The purpose and intent of this chapter is to ensure the health, safety, and general welfare of City of Gilroy citizens, 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.) and the Porter-Cologne Water Quality Control Act (California Water Code Section 1300 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. No. 2011-13, § 1, 11-21-11)

27C.2 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 or the state. Best management practices (BMPs) include but are not limited to: treatment facilities and methods 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. The city has adopted the BMPs developed by the California Storm Water Quality Association (CASQA) and presented in the California Storm Water Quality Best Management Practices Handbooks (2003 and 2004 Errata). BMPs shall also include any BMP requirements promulgated by any federal, state, regional or local governmental or regulatory agency with legal authority and jurisdiction to promulgate regulations, enforce, implement or carry out the Clean Water Act and the Porter Cologne Act in regards to any activity, operation, or facility which would otherwise cause the discharge of pollutants to the waters of the United States or the state or the storm drain system.

“City” means the City of Gilroy, California.

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

“Construction activity” means activities subject to National Pollutant Discharge Elimination System (NPDES) construction permits. These include construction projects resulting in land disturbance of one (1) acre or more or projects in the city’s right-of-way. Such activities include but are not limited to clearing and grubbing, excavating, demolition, and all grading activities.

“Director” means the director of public works of the city or his or her designee.

“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.

“Illegal discharge” means any direct or indirect non-storm water discharge to the waters of the United States or the state or the storm drain system, except as exempted in section 27C.8.

“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.

“Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).

“Mobile commercial washing” means any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles, recreational vehicles, or any other vehicle, and which is moved from one (1) location to another, such as to serve customers at their residences or places of work and includes any temporary car wash event conducted by any person for the purpose of fund raising.

“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 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 general construction activity and general industrial activity permits.

“Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.

“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; dirt, 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 alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either the waters for beneficial uses or the facilities which serve these beneficial uses. Pollution may include “contamination” as defined in California Water Code Section 13050(k).

“Porter-Cologne Act” means the Porter-Cologne Water Quality Control Act and 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.

“Storm drain system” means publicly owned facilities operated by the city in 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, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR 122.2.

“Storm water” means any surface flow, runoff, and drainage consisting entirely of water from rain storm events.

“Waters of the United States or the state” means all waters that are defined as “waters of the United States” at 40 CFR 230.3(s) or “waters of the state” as defined at California Water Code Section 13050. (Ord. No. 2011-13, § 1, 11-21-11)

27C.3 Applicability.

This chapter shall apply to all water entering the waters of the United States or the state or the storm drain system, generated on any developed and undeveloped lands lying within the city including any amendments or revisions thereto. (Ord. No. 2011-13, § 1, 11-21-11)

27C.4 Responsibility for administration.

The director shall administer, implement and enforce the provisions of this chapter. (Ord. No. 2011-13, § 1, 11-21-11)

27C.5 Regulatory consistency.

This chapter 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. No. 2011-13, § 1, 11-21-11)

27C.6 Ultimate responsibility of discharger.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter 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 or the state caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 2011-13, § 1, 11-21-11)

27C.7 Prohibition of illegal discharges.

No person shall discharge or cause to be discharged into the storm drain system or waters of the United States or the state 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, whether or not the discharge of such material or pollutant is specifically prohibited in this chapter.

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 United States or the state 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: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; diverted stream flows; rising groundwater; groundwater infiltration to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated nonindustrial roof drains; springs; flows from riparian habitats and wetlands; street wash waters; and flows from fire fighting.

(b) The prohibition shall not apply to 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 of Gilroy for any discharge to the storm drain system.

(c) With written concurrence of the Regional Board, the City of Gilroy 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 United States or the state. (Ord. No. 2011-13, § 1, 11-21-11)

27C.8 Prohibition of discharges from industrial or commercial activity.

