Chapter 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL

A. The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (NPDES) requirements to storm water and urban runoff discharges into the city’s municipal separate storm sewer system (MS4).

B. The State Water Resources Control Board (“State Water Board”) is the state water pollution control agency for all purposes of the Federal Clean Water Act pursuant to Section 13160 of the California Water Code. The State Water Board is authorized by the United States Environmental Protection Agency (EPA) to administer the NPDES program within the state. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) provides authority for the state NPDES program, including provisions to issue NPDES permits and waste discharge requirements (WDRs) to regulate discharges of storm water to the waters of the state.

C. Storm water flows from individual properties to the city’s MS4 and then ultimately to the waters of the United States.

D. The city of Rancho Cordova, the county of Sacramento and the cities of Citrus Heights, Elk Grove, Folsom, Galt, and Sacramento are subject to the waste discharge requirements of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements General Permit For Discharges From Municipal Separate Storm Sewer Systems (Order R5-2016-0040, NPDES No. CAS0085324) (Municipal Storm Water Permit), under which the city and Sacramento County are co-permittees. As co-permittee with Sacramento County, the city is required to possess the necessary legal authority, and to implement appropriate procedures, to regulate the entry of pollutants and non-storm water discharges into the city’s MS4.

E. The city’s municipal storm water permit requires the city effectively prohibit non-storm water discharges into the MS4 except as otherwise allowed by the permit or permitted by federal law. The municipal storm water permit and this chapter require regular compliance inspections and enforcement at certain commercial and industrial facilities, as defined by the permit.

F. The city council finds in this regard that the provisions of this chapter are necessary to provide the city with the legal authority necessary to implement and otherwise comply with the requirements of its municipal storm water permit and to protect the waters of the state for the benefit of its people and the environment. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.020 Purpose and intent.

A. This chapter is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the city to exercise its police power to protect and promote the public health, safety, and general welfare. While storm water runoff is one step in the natural cycle of water, human activities, including, but not limited to, agriculture, construction, and the operation of an urban infrastructure, may result in undesirable discharges of pollutants and certain sediments. Such discharges may accumulate in local drainage channels and waterways, and may eventually be deposited in the waters of the United States. The purpose of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands within the city in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, and Municipal Discharge Permit No.CAS0085324, Order R5-2016-0040, together with all subsequent amendments and renewals, by controlling the contribution of urban pollutants to storm water runoff which enters the city’s storm water conveyance system.

B. It is the intent of the city council in adopting this chapter to provide the city with the legal authority to accomplish the following goals:

1. To benefit the people and environment of the city of Rancho Cordova by protecting water quality in waters of the United States and waters of the state;

2. To reduce the discharge of pollutants in storm water to the maximum extent practicable;

3. To effectively prohibit non-storm water discharges into the city’s storm water conveyance system;

4. To comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and NPDES Municipal Storm Water Discharge Permit No.CAS0085324, and Order R5-2016- 0040, together with all subsequent amendments and renewals as they apply to the discharge of pollutants into and from the city’s MS4;

5. To fully implement the city’s comprehensive annual work plans as approved by the Regional Water Quality Control Board (Regional Water Board);

6. To protect the physical integrity and function of the city’s MS4 from the effects of pollutants and materials other than storm water;

7. To prevent the contamination of groundwater as a result of urban storm water runoff;

8. To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the city’s MS4;

9. To provide for the recovery of regulatory costs incurred by the city in the implementation of its comprehensive storm water quality improvement program, including, but not limited to, enforcement activities, compliance assistance, inspections, investigations, sampling, and monitoring; and

10. To establish appropriate enforcement procedures and penalties for violations of the provisions of this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.025 Authorization for Sacramento County to perform city’s storm water management and discharge control responsibilities.

Repealed by Ord. 11-2023. [Ord. 41-2004 § 2].

15.12.030 Definitions.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this chapter shall, when used in the chapter, have the same meaning as set forth in said act or regulation.

As used in this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

“Administrator” means the city’s public works director or another city official designated by the city manager to administer the city’s storm water program.

“Best management practices (BMPs)” means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. BMPs shall also be defined to include structural controls, treatment controls, training requirements, operating procedures, and practices to control site runoff, spillage, leaks, sludge or waste disposal, and drainage from raw materials storage.

“City” means the city of Rancho Cordova.

“City council” or “council” means the city council of the city of Rancho Cordova.

“City storm water conveyance system” means those public and natural facilities within the city, which are operated, maintained or controlled by the city, by which storm water may be conveyed to waters of the United States or waters of the state, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains. The city’s storm water conveyance system includes natural creeks and small streams which are also defined as receiving waters by the municipal storm water permit, but does not include the American River.

“County” means county of Sacramento.

“Discharge” means the release or placement of any material into the city’s storm water conveyance system, including, but not limited to, storm water, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

“Discharger” means any person, business, construction project, or entity that discharges, or causes to discharge, either directly or indirectly, storm water or any other material into the city’s MS4.

