet of impervious surface area.
(b) Industrial parks with ten thousand square feet or more of surface area.
(c) Commercial malls with ten thousand square feet or more of surface area.
(d) Retail gasoline outlets with five thousand square feet or more of surface area.
(e) Restaurants with five thousand square feet or more of surface area.
(f) Parking lots with five thousand square feet or more of impervious surface area, or with twenty-five or more parking spaces.
(g) Streets and roads construction with ten thousand square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.
(h) Automotive service facilities with five thousand square feet or more of surface area.
(i) Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area, where the development will:
(i) Discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and
(ii) Create two thousand five hundred square feet or more of impervious surface area.
(j) Single-family hillside properties.
(2) Redevelopment Projects.
(a) Land-disturbing activity that results in the creation, addition or replacement of five thousand square feet or more of impervious surface area on an already developed site of one of the projects identified in this subsection.
(b) Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, the entire project must be mitigated.
(c) Where redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, only the alteration must be mitigated, and not the entire development.
(d) Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.
(e) Existing single-family dwellings and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet or more of impervious surface area.
(D) Requirements. The site for every planning priority project identified in subsection (C) of this section shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use. The project applicant shall prepare a LID plan which implements set LID standards and practices for storm water pollution mitigation and provides documentation to demonstrate compliance with the MS4 permit on the plans and permit application submitted to the city. Such a LID plan shall comply with the following:
(1) A new single-family hillside property development shall prepare a LID plan to include mitigation measures to:
(a) Conserve natural areas;
(b) Protect slopes and channels;
(c) Provide storm drain system stenciling and signage;
(d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
(e) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.
(2) Street and road construction of ten thousand square feet or more of impervious surface shall follow US EPA guidance regarding managing wet weather with the city’s most current Green Streets Manual to the maximum extent practicable.
(3) All other planning priority projects identified in subsection (C) of this section shall prepare an LID plan to comply with the following:
(a) Retain storm water runoff on site for the storm water quality design volume (SWQDv) defined as the runoff from:
(i) The eighty-fifth percentile twenty-four-hour runoff event as determined from the Los Angeles County eighty-fifth percentile precipitation isohyetal map; or
(ii) The volume of runoff produced from a three-quarter-inch, twenty-four-hour rain event, whichever is greater.
(b) Minimize hydromodification impacts to natural drainage systems as defined in the current MS4 permit.
(4) The LID plan, including related grading and drainage plans, shall be designed in coordination with, and shall be controlled by, the landscape design for the subject property. LID plan and LID BMP elements shall not displace required landscaping, but rather shall be designed to be integrated into the landscape design. All landscape planting and irrigation plans prepared in coordination with the LID plan shall be professionally prepared by a landscape architect and shall be subject to the review and approval of the department of community development and the department of public works.
(E) Technical Infeasibility.
(1) To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred percent of the SWQDv on site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:
(a) The infiltration rate of saturated in-situ soils is less than three-tenths inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on site;
(b) Locations where seasonal high groundwater is within five to ten feet of surface grade;
(c) Locations within one hundred feet of a groundwater well used for drinking water;
(d) Brownfield development sites or other locations where pollutant mobilization is a documented concern;
(e) Locations with potential geotechnical hazards; and
(f) Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.
(2) If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half times the portion of the remaining SWQDv that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications provided in the current applicable MS4 permit.
(3) The remaining SWQDv that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required by the MS4 permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of two-tenths inch per hour, or the one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.
(F) BMP Maintenance.
(1) As a condition for issuing a certificate of occupancy for a planning priority project identified in this section, the director of public works shall require facility operators and/or owners to build all the storm water pollution control BMPs and structural or treatment control BMPs that are shown on the approved project plans.
(2) The property owner of each planning priority project shall record with the county recorder a “covenant and agreement regarding on-site LID BMP maintenance” to the satisfaction of the director of public works and prior to the clearance of the building permit final inspection, issuance of an occupancy permit or operation of the approved land use on the subject property.
(3) The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing LID BMP, or (b) replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the city and MS4 permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all LID BMPs at least once a year and retain proof of inspection.
(4) For residential properties where the LID BMPs are located within a common area which will be maintained by a homeowners’ association, language regarding the responsibility for maintenance shall be included in the project’s conditions, covenants and restrictions (CC&Rs). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what LID BMPs are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
(5) If LID BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.060 Industrial activity sites.
(A) All persons or businesses engaged in industrial activity in the city shall acquire an NPDES industrial permit from the Regional Water Quality Control Board before discharging any non-storm water runoff into the storm drain system. The NPDES industrial permit shall be retained on site and shall be shown to the authorized enforcement officer upon request.
(B) Industrial and commercial facility operators/owners shall prepare and submit to the Regional Water Quality Control Board a storm water pollution prevention plan that incorporates BMPs. To prepare their SWPPP, persons or businesses conducting industrial activities within the city should refer to the latest edition of the California Storm Water Best Management Practices Handbook for industrial/commercial facilities, produced and published by the Storm Water Quality Task Force of the American Public Works Association. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.070 Fees.
Fees to be charged for plan checking, inspection and any other activities carried out by the city under this chapter shall be set by the city council by resolution. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.080 Violation—Penalty.
(A) The violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this chapter may, at the sole discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.
(B) In addition to the penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance, may be summarily abated and/or restored by the authorized enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance.
(1) 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. If the invoice is not paid with sixty days, a lien may be placed upon and against the property. If the lien is not satisfied within three months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
(2) If any violation of this chapter constitutes a seasonal recurrent nuisance, the authorized enforcement officer shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(3) In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of suit and reasonable attorney fees.
(C) Penalties for Failure to Comply. The authorized enforcement officer shall enforce this chapter as follows:
(1) For the first failure to comply with any provision of this chapter, the authorized enforcement officer may levy a penalty of five hundred dollars for residential property violations, and five thousand dollars for commercial or industrial property violations. In addition, the enforcement officer shall issue to the affected person or business a written notice which includes the following information:
(a) A statement specifying the violation committed;
(b) A specified time period within which the affected person or business must correct the failure or file a written notice disputing the notice of failure to comply;
(c) A statement of the penalty for continued noncompliance.
(2) For each subsequent failure to comply with any provision of this chapter, following written notice issued pursuant to subsection (C)(1) of this section, the authorized enforcement officer may levy additional penalties of five hundred dollars for residential property violations, and five thousand dollars for commercial or industrial property violations each day during which a person or business fails to comply with the provisions of this chapter. Each calendar day following written notice shall constitute a separate offense.
(D) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition that constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
6.32.090 Disclaimer of liability.
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein do not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision made thereunder. (Ord. 986 § 1 (part), 2014: Ord. 777 § 1 (part), 1997)
Prior ordinance history: Ord. 748.