Illegal discharges from industrial/commercial sources into the storm drain system or waters of the United States or the state shall be prohibited unless permitted under a separate NPDES permit or as allowed by BMPs published or approved by the city public works department. Such discharges include, but are not limited to, the following:

(a) Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

(b) Water, cleansers, or solvents from the cleaning of vehicles, machinery or equipment, and other such commercial and industrial operations;

(d) Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

(e) Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

(f) Vehicle fluids;

(g) Mat wash water from food service facilities;

(h) Food and kitchen cleaning water from food service facilities;

(i) Leakage from dumpsters or trash containers;

(j) Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;

(k) Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, parking lots, loading docks, and other outdoor surfaces;

(l) Wastewater or cleaning fluids from carpet cleaning;

(m) Swimming pool and spa water;

(n) Wash out from concrete trucks;

(o) Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil, are stored;

(p) Super-chlorinated water normally associated with the disinfection of potable water systems. (Ord. No. 2011-13, § 1, 11-21-11)

27C.9 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 in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. No. 2011-13, § 1, 11-21-11)

27C.10 Waste disposal and litter prohibitions.

No person 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 water of the United States or state, any refuse, rubbish, garbage, litter, pet waste, pet litter or pet droppings 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. Private or commercial garbage and waste storage areas shall properly contain waste and shall not be allowed to discharge contents which can contribute to pollution. Any waste which may contain fecal material requires proper collection and disposal to prevent the discharge of fecal material to the storm drain system. (Ord. No. 2011-13, § 1, 11-21-11)

27C.11 Prohibition of discharges from landscape water runoff activity.

No person shall discharge, cause or permit any discharge fertilizer, pesticides, herbicides, or sediment into waters of the United States or the state or the storm drain system, so that the same may cause or contribute to pollution. (Ord. No. 2011-13, § 1, 11-21-11)

27C.12 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 director 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. No. 2011-13, § 1, 11-21-11)

27C.13 Leaking motor vehicles prohibition.

No person shall discharge, cause, or permit any discharge water containing grease, oil, antifreeze, or other fluids from motor vehicles into the waters of the United States or the state or the storm drain system, so that the same may cause or contribute to pollution. Any leak or spill related to vehicles or equipment shall be cleaned and contained to prevent the potential release of pollutants into storm water. (Ord. No. 2011-13, § 1, 11-21-11)

27C.14 Limitations on point of discharge.

No person shall discharge any substance directly into a manhole or other opening in a city storm drain other than through a city-approved storm drain connection. (Ord. No. 2011-13, § 1, 11-21-11)

27C.15 Requirement to prevent, control, and reduce storm water pollutants.

(a) Every person undertaking activity or operation, or owning or operating a facility which would otherwise cause the discharge of pollutants to the storm drain system or the waters of the United States or the state shall comply with BMPs.

(b) The city may require any owner or person developing real property to identify BMPs to control the volume, rate and potential pollutant load storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. Such identified BMPs shall be incorporated into 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 and other applicable sections of this code.

(c) 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 commercial or industrial facilities or residential property which will or may result in pollutants entering storm water, the storm drain system, or waters of the United States or the state 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. (Ord. No. 2011-13, § 1, 11-21-11)

27C.16 Requirement to eliminate illegal discharges.

The director 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. No. 2011-13, § 1, 11-21-11)

27C.17 Requirement to eliminate or secure approval for illicit connections.

(a) The director 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 the ordinance codified in 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. No. 2011-13, § 1, 11-21-11)

27C.18 Watercourse protection.

Every person owning property through which a watercourse passes, or such person’s lessee of such property, 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. (Ord. No. 2011-13, § 1, 11-21-11)

27C.19 Requirement to remediate.

Whenever the director 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 United States or the state, the director 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 pursuant to the provisions of sections 27C.28 and 27C.29. (Ord. No. 2011-13, § 1, 11-21-11)

27C.20 Requirement to monitor and analyze.