“Hydromodification” means the changes in the natural watershed hydrologic processes and runoff characteristics (e.g., interception, infiltration, overland flow, and groundwater flow) caused by urbanization or other land use changes that result in increased stream flows and sediment transport. In addition, alteration of stream and river channels, such as stream channelization, concrete lining, installation of dams and water impoundments, and excessive streambank and shoreline erosion are also considered hydromodification, due to their disruption of natural watershed hydrologic processes. For the purposes of this chapter, “hydromodification” refers to ecologically significant modification of a watershed’s natural hydrograph, characterized by increased volume, velocity, rate, duration, and/or overall energy.

“Hydromodification control” means measures to mitigate artificial acceleration of natural erosion and sedimentation processes within the receiving waters through attenuation, infiltration, and dispersion of additional runoff created by impervious surfaces and earthwork compaction to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States.

“Illicit connection” means any physical connection to the city’s storm water conveyance system which is not permitted pursuant to a valid NPDES permit and/or expressly authorized by the city.

“Illicit discharge” means any discharge to the MS4 that is not composed entirely of storm water, except discharges pursuant to a NPDES permit and non-storm water discharges, such as those resulting from firefighting activities (40 CFR 122.26(b)(2)).

“Implementing agency” means the agency or department designated by the city manager to enforce the provisions of this chapter with respect to a particular program, site, facility, or industry category.

“Industry” or “industrial activity” means any service, business, enterprise, or any other activity conducted by any person or entity for monetary gain or other compensation or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a nonprofit corporation as defined by the state of California.

“LID strategies” means retention practices that do not allow runoff, such as infiltration, rainwater harvesting and use, and evapotranspiration.

“Low impact development” (LID) means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-project hydrologic functions. LID includes land development strategies that emphasize conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-project hydrologic functions.

“Material” means any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

“Municipal storm water permit” means NPDES Permit No. CAS0085324, together with all subsequent amendments and renewal, issued by the Regional Water Board to Sacramento County and the cities of Rancho Cordova, Citrus Heights, Elk Grove, Folsom, Galt, and Sacramento.

“National Pollution Discharge Elimination System permit” or “NPDES permit” means a permit issued by either the Regional Water Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the California Water Code or the United States Environmental Protection Agency to control discharges from point sources to waters of the United States.

“Non-storm water discharge” means any discharge to the city’s MS4 or directly to the natural surface waters which did not originate from storm events and snow melt, but essentially resulted from human activities, or materials or processes under a person’s control. Non-storm water discharges include but are not limited to discharges of: (1) water that has been used by a person or entity for any purpose such as cleaning, rinsing, cooling, irrigation, aquaculture, recreation, cooking, and industrial processes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other manmade apparatus; or (3) any discharge of materials or wastes other than water.

“Person” means any individual, firm, company, society, organization, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee, or representative of any of the above.

“Pollutant” means any contaminant or other substance which, as determined by the administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to cause exceedance of receiving water limitations defined in the municipal storm water permit, or any successor section, or otherwise cause a violation of the municipal storm water permit. Pollutant may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settleable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in Section 1362(6) of the Federal Clean Water Act.

“Potential user” means any person or entity who by nature of the enterprise, activity, or industry in which such person or entity is engaged, or by the use, possession, or ownership of specified types of equipment, is determined by the administrator to generate or have the capacity to generate wastes or wastewater which have significant potential to be discharged to the city MS4.

“Premises” means any building, lot, parcel or land, or portion thereof, whether improved or unimproved.

“Prohibited discharge” means any non-storm water discharge to the city MS4 or directly to receiving waters, which is not otherwise specifically authorized by this chapter, the Regional Water Quality Control Board, state or federal law, or an NPDES permit.

“Receiving water limitations” means those restrictions defined and listed in Section IV of the city’s municipal storm water permit (NPDES Permit No. CAS0085324) or any successor permit.

“Receiving waters” means surface bodies of water, as defined by the municipal storm water permit, including, but not limited to, creeks and rivers, which serve as discharge points for the city’s MS4.

“Regional Water Board” means the California Regional Water Quality Control Board, Central Valley Region.

“Significant redevelopment” means the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to, expansion of a building footprint, or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity and land-disturbing activities related to structural or impervious surfaces.

“Specific performance requirements” means standards adopted by the city that define required conditions or results regarding the elimination of non-storm water discharges or the control of pollutants in storm water from specified sources.

“State Construction General Permit” means the State Water Resources Control Board’s Order No. 99-08-DWQ superseded by Order No. 2010-2014 National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000021 Waste Discharge Requirements (WDRS) for Discharges of Stormwater Runoff Associated with Construction Activity, and any successor documents.

“State Industrial General Permit” means the State Water Resources Control Board’s Order No. 97-03-DWQ and Order No. 2014-0057 National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Stormwater Associated with Industrial Activities Excluding Construction Activities, and any successor documents.

