Chapter 1.07
PENALTY
Sections:
1.07.020 Nonexclusive, additional remedies.
1.07.030 Issuance of citations by designated District employees.
1.07.050 Unauthorized use/theft of water/utility service.
1.07.010 Penalty.
The penalty for the violation of any section of the Malaga Code shall, unless otherwise indicated, be a misdemeanor with the maximum penalty prescribed by California law including, but not limited to, Cal. Water Code §§ 31106, 31029, and 31142 and Penal Code § 498.
1.07.020 Nonexclusive, additional remedies.
A. Nonexclusive. The penalties and remedies described in this chapter, and in the Malaga Code, shall be nonexclusive and cumulative.
B. Additional Remedies. The Malaga County Water District reserves the right to use any method of enforcing this code and any remedy available at law in conjunction with or independently from the District’s enforcement response plan (MCWDC 3.08.010) including, but not limited to:
1. Civil Penalties. A user who has violated, or continues to violate, any provision of this code, an individual wastewater discharge permit or other permit or order issued pursuant to this code or any other statute or regulation or any other pretreatment standard or requirement shall be liable to the District for a civil penalty of not less than $1,000 per day, per violation. Each day a violation exists shall constitute a separate violation and in the case of a monthly or long-term average violation of a discharge limit, penalties shall accrue for each day during the period of the violation. In addition to the civil penalty, the District may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the costs of any actual damages incurred by the District.
2. Injunctive Relief. When the District finds that any user has violated or continues to violate any provision of this code, an individual wastewater discharge permit, or any other permit or order issued under this code or any other law or regulation, or any other pretreatment standard or requirement, the District may petition the Superior Court of California, County of Fresno, or any other court having jurisdiction, through the District’s attorney for the issuance of a temporary or permanent injunction, as applicable, which restrains or compels the specific performance of the individual wastewater discharge permit order or other requirement imposed by this code or any other law or regulation on the activities of the user. The District may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses and the costs of any actual damages incurred by the District in such action.
3. Administrative Citations. The District may, to enforce any applicable provisions of this code, issue administrative citations pursuant to Chapter 1.09 MCWDC.
4. Administrative Complaints. In addition to all other remedies available at law, the Malaga County Water District may, to enforce any applicable provisions of this code, issue administrative complaints pursuant to Cal. Gov’t Code §§ 54725 et seq. or any other applicable statute or regulation.
5. Show-Cause Hearing. The District may order a user who has violated, or continues to violate, any provision of this code, an individual wastewater discharge permit or any other order issued hereunder, or any other pretreatment standard or requirement to appear before the Board of Directors, or the Board of Directors’ designee, to show cause why enforcement action should not be taken. Notice of the hearing shall be given to the user and specify the time and place for the hearing. Such notice shall be served personally or by United States registered or certified mail (return receipt requested) at least 20 days prior to the hearing. Such notice may be served on any authorized representative of the user. Such notice and show-cause hearing shall not be a prerequisite to any other remedy available to the District to enforce this code.
6. Compliance Orders. The District may order a user which has violated, or continues to violate, any provision of this code, an individual wastewater discharge permit or any other permit or order issued under this code, or any other pretreatment standard or requirement, to come into compliance within a specified time. A compliance order may not extend any deadline for compliance established by a pretreatment standard or other requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. The issuance of a compliance order shall not be a bar, or a prerequisite for, taking any other action or the District seeking any other remedy against the user.
7. Cease and Desist Orders. The District may issue an order requiring the user to cease and desist any violation and to immediately comply with all requirements and take such remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. The issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action or the District pursuing any other remedy against the user.
8. Water Supply Severance. The District may order that the water service to the user be severed. Water service will only be reconnected, at the user’s expense, after the user has satisfactorily demonstrated to the District its ability to comply.
1.07.030 Issuance of citations by designated District employees.
Pursuant to Cal. Penal Code § 836.5, the Board of Directors of the Malaga County Water District may designate an officer or employee of the Malaga County Water District to arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce. The officer or employee may issue a citation to any such person and release such person pursuant to Chapter 5C of Title 3 of Part 2 of the California Penal Code. Such designated employees shall not be deemed to be peace officers.
1.07.040 Right of entry.
A. Investigation. The District may enter upon the private property of any person within the jurisdiction of the District in order to investigate possible violations of an ordinance of the District or to review and/or copy any records required to be kept under the provisions of this code, to inspect any monitoring equipment or pretreatment facility or discharge-producing process; or sampling any discharge of wastewater to the POTW. When the General Manager, or his or her designee, determines that entry is required, the District will make every attempt to make such entry during normal business hours but may enter upon the property at any hour under emergency circumstances. In such event, the General Manager, or his or her designee, shall make an effort to immediately notify the user or the user’s duly authorized representative. The entry shall be made with the consent of the owner, the owner’s duly authorized representative, or tenant of the property or, if consent is refused, with a warrant duly issued pursuant to Cal. Water Code § 31016 or the Code of Civil Procedure. If during the course of an investigation the District discovers an actual violation of any District, city or county ordinance, the General Manager, or his or her designee, shall notify the appropriate county or other affected agency within a reasonable time.
B. Enforcement. In order to enforce the provisions of any ordinance of the District, including an ordinance fixing charges for the furnishing of commodities or services, the District may correct any violation of any ordinance of the District pursuant to Cal. Water Code § 31016 or by any other means permissible pursuant to any other law, statute, or regulation. [Ord. 2014-2 § 2.]
1.07.050 Unauthorized use/theft of water/utility service.
A. It is unlawful for any person to tamper, divert, reconnect (the terms “person,” “utility,” “customer,” “utility service,” “divert,” “temper,” or “reconnection” as used in this section shall have the same meaning as those words as defined in Penal Code § 498(a)) or otherwise obtain for himself, herself or theirself utility services without paying the full lawful charge therefor, or with the intent to enable another person to do so, or with the intent to deprive the District of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids or abets, in any of the following shall be guilty of a misdemeanor:
1. Diverts or causes to be diverted utilities services, by any means.
2. Prevents any utility meter, or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means.
3. Tamper with any property owned by or used by the District to provide utility services.
4. Makes or causes to be made any connection with or reconnection with property owned or used by the District to provide utility services without the authorization or consent of the District.
5. Uses or receives the direct benefit of all or any portion of utility services with knowledge or reason to believe that the diversion, tampering, or unauthorized connection exists at the time of that use, or that the use or receipt was otherwise without authorization or consent of the District.
6. Or commits any other violation as described in Penal Code § 498.
B. Any violation of any other section of the Malaga Code pertaining to the unauthorized use of utility service including, but not limited to, Chapter 2.10 MCWDC pertaining to temporary service or service from a fire hydrant.
C. Nonexclusive. The penalties and remedies described in this section shall be nonexclusive and cumulative.
D. Penalty. The penalty for violation of this section shall be $1,000 per violation. [Ord. 2021-1 § 2.]