The director 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 United States or the state 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 chapter. The burden, including costs, of these activities, analyses, and reports shall bear a reasonable relationship to the need for the monitoring, analyses, and reports and the benefits to be obtained. (Ord. No. 2011-13, § 1, 11-21-11)

27C.21 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 United States or the state 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 or facsimile no later than 5:00 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 public works department within three (3) 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 (3) years. (Ord. No. 2011-13, § 1, 11-21-11)

27C.22 NPDES General Permit No. CAS000001 for industrial activities.

Industrial facilities which fall under the Standard Industrial Classification (SIC) by federal regulations shall obtain and comply with the State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000001 waste discharge requirements (WDRS) for discharges of storm water associated with industrial activities excluding construction activities. (Ord. No. 2011-13, § 1, 11-21-11)

27C.23 NPDES General Permit No. CAS000002 for construction activities.

For all projects disturbing a soil area of one (1) or more acres, or projects part of a larger common plan of development that in total disturbs more than one (1) acre, it shall be a condition of a subdivision map, site plan, building permit, or development or improvement plan to obtain and comply with the State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002 waste discharge requirements (WDRS) for discharges of storm water runoff associated with construction activity. (Ord. No. 2011-13, § 1, 11-21-11)

27C.24 Storm water pollution prevention plan (SWPPP) manual.

(a) A storm water pollution prevention plan (SWPPP) manual shall be a condition of a subdivision map, site plan, building permit, or development or improvement plan for all projects disturbing a soil area of one (1) or more acres, or projects part of a larger common plan of development that in total disturbs more than one (1) acre.

(b) Preparation of a SWPPP manual shall be prepared in accordance with the most current SWRCB NPDES General Permit No. CAS000002 for construction activities.

27C.25 Water pollution control.

(a) Water pollution control drawings for erosion and sediment control showing how to stabilize soil and sediment on the construction site shall be a condition of a subdivision map, site plan, building permit, or development or improvement plan.

(b) Erosion control shall be planned during the rainy season between September 15th and May 1st, and sediment control shall be planned year round for the life of the project. Erosion and sediment control shall meet the minimum standards and specifications of the CASQA BMPs.

(1) Erosion control plans shall provide details for BMPs such as but not limited to:

a. Preservation of existing vegetation.

b. Hydraulic mulch.

c. Hydroseeding.

d. Soil binders.

e. Straw mulch.

f. Geotextile and mats.

g. Wood mulching.

h. Earth dikes and drainage swales.

i. Velocity dissipation.

j. Slope drains.

(2) Sediment control plans shall provide details for BMPs such as but not limited to:

a. Silt fence.

b. Sediment basin.

c. Sediment trap.

d. Check dam.

e. Fiber rolls/straw wattles.

f. Gravel bag berm.

g. Street sweeping and vacuuming.

h. Sand bag barrier.

i. Straw bale barrier.

j. Storm drain inlet protection.

k. Wind/dust control.

l. Stabilized rocked construction entrance/exit.

m. Tracking control.

(c) Implementation of the water pollution control drawings for erosion and sediment control shall be completed prior to any physical development of any property.

(d) Construction sites shall keep erosion and sediment control supplies on site during the rainy season. (Ord. No. 2011-13, § 1, 11-21-11)

27C.26 Mobile commercial washing operations.

(a) No person shall engage in, conduct or carry on mobile commercial washing without first obtaining and maintaining a mobile commercial washing operation permit issued pursuant to this chapter;

(b) Applications for mobile commercial washing permits shall be filed with the director and shall comply with the following requirements:

(1) Applications for mobile commercial washing permits shall be accompanied by a fee in an amount established by resolution of the city council.

(2) Applications shall be completed on a form designated by the director, shall be signed by the applicant under penalty of perjury, and shall contain the following information:

a. Name, address, telephone and other contact information for the applicant.

b. A complete description of the mobile commercial washing to be conducted in the city.

c. Any other information that the director reasonably requires to administer this chapter with respect to the applicant’s activities in the city;

(c) Once a completed application is filed, and the applicant pays the prescribed fee, the director shall review the application and either approve (with or without conditions of approval) or deny, the application. If the application is denied, the director shall give notice of that decision to the applicant and shall include a statement of the reasons for the denial. The grounds for denial shall be:

(1) The permit application contains a false or misleading statement of a material fact.