“Storm water” means surface runoff and drainage resulting from storm events and snow melt.

“Subject activity” means any industrial activity which is determined by the administrator to discharge or have the potential to discharge pollutants into storm water or non-storm water in quantities or concentrations which may cause exceedance of receiving water limitations.

“Threatened prohibited non-storm water discharge” means any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the administrator to be a condition which results in a substantial likelihood of a future prohibited non-storm water discharge.

“User” means any person who discharges, or causes to discharge, either directly or indirectly, storm water or any other material into the city’s MS4.

“Waters of the United States” means any surface water or groundwater, including saline waters within the boundaries of the state (40 CFR 120.2(a)). [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.035 Construction.

The provisions of this chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Municipal Stormwater Discharge Permit No.CAS0085324, and Order R5-2016-0040, together with all subsequent amendments and renewals. In the event of a conflict between this chapter and any federal or state law, regulation, order or permit, the requirement which establishes the higher standard for public health and safety shall govern. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.040 Applicability.

The provisions of this chapter shall be applicable to all dischargers and potential dischargers located within the city and all users that discharge either directly or indirectly into the city’s MS4. This chapter shall also apply, within the city, to non-storm water discharges made directly to American River or local creeks and channels.

This chapter shall not be applicable to entities located outside of the city if their storm water or non-storm water discharge enters a storm water conveyance facility owned or operated by another public agency which is subject to a valid NPDES permit for discharges from a municipal separate storm sewer system prior to entering the downstream conveyance system.

This chapter shall apply to facilities subject to and in compliance with the State General Construction Activity Storm Water Permit and/or the city’s erosion and sediment control ordinance, city grading permit, building permit, or any other instrument of the city that establishes pollutant control provisions for construction sites.

This chapter shall not apply to activities conducted by or facilities operated by the state of California or by agencies of the federal government. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.050 Regulatory consistency.

The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this code. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.060 Compliance disclaimer.

Compliance by any person or entity with the provisions of this chapter shall not preclude the need to comply with other local, state, or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of storm water quality, or both. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.070 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter. The council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter would subsequently be declared to be invalid or unconstitutional. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.080 Administration.

Except as otherwise provided herein, the administrator shall be responsible for the administration, implementation, and enforcement of the provisions of this chapter. Any powers granted to, or duties imposed upon, the administrator may be delegated by the administrator to other city employees or, upon the approval of the council, to employees of other public agencies. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.090 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 are minimum standards and this chapter does 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 or any officer or employee thereof for any damages that result from reliance on this chapter, or any administrative decision lawfully made thereunder. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

Article II. Prohibited Non-Storm Water Discharges

15.12.100 Prohibited non-storm water discharge.

Except as provided in RCMC 15.12.110, it shall be unlawful for any person to make or cause to be made any non-storm water discharge indirectly or directly to the city receiving waters. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.110 Exceptions to non-storm water discharge prohibition.

The following discharges to the MS4 are exempt from the otherwise applicable discharge prohibition set forth in RCMC 15.12.100:

A. Any discharge regulated under an NPDES permit issued to the discharger and administered by the state pursuant to Chapter 5.5 of Division 7 of the California Water Code; provided, that any such discharge is in compliance with all requirements of the NPDES permit and all other applicable laws and regulations.

B. Any discharge from any of the following activities; provided, that any such discharge does not cause or contribute to the violation of any receiving water limitation as determined by the administrator:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flows;

4. Rising groundwaters;

5. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20)) to separate storm sewers;

6. Uncontaminated pumped groundwater;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensate;

10. Irrigation water;

11. Springs;

12. Water from crawlspace pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated/dibrominated swimming pool/spa discharges;

18. Street wash water; and

19. Essential nonemergency and emergency firefighting activities.

C. Any discharges which the administrator, the city public works director, or the Regional Water Board determines in writing are necessary for the protection of public health or safety.

D. Additional categories of non-storm water discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the administrator upon approval of the executive officer of the Regional Water Board, as provided in the municipal storm water permit, and all subsequent amendments and renewals. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.120 Exception to otherwise applicable exemptions.

Notwithstanding the exemptions provided for in RCMC 15.12.110, if the Regional Water Board or the administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the administrator may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses an immediate significant threat to the environment or to public health and safety, the administrator may waive the 30-day waiting period and require immediate cessation of the discharge. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.130 General discharge prohibition.

It shall be unlawful for any person to discharge, or cause to be discharged, any material to the city’s storm water conveyance system which results in, or contributes to, a violation of the municipal storm water permit. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.140 Threatened prohibited non-storm water discharge.

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited non-storm water discharge after having received notice of the administrator’s determination as to the existence of a threatened prohibited non-storm water discharge. This section may be enforced pursuant to Article V of this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.150 Illicit connections prohibited.

A. It shall be unlawful for any person or entity to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal and abatement by the city pursuant to Chapter 16.02 RCMC.

