Chapter 13.68 STORM WATER ORDINANCE

This chapter shall be known as the “Storm Water Ordinance” of the city of Cotati and may be so cited. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.020 Purpose and intent.

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and to 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 USC Section 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. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.030 Definitions.

The terms used in this chapter shall have the following meanings:

“Best management practices” or “BMPs” means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices 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 the city determines appropriate for the control of pollutants.

“City” means the city of Cotati.

“City engineer” means the Cotati city engineer or his or her designee.

“Clean Water Act” means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.

“Construction discharger” means any person owning or operating a construction project that is required to obtain coverage under the state general construction storm water permit.

“Construction project” means any project that involves land disturbance, including, but not limited to, projects requiring coverage under the state general construction storm water permit.

“Discharger” means any individual or private or public facility that releases, spills, leaks, pumps, flows, dumps, or disposes of any substance into the city’s storm drain system.

“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).

“Illegal discharge” means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 13.68.060(B)(1), (2) and (3).

“Illicit connections” is defined as 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.

“Industrial discharger” means any public or private activity/facility which is associated with any of the eleven categories of activities defined by 40 CFR, Section 122.26(b)(14), and required to obtain coverage under the state general industrial storm water permit.

“Land disturbance” means any activity that moves soils or substantially alters the preexisting vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse.

“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, North Coast Region (hereinafter, regional board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the state general construction storm water permit and the state general industrial storm water permit.

“Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water or any release of pollutants that potentially or actually discharges to the city’s storm drain system.

“Pollutant” means anything that 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, as amended (California Water Code Section 13000 et seq.).

“Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Program leader” means the building official or other person designated by the city manager to administer the city’s storm water management program.

“State general construction storm water permit” means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

“State general industrial storm water permit” means NPDES Permit No. CAS000001, General Permit for Storm Water Discharges Associated with Industrial Activities issued by the California State Water Resources Control Board, and any amendment, revision or reissuance of such permit.

“Storm drain system” means publicly owned facilities operated by the city or by the Sonoma County Water Agency 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” means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

“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. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.040 Applicability.

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city of Cotati. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.050 Responsibility for administration.

The program leader of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the program leader may be delegated in writing by the program leader to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

ARTICLE II. DISCHARGE PROHIBITIONS

13.68.060 Prohibition of illegal discharges.

A. The release of non-storm water discharges to the city’s storm drain system is prohibited.

B. The following discharges are exempt from the prohibition set forth in subsection A of this section:

1. Any discharge in compliance with a national pollution discharge elimination system (NPDES) permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency;

2. Discharges from the following activities provided that they comply with the terms of the city’s NPDES permit, are not a significant source of pollutants and are conducted in accordance with the city’s BMP plan:

a. Flushing of potable water from potable water lines and other discharges from potable water sources,

b. Incidental and minimal landscape irrigation and lawn watering,

c. Incidental and minimal runoff from irrigation water,

d. Diverted stream flows,

e. Natural springs and rising ground waters,

f. Uncontaminated ground water infiltration to storm drains,

g. Uncontaminated pumped ground water, foundation and footing drains,

h. Water from crawl space pumps,

i. Utility vault dewatering,

j. Gravity flow from foundation, footing and crawl drains,

k. Air conditioning condensate,

l. Runoff from noncommercial car washing by residents or nonprofit organizations,

m. Flows from riparian habitats and wetlands,

n. Dechlorinated/debrominated swimming pool discharges,

o. Flows from firefighting,

p. Flows from firefighting training and equipment repair activities,

q. Fire hydrant testing, and

r. Other flows necessary for implementing BMPs directed or approved by the program leader;

3. With written concurrence of the regional board, the city of Cotati may exempt in writing other non-storm water discharges that are neither a source of pollutants to the storm drain system nor waters of the U.S.

C. Any discharge that would result in, or contribute to, a violation of any NPDES permit for storm water discharges within the city and any amendment, revision, or reissuance of such permit, 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 persons shall defend, indemnify and hold harmless the city, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge.

D. It is unlawful to establish, use, maintain or continue illicit connections to the city’s storm drain system.

E. It is unlawful to establish, use, maintain or continue drainage connections to the city’s storm drain system that are or may be a source of illegal discharges.

F. It is unlawful to commence or continue any illegal discharges to the city’s storm drain system.

G. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm drain system or upon any public or private plot of land in the city so that the same might become a pollutant, except in lawfully established waste disposal facilities. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

ARTICLE III. REGULATIONS AND REQUIREMENTS

13.68.070 Requirements for reducing pollutants in storm water.

A. Any person engaging in activities that may result in pollutants entering the city’s storm drain system shall undertake all control measures to reduce and/or eliminate such pollutants to the maximum extent practicable.

B. Any construction contractor performing work in the city shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm drain system.

C. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.

D. Every person owning or leasing property through which a watercourse passes 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 or lessee 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.

E. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

F. Each industrial discharger, construction discharger or other discharger required to obtain coverage under any general storm water permit adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general storm water permit to the program leader, and shall pay any associated monitoring and enforcement fees to the city that may be set by the city council. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit.

G. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any state of California agency, any North Coast Area agency, or the city, for any activity, operation or facility which may cause or contribute to illegal discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guidelines or requirements.

H. The program leader may require any business in the city that is engaged in activities which may result in illegal discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors.

I. The city may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of storm water runoff from 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 chapter. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.080 Requirement to eliminate illegal discharges.

The program leader 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. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.090 Requirement to eliminate or secure approval for illicit connections.

A. The program leader may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter 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 chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, 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. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.100 Requirement to remediate.

Whenever the program leader 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 water of the U.S., the program leader may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.110 Requirement to monitor and analyze.

The program leader may require by written notice 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 U.S., undertake at said person’s expense such monitoring and analyses and furnish such reports to the city of Cotati as deemed necessary to determine compliance with this chapter. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.120 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 water of the U.S. 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 non-hazardous materials, said person shall notify the city’s building official in person or by phone or facsimile no later than five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city’s building department within three business days of the phone notice. 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. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.125 Grading and erosion control requirements.

A. Grading Restrictions.

1. No grading shall occur between October 1st and April 30th for construction projects on hillsides with slopes ten percent or steeper unless the project is granted an exception by the city engineer in accordance with subsection B of this section.

2. If grading on hillsides with slopes ten percent or steeper is not completed before October 1st and no exception is granted, grading shall be halted until May 1st and effective erosion control measures shall be put in place to control erosion.

B. Exceptions to Grading Restrictions.

1. The city engineer may grant an exception to the grading restrictions set forth in subsection A of this section if the applicant can demonstrate, to the satisfaction of the city engineer, through plan review, inspections, monitoring and the use of effective best management practices that the following goals will be met:

a. The storm water discharge from the construction site will not cause or contribute to the degradation of water quality or impair beneficial uses;

b. The storm event daily average turbidity of the storm water discharge from the site will not exceed fifty NTU; and

c. The field pH of the storm water discharge from the site is between 6.5 and 8.5.

2. If an exception to the grading restrictions is granted by the city engineer, the applicant must conduct a monitoring program to demonstrate best management practices effectiveness and compliance with the above goals.

3. If the results of the monitoring program indicate that one or more of the above goals are not being satisfied, grading activities shall cease and the applicant shall improve best management practices. Grading may not resume until the applicant demonstrates to the satisfaction of the city engineer that the improved best management practices are effective at meeting the above goals.

C. Construction Projects That Cause Land Disturbance of Less Than One Acre. All construction projects that cause land disturbance of less than one acre shall implement an effective combination of the following erosion and sediment control best management practices, or equivalent, to prevent erosion and sediment loss and the discharge of construction wastes from the construction project:

1. Erosion and sediment controls such as scheduling, preservation of existing vegetation, silt fencing, fiber rolls, sand bag barriers, gravel bag berms and stabilized construction project entrance/exit.

2. Non-storm water management controls such as water conservation practices and dewatering operations for prevention of discharges to local storm drains and surface waters.

3. Waste management controls such as material delivery and storage, stockpile management, spill prevention and control, solid waste management, concrete waste management and sanitary/septic waste management.

Erosion and sediment control best management practices shall be selected and installed in accordance with best management practices handbooks such as those published by the California Stormwater Quality Association, the California Regional Water Quality Control Boards, the State Water Resources Control Board, the California Department of Transportation or equivalent.

D. Construction Projects That Cause Land Disturbance of One Acre or More. All construction projects that cause land disturbance of one acre or more shall comply with the following requirements:

1. An erosion and sediment control plan shall be prepared and submitted to the city engineer for written approval. The plan shall be developed and certified by a qualified SWPPP developer (QSD) and shall contain the information set forth in subsection E of this section.

2. A storm water pollution prevention plan (SWPPP) must be developed in accordance with the state general construction storm water permit. The SWPPP may be substituted for the erosion and sediment control plan, if approved by the city engineer.

3. Coverage under all applicable permits shall be obtained, including, but not limited to, the state general construction storm water permit and 401 Water Quality Certifications.

4. An effective combination of best management practices addressing erosion and sediment control, non-storm water management, and waste management shall be selected and installed to prevent erosion, sediment loss, and the discharge of construction waste in accordance with best management practices handbooks, such as those published by the California Stormwater Quality Association, Regional Water Quality Control Boards, or equivalent. Best management practices to be implemented may include, but are not limited to, the following:

a. Erosion controls such as scheduling, preservation of existing vegetation, hydraulic mulch, hydroseeding, soil binders, straw mulch, geotextiles and mats, and mulching.

b. Sediment controls such as fiber rolls, gravel bag berm, street sweeping and/or vacuum, storm drain inlet protection, sediment basin, check dam, silt fence, and sand bag barrier.

c. Sediment tracking controls such as stabilized construction entrance/exit and entrance/exit tire wash.

d. Non-storm water management controls such as water conservation practices, dewatering operations, vehicle and equipment washing, vehicle and equipment fueling, and vehicle and equipment maintenance.

e. Waste management controls such as material delivery and storage, stockpile management, solid waste management, spill prevention and control, concrete waste management and sanitary/septic waste management.