(2) The permit application fails to demonstrate how the applicant will comply with this chapter.

(3) The application seeks approval for mobile commercial washing in violation of applicable law;

(d) Notice of the director’s decision shall be mailed by certified or registered mail or personally delivered to the applicant at the address shown on the application;

(e) A mobile commercial washing permit shall be effective on the date it is approved by the director and shall be valid for one (1) year from the date of its issuance, unless suspended or revoked;

(f) A permittee shall notify the director of any change in facts or information presented in the application within ten (10) calendar days after such change; provided, however, that nothing in this section shall entitle a permittee to conduct mobile commercial washing other than in compliance with the permit as issued and in accordance with this chapter and other applicable law;

(g) No permit issued under this chapter may be transferred and any attempt to do so shall invalidate the permit and constitute a violation of this chapter;

(h) A mobile commercial washing permittee shall:

(1) When utilizing wash water recycling units:

a. Notify the director in writing of all changes in disposal sites during the permit period;

b. Discharge wash water only as specified in the permit application;

(2) Comply with this chapter.

(3) Display its mobile commercial washing permit as required by the director. (Ord. No. 2011-13, § 1, 11-21-11)

27C.27 Authority to inspect.

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director 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 director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance; provided, that (a) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (b) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. 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.

In any circumstance where there appears an immediate threat to the public health or safety, the director may enter any structure or premises without the consent of any person or court process.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharges of non-storm water to the storm water system, or similar factors.

The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During any inspection as provided herein, the director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. No. 2011-13, § 1, 11-21-11)

27C.28 Notice of violation.

Whenever the director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

(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; and

(f) The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice 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 director and the expense thereof shall be charged to the violator pursuant to section 27C.31, Charging cost of abatement. (Ord. No. 2011-13, § 1, 11-21-11)

27C.29 Appeal.

Any person receiving a notice of violation under section 27C.28 may appeal the determination of the director to the city administrator. The notice of appeal must be received by the city administrator within five (5) days from the date of the notice of violation. Hearing on the appeal before the city administrator or his/her designee shall take place within fifteen (15) days from the date of city’s receipt of the notice of appeal. The decision of the city administrator or designee shall be final. (Ord. No. 2011-13, § 1, 11-21-11)

27C.30 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 27C.29, within ten (10) days of the decision of the city administrator upholding the decision of the director, then the city or a contractor designated by the director may 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. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above. (Ord. No. 2011-13, § 1, 11-21-11)

27C.31 Charging cost of abatement.

Within thirty (30) days after abatement of the nuisance by city, the director shall notify the property owner of the 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 (15) days. 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. (Ord. No. 2011-13, § 1, 11-21-11)

27C.32 Urgency abatement.

The director 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 director, the city 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 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. No. 2011-13, § 1, 11-21-11)

27C.33 Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. (Ord. No. 2011-13, § 1, 11-21-11)

27C.34 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. No. 2011-13, § 1, 11-21-11)

27C.35 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. No. 2011-13, § 1, 11-21-11)

27C.36 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. No. 2011-13, § 1, 11-21-11)

27C.37 Coordination with hazardous materials inventory and response program.

The first revision of the business plan for any facility subject to the city’s hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-storm water discharges and illicit discharges, and the requirement to reduce storm water pollutants to the maximum extent practicable (MEP). (Ord. No. 2011-13, § 1, 11-21-11)

27C.38 Fees set by resolution.

The city council shall establish, by resolution, any fees necessary to carry out the purpose of this chapter. (Ord. No. 2011-13, § 1, 11-21-11)

Chapter 27CMUNICIPAL STORM WATER QUALITY PROTECTION AND DISCHARGE CONTROL

27C.1 Purpose and intent.