B. The prohibition set forth in subsection (A) of this section shall apply to illicit connections in existence at the time that the ordinance codified in this chapter becomes effective. Upon the effective date of the ordinance codified in this chapter, any person or entity who maintains an illicit connection shall have 30 days from the effective date of the ordinance codified in this chapter to disconnect and discontinue use of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in RCMC 15.12.030, may apply to the administrator to continue the connection subject to applicable city standards. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.160 Negligence or intent not required.

A violation of the provisions of this article shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

Article III. Reduction of Pollutants in Storm Water

15.12.200 General requirements.

A. The administrator may designate as subject activities those industrial activities which are identified as potential sources of discharges of pollutants to the city MS4.

B. Any person whom the administrator determines is conducting any subject activity shall reduce the discharge of pollutants from those activities through the implementation of BMPs in accordance with RCMC 15.12.260.

C. The administrator shall conduct a notification and comment process for designations or determinations made pursuant to subsection (A) of this section.

D. Any determination made by the administrator pursuant to subsection (B) of this section shall be subject to the provisions for the adoption of regulations set forth in RCMC 15.12.250. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.210 Containment and notification of spills.

A. Any person or entity owning or occupying a premises, or conducting any activity, that has knowledge of any storm water discharge or threatened prohibited non-storm water discharge from the premises or activity to the city’s storm water conveyance system shall immediately take all reasonable actions to contain and otherwise minimize any such discharge.

B. The administrator may designate types of industries where the owner or operator of the industry shall be required to notify the administrator or the implementing agency within 24 hours of the discovery of an actual discharge into the city’s storm water conveyance system.

C. For any discharge subject to the reporting requirements of Sections 13271 and 13272 of the California Water Code, notification in compliance therewith shall constitute sufficient notification for the purposes of this section. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.220 Reduction of trash discharge.

New development and significant redevelopment projects in the city are required to incorporate trash capture measures. The amendments to the Water Quality Control Plan for the Ocean Waters of California to Control Trash and Part 1, Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Amendments), were adopted on April 7, 2015. The Trash Amendments established a statewide water quality objective for trash to control trash down to five millimeters, and implementation provisions using a land-use-based compliance approach that targets high trash generating areas.

The Trash Amendments focus on structural and institutional program controls at high trash generating areas within municipalities. The Trash Amendments identified five priority land use (PLU) areas for trash control:

A. High density residential (10 units or more);

B. Industrial;

C. Commercial;

D. Mixed urban; and

E. Public transportation stations.

New development and redevelopment projects classified as priority land uses are required to incorporate full capture systems. The Trash Amendments define these systems as:

A treatment control, or series of treatment controls, including but not limited to, a multi-benefit project or a low-impact development control that traps all particles that are 5 mm or greater, and has a design treatment capacity that is either:

• Not less than the peak flow rate, Q, resulting from a one-year, one-hour, storm in the subdrainage area, or

• Appropriately sized to, and designed to carry at least the same flows as, the corresponding storm drain.

[Ord. 11-2023 § 3 (Exh. A)].

15.12.230 Construction sites with building permits.

Any person or entity owning or operating a construction site for which a building permit has been issued shall implement BMPs to control the discharge of pollutants to the maximum extent practicable and eliminate non-storm water discharges that are not in compliance with an NPDES permit. See RCMC Title 16 for more details. [Ord. 11-2023 § 3 (Exh. A)].

15.12.240 Post-construction requirements for new development and significant redevelopment.

A. The administrator shall be authorized to establish specified performance requirements and requirements for BMPs as appropriate to minimize the long-term, post-construction discharge of storm water pollutants from new development or significant redevelopment, to implement the development standards plan, and to comply with the requirements associated with the development standards in the municipal storm water permit. The requirements for new development or redevelopment may include but are not limited to performance standards, source control measures, treatment control measures, hydromodification management measures, low impact development measures, operational BMPs, building material specifications or limitations, site design requirements, signage and marking, and associated maintenance programs or schedules.

B. Requirements established pursuant to subsection (A) of this section may be included in development standards, building codes, building permits, conditions of development, or any other appropriate instrument administered by the city. [Ord. 11-2023 § 3 (Exh. A); SCC 1280 § 2, 2004].

15.12.250 Best management practices.

A. The administrator may adopt regulations for specified subject activities. Such regulations shall describe best management practices which, if implemented by persons or entities conducting such specified activities, shall satisfy the requirements of RCMC 15.12.200.

B. Persons or entities conducting subject activities may implement BMPs not contained in the adopted regulations to satisfy the requirement of RCMC 15.12.200 through either of the following mechanisms:

1. By submitting and receiving prior written approval for the alternative BMPs from the administrator if he or she determines that the proposed alternative BMPs provide a level of protection from storm water discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section; or

2. By implementing alternative BMPs which provide a level of protection from storm water discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (A) of this section.