E. Erosion Control Plan Requirements. An erosion and sediment control plan shall contain the following information:

1. Appropriate construction project best management practices;

2. The specific locations where best management practices will be installed;

3. A maintenance schedule; and

4. The rationale for selecting the best management practices, including soil loss calculations if necessary. (Ord. 870 § 2(part), 2017).

ARTICLE IV. INSPECTION AND MONITORING

13.68.130 Authority to inspect.

Whenever it is necessary to make an inspection to enforce any provision of this chapter, or whenever the program leader has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the program leader may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.140 Authority to sample, establish sampling devices, and test.

During any inspection as provided herein, the program leader may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

ARTICLE V. ENFORCEMENT

13.68.150 Enforcement.

A. In addition to all the other enforcement remedies available to the city, the program leader may exercise any of the following enforcement powers as may be necessary to effectively implement and enforce the provisions of this chapter:

1. Notice of Violation. Whenever the program leader finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue a notice of violation. Within the time set forth in the notice of violation, the person shall submit to the program leader an explanation of the violation and a plan for the satisfactory abatement, correction, and prevention thereof.

2. Cease and Desist Order. When the program leader finds that a discharge has taken place or threatens to take place in violation of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue an order to cease and desist such discharge, or the activities or operations likely to cause such discharge, and direct that those persons not complying shall: (a) immediately discontinue any action constituting a violation of this chapter; (b) comply with a time schedule; (c) immediately contain or divert any flow of non-storm water off the premises where the flow is occurring in violation of any provision of this chapter; (d) clean up the area affected by the violation and/or (e) implement best management practices necessary to prevent future violations.

3. Stop Work Order. Whenever any work is being done contrary to the provisions of this chapter or any order or permit issued pursuant to this chapter, the program leader may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the program leader to proceed with the work.

4. Compliance Order. Whenever the program leader finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the program leader may issue a compliance order requiring any of the following actions:

a. The performance of monitoring, analyses, and reporting;

b. The elimination of illicit connections or illegal discharges;

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

d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

e. Payment of a fine to cover administrative and remediation costs;

f. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the order shall set forth a deadline within which such remediation or restoration must be completed. Said order shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the program leader and the expense thereof shall be charged to the violator.

B. Delivery of Notice. Any notice of violation, cease and desist order, stop work order or compliance order shall be subject to the following:

1. The notice or order shall state that the recipient has a right to appeal the matter as set forth in Section 13.68.160.

2. Delivery shall be deemed complete upon (a) personal service to the recipient; (b) deposit in the United States Mail, postage prepaid for first class delivery; (c) facsimile service with confirmation of receipt or (d) e-mail service with confirmation of receipt.

3. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the city.

4. Where the owner or occupant of any property cannot be located after the reasonable efforts of the program leader, a notice of violation, cease and desist order, stop work order or compliance order shall be deemed delivered after posting on the property for a period of ten business days.

C. Civil Action. Any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following:

1. A temporary restraining order, preliminary and permanent injunction;

2. Reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this chapter;

3. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages recovered under this section shall be paid to the city and shall be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control system(s) and implementing or enforcing the provisions of this chapter.

D. Remedies Not Exclusive. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.160 Appeal.

Notwithstanding the provisions of Section 13.68.190, any person receiving a notice of violation or order under Section 13.68.150 or otherwise aggrieved by a decision of the program leader may appeal the determination of the program leader to the city manager. The notice of appeal must be received by the city manager within five days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within thirty days from the date of city’s receipt of the notice of appeal. The decision of the city manager or designee shall be final. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.170 Abatement by city.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under Section 13.68.160, within ten days of the decision of the city manager upholding the decision of the program leader, then the city or a contractor designated by the program leader shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. Should any person, owner, agent or person in possession of any premises refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above, the city or designated contractor shall obtain a warrant to enter the subject property. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.180 Charging cost of abatement/liens.

Within thirty days after abatement of the nuisance by city, the program leader shall notify the property owner of the subject property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within fifteen days of said notification. The city clerk shall set the matter for public hearing by the city council. The decision of the city council shall be set forth by resolution and shall be final.

If the amount due is not paid within ten days of the decision of the city council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the county auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.190 Urgency abatement.

The program leader is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the program leader, the city of Cotati is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Cotati shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent city from seeking other and further relief authorized under this chapter. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.200 Violations.

A. It is unlawful for any person to violate any provision of this chapter or fail to comply with any notice of violation, order or permit issued pursuant to this chapter. A violation of or failure to comply with any of the requirements of this chapter or any notice of violation, order or permit issued pursuant to this chapter shall constitute a misdemeanor.

B. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be in violation of this chapter and subject to a fine not to exceed the amount that the city may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the city for noncompliance with the municipal storm water discharge permit for the Santa Rosa area.

C. Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.

D. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

E. It shall be a violation of this chapter to knowingly render any monitoring device or method inaccurate. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.210 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the program leader may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.220 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city. (Ord. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).

13.68.230 Acts potentially resulting in a violation of the Federal Clean Water Act and/or California Porter-Cologne Act.

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, 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. 870 § 2(part), 2017: Ord. 795 § 1(part), 2007: Ord. 759 § 1(part), 2004).