C. Any alternative BMPs implemented pursuant to subsection (B)(2) of this section shall be subject to review and approval by the administrator as part of the inspection procedures set forth in Article IV of this chapter. If a person or entity conducting subject activities implements alternative BMPs without the prior written approval of the administrator and subsequently receives written notice from the administrator that the alternative BMPs do not provide the required equivalent level of protection from storm water discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of the requirements of RCMC 15.12.200(B) as of the date of delivery of such notice unless it is ultimately determined pursuant to an administrative appeal pursuant to RCMC 15.12.450 that the alternative BMPs provide the required equivalent level of protection from storm water discharges.

D. Any facility that is in compliance with its state or federal NPDES permit for storm water discharges for that facility shall be deemed to have met the requirements of RCMC 15.12.200(B).

E. The administrator shall develop regulations for determining when BMPs have been successfully implemented. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.220].

15.12.260 Best management practice maintenance requirements.

The administrator may require a property owner to execute a maintenance agreement for any post-construction storm water quality measure to ensure continued compliance with specified performance requirements. This requirement will apply to measures required by the city or measures that were voluntarily installed. A maintenance agreement may be required when the administrator determines that proper maintenance is necessary to protect public safety, health, infrastructure, or the environment, or to otherwise meet the purposes of this chapter. Maintenance requirements established pursuant to this section must be appropriate for the site conditions and design of the proposed measures. [Ord. 11-2023 § 3 (Exh. A)].

15.12.270 Administrative rules and regulations.

A. The administrator shall have the authority to promulgate regulations for the implementation of this chapter. Prior to the administrator’s initiation of any proposed regulations, the administrator shall submit such proposal to the city council for its approval.

B. All regulations promulgated by the administrator shall be consistent with the provisions of this chapter. Any such regulations, or amendments thereof, shall be filed with the city clerk. The clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within 10 calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the administrator shall make a reasonable effort to identify, notify, and provide copies to any industries which are specifically designated by the administrator as subject to a rule or regulation. However, neither the failure of the administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the administrator, or amendments thereto, shall be enforced or become effective until 30 calendar days following the date on which notification of the regulations is published.

C. Any person or entity who asserts that they are aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the city clerk shall schedule the appeal for a public hearing by the council. At the conclusion of the public hearing the council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The council’s determination of this matter shall be final.

D. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.230].

Article IV. Inspection and Monitoring

15.12.300 Scope of inspections.

A. Prior to commencing any inspection authorized pursuant to this section, the administrator shall obtain the consent of the owner or occupant of the premises, or an administrative inspection warrant. 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, sampling in areas with evidence of storm water contamination, illicit connections, discharge of non-storm water to the city MS4 or similar factors.

B. The administrator may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the city’s storm water conveyance system. 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, sampling in areas with evidence of storm water contamination, illicit connections, discharge of non-storm water to the city MS4 or similar factors.

C. The administrator may enter upon private property for the purpose of verifying compliance with the provisions of this chapter, including, but not limited to, the following:

1. Identifying products produced, processes conducted, chemicals used, and materials stored on or contained within the property;

2. Identifying point(s) of discharge of all wastewater, process water systems, pollutants, and other discharges from the property;

3. Investigating the natural slope of the premises, including drainage patterns and artificial conveyance systems;

4. Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain;

5. Locating any illicit connection or the source of any prohibited non-storm water discharge; and

6. Evaluating implementation of BMPs.

D. For purposes of verifying compliance with the provisions of this chapter, the administrator may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be used by the business for business-related activities and to be associated with industrial sources of pollutants or with non-storm water discharges.

E. The administrator may inspect all records of the owner or occupant of any premises relating to chemicals or processes presently or previously occurring on site, including materials and/or chemical inventories, facilities maps or schematics or diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, monitoring program plans or any other records relating to illicit connections, prohibited discharges or the potential discharge of pollutants to the city MS4. In addition, the administrator may require the owner or occupant to furnish, within a reasonable time period, copies of all such records listed in this section.

F. The administrator may inspect, sample, and test any area runoff, soils area (including any groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for the contribution of pollutants to the city MS4. The administrator may investigate the integrity and layout of all storm drain and sanitary sewer systems or other pipelines on the premises using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The administrator may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the premises.

G. The administrator may erect and maintain monitoring and sampling devices for measuring any discharge or potential source of discharge to the city MS4. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.310 Fees.

The administrator shall collect such fees as may be authorized by the city council, to provide for the recovery of regulatory costs, including routine inspections and other regulatory functions associated with this chapter. Failure of any person or entity to pay required fees within the time period set in the policy established by the administrator shall be a violation of this chapter. There shall be no fee assessed to appeal the determination that a person or entity conducts any subject activity. Any such fees shall be established by resolution of the city council and shall be in accordance with all other applicable legal requirements. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.350].

Article V. Enforcement

15.12.400 Notice of noncompliance.

A. The administrator may issue a notice and order to any of the following:

1. The owner or occupant of any premises, or to any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this chapter;

2. Any person or entity who fails to implement BMPs in accordance with RCMC 15.12.200(B);

3. Any person or entity responsible for a prohibited discharge or maintenance of a threatened prohibited non-storm water discharge;

4. Any person or entity who fails to comply with the Trash Amendment requirements;

5. Any person or entity who fails to comply with the post-construction storm water control measures;

6. Any person or entity responsible for an illicit connection; and

7. Any person or entity responsible for any other violation of this chapter.

B. The notice and order shall be delivered in accordance with RCMC 15.12.430.

C. The notice of noncompliance shall identify the provision of this chapter that has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions, including the recovery of any costs incurred by the city or, where applicable, the county. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.410 Administrative compliance orders.

A. The administrator may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with RCMC 15.12.430. The administrative compliance order may be issued to any of the following:

1. The owner or occupant of any premises requiring abatement of conditions on the premises that cause or may cause a prohibited discharge in violation of this chapter.

2. A person or entity who fails to implement BMPs in accordance with RCMC 15.12.200(B).

3. Any person or entity responsible for a prohibited discharge or maintenance of a threatened prohibited discharge.

B. An administrative compliance order may include the following terms and conditions:

1. Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized discharges, including, but not limited to, the threat of any prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area.

2. Specific requirements for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to storm water runoff.

3. Specific requirements for the installation of overhead covering.

4. Any terms or conditions reasonably calculated to prevent continued or threatened violations of this chapter.

5. Any other measures necessary or appropriate to fully implement BMPs in accordance with RCMC 15.12.200(B). [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.420 Cease and desist orders.

A. The administrator may issue a cease and desist order, delivered in accordance with RCMC 15.12.430, if he or she determines that a violation in this chapter constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the city storm water conveyance system or natural surface waters, and may result in an order to immediately cease and desist all activities causing such immediate threat. The administrator may issue a cease and desist order to any person or entity to immediately cease any activity that may lead to a violation of receiving water limitations.

B. A cease and desist order shall direct the owner or occupant of any premises subject to this chapter, or any person or entity named therein which is subject to this chapter: (1) to immediately discontinue all or specified prohibited conditions or discharges to the city storm water conveyance system, natural surface waters, or otherwise, until such time as abatement actions sufficient in the determination of the administrator have been satisfactorily effected and so confirmed by written amendment to said cease and desist order; (2) immediately discontinue any other violation of this chapter; and (3) clean up the area affected by the violation.

C. Any cease and desist order may be appealed pursuant to the administrative appeals process of this chapter (RCMC 15.12.450); provided, however, the cease and desist order shall remain in effect pending final determination thereof. Nothing shall limit the administrator’s authority to continue enforcement actions under a pending cease and desist order, including modifying a cease and desist order consistent with the purpose and intent of this chapter.

D. Any cease and desist order shall be cumulative and not exclusive of any other remedies in this chapter and as provided by law.

E. A cease and desist order shall inform the discharger of the administrator’s authority and intent to conduct abatement of the violation or threatened violation according to RCMC 15.12.460, if the discharger fails to comply with the requirements of the cease and desist order within the specified time frame.

F. If the discharger fails to comply with a cease and desist order within the time specified in the order, the administrator may conduct abatement of the violation according to RCMC 15.12.460.

G. Nothing in this section requires the administrator to issue a cease and desist order before conducting summary abatement as provided under RCMC 15.12.460. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.430 Delivery of notice.

Any notice of noncompliance, administrative compliance order, cease and desist order, or other enforcement order pursuant to the requirements of this chapter shall be subject to the following requirements:

A. The notice shall state that the recipient has a right to appeal the matter as set forth in RCMC 15.12.450.

B. The notice shall state that the recipient or the property owner, or both, may be liable for all enforcement costs incurred by the city or, where applicable, the county, in correcting the violation.

C. Delivery shall be deemed complete upon either personal delivery to the recipient or deposit in the U.S. Mail, postage prepaid, for first class delivery.

D. Where the recipient of the notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property.

E. Where the owner or occupant of any premises cannot be located after reasonable efforts of the administrator, the notice shall be deemed delivered after posting on the premises for a period of 10 business days. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.440 Enforcement actions.

A. In addition to any other content, a notice and order, or a cease and desist order shall contain the following elements:

1. The street address and assessor’s parcel number or such other legal description sufficient for identification of the premises responsible for the violation.

2. A statement of the administrator’s findings that indicates a violation has occurred.

3. A citation of the provision of this chapter that has been violated.

4. A date by which any person or entity must be in compliance with this chapter, or a date by which an action plan must be submitted by the person or entity to propose a means and time frame by which to correct violations. The administrator may extend the compliance date when good cause exists for such an extension.

5. Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons or entities.

6. Notification that the city may recover any costs incurred by the city as a result of the violation.

7. Notification that a violation of this chapter may result in an administrative civil penalty of up to $5,000 per violation for each day that the violation occurs, or in a criminal penalty.

8. Notification that the recipient has a right to a hearing on the matter as set forth in RCMC 15.12.450, to determine the enforcement of any administrative civil penalty sought by the administrator, or to appeal any findings or required corrective actions established by the administrator.

9. Notification of hearing dates, appeal deadlines, and procedures for requesting a hearing established according to RCMC 15.12.450.

B. In addition to any other content, a notice and order or a cease and desist order, or a notice of administrative civil penalty may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:

a. Cessation of illicit discharges.

b. Correction of prohibited conditions.

c. Requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter. The administrator may require the action plan to address specific items, including the following:

i. Specific time schedules for compliance.

ii. Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to storm water runoff.

iii. Identification of persons or entities responsible for compliance with this chapter.

d. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person or entity receiving any notice pursuant to this section shall submit written certification to the administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

3. Any other terms or conditions reasonably necessary to prevent additional or ongoing violations of this chapter.

C. A notice and order, a cease and desist order, or a notice of administrative civil penalty may be issued separately or in combination with another notice or order for the same violations or set of related violations. [Ord. 11-2023 § 3 (Exh. A)].

15.12.450 Administrative appeals.

A. Except as set forth in subsection (C) of this section, any person or entity receiving: (1) a designation as a person or entity who conducts subject activities; (2) a notice and order; or (3) who is otherwise subject to an adverse determination pursuant to this chapter may appeal the matter by requesting an administrative hearing before a hearing officer appointed by the council.

B. Any person or entity appealing a notice and order, designation as a person or entity who conducts subject activities or other adverse determination shall file, within 30 days of receipt of notice thereof, a written request for an administrative hearing, accompanied by an administrative hearing fee as established by resolution of the city council, with the administrator. A hearing on the matter shall thereafter be held before a hearing officer within 45 days of the filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a request by the appealing party, a continuance of the hearing is granted.

C. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing or the time requirement for the hearing is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person or entity subject to the cease and desist order or the emergency abatement.

D. The administrator shall appear in support of the notice, order, designation, determination or emergency abatement action and the appealing party shall appear in support of the withdrawal of the notice, order, designation, determination or in opposition to the emergency abatement action. The city shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for the appropriate presentation of the case.

E. Except in the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within 10 business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. In the case of a proceeding to determine the validity of a cease and desist order or a hearing following an emergency abatement, the final decision of the hearing officer shall be issued within five business days following the conclusion of the hearing. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure and shall be commenced within 90 days following the final decision. Any administrative hearing fee paid by a prevailing party shall be refunded. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.440].

15.12.460 Nuisance and abatement.

A. Any condition in violation of the provisions of this chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare and is declared and deemed to be a public nuisance.

B. At the request of the administrator, the city may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the administrator shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the premises where the nuisance or threatened nuisance is occurring.

C. At the request of the administrator, the city may seek an abatement warrant or other appropriate judicial authorization to enter the premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.

D. In the event the nuisance constitutes an imminent danger to public safety or the environment, the administrator may enter the premises from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

1. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where such pollutants present a significant and immediate threat to the public safety or the environment.

2. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing pursuant to RCMC 15.12.450 shall follow the emergency abatement action. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.450].

15.12.470 Administrative civil penalties.

A. In addition to any other remedies provided by this chapter, there is hereby imposed an administrative civil penalty of up to $5,000 for each violation of this chapter. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in RCMC 15.12.430. The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a hearing officer before it is enforced. When violation of this chapter pertains to a continuing violation that does not create an immediate danger to health or safety, as determined by the administrator, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The administrator shall determine and notify the violator of the time within which the violator must correct or remedy the violation. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

B. Enforcement of the administrative civil penalty imposed by the administrator shall be by written order issued by the hearing officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided in RCMC 15.12.450.

The order of the hearing officer concerning the administrative civil penalty shall be in writing, resolving the essential issues raised and confirming, amending, or rejecting the administrative civil penalty imposed by the administrator. In reaching a decision concerning any administrative civil penalty, the hearing officer shall be guided by factors including, but not limited to, the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

C. The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Section 53069.4 of the California Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code on the city shall be served upon the city clerk. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.460].

15.12.480 Criminal penalties.

A. Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, fails to implement BMPs in accordance with RCMC 15.12.200(B) or fails to comply with a specified requirement or a provision of a city storm water permit shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six months in the county jail, or both.

B. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an administrative compliance order, a cease and desist order, or failure to implement BMPs in accordance with RCMC 15.12.200(B) shall constitute a separate violation of this chapter punishable by fines or sentences in accordance herewith.

C. The administrator may authorize specifically designated city employees to issue citations for misdemeanor violations of this chapter pursuant to Section 836.5 of the Penal Code. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.470].

15.12.490 Miscellaneous enforcement provisions.

A. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the administrator to seek cumulative remedies. The remedies available to the city pursuant to the provisions of this chapter shall not limit the right of the city or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

B. The administrator may request the city to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the city of all costs incurred in enforcing this chapter, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to the restoration of the environment, and any other costs or expenses authorized by law.

C. The administrator may request the city to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

1. All costs incurred in the enforcement of this chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

2. All costs incurred in mitigating harm to the environment or reducing the threat to human health.

3. Damages for irreparable harm to the environment.

D. The city is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the city storm water conveyance system from any violation of this chapter where such violation has caused damage, contamination or harm to the environment, public property, or the city storm water conveyance system.

E. Each day in which a violation occurs and each separate failure to implement BMPs in accordance with RCMC 15.12.200(B) or to comply with either a separate provision of this chapter, an administrative compliance order, or a cease and desist order shall constitute a separate violation of this chapter punishable by administrative penalties in accordance with this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2. Formerly 15.12.480].

Article VI. Recovery of Costs of Abatement

15.12.500 Costs of abatement – Confirmation.

A. When proceedings under this chapter result in the correction of a violation of this chapter or in a final determination that a violation exists after the date specified in any notice issued pursuant to the provisions of this chapter, the costs of such proceedings incurred by the city may be assessed against the property. Such costs may include, but are not limited to, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

B. The administrator shall keep an account of the administrative and other costs of abatement and clean up and shall submit to the council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the city clerk no later than 15 calendar days in advance of the confirmation hearing required below.

C. Upon receipt of the report, the city clerk shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date, and place of the hearing, together with reference to the report on file with the clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. Such notice shall be mailed no later than 15 calendar days in advance of the hearing. Notice of the time, date, and place of the public hearing by the council shall be published once in a newspaper of general circulation published within the city.

With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the administrator, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the clerk. Such publication shall be made not later than 15 calendar days in advance of the hearing.

D. At the time fixed for receiving and considering the report, the city council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour, and description of the subject property under hearing. The council may continue the hearing and delegate to the city manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided, that the council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the city manager or their designee. The council may modify the report if it is deemed necessary. The council shall then confirm the report by motion or resolution. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.510 Costs – Assessments.

A. If the costs as confirmed are not paid within 30 days of the date of mailing of the notice or date of publication pursuant to RCMC 15.12.500, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the California Government Code, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If, subsequent to the mailing of the notice of noncompliance and prior to transmittal of the notice of unpaid costs to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice of noncompliance is sold or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date the said notice of noncompliance was placed in the United States Postal System or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.520 Treble costs.

Pursuant to Section 25845.5 of the California Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition in violation of this chapter that may be abated pursuant to Section 25845 of the Government Code, a court may order the owner to pay treble the costs of abatement. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.530 Hearing of protests.

Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the administrator together with any such protests or objections. The council may make such revision, correction or modification of the report or the charge as it may deem just, and, in the event the council is satisfied with correctness of the charge, the report of the administrator (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the council on the report and the charge and on all objections or protests shall be final and conclusive. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.540 Assessment for summary abatement.

Where the charge to be made is the result of summary abatement pursuant to RCMC 15.12.460(C), the city council may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.550 Time for contest of assessment.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is ordered to be placed upon the assessment roll as provided herein. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

15.12.560 Filing copy of report with city clerk.

A certified copy of the assessment shall be filed with the city clerk on or before August 1st of each fiscal year. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the county assessor for the current fiscal year. [Ord. 11-2023 § 3 (Exh. A); Ord. 41-2004 § 2].

Article VII. Commercial and Industrial Facilities

15.12.600 Purpose and intent.

The purpose of this article is to provide for tracking, inspection, and enforcement of the city’s storm water ordinance with respect to commercial and industrial facilities within the city as required by the municipal storm water permit. [Ord. 11-2023 § 3 (Exh. A)].

15.12.610 Delegation of authority to county environmental management department (EMD).

A. Subject to an agreement approved by the city council under which the county of Sacramento shall assume responsibility for tracking, inspecting, and enforcing the city’s storm water ordinance at certain commercial and industrial facilities specified in the municipal storm water permit, the city hereby authorizes and delegates to the county of Sacramento the authority to enforce the city’s storm water ordinance at certain commercial and industrial facilities specified in the municipal storm water permit, and the term “administrator,” as used in this chapter, shall also mean the director of the Sacramento County environmental management department and his or her designees.

B. Any administrative or civil enforcement by the director of the Sacramento County EMD or his or her designees of any provision of this chapter under this article shall be governed by and conducted pursuant to this chapter.

C. Sacramento County may establish and collect from commercial and industrial facilities located within the city such fees as may be necessary to cover the actual costs incurred by Sacramento County to include these facilities in its commercial and industrial compliance program; provided, that the fees are established and collected in accordance with the provisions of the agreement and all applicable legal requirements.

D. The authority delegated to Sacramento County under this article is limited to that necessary to allow the director of the Sacramento County EMD to track, inspect, and ensure compliance with the city’s storm water ordinance at commercial and industrial facilities as required under the municipal storm water permit and in accordance with any agreement between the city of Rancho Cordova and Sacramento County EMD. [Ord. 11-2023 § 3 (Exh